ILLINOIS POLLUTION CONTROL BOARD
May 23, 1991
LOGAN COUNTY HEALTH DEPARTMENT,
)
Complainant,
V.
)
AC 91—20
)
(Case
No. LCHD 9102—AC-2)
(Administrative Citation)
LINCOLN/LOGAN LANDFILL,
INC.,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an
April
12,
1991
filing of an Administrative Citation pursuant
to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Logan
County Health Department.
A copy of that Administrative Citation
is attached hereto,
but will not be printed
in the Board’s
Opinion Volumes.
Service of
the Administrative Citation was made
upon Lincoln/Logan Landfill on April
12,
1991.
The Logan County
Health Department alleges that on February
25,
1991,
Lincoln/Logan Landfill,
present owner and/or operator of
a
facility located
in Logan County and commonly known
to the Agency
as Lincoln/Logan Landfill, violated Sections 21(p)(5),
21(p)(1l)
and 2l(p)(l2)
of the Act.
The statutory penalty established for
each of
these violations
is $500.00 pursuant to Section 42(b)(4)
of the Act.
Lincoln/Logan Landfill 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.1(d)(2)
of the Act.
Therefore,
pursuant
to Section 3l.l(d)(l),
the Board finds
that Lincoln/Logan
Landfill has vi lated each and every provision alleged
in the
Administrative Citation.
Since there are three
(3)
such
violations,
the total penalty to be imposed
is set at
$1,500.00.
1.
It
is hereby ordered that,
unless the penalty has already
been paid, within 30 days of the date of
this Order
Lincoln/Logan Landfill shall,
by certified check
or
money
order payable
to the Logan County Health Department,
pay
a
penalty
in the amount
of $1,500.00, which
is
to be sent
to:
Director of Financial Services
Logan County Health Department
2120 W.
5th Street Road
Lincoln,
Illinois
62656
122—299
—2—
2.
Respondent shall
include the remittance form and write
the
case name and number and their social security or federal
Employer Identification Number on the certified check
or
money order.
3.
Penalties unpaid after
the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois Environmental
Prot~ectionAct.
4.
Payrn~entof this penalty does not prevent future prosecution
if
tine violation continues.
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
l9~B9,
ch. 1ll~,par.
1041, provides for appeal of
final
Orders o~the Board within
35 days.
The Rules of the Supreme
Court of
Illinois establish filing requirements.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~i’~”
day
of
~73~)
,
1991, by a vote of_____________
~
~7.
Dorothy M. Gu~, Clerk
Illinois Po1~tionControl Board
122—300