ILLUIOIS POLLUTION CONTROL BOARD
September
4,
1987
IN THE MATTER OF:
BERGBOWER LANDFILL,
INC.
)
AC
87-41
(IEPA Docket No. 8366—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board
upon
a July
ib,
19b7
filing
of
an amended 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 amended Administrative Citation
is attached hereto.
The
Agency alleges that Bergbower Landfill has violated Sections
2l(p)(l2)
and 21(p)(3)
of the Act.
The statutory penalty
established
for each of these violations
is $500.00 pursuant to
Section 42(b)(4)
of
the Act.
Therefore, pursuant
to Section 3l.l(d)(l),
tne Boara finds
that Bergbower Landfill has violated each and every provision
alleged
in
the amended Administrative Citation.
Since there are
two
(2) such violations,
the total penalty
to be
imposed
is set
at $1,000.00.
It
is hereby ordered
that,
unless
the penalty has already
been paid, within 30 days of the date
of
this Order Bergbower
Landfill shall, ~y certified check
or
money order
payable
to the
State
of Illinois and designated
for deposit
into the
Environmental Protection
Trust
Fund, pay
a penalty
in
the amount
of
$1,000.00 which
is to
be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill
Road
Springfield,
Illinois
62706
IT
IS SO ORDERED.
I, Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi~’ythat the above Order was adopted on the
-~-~-~-
day
of
~
,
1987 by
a vote of___________
/77
~
Dorothy M.”Gunn, Clerk
Illinois Pollution Control Board
81—77
iLLi~OISE7~VR0~MEUTAL
PROTECTION AGENCY
A~E~DED
AD~1:~:ISTRATIVECITATION
IN THE MATTER OF:
)
/~
~
-
BERGBOWER LANDFILL,
InC.
,
)
~EPADOCKET NO.
8366-AC
an
Illinois corporation,
)
Respondent.
)
J~iSDicT:on
This Administrative Citation
is
issued pursuant to
the authority
vested
in the Illinois Environmental Protection Agency by Public Act
84-1320 (Ill.
Rev.
Stat.
1986,
Supp.,
ch. l11~,par.
1031.1).
FACTS
1.
That Respondent, Bergbower Landfill,
Inc.,
is the present
operator of
a facility located
in
the County of Jasper, State
of
Illinois.
2.
That said facility is operated
as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1976-l9-OP, and designated with Site Code No.
0798090002.
Said facility
is
commonly known
to the Agency as
Newton/Bergbower.
3.
That Respondent has operated said facility at
all times pertinent
hereto.
4.
That on March 12,
1987,
Steven
C.
Townsend, 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.
8
1—78
\1IOLATIONS
On the basis
of direct observation
of Steven
C. Townsend, the
Ilinois 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
Ill.
Rev.
Stat.
1985,
ch.
lll~,par.
1021(d),
in
a manner which resulted
in the
following conditions:
A.
On March
12,
1987, operated said sanitary landfill
facility
while
having failed
to collect and contain litter from the
site by
the end of
a
previous operating day,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch. lll~,par.
lO2l(p)(l2).
B.
On
March
12,
1987, operated said sanitary landfill
facility
in
a manner which resulted
in
leachate flows
exiting the
landfill con-
fines,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch. lll~,par.
lO2l(p)(3).
CI\’IL PENALTY
Pursuant to Public Act 84—1320
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
lll~,par.
lO42(b)(4)), Respondent
herein
is subject to
a civil
penalty
of Five Hundred Dollars
($500.00) for each violation specified above
in Paragraphs
A and
B,
for
a
total
of One Thousand
($1,000.00) Dollars.
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 violations alleged herein, after an adjudicatory
hearing, you
shall
be assessed the associated hearing costs incurred
by
the Illinois Environmental Protection Agency and the Illinois Pollution
2
81—7
9
Control
Board,
in ~icdition
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 thirty
(30)
days after the Board
Order accepting this Amended Administrative
Citation.
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 judament renderea 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,
Sprinafield,
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,
be 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 Offices
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, and
hearing costs of the
Illinois Environmental
Protection
3
81—80
Aoencv
cnc
the
liii
~
s
Pal
ution
C~ntroi Board,
if
any;
the
Attorney
Generals
Office
will
seek
to
recover
their
costs
of
litigation.
P~O~EURE
FOR
CONTESTING
THIS
AD~iINiSTRATVE
CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
See
Public
Act
8~-l320(Ill.
Rev.
Stat.
1986
Supp.,
ch.
lll1~, par.
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
Petitior
for
Review
should
be
filed
with
the
Illinois
Environmental
Protection
Agency.
Such
Petition
for
Review
must
be
filed
with~nthirty-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,
lOD
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:
Enforcement
Services.
-
~-.,
S___.i_
~
-S
/
-
-
S~
~
5-
S
Ricnard
3.
Carison, Director
Illinois Environmental
Protection Agency
Date:
June 30,
1987
4
81—81
STATE
C~ILLINOIS
COUI~TY
OF
~
-0,.
Mr. David
Oldfield
Attorney
at
Law
303
South
Seventh
Street
Vandalia,
IL
62471
PROOF
OF SERVICE
I,
the
undersigned,
on
oath
state
that
I
have
served
the
attached
JOINT
MOTION
TO
FILE
AMENDED
ADMINISTRATIVE
CITATION
AND
WITHDRAW
PETITION
POP
REYIEW
upon
the
persons
to
whom
it
is
directed,
by
placina
copies
in
envelopes
addressed
to:
Ms.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
State
of
Illinois
Center
1DO
West Randolph,
Suite
11-500
Chicago,
IL
60501
and
mailing
it
from
Springfield,
Illinois,
on
_____________,
1987,
with
sufficient
postage
affixed,
certified
mail-return
receipt
requested.
Subscribed
and
me
this
/~3Z~
1987.
,z1
Notary
Public~
Sworn
To
before
day
(~J2~
‘I
OFflC~AL
SEAL
EARBARA K McGEE
NOTARY
PUBLIC, STATE OF
tWNOIS
Mv
COMMISSION
EXPIRES
4-13-9
~
81—82