ILLINOIS POLLUTION CONTROL BOARD

June 23,

1994

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

v.

)

AC 94—26

)

(IEPA No. 214-94-AC)

)

(Administrative Citation)

ATKINSON LANDFILL COMPANY,

)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon the April 26,

1994

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, but will not be

printed in the Board’s Opinion Volumes.

Service of the

Administrative Citation was made upon Atkinson Landfill Company

on April 22,

1994.

The Agency alleges that on March

3,

1994,

Atkinson Landfill Company, present owner and/or operator of a

facility located in Henry County and commonly known to the Agency

as Henry County Landfill #2, violated Section 21(o) (5) and

21(o)(9) of the Act.

The statutory penalty established for each

violation is $500.00 pursuant to Section 42(b)(4)

of the Act.

Atkinson Landfill Company 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 Atkinson

Landfill Company has violated the provisions alleged in the

Administrative Citation.

Since there are two

(2) such

violations, the total penalty to be imposed is $1,000.00.

1.

It is hereby ordered that,

unless the penalty has already been

p~d,

within 30 days of the date of this Order Atkinson

Landfill Company shall,

by certified check or money order

payable to the Illinois Environmental Protection Trust Fund,

pay a penalty in the amount of $1,000.00, which is to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road,

P.

0. Box 19276

Springfield, Illinois 62794—9276

2. Respondent shall include the remittance form and write the

case name and number and its social security or federal

---

2

Employer Identification Number 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.

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,

Motions for Reconsideration.)

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

BoaXd,

~ereby certify th

the above order was adopted on the

~

day of

,

1994,

by a vote of

______.

7/,,

~

7t1

Dorothy M./9’unn, Clerk

Illinois P~lutionControl Board

---

E1V~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

APR

261994

STATE

OF

LUNO~S

~TtON

CONTROL BOAT

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

V.

_____

)

(IEPA

No.

214—94—AC)

ATKINSON LANDFILL COMPANY,

)

)

Respondent.

)

JURISDICTION

This Administrative Citation

is

issued pursuant

to authority vested

in the

Illinois Environmental

Protection Agency

by 415 ILCS 5/31.1,

1992;

Ill.

Rev.

Stat.

ch.

111

1/2,

para.

1031.1.

FAC S

1.

That Respondent, Atkinson Landfill Company,

is the present operator

of

a facility

located

in the County of Henry,

State of Illinois.

2.

That said facility

is operated

as

a sanitary

landfill, operating

under Illinois Environmental Protection Agency Operating Permit

No.

1980—33—OP. and designated with Site Code No. 0730200003.

Said facility

is

commonly known

to the Agency

as Henry County Landfill

#2.

3.

That Respondent has owned or operated said facility

at

all

times

pertinent hereto.

4.

That on March

3,

1994,

Robert Wagner, 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.

---

VIOLATIONS

On the basis of direct observation of Robert Wagner,

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 415 ILCS 5/21(d),

1992;

Ill.

Rev.

Stat.

ch.

111

1/2,

para.

1021(d),

in a manner which resulted

in the following

conditions:

A.

That on March

3,

1994 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 415

ILCS 5/2l(o)(5),

1992;

Ill.

Rev.

Stat.

ch.

111

1/2,

para.

l021(o)(5).

(2)

Deposition of refuse

in any unpermitted portion of the landfill,

In violation of 415 ILCS 5/21(o)(9),

1992;

Ill.

Rev.

Stat.

ch.

111

1/2,

para.

lO2l(o)(9).

CIVIL PENALTY

Pursuant to 415 ILCS 5/42(b)(4),

1992;

Ill. Rev.

Stat.

ch.

111

1/2,

para.

lO42(b)(4),

Respondent herein

is

subject

to

a

civil

penalty of

Five Hundred

Dollars ($500.00) for each violation specified above

in Paragraph A,

for

a

total of One Thousand Dollars

($1,000.00).

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 violations

alleged herein, after

an adjudicatory hearing, Respondent

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.

—2—

---

If you acknowledge the violations

cited hereinabove,

the

civil

penalty specified above

shall

be due and payable no later than

May27,,

~,94

.

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 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.

—3—

---

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right

to contest this Administrative Citation.

~

4~5ILCS

5/31.1,

1992;

Ill.

Rev.

Stat.

ch.

111

1/2,

para.

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:

Division of Legal

Counsel.

Mary

A. ‘bade, Director

~

Illinois Environmental Protection Agency

Prepared

by:

Todd Rettig

Illinois Environmental

Protection Agency

2200 Churchill Road

P.O.

Box

19276

Springfield,

IL

62794—9276

217/782—5544

Date:

_____________________

rlc/O59Ow,54—57

—4—

---

REMITTANCE FORM

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

AC 94—26

v.

)

(IEPA No. 214—94—AC))

(Administrative Citation)

ATKINSON LANDFILL COMPANY,

)

)

Respondent.

FACILITY:

Henry County

SITE CODE #:

Landfill #2

COUNTY:

Henry

CIVIL PENALTY:

DATE OF INSPECTION: March

3,

1994

SS/FEIN

NUMBER:____________________________

SIGNATURE:__________________________________

NOTE

Please enter the date of your remittance, your Social Security

number

(58)

if

an individual, or Federal Employer Identification

Number

(FEIN)

if a corporation, and sign this Remittance Form.

Be sure your check is enclosed and mail, along with Remittance

Form to:

Illinois Environmental Protection Agency, Fiscal

Services Division, 2200 Churchill Road, P.O. Box 19276,