ILLINOIS POLLUTION CONTRCL BOARE
January 8, 1987
IN THE MATTER OF:
EVERETT ALLEN, d/b/a ALLEN
)
AC 86—6
WASTE MANAGEMENT
)
(IEPA Docket No. 8143—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 cf the Illinois Environmental Protection Act (Act) by the
Illinois Environittental Protection Agency (Agency). A copy of
that Administrative Citation is attached hereto. Service of the
Administrative Citation was made upon Everett Allen November 26,
1986.
The Agency alleges that Everett Allen has violated Section
21(p) (11) of the Act. The statutory penalty established for this
violation is $500.00 pursuant to Section 42(b)(4) of the Act.
Everett Allen has not filed a Petition for Review with the
Clerk of the Board within 35 days of the date of service as
allowed by Section 31.1(d) (2) of the Act. Therefore, pursuant to
Section 31l(d)(l), the Board finds that Everett Allen has
violated the provision alleged in the Administrative Citation.
Since there is one (1) such violation, the total penalty to be
imposed is set at $500.00.
It is hereby ordered that, unless the penalty has already
been paid,
within 30 days of the date of this Order Everett Allen
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 $500.00
which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT IS
SO ORDERED.
74-483
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, her~ebycertify that t e above Order was adopted on
the
________________
day of
______________,
1987 by a vote
of
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2 .27~ ~
Dorothy N. Gw’~n, Clerk’
Illinois Pollution Control Board
74-484
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
I 1985
ADMINISTRATIVE
CITATION
IN THE MATTER OF:
)
EVERETT ALLEN, d/b/a Allen )
Waste Management,
IEPA DOCKET NO. 8143-AC
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority
vested in the Illinois Environmental Protection Agency
by
Public Act
84-1320 (111. Rev. Stat.
1986,
Supp., ch. 111 1/2, par. 1031.1).
FACT S
1. That Respondent is the present operator of a facility located
in the County of Jackson, State of Illinois.
2. That said facility is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1976-44-OF, and designated with Site Code No. 0700200002. Said facility
is commonly known to the Agency as DeSoto/Alleri Landfill No. 2.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That, on October 1, 1986, Gerald E. Steele 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.
V iO~ATIONS
On the basis of direct observation of Gerald E. Steele, the Illinois
Environmental
Protection Aaency has determined that Respondent was
74-485
conducting a sanitary landfill operation at the above-described facility,
which is required to have a permit pursuant to 111. Rev. Stat. 1985, ch.
ill 1/2, par. 1021(d), in a manner which resulted in the following
conditions:
A. On October 1, 1986, operated said landfill facility while having
failed to prepare a Closure Plan, as required by supplemental permit and
by
35 Ill. Adm. Code, Section 807.503, and having failed to prepare a
Post-Closure Care Plan as required by supplemental permit and by 35 Ill.
Adrn.
Code, Section 807.523, all in violation of Ill. Rev. Stat. 1986,
Supp., ch. 111 1/2, par. l021(p)(ll).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (ill. Rev. Stat. 1986 Supp., ch.
111 1/2, par. 1O42(b)(4), Respondent herein is subject to a civil penalty
of Five Hundred Dollars ($500.00) for the violation specified above
in
Paragraph A. 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 violation alleged herein after an adjudicator
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) statutory
penalty for a finding of violation.
If you acknowledge the violatior 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, the civil
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74-486
penalty specified hereinabove shall be due and payable by 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 Envir’onmental Protection Agency and the Illinois Pollution
Control Board, if any; the Attorney General’s Office will seek to
recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATiON
You have the right to contest this Administrative Citation. See
Public Act 84-1320 (111. Rev. Stat. 1986, Supp., ch. 111 1/2, par.
1031.1). If you elect to contest this Administrative Citation, you must
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 peition for Review must
be filed witriin thirty—five (35) days of the date of service of this
Administrative Citation, or a default judgment shall be entered by the
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74-487
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.
(J
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Richard
3.
Carlson, Director~~~~
Illinois Environmental Prote~ctionAgency
Date: November 25, 1936
74-488
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
IN THE MATTER OF:
EVERETT ALLEN, d/b/a Allen)
Waste Management,
IEPA DOCKET NO. 8143—AC
Respondent.
)
FACILITY: DeSoto/Allen Landfill No. 2
SITE CODE NO: 0700200002
COUNTY: Jackson
CIVIL PENALTY: $500.00
DATE OF INSPECTION: October 1
,
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 Agency, Attention: Fiscal Services,
2200 Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276.
74-489
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
EVERETT ALLEN, d/b/a Allen
IEPA DOCKET NO. 8143-AC
Waste Management,
)
Respondent.
)
Affiant, Gary Steele, 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 1, 1986, between 8:05 a.m. and 10:20 a.m., Affiant
conducted an inspection of the sanitary landfill in Jackson County, Illinois,
known as DeSoto/Allen No. 2, Illinois Environmental Protection Agency Site
No. 0700200002, operating under IEPA Permit
No.
l976=44=OP. Along with
inspecting the subject sanitary landfill, Affiant also inspected the
sanitary landfill known as DeSoto/Allen No. 1, which is not further
referred to in this Affidavit.
3. Affiant inspected said DeSoto/Allen No. 2 site by an on-site
inspection which included walking the site and interviewing personnel.
4. Before and after said inspection of DeSoto/Allen No. 2, 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.
74-490
5. As a result of the activities referred to in Paragraphs 3 and
4 above, Affiant completed the Inspection Report form attached hereto
and made a part hereof, which, to the best of Affiant’s knowledge and
belief, is an accurate representation of Affiant’s observations and factual
conclusions with respect to DeSoto/Allen No. 2.
Subscribed and Sworn To before me
this /o~~,dayof
7~
~
1986.
Notary Public
‘I,
74-491