ILLINOIS POLLUTION CONTROL BOARD

June

20,

1991

COUNTY OF JACKSON,

Complainant,

v.

)

AC 91—23

)

(Case No.

None)

)

(Administrative Citation)

EVERETT ALLEN d/b/a ALLEN

)

WASTE MANAGEMENT,

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a May 6,

1991 filing

of an Administrative Citation pursuant to Section 31.1 of the

Illinois Environmental Protection Act

(Act)

by the County of

Jackson.

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 Everett

Allen on May 7,

1991.

The County of Jackson alleges that on

April

11,

1991,

Everett Allen,

present owner and/or operator

of

a

facility located

in Jackson County, and commonly known to the

Agency as Desoto/Allen No.

2, violated Section 21(p)(ll) of the

Act.

The statutory penalty established for this violation is

$500.00 pursuant

to Section 42(b)’(4) of the Act.

Everett Allen 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.l(d)(1),

the Board finds that Everett Allen 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.

1.

It

is hereby ordered that,

unless the penalty has already

been paid, within

30 days of the date of this Order Everett

Allen shall,

by certified check or money order payable to the

Jackson County Treasurer, pay a penalty

in the amount of

$500.00 which

is

to be sent to:

Shirley Booker

Jackson County Treasurer

Jackson County Courthouse

Murphysboro, Illinois

62966

---

—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

Protection Act.

4.

Payment of this penalty does not prevent future prosecution

if the violation continues.

Section

41

of

the

Environmental

Protection

Act,

Ill.

Rev.

Stat.

1989,

ch.

ll1~,

par.

1041,

provides

for

appeal

of

final

Orders of 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 certif

that the above Order was adopted on the

~‘~‘zZ~

day of___________________

,

1991, by a vote of

7—d

I

Pa

tion Control Board

---

BEFORE THE ILLINOIS POLLUTION CONTROL

ADMINI’JTkA’VIVI’

CIJATION

~~1HA~6J99I

COUNTY OF JACKSON,

)

)

~oaui~oN

~

Complainant,

AC-9l-~3

EVERETT

ALLEN

d/b/a/

)

ALLEN WASTE MANAGEMENT,

)

JURISDICTION

This

Administrative

Citation

is

issued

pursuant

to

the

authority vested

in the Illinois Environmental Protection Agency

by the provisions

of

Chapter

11.

1/2,

Section

1031.1,

Revised Statutes,

1990,

to

Chapter

111

1/2,

Section

1004(r)

and

DELECATION

between the Illinois Environmental Protection Agency

County, dated March

2,

1.

Respondent,

is the present operator of

a

facility located

2.

Said

facility

is

operated

as

a

sanitary

1976-44—OP,

and designated with Site Code No.

077 0200002.

facility

is commonly known to the agency as DeSoto/Allen No.

3.

pertinent hereto.

4.

On

April

11,

1091,

George

Browning,

Field

Jackson County Health

Department,

inspected the above

described

sanitary landfill.

A copy of the Inspection Report setting forth

the results of such inspection is attached hereto and made a part

hereof, marked Exhibit A.

VIOLATIONS

On the basis of direct observation of George Browning,

the

County of Jackson has determined that Respondent was conducting

a

sanitary landfill operation at the above described facility, which

is required to have a permit pursuant to Illinois Revised Statutes,

1090, Chapter 111 1/2, Section 1021(d),

in a manner which resulted

in the following conditions.

A.

Inspection of said sanitary landfill facility on April 11,

1091, disclosed the following:

1.

Said

Respondent

is

operating

said

sanitary

landfill

while

failing

to

submit

reports

required by

permits or

Board Regulations.

The Respondent has not

submitted

an

approved closure/post

closure

plan.

In

violation of Illinois Revised Statutes, 1990, Chapter 111

1/2, Section 1021(p) (11)

of the Act.

CIVIL PENALTY

Pursuant to Illinois Revised Statutes,

1990, Chapter 111 1/2,

Section 1042(b) (4), Respondent herein is subject to a civil penalty

of

five hundred

dollars

($500.00)

for

each violation

specified

above

in Paragraph

A(1),

for

a

total

of

five

hundred

dollars

($500.00).

Additionally, should you elect to petition the Illinois

---

Pollution Control

Board under the review process described herein

below 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.

If you acknowledge

the violations

cited

herein

above,

the

civil penalties specified above shall be due and payable no later

than June

7,

1991.

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

Jackson County Treasurer and mailed to the attention of Shirley

Booker,

Jackson

County

Treasurer,

Jackson

County

Courthouse,

Murphysboro, Illinois,

62966.

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 Jackson County

State’s Attorney may initiate proceedings

in

Circuit Court to collect

said civil penalty.

In addition to the

---

previously assessed civil penalty and hearing costs of the Illinois

Pollution Control Board,

if any,

the State’s Attorney will seek to

recover his costs of litigation.

---

You have the right

to contest this Administrative Citation.

ache Illinois Revised Statutes,

1990,

Chapter

111

1/2,

Paragraph

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 Jackson County State’s Attorney,

attention W.

Charles

Grace

at

the

Jackson

County

Courthouse,

Murphysboro,

Illinois,

62066.

Such Petition

for Review ~

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 State’s

Attorney at the Jackson County Courthouse,

Murphysboro, Illinois,

62966.

I/~i~.

~

W.

Charles Grace

Jackson County State’s Attorney

DATED this 3rd day of May,

1091.

---

REMITTANCE FORM

COUNTY

OF

JACKSON,

)

)

)

Complainant,

)

)

AC

91—23

V.

)

(County No. None)

)

EVERETT

ALLEN

d/b/a

ALLEN

)

WASTE

MANAGEMENT,

)

)

)

Respondent.

)

FACILITY:

Desoto/Allen #2

SITE CODE NO.:

0770200002

COUNTY:

Jackson

CIVIL PENALTY:

$500.00

DATE OF INSPECTION:

April

11, 1991

DATE REMITTED:____________________________

SS/FEIN

NUMBER:___________________________

SIGNATURE:_______________________________

NOTE

Please enter the date of your remittance, your Social Security

number

(SS)

if an individual,

or Federal i~mployerIdentification

Number

(FEIN)

if a corporation, and sign this Remittance Form.

Be sure your check is enclosed and

mail,

along with Remittance

Form to:

Shirley Booker, Jackson County Treasurer, Jackson

County Courthouse, Murphysboro, Illinois