ILLIhO1S POLLUTION CONI ROL BOARD

September 4, 1987

IN THE MATTER OF:

INDUSTRIAL SALVAGE, INC.     

)

AC 87-77

and JACKSON COUNTY LANDFILL,  

)

(IEPA Docket No. 6489-AC)

INC.

Respondents.

ORDER OF THE BOARD:

This matter comes before the Board upon a July l~, 1987

filing of an Administrative Citation pursuant to Section 31.1 of

tne Illinois Environmental Protection Act (Act) by the Illinois

Environmental Protection Agency (Agency). A copy of that

Administrative Citation is attached hereto. The Agency alleges

that Industrial Salvage has violated Sections 2l(p)(5) and

2l(p)(6) ot the Act. The statutory penalty established for each

of these violations is $500.00 pursuant to Section 42(b)(4) of

tue Act.

Industrial Salvage 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.l(d)(2) of the Act. Therefore, pursuant to

Section 31.1(d)(l), the Board finds that Industrial Salvage 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 Oraer Industrial

Salvage shall, by certified check or money order payable to the

State of Illinois and designated for deposit into tne

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.

81L87

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

Board, hereby certify that the above Order was adopted on the

day of  

1987 by a vote of 

&‘

~~

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

81—88

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Pesp~ncen:c.         

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JUR~SDICT ION

This Administrative Citation is issued pursuant to the authority

vested in the Illinois Environmental Protection Agency by Public Act

84-1320 (iii. Rev. Stat. 

1936,

Su’eo., ch. 1ll~,par. 1031.1).

—

F~t~

1.  That Respondents, are the present owner/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 Environ~-entai Protection Agency Operating Permit No.

1975-37-0?, and designated with Site Code No. 1218020306. Said facility

is commonly known to the Agency as Centralia/Prior.

3.  That Respondents have owned/operated said facility at all

times pertinent hereto.

4.  That on May 19, 1967, 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.

8 1—89

On t~’ebasic of di:~’:t occorvation

of Gerald E. Steele, the Illinois

Environmar:ol ?‘~:a::ijn

has determined trot Respondents were

conductinc a oari::r’. lonhf~ii c:aration

at the above-described facility,

which is renuired to na,e a

nermit 

puronant to Iii.

Rev. Stat. 1985,

c~ l~ ,

‘~

~r ~ic~ ~es~l~oa in tie fo~lc inc

conci 

ti ons:

jnso~-:tiOn On May

?, 1937 

disclosed

uncovered refuse

maininc from a previous ccerat~ncday a: said sanitary landfill

facility, in violation of 111. Rev. Stat. 1987 Su~o., ch. 1i1~,

~c.

B.  Inspection on May 

19, 1987 disclosed

a failure to provide

final cover within time limits established b” Pollution Control

Board Regulat~ons at said sanitary landr~ll racility, in viola-

tion of Ill. Rev. Stat. 1986 Supp., ch. 111~,par. lOSl(p)(6).

CIvIL PENALTY

Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp. 

ch.

lll~,par. l042(b)(4)), Respondents herein are subject to a civil penalty

of Five Hundred Dollars (S500.OO) 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

Control Board, in addition to the Five Hundred Dollar ($500.00) statutory

penalty for each finding of violation.

2

81—90

a ‘~1’ au    

alaticuc cited nareinabovo. the civil

reriolt; sue  

ar

~OPV~?

cuail 

du~

and cavable no

later than Au~ust

35, Ib:7.   

..uc~’ rot :ati:~cn toe iiiir.oi~ Pollution Control Board

for review c~this 

AcHniotrative Citation

within thirt’.’—five (35)

days of service harrof or if you elect to contest this Administrative

Citation, an’i judcmunt rardered against you shall scecify the due date

of

the

statutory civil 

000City enc

any costs assessed acainst you.

Moan roman: is mace. cur check shoulc be made

cayebie to toe

liinois 

Environmental

Protection Trust fund and mailed to the attention

of Fiscal Services, :llinois Environmental Protection Acency, 2200

Churchill 

Road, P.O. Dox

19276, Spninofield, Illinois 62794-9276.

Also, please complete ano return the enclosed Remittance Form, along

with your payment, to assure proper documentation of payment.

If any civil penalty, be reason of acknowledgment, default or

finding after adjudicatory hearing, is not paid ~ihendue; 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.

3

81—91

FOR CONFESTING 

THIS

CITAT:3~

H ma cc aortas: 

this Acmini strati 

Citation. See

Podia Act Ja-lC?O (:11. Re;. Stat. 1936 So::.. oh. lll~, par. 1031.1).

if you elect to contest tn s Admi ni strati ‘.‘e Citation, you must file

a Petition f~r Review w:h the Clerk of the Iii inois Pollution Control

Board. A coo.’ of are ~otiticn

for Review

should 

be filed with the

Illinois Environmental Pr~tect~ooAgency. Sucn ?etition for Review

must be filee within tnirty-five (35) days of the date of

service of

this Adninistrcti’.’e Citation, or a default judoment 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 Most Randolph, Suite 11—500, Chicaco, Illinois

60601; and, a copy of said Petition for Review filed with the Illinois

Environmental Protection Acency at 2200 Churchill Road, P.O. Box 19276,

Springfield, Illinois 62794-9276, Attention: Enforcement Services.

~

~ichard J. ?a/lson, Direct9~zV

~-‘

Illinois En~ronmental Pro~tection Agency

Date: July 14, 1987

4

81—92