REc~VEE
    CLERK’S
    OFFICE
    BEFO~
    THE
    ILL~OIS.POLLUTIONCONTROL BO~
    JUN
    202003
    ADMrNISTRATIVE
    CITATION
    STATE OF IWNOIS
    PollutIon Control Board
    COUNTY OF
    VERMILION, ILLINOIS,
    )
    )
    Complainant,
    )
    AC.No. ~
    ~
    )
    V.
    )
    County File No. 03-01
    )
    BRJCKYARD DISPOSAL AND RECYCLING,
    )
    INC.,
    .
    .
    .
    )
    Respondent.
    )
    .
    MOTION TO
    STRIKE
    N~owcome the COUNTY OF VERMILION, ILLINOIS, by and through their
    Attorney, Jennifer Riggs, Assistant
    State’s Attorney for Vermilion County, Illinois, and
    pray this Illinois
    Pollution. Control Board strike a certain violation in the previously filed
    administrative citation.
    In support ofsaid motion
    it is alleged as follows:
    1.
    An administrative citation with the above caption and Vermilion County File
    No.. 03-0 1
    was filed with the Illinois Pollution Control Board.
    2.
    The same administrative citation was served upon the Respondent, Brickyard
    Disposal and Recycling,
    Inc. on May 16,
    2003.
    3.
    The administrative citation cited Respondent for the
    following violations:
    A.
    uncovered refuse
    from a previous operating day was present at the
    site at the time of the above-~mèntionedobservations and inspection,
    in violation of section 21(o)(12) ofthe Act, 415 ILCS
    5/21(o)(12),
    which piovides no person shall conduct a sanitary landfill operation.
    in a manner which results in
    uncovered refuse remaining from any
    previous
    operating day;
    B.
    the gas collection system at the site was not designed and operated
    in
    a way that ensured the methane concentration
    standards were not
    exceeded, in violation of35 Illinois.Administrative
    Code
    811.311 (d)(2), which provides the operator shall design and operate
    the gas
    collection
    system so that
    the standards of subsections
    (a)(i), (a)(2), and (a)(3), which pertain to methane concentration;
    will not be exceeded.
    4.
    Violation B ofthe administrative citation was incorrectly included
    in the
    adrninistrativ&citation.
    The inclusion was incorrect because such
    a
    violation
    is not subject to. administrative citation.
    5.
    Complainant requests that Violatjon B be stricken from the administrative
    citation.
    ...
    .
    WHEREFORE; the COUNTY OF VERMILION, ILLINOIS, pray this Illinois
    Pollution Control Board
    to strike Violation B ofthe administrative citation with
    above caption and Vermilion Count~No.03-01.
    COHNTY OF VERMILION, ILLINOIS
    Je4~s~
    Ass~tànt
    tate’sAtto
    ey
    Office ofthe State’s Attorney
    7 N. Vermilion St.
    Danville, Illinois 61832
    217-554-7750

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