ILLINOIS POLLUTION CONTRCL BOARD

January

22,

1987

IN THE MATTER OF:

FITZ-MAR LANDFILL,

 INC.

)

 AC 86-11

(IEPA Docket

 No. 8173—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

 the Board upon a(n) December

4,

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 Fitz—Mar Landfill,

 Inc.

on

December

3,

 1986.

 The Agency alleges that Fitz—Mar Landfill,

Inc.

 has violated Sections

 2l(p)(5), 2l(p)(1), and 21(p)(9)

of

the Act.

 The statutory penalty established for each

 of these

violations

 is $500.00 pursuant

 to Section 42(b)(4)

 of the Act.

Fitz—Mar

 Landfill, Inc.

 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 Fitz—Mar Landfill,

 Inc. has violated each and every provision

 alleged

 in the

Administrative Citation.

 Since

 there are three

(3)

 such

violations,

 the total penalty to

be

 imposed

 is set

at

$1,500.00.

It

 is hereby ordered

 that, unless

 the penalty has already

been ~aid, within

 30 days of the date of this Order Fitz—Mar

Landfill,

 Inc.

 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 $1,500.00 which

 is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

 IL 62706

IT

 IS SO ORDERED.

75-87

—2—

I,

 Dorothy

M.

 Gunn,

 Clerk of

the

 Illinois Pollution

 Control

Board, hereby certify that

the

 above Order was adopted on

the

-~--~-

 day of

1987

 by a vote

of

_____________.

Dorothy

N.

 G~inn,Clerk

Illinois Pollution Control Board

75.88

ILLINOIS ENVIRONMENTAL PROTECTION AGEN(

ADMINISTRATIVE

 CITATION

 ~~I~~SOARO

IN THE MATTER OF:

)

FITZ-MAR LANDFILL, INC.,

 IEPA DOCKET NO. 8173-AC

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.

 1986 Supp., ch. 111

 1/2, par.

 1031.1).

FACTS

1.

 That Respondent, an Illinois corporation,

 is the present operator

of

 a facility located

 in the County of Cook,

 State of Illinois.

2.

 That said facility is operated

as

 a sanitary landfill, operating

under

 Illinois Environmental Protection Agency Operating Permit No.

1981-47~-OP, and designated with Site Code No. 0310450011.

 Said facility

is

 commonly known

 to the Agency

 as Fitz—Mar Landfill.

3.

 That Respondent has operated said facility at all

 times pertinent

hereto.

4.

 That,

 on October 6,

 1986,

 Gino Bruni 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.

75.89

VIOLATIONS

On the basis of direct observation of Gino Bruni,

 the Illinois

Environmental

 Protection Agency has determined that Respondent 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 6, 1986, operated said landfill facility while

uncovered refuse remained from

 a previous operating day in violation of

Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

ill

 1/2, par. lO2l(p)(5).

B.

 On October 6,

 1986, operated said landfill facility while having

refuse

 in standing water,

 in violation of

 Ill.

 Rev. Stat.

 1986 Supp.,

ch.

ill

 1/2,

 par. 1021(p)(l).

C.

 On October 6, 1986, operated said landfill

 facility while

having previously deposited refuse in

 an unpermitted portion of the

landfill,

 in violation of

 Ill.

 Rev. Stat. 1986 Supp.,

ch.

111

 1/2, par.

1021 (p)(9).

CIVIL PENALTY

Pursuant to

 Public Act 84-1320 (Ill.

 Rev.

 Stat.

1986

 Supp.

ch.

111

 1/2, par. lO42(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

C,

 for a total

 of Fifteen Hundred Dollars ($1,500.00).

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

-2-

75-90

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 arid payable no later than

January 22, 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.

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.

111

 1/2,

 par.

-3-

75.9’

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.

 0. Box 19276,

Springfield, Illinois 62794-9276, Attention:

 Enforcement Services.

Date:

Illinois

 Envi

 Protection Agency

75-92