ILLINOIS POLLUTION CONTROL BOARD
February 4, 1988
IN THE MATTER OF:
MODERN BUSINESS DISPOSAL, INC.
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AC 87—124
(IEPA Docket No. 8733—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a December 18, 1987
filing of an 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
Administrative Citation is attached hereto. Service of the
Administrative Citation was made upon Modern Business Disposal on
December 17, 1987. The Agency alleges that Modern Business
Disposal has violated Section 2l(p)(ll) of the Act. The
statutory penalty established for this violation is $500.00
pursuant to Section 42(b)(4) of the Act.
Modern Business Disposal 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 3l.l(d)(2) of the Act. Therefore, pursuant
to Section 3l.l(d)(l), the Board finds that Modern Business
Disposal has violated the provision alleged in the Administrative
Citation. Since there is one (I) 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 Modern
Business Disposal 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, IL 62706
IT IS SO ORDERED.
86—141
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that e above Order was adopted on
the
______________
day ~
,
1988 by a vote
Dorothy M. dunn, Clerk
Illinois Pollution Control Board
86—142
ILLINOIS ENVIRONMENTAL PROTECTION AGENC
8 I98~jL~
ADMINISTRATIVE CITATION
Poa~j~~OA~
IN THE MATTER OF:
)
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MODERN BUSINESS DISPOSAL, INC.
)
IEPA DOCKET NO: 8733-AC
)
Respondent.
)
JURISDICTION
This 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, Modern Business Disposal, Inc., is the present
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 Environmental Protection Agency Operating Permit No.
1977-22-OP, and designated with Site Code No. 1218130007. Said facility
is commonly known to the Agency as Salem Community Landfill #2.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That on October 22, 1987, Randy Ballard, 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.
86—143
VIOLATIONS
On the basis of direct observation of Randy Ballard, 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 and prior to October 22, 1987, said landfill had failed
to submit reports required by permits or Board regulations, specifically
financial assurance documents, as required by Ill. Rev. Stat. 1985,
ch. 111½, par. lO2l(p)(ll).
CIVIL PENALTY
Pursuant to Public Act 84—1320 (Ill. Rev. Stat. 1986 Supp., ch.
111½, par. l042(b)(4)), Respondent herein is subject to a civil penalty
of Five Hundred Dollars for the violation specified above in Paragraph
A, for a total of Five Hundred ($500.00) Dollars. Additionally, should
yot~elect to petition the Illinois Pollution Control Board under the
review process described hereinbelow, and if there is a finding of
the violation 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 January 25,
1988. If you do not petition the Illinois Pollution Control Board
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86—144
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).
If you elect to contest this Administrative Citation, you must file
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86—145
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.
Richard J. Carlson,
Illinois Environmental Protection Agency
Date: December 16, 1987
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86—146