ILLINOIS POLLUTION CONTROL BOARD
January 8, 1987
IN THE MATTER OF:
JOSEPH THOMAS, d/b/a THOMAS
)
AC 86—3
12TH STREET DISPOSAL
)
(IEPA Docket No. 8146—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a(n) December 8,
1986 filing of an administrative citation pursuant to Section
31.1 of the Illinois Environmental Protection Act (Act) by the
Illinois Environmental Protection Agency (Agency). A copy of
that Administrative Citation is attached hereto. Service of the
Administrative Citation was made upon Joseph Thomas on November
25, 1986. The Agency alleges that Joseph Thomas has violated
Sections 2l(p)(2) and 21(p)(3) of the Act. The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4) of the Act.
Joseph Thowas has not filed a Petition for Review with the
Clerk of the Poard within 35 days of the date of service as
allowed by Section 31.1(d)(2) of the Act. Therefore, pursuant to
Section 31.1(d) (1), the Board finds that Joseph Thomas has
violated each and every provision alleged in the Administrative
Citation. Since there are two (2) such violations, the total
penalty to be imposed is set at $1,000.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order Joseph Thomas
shall, by certified check or money order payable to the State of
Illinois and designated for deposit into the Environmental
Protection Trust Fund, pay a penalty in the amount of $1,000.00
which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
IT IS SO ORDERED.
74-456
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I, Dorothy M. Cunn, Clerk of the Illinois Pollution Control
Board, hereby certify that4he above Order was adopted on
the
_______________
day of
_____________,
1987 by a vote
of
___________________.
/
/7
:~/~
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Dorothy M. Guiin, Clerk
Illinois Pollution Control Board
74-457
s v - .
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ILLINOiS
ENVIRONMENTAL PROTECTION
AGENCY
M!
ADMINISTRATIVE CITATION
iN THE MATTER OF:
)
JOSEPH THOMAS, d/b/a
)
,Q~dZ~.-J
Thomas 12th Street Disposal
IEPA DOCKET NO. 8146-AC
Respondent.
JURISDICTION
This Adroinistrative Citation is issued pursuant to the authority
vested jr the Illinois Environmental Protection Agency by Public Act
84-1320 (Ill. Rev. Stat. 1986, Supp., ch. 111 1/2, par. 1031.1).
FACTS
1. That Respondent is the present operator of a facility located
in the County of Vermilion, State of Illinois.
2. That said facility is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1974-44-OP, and designated with Site Code No. 1838040009. Said facility
is commonly known to the Agency as Thomas 12th Street Sanitary Landfill.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That, on October 2, 1986, William E. Zierath of the Illinois
Environmental Protection Agency inspected the above-described landfill
facility. A copy of the inspection report setting forth the results of
such inspection is attached hereto and made a part hereof.
VIOLATIONS
On the basis of direct observation of William E. Zierath, the
Illinois Environmental Protection Agency has determined that Respondent
74-458
was conducting a sanitary landfill operation at the above-described
facility, which is required to have a permit pursuant to Ill. Rev. Stat.
1985, ch. 111 1/2, par. 1021(d), in a manner which resulted in the
following conditions:
A. On October 2, 1986, operated said sanitary landfill facility
in a manner which resulted in leachate flow entering waters of the
State, in violation of Ill. Rev. Stat. 1986 Supp., ch. ill 1/2, par.
1021 (p)(2).
B. On October 2, 1986, operated said sanitary landfill facility
in a manner whicr~ resulted in leachate flows exiting the permitted landfill
confines, in violation of Ill. Rev. Stat. 1986 Supp., ch. ill 1/2, par.
1021 (p)(3).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.
111 1/2, par. 1042(b)(4), Respondent herein is subject to a civil penalty
of Five Hundred Dollars ($500.00) for each violation specified above in
Paragraphs A and B, for a total of One Thousand Dollars ($1,000.00).
Additionally, should you elect to petition the Illinois Pollution Control
Board under the review process described hereinbelow, and if there is a
finding of the violations alleged herein after an adjudicatory hearing,
you shall be assessed the associated hearing costs incurred by the
Illinois Environmental Protection Agency and the Illinois Pollution
Control Board, in addition to the Five Hundred Dollar ($500.00) statuto
penalty for each finding of violation.
—2-
74-459
If you acknowledge the violations cited hereinabove, or if you do
not petition the Illinois Pollution Control Board for review of this
Administrative Citation within thirty-five (35) days of service hereto,
the civil penalty specified hereinabove shall be due and payable no
later than January 7, 1987. Your check should be made payable to the
Illinois Environmental Protection Trust Fund and mailed to the attention
of Fiscal Services, Illinois Environmental Protection Agency, 2200
Churchill Road, P. 0. Box 19276, Springfield, Illinois 62794—9276. Also,
please complete and return the enclosed Remittance Form, along with your
payment, to assure proper documentation of payment. If you elect to
contest this Administrative Citation, any judgment rendered against you
shall specify the due date of the statutory civil penalty and costs
assessed against you.
If any civil penalty, by reason of acknowledgment, default or
finding after adjudicatory hearing, is not paid when due; then the
Offices of the Illinois Attorney General shall be requested to initiate
proceedings in Circuit Court to collect said civil penalty. In addition
to the previously assessed civil penalty and hearing costs of the
Illinois Environmental Protection Agency and the Illinois Pollution
Control Board, if any; the Attorney General’s Office will seek to
recover their costs of litigation.
PR0CEDUP~FOR CONTESTING THIS
AD~1NiSTRAT1VECITATION
You have the right to contest this Administrative Citation. See
Public Act 84-1320 (ill. Rev. Stat. 1986 Supp., ch. 111 1/2, par.
1031.1). if
you
elect to contest this Administrative Citation, you must
74-460
file a Petition for Review with the Clerk of the Illinois Pollution
Control Board. A copy of the Petition for Review should be filed with the
Illinois Environmental Protection Agency. Such Petition for Review must
be filed within thirty-five (35) days of the date of service of this
Administrative Citation, or a default judgment shall be entered by the
Pollution Control Board. The Petition for Review may be filed with the
Clerk of the Illinois Pollution Control Board at the State of Illinois
Center, 100 West Randolph Street, Suite 11—500, Chicago, Illinois 60601;
and, a copy of said Petition for Review filed with the Illinois Environ-
mental Protection Agency at 2200 Churchill Road, P. 0. Box 19276,
Springfield, Illinois 62794-9276, Attention: Enforcement Services.
Richard J. Car son, Director
Illinois Envi~.ii”mental Protection Agenc
Date:
//~,2~’~-~
74.461
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
IN THE MATTER OF:
)
JOSEPH THOMAS, d/b/a Thomas
)
12th Street Disposal,
IEPA DOCKET NO. 8146-AC
Respondent.
)
FACILITY: Thomas 12th Street Landfill SITE CODE NO: 1838040009
COUNTY: VERMILION
CIVIL PENALTY: $1 ,000.OD
DATE OF INSPECTION: October 2, 1986
DATE REMITTED: __________________________
SIGNATURE: ___________________________
NOTE
Please enter the date of your remittance and sign this Remittance Form.
Be sure your check is enclosed and mail, along with Remittance Form,
to Illinois Environmental Protection Acency, Attention: Fiscal Services,
2200 Churchill Road, P. 0. Box 19276, Springfield, Illinois 62794-9276.
74-462
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ILLINOIS ENVIRON1~ENTAL PROTECTION AGENCY
AFFIDAVIT
i
P~ThrT~
IN THE MATTER OF:
)
Io~
(‘-4’
)
IEPA DOCKET NO. 8146-AC
JOSEPH THOMAS, d/b/a
)
Thomas 12th Street Disposal)
Respondent.
)
Affiant, William Zierath, being first duly sworn, voluntarily deposes
and states as follows:
1. Affiant is a field inspector employed by the Land Pollution
Control Division of the Illinois Environmental Protection Agency~and
has been so employed at all times pertinent hereto.
2. On October 2, 1936, between 11:50 a.m. and 2:50 p.m., Affiant
conducted an inspection of the sanitary landfill in Vermilion County,
Illinois, know~ as Thomas 12th Street Landfill, Illinois Environmental
Protection Agency Site No. 1838040009, operating under IEPA Permit No.
1974—44-OP.
3. Affiant inspected said Thomas 12th Street Landfill site by an
on-site inspection which included walking the site and interviewing
personnel.
4. Before and after said inspection of said landfill site, Affiant
reviewed Illinois Environmental Protection Agency permits issued to the
subject site and investigated into whether or not required documents
were timely filed on behalf of the subject site.
5. As a result of the activities referred to in Paragraphs 3 and
4 above, Affiant completed the Inspection Report form attached hereto
74-463
and made a part here0f~
to ~the bestof ~ff~antof ~ffjaflt’~5 ~ rvati0flS
kno~(~1edge
and5ite.and
be1ief~
is an
aCCU~tet~irepresrespectenta to ThOmaS 12th street
factual conClu5b0~v~
ore me
d and S
Subscr1~day~
1986.
this
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