ILLINOIS POLLUTION CONTROL BOARD
June 25, 1987
IN THE MATTER OF:
)
)
AC 87—40
BROWNING—FERRIS INDUSTRIES
)
(87—1AC)
)
Respondent.
)
ORDER OF THE BOARD:
This matter comes before the Board upon a May 6, 1987 filing
of an Administrative Citation pursuant to Section 31.1 of the
Illinois Environmental Protection Act (Act) by the St. Clair
County Health Department. A copy of that Administrative Citation
is attached hereto. Service of the Administrative Citation was
made upon Browning—Ferris Industries on May 5, 1987. The St.
Clair County Health Department alleges that Browning—Ferris
Industries has violated Sections 21(p)(5) and 21(p)(l2) 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 31.1(d)(2) of the Act. Therefore,
pursuant to Section 31.1(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 St. Clair County Health Department, pay a penalty
in the amount of $1000.00, which is to be sent to:
St. Clair County Health Department
25 Bellevue Park Plaza
Belleville, Illinois 62223
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert’ that the above Order was adopted on the
~tZ day of
,
1987 by a vote of_______________
Dorothy M. Guv~n, Clerk
Illinois Pollution Control Board
78-486
STATE OF ILLINOIS
COUNTY OF ST. CLAIR
ADMINISTRATIVE CITATION
THE MATTER OF:
)
)WNING-FERRIS IND.
)
I~
lAO
!oreign Corporation
)
~ensed To Do Business
)
Illinois
Respondent.
JURISDICTION
This Administrative Citation is issued pursuant to the authority
3ted in the Illinois Environmental Protection Agency by Public Act
-1320 (Ill. Rev. Stat. 1986, Supp., ch. 111 1/2, par. 1031.), and
legated to St. Clair County pursuant to Ill. Rev. Stat. 1986, Supp.,
• 111 1/2, par. 1004 Cr).
FACTS
1. That Respondent, a Missouri corporation, is the present
erator of a facility located in the County of St. Clair, State of
linois.
2. That said facility is operated as a sanitary landfill,
erating under Illinois Environmental Protection Agency Operating
rmit
No. 1980-35 OP1 and designated with Site Code No. 1630100003.
id facility is commonly known to the Agency as Belleville/BFI Modern.
3. That Respondent has operated said facility at all times
rtinent hereto.
78-487
4. That on April 20, 1987, Don Brannon, of the County of
Clair, inspected the above-described landfill facility. A copy
E the Inspection Report setting forth the results of such inspection
;
attached hereto and made a part hereof.
VIOLATIONS
On the basis of direct observation of
Don
Brannon, the County
~ St. Clair has determined that Respondent was conducting a sanitary
~ndfi1l operation at the above-described facility, which is required t
we a permit pursuant to Ill. Rev. Stat. 1985, ch. 111 1/2, par. 102l(
i
a manner which resulted in the following conditions:
A. On April 20, 1987, operated said sanitary landfill
facility with uncovered refuse remaining from a
previous operating day, in violation of Ill. Rev.
Stat. 1986, Supp., ch. 111 1/2, par. 1021(P) (5).
B. On April 20, 1987, operated said sanitary 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. 1987, ch ill 1/2,
par. 1021 (P) (12).
CIVIL PENALTY
Pursuant to Public Act 84—1320 (Ill. Rev. Stat. 1986, Supp.,
h. ill 1/2 par. 1042(b) (4), Respondent herein is subject to a civil
enalty of Five Hundred Dollars ($500.00) for each violation specified
bove in Paragraphs A and B, for a total of
One
Thousand Dollars
$l000,00). Additionally, should you elect to petition the Illinois
‘ollution Control Board under the review process described hereinbelow
78-488
md if there is a finding of the violations alleged herein, after
in adjudicatory hearing, you shall be assessed the associated hearing
~osts incurred by the Illinois Pollution Control Board, in addition
:o the Five Hundred Dollar ($500.00) statutory penalty for each
~inding of violation.
If you acknowledge the violations cited hereinabove, the civil
enalty specified above shall be due and payable no later than June
),
1987. If payment is not received by such date, this citation
~i1l be forwarded to the Illinois Environmental Protection Agency
~or judgement. If you do not petition the Illinois Pollution Control
3oard for review of this Administration Citation within thirty—five
(35) days of service hereof or if you elect to contest this
~dministrative Citation, any judgment rendered against you shall
specify the due date of the statutory civil penalty and any costs
~ssessed against you.
When payment is made, your check should be made payable to
LANDFILL CITATION FUND and mailed to Paul Haas, County Collector,
#10 Public Square, Belleville, IL 62220.
If any civil penalty, by reason of acknowledgment, default or
finding after adjudicatory hearing, is not paid when due, the Illinoi~
Environmental Protection Agency shall take into consideration such
failure to pay during any permit review process upon your applicatioi
for a new permit or for renewal of an existing permit. Furthermore,
if payment is not received when due, the St. Clair County State’s
Attorney may initiate proceedings in Circuit Court to collect said
civil penalty. In addition to the previously assessed civil penalty
and hearing costs of the Illinois
Pollution
Control Board, if
any;
the State’s Attorney will seek to recover their costs of litigation.
JOHN BARICEVIC
State’s Attorney
______
BY: ~
St. Clair County
ftJ.4~J4~OFFMM(
1/
Public Health
~Vstant St~te’s Attorney
78-489
PROCEDURE FOR CONTESTING THIS
—
ADMINIST~ATIVE CITATION
You have the right to contest this Administrative Citation. See
iblic Act 84—1320 (Ill. Rev. Stat. 1986, Supp. ch. 111 1/2, par. 1031.
you elect to contest this Administration Citation, you must file
Petition for Review with the Clerk of the Illinois Pollution Control
‘ard. A copy of the Petition for Review should be filed with the
Clair County State’s Attorney, attention, John Baricevic, at the
:.
Clair County Courthouse. Such Petition for Review must be filed
.thin thirty—five (35) days of the date of service of this Administrat
~tation, or a default judgment shall be entered by the Pollution Contr
ard. The Petition for Review may be filed with the Clerk of the
~.linoisPollution Control Board at the State of Illinois Center, 100
~st Randolph, Suite 11—500, Chicago, Illinois 60601; and a copy of sai
~tition for Review filed with the State’s Attorney at the St. Clair
)unty Courthouse.
ate:
78-490
STATE OF ILLINOIS
COUNTY OF ST. CLAIR
THE MATTER OF:
)
)
)
MNING-FERRIS
IND.
)
aLE
VI LLE/BFI MODERN
)
42 ~ (7
)
)
Respondent.
)
Affiant,
Don
Brannon, being first duly sworn, voluntarily
oses
and
states as follows:
1. Affiant is a field inspector employed by the County of
Clair
and
has been so employed at
all times pertinent hereto.
2. On April 20, 1987, between 9:30 a.rn.
and
12:00 p.m., Af~ian
iducted an inspection of the sanitary landfill in St. Clair County,
Linois,
known
as Belleville/BFI Modern, Illinois Environmental
)tection Agency Site No. 1630100003,
operating
under IEPA Permit No.
30—35—OP.
3. Affiant inspected said Bellevil3.e/BFI Modern Landfill site
an on—site inspection which included walking the site and inter-
?wing personnel.
4. Before and after said inspection of said landfill site,
giant reviewed Illinois Environmental Protection Agency permits
;ued to the subject site and investigated into whether or not reguix
~uznentswere timely filed on behalf of the subject site.
5. As a result of the activities referred to in Paragraphs 3
~ 4 above, Affiant completed the Inspection Report Form attached
reto and made a part hereof, which, to the best of Affiant,’s
78-491
Dwledge arid belief, is an accurate representation of Affiarit’s
3ervations and factual conclusions with respect to Belleville/BFI
dern
Landfill.
bscribed and
Sworn Before Me
is 30th day of April, 1987
Notary Public
r*~~PUBLIC
STAIT
OT IU!~!$
COØISSION EXP. AP~.3, 1~$B
~CDIMRU lU. ETARY AS3OC.
7$492
ST. CLAIR COUNTY HEALTH DEPARTMENT
REMITTANCE
FORM
N
THE MATTER OF:
)
)
3ROWNING-FERRIS IND.
)
)
~ FOREIGN CORPORATION
)
JCENSED TO DO BUSINESS
)
(N ILLINOIS
)
)
Respondent.
)
)6’~-(7-c4’
FACILITY: Belleville/BFI—Modern Landfill
SITE CODE NO: 1630100003
COUNTY:
St. Clair
CIVIL PENALTY: $1,000.00
DATE OF INSPECTION: April 20, 1987
DATE REMITTED: ____________________________
S IGNATURE:
_____________________________________
NOTE
Please enter the date of your remittance and sign this Remittance Form. Be sure
your check is enclosed and mail, along with Remittance Form to:
Landfill Citation Fund
Attn: Paul Haas, County Collector
#10 Public Square
Belleville, IL
62220
78.493