ILLINOIS POLLUTION CoNTRoL BOARD
March 10, 1988
IN THE MATTER OF:
MACON COUNTY LANDFILL, CORP.
)
AC 87—109
(IEPA Docket No. 8667—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a January 27, 1988
filing of an amended 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 amended Administrative Citation is attached hereto. The
Agency alleges that Macon County Landfill has violated Sections
2l(p)(5) and 21(p) (12) of the
Act.
The statutory penalty
established for these violations is $500.00 pur~uant to Section
42(b)(4) of the Act.
Therefore, pursuant to Section 31.l(d)(l), the Board finds
that Macon County Landfill has violated the provisions alleged in
the amended Administrative Citation. Since there are two (2)
such violations, the total penalty to be imposed is set at
Si ,000.00.
It is hereby ordered that, unless the penalt~~__~jread~
been paid, within 30 days of the date of this Order Macon 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, Illinois 62706
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
/O—~Z
day of
7.ø~I’
,
1988, by a vote of
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~.
,~—,
Dorothy N. Gunn, Clerk
Illinois Pollution Control Board
87--Si
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
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lip
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1
1988
AMENDED
L~t1~~j
ADMINISTRATIVE CITATION
IN THE
MATTER OF:
)
)
MACON COUNTY LANDFILL, CORP.
)
PCB Docket No. AC 87-109
)
IEPA Docket No. 8667-AC
Respondent.
)
JURISDICTION
This Amended 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, MACUN COUNTY LANDFILL, CORP., is the
present operator of a facility located in the County of Macon,
State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1976—4-OP, and designated with Site Code No. 1158040008.
Said facility is commonly known to the Agency as Decatur/Macon Co. L.F. #2.
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on October 6, 1987, Steven Townsend, 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,
87—52
VIOLATIONS
On the basis of direct observation of Steven Townsend, 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. That on October 6, 1987, said landfill facility was operated in
the following manner:
1. With uncovered refuse remaining from a previous operating
day, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½,
par. lO2l(p)(5).
2. While having failed to collect and con am litter from the
site by the end of a previous operating day, in violation of
Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1O21(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(1) through A(2), for a total of One Thousand ($1,000.00).
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 Control Board, in addition to the Five Hundred Dollar ($500.00)
statutory penalty for each finding of violation.
87_532
If you acknowledge the violations cited hereinabove, the civil
penalty specified above shall be due and payable no later than Febru-
ary 15, 1988. 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
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).
87—54
3
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.
/~-~f’~-~
~
i2—
Richard J. Carlson(,Oirector
~-~--- -
Illinois Environmental Protection Agency
Dated: January 21, 1988
87—55
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
IN THE MATTER OF:
)
)
MACON
COUNTY LANDFILL, CORP.
)
PCB Docket No. Ac 87-109
) IEPA
Docket No. 8667-AC
Respondent.
)
FACILITY: Decatur/Macon Cty. L.F. #2
SITE CODE NO: 1158040008
COUNTY: Macon
CIVIL PENALTY: $1,000.00
DATE OF INSPECTION: October 6, 1987
DATE REMITTED: ___________________________
SIGNATURE: ________________________________
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 Illinois Environmental Protection Agency, Attention: Fiscal Services,
2200 Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276.
87—56
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
SS
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served
the attached
MOTION
upon the person to whom it is directed, by placing a
copy in an envelope addressed to:
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100
West Randolph, Suite 11-500
Chicago, IL 60601
Mr. John Robinson
Attorney for Respondent
P. 0. Box 1765
Decatur, IL 62525-1765
Macor~
County Landfill Corporation
do Donald E. Williams, Registered Agent
R. R. 8, Box 115
Decatur, IL 62522
and sending it by certified mail, return receipt requested
from Springfield, Illinois on
January
21
19 88
with sufficient postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
this 21st day of
January
•, 1988
37—57