ILLINOIS POLLUTION CONTROL BOARD
    August 26,
    1993
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Petitioner,
    )
    v.
    )
    AC 93—20
    (Administrative
    ILLINOIS LANDFILL,
    INC.
    )
    Citation)
    IEPA No. 306-93—AC
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    This matter comes before the Board upon
    a June
    14,
    1993
    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 the
    Administrative Citation is attached hereto, but will not be
    printed in the Board’s Opinion Volumes.
    The Agency alleges that
    on May,
    4,
    1993,
    Illinois Landfill,
    Inc., present owner of a
    facility commonly known to the Agency as Hoopston/Illinois
    Landfill,
    Inc.,
    located in Vermilion County, violated Section
    21(o) (5)
    of the Act.
    The statutory penalty established for this
    violation is $500.00 pursuant to Section 42(b)(4)
    of the Act.
    On August
    5,
    1993,
    the Board entered an order directing the
    Agency to file proof of service on Illinois Landfill,
    Inc.,
    on or
    before August 20,
    1993,
    or the matter would be subject to
    dismissal.
    On August
    9,
    1993,
    the Clerk of the Board received
    notification from the Agency verifying proof of service on June
    14,
    1993.
    Illinois Landfill,
    Inc. 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 31.1(d) (2)
    of the Act.
    Therefore,
    pursuant
    to Section 31.1(d) (1),
    the Board finds that Illinois Landfill,
    Inc. violated Section 21(o)(5),
    as alleged
    in the Administrative
    Citation and imposes a total penalty of $500.00.
    1.
    It
    is hereby ordered that, unless the penalty has already
    been paid,
    within 30 days of the date of this order,
    Illinois Landfill,
    Inc.
    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:
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    H..
    ~
    1
    41993
    ~LJ
    ~
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    ) AC____________
    )
    (IEPA
    No. 306—93—AC)
    ILLINOIS LANDFILL,
    INC.
    and
    )
    KENTON RODERICK,
    )
    Respondents.
    )
    .JURISDICTION
    This Administrative Citation
    is
    issued pursuant to authority vested
    in
    the
    Illinois Environmental
    Protection Agency
    by
    Ill.
    Rev. Stat.
    ch.
    111
    1/2,
    para.
    1031.1
    (1991).
    FACTS
    1.
    That Respondents,
    Illinois Landfill,
    Inc.
    and Kenton Roderick, are
    the present operators of a facility located
    in the County of Vermilion,
    State
    of Illinois.
    2.
    That said facility
    is operated
    as
    a
    sanitary landfill, operating
    under Illinois Environmental
    Protection Agency Operating Permit No.
    1989—il—OP,
    and designated with Site Code No.
    1830450009.
    Said facility
    is
    commonly known
    to the Agency
    as Hoopston/Illinois Landfill,
    Inc.
    3.
    That Respondents have owned or operated said facility at
    all
    times
    pertinent hereto.
    4.
    That on May 4,
    1993,
    Amy Brown, 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.
    V ICLA TIONS
    On
    the
    basis of direct observation of Amy Brown,
    the Illinois
    Environmental Protection Agency
    has determined
    that Respondents were
    conducting
    a sanitary landfill operation at the above—described facility,
    which
    is
    required to have a permit pursuant to
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1021(d)
    (1991),
    in a manner which resulted
    in the following conditions:
    A.
    That on May 4,
    1993 an on—site inspection of said sanitary
    landfill
    facility and
    a review of Illinois Environmental Protection Agency files and
    records of said facility, disclosed
    the following:
    (1)
    Uncovered refuse remaining from a previous operating day,
    in
    violation of Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1021(o)(5)
    (1991)
    formerly
    102l(p)(5).
    CIVIL PENALTY
    Pursuant to Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1042(b)(4)
    (1991),
    Respondents
    herein are subject
    to a civil
    penalty of Five Hundred Dollars
    ($500.00) for the violation specified
    above
    in Paragraph A.
    Additionally,
    should Respondents 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,
    Respondents
    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.
    If you acknowledge
    the violation cited hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable no later
    than
    July
    19,
    1993.
    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
    —2—
    you elect
    to conu
    chs Mdministrative 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.
    If any civil
    penalty imposed
    by
    the Illinois Pollution
    Control
    Board
    is not paid within the time prescribed
    in the order,
    interest on
    such penalty will
    be assessed for
    the period from the date payment
    is due
    until
    the date payment
    Is
    received.
    Furthermore,
    if payment
    is not received
    when due,
    the Office 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,
    interest, 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
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1031.1
    (1991).
    If you elect
    to contest this
    Administrative Citation, you must file
    a Petition for Review with
    the Clerk of
    —3—
    the
    Illinois
    Pollution
    Contro
    .~c..rd.
    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:
    Division of
    Legal Counsel.
    I~
    Mary A. ~‘ade,
    Director
    Illinois Environmental Protection Agency
    Prepared by:
    Richard C.
    Warrington,
    Jr.
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    IL
    62794—9276
    217/782—5544
    /
    /
    Date:
    _________________________
    sad/1O68v,97—100
    —4—

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