ILLINOIS POLLUTION CONTROL BOARD
August
 3, 1995
ILLINOIS ENVIRONMENTAL
 )
PROTECTION AGENCY,
 )
)
Complainant,
)
v.
 )
 AC 95—44
)
 (IEPA No.
 363—95—AC)
(Administrative Citation)
ALLIED WASTE INDUSTRIES
 )
OF ILLINOIS,
 INC. d/b/a
 )
STREATOR AREA LANDFILL,
INC.,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 13,
 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 càpy 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 Allied Waste Industries of
Illinois,
 Inc. d/b/a Streator Area Landfill, Inc.
 (Allied)
 on
June 12,
 1995.
 The Agency alleges that on April
 17,
 1995,
Allied, present owner and/or operator of a facility located in
Livingston County and commonly known to the Agency as Streator
Area Landfill #3, violated Sections 21(o)(l),
 21(o)(5), and
21(0) (12) of the Act.
 The statutory penalty established for each
violation is $500.00 pursuant to Section 42(b) (4)
 of the Act.
Allied 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 Allied has violated the
provisions 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 Allied shall,
by certified check or money order payable to the Illinois
Environmental Protection Trust Fund, pay a penalty in the
amount of $1,500.00, which is to be sent to:
Fiscal Services
Illinois Environmental Protection Agency
2200 Churchill Road,
 P.
 0. Box 19276
Springfield, Illinois 62794—9276
2
2. Respondent shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Numbers 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.
Board Member
3.
Theodore Meyer concurred.
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
Board,
 ~ereby certify t
 t the above order was adopted on the
~31tt~.~
 day of
 ,
 1995,
 by a vote of
_____
 /
 -
Dorothy N.
 ç~iiñn, Clei~k
Illinois Pq~l~ution
 Control Board
State of Illinois
ENVIRONMENTAL PROTECTION
 AGENCY
I4ary A. Gade, Director
 2200 Churchill Road, Springfield, IL 62794-9276
217/782-5544
 CERTIFIED MAIL
June
9,
 1995
 No.:
 Z 250 051 306
Ms.
 Dorothy
 M.
 Gunn,
 Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
TATE OF
 ‘LLtNOtS
Chicago, Illinois
 60601
 ~Q~I~0L1
Dear Ms. Gunn:
 ~,
 -
Re:
 Administrative Citation
Respondent: Allied Waste Industries of Illinois,
 Inc.
d/b/a Streator Area Landfill,
 Inc.
IEPA Case No.:
 363-95-AC
Site Code No.:
 1054900003
Enclosed for filing with the Board
 is the Administrative Citation package
issued to the above captioned facility.
 I am forwarding one complete copy
which
 includes:
 1)
 The Administrative Citation,
 2)
 a copy of the field
investigator’s inspection
 report form, with accompanying photographs,
 3)
 the
field inspector’s Affidavit,
 and 4)
 a Remittance
Form.
 I am also enclosing
nine additional
 copies of the Administrative Citation itself and our pink
notice.
This facility is a sanitary landfill operating under a permit issued by the
Agency.
 The Agency considers the permit sufficient notice of the regulations.
For your records, the Citation package was mailed to Respondent on
June 9,
 1995, certified mail,
 return receipt requested.
 As soon as
 I receive
the green receipt card back,
 I will
 notify you so that your files reflect the
exact date of service in order to calculate the thirty-five days after which
the Board can enter the required Default Order
if
a Petition for Review has
not been filed.
 If the Respondent pays the civil penalty without filing a
Petition for Review,
 I
 will so notify your office for your records.
Respondent is
 being served at:
Allied
Waste Industries of Illinois,
 Inc.
d/b/a Streator Area Landfill,
 Inc.
P.
 0.
 Box
755
Streator,
 IL
 61364
JuI~
~
Printed
 on
 Recycled
 Paper
Thank you for your assistance.
Sincerely
~xcw
Todd Rettig
Associate Counsel
Division of Legal
 Counsel
End osures
TR:BD:AC-363.95
2
fl~ECE1V~51
STATE
 OF ILLINOIS
 (
BEFORE THE
 ILLINOIS POLLUTION CONTROL BOARD
 POLLUTION CONTROLS
 ARID
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
 )
Complainant,
 AC
 ~
)
 (IEPA No. 363-95-ACJ
V.
ALLIED WASTE INDUSTRIES OF ILLINOIS,
 INC.
d/b/a STREATOR AREA LANDFILL,
 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,
 Allied
 Waste
 Industries
 of
 Illinois,
 Inc.
 d/b/a
Streator
 Area
 Landfill,
 Inc.
 is
 the
 present
 operator
 of
 a
 facility
 located
 in
the
 County
 of
 Livingston,
 State
 of
 Illinois.
2.
 That said facility is operated as a sanitary landfill, operating
under
 Illinois Environmental Protection Agency Operating Permit
No.
 1992-246—LF,
 and
 designated
 with
 Site
 Code
 No.1054900003.
 Said
 facility
is
 commonly
 known
 to
 the
 Agency
 as
 Streator
 Area
 Landfill
 #3.
3.
 That Respondent has owned or operated said facility at all
 times
pertinent hereto.
4.
 That on April
 17,
 1995, Deborah Johnson, 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 Deborah Johnson, 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 April
 17,
 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)
 Refuse in standing or flowing water,
 in violation of
415 ILCS 5/21(o)(1),
 (1992).
(2)
 Uncovered refuse remaining from a previous operating
day,
 in violation of 415
 ILCS 5/21(o)(5),
 (1992).
(3)
 Failure to collect and contain litter from the site by
the end of each operating day,
 in violation of 415
ILCS 5/21(o)(12),
 (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
 in
 Paragraph
 A,
 for
 a
 total
 of
 One
 Thousand
 Five
 Hundred
 Dollars
($1,500.00).
 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
2
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
 July
 21,
 1995
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 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
3
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 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 ~~ade,
 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:
 9~.
7~”
 4
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
 )
 ,4~
~
v.
 )
 EPA
 363-95-AC
)
ALLIED WASTE INDUSTRIES OF ILLINOIS,
 INC.
)
d/b/a STREATOR AREA LANDFILL,
 INC.,
 )
)
Respondent.
 )
FACILITY:
 Streator Area #3
 SITE CODE NO.: 1054900003
COUNTY:
 Livingston
 CIVIL PENALTY:
 $1,500.00
DATE
 OF
 INSPECTION:
 April
 17,
 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,
 Attrr.:
 Fiscal
 Services,
 2200
 Churchill
 Road,
 P.O.
 Box
 19276,
Springfield,
 Illinois
 62794-9276.
5