ILLINOIS POLLUTION CONTROL BOARD
    January
    7, 1988
    IN THE MATTER OF:
    )
    MULTI COUNTY LANDFILL,
    INC.
    )
    AC 87-112
    )
    (IEPA Docket No. 8689—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a November
    20, 1987
    filing of an Administrative Citation pursuant to Section 311
    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 Multi County Landfill on
    November
    19,
    1987.
    The Agency alleges
    that Multi County Landfill
    has violated Section 2l(p)(5) of the Act.
    The statutory penalty
    established for this violation
    is $500.00 pursuant
    to Section
    42(b)(4)
    of the Act.
    Multi County Landfill 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 3l.1(d)(l),
    the Board
    finds that Multi County Landfill
    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 Multi County
    Landfill 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.
    85—63

    —2—
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    hereby
    certify
    that
    he
    above
    Order
    was
    adopted
    on
    the
    7T1.
    day
    of
    _____________,
    1988
    by
    a
    vote
    of
    ________________.
    Dorothy
    M.
    unn,
    Clerk
    Illinois Pollution Control Board
    85—64

    ILLINOIS ENVIRONMENTAL PROTECTION
    ~N~2O~8T
    ADMINISTRATIVE CITATION
    STATE Of IWNOtS
    ~
    POUUT1ON
    CONTROL B0~RO
    IN THE
    MATTER
    OF:
    )
    ,a~
    g~’—,,~_
    MULTI
    CO.
    LANDFILL,
    INC.
    )
    IEPA DOCKET NO. 8689-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.
    111½,
    par. 103L1).
    FACTS
    1.
    That Respondent, Multi
    Co. Landfill,
    Inc.,
    is the present
    operator of
    a facility located
    in the County of Douglas, State of
    Illinois.
    2.
    That said facility is operated
    as
    a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No.
    1975-Ol8—OP, and designated with Site Code No. 0418030001.
    Said facility
    is commonly known
    to the Agency as Villa
    Grove/Multi
    Co.
    Landfill.
    3.
    That Respondent has operated said facility at all
    times pertinent
    hereto.
    4.
    That on September 21,
    1987,
    S. Dale Eleriberger, 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.
    85—65

    VIOLATIONS
    On the basis of direct observation of
    S.
    Dale Elenberger,
    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.
    111½,
    par.
    1021(d),
    in
    a manner which resulted
    in the
    following conditions:
    A.
    On September 21,
    1987 operated said sanitary landfill facility
    with uncovered refuse remaining from
    a previous operating day,
    in viola-
    tion of
    Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111½, par.
    lO2l(p)(5).
    CIVIL PENALTY
    Pursuant to
    Public Act 84—1320 (Ill.
    ~ev.Stat.
    1986 Supp.,
    ch.
    111½,
    par.
    1042(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
    yoi. 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
    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
    a finding of violation.
    If you acknowledge the violation cited hereinabove,
    the civil
    penalty specified above shall
    be due and payable no later than December
    31,
    1987.
    If you do not petition
    the
    Illinois Pollution Control
    Board
    for review of this Administrative Citation within thirty-five
    (35)
    2
    85—66

    days of service hereof or if you elect
    to contest this Administrative
    Citation, any judgment rendered against you
    shall
    specify the due date
    of the statutory civil
    penalty and any costs assessed against you.
    When payment
    is made, 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.O.
    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 any civil
    penalty,
    be reason of acknowledgment, default or
    finding after adjudicatory hearing, is not paid when due;
    the Illinois
    Environmental Protection Agency shall
    take into consideration such
    failure
    to pay during any permit review process upon your application
    for
    a new permit or for renewal of an existing permit.
    Furthermore,
    if payment
    is not received when due,
    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~sOffice will seek to recover their costs of litigation.
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation.
    ~
    Public Act 84—1320 (Ill.
    Rev.
    Stat.
    1986 Supp.
    ,
    ch.
    111½,
    par.
    1031.1).
    If you elect
    to contest this Administrative Citation, you must file
    3
    85—67

    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 filedwithin 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, Suite 11-500, Chicago, Illinois
    60601;
    and,
    a copy of said Petition for Review filed with the Illinois
    Environmental Protection Agency at 2200 Churchill
    Road, P.O.
    Box 19276,
    Springfield,
    Illinois
    62794-9276, Attention:
    Enforcement Services.
    ~
    Rfchard
    J. Carlso/,jOirector
    /
    ~—‘
    Illinois Environ~.ii’tal Protection Agency
    Date:
    November
    18,
    1987
    4
    85—68

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