ILLINOIS POLLUTION CONTROL BOARD
    August
    3,
    1995
    COUNTY OF VERMILION,
    )
    )
    Complainant,
    )
    v.
    )
    AC 95—39
    )
    (County No.
    95—03)
    )
    (Administrative Citation)
    ILLINOIS LANDFILL,
    INC.,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the June 5,
    1995
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by Vermilion
    County.
    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 Illinois
    Landfill,
    Inc. on June 2,
    1995.
    Vermilion
    County alleges that on
    April 20,
    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 Section 21(o) (5) of the Act.
    The statutory
    penalty established for this violation is $500.00 pursuant to
    Section 42(b)(4)
    of the Act.
    Illinois Landfill,
    Inc. 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 Illinois Landfill,
    Inc. has violated the provision alleged in the Administrative
    Citation.
    Since there
    is
    (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 Illinois
    Landfill,
    Inc.
    shall,
    by certified check or money order
    payable to the County of Vermilion, Illinois, pay a penalty in
    the amount of $500.00, which is to be sent to:
    Vermilion County Health Department
    Rural Route 1, Box 12B
    Danville, Illinois 61832
    2. Respondent shall include the remittance form and write the
    case name and number and their social security or federal
    Employer Identification Numbers on the certified check or
    money order.
    2
    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.
    Board Member J. Theodore Meyer concurred.
    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 Ill. Adm. Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Boa~d,~hereby certify th~,tthe above order was adopted on the
    -t~~day of
    ,
    1995, by a vote of
    -
    ~
    .
    Dorothy N. ~nn,
    Clerk
    Illinois
    P~JLution
    Control Board
    ~VE~T
    JUN
    -51995
    )
    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOARD
    STATE OFILUNOJS
    ~UI!ONCONT~OL8OA!~J
    ADMINISTR3~TIVECITATION
    COUNTY OF VERMILION,
    ILLINOIS,
    )
    Complainant,
    )
    AC
    ~
    v.
    )
    County
    File
    No. 95-03
    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.J.
    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 ILCS
    5/4 (r)
    FACTS
    1.
    That Respondent,
    Illinois Landfill,
    Inc.,
    is the present
    operator of a facility located 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-OP1 and designated with Site Code
    No. 1830450009.
    3.
    That on April
    20,
    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(d),
    in a manner which resulted in the following conditions:
    A.
    That on January 26,
    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(0) (5)
    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 the above-mentioned violation.
    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 Five Hundred Dollar
    ($500.00) statutory penalty for the violation.
    If you acknowledge the violation cited hereinabove,
    the
    civil penalty specified above shall be due and payable no later
    than June 26,
    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 Citatioli,
    any judgfnent
    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 l2B, Danville,
    Illinois 61832.
    If any civil penalty, by reason of acknowledgment,
    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 filed with the Clerk 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:
    ZL~
    i~
    Michael D. Clary
    State’s Attorney
    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-
    REMITTANCE
    FORM
    COUNTY OF VERMILION,
    )
    Complainant,
    )
    v.
    )
    AC 95—39
    )
    (County No.
    95—03)
    )
    (Administrative Citation)
    ILLINOIS LANDFILL, INC.,
    )
    )
    Respondent.
    FACILITY: Illinois Landfill
    SITE CODE NO.:
    1830450009
    COUNTY: Vermilion
    CIVIL PENALTY: $500.00
    DATE OF INSPECTION: April 20,
    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 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,
    Rural Route
    1, Box 12B,
    Danville, Illinois 61832

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