ILLINOIS POLLUTION CONTROL BOR~RD
March 10, 1988
IN THE MATTER OF:
)
McLEAN COUNTY LANDFILL, INC. ) AC 87-119
(IEPA Docket No. 8724—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a February 2, 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 McLean County Landfill has violated Section
2l(p)(5) of the Act. The statutory penalty established for this
violation is $500.00 pursuant to Section 42(b)(4) of the Act.
Therefore, pursuant to Section 3l.1(d)(l), the Board finds
that McLean County Landfill has violated the provision alleged in
the amended kdministrative Citation. Since there is one (1) such
violation, the total penalty to be imposed is set at $500.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order McLean 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 $500.00 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 M. Gunn, Clerk of the Illinois Pollution Control
Board,_hereby certi that the above Order was adopted on the
/O~L day of
~
,
1988, by a vote of
7—~
Dorothy 1. Gu n, Clerk
Illinois Pollution Control Board
87—67
ILLINOIS ENVIRONMENTALAMENDEDPROTECTION AG NC~STATE
O~cUNJ!~.
Of
~WNOtS
ADMINISTRATIVE CITATION
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, McLEAN COUNTY LANDFILL, INC., is the
present operator of a facility located in the County of McLean,
State of Illinois.
2. That said facility is operated as a sanitary
operating under Illinois Environmental Protection Agency
Permit No. 1974-101-OP. and designated with Site Code No.
Said facility is commonly known to the Agency as McLean County
3. That Respondent has operated said facility at
pertinent hereto.
4. That on October 23, 1987, Richard Johnson, 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.
IN THE MATTER OF:
McLEAN COUNTY LANDFILL,
INC.,
a Delaware corporation licensed to do
business in Illinois,
Respondent.
)
)
PCB No. 87-119
)
JEPA DOCKET
NO.
8724-AC
)
)
landfill,
Operating
1138090001.
Landfill.
all times
87—68
V I OLAT IONS
On the basis of direct observation of Richard Johnson, 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 October 23, 1987, said landfill had uncovered refuse remaining
from a previous operating day, in violation of Ill. Rev. Stat. 1985,
ch. 111½, par. l021(p)(5).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.
111½, par. lO42(b)(4)), Respondent herein is subject to a civil penalty
of Five Hundred Dollars ($500.00) for each violation specified above
in Paragraph A, for a total of five hundred ($500.00) 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 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 March 5,
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
87—69 2
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 Envirbnnental 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. ~
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
3
87—70
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
Dated: January 26, 1988
87—71
STATE
OF
ILLINOIS
COUNTY OF SANCAMON
I, the undersigned, on oath state that I have served
the attached
MOTION FOR LEAVE TO FILE AMENDED ADMINISTRATIVE
CITATION
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. Fred Prillaman
Attorney at Law
1 North Old State Captiol Plaza
Springfield, IL 62705
and sending it by certified mail,
from Springfield, Illinois on
return receipt requested
January 26
, 19 88
with sufficient postage affixed.
SUBSCRIBED AND SWORN TO BEFORE NE
C~F~iAL5LAL
±
BAREARA K.
MCGEE
___________________________
NOT~.RyPUBLIC. STATE OF
1UJNO~S’
Mv
COMMISSION EXPIRES 4-13.91
)
)
SS
)
PROOF OF SERVICE
this
26th
day
of
January
~~1~.~~
Notary Public
19 88
87—72