ILLINOIS POLLUTION CONTROL BOARD

ORDER

November 5, 2008

COUNTY OF VERMILION, ILLINOIS

Complainant,

ILLINOIS LANDFILL, INC.,

Respondent.

)

AC 08-38

(Administrative Citation)

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On June 23, 2008, the County of Vermilion, Illinois (County) timely filed an

administrative citation against Illinois Landfill, Inc. (respondent).

See

415 ILCS 5/31.1(c)

(2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a

sanitary landfill located in Hoopeston, Vermilion County, designated with Site Code No.

1830450009, and operated under Illinois Environmental Protection Agency Operating Permit

No. 1996-301LF Mod 26. For the reasons below, the Board finds that respondent violated the

Environmental Protection Act (Act) (415 ILCS 5 (2006)) and orders respondent to pay $500 in

civil penalties.

Under the Act, an administrative citation is an expedited enforcement action brought

before the Board seeking civil penalties that are fixed by statute. Administrative citations may

be filed only by the Illinois Environmental Protection Agency (Agency) or, if the Agency has

delegated the authority, by a unit of local government, and only for limited types of alleged

violations at sanitary landfills or unpermitted open dumps.

See

415 ILCS 5/3.305, 3.445, 21(o),

(p), 31.1(c), 42(b)(4), (4-5) (2006); 35 Ill. Adm. Code 108.

In this case, the County alleges that respondent violated Section 21(o)(12) of the Act (415

ILCS 5/21(o)(12) (2006)) on April 21, 2008, by conducting a sanitary landfill operation in a

manner resulting in the failure to collect and contain litter from the site by the end of the

operating day. According to the administrative citation, respondent is the operator of the landfill.

The County asks the Board to impose a $500 civil penalty on respondent. As required, the

County served the administrative citation on respondent within “60 days after the date of the

observed violation.” 415 ILCS 5/31.1(b) (2006);

see also

35 Ill. Adm. Code 101.300(c),

108.202(b).

To contest an administrative citation, a respondent must file a petition with the Board no

later than 35 days after being served with the administrative citation. If the respondent fails to do

so, the Board must find that the respondent committed the violation alleged and impose the

corresponding civil penalty.

See

415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 101.300(b),

108.204(b), 108.406. Here, any petition for review was due by July 22, 2008. Respondent failed

to timely file a petition for review. Accordingly, the Board finds that respondent violated

Section 21(o)(12) of the Act.

The civil penalty for violating any provision of subsection (o) of Section 21 is $500 for

each violation.

See

415 ILCS 5/42(b)(4) (2006); 35 Ill. Adm. Code 108.500(a). Because there is

one violation of Section 21(o), the total civil penalty is $500. Under Section 31.1(d)(1) of the

Act, the Board attaches the administrative citation and makes it part of the order below.

This opinion constitutes the Board’s finding of fact and conclusions of law.

ORDER

The Board finds that respondent violated Section 21(o)(12) of the Environmental

Protection Act (415 ILCS 5/21(o)(12) (2006)).

Respondent must pay the total civil penalty amount of $500 no later than

December 5, 2008, which is the 30th day after the date of this order. Respondent

must pay the civil penalty by two separate certified checks, each in the amount of

$250, one made payable to the County of Vermilion, Illinois, and the other made

payable to the Illinois Environmental Protection Fund. Each certified check must

include the case number, case name, and respondent’s Federal Employer

Identification Number.

Respondent must send the $250 certified check payable to the County of

Vermilion, Illinois, along with the respective remittance form, to:

Vermilion County Health Department

200 South College Street

Danville, Illinois 61832

Respondent must send the $250 certified check payable to the Illinois

Environmental Protection Trust Fund, along with the respective remittance form,

to:

Fiscal Services

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2006)).

Payment of this penalty does not prevent future prosecution if the violation

continues.

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the

order. 415 ILCS 5/41(a) (2006);

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois

Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The

Board’s procedural rules provide that motions for the Board to reconsider or modify its final

orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code

101.520;

I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on November 5, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

Fit

cLE

R '3

EDD

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ERK

S OFFICE

ADMINISTRATIVE CITATION

JUN 2 3

2008

STATE OF ILLINOIS

Pollution Control Board

AC No.

08 w")2

COUNTY OF VERMILION, ILLINOIS,

Complainant,

County File No. 08-02

ILLINOIS LANDFILL,

INC.,

Respondent.

JURISDICTION

This Administrative Citation is issued pursuant to the authority vested in the

Illinois Environmental Protection Agency by sections 4(e) and 31.1 of the Illinois

Environmental Protection Act ("Act"), 415 ILCS 5/4(e), 5/31.1, and delegated to

Vermilion County pursuant to section 4(r) of the Act, 415 ILCS 5/4(r).

FACTS

Respondent, Illinois Landfill, Inc., is, and was at all times relevant to this

Administrative Citation, the operator of a facility located in Hoopeston,

County of Vermilion, State of Illinois.

Said property is operated as a sanitary landfill, operated under Illinois

Environmental Protection Agency Operating Permit No. 1996-301LF Mod 26,

and designated with Illinois Environmental Protection Agency Site Code No.

1830450009.

On April 21, 2008, LeeAnn Chezem of the Vermilion County Health

Department inspected the above-described property. LeeAnn Chezem's

Affidavit and a copy of her inspection report are attached hereto and made a

part hereof by reference.

VIOLATIONS

On the basis of the direct observation of LeeAnn Chezem, the County of

Vermilion has determined that on April 21, 2008, Respondent was conducting a sanitary

landfill operation at the above-described facility, which is required to have a permit

pursuant to 415 ILCS 5/21(d) of the Act, 415 ILCS 5/21(d), in a manner which resulted

in the following condition:

litter from a previous operating day was present at the site at the time of the

above-mentioned observations and inspection, in violation of section 21(o)(12) of

the Act, 415 ILCS 5/21(o)(12), which provides no person shall conduct a sanitary

landfill operation in a manner which results in litter remaining from any previous

operating day.

CIVIL PENALTY

Pursuant to section 42(b)(4) of the Act, 415 ILCS 5/42(b)(4), Respondent herein

is subject to a civil penalty of Five Hundred Dollars ($500.00) for each of the above-

mentioned violations. Additionally, should Respondent elect to petition the Illinois

Pollution Control Board under the review process described herein, and if there is a

finding of the violation alleged herein after an adjudicatory hearing, Respondent shall be

assessed the associated hearing costs incurred by the Illinois Pollution Control Board, in

addition to the Five Hundred Dollar ($500.00) statutory penalty for each violation.

PROCEDURE FOR CONTESTING

THIS ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation under section 31.1(d) of

the Act, 415 ILCS 5/31.1(d). If you elect to contest this Administrative Citation, you

must file a Petition for Review with the Clerk of the Illinois Pollution Control Board, at

the State of Illinois Center, 100 West Randolph Street, Suite 11-500, Chicago, Illinois

60601. 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 will be issued by the Illinois

Pollution Control Board. A copy of the Petition for Review should be filed with the

Vermilion County State's Attorney's Office, 7 North Vermilion Street, Danville, Illinois

61832.

If you acknowledge the violation cited herein, the civil penalty specified above

shall be due and payable no later than July 18, 2008. If you do not petition the Illinois

Pollution Control Board for review of this Administrative Citation within thirty-five (35)

days of service hereof and have not paid the civil penalty by the due date stated above, or

if you elect to contest this Administrative Citation, any judgment rendered shall specify

the due date of the statutory civil penalty and any costs assessed against you.

When payment is made, checks shall be made payable in equal amounts (50% of

the total penalty each) to:

(1)

the Illinois Environmental Protection Trust Fund and mailed to the attention of

Fiscal Services, Illinois Environmental Protection Agency, 1021 North Grand Avenue

East, P.O. Box 19276, Springfield, Illinois 62794-9276; and

(2)

the County of Vermilion, Illinois, and mailed to the attention of Vermilion

County Health Department, 200 South College Street, Danville, Illinois 61832.

Respondent shall complete and return the enclosed Remittance Forms with

payments to ensure proper documentation of payment.

If any civil penalty, by reason of acknowledgment, default or finding after

adjudicatory hearing, is not paid when due, the Vermilion County State's Attorney may

initiate proceedings in the Circuit Court to collect said civil penalty. In addition to the

previously assessed civil penalty and any hearing costs of the Illinois Pollution Control

Board, the State's Attorney's Office will seek to recover its costs of litigation.

Dated: 0:// 7 /06

Frank • . Young

State's Attorney for V

By:

Charles D. Mockbee IV

Assistant State's Attorney

Prepared by:

Charles D. Mockbee IV

Office of the State's Attorney

7 N. Vermilion St.

Danville, IL 61832

217-554-7750

REMITTANCE FORM TO ILLINOIS EPA

County File No. 08-02

Respondent

Facility/Property:

Illinois Landfill, Inc.

Civil Penalty to Illinois EPA: $250.00 for each violation = $250.00

Date Remitted:

SSN/FEIN No.:

Signature:

NOTE

Please enter the date of your remittance, your Social Security Number (SSN) if an

individual, or Federal Employer Identification Number (FEIN) if a business, and sign this

Remittance Form. Your check should be made out to the the Illinois Environmental

Protection Trust Fund. Be sure your check is enclosed with this Remittance Form and

mail to: Fiscal Services, Illinois Environmental Protection Agency, 1021 North Grand

Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276.

Respondent

AC No.

County File No. 08-02

Fie

ERK'S

CEIVED

OFF/CE

Illinois Landfill, Inc.

$250.00 for each violation = $250.00

TATE OF ILLIN016

Pollution Control Board

A I .

REMITTANCE FORM TO VERMILION COUNTY HEALTH DEPARTMENT

Civil Penalty to County:

Date Remitted:

SSN/FEIN No.:

Signature:

NOTE

Please enter the date of your remittance, your Social Security Number (SSN) if an

individual, or Federal Employer Identification Number (FEIN) if a business, and sign this

Remittance Form. Your check should be made out to the County of Vermilion, Illinois.

Be sure your check is enclosed with this Remittance Form and mail to: Vermilion County

Health Department, 200 S. College Street, Danville, Illinois 61832.