ILLINOIS POLLUTION CONTROL BOARD
    August
    3, 1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 95—44
    )
    (IEPA No.
    363—95—AC)
    (Administrative Citation)
    ALLIED WASTE INDUSTRIES
    )
    OF ILLINOIS,
    INC. d/b/a
    )
    STREATOR AREA LANDFILL,
    INC.,
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the June 13,
    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 càpy 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 Allied Waste Industries of
    Illinois,
    Inc. d/b/a Streator Area Landfill, Inc.
    (Allied)
    on
    June 12,
    1995.
    The Agency alleges that on April
    17,
    1995,
    Allied, present owner and/or operator of a facility located in
    Livingston County and commonly known to the Agency as Streator
    Area Landfill #3, violated Sections 21(o)(l),
    21(o)(5), and
    21(0) (12) of the Act.
    The statutory penalty established for each
    violation is $500.00 pursuant to Section 42(b) (4)
    of the Act.
    Allied 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 Allied has violated the
    provisions alleged in the Administrative Citation.
    Since there
    are three
    (3) such violations, the total penalty to be imposed is
    set at $1,500.00.
    1. It is hereby ordered that,
    unless the penalty has already been
    paid, within 30 days of the date of this order Allied shall,
    by certified check or money order payable to the Illinois
    Environmental Protection Trust Fund, pay a penalty in the
    amount of $1,500.00, which is to be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.
    0. Box 19276
    Springfield, Illinois 62794—9276

    2
    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.
    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
    3.
    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
    Board,
    ~ereby certify t
    t the above order was adopted on the
    ~31tt~.~
    day of
    ,
    1995,
    by a vote of
    _____
    /
    -
    Dorothy N.
    ç~iiñn, Clei~k
    Illinois Pq~l~ution
    Control Board

    State of Illinois
    ENVIRONMENTAL PROTECTION
    AGENCY
    I4ary A. Gade, Director
    2200 Churchill Road, Springfield, IL 62794-9276
    217/782-5544
    CERTIFIED MAIL
    June
    9,
    1995
    No.:
    Z 250 051 306
    Ms.
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    State of Illinois Center
    100 West Randolph, Suite 11-500
    TATE OF
    ‘LLtNOtS
    Chicago, Illinois
    60601
    ~Q~I~0L1
    Dear Ms. Gunn:
    ~,
    -
    Re:
    Administrative Citation
    Respondent: Allied Waste Industries of Illinois,
    Inc.
    d/b/a Streator Area Landfill,
    Inc.
    IEPA Case No.:
    363-95-AC
    Site Code No.:
    1054900003
    Enclosed for filing with the Board
    is the Administrative Citation package
    issued to the above captioned facility.
    I am forwarding one complete copy
    which
    includes:
    1)
    The Administrative Citation,
    2)
    a copy of the field
    investigator’s inspection
    report form, with accompanying photographs,
    3)
    the
    field inspector’s Affidavit,
    and 4)
    a Remittance
    Form.
    I am also enclosing
    nine additional
    copies of the Administrative Citation itself and our pink
    notice.
    This facility is a sanitary landfill operating under a permit issued by the
    Agency.
    The Agency considers the permit sufficient notice of the regulations.
    For your records, the Citation package was mailed to Respondent on
    June 9,
    1995, certified mail,
    return receipt requested.
    As soon as
    I receive
    the green receipt card back,
    I will
    notify you so that your files reflect the
    exact date of service in order to calculate the thirty-five days after which
    the Board can enter the required Default Order
    if
    a Petition for Review has
    not been filed.
    If the Respondent pays the civil penalty without filing a
    Petition for Review,
    I
    will so notify your office for your records.
    Respondent is
    being served at:
    Allied
    Waste Industries of Illinois,
    Inc.
    d/b/a Streator Area Landfill,
    Inc.
    P.
    0.
    Box
    755
    Streator,
    IL
    61364
    JuI~
    ~
    Printed
    on
    Recycled
    Paper

    Thank you for your assistance.
    Sincerely
    ~xcw
    Todd Rettig
    Associate Counsel
    Division of Legal
    Counsel
    End osures
    TR:BD:AC-363.95
    2

    fl~ECE1V~51
    STATE
    OF ILLINOIS
    (
    BEFORE THE
    ILLINOIS POLLUTION CONTROL BOARD
    POLLUTION CONTROLS
    ARID
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    AC
    ~
    )
    (IEPA No. 363-95-ACJ
    V.
    ALLIED WASTE INDUSTRIES OF ILLINOIS,
    INC.
    d/b/a STREATOR AREA LANDFILL,
    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,
    Allied
    Waste
    Industries
    of
    Illinois,
    Inc.
    d/b/a
    Streator
    Area
    Landfill,
    Inc.
    is
    the
    present
    operator
    of
    a
    facility
    located
    in
    the
    County
    of
    Livingston,
    State
    of
    Illinois.
    2.
    That said facility is operated as a sanitary landfill, operating
    under
    Illinois Environmental Protection Agency Operating Permit
    No.
    1992-246—LF,
    and
    designated
    with
    Site
    Code
    No.1054900003.
    Said
    facility
    is
    commonly
    known
    to
    the
    Agency
    as
    Streator
    Area
    Landfill
    #3.
    3.
    That Respondent has owned or operated said facility at all
    times
    pertinent hereto.
    4.
    That on April
    17,
    1995, Deborah Johnson, 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.

    VIOLATIONS
    On
    the
    basis
    of
    direct
    observation of Deborah Johnson, the Illinois
    Environmental
    Protection Agency 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),
    (1992),
    in
    a manner
    which resulted in the following conditions:
    A.
    That on April
    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)
    Refuse in standing or flowing water,
    in violation of
    415 ILCS 5/21(o)(1),
    (1992).
    (2)
    Uncovered refuse remaining from a previous operating
    day,
    in violation of 415
    ILCS 5/21(o)(5),
    (1992).
    (3)
    Failure to collect and contain litter from the site by
    the end of each operating day,
    in violation of 415
    ILCS 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
    of
    One
    Thousand
    Five
    Hundred
    Dollars
    ($1,500.00).
    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
    2

    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
    July
    21,
    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
    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 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
    3

    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.
    ~
    415
    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
    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 ~~ade,
    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:
    9~.
    7~”
    4

    REMITTANCE FORM
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    ,4~
    ~
    v.
    )
    EPA
    363-95-AC
    )
    ALLIED WASTE INDUSTRIES OF ILLINOIS,
    INC.
    )
    d/b/a STREATOR AREA LANDFILL,
    INC.,
    )
    )
    Respondent.
    )
    FACILITY:
    Streator Area #3
    SITE CODE NO.: 1054900003
    COUNTY:
    Livingston
    CIVIL PENALTY:
    $1,500.00
    DATE
    OF
    INSPECTION:
    April
    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,
    Attrr.:
    Fiscal
    Services,
    2200
    Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Illinois
    62794-9276.
    5

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