ILLINOIS POLLUTION CONTROL BOARD

September

17,

1987

IN THE MATTER OF:

CENTRAL ILLINOIS DISPOSAL

)

 AC 87—81

COMPANY

)

 (IEPA Docket No. 8526—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

 the Board upon an August

7,

1987

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 Central

 Illinois Disposal

Company on August

6,

 1987.

 The Agency alleges

 that Central

Illinois Disposal Company has violated Sections 2l(p)(l)

and

2l(p)(5)

of

 the Act.

 The statutory penalty established for each

of

 these violations

 is $500.00 pursuant to Section 42(b)(4)

of

the Act.

Central Illinois Disposal Company 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

 3l.1(d)(2)

 of the Act.

Therefore, pursuant

 to Section 31.l(d)(1),

 the Board finds that

 Central

 Illinois Disposal Company 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 Central

Illinois Disposal Company 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.

81—333

—2—

I, Dorothy M. Gunn,

 Clerk of

 the Illinois Pollution Control

Boar

 hereby certify’ that the above Order was adopted on the

~day

of

~

 1987 by a vote of

~

~

Dorothy M. ~unn,

 Clerk

Illinois Pollution Control Board

81—334

IIMI

~su.7me7

ILL I NOl S

ENV

I RON?4ENTAL

PROTECT I ON

AGENC

________________

OF

~LL1t~

ADMINSTRATIVE

CITATION

~UU~ONCONT

I~’TH~

M~R

DF~

)

CENTRAL ILLINOIS DISPOSAL

CO.

)

 IEPA DOCKET NO. 8526-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.

 111½,

 par.

 1031.1).

FACTS

1.

 That Respondent,

 Central

 Illinois Disposal

 Co.,

is

 the pre-

sent owner and operator of

 a facility located

 in the County of Woodford,

State of

 Illinois.

2.

 That said facility is operated as

 a sanitary landfill, operatinc

under

 Illinois Environmental

 Protection Agency Operating Permit No.

1975—76, and designated with Site Code No.

 2038080002.

 Said facility

is commonly known

 to the Agency as t4inonk/Woodford—Marshall County

Sanitary Landfill.

3.

 That Respondent has operated said facility at all times pertiner

hereto.

4.

 That on June

16,

 1987, John Tripses,

 of the Illinois Erivironmeni

Protection Agency,

 inspected the above—described landfill

 facility.

A copy of the inspection report setting forth the results of such inspecti

is

 attached hereto and made

 a part hereof.

81—3 35

V1OLATIO~S

On

the

basis

 direct observation

John

Tripses,

the

Illinois

Environmental

 P’~otectionA~encyhas 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. lii~,

par.

 1021(d),

in

 a manner which

 resulted

in

 the following

conditions:

A.

 On June 16,

 1987,

 refuse was observed

 in standing or Flowing

water

 at such landfill,

 in violation of Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

lll~,

par.

lO2l(p)(i).

B.

 On June 16,

 1987,

refuse

remained

uncovered

from

operating day at

 such landfill,

 in violation of Ill.

 Rev.

 Stat.

1986

Supp.,

ch.

 111½, par.

 lO2l(p)(5).

CIVIL PENALTY

Pursuant to Public Act 84—1320

 (Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

111½,

 par. l042(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 (S1000.OO) Dollars.

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 Pollutior

Control

 Board,

 in addition

 to the Five Hundred Dollar ($500.00) statutory

penalty for each finding of violation.

2

81—336

If

you

~c:~nuwledce

tne

violations

cited

hereinabove,

the

civil

penalty s’ecifi~dabove

 shall

 be due

and

payable

later

than

SeDtember

12,

 1987.

iF

you

 do not petition the

 Illinois Pollution Contrcl

 Board

for review

 of this Administrative Citation within thirty-five

 (35)

days of service hereof

or

 if you elect

 to contest this Administrative

Citation, any ~udc~entrenderec 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.

 Furthermc~-e,

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’s Office will seek to recover their costs of litigation.

3

81—337

PRUCDUPi

F0P~CONTESTING

THIS

ADMINISTRATIVE CITATION

You

have

the

right

contest

this

Administrative

Citation.

See

Public

Act

8~—l32O(Ill.

Rev.

Stat.

1986

Supp.,

ch.

111½,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.

copy

the

Petition

for

Review

should

filed

with

the

I~linois

 Environmental

 Protection Agency.

 Such Petition for

Review

must be filed within thirty-five

(35)

days

the

date

service

this

Administrative

Citation,

default

judgment

shall

 entered

the

Pollution

Control

Board.

The

Petition

for

Review

may

filed

with the Clerk of the Illinois Pollution Control

 Board

at

 the State

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.

/!~~

,

/1

/~/L-/~.-(~

Richard

J.

 Carlson, Director

Illinois Environmental

 Protection

 Agenc,

Date:

 August

4,

1987

4

81—338