ILLINOIS
    POllUTION
    CONTROL BOARD
    February
    15,
    1996
    COUINTY OF VERMILION,
    )
    )
    Complainant,
    )
    )
    v.
    )
    AC 96-32
    )
    (County
    No.
    95-5)
    ILLINOIS LANDFILL, INC.,
    )
    (Administrative Citation)
    )
    Respondent.
    )
    ORDER OF THE BOARD:
    This mailer comes before the Board upon the December 21,
    1995 filing of an
    Administrative Citation pursuant to Section
    31.1
    of the Environmental Protection Act (Act) by
    Vermilion County.
    A copy of that Administrativc Citation is attached hereto, but will not be
    printed in the Board’s opinionvolumes.
    Service of the Administrative Citation was made upon
    Illinois Landfill, Inc. on December 21,
    1995.
    Vcrmilion County alleges that on November 21,
    1995 Illinois Landfill, Inc., present owner and/or operator of a facility located in Vermilion
    County
    and
    commonly known to the County as Illinois Landfill (IEPA Site No. 1830450009),
    violated Scctions 2l(o)(5) and
    21(o)(12)
    of the Act
    The statutory penalty established for each
    violation is five hundred dollars ($500.00) pursuant to Section 42(b)(4) of the Act.
    Illinois Landfill, Inc. has not filed a petitionfor review with the Clerk ofthe Board within
    35 days of the date of service as allowed by Section 31.1(d)(2) ofthe Act.
    Therefore, pursuant to
    Section 31 .l(d)(l), the Board finds that Illinois Landfill, Inc. has violated the provision alleged
    in the Administrativc Citation.
    Since there are two (2) such violations, the total penalty to be
    imposed is set at one thousand dollars ($1,000.00).
    1.
    It is hereby ordered that, unless the penalty has already been paid, within 30 days
    of the date ofthis order Illinois Landfill, Inc. shall, by certified check or money
    order payable to the County of Vermilion, Illinois,pay a penalty in the amount of
    one thousand dollars ($1,000.00) which is to be sent to:
    Vcrmilion County IIcalth Department
    Rural Route
    1, Box
    l2B
    l)anville, IL
    61832
    2.
    Respondent shall include the remittance form and write the case namc andnumber
    and
    their social security or federal employer identification number on the certified
    check or money order.
    2
    Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
    ofthc Act.
    4.
    Payment of this penalty does not prevent future prosecutionif the violation
    continues.
    Section 41
    of the Act
    (415
    ILCS
    5/41
    (1994)) provides forthe appeal of final Board
    orders within 35 days of the date of service of this order.
    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 certi& that the
    above order was adopted on the
    14d
    day of
    ,
    1996, by a vote of
    ~78&~çg1
    A.
    Dorothy M.J4nn,
    Clerk
    Illinois Poflytion Control Board
    AECErVE~
    I
    CLERK’S OFFICE
    DEC21
    1995
    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOARD
    I
    STATE OFIWNOJS
    ~9LLUT1ON
    CONTROL
    BOARDI
    ADMINISTRATIVE CITATION
    COUNTY OF VERMILION,
    ILLINOIS;
    )
    )
    Complainant,
    )
    AC
    —
    v.
    )
    County File No. 95-05
    ILLINOIS LANDFILL,
    INC.
    )
    Respondent.
    JURISDICTION
    This Administrative Citation is issued pursuant to the
    authority vested in the Illinois Environmental Protection Agency
    by sections 4(e) and 31.1 of the Illinois Environmental
    Protection Act
    (“Act”), 415 ILCS 5/4(e),
    5/31.1,
    and delegated to
    Vermilion County pursuant to section 4(r)
    of the Act, 415 ILOS
    5/4(r).
    FACTS
    1.
    That Respondent,
    Illinois Landfill,
    Inc.,
    is the present
    operatorof a facility located approximately one mile south of
    Hoopeston,
    Illinois, within the County of Vermilion,
    State of
    Illinois.
    2.
    That said facility is operated as a sanitary landfill,
    operating under Illinois Environmental Protection Agency
    Operating Permit No.
    1989-11-OP. and designated. with Site Code
    3.
    That on November 21,
    1995,
    Douglas Toole of the
    Vermilion County Health Department 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 the direct observation of Douglas Toole,
    the
    County of Vermilion 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. Cd),
    in a manner which resulted in the following conditions:
    A.
    That on November 21,
    1995,
    an on site inspection of said
    sanitary landfill and a review of Illinois Environmental
    Protection Agency files and records of said facility, disclosed
    the following:
    (1)
    Uncovered refuse remaining from a previous operating
    day,
    in violation of 415 ILCS 5/21(o) (5);
    (2)
    Failure to collect and contain litter from the site,
    in violation of 415 ILCS 5/21(o) (12).
    CIVIL PENALTY
    Pursuant to section 42(b) (4)
    of the Act, 415 ILCS
    5/42
    (b) (4),
    Respondent herein is subject to a civil penalty of
    Five
    Hundred
    Dollars
    ($500.00)
    for each above-mentioned
    violation, for a total of 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 violation. alleged
    herein after an adjudicatory hearing, Respondent shall be
    -2-
    assessed the associated hearing costs incurred by the Illinois
    Pollution Control Board, in addition to the One Thousand Dollars
    ($1,000.00)
    statutory penalty for the violations.
    If you acknowledge the violations cited hereinabove,
    the
    civil penalty specified above shall be due and payable no later
    than January 19,
    1996.
    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 Vermilion,
    Illinois, and mailed to the Vermilion
    County Health Department at Rural Route
    1,
    Box 12B, Danville,
    Illinois 61832.
    If any civil penalty, by reason of acknbwleci9ment, default
    or finding after adjudicatory hearing,
    is not paid
    when due,
    the Vermilion County State’s Attorney may initiate
    proceedings in the Circuit Court to collect said civil
    penalty.
    In addition to the previously assessed civil penalty
    and
    any hearing costs of the Illinois Pollution Control Board,
    the State’s Attorney will seek to recover their costs of
    litigation.
    -3-
    PROCEDURE FOR CONTESTING
    THIS ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation
    under sectiOn 31.1(d)
    of the Act,
    415 ILCS 5/31.1(d).
    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 Vermilion County State’s Attorney’s Office.
    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 will be issued by the Illinois Pollution Control Board.
    The Petition for Review may be tiled with the Cleric of the
    Illinois Pollution Control Board at the State of Illinois Center,
    100 West Randolph St., Suite 11-500,
    Chicago,
    Illinois 60601;
    and a copy of said Petition for Review should be filed
    with the Vermilion County State’s Attorney,
    at
    7 N. Vermilion
    St.,
    Danville,
    Illinois 61832.
    DATED:
    ~1tc.. S
    1ts5’
    .
    ..
    ______
    I
    Michael
    State’s Attorney
    /L~flIWk,t
    By: Norman R. Werth,
    Assistant State’s Attorney
    Prepared by:
    Norman R.Werth
    Office of the State’s Attorney
    7 N. Vermilion St.
    Danville,
    IL
    61832
    (217)
    431-2570
    -4-
    FIRST NATIONAL BANK
    OF DANVILLE,
    Respondent.
    AC 96—32
    (County No. 95—05)
    (Administrative Citation)
    DATE OF INSPECTION: November 21,
    1995
    DATE REMITTED:_
    SSJFEIN NUMBER:
    SIGNATURE:
    NOTE
    Please enter the date of your remittance, your Social Security
    number
    (55)
    if an individual or Federal Employer Indentification
    Number (Fein)if a corporation, and sign this Remittance Form. Be
    sure your check is enclosed and mail,
    along with Remittance Form,
    to Vermilion County Health Department, 200 South College Street,
    Danville, Illinois 61832
    CUUNTX
    UI V.~I(N±L±UN,
    Complainant,
    v.
    ,1
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    FACILITY: Illinois LAndfill,
    Inc.,
    COUNTY: Vermilion
    SITE CODE NO.:
    1830450009
    CIVIL PENALTY:
    $1,000.00

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