ILLINOIS POLLUTION CONTROL BOARD
April
30, 1987
IN THE MATTER OF:
)
COUNTY OF WHITE and
)
AC 87—22
PAULA DOZICR
)
(IEPA Docket No. 8290—AC)
Respondents.
ORDER OF THE BOARD:
This matter comes before
the Board upon a March 18,
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 the County of White on
March
16,
1987.
The Agency alleges that the County of White has
violated Sections 2l(p)(5), 2l(p)(12) 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.
The County
of White
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 31.l(d)(l),
the Board finds that the County of White 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 paid, within
30 days of the date of this Order
the County
of
White
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.
77-297
—2—
I,
Dorothy
M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~CCL
day of
(~7A~C~
,
1987 by a vote of
~C’
/1~~4~y
)7)•
Dorothy M.
G(inn, Clerk
Illinois Pollution Control Board
77-298
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MAR
1
81987
ADMINISTRATIVE CITATION
___POLLUTIOIv
COsTR~~.
BOARD
IN THE MATTER OF:
)
COUNTY OF WHITE
in the
~c
17~~
State of Illinois and
)
IEPA DOCKET NO. 8290-AC
PAULA DOZIER as
County Clerk
County of White,
State of Illinois,
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. 1031.1).
FACTS
1.
That Respondent, County of White
in
the State of Illinois,
is the present operator of a facility located
in the County of White,
State of
Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1976-25-OP,
and designated with Site Code No.
1938010002.
Said facility
is commonly known
to the Agency as Carmi/White
Co.
L.F.
3.
That Respondent has operated said facility at all times pertinent
hereto.
4.
That on January
22,
1987,
Thomas Edmondson, 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.
77.299
VIOLATIONS
On the basis of direct observation of Thomas Edmondson,
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 January 22,
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.
l021(p)(5).
B.
On January 22,
1987 oper~edsaid sanitary landfill facility
while having failed to collect and contain litter from said facility
by the end of
a previous operating day,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(l2).
C.
On January 22, 1987 operated said sanitary landfill
facility
while having deposited refuse
in an unpermitted portion of said landfill
facility,
in violation of Ill.
Rev. Stat.
1986 Supp.,
ch.
111½,
par.
1021(p) (9).
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 through C, for
a total
of Fifteen Hundred
($1,500.00)
Dollars.
Additionally, should you elect
to petition the Illinois Pollu-
2
77.300
tion 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 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, the civil
penalty specified above shall
be due and payable no later than April
27,
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 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, 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
3
77-301
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.
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, Suit~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~d
Richard J.
Carjson, Director
Illinois Environmental
Protection Agency
DATED:
March
13,
1987
4
77-302