ILLINOIS POLLUTION CONTROL BOARD
March
7,
1996
COUNTY OF
MONTGOMERY,
)
)
Complainant,
)
)
v.
)
AC 96-34
)
(Administrative Citation)
ENVOTECH-ILLINOIS, INC.,
)
)
Respondent.
)
ORDER OF
THE BOARD:
This matter comes before the Board upon the January
18,
1996 filing ofan
Administrative Citation pursuant to Section 31.1
of the Environmental Protection Act (Act) by
Montgomery County.
A copy ofthat Administrative Citation
is attachedhereto but will not be
printed in the Board~s
opinion volumes.
Service ofthe Administrative Citation was made upon
Envotech-Illinois, Inc. on January
12, 1996.
Montgomery County alleges that on November 21,
1995 Envotech-Illinois, Inc., present owner and/or operator of a facility located in Montgomery
County and commonly known to the County as Litchfield-Hillsboro Landfihl/Envotech-Illinois
Landfill, violated Section 21
(o)(5)
ofthe Act.
The statutory penalty established for this violation
is
$500.00 pursuant to Section 42(b)(4) ofthe Act.
Envotech-Illinois, Inc. has not filed a petition for review with the Clerk ofthe Board
within
35 days ofthe date ofservice as allowed by Section 31.1 (d)(2) of the Act.
Therefore,
pursuant to Section 31.1 (d)(1), the Board finds that Envotech-Illinois, Inc. has violated the
provision alleged in the Administrative Citation.
Since there is one (1) suchviolation, 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
ofthe date ofthis order Envotech-Illinois,
Inc. shall, by certified check or money
order payable to the Montgomery County Treasurer, pay a penalty in the amount
of$500.00, which is to be sent to:
Ms. Amy Stewart, Director
Montgomery County Health Department
South Route 185
Hilisboro, IL
62049
2.
Respondent shall include the remittance form and write the case name and number
and his social security or federal employer identification numbers on the certified
check or money order.
2
3.
Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
ofthe Act.
4.
Payment of this penalty does not prevent future prosecution ifthe violation
continues.
Section
41 ofthe Act (415 ILCS
5/41
(1994)) provides for the appeal offinal Board
orders within 35 days ofthe date of service ofthis order.
The Rules ofthe Supreme Court of
Illinois establish filing requirements.
(See also 35 Ill. Adm. Code
101.246 “Motions for
Reconsideration.”)
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certify that the
above order was adopted on the
7~
day of
flé~c1~
,
1996, by a vote of
2
2~
~
Dorothy M. ~Ynn, Clerk
Illinois Poll~KonControl Board
BEFORE TIlE ILLINOIS POLLUTION CONTROL BOARL~
ADMINISTRATIVE CITATION
MONTGOMERY COUNTY, ILLINOIS,
)
)
Complainant,
)
)
NO.AC96-
vs.
)
Administration Citation
)
ENVOTECH-ILLINOIS, INC.
)
)
Respondent.
)
JURISDICTION
This
Administration Citation
is issued pursuant to authority vested
in the
Illinois
Environmental Protection Agency by
Illinois
Compiled Statutes,
Chapter 415, Paragraph
5/31-I, and delegated to
Montgomery
County, Illinois, pursuant to Illinois Compiled
Statutes,
Chapter415, Paragraph 514.
FACTS
1.
The Respondent
is
the present owner/or operator ofa
facility located in
Montgomery County, Illinois.
2.
That said facility
is
a sanitary
and
special waste landfill, operating
with
one or
more Illinois Environmental Protection agency Operating Permits, and designated
with
Site Code No. 1358150007.
Said facility is commonly known to the agency as the Litchfield-
Hilisboro Landfill or Envotech illinois Landfill and
is
operating under Illinois
Environmental Protection Agency Permit No. 1976-2-OP (revised 2-15-91).
3.
That
Respondent
has owned and/or operated the facility at all times pertinent
hereto.
4.
That
on November 15,
1995,
Wcklon
Kunzcnian of the Montgomery County
Health Department inspected
the
above-described
facility.
A copy ofthe Inspection Report
setting forth
the
results ofsuch
inspection
is attached hereto and made a part hereof,
marked Group Exhibit “A”.
YIOLATIONS
I.
On the basis of direct observation of Weldon Kunzeman on November 15,
1995
the Complainant has
determined that Respondent has operated
the above-described facility
in
the following manner.
a.
That there was in the landfill uncovered refuse remaining from a
previous day as
more particularly described in item No. 6, page 4 of the attached inspection
report,
incorporated herein by reference.
See Illinois
Compiled Statutes, Ch. 415, Par. 5/21 (o)
(5).
CIVIL PENALTY
Pursuant to Illinois Compiled Statutes,
1992, Chapter 415, Par. 5/42
(b) ~4).
Respondent herein
is
subject to a civil penalty ofFive hundred
Dollars ($500.00) for the
violation specified above in Par. I above (“Violations”), for
a total of $500.00.
Additionally,
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 violations alleged herein,
after an adjudicatory hearing, Respondent shall be assessed the associated hearing costs
incurred by the Illinois
Environmental Protection Agency, Montgomery County,
Illinois,
and the Illinois Pollution Control Board,
in
addition to the Five Hundred Dollars ($500.00)
statutory penalty for each finding ofviolation.
If you acknowledge the violations cited hereinabove, the civil penalty specified above
shall be due and payable no later than
February
16
,
1996.
Ifyou do not petition the
Illinois Pollution Control Board for
review ofthis Administrative Citation
within
thirty-
five (35) days of service hereofor if you elect to contest
this Administrative
Citation, any
judgment rendered againstyou 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 Montgomery
County Treasurer and mailed to the attention of
Ms.
Amy Stewart, Director, Montgomery
County Health Department, South Route 185, Ilillsboro, Illinois
62049. Also, please
complete and return
the
enclosed Remittance Form, along with your payment to assure
proper documentation ofpayment, 50
ofwhich payment must be forwarded to the
Agency.
lf any civil penalty, by reason of acknowledgment, default or finding after
adjudication
hearing, is not paid when due, the Illinois Environmental Protection Agency
shialh take into consideration such
failure to pay during any permit review process upon
your application for a new permit or for renewal
ofan 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 or State’s Attorney ofMontgomery County,
Illinois 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, Montgomery County, Illinois, and the
Illinois Pollution Control Board, if any, the Attorney General’s Office or Montgomery
County State’s Attorney’s Office will seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~
Illinois Compiled
Statutes,
1991, chapter
415, Paragraph
5/31.1.
If you elect to contest this Administrative
Citation, you
must file for Review with the Clerk of the Illinois Pollution Control Board.
A
copy of the Petition for Review should be mailed to the Montgomery County State’s
Attorney.
Such Petition for Review must be filed within thirty-live
t35) 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 ofIllinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
Attention:
Division of Legal Counsel, and a copy ofsaid Petition for Review mailed
to Kathryn Dobrinic, Montgomery County State’s Attorney, Montgomery County
Courthouse,
hlihlsboro, Illinois
62049.
MONTGOMERY COUNTY, ILLINOIS
BY:________________
Kathryn Dobr~—~z
Montgomery County State’s Attorney
Prepared by:
Kathryn Dobrinic
Montgomery County State’s Attorney
Montgomery County Courthouse
120 North Main, Room 212
Ilihlsboro, Illinois 62049
Date:
~
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
MONTGOMERY COUNTY, ILLINOIS,
)
)
Complainant,
)
)
vs.
)
NO.
AC 96-
)
ENVOTECI! ILLiNOIS, INC.,
)
)
Respondent.
)
REM ITTANCEYORM
FACILITY:
Litchfield/ilihlsboro Landfill (or Envotech Illinois
Landfill)
SITE CODE NO.:
1358150007
CIVIL PENALTY:
$500.00
COUNTY:
Montgomery
DATES OF INSPECTION:
November 15,1995
DATE REMITTED:______________
SS/FEIN NUMBER:
________________
SIGNATURE:
______________
NOTE
Please enter the date ofyour remittance, your Social Security number (SS) if any
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 Mrs. Amy Stewart, Montgomery County Health Department, South Route 185,
IIillsboro, Illinois 62049.
The check should
be made payable
to the Montgomery County
Treasurer.
Fifty per cent (50)
ofthe penalty shall be forwarded by Montgomery County
to the Illinois Environmental Protection Agency.