ILLINOIS POLLUTION CONTROL
    BOARD
    January 19,
    1995
    COUNTY
    OF
    VERMILION,
    )
    )
    Complainant,
    )
    v.
    )
    AC 94—99
    (County No. 94—04)
    (Administrative
    Citation)
    BRICKYARD DISPOSAL
    AND
    )
    RECYCLING,
    INC.,
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the December 9,
    1994
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by Vermilion
    County.
    A copy of that Administrative Citation is attached
    hereto, but will not be printed in the Board’s Opinion Volumes.
    Service of the Administrative Citation was made upon Brickyard
    Disposal and Recycling Inc. on December 5,
    1994.
    Vermilion
    County alleges that on October 7, 1994, Brickyard Disposal and
    Recycling Inc.,
    present owner and/or operator of a facility
    located in Vermilion County and commonly known to the County as
    Brickyard Disposal and Recycling
    (IEPA Site No. 18380400029),
    Vermilion County, Illinois violated Sections 21(0) (5) and
    21(o) (1) of the Act.
    The statutory penalty established for each
    violation is $500.00 pursuant to Section 42(b) (4) of the Act.
    Brickyard Disposal and Recycling 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
    Brickyard Disposal and Recycling Inc. has violated the provisions
    alleged in the Administrative Citation.
    Since there are two
    (2)
    such
    violations,
    the
    total
    penalty
    to
    be
    imposed
    is
    set
    at
    $1, 000.00.
    1.
    It
    is
    hereby
    ordered
    that,
    unless
    the
    penalty
    has
    already
    been
    paid, within 30 days of the date of this order Brickyard
    Disposal and Recycling Inc. shall, by certified check or money
    order payable to the County of Vermilion County, pay a penalty
    in
    the
    amount
    of
    $1,000.00,
    which
    is
    to
    be
    sent
    to:
    Vermilion County Health Board
    Rural
    Route
    1,
    Box
    12B
    Danville,
    Illinois
    61832
    2. Respondent shall include the remittance form and write the
    case
    name
    and
    number
    and
    their
    social
    security
    or
    federal
    2
    Employer Identification Numbers on the certified check or
    money order.
    3. Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g) of the Illinois Environmental
    Protection Act.
    4. Payment of this penalty does not prevent future prosecution if
    the violation continues.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    (415 ILCS 5/41
    (1992)), provides for appeal of final orders of the Board within
    35 days.
    The Rules of the Supreme Court of Illinois establish
    filing requirements.
    (See also 35 Ill. Adm. Code 101.246,
    Notions for Reconsideration.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify(~hatthe above order was adopted on the
    /1
    ~i
    day of
    ~
    ~
    ,
    1995, by a vote of
    //
    ~
    /
    (
    /r
    /~C
    ~
    /
    Dorothy N. $nn,
    Clerk
    Illinois Po~LutionControl Board
    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOARD
    ADMINISTRATIVE CITATION
    COUNTY
    OF VERMILION,
    ILLINOIS,
    )
    Complainant,
    )
    AC
    ___________
    v.
    )
    County File No.
    94-04
    BRICKYARD DISPOSAL & RECYCLING,
    )
    INC.,
    Respondents.
    JtJR.ISDICTION
    This Administrative Citation is issued pursuant to the
    authority vested in the Illinois Environmental Protection Agency
    by sections 4(e) and 31.1 of the Illinois Environmental
    Protection Act
    (“Act’t),
    415 ILCS 5/4(e),
    5/31.1, and delegated to
    Vermilion County pursuant to section 4(r)
    of the Act,
    415
    ILCS
    5/4(r)
    FACTS
    1.
    That Respondent, Brickyard Disposal & Recycling,
    Inc.,
    is the present operator of •a facility located within the County
    of Vermilion,
    State of Illinois.
    2.
    That said facility is operatedas a sanitary landfill,
    operating under Illinois Environmental Protection Agency
    Operating Permit No. 1981-24-OP,
    and designated with Site Code
    No. 1838040029.
    3.
    That on October 7,
    1994,
    Douglas Toole of the Vermilion
    County Health Department and Amy Brown of the Illinois
    -2-
    Environmental Protection Agency inspected 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.
    VIOLATIONS
    On the basis of the direct observation of Douglas Toole and
    Amy Brown,
    the County of Vermilion has determined that
    Respondents were conducting a sanitary landfill operation at the
    above-described facility, which is required to have a permit
    pursuant to 415
    ILCS 5/21 (d),
    in a manner which resulted in the
    following conditions:
    A.
    That on October
    7,
    1994 an on site inspection of said
    sanitary landfill 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.415 ILCS 5/21(0) (5);
    (2)
    Refuse in standing or flowing waters,
    in violation
    of 415 ILCS 5/21(0) (1).
    CIVIL PENALTY
    Pursuant to section 42(b) (4)
    of the Act,
    415 ILCS
    5/42(b) (4), Respondent herein is subject to a civil penalty of
    One Thousand Dollars
    ($1,000.00)
    for the above-mentioned
    violation.
    Additionally,
    should Respondent elect to petition the
    Illinois Pollution Control Board under the review process
    described hereinbelow, and if there is a finding of the
    -3-
    violations alleged herein after an adjudicatory hearing,
    Respondent shall be assessed the associated hearing costs
    incurred by the Illinois Pollution Control Board,
    in additi~r
    t~
    the One Thousand Dollar
    ($J.,000.00) statutory penalty for the
    violation.
    If you acknowledge the violation cited hereinabove,
    the
    civil penalty specified above shall be due and payable no later
    than January
    6,
    1995.
    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
    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 County of Vermilion,
    Illinois, and mailed to the Vermilion’
    County Health Department at Rural Route 1, Box 12B,
    Dariville,
    Illinois 61832.
    If any civil penalty, by reason of acknowledgment, default
    or finding after adjudicatory hearing,
    is not paid
    when due,
    the Vermilion County State’s Attorney may initiate
    proceedings in the Circuit Court to collect said civil
    -4.-
    penalty.
    In addition to the previously assessed civil penalty
    and any hearing costs of the Illinois Pollution Control Board,
    the State’s Attorney will seek to recover their costs
    of
    litigation.
    PROCEDURE FOR CONTESTING
    THIS ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation
    under section 31.1(d)
    of the Act,
    415
    ILCS 5/31.1(d).
    If you
    elect to contest this Administrative Citation, you must file a
    Petition for Review with the Clerk of the Illinois Pollution
    -I
    Control Board.
    A copy of the Petition for Review should be
    filed with the Vermilion County State’s Attorney’s Office.
    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 will be issued by the Illinois 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 St.,
    Suite 11-500,
    Chicago, Illinois 60601;
    and a copy of said Petition for Review should be filed
    with the Vermilion County State’s Attorney, at
    7
    N. Vermilion
    St., Danville,
    Illinois 61832.
    DATED:
    __________
    _____________________
    Michael
    D,. Clary
    State’s Attorney
    4
    (SI
    t1,~W~’4’~
    I
    .
    By: Norman R.
    Werth,
    Assistant State’s Attorney
    Prepared by:
    Norman R.Werth
    Office of the State’s Attorney
    7 N. Vermilion St.
    Danville,
    IL
    61832
    (217)
    431-2570
    REMITTANCE
    FORM
    COUNTY OF VERMILION,
    )
    )
    Complainant,
    )
    v.
    )
    AC
    94—99
    )
    (County
    No.
    94-04)
    )
    (Administrative Citation)
    BRICKYARD DISPOSAL
    AND
    )
    RECYCLING,
    INC.,
    )
    )
    Respondent.
    FACILITY: Brickyard Disposal
    SITE CODE NO.: 0990300024
    COUNTY: Vermilion
    CIVIL PENALTY: $1000.00
    DATE OF INSPECTION:
    October
    7, 1994
    DATE REMITTED:_______________
    SS/FEIN NUMBER:_______________
    SIGNATURE:____________________
    NOTE
    Please enter the date of your remittance, your Social Security
    number
    (SS)
    if an individual or Federal Employer Indentification
    Number
    (Fein)if a corporation, and sign this Remittance Form. Be
    sure your check is enclosed and mail,
    along with Remittance Form,
    to Vermilion County Health Board, Rural Route
    1, Box l2B,
    Danville, Illinois 61832

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