ILLINOIS POLLUTION CONTROL BOARD

June 15,

1995

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

 AC 95—31

)

 (IEPA No.

 269—95—AC

(Administrative Citation)

LAXE

 COUNTY GRADING OF

)

LIBERTYVILLE,

 INC.,

Respondent.

ORDER OF THE

BOARD:

This matter comes before the Board upon the May 3,

1995

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 Lake County Grading of

Libertyville,

 Inc.

 (Lake County Grading)

 on May

1,

 1995.

The

Agency alleges that on March

3,

 1995, Lake County Grading,

present owner and/or operator of a facility located in Lake

County and coimnonly known to the Agency as Lake County Grading,

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.

Lake County Grading 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 Lake County Grading, 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 Lake County

Grading, by certified check or money order payable to the

Illinois Environmental Protection Trust Fund,

 shall pay a

penalty in the amount of $500.00, which is to be sent to:

Fiscal Services

Illinois Environmental Protection Agency

2200 Churchill Road,

P.

 0. Box 19276

Springfield, Illinois 62794—9276

2. Respondent shall include the remittance form and write the

2

case name and number and his 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.

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 M. Gunn,

 Clerk of the Illinois Pollution Control

Boaç~,hereby certify ,t~atthe above order was adopted on the

‘~-

 day of

 1995,

 by a vote of

Thorothy M.

 c~4~in,Clerk

Illinois PqlLution Control Board

‘-I

r~EWEDi

MAY

-31~95

BEFORE

THE

ILLINOIS

 POLLUTION CONTROL BOARD

___________

ADMINISTRATIVE CITATION

ILLINOIS

ENVIRONMENTAL

 PROTECTION AGENCY,

Complainant,

)

AC

~‘

)

(IEPA

No.

269-95-AC)

v.

)

LAKE

 COUNTY GRADING of LIBERTYVILLE,

 INC.,)

Respondent.

)

JURISDICTION

This Administrative Citation

 is issued pursuant to authority vested in

the Illinois Environmental

 Protection Agency by 415

 ILCS 5/31.1,

 (1992).

FACTS

1.

 That Respondent, Lake County Grading of Libertyville,

 Inc.,

 is the

present operator of a facility located

 in the County of Lake,

 State of

Illinois.

2.

 That said facility is operated

 as a sanitary landfill,

 operating

under Illinois

 Environmental Protection Agency Operating Permit No. 1972-29-

OP, and designated with Site Code No.0970900001.

 Said facility is coni~only

known to the Agency as Lake County Grading.

3.

 That Respondent has owned or operated said facility at all

 times

pertinent

 hereto.

4.

 That on March 3,

 1995, Mark Retzlaft, 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.

1

VIOLATIONS

On the basis of direct observation of Mark Retzlaff, 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,

in

 a manner

which resulted. in the following conditions:

A.

 That on March

3,

 1995 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 any previous operating day

or at the conclusion of any operating day,

 in violation of

415

 ILCS 5/21(o)(5),

 (1992).

CIVIL PENALTY

Pursuant to 415

 ILCS 5/42(b)(4),

 1992,

 Respondent herein is subject to a

civil penalty of Five Hundred Dollars ($500.00)

 for each violation specified

above

for

total

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.

If you acknowledge the violations cited hereinabove, the civil penalty

specified above shall

 be due and payable no later than

 May 31,

1995

If

you do not petition the Illinois Pollution Control Board for review of this

Administrative

Citation

within

thirty-five

(35)

days

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.

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation.

~

415

ILCS 5/31.1,

 1992.

 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 Contro1

 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.

~-~L

Mary

 .‘~de,Director

Illinois Environmental Protection Agency

Prepared by:

 Todd Rettig

Illinois Envi ronmental

Protection Agency

2200 Churchill

 Road

P.O. Box 19276

Springfield,

 Illinois

 62794—9276

(217) 782-5544

Date:

________

REMITTANCE FORM

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

EPA

269-95-AC

LAKE COUNTY GRADING of LIBERTYVILLE,

 INC.,~

)

Respondent.

)

FACILITY:

 Lake County Grading

 SITE CODE NO.:

0970900001

COUNTY:

 Lake

 CIVIL PENALTY:

 $500.00

DATE OF INSPECTION:

 March 3,

1995

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

fl~TVED

MA’(

-3~995

k~TEO~WNONI

ILLINOIS

ENVIRONMENTAL

 PROTECTION

AGENCY

AFFIDAVIT

IN THE MATTER OF:

~

 Lake

County Grading of

)

 IEPA Docket

 269-95-AC

Libertyville,

 Inc.

Respondent.

Affiant,

 Mark Retzlaff,

 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 Environmental Protection Agency

and has been so employed at all times pertinent hereto.

2.

On

 March

3,

 1995,

 between

 11:45a.m.

and

 12:15p.m.,

Affiant conducted an inspection of the sanitary landfill in Lake

County,

 Illinois,

 known

as

 Lake

 County

 Grading,

 Illinois

Environmental

 Protection Agency

 Site

No.

 0970900001,

 operating

under IEPA Permit No. 1976-29-OP.

3.

 Affiant inspected said Lake County Grading 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.

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

Lake County Grading.

Subscribed and Sworn to Before Me

this

 ii’i’

“

 day of

1995

,,..~.i

0~tC.~

-.-•.

‘nTL~’

Notary Public

MR:dfa:Lake