ILLINOIS POLLUTION CONTROL BOARD
October 6,
1994
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 94—69
(IEPA No.
408—94-AC)
(Administrative Citation)
GALLATIN NATIONAL COMPANY,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the August
12,
1994
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 Gallatin National Company
on August
8,
1994.
The Agency alleges that on July 15,
1994,
Gallatin National Company, present owner and/or operator of a
facility located in Fulton County and commonly known to the
Agency as Fairview/Gallatin National Company, violated Section
21(o) (5) of the Act.
The statutory penalty established for this
violation is $500.00 pursuant to Section 42(b)(4) of the Act.
Gallatin National 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 31.1(d) (2) of the Act.
Therefore,
pursuant to Section 31.1(d) (1), the Board finds that Gallatin
National 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.
1. It is hereby ordered that,
unless the penalty has already been
paid, within 30 days of the date of this Order Gallatin
National Company shall, by certified check or money order
payable to the Illinois 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,
P.
0. Box 19276
Springfield, Illinois 62794—9276
2. Respondent shall include the remittance form and write the
case name and number and its social security or federal
2
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.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
(415 ILCS 5/41
(1992)), provides for appeal of final orders of the Board within
35 days.
The Rules of the Supreme Court of Illinois establish
filing requirements.
(See also 35 Ill. Adm. Code 101.246,
Motions for Reconsideration.)
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify t~t he above order was adopted on the
~
day of
,
1994,
by a vote of
tc-o
.
-
/
~/
/)
Dorothy M.,~unn,Clerk
Illinois ~
lution Control Board
BEFORE THE
IlLINOIS POLLUTION CONTROL BOARD
AUG
1 2 1994
ADMINISTRATIVE CITATION
~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
3
AC
___________________
)
(IEPA No.
408-94’-AC
)
v.
)
)
GALLATIN NATIONAL COMPANY,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant to authority vested in
the Illinois Environmental Protection Agency by 415 ILCS 5/31.1,
1992;
Iii.
Rev.
Stat.
ch.
111½,
para.
1031.1.
FACTS
1.
That
Respondent, Gallatin
National Company,
is the present operator of a
facility located in the County of Fulton, State of Illinois.
2.
That said facility
is operated as a sanitary landfill,
operating
under Illinois
Environmental
Protection Agency Operating Permit No. 1991-05-
LF, and designated with Site Code No. 0578080002.
Said facility
is comonly
known to the Agency as Fairview/Gallatin National Company.
3.
That Respondent has owned or operated said facility at
all times
pertinent hereto.
4.
That on June 15,
1994,
Lawrence Dutton, 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.
VIOLATIONS
On the basis of direct observation of Lawrence Outton, 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 415 ILCS 5/21(d),
1992;
Ill. Rev.
Stat.
ch.
111½,
par.
1021(d),
in a manner which resulted in
the following
conditions:
A.
That on June 15,
1994 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:
(1)
Uncovered refuse remaining from a previous operating day,
in
violation of 415
ILCS 5/21(0) (5),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1021(o)(5).
CIVIL PENALTY
Pursuant to 415
ILCS 5/42(b)(4),
1992;
Iii.
Rev.
Stat.
ch.
111½,
para.
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,
for a total
of Five Hundred Dollars ($500.00).
Additionally,
should
Respondent elect to petition the
Illinois Pollution Control Board under the
review process described hereinbelow, and if there
is a finding of the
violations alleged herein, after an adjudicatory hearing, Respondent 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 hereinabove, the civil penalty
specified above shall
be due and payable no later than September
16,
1994.
If
2
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.
If any
civil penalty imposed by the Illinois Pollution
Control Board
is not paid within the time prescribed
in the order,
interest on
such penalty will be assessed for the period from the date payment is due
until
the date payment is received.
Furthermore,
if payment is not received
when due,
the Office 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, interest, 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
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~
415
ILCS 5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111½, para.
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:
Division of Legal
Counsel.
~
..~
~
Mary A.
Gade, Director
Illinois Environmental
Protection Agency
Prepared by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield,
Illinois
62794-9276
(217)782—5544
Date:
1~-~2
94/
4
REMITTANCE
FORM
RECEIVED
AUG
1
2
1994
STATE
OF
LLiN~
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
POLLUTION CONrpO~”~oApD
Complainant,
~d6
~2/~
v.
~PA408-94-AC
/
GALLATIN NATIONAL COMPANY,
Respondent.
FACILITY:
Fairview/Gallatin National Company
SITE CODE NO.:
0578080002
COUNTY:
Fulton
CIVIL
PENALTY:
$500.00
DATE OF INSPECTION:
June
15,
1994
DATE
REMITTED:
____________________
SS/FEIN NUMBER:
_____________________
SIGNATURE:
___________________
NOTE
Please enter the date of your remittance, your Social Security number
(SS)
if
an individual
or Federal Employer Identification Number
(FEIN) if a
corporation, and sign this Remittance Form.
Be sure your check is enclosed
and mail,
along with Remittance Form,
to Illinois Environmental Protection
Agency, Attn.:
Fiscal
Services, 2200 Churchill
Road,
P.O. Box 19276,
Springfield, Illinois
62794-9276.
5