ILLINOIS POLLUTION CONTROL BOARD

April 30,

1987

IN THE MATTER OF:

JACKSON COUNTY LANDFILL

)

 AC 87-24

(IEPA Docket No. 8297—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon

 a March 20,

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 Jackson County Landfill

on March

 19, 1987.

 The Agency alleges that the Jackson County

Landfill has violated Sections 21(p)(5)

 and 21(p)(12)

 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 Jackson 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 3l.l(d)(2)

 of the Act.

 Therefore,

pursuant to Section 31.1(d)(1),

 the Board finds that the Jackson

County Landfill’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 the Jackson

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 $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.

77-309

—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

BoarQ,~hereby certify that the above Order was adopted on the

~

 day of

 1987 by a vote of

)i)

Dorothy M. G~nn,Clerk

Illinois Pollution Control Board

77-310

;~~©

W~R

198T

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENC4I~L$IATEOF

IWN0~S

p~g~

cONThOL~

ADMINISTRATIVE

 CITATION

THE

MATTER

OF:

)

 JACKSON COUNTY

 LANDFILL,

 INC.

)

 IEPA DOCKET NO. 8297—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 (111.

 Rev.

 Stat.

 1986,

 Supp.,

ch.

 111½,

 par.

 1031.1).

FACTS

1.

 That Respondent, Jackson County Landfill,

 Inc.,

 is the present

operator of

a

 facility located

 in the County of

 Marion, State of Illinois.

2.

 That said facility is operated

as

 a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit No.

1984-3-OP,

 and designated with Site Code No.

 1214220003.

 Said facility

is commonly known

 to the Agency

 as Centralia/Industrial

 Services.

3.

 That Respondent has operated said facility at all

 times pertinent

hereto.

4.

 That on January 23,

 1987,

 Gerald

E.

 Steele, 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.

77-311

VIOLATIONS

On the basis of direct observation

 of Gerald

E.

 Steele,

 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

23,

 1987 operated said landfill facility with

uncovered refuse remaining from

 a previous operating day,

 in violation

of Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

 111½,

 par.

 102l(p)(5).

B.

 On January 23,

 1987 operated said landfill facility while

having failed to collect and contain litter from the site by the end

of a previous operating day,

 in violation of Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

 111½,

 par.

 1021(p)(12).

CIVIL PENALTY

Pursuant

 to Public Act 84-1320 (Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

111½,

 par.

 1042(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 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 Pollution

2

77-312

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

30,

 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

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

77-313

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, 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.

Richard

J.

 Carlson, Director

Illinois Environmental Protection Agency

Date:

 March

17,

1987

4

77-314