ILLINOIS POLLUTION CONTROL BOARD
March 26
1992
LOGAN
COUNTY
HEALTH
)
DEPARTMENT,
)
)
Complainant,
)
v.
)
AC 92-8
)
(LCHD No.
9112-AC)
LINCOLN/LOGAN LANDFILL,
)
(Administrative Citation)
INC.,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a February 10,
1992
filing of an Administrative Citation pursuant to Section
31..
of
the Illinois Environmental Protection Act
(Act) by the Logan
County Health Department.
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 Lincoln/Logan Landfill on February 7,
1992.
The Logan
County Health Department alleges that on December 13,
1991,
Lincoln/Logan Landfill, present owner and/or operator of a
facility located in Logan County and known to the Agency as
Lincoln/Logan Landfill, violated Sections 21(o) (1),
21(o) (2),
21(o)(3), 2l(o)(5),
21(o)(9),
21(o) (11) and 21(o) (12) of the
Act.’
The statutory penalty established for each of these
violations is $500.00 pursuant to Section 42(b)(4)
of the Act.
Lincoln/Logan Landfill 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 Linclon/Logan
Landfill has violated each and every provision alleged in the
Administrative Citation.
Since there are seven
(7) such
violations, the total penalty to be imposed is set at $3,500.00.
1.
It
is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order Lincoln!
Logan Landfill shall,
by certified check of mony order
payable to the Logan County Health Department,
pay a penalty
in the amount of $3,500.00, which is to be sent to:
I
Section 21 of the Act was amended by Public Act 87—752,
effective
January
1,
1992.
As
a
result,
the
two
subsections
enforceable through the administrative citation process have been
changed from 21(p)
and 21(q)
to 21(o)
and 21(p)
respectively.
131—553
2
Directpr of Financial Services
Logan County Health Department
2120 W.
5th Street Road
Lincoln, Illinois
62656
2.
Respondent shall include the remittance form and write
the case name and number and their social security or
federal Employer Identification Number on the certified
check or money order.
3.
Penalties upaid 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,
Ill.
Rev.
Stat.
1989,
ch.
111—1/2,
par.
1041,
provides for appeal of final
Order os the Board within 35 days.
The Rules
of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board1 hereby certify t~hatthe ~bove Order was adopted on the
~
day of
~
,
1992,
by a vote. of
~
~
/~
/
Dorothy N.
çt*in,
Clerk
Illinois Pol’lution Control Board
131—554