ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    July 7,
    1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    AC 95—34
    )
    (IEPA No.
    300-95-AC)
    )
    (Administrative Citation)
    ENVIROFIL OF
    ILLINOIS,
    INC,
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the May 17,
    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 Envirofii of Illinois,
    Inc.
    (Envirofil) on May 16,
    1995.
    The Agency alleges that on March
    17,
    1995, Envirofil,
    present owner and/or operator of a facility
    located in McDonough County and commonly known to the Agency as
    Envirofil of Illinois,
    Inc., violated Sections 21(o)(5) and
    21(o) (12)
    of the Act.
    The statutory penalty established for each
    violation is $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Envirofil 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 Envirofil has violated the
    provisions alleged in the Administrative Citation.
    Since there
    are two (2) such violations, the total penalty to be imposed is
    set at $1,000.00.
    1.
    It is hereby ordered that,
    unless the nenaltv has already been
    paid, within 30 days of the date of this order Envirofil
    shall, by certified check or money order payable to the
    Illinois Environmental Protection Trust Fund, pay a penalty in
    the amount of $1000.00, which is to be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.
    0. Box 19276
    Springfield, Illinois
    62794—9276
    2. Respondent shall include the remittance form and write the
    case name and number and their social security or federal
    2
    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
    (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 35 111. Adm.
    Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy H.
    Gunn, Clerk of the Illinois Pollution Control
    Boar~~hereb~
    certify thpt’~theabove order was adopted on the
    _______
    day of
    ,
    1995,
    by a vote of
    7~5.
    /
    (1
    ~c
    Dorothy H.
    nn, Clerk
    Illinois
    o lution Control Board
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    3
    AC
    5E3~
    Tg
    )
    (IEPA No.
    300-95-AC)
    v.
    )
    )
    ENVIROFIL OF ILLINOIS,
    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,
    Envirofil of Illinois, Inc.,
    is the present
    operator of
    a facility located in the County of McDonough,
    State of Illinois.
    2.
    That said facility is operated as a sanitary landfill, operating
    under Illinois Environmental
    Protection Agency Operating Permit No.
    1974-32—OP.
    and
    designated with Site Code No. 1098100003.
    Said facility is
    commonly known to the Agency as Envirofil of Illinois,
    Inc..
    3.
    That Respondent has owned or operated said facility at all times
    pertinent hereto.
    4.
    That on March 17,
    1995,
    Lawrence Dutton, 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.
    VIOLATIOM
    On the basis of direct observation of Lawrence Dutton,
    the Illinois
    Environmental
    Protection Agency has determined that Respondent was conducting
    operating day,
    in
    the site by the
    415 ILCS
    nitary
    iandfill 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 March 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)
    Uncovered refuse remaining from a previous
    violation of 415 TICS 5/21(o)(5),
    (1992).
    (2)
    Failure to collect and contain litter from
    end of each operating day,
    in violation of
    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
    0f One Thousand Dollars ($1,000.00).
    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 Control
    Board,
    in addition to the Five Hundred Dollar
    ($500.00) statutory penalty,
    If you acknowledge the violations cited hereinabove, the civil penalty
    specified above shall
    be due and payable no later than
    June 2O~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
    2
    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 0f 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
    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.
    3
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right
    to contest this Administrative Citation.
    ~gg415
    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
    ~pjaj.t,
    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.
    Yflcz~
    A.
    c~nQ.&
    Mary
    A.
    t7dde,
    Director
    4
    ~n..c.
    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
    S
    e
    Date:
    Sfo’9~
    4
    X7c!
    ~25-9/
    EPA
    300-95-AC
    RECEivEff~7
    MAY
    17
    1995
    STATE OF ILLINOIS
    POLLUTION
    CONTROL BOARD
    FACILITY:
    Envirofil of Illinois,
    Inc.
    SITE
    CODE
    NO.:
    1098100003
    DATE
    OF
    INSPECTION:
    March
    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,
    Attn.:
    Fiscal Services,
    2.200 Churchill Road,
    P.O. Box 19276,
    Springfield, Illinois
    62794—9276.
    REMI1IANCE FORM
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    ENVIROFIL OF ILLINOIS,
    INC.,
    Respondent.
    )
    )
    )
    COUNTY:
    McDonough
    CIVIL PENALTY:
    $1,000.00

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