ILLINOIS POLLUTION CONTROL BOARD

March 23, 1995

COUNTY OF MACON,

)

Complainant,

AC 94—100

v.

)

(File No. EPA—#94—6)

(Administrative Citation)

MACON COUNTY LANDFILL,

)

Respondent.

ORDER OF THE BOARD

(by J.

Yi):

On March 17,

1995,

the Macon County Landfill filed a motion

to withdraw its January

3,

1995 petition for review of this

administrative citation.

The motion

is granted and the petition

for review

is dismissed.

The Board will accordingly enter its

final order concerning the administrative citation.

This matter comes before the Board upon a December 15,

1994

filing of an administrative citation pursuant to Section 21

(0) (5)

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 Macon County Landfill on

January 31,

1995.

The Agency alleges that on November 17,

1994,

Macon County Landfill, present operator of a facility located in

Macon County, 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.

Pursuant to Section 31.1(d) (1), the Board finds that Macon

County Landfill has violated the provisions alleged in the

administrative citation.

Since there is one

(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 Macon County

Landfill shall,

by certified check or money order payable to

County of Macon,

pay a penalty

in the amount of $500.00, which

is to be sent to:

Macon County Clerk

253

E. Wood Street

Decatur, Illinois 62523

2. Respondent shall include the remittance form and write the

case name and number and his social security or federal

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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.

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 M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

~‘?3~~

day of

,

1995, by a vote of

U~

~&.

Dorothy

t~1/ Gunn,

Clerk

Illinois~,’PollutionControl Board

---

TRECEIVE~1

STATE OF ILLINOIS

I

DEC 15 1994

COUNTY OF MACON

I

I

STATE Q~

ILLINOIS

____________________________

~~~TION

CONTROL

BOARD

ADMINISTRATIVE CITATION

COUNTY OF MACON,

ILLINOIS

)

~

and

)

State’s Attorney’s File

File

No. EPA-#94—6

ILLINOIS ENVIROffNENTAL

PROTECTION AGENCY

)

V.

)

MACON

COUNTY

LANDFILL,

)

Respondent.

ADMINISTRATIVE CITATION

JURISDICTION

This

Administrative

Citation

is

issued

pursuant

to

the

authority vested in the Illinois Environmental Protection Agency by

Illinois Compiled Statutes 1992

(415 ILCS 5/31), and delegated to

the County of Macon pursuant to 415

ILCS 5/4

(r).

FACTS

1.

That Respondent,

Macon.County

Landfill,

is the present

operator of a

facility located

in the

County

of

Macon,

State

of

Illinois.

2.

That said facility is operated as

a sanitary landfill,

operating under Illinois Environmental Protection Agency Operating

Permit

Nos.

19991-068,

and

designated

with

site

code

No.

LPC

#1158040008.

3.

That

Respondent

has

operated

said facility at all times

pertinent

hereto.

4.

That

on November

17,

1994,

Inspectors of the County of

Macon,

Public

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

5.

On basis

of direct

observation of said

inspectors,

the

County of Macon

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,

in

a

manner

which resulted in the following conditions:

In violation of 415 ILCS

5/21(0)

(5)

the Respondent,

without

any

authorization by

permit

to

keep uncovered

refuse

from any

previous

operating

day

or

at

the

conclusion

of

any

previous

operating day, did conduct the said sanitary landfill in a manner

which

resulted

in

uncovered

refuse

remaining

from

a

previous

operating day or at the conclusion of a previous operating day.

CIVIL PENALTY

6.

Pursuant

415

ILCS

5/42

(b)

(4),

Respondent

herein

is

subject to

a civil penalty of Five Hundred Dollars

($500.00)

for

each

violation

specified

in 415 ILCS 5/21

(o) (p),

for a total of

$500.00

for

each

violation.

Additionally,

should

you

elect

to

petition

the

Illinois

Pollution

Control

Board

under

the

review

process described herein below, and

if

there is

a

finding

of

the

violations

alleged

herein,

after

an

adjudicatory

hearing,

you

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 each finding of violation.

(2)

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7.

If

you

acknowledge

cited

hereinabove,

the

civil

penalty

specified

above

shall

be

due

and payable no later than January

9,

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

County of Macon and should be mailed to Macon County Clerk at 253

E.

Wood

Street,

Decatur, Illinois

62523.

8.

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 Macon

County

State’s

Attorney

may

initiate proceedings

in

Circuit Court to collect said civil penalty.

In addition to the

previously assessed civil penalty and hearing costs of he Illinois

Pollution Control Board,

if any; the State’s Attorney will seek to

recover their costs of litigation.

(3)

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PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE CITATION

9.

You have the right to contest this Administrative Citation

under 415 ILCS 5/31.1.

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 Macon County State’s Attorney, 253

E. Wood Street, decatur, Illinois

62523.

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 Macon County State’s Attorney,

253

E. Wood Street,

Decatur, Illinois 62523.

Date: December 8,

1994

Lawrence

R.

Fichter

Macon

County

State’s

Attorney

253

E.

Wood

Street

Decatur,

Illinois

(217)

424—1400

County of Macon, Illinois

(4)

THIS FILING IS SUBMITTED ON

RECYCLED

PAPER

By:

Lawrence R. Fichter,

State’s

Thomas H. Mbo~y

Assistant State’s

A.

Macon County,

Illin’ois

---

REMITTANCE

FORM

COUNTY

OF

MACON,

)

)

Complainant,

AC 94—100

v.

)

(File No. EPA-#94-6)

)

(Administrative Citation)

MACON COUNTY LANDFILL,

)

FACILITY:

Macon County Landfill

SITE CODE #:

COUNTY:

Macon

CIVIL PENALTY:

DATE OP INSPECTION: November 17,

SIGNATURE:_________________________________

NOTE

Please enter the date of your remittance, your Social Security

number

(S8)

if an individual, or Federal Employer Identification

Number

(FEIN)

if a corporation, and sign this Remittance Form.

Be sure your check, made payable to the County of Macon,

is

enclosed and mail it,

along with the Remittance Form to:

Macon

County Clerk, 253

B. Wood Street,

Decatur, Illinois 62523.

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I

I