ILLINOIS POLLUTION CONTROL BOARD
    February
    23, 1989
    IN THE MATTER OF:
    )
    COMMUNITY LANDFILL COMPANY,
    )
    AC 89-6
    )
    (IEPA Docket No. 9357—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before
    the
    Board upon
    a January
    9,
    1989
    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 Community Landfill Company
    on January
    7,
    1989.
    The Agency alleges that Community Landfill
    Company has violated Section 2l(p)(5) of the Act.
    The statutory
    penalty established
    for this violation
    is $500.00 pursuant to
    Section 42(b)(4)
    of the Act.
    Community Landfill 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 3l.l(d)(l),
    the Board
    finds that Community
    Landfill Company has 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
    Community
    Landfill County 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.
    96—359
    —2—
    I,
    Dorothy
    M.
    Gui-rn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify
    t
    t
    the above Order was adopted on the
    2.~’,4-c~C
    day of
    ,
    1989,
    by a vote of
    7
    ~
    Dorothy M.AXlnn, Cler~k
    Illinois Pb’llution Control Board
    96~36fl
    ~ft~iL~
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    ~
    ~
    1989
    ADMINISTRATIVE CITATION
    _iL
    S1AT~OF ~Lt’~O~S
    POlLUTION
    CONTP(H.
    B~ARU
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    Ac
    ~-(~
    V.
    )
    IEPA DOCKET NO. 9357-AC
    COMMUNITY
    LANDFILL CO.,
    )
    a corporation,
    )
    Respondent.
    )
    JURISDICTION
    This Administrative Citation
    is
    issued pursuant to authority vested
    in the
    Illinois Environmental Protection Agency by Public Act 84—1320
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par.
    1031.1).
    FACTS
    1.
    That Respondent
    is the present operator of
    a facility located
    in the County of
    Gruridy,
    State of Illinois.
    2.
    That said facility
    is operated as
    a
    sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No.
    1974-22-OP.
    and designated with Site Code No.
    0630600001.
    Said facility
    is commonly known
    to the Agency as
    Community Landfill.
    3.
    That Respondent has owned or operated said facility at
    all
    times pertinent hereto.
    4.
    That on November
    23, 1988,
    Phyllis
    Reed,
    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.
    96—3~l
    VIOLATIONS
    On the basis of direct observation of Phyllis
    Reed, 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.
    1987,
    ch.
    111½,
    par. 1021(d),
    in
    a manner which
    resulted in
    the following
    conditions:
    A.
    That on November
    23,
    1988 an on-site inspection of said sanitary
    landfill
    facility and
    a review of Illinois Environmental
    Protection
    Agency files and records
    of said facility, disclosed the following:
    (i)
    Uncovered refuse remaining from a previous operating
    day,
    in violation of Ill.
    Rev.
    Stat. 1987,
    ch.
    111½,
    par.
    102l(p)(5).
    CIVIL PENALTY
    Pursuant
    to Public Act 84-1320
    (Ill.
    Rev. Stat.
    1987,
    ch.
    111½,
    par.
    1042(b)(4)),
    Respondent herein
    is subject to
    a
    civil
    penalty of
    Five Hundred Dollars
    ($500.00) for the violation specified above
    in
    Paragraph A(i).
    Additionally, should Respondent elect
    to petition
    the Illinois Pollution Control
    Board under the review process described
    hereinbelow,
    arid if there
    is
    a finding of
    the violation alleged herein,
    after
    an adjudicatory hearing, Respondent
    shall
    be assessed the associated
    hearing costs
    incurred by the Illinois Environrnenta~ Protection Agency
    and the
    Illinois Po~11utionControl
    Board,
    in addition to the
    Five Hundred
    Dollar ($500.00) statutory penalty for
    a finding of violation.
    2
    96—362
    If you acknowledge the violation cited hereinabove, the civil
    penalty specified above shall
    be due and payable no
    later than February
    21,
    1989.
    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
    06—363
    fROCEDURE
    FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation.
    See
    Public Act 84—1320 (Ill.
    Rev.
    Stat.
    1987,
    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.
    ~i~~/’
    (~
    i~
    ~
    Bernard
    P.
    Killian, Director
    Illinois Environmental Protection Agency
    Prepared
    by:
    William Seltzer
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL
    62794-9276
    (217)782—5544
    Date:
    January 5,
    1989
    4
    96—364
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    ~
    AFFIDAVIT
    1)
    JAN-91989
    ~
    -j~i
    IN
    THE
    MATTER
    OF:
    )
    ~oii~~
    CC~T~(R92~2.._J
    COMMUNITY LANDFILL CO.,
    )
    IEPA DOCKET NO.
    9357-AC
    a corporation,
    )
    Respondent.
    )
    Affiant,
    Phyllis
    A.
    Reed,
    being
    first
    duly
    sworn,
    voluntarily
    deposes and states
    as follows:
    1.
    Affiant is
    a field inspector employed by the Land Pollution
    Control Division of the Illinois Environmental Protection Agency
    arid
    has been so employed at all times pertinent hereto.
    2.
    On November 23,
    1988,
    between 6:20 AN and 8:10 AN, Affiant
    conducted an inspection of the sanitary landfill
    in Grundy County,
    Illinois, known as Community Landfill Company,
    Illinois
    Environmental Protection Agency Site No.
    0630600001,
    operating under
    IEPA Permit No.
    1974-22-OP.
    3.
    Affiant inspected said Morris—Community Landfill site by an
    on—site inspection which included walking the site and interviewing
    personnel.
    4.
    Before and/or after said inspection of
    said landfill site,
    Affiant reviewed Illinois Environmental Protection Agency permits
    issued
    to
    the
    subject
    site
    and
    investigated
    into
    whether
    or
    not
    required
    documents
    were
    timely filed
    on
    behalf
    of
    the
    subject
    site.
    96-365
    5.
    As
    a result of the activities referred to in Paragraphs
    3
    and
    4
    above,
    Affiant
    completed
    the
    Inspection
    Report
    form
    attached
    hereto
    and
    made
    a
    part
    hereof,
    which,
    to
    the
    best
    of
    Affiant’s
    knowledge
    and
    belief,
    is
    an accurate representation of Affiant’s
    observations and factual conclusions with respect to said
    Morris—Community Landfill.
    2949B
    thi
    Subscribed
    and
    Sworn
    to
    before
    me
    Lay
    of
    ,
    1988.
    Notary Public
    96—366
    @E~nqr,
    ILLINOIS ENVIRONMENTAL PROTECTION AGE~(\I
    Jt~
    -
    9
    i989
    ftJ9
    REMITTANCE
    FORM
    --
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY
    ~
    1
    ~:~c
    v.
    )
    IEPA
    DOCKET
    NO.
    9357-AC
    )
    COMMUNITY
    LANDFILL
    CO.
    )
    a corporation,
    )
    )
    Respondent.
    )
    FACILITY:
    Community Landfill
    SITE CODE NO:
    0630600001
    COUNTY:
    Grundy
    CIVIL PENALTY:
    $500.00
    DATE OF INSPECTION:
    November 23, 1988
    DATE REMITTED:
    __________________________
    SIGNATURE:
    _________________________________
    NOTE
    Please enter the date of your remittance and
    sign this Remittance
    Form.
    Be
    sure your check is enclosed and mail, along with Remittance
    Form,
    to
    Illinois Environmental Protection Agency, Attention:
    Fiscal Services,
    2200 Churchill
    Road, P.O.
    Box 19276, Springfield,
    Illinois
    62794-9276.
    96—367

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