ILLINOIS POLLUTION CONTROL BOARD
August 24,
1995
WILL COUNTY,
)
Complainant,
)
V.
)
AC 95—50
)
(County No.
95 AC 10)
CDT LANDFILL,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 30,
1995
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by Will County.
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 CDT Landfill on June
27,
1995.
Will County alleges that on April
28,
1995, CDT
Landfill, present owner and/or operator of a facility located in
Will County and commonly known to the County as CDT Landfill,
violated Sections 21(o) (6) and 21(o) (9)
of the Act.
The
statutory penalty established for each violation is $500.00
pursuant to Section 42(b) (4)
of the Act.
CDT Landfill 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 CDT Landfill has
violated the provisions alleged
in the Administrative Citation.
Since there are
(2)
such violations,
the total penalty to be
imposed is set at $1,000.00.
1.
It is hereby ordered that,
unless the penalty has already been
paid,
within 30 days of the date of this order CDT Landfill
shall, by certified check or money Order payable to the Will
County Treasurer, pay a penalty in the amount of $1,000.00,
which
is to be sent to:
Frank Kalisik, Waste Services Analyst
The Will County Land Use Department
Solid Waste Division
501 Ella Avenue
Joliet, Illinois 60433
2. Respondent shall include the remittance form and write the
case name and number and his social security or federal
Employer Identification Number on the certified check or money
order.
2
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
Board7, hereby certif)~that the above order was adopted on the
•~?~/& day of
~
,
1995, by a vote of
Dorothy M~1Gunn,Clerk
Illinois Pollution Control Board
r~~v~
BEFORE THE ILLINOIS POLLUTION CONTROL BOA
~
3 01995
STA
~
POLLUTtON
CONTROL
BOARD
PEOPLE OF THE COUNTY OF
WILL
Complainant,
v.
)
AC
955V
CDT
LANDFILL
Respondent,
WC 95 AC
10
NOTICE OP PILING
TO:
CDT Landfill Corporation
285.
Mound Road
Joliet, IL
60436
ATTN:
DanrtyL.
Geiss
Certified
#:
P 035 598 186
PLEASE TAKE
NOTICE
that I have today filed, by mail, with
the Office
of the Clerk
of
the Illinois Pollution Control
Board the ADMINISTRATIVE CITATION of the People of the County
of Will,
a copy of which is herewith served upon you.
JAMES
W.
GLASGOW
State’s Attorney
By
~
Cynthia S. Campbell
Assistant State’s Attorney
Dated:
June 26,
1995
JAMES W. GLASGOW
State’s Attorney
Will County, Illinois
14 West Jefferson Street
Joliet,
Illinois
60431
815/727—8872
JUN
301995
STATE OF
ILLINOIS
BEPORE
THE
ILLINOIS
POLLUTION
CONTROL
301
thLUTION
CONT1~OL
BOAr
STATE
OF
ILLINOIS
COUNTY
OP
WILL
PEOPLE
OF
THE
COUNTY
OF
WILL
Complainant,
V.
AC
95—3V
)
WC95
AC1O
CDT
LANDFILL
Respondent.
APPEARANCE
I
hereby
file
my
appearance
in
this
proceeding
on
behalf
of
the
PEOPLE
OF
THE
STATE
OF
ILLINOIS.
JAMES W. GLASGOW
State’s
Attorney
Will
County,
Illinois
By
_________________
Assistant
State’s
Attorney
JAMES
W.
GLASGOW
State’s
Attorney
Will
County,
Illinois
14
West
Jefferson
Street
Jo.iet,
Illinois
60431
815/727—8872
r
R~EI’JE~
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BO~RD
JUN
30
1995
STATE
OP
ILLINOIS
I
STATE
OF
ILLINOIS
COUNTY
OF
WILL
~~UTtON
CONTROL BOARD
ADMINISTRATIVE
CITATION
PEOPLE
6XOFTHE
COUNTY
OF
WILL
Complainant,
)
V.
)
—--h
AC95~~-’
)
CDT
LANDFILL
)
WC 95
AC 10
Re~ondent.
JURI
SDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority vested
in
the
Illinois
Environmental
Protection
Agency by Public Act 84—1320
(415 ILCS 5/31.1
(1992)),
and
delegated to Will County pursuant to 415 ILCS 5/4 (r) (1992).
FACTS
1.
That
Respondent,
CDT
LANDFILL,
is
the
present
operator of a facility located in Troy Township in the County
of Will, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
under
Illinois
Environmental
Protection
agency
Operating Permit
No.
1992-083-LF,
ar1d designated with Site
Code No. 1978170006.
Said facility is commonly known to the
Agency as CDT Landfill.
3.
That Respondent has owned and operated said facility
at all times pertinent hereto.
4.
That on April
28,
1995,
Frank
S. Kalisik,
of the
County
of
Will,
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
of hereof.
VIOLATIONS
On the basis of direct observation of Frank S. Kalisik,
the
County
of
Will
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
28,
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:
—
Refuse
in standing or flowing water,
in violation
of 415
ILCS 5/2l(o)(1)(l992)
(formerly Ill.
Rev.
Stat.
1991,
ch.
111 1/2 par.
1021(o)(1).
—
Conducting
a
sanitary
landfill
operation
in
a
manner
which
results
in
.eachate
flow
entering
Waters
of
the
State,
in
violation
of
415
ILCS
5/21(o) (2)
(formerly Ill. Rev. Stat.
1991,
ch.
111
1/2 par. 1021(o) (2)).
—
Conducting
a
sanitary
landfill
operation
in
a
manner which results in leachate flows exiting the
2
landfill
confines,
in
violation
of
415
ILCS
5/21(o)(3)
(formerly
Ill.
Rev.
Stat.
1991,
ch.
111
1/2
par.
1021(o)(3).
—
Open burning of refuse,
in violation of
415
ILCS
5/21(o) (4)
(formerly Ill. Rev.
Stat.
1991, ch. 111
1/2
par.
1021(o)
(4).
—
Uncovered
refuse
remaining
from
a
previous
operating day, in violation of 415 ILCS 5/21(o) (5)
(formerly Ill. Rev.
Stat.
1991,
ch.
111 1/2 par.
102
1(o)
(5)
)~_
L.
Failure to
provide
final
cover
within
time
limits
established
by
Pollution Control Board regulations,
in
violation
of
415
ILCS
5/21(o)
(6)
(formerly Ill.
Rev.
Stat.
1991,
cli.
111
1/2
par.
1021(o)
(6)).
—
Acceptance of
wastes without necessary permits,
in
violation of 415
ILCS
5/21(o) (7)
(formerly
Ill.
Rev.
Stat.
1991,
ch.
11.
1/2 par.
1021(o) (7)).
—
Causing
or
allowing
scavenging
operations,
in
violation
of
415
ILCS
5/21(0) (8)
(formerly
Ill.
Rev.
Stat.
1991,
ch. 111 1/2 par.
1021(o)(8)).
.~
Deposition of refuse in any unpermitted portion of
the landfill, in violation of 415
ILCS 5/21(o) (9)
(formerly Ill.
Rev.
Stat.
1991,
ch.
111 1/2 par.
1021(0) (9)).
—
Acceptance
of
special
waste
without
a
required
manifest,
in
violation
of
415
ILCS
5/21(o) (10)
3
(formerly Ill.
Rev.
Stat.
1991,
ch.
111 1/2 par.
1021(0) (10).
—
Failure to submit reports required by permits or
Pollution
Control
Board
Regulations,
in
violation
of
415
ILCS
5/21(o)
(11)
(formerly
Ill.
Rev.
Stat.
1991,
ch.
111
1/2
par.
1021(o)
(11).
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)
(formerly
Ill.
Rev.
Stat.
1991,
ch.
1.11
1/2
par.
1021(o)
(12)).
CIVIL
PENALTY
Pursuant
to
Public
Act
84—1320
(415
ILCS
5/42(b) (4)
(1992), Respondent
herein
is subject to a civil penalty of
Pive Hundred Dollars
($500.00)
for each violation specified
above
in
Paragraph
one,
for
a
total
of
$1,000.00.
Additionally,
should
you
elect
to
petition
the
Illinois
Pollution
Control
Board
under
the
review
process
described
hereinbelow,
and
if
there
is
a
finding
of
the violation
alleged
herein,
after
an
adjudicatory
hearing,
Respondent
shall
be assessed the associated hearing costs incurred by 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
violation
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
4
later
than August
1,
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 County of Will and mailed to The Will County Land Use
Department,
Solid Waste Division, Attention:
Prank Kalisik,
Waste
Services
Analyst,
50.
Ella Avenue,
Joliet,
Illinois
60433.
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.
Furthermore, if payment is not
received
when
due,
the
Will
County
State’s
Attorney may
initiate proceedings in Circuit Court
to collect said civil
penalty.
Inp766Xaddittkzrthe previously assessed civil penalty
and hearing costs of the Illinois Pollution Control Board, if
any, the State’s Attorney will seek to recover its costs of
litigation.
5
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE
CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
~
Public Act 84—1320
(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
Will
County
State’s
Attorney,
Attention:
Cynthia Campbell at 14 West Jefferson Street, Room
200, Joliet, Illinois 60431.
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 Will County State’s Attorney, Attention:
Cynthia Campbell, 14 West Jefferson Street, Room 200, Joliet,
Illinois 60431.
James W. Glasgow
State’s Attorney
Will County, Illinois
By:___
Cynthia Campbell
Assistant State’s Attorney
Date:
June 26, 1995
6
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
STATE OP ILLINOIS
COUNTY
OP
WILL
PEOPLE
OF
THE
COUNTY
OF
WILL
)
Complainant,
)
AC
95
V.
CDT
LANDFILL
)
WC 95 AC 10
Respondents.
APPIDAVIT
Affiant,
Frank
S.
Kalisik,
being
first
duly
sworn,
voluntarily deposes and states as follows:
1.
Affiant
is a field inspector employed by the County
of
Will
and has been
so
employed
at all
times pertinent
hereto.
2.
On April
28,
1995, between
7:00
a.m. and 8:40 a.m.,
Affiant
conducted
an
inspection
of
the
landfill
in
Will
County,
Illinois,
owned
and
operated
by
CDT
LANDFILL
CORPORATION
and
known
as
the
CDT
LANDFILL,
Illinois
Environmental Protection Agency Site No. 1978170006,
operating
under IEPA Permit No.1992—083-LF.
3.
Affiant inspected said CDT LANDFILL site by an on-
site inspection which included walking and photographing the
site
and
interviewing
personnel.
4.
As
a
result
of
the
activities
referred
to
in
Paragraphs
3
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
CDT LANDFILL.
)~
“OFFICIAL
SEAL”
~
~
~,
Lorean Likavec
,
Notary
Public,
State ofIllinois ~
~ My
Commission
Expires 05/11/98
~
FRANK
S
•
KALISIK
Subscribed
and
Sworn
to
before
me
this
26th
day
of
June,
1995.
Notary Public~
REMITTANCE
FORM
PEOPLE
OF
THE
COUNTY
OF
WILL
)
Complainant,
AC
95
50
v.
CDT
LANDFILL
)
WC
95
AC
10
)
Respondent.
)
FACILITY: CDT LANDFILL
CORP.
SITE CODE NO.:
1978170006
COUNTY:
WILL
CIVIL PENALTY:
$1,000
•
00
DATE OF INSPECTION:
APRIL 28, 1995
DATE REMITTED:
________________
SS/PEIN
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
arid mail,
along with Remittance Form.
Be sure your check is enclosed
and mail, along with Remittance Form, to the Will County Land
Use Department,
Waste Services Division,
Attention:
Frank
Kalisik,
Waste Services
Analyst,
501 Ella Avenue,
Joliet,
Illinois
60433.