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