ILLINOIS POLLUTION CONTROL BOARD
September
22,
1989
IN THE MATTER OF:
WASTE MANAGEMENT OF
)
AC 88—52
ILLINOIS,
INC.,
)
(IEPA Docket No. 8994—AC)
Respondent.
ORDER OF THE BOARD
(by
3.
Anderson):
This matter comes before the Board upon a May 16,
1988
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 Waste Management
of
Illinois,
Inc.
(WMI)
on May 16,
1988.
The Agency alleges
that
WMI has violated Section 21(p)(5)
of the Act.
The statutory
penalty established for
this violation is $500.00 pursuant to
Section 42(b)(4) of the Act.
On June 16,
1988, WMI
filed
a Petition for Review with the
Clerk
of the Board within
35 days of the date of service as
allowed by Section 3l.1(d)(2)
of the Act.
On September
19, WMI
filed a motion to dismiss, and filed an amended motion on
September
21.
The motion
to dismiss
is hereby granted.
Pursuant to Section 3l.1(d)(l),
the Board finds that WMI
violated the provision alleged
in the Administrative Citation.
Since
there
is one
(1)
such violation,
the total penalty to be
imposed
is set at $500.00.
It
is hereby ordered
that, unless the penalty has already
been paid, within
30 days of
the date of this Order WMI
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 $500.00 which
is to be
sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT IS SO ORDERED.
92—509
—2—
I, Dorothy M. Gunn, Clerk of
the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
~
day of
~
,
1988, by a vote of
7-c~
DoroEhy M.IGunn, Clerk
Illinois Pollution Control Board
92—510
E~
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1 6 ~988
SlAtE
O~
ILLINOIS
ADMINISTRATIVE CITATION
•
IN THE
MATTER
OF:
)
Ic
~ff~
Waste Management of Illinois, Inc.,
IEPA DOCKET
NO.
8994-AC
a Delaware corporation licensed.to
do business
in
Illinois,
)
)
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.
111½,
par. 1031.1).
FACTS
1.
That
Respondent
is
the
present operator of a facility located
in the County of Kankakee,
State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1974-73-OP,
and
designated
with
Site
Code
No.
0910550006.
Said facility is commonly known to the Agency
as Kankakee Landfill.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
April
15, 1988,
Darren Brumfield,
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.
92—511
VIOLATIONS
On
the
basis
of direct observation of Darren
Brumfield,
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
manner which
resulted
in
the
following
conditions:
A.
That
on
April
15,
1988,
said
sanitary
landfill
facility operated
with
uncovered
refuse
remaining
from
a
previous
operating
day,
in
violation
of
Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
lO2l(p)(5).
CIVIL PENALTY
Pursuant
to
Public
Act
84—1320
(Iii.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
l042(b)(4)),. Respondent herein
is
subject to
a civil
penalty
of
Five
Hundred
Dollars
($500.00)
for each
violation
specified
above
in
Paragraph A.
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 violation
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
92—5 12
If
you
acknowledge
the
violations
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
June
20,
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
existinq
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 thepreviously 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
92—513
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
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
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 Direct
Illinois Environmental
Protection Agency
Date:
May 11, 1988
rcg :A-05
92—5 14