ILLINOIS POLLUTION CONTROL BOARD
December 17, 1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 92—72
)
(IEPA Docket No.
492-92-AC)
W.W. SANITATION,
INC., and
)
(Administrative Citation)
JACWIL,
INC.,
)
)
Respondents.
ORDER OF THE BOARD:
This matter comes before the Board upon an October 21,
1992
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, but will not be
printed in the Board’s Opinion Volumes.
Service of the
Administrative Citation was made upon W.W. Sanitation and Jacwil
on October 21 and October 23,
1992 respectively.
The Agency
alleges that on August 27,
1992, W.W. Sanitation and Jacwil,
present owners and/or operators of a facility located in Pike
County and commonly known to the Agency as New Salem/W.W.
Sanitation Landfill, violated Sections 21(o)(1), 21(o)(5),
21(0) (9) and 21(o) (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.
W.W. Sanitation and Jacwil 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 31.1(d) (2)
of the Act.
Therefore,
pursuant to Section 31.1(d) (1), the Board finds that W.W.
Sanitation and Jacwil has violated each and every provision
alleged in the Administrative Citation.
Since there are four
(4)
such violations, the total penalty to be imposed is set at
$2,000.00.
1. It is hereby ordered that, unless the penalty has already been
paid, within 30 days of the date of this order W.W. Sanitation
and Jacwil shall,
by certified check or aoney order payable to
the State of Illinois and designated for deposit into the
Environmental Protection Trust Fund, pay a penalty in the
amount of $2,000.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
0 138-.O 193
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
this violation continues.
Section
41
of the Environmental Protection Act,
Ill. Rev.
Stat. 1989,
ch.
111½, 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
Boar
ereby certi
that the
bove order was adopted on the
_______day of
,
1992, by a vote of_________
0138-OI9L~
Control Board