ILLINOIS POLLUTION CONTROL BOARD

Nay 5,

1994

SANGANON

COUNTY,

)

)

Complainant,

v.

)

AC 94—12

)

(County No. SCDPH-94-AC-3)

)

(Administrative Citation)

ESG WATTS,

INC.,

)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a March 14,

1994

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by Sangamon

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 ESG Watts,

Inc. on March 11,

1994 and on March 14,

1994.

Sangamon County

alleges that on February 4,

1994,

ESG Watts,

Inc., present owner

and/or operator of a facility located in Sangamon County and

commonly known to the County as Springfield Township/Sangamon

Valley Landfill, violated Sections 21(o)(1), 21(o)(5) and

21(0) (12)

of the Act.

ESG Watts,

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 ESG Watts,

Inc., has

violated the provisions alleged in the Administrative Citation.

The statutory penalty established for each violation is $500.00

pursuant to Section 42(b)(4)

of the Act.

Since there are three

(3)

such violations,

the total penalty to be imposed is set at

$1,500.00.

1.

It is hereby ordered that, unless the ~enaltv has already been

paid, within 30 days of the date of this order ESG Watts,

Inc.

shall, by certified check or money order payable to the

Sangamon County Department of Public Health, pay a penalty in

the amount of $1,500.00, which is to be sent to:

James D. Stone, Director

Sangamon County Department of Public Health

200 South Ninth Street, Room 301

Springfield, Illinois 62701

2.

Respondent shall include the remittance form attached hereto

and write the entire case name and number and its social

security or federal Employer Identification Number on the

---

2

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 N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certif

that the above order was adopted on the

5ci~

day of

,

1994,

by a vote of

____

I

(J

/

Dorothy M. G~in,Clerk

Illinois PoZ,tution Control Board

---

RECEIVED

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL B(~AR1~

ADMINISTRATIVE CITATION

mAR

141994

STATE OF ILLINOIS

SANGAMON

COUNTY,

)

POLLUTION CONTROL BOARD

)

Complainant,

)

AC

~‘9/~-

7?—

)

Administrative Citation

-vs-

)

SCDPH-94-AC~3

)

ESG

WATTS,

INC.,

an Iowa Corporation,)

)

Respondent.

JURISDICTION

This Administrative Citation

is

issued pursuant

to authority vested

in

the Illinois

Environmental

Protection

Agency

by

415

ILCS

5131.1(1993),

and delegated to

Sangamon

County

pursuant

to 415

ILCS

5/4

(r) (1993).

FACTS

1.

That the Respondent,

ESG

Watts,

Inc.,

an

Iowa

Corporation licensed

by the

illinois Secretary

of State

to do

business in illinois,

is the present

owner

and operator of a

facility

located

in

the

County of Sangamon,

State

of Illinois.

2.

That said Facility is a sanitary

landfill,

operating

with

an Illinois Environmental

Protection

Agency Operating

Permit, and

designated with

Site

Code

No.

1678220037.

Said

facility

is commonly known to

the Agency

as Springfield Twp./Sangamon Valley

Landfill.

3.

That

the

Respondent,

ESG

Watts, Inc.,

has owned and operated said facility at all

times pertinent hereto.

4.

That on Feburary

4,

1994,

Allen

Alexander and Jerry

Ferguson,

Solid Waste

Specialists with the Sangamon County

Department

of

Public

Health,

inspected

the above-

described 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 ofthe direct observations of Allen Alexander and Jerry Ferguson, Sangamon

County

has

determined

that

the Respondent

has conducted

a sanitary

landfill

operation

at the

above-described facility

in

a manner which

resulted

in

the following

occurrences:

A.

That on

February

4, 1994,

an on-site

inspection of said

facility disclosed the

following:

Uncovered refuse

remaining from

any

previous operating day,

or

at

the

conclusion

of

any

operating day;

Failure to

collect

and

contain litter from the

site by the

end of each

operating day;

and

Refuse in standing or

flowing water

CIVIL PENALTY

Pursuant to 415

ILCS

5/42

(b) (4)

(1993), the Respondent herein is subject to a civil penalty

of five

hundred dollars

($500.00)

for each violation

specified above

in

Paragraph

A

and

subpaparagraphs hereunder, for a total of

$1,500.00.

Additionally, should the 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, the

Respondent shall be assessed the associated hearing costs

incurred

by Sangamon County and the

Illinois Pollution Control

Board,

in

addition

to

the five

hundred dollar

($500.00)

statutory

penalty

for

each finding of violation.

Ifyou acknowledge theviolations cited hereinabove, thecivil penalty specified above shall

be

due and payable

no later

than

thirty

five

(35) days

from the

date of service of this

Administrative

Citation.

If you

do

not petition the Illinois Pollution Control Board for

review

of this Administrative

Citation within

the thirty

five

(35)

days,

or if you

elect

to

contest this

---

Administrative

Citation,

any judgment rendered

against you

shall specify the due date of the

statuatory

civil

penalty and any

costs assessed

against you.

When

payment

is made,

your check

should be

made

payable

to the Sangamon County

Department of Public Health and mailed to the attention of James D.

Stone, Director, 200 South

Ninth

Street,

Room

301,

Springfield,

Illinois,

62701.

Also,

please complete and return

the

enclosed

Remittance

Form to

assure proper documentation

of your payment.

ifany civil penalty imposed by the Illinois Pollution Control Board is not paid

within the

time prescribed

in

the Order,

interest

on such penalty shall be assessed

for

the period

from the

date payment

was

due

until the date payment was

received.

If any civil

penalty,

by

reason of

acknowledgement,

default, or

finding after adjudicatory

hearing,

is

not paid

when

due,

either

the Office

of

the Illinois Attorney

General or the Office of the Sangamon County State’s

Attorney

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 Sangamon

County and

the Illinois Pollution Control Board,

if any,

either the Attorney

General’s Office or

the State’s

Attorney’s Office

shall seek

to recover their costs of litigation.

PROCEDURE FOR CONTESTING THiS

ADMINISTRATIVE

CITATION

You

have the right

to

contest this Administrative Citation.

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 Sangamon

County Department of Public

Health.

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

must

be

filed

with

the Clerk

of the Illinois Pollution Control Board at

the State of Illinois Center,

100

West Randolph Street,

---

Suite

11-500,

Chicago,

Illinois,

60601,

and a copy of said Petition for

Review filed with

the

Sangamon County Departmentof Public Health, 200 South Ninth Street, Room 301, Springfield,

illinois,

62701.

The procedure for filing

a Petition for Review can be found in

415

ILCS 5/31.1

(1993), and

Part 101

of Title

35 of the

Illinois Administrative

Code.

Date:

7-

James D.

Stone,

Director

SANGAMON

COUNTY

DEPARTMENT

OF

P

BLIC

HEALTH

BY:________

Robert

L.

Smith

Prepared

by:

Robert L. Smith

Assistant

State’s

Attorney

Sarigamon County

State’s Attorney’s Office

200

South Ninth

Street, Room 402

Springfield,

IL

62701

(217)

753-6690

JDS/RLS/AAIBW/JF:vah

---

REMITTANCE

SANGAMON

COUNTY

)

Complainant,

)

AC

~74/

~/‘~

)

Admincitrative

Citation

)

SCDPH-94-AC-4

)

ESG WATTS,

INC.,

an Iowa Corporation,

)

)

Respondent.

)

FACILITY:

SPELl). TWP./SANGAMON

SITE

CODE:

1678220037

VALLEY LkNDFILL

COUNTY:

SANGAMON

CiVIL

PENALTY:

$1,500.00

DATE

OF INSPECTION:

February 4,

1994

DATE

1~EMfl1’ED:

__________________

S.S.#IF.E.I.N.:

_________________________

SIGNATURE:

___________________

NOTE

Please

enter the date of your remittance,

your

social

security

number (S.S.#)

if an

individual,

or your Federal Employer Identification Number (F.E.I.N.)

if a corporation,

and

sign

this

Remittance Form. Be sure

that

your check

is enclosed

and mail

with

this

form

to

James

D.

Stone, Director,

Sangamon County

Department

of Public

Health, 200

South Ninth Street,

Room

301, Springfield, Illinois,

62701.

JDS:vh