ILLINOIS POLLUTION CONTROL BOARD

June 30, 1988

IN THE MATTER OF:

CDT LANDFILL, CORPORATION,   

)

AC 88-46

)

(IEPA Docket No. 8981—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a May 13, 1988

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 CDT Landfill on May 12,

1988. The Agency alleges that CDT 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.

CDT Landfill 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 CDT Landfill has

violated the provision alleged in the Administrative 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 CDT 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, IL 62706

IT IS SO ORDERED.

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I, Dorothy M. Gunn, Clerk

Board, hereby certify tI~t the

~

day of________________

of the Illinois Pollution Control

above Order was adopted on the

_______

1988, by a vote of 

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Illino  ollution Control Board

90—548

ILLI~0ISENVIRONMENTAL

PROTECTION

ADMINISTRATIVE CITATION

IN THE MATTER OF:

)

~oii~cJ~

CDT Landfill, corp.             

)

IEPA DOCKET NO. 8981-AC

an Illinois corporation          

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JURISDICTION

This Administrative Citation is issued pursuant to the authority

vested in the Illinois Environmental Protection Agency by Public Act

84—1320 (Iii. Rev. Stat. 1986, Supp., ch. 111½, par. 1031.1).

FACTS

1.  That Respondent is the present 

owner

or operator of a facility

located in the County of Will, State of Illinois.

2.  That said facility is operated as a sanitary landfill,

operating under Illinois Environmental Protection Agency Operating

Permit No. 1983-19-OP. and designated with Site Code No. 1978170005.

Said facility is commonly known to the Agency as CDT Landfill.

3.  That Respondent has owned or operated said facility

at all times pertinent hereto.

4.  That on Marct’i 18, 1988, Darren Brumfield, of the Illinois

Environmental Protection Agency, inspected the above-described landfill

facility. A copy of the inspection report setting forth the results

of such inspectfon is attached hereto and made a part hereof.

9 0—549

VIOLATIONS

the basis of direct observation of Darren Brumfield, 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 March 18, 1988, said landfill had uncovered refuse

remaining from a previous operating day, in violation of Ill.

Rev. Stat. 1986 Supp., ch. 111½, par. lO2l(p)(5).

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 ($500.00) for the violation specified above

in Paragraph A, Additionally, is~hould you 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 a finding of violation.

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0—550

If you acknowledge the violation cited hereinabove, the civil

penalty specified above shall be due and payable no later than June

20, 1988. If you do not petition the Illinois Pollution Control

Board for review of this P~dministrative 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, 220D

Churchill Road, P.O. Sox 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.

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90—551

PROCEDURE FOR CONTESTING THIS

AD:1INISTR,~TIVE CITATiON

You have the right to contest this Administrative Citation. ~

Public Act 84-1320 (111. 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

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.

Bernard P. Killian, Acting Director

Illinois Environmental Protection Agency

Date: May 10, 1988

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90—552