ILLINOIS POLLUTION CONTROL BOARD
January
8,
1987
IN THE MATTER CF:
NOBEL PISLEY, d/b/a BENTON/
)
AC 86—8
RISLEY NC.
2
)
(IEPA Docket No.
8150—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 Nobel
Risley on November
28, 1986.
The Agency alleges that Nobel Risley has violated
Sections 21(p)(5),
2l(p)(1), 21(p)(9),
and 2l(p)(1l) of the
Act.
The statutory penalty established
for each of these
violations is $500.00 pursuant to
Section
42(h)(4) of the
Act.
Nobel Risley 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.l(d)(2)
of the Act.
Therefore, pursuant
to
Section
3l.l(d)(l),
the Board
finds that Nobel Risley has
violated
each ,and every provision alleged
in
the Administrative
Citation.
Since
there
are
four
(4)
such
violations,
the
total
penalty to
be imposed
is set
at $2,000.00.
It
is hereby ordered that,
unless
the penalty has already
been paid, within
30 days of
the date
of this Order
Nobel Pisley
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
$2,000.00
which
is
to
be sent to:
Illinois
Environmental
Protection
Agency
Fiscal
Services
Division
2200
Churchill
Road
Springfield,
IL
62706
IT
IS
SO
ORDERED.
74-492
—2—
I,
Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board,
here,~ycertify
that
he
above
Order
was
adopted
on
the
_______________
day of
—~
,
1987
by a vote
of
—
.
,1
~
~/7.
“torothy
H.
Gur~n, Clerk
Illinois Pollution Control Board
74-493
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ILLINOIS ENViRONMENTAL PROTECTION AGENC
DEC
a
1985Jj1
AD~INISTftATIVECITATION
TATE
OF
Iw~s
L
UThOHCO~~t
8OAPD
IN
THE MATTER OF:
)
NOBEL RISLEY, d/b/a
)
Benton/Risley No.
2,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to the authority
vested
in the Illinois Environmental
Protection Agency by
Public Act
84-1320
(Ill.
Rev.
Stat.
19b6, Supp.,
ch.
111
1/2,
par. 1031.1).
FACTS
1.
That Respondent, an individual,
is
the present operator of
a
facility located
in the County of Franklin, State of Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit
No.
1980-21-OP and designated
as
Site Code No. 05580200JE.
Said facility
is commonly known
to the Agency
as Benton/Risley
No.
2.
3.
That Respondent
has operated said facility at all
times pertinent
hereto.
4.
That,
on October
10, 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.
VI0LATIO~~S
On the basis
of direct c~servationof Gerald
E.
Steele,
the Illinois
Environmenta~Protection A~erc”has determined
that Respondent was
74-494
conducting
a sanitary landfill
operation at the above-described facility,
which
is required to have a
permit pursuant to
Ill.
Rev.
Stat.
1985,
ch.
lii
1/2, par.
1021(d), in a manner which resulted
in the following
conditions:
A.
On October 10, 1986, operated said landfill facility while un-
covered refuse remained from
a previous operating day in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2, par. 102l(p)(5).
B.
On October 10, 1986, operated said landfill facility with refuse
in standing water,
in violation of Ill.
Rev. Stat.
1986 Supp.,
ch.
ill
1/2,
par. 102l(p)(l).
C.
On October 10,
1986, operated said landfill
facility while having
previously deposited refuse
in an unpermitted
portion of said sanitary
landfill,
in violation of
ill.
Rev. Stat.
1986 Supp., ch. 111
1/2, par.
102l(p)(9).
0.
On October 10,
1986, operated said landfill
facility while having
failed
to
submit a report required
by Special
Condition No.
1
of Operating
Permit
No.
l980-2l-OP,
in violation of Ill.
Rev. Stat.
1986 Supp.,
ch.
ill
1/2,
par.
102l(p)(ll).
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 through
0,
for a total
of Two Thousand Dollars
($2,000.00).
Additionally, should you elect to petition the Illinois Pollution Control
Board under the revie.~~process described hereinbelow, and if there
is
a
—2-
74-495
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) statutory
penalty for each finding of violation.
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, the civil
penalty specified hereinabove shall
be due and payable
no later than
January 16, 1987.
Your check should be made payable
to
the Illinois Environn
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 re-
turn 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 penalt~,by
reason of acknowledgement,
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
litication.
-
74.496
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATiON
You have the right
to contest this Administrative Citation.
See
Public Act 84-1320 (Ill.
Rev. Stat.
1986 Supp., ch.
ill
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 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.O. Box 19276,
Springfield, Illinois 62794-9276,
Attention:
Enforcement Services.
~
~
Richard
J.
Carlson, Director~~//~~
Illinois Environmental
Protec’tion
Agenc
Date:
November 26, 1986
74-497
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
REMITTANCE FORM
IN THE MATTER OF:
)
)
NOBEL RISLEY, d/b/a
)
Benton/Risley
No.
2,
)
IEPA DOCKET NO. 8150-AC
)
Respondent.
)
FACILITY:
Benton/Risley
No.
2
SITE CODE NO:
0558020005
COUNTY:
Franklin
CIVIL PENALTY:
$2,000.00
DATE OF INSPECTiON:
October 10, 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.
74-498
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN
THE MATTER OF:
)
B
b
IEPA DOCKET NO. 8150-AC
)
Respondent.
)
Affiant, Gerald 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 10, 1985,
between 8:10 a.m. and 9:30 a.m., Affiant
conducted an inspection of the sanitary landfill
in
Franklin County,
Illinois, known as Benton/Risley
No.
2,
Illinois Environmental
Protection
Agency Site
No. 0558020005, operating under IEPA P?rmit
No.
1980-21-OP.
3.
Affiant inspected said Benton/Risley No.
2 site by an on—site
inspection which included walking the site and interviewing personnel.
4.
Before and after said inspection of said site, Affiant re-
viewed
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
and made
a
part hereof, which,
to the best of Affiant’s knowledge and
74-499
belief,
is an accurate representation
of Affiartt’s observations and
factual conclusions with respect to Benton/Risley No.
2.
(-~
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Subscribed and Sworn To before me
this ~41~,.day
~
1986.
Notary Public
\\\
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/
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74-500