ILLINOIS POLLUTION CONTROL BOARD
November 2, 1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
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Complainant,
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v.
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AC 96-17
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(IEPA No. 560-95-AC)
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(Administrative Citation)
COMMUNITY LANDFILL
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CORPORATION,
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Respondent.
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ORDER OF THE BOARD:
This matter comes before the Board upon the September 26,
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 Community Landfill
Corporation (Community) on September 22, 1995. The Agency
alleges that on August 10, 1995, Community, present owner
and/or operator of a facility located in Kankakee County and
commonly known to the Agency as Chebanse Compost Facility/XL
Disposal, violated Section 21(p)(1) of the Act. The statutory
penalty established for this violation is $500.00 pursuant to
Section 42(b)(4) of the Act.
Community 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 Community 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
Community shall, by certified check or money order payable
to the Illinois Environmental Protection Trust Fund, pay a
penalty in the amount of $500.00, which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road, P. O. Box 19276
Springfield, Illinois 62794-9276
2. Respondent shall include the remittance form and write the
2
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.
Section 41 of the Environmental Protection Act, (415 ILCS
5/41 (1994)), 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, hereby certify that the above order was adopted on the
day of , 1995, by a vote of
.
Dorothy M. Gunn, Clerk
Illinois Pollution Control
Board