ILLINOIS POLLUTION CONTROL BOARD
November 2,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 96—17
(IEPA No.
560-95-AC)
)
(Administrative Citation)
COMMUNITY LANDFILL
)
CORPORATION,
)
Respondent.
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.
0. 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.
Adni.
Code 101.246,
Motions for Reconsideration.)
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, Whereby certify
at the above order was adopted on the
~‘~‘~—
day of
,
1995,
by a vote of
-7--I)
Dorothy N.,4unn, Clerk
Illinois ~9f1lutionControl Board
EThECEVED~~~~
CLERK’S OFF~CE
SEP
26
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
1
)POLLUTiCN
‘.~ONTPQ;
BO’~rj;
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
AC
74’ /
(IEPA No.560-95-AC)
V.
)
COMMUNITY LANDFILL CORPORATION,
)
)
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
‘V
1.
That Respondent Conmunity Landfill Corporation Is the present
owner and/or operator of a facility located in the County of Kankakee, State
of Illinois.
2.
That said facility is an open
dump
operating without an Illinois
Environmental Protection Agency Operating Permit, and designated with Site
Code No. 0194240004.
SaId facility is
con1T~onlyknown to the Agency as
Chebanse Compost Facillty/XL Disposal.
3.
That Respondent has owned and/or operated said facility at all
times pertinent hereto.
4.
That on August 10,
1995, Richard Reich of the Illinois
Environmental Protection Agency, inspected the above-described 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 direct observation of Richard Reich the Illinois
Environmental
Protection Agency has determined that Respondent has caused or
allowed open dumping at the above-described facility in a manner which
resulted in the following occurrences:
A.
That on August
10,
1995 an on-site inspection of said facility
disclosed the
following:
(1)
Causing or allowing litter in violation of 415
ILCS 5/21(p) (1),
(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 of Five Hundred Dollars ($500.00).
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 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
October 31, 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
-2-
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 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.
If any civil
penalty,
by reason of acknowledgment,
default or finding after adjudicatory hearing Is not paid when due, the Office
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,
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.
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~.g415
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 must be
-3-
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.
Mary A. Gade, Director
/
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
Date: ___________________
BO:t1.~OpSn
-4-
fl~VED~
I
CLERK’S O~FV~E
SEP
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1flr~r
REMITTANCE FORM
I
~
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~
STATE
cs~
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L~CC~JT~CL
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
;Ie~~
/7
v.
EPA 560—95—AC
COMMUNITY LANDFILL CORPORATION
Respondent.
FACILITY: Chebanse Compost Facility
SITE CODE NO. :0914240004
COUNTY:
Kankakee
CIVIL PENALTY:
$
500.00
DATE OF INSPECTION:
August 10,
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
(FEIM)
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,
2200
Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois
62794—9276.
-5-