ILLINOIS POLLUTION CONTROL BOARD
    August
    18, 1988
    IN THE MATTER OF:
    CENTRAL ILLINOIS DISPOSAL
    )
    AC 88—71
    COMPANY,
    )
    (IEPA Docket No. 9091—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a July 14,
    1988
    filing of
    an Administrative Citation pursuant
    to Section 31~1of
    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 Central Illinois Disposal
    Company
    on July 12,
    1988.
    The Agency alleges
    that Central
    Illinois Disposal Company
    has violated Sections 21(p)(5) and
    2l(p)(12)
    of the Act.
    The statutory penalty established
    for each
    of these violations
    is
    $500.00 pursuant
    to Section 42(b)(4)
    of
    the Act.
    Central Illinois Disposal Company 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 3l.l(d)(2)
    of
    the Act.
    Therefore, pursuant
    to Section 31.1(d)(l),
    the Board finds that
    Central Illinois Disposal Company has violated each and every
    provision alleged in the Administrative Citation.
    Since there
    are two
    (2) such violations, the total
    penalty
    to be imposed
    is
    set
    at $1,000.00.
    It
    is hereby ordered
    that,
    unless the ~ena1ty
    -has already
    been paid, within
    30 days
    of
    the date of this Order Central
    Illinois Disposal Company 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 $1,000.00 which
    is
    to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT
    IS SO ORDERED.
    91—415
    —2—
    I,
    Dorothy M.
    Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted
    on the
    /JZ
    day of
    ,
    1988,
    by
    a vote of
    ~
    *.
    Dorothy
    M. c~fnn,Clerk
    Illinois Pollution Control Board
    91—416
    ~fl
    1~L~°~’~
    1988jU
    ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY
    ~1L~’~IOARD
    ADMINISTRATIVE CITATION
    IN THE
    MATTER
    OF:
    )
    CENTRAL
    ILLINOIS DISPOSAL COMPANY,
    )
    IEPA NO. 9091-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. 1l1~,par.
    1031.1).
    FACTS
    1.
    That Respondent, Central
    Illinois Disposal
    Company,
    is
    the
    present operator of
    a facility located
    in the County of Woodford,
    State
    of Illinois.
    2.
    That said facility
    is
    operated as
    a sanitary landfill, operating
    under Illinois Environmental
    Protection Agency Operating Permit
    No.
    1975-76, and desiqnated with Site Code No.
    2038080002.
    Said faculty
    is commonly known
    to the Agency as
    Woodford-Marshall County Sanitary
    Landfill.
    3.
    That Respondent has operated said facility at all
    times pertinent
    hereto.
    4.
    That on May 25,
    1988, Timothy Case, 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.
    91—417
    VIOLATIONS
    On
    the basis
    of direct observation of Timothy Case,
    the Illinois
    Environmental 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 mariner which resulted
    in the following
    conditions:
    A.
    On May 25,
    1988,
    daid landfill
    had uncovered refuse
    remaining
    from
    a previous operating day,
    in violation of
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    111½, par.
    lO2l(p)(5).
    B.
    On May 25,
    1988, daid landfill
    had failed
    to collect and
    contain litter from the site by the end of
    a
    previous operating day,
    in violation of Ill.
    Rev.
    Stat.
    1985,
    ch.
    111½, par.
    lO2l(p)(12).
    CIVIL
    PENALTY
    Pursuant
    to Public Act 84-1320 (Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111½, par.
    1042(b)(4)), Respondent herein
    is subject
    to
    a
    civil penalty
    of Five Hundred Dollars ($500.00) for each violation specified above
    in Paragraphs A and
    B,
    for
    a
    total
    of One Thousand
    ($1,000..O0) Dollars.
    Additionally, should you elect
    to petition the Illinois Pollution Control
    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.
    2
    91—418
    If you acknowledge the
    violations cited hereinabove,
    the civil
    penalty specified above shall
    be due and payable no
    later than August
    16,
    1988.
    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, 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.
    Furthermore,
    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.
    3
    91—419
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE
    CITATION
    You have the right to contest this Administrative Citation.
    See
    Public Act 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
    tPrirty-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
    60601;
    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.
    Bernard
    P.
    Killian, Acting Director
    Illinois Environmental Protection Agency
    Date:
    July 8,
    1988
    4
    91—42~)

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