ILLINOIS POLLUTION CONTROL BOARD
June
25, 1987
IN THE MATTER OF:
)
BROWNING—FERRIS INDUSTRIES
)
AC 87—44
(IEPA Case No.
8372—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a May
11,
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 Browning—Ferris Industries
on May 11, 1987.
The Agency alleges that Browning—Ferris
Industries has violated Sections 2l(p)(5)
and 21(p)(l) of the
Act.
The statutory penalty established for each of these
violations
is $500.00 pursuant
to Section 42(b)(4)
of the Act.
Browning—Ferris Industries 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 Browning—
Ferris Industries 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 Browning—
Ferris Industries 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
$1,000.00 which
is to be
sent to:
Illinois
Environmental
Protection
Agency
Fiscal
Services
Division
2200 Churchill Road
Springfield,
IL
62706
IT
IS SO ORDERED.
78-SOo
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board,
hereby
cer
ify
that
the
above
Order
was
adopted
on
the
‘~
day
of
,
,
1967
by
a
vote
of
~
~
~‘.
4-~
Dorothy
H.
GCinn, Clerk
Illinois
Pollution
Control
Board
78-501
MAY
I
I
1987
ILLINOIS ENVIRONMENTAL PROTECTION AGENC
Li
SAT
FILNJ
ADMINISTRATIVE
CITATION
PttUJfpN~NTRp~
~
IN
THE
MATTER
OF:
)
4
f7_c/~L
BROWNING
FERRIS
INDUSTRIES,
)
IEPA
DOCKET
NO.
8372-AC
an
Illinois corporation
)
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to the authority
vested
in the Illinois Environmental Protection Agency by
Public Act
84-1320 (Iii.
Rev.
Stat.
1986,
Supp.,
ch.
111½,
par.
1031.1).
FACTS
1.
That Respondent-is the present operator of a facility located
in the County of Lake,
State of Illinois.
2.
That said facility is operated
as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1980—24-OP, and designated with Site Code No. 0978020002.
Said facility
is commonly known to the Agency as BFI
#2.
3.
That Respondent has operated said facility at all times pertinent
hereto.
4.
That on March 19,
1987, Todd Marvel, of the Illinois Environmenta
Protection Agency, inspected the above-described landfill facility.
A copy of the inspection report setting forth the results of such inspectio:
is attached hereto and made a part hereof.
7$.502
VIOLATIONS
On the basis of direct observation of Todd Marvel, the Illinois
Environmental
Protection Agency has determined that Respondent was
conducting
a
sanitary landfill operation at the above-described facility,
which ~s 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 March 19,
1987, operated said landfill facility with un-
covered refuse remaining from a previous operating day, in violation
of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(5).
B.
On March 19,
1987, operated said sanitary landfill facility
with refuse
in standing water,
in violation of Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½, par. l021(p)(1).
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 ($1,000.00)
Dollars.
Additionally, should you elect to petjtion the Illinois Pollution Control
Board under the review process described hereinbelow, and if there
ts a finding of the violations alleged herein, after an adjudicatory
hearing, you shall
be assessed the associated~Iearingcosts 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.
2
78-503
If you acknowledge the violations cited hereinabove, the civil
penalty specified above shall
be
due and payable no later than June
18, 1987.
If you do not petition the Illinois Pollution Control 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 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 lg276, 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, by 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
Generals Office will seek to recover their costs of litigation.
3
78-504
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have the right to contest this Administrative Citation.
See
Public Act 84-1320
(Ifl.
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.
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, Sui~t~ll—5OO,
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.
Richard
J. Carlson, Director
~~~zS’
Illinois Environmental
Protection Agency
DATE:
May 6, 1987
4
78.505