ILLINOIS POLLUTION CONTROL BOARD
September
1,
1994
COUNTY OF DUPAGE,
)
Complainant,
v.
)
AC 94—53
(County No.
94CD543)
)
(Administrative Citation)
WASTE MANAGEMENT OF ILLINOIS,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a July 15,
1994
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by DuPage 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 Waste Management of
Illinois on July 7,
1994.
DuPage County alleges that on May 9,
1994, Waste Management of Illinois, present owner and/or operator
of a facility located in DuPage County and commonly known to the
County as Greene Valley Landfill, 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.
Waste Management of Illinois 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 Waste
Management of Illinois, has violated
the provision 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 Waste
Management of Illinois shall,
by certified check or money
order payable to the DuPage County Treasurer,
pay a penalty in
the amount of $500.00, which
is to be sent to:
Rodd Elges
DuPage County Solid Waste Department
421 N. County Farm Road
Wheaton,
Illinois 60187
2. Respondent shall include the remittance form and write the
case name and number and its social security or federal
Employer Identification Number on the certified check or money
order.
2
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
Boa~~hereby certify that the above order was adopted on the
/‘-~--
day of
T~~-~-’
,
1994,
by a vote of
Ill
Control Board
~~1
BEFORE THE ILLINOIS
POLLUTION
CONTROL
BOARD
JUL
1
5
1994
ADMINISTRATIVE
CITATION
STATE OF
~WNO~S
POLLUtION
CONTROL
BOARD
COUNTY
OF
DUPAGE,
)
)
PETITIONER
)
v.
)
AC______
)
State’s
Attorney
WASTE
MANAGEMENT
OF ILLINOIS,
)
File Nos. 94CD543
94SA543
)
RESPONDENT.
)
JURISDICTION
~
cilatigi is iSSUed:p~s~aiit.:tp.~
4u~or~t~y
ves~d
in
the
Illinois
Environmental
ProtèctionAgency
by
Publi’O
Act~
84—
1320 (Illinois Compiled Statutes, 1992,
~h.
415,;
par.
5/31.1),
and
delegated to DuPage County pursuant to Illinois Compiled
Statutes,
1992,
Cli.
4’c~
par.
5/4.
FACT~
1.
Respondent,
Waste
Management
of
Illinois,.
is
the
present
operator1ofa
facility
1ocated~in-the
COt1ntv-of~DuPage,~’State
of
Illinois.
2.
Sa~idi~aOi1ityis
operated
:‘~
~
~anitary
1~tdfil1;~operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1974-30-OP,
and.
designated•~with
Site
Code
No.
0438030001.
Said facility
‘is
commonly
knowr~
to
the
Agency
and
DuPage :County
as
Greene
Vallev~
Landfill.
3.
Respondent
nas
owned
or
ooèrated
said
racility
at
~‘l1
ti~ei
øertinent
hereto.
4.
.~espondent~was
issued
a
~ompiiance
‘~inq~iiry~1etter
~on z~o~uer
10,
1993,
~(attached
hereto as
Exhibit
NAK
-and
made
a
part
hereof)
f~z~uncovered
refuse
~remaining
-~
from
~any
previous
operating
day,
.
for
inadequate
depth
of
daily
cover
and
for
failure
to
collect
and contain
litter
from
the
site
by
the
end
of
each operating
day
which violations
were observed
during
an
inspection
by
inspector
ROCICI
Elges
on
November
2,
1993.
On
November’
~I8
,:
-1993~the~’Resp
ndent
~responded
in ~vritizig
~to
DuPag~Couñt~r
(attached
hereto~ás~Exhibit
~lsBN
~and .mades~part
hereof),
with
regard to
the~
adoption ~
a
new policy
to
ensure
all
construction/demolition
-1oads~are~inspected.’ Atsaid
timc
the
Respondent
provided
no
direct
-response
to
the
iincovere~
refuse remaining from any previous operating day.
—1—
5.
Inspector,
Rodd Elges of the county of DuPage, conducted an
inspection of said facility on November 30, 1993 at which time
he observed uncovered refuse from any previous day operations,
inadequate depth
of daily cover,
and failure to comply with
the terms and conditions of the facility’s supplemental permit
(#.1993—140-SP).
Administrative Citation 94-4 was served upon
Respondent on January 25, 1994 for said violations.
A default
order was entered by the Illinois Pollution Control Board in
this matter as payment was not received by the March
4,
1994
due
date..
Respondent submitted payment for penalties assessed
in this matter to the County of DuPage On March 11, 1994.
6.
Inspector, Dean Olson of the County of DuPage, conducted an
inspection of the subject facility on
December
14,
1993,
at
which time he observed exposed refuse from any previous day
operations,
inadequate
ç~epth:of
daiLy
~
comply
with
the
terms
and
côñditions
of
the
facility’s
operating
permit.
Administrative Citation 94-10 was served
upon Respondent on February 9, 1994 for violations observed on
the
December
14,
1993
inspection.
Respondent
submitted
payment for penalties assessed under Administrative Citation
94-10 to
the
County of DuPage on March 11, 1994. accompanied by
Administrative Citation 94-4 payment.
7.
Inspector Rodd Elges of DuPage County, conducted an inspection
of
said
facility
on February
12,
1994
at which time he
observed uncovered refuse from any previous day operations and
•inadequate depth of daily cover.
Administrative Citation 94-
20
was
served
upon
Respondent
on April
1,
1994
for
said
violations.
Respondent
filed
a
Petition
for
Review
of
Administrative Citation on May
4,
1994,
which
is presently
pending
before
Administrative
Law
Judge,
Professor Allen
Schoenberger.
8.
Inspector Dean Olson during an inspection of said
facility on May
9,
1994
observed
exposed refuse
from any
previous day operations and inadequate depths of daily
c~er.
The exposed refuse was observed within woodwrecking material
which is used at the subject facility as a road base material.
A verified copy of the inspection report and narrative are
attached hereto
as Exhibit
“C” and incorporated herein
by
reference.
9.
On May 11, 1994 the Respondent sent by facsimile a copy of the
Respondent’s new woodwrecking policy for operations
at
the
subject facility, which policy is attached hereto as Exhibit
“D” and incorporated herein by reference.
—2—
VIOLATIONS
On the
basis
of Dean Olson’s direct observations,
the County of
DuPage
has
determined
that
Respondent
was
conducting
sanitary
landfill
operations
at
the
above-described
facility,
which
is
required to have a permit pursuant to Illinois Compiled Statutes,
1992,
Ch.
415,
par.
5/21
(d),
in
a manner which resulted in the
following conditions:
A.
That on May 9,
1994 an on-site inspection of said sanitary.
landfill
.
facility
and
..
.a. review
o.f
.
Illinois. Environmental
Protection
Agex~cy files
and
records
of
said
facility,
disclosed the following:
Refuse in standing or flowing water,
in violation
of Illinois Compiled Statutes,
1992,
Ch.
415, par-
5/21(p) (1)
F(p~(1))
conducting
a
sanitary
landfill
operation
in
a
manner which results in leachate flows exiting the
landfill
confines,
in
violation
of
Illinois
Compiled Statutes,
1992,
Ch.
415,
par.
5/21(o) (2)
formerly
(p) (2)
3.
Conducting
a
sanitary
landfill
operation
in
a
manner
which
results
in
leachate
flow
entering
Waters
of
.
the
State,
in
violation
of
Illinois
Compiled
Statutes,
1992,
Cli.
415,
par.
5/21(o)
(3)
(formerly
(p)(3))..
Open
burning
of
refuse,
in
violation
of
Illinois
Compiled
Statutes,
1992,
Ch.
415,
par.
5/2l(o)(4)
(for’n,erly
(t~
(4)3.
uncovered
reruse
remaining
frOm
a
previous
operating day,
in violation of Illinois Compiled
Statutes, 1992,
Cli. 415, par. 5/21(o) (5)
(formerly
Failure
to
provide
final
cover
within
time
limits
established
by Pollution
Control
Board
regulations,
in
violation
of
Illinois
Compiled
Statutes,
1992,
Ch.
415,
par.
5/21(o)(6)
(formerly
(p)(6).
Acceptance
of
wastes
without
necessary
permits,
in
violation
of
Illinois
Compiled
Statutes,
1992,
cli.
415,
par.
5/21(o)(7)
(formerly
(p)(7)).
Causing
or
allowing
scavenging
operations,
in
violation of Illinois Compiled Statutes,
1992,
Ch.
415, par. 5/21(o)(8)
formerly
(p)(8).
—3—
Deposition of refuse in any unpermitted portion of
the
landfill,
in
violation
of
Illinois Compiled
Statutes,
1992,
Cli. 415, par. 5/2l(o)(9)
(p)(9).
Acceptance
of
special
waste
without
a
required
manifest,
in
violation
of
Illinois
Compiled
Statutes, 1992,
Cli. 415, par. 5/21(o) (10)
formerly
(p) (10).
Failure to submit
reports required by permits or
pollution Control Board Regulations,
in violation
of..Illinois Compiled
Statutes,.
.1992.,•.. Cli.
.
415,
.~par..
5/21(o)(11)
(formerly (p)(11)).
Failure to collect and contain litter from the site
by the end of each operating day,
in violation of
Illinois Compiled
Statutes,
1992,
Ch.
415,
par.
5/2L.fp)
~3.2)-
(foTmerlv:(p) (1-2).
CIVIL PENALTY
Pursuant
to
Illinois
Compiled
Statutes,
1992,
Cli.
415,
par.
5/42(b) (4),
Respondent
herein
is
subject
to
a civil
penalty
of
Five
Hundred
Dollars
($500.00).
for
.each:violation~.specified
above in
Paragraph
A.
One
violation~
totalling
Five
Hundred
Dollars
($500.00)
is
identified.
Should Respondent elect to petition the Illinois Pollution Control
Board under
the review process
described
herein
below,
and if
there
is
a
finding
of
the
violation(s)
alleged
herein,
after
an
adjudicatory
hearing,
Respondent
shall
be
assessed
the
associated
hearing
costs
incurred
by
the
DuPage
County
State’s
Attorney
and
the
.flhinois
.
Pollution.
Control
Board,~.-in.~~4djtion
.
to
.-the.
Five.
Hundred
Dollar
statutory
penalty
for
each
finding
of
violation.
If
you
acknowiedge
the
-violations
cited
hereinabove,
the
~9ivil
penalty specified above
shall be due and payable
no.
late~~than
August
12,
1994.
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,-~’you.c’check
:should
be
made
payable
to the
DuPage
County
Treasurer,
and. mailed
to. the
attention
of
Rodd
Elges,
DuPage
County
Solid
Waste
Department,
located
at
421
N.
County
Farm
Road,
Wheaton,
Illinois
60187.
..Also,
please
complete and return
the
enclosed
Remittance
Form,
.
along
~with
your
payment,
to
assure
proper documentation of payment.
—4—
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 th~date pay~~is dv’~
until
th’~~1atepayment. is received.
Furthermore,
it
payment.
.~.snot received when due, the DuPage Lounty
State’s
Attorney may
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
Pollution Control Board, if any, the State’s Attorney will seek to
rever~theirco~t~of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE
CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
See
Public
Act
84—1320
(Illinois
Compiled
Statutes,
1992,
Cli.
415,
par.
5/31).
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
ofthe
Petition
for
Review
should
be
filed
with
the
DuPage
County
State’s
Attorney,
attention:
Raymond
L.
Hansen.-
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~~50Oi
Chicago,-
Illinois
60601;..
and,
a
copy
of
said
Petition
for
Review
filed
wIth
the DuPage
County
State’s
Attorney
at
505
N.
-
County
Farm
Road,
Wheaton,
Illinois 60187, Attention:
Raymond L. Hansen.
Date:
7
,
1994
Assistant
State’s
Attorney
For:
James
E.
Ryan
DuPage
County
State’s
Attorney
—5—
REMITTANCE FORM
COUNTY
OF
DUPAGE,
)
Complainant,
v.
)
AC 94—53
)
(County No.
94CD543)
)
(Administrative Citation)
WASTE
MANAGEMENT
OF ILLINOIS,
)
Respondent.
FACILITY: Greene Valley Landfill
SITE CODE NO.: 438030001
COUNTY: DuPage
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
May 9,
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 Rodd Elges,
DuPage County Solid Waste Department,
421 N.
County Farm Road Wheaton,
Illinois 60187