ILLINOIS POLLUTION CONTROL BOARD
April 21, 1988
IN THE MATTER OF:
BROWNING—FERRIS INDUSTRIES,
)
AC 88—18
(Case No. 88—1 SC)
Respondent.
ORDER OF
THE
BOARD:
This matter comes before the Board upon a March 9, 1988
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 March 4, 1988. The St.
Clair County Health Department alleges that Browning—Ferris
Industries has violated Sections 2l(p)(l), 21(p)l2), 21(p)(1) and
2l(p)(12) 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.l(d)(2) of the Act. Therefore,
pursuant to Section 3l.l(d)(l), the Board finds that Browning—
Ferris Industries has violated each and every provision alleged
in the Administrative Citation. Since there are four (4) such
violations, the total penalty to be imposed is set at $2,000.00.
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 Landfill Citation Fund, pay a penalty in the
amount of $2,000.00, which is to be sent to:
Paul Heas, County Collector
10 Public Square
Belleville, Illinois 62220
IT IS SO ORDERED.
88—363
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert~fy that the above Order was adopted on the
7/~1.day of
,
1988, by a vote of
7c)
Dorothy M. nn, Clerk
Illinois Pollution Control Board
88—364
BROWNING-FERRIS IND.
A Foreign Corporation
Licensed To Do Business
In Illinois
Respondent.
COUNTY OF ST. CLAIR
ADMINISTRATIVE CITATION
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STATE OF ILLINOIS
___
IN THE MATTER OF:
88-1 SC
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. 111 1/2, par. 1031.), and
delegated to St. Clair County pursuant to Ill. Rev. Stat. 1986,
Supp., ch. 111 1/2, par. 1004 Cr).
FACTS
1. That Respondent, a Missouri corporation, is the present
operator of a facility located in the County of St. Clair, State of
Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1980-35 OP, and designated with Site Code No 1630100003.
Said facility is commonly known to the Agency as Belleville/BFI
Modern.
3. That Respondent has operated said facility at all times
pertinent hereto.
88—36 5
4. That on January 28, 1988, and February 25, 1988, Donald R.
Brannon, of the County of St. Clair, inspected the above-described
landfill facility. Copies of the Inspection Reports setting forth
the results of such inspections are attached hereto and made a part
hereof.
VIOLATIONS
On the basis of direct observation by Donald Brannon, the County
of St. Clair has determined that Respondent was conducting a landfill
operation at the above-described facility, which is required to have
a permit pursuant to Ill. Rev. Stat. 1986, ch. 111 1/2, par. 1021(d).
in a manner which resulted in the following conditions:
A. On January 28, 1988, operated said landfill facility
in a manner which resulted in refuse in standing
or flowing waters, in violation of Ill. Rev. Stat. 1987,
Supp., ch. 111 1/2, par. 1021(P) (1).
B. On January 28, 1988, operated said landfill facility
in a manner which resulted in failure to collect and
contain litter from the site by the end of a previous
operating day, in violation of Ill. Rev. Stat. 1987, ch.
111 1/2, par. 1021(P) (12).
C. On February 25, 1988, operated said landfill facility
in a manner which resulted in refuse in standing or
flowing waters, in violation of Ill. Rev. Stat. 1987,
Supp., ch. 111 1/2, par. 1021(P) (1).
D. On February 25, 1988, operated said landfill facility
in a manner which resulted in failure to collect and
contain litter from the site by the end of a previous
operating day. in violation of Ill. Rev. Stat. 1987,
ch. 111 1/2, par. 1021(P) (12.).
88—366
CIVIL PENALTY
Pursuant to Public Act 54-1320 (Ill. Rev. Stat. 1986, Supp.,
ch. 111 1/2, 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, B, C and D for a total of Two
Thousand Dollars ($2000.00). 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
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
April 11, 1988. If payment is not received by such date, this
citation will be forwarded to the Illinois Environmental Protection
Agency for judgement. If you do not petition the Illinois Pollution
Control Board for review of this Administration Citation within
thirty-five (35) days of service hereof or if you elect to contest
this Administative Citation, any judgement 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
LANDFILL CITATION FUND and mailed to Paul Haas, County Collector,
~1O Public Square, Belleville, Ii 62220.
88—367
If any civil penalty, by reason of acknowledgement, 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 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.
PROCEDURE
~
CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~ Public Act 84-1320 (Ill. Rev. Stat. 1986, Supp., cli. 111 1/2,
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 St. Clair County State’s Attorney, Attention, John
Baricevic, at the St. Clair County Courthouse. Such Petition for
Review must be filed within thirty-five (35) days of the date of
service of this Administrative Citation, or a default judgement
shall be entered by the Pollution Control Board. The Petition for
Review may be filed with the Clerk of the Illinois Pollution Control
88—368
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 States Attorney at the St. Clair County
Courthouse.
JOHN BARICEVIC
States Attorney
March 3, 1988
_____________________
BY:
_______________________
St. Clair County
~7’$’(/HOFFMA
Public Health
~ssistant
State~s Attorney
88-369
8T~TE OF ILLI~2I8
COJ~Tt’ OF ST. Cu~lF.
l:~ T~-:E ~TTEF~
OF:
BELLEVILLE/EFIBF~D~iNB-
FERRIS
t-~ODERN
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88—1
SC
~f
/1
Respondent.
c~ffiant, D~’.ald
R.
E;rar~non, being first
ouly
s~orn, voluntarily
deposes
and
states as
1
t~-Ffiar;z is a -field inspector employed by the St. Ciair
County Health Department and certified by the Illinois Environmental
Prote~tior. A~en~yand has
~een
so employed at all times pertinent
he~et~.
Or,
~njarv
28. ~
between 9~uu a.m., and
11:..U
a.m., anG
on February 2Z, 1988.
bez~eer~
2:30 p.m. and :1Z p.m., Affiant
conducted inspections of the sanitary landfill in St. Clair County,
Illinois, known as Belleville/BFI Modern, Illinois Environmental
Protection
(-icency Site Nc.
1~3OiC’OOO3, operating uncer IEPA F’e:nit
~c. 1~~—3S—OF.
:.
A~ianz ~n~e~ted
saic Belleville/E•FI
hc~ern
.ar~diii site
~ on—site inspecticn~ L:hi:h inc:iuded wal~inc the size and
~r~terv:e~-::n:
oersonne.
‘.
~te:-
seic inspection
oi
said landfill site, A4-fiant
lIVE ~
~t~t
.-.nEzr.5--
0
nct an-,’ liiinc:s Er.v~ronrent~~
~cn:v
pcrri.~t~
issusc tc
tns s~bJsct
size anc
88—370
investigated into whether or not required documents were timely
filed on behalf of the subject site.
5.
(-is a result o-f the activities referred to in Paraoraphe
3 and 4 above, Affiant completed the Inspection Report forms
attached hereto and made a part hereof, which, to the best
of
(-~fr~ants ~:no~-:iedos and belief, are an accurate representation
of
Af-fiants observations and factual conclusions witn respect to
the Belleville/BFI Modern Landfill.
Subscribed and Sworn To before me
this 3rd day of tiarch, 1988.
Notary Public
EIJRY PUBLIC
STATE O~’~LLTP~D1S
MY CO~.ISSIOWEXP. API.
.,, I~E2
U$-ULD
T~RUILL. aC1A~v
assoc.
88—37 1