ILLIi~OISPOLLUTION CONTROL BOARD
July
16,
1987
IN THE MATTER OF:
)
MODERN BUSINESS DISPOSAL,
INC.
)
AC 87—49
(IEPA Case No.
8408—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon a June
8, 1987
filing
of an Administrative Citation pursuant to Section 31.1 of
the
Illinois Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency
(Agency).
A copy of that
Administrative Citation
is attached hereto.
Service of the
Administrative Citation was made upon Modern Business Disposal on
June
4,
1987.
The Agency alleges
that Modern Business Disposal
has violated Sections 2l(p)(5),
21(p)(6),
21(p)(2)
and 2l(p)(ll)
of the Act.
The statutory penalty established for each of these
violations
is $500.00 pursuant to Section 42(b)(4)
of the Act.
Modern Business Disposal 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.l(d)(2)
of the Act.
Therefore,
pursuant
to Section 31.1(d)(l),
the Board
finds that Modern Business
Disposal has violated each and every provision alleged
in the
Administrative Citation.
Since there are four
(4)
such
violations,
the total penalty to
be imposed
is set at
$2,000.00.
It
is hereby ordered
that, unless the penalty has already
been paid, within 30 days of the date of this Order Modern
Business Disposal shall,
by
certified
check or money order
payable
to the State of Illinois and designated
for deposit into
the Environmental Protection Trust
Fund, pay a penalty
in the
amount of $2,000.00 which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
79-179
—2---
I,
Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certif
th t
the above Order was adopted on the
/~—
day of
,
1987 by a vote
of
~‘~‘
Dorothy
M. GAnn,
Clerk’
Illinois Pollution Control Board
79-180
LLINOIS ENVIRONMENTAL PROTECTION AGEt~CY
~
ADMINISTRATIVE CITATION
~TATEOF
ILUN0!S1~
POttUrI~N
C0t~TROL
BOA~
I1~
THE
MATTER
OF:
)
IIODERN BUSINESS DISPOSAL,
INC.
)
IEPA DOCKET
NO. 8408-AC
an
Illinois corporation,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant to the authority
vested
in the
Illinois Environmental
Protection Agency by Public Act
84—1320 (Ill.
Rev.
Stat.
1986,
Supp.,
ch.
l11’~, par.
1031.1).
FACTS
1.
That Respondent,
an
Illinois corporation,
is the present
operator of
a facility located
in the County of
Marion,
State
of
Illinois.
2.
That said facility
is operated
as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating
Permit
No.
1977—22—OP. and designated with Site Code No. 1218130007.
Said facility
is commonly
known
to the Agency as Salem/Salem Community #2, L.F.
3.
That Respondent has operated said facility at
all
times pertinent
hereto.
4.
That on April
16,
1987,
Randy Ballard, of the Illinois Environmental
Protection Agency, inspected the above-described landfill facility.
A copy of the inspection report setting forth the results of such inspection
is attached hereto and
made
a part hereof.
79-181
VIOLATIONS
On the basis of direct observation of Randy Ballard,
the Illinois
Ehlironnlental Protection Agency has determined that Respondent was
conducting
a
sanitary landfill operation at the above-described facility,
which
is
required to have
a permit pursuant
to
Ill.
Rev.
Stat.
1985,
ch.
111½, par.
1021(d),
in
a manner which
resulted
in the following
conditions:
A.
On April
16,
1987,
operated said sanitary landfill with un-
covered refuse
remaining from
a previous operating day,
in violation
of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(5).
B.
On April
16,
1987, operated said sanitary landfill while
having failed
to provide
final
cover within time limits established
by Board Regulations,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(6).
C.
On April
16,
1987,
operated said sanitary
landfill
in
a manner
which resulted in leachate flow entering waters of the
State,
in viola-
tion of
Ill.
Rev.
Stat.
1986 Supp.,
oh.
111½,
par.
lO2l(p)(2).
D.
On April
16,
1987, operated said sanitary landfill while
having failed
to submit financial assurance documents required by Board
Regulations,
in
violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(ll).
CIVIL PENALTY
Pursuant
to Public Act 84—1320
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. l042(b)(4)),
Respondent herein
is subject
to
a civil
penalty
~
Five Hundred Dollars
($500.00) for each violation specified above
2
79-182
ir
Paragraphs A through
D,
for
a total
of Two Thousand
($2,000.00)
D’~1ars. Additionally,
should you elect to
petition
the Illinois Pollution
Ceitrol
Board under the
review process described hereinbelow,
and
if
there
is
a finding of the violations alleged herein, after an adjudicatory
hearing, you shall
be assessed the associated hearing costs incurred
by
the Illinois Environmental
Protection Agency and the Illinois Pollution
Control
Board,
in addition
to the Five Hundred Dollar ($500.00) statutory
penalty for each finding of violation.
If you acknowledge the violations cited hereinabove, the civil
penalty specified above
shall
be due
and payable
no later than July
16, 1987.
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, your check should
be made payable
to the
Illinois Environmental Protection Trust fund
and mailed to the attention
of Fiscal Services, Illinois Environmental Protection Agency, 2200
Churchill Road,
P.O. Box 19276, Springfield,
Illinois 62794-9276.
Also,
please complete
and return
the enclosed Remittance
Form, along
with your payment, to assure proper documentation of payment
If any civil
penalty,
be reason of acknowledgment, default or
finding after adjudicatory hearing,
is not paid when due;
the Illinois
Environmental Protection Agency shall
take into consideration such
f3ilure
to pay during
any permit review process
upon your application
for
a new permit or for renewal
of an existing
permit.
Furthermore,
3
79.183
if payment
is not received when due,
the Offices of the Illinois Attorney
General
shall
be requested to initiate proceedings
in Circuit Court
to
collect said civil
penalty.
In addition
to the previously assessed
civil
penalty, and hearing costs
of the Illinois Environmental Protection
Agency and the
Illinois Pollution Control
Board,
if any; the Attorney
General’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.
See
Pu~licAct 84-1320 (Ill.
Rev.
Stat.
1986 Supp.
,
ch.
111½, par.
1031.1).
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
Illinois Environmental Protection Agency.
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—500, Chicago,
Illinois
60501; and,
a copy of said Petition for Review filed with the Illinois
Environmental Protection Agency
at 2200 Churchill
Road,
P.O.
Box 19276,
Springfield,
Illinois
62794-9276,
Attention:
Enforcement Services.
j(~(
~.
Richard
J.
Carlson, Director
(~—~“~
Illinois Environmental
Protection Agency
Dace:
June
3,
1987
4
79-184