ILLINOIS POLLUTION CONTROL BOARD

May 4,

1995

COUNTY

OF

VERMILION,

)

)

Complainant,

v.

)

AC 95—23

)

(County No.

95—01)

(Administrative Citation)

BRICKYARD DISPOSAL

AND

)

RECYCLING,

INC.,

)

)

Respondent.

ORDER

OF THE BOARD:

This matter comes before the Board upon the March 27,

1995

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 March 24,

1995.

Vermilion County

alleges that on January 26,

1995, 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. 1838040029),

Vermilion County,

Illinois violated Section 21(0) (5) of the Act.

The statutory penalty established for this 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 provision

alleged in the Administrative Citation.

Since there is

(1) such

violation, the total penalty to be imposed is set at $500.00.

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,

Illinois, pay a

penalty in the amount of $500.00, 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

Employer Identification Numbers on the certified check or

---

2

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,

Motions for Reconsideration.)

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Boaçd

hereby certify that the above order was adopted on the

_______

day of

,

1995,

by a vote of

—

2~-~

~‘~‘

Dorothy N. /c~nn,Clerk

Illinois P~9~lution

Control Board

---

BEFORE THE ILLINOIS POLLUTION CONTROL

ADMINISTRATIVE CITATION

COUNTY

OF VERMILION,

ILLINOIS,

Complainant,

)

AC

___________

v.

)

County

File No.

95-01

BRICKYARD DISPOSAL & RECYCLING,

INC.,

Respondent.

JURISDICTION

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~), 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 operated as 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 January 26,

1995, Douglas Toole of the Vermilion

County Health Department 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 the direct observation of Douglas Toole,

the

County of Vermilion has determined that Respondent was conducting

a sanitary landfill operation at

~ne

above-described facility,

which is recruired to have a permit pursuant to 415 ILCS 5/21(d),

in a manner which resulted in the following conditions:

A.

That on January 26,

1995,

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(o) (5)

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

Five Hundred Dollars

($500.00)

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 violation alleged

herein after an adjudicatory hearing, Respondent 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 the violation.

-2-

---

If you acknowledge the violation cited hereinabove,

the

civil penalty specified above shall be due and payable no later

than April 24,

1995.

If you do not petition the Illinois

Pollution Control Board for review of this Adm~1nistrative

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 l2B,

Danville,

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

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

-3-

---

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 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 Statets Attorney,

at

7 N. Vermilion

St.,

Danville, Illinois 61832.

DATED:

~

~

‘~

Michael D.

Clary

State’s Attorney

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

-4-

---

REMITTANCE FORM

COUNTY OF VERMILION,

)

)

Complainant,

)

v.

)

AC 95—23

)

(County No.

95-01)

)

(Administrative Citation)

BRICKYARD DISPOSAL

AND

)

RECYCLING,

INC.,

)

)

Respondent.

FACILITY: Brickyard Disposal

COUNTY: Vermilion

DATE OF INSPECTION: January 26,

1995

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 12B,