ILLINOIS POLLUTION CONTROL BOARD
August
3,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
V.
)
AC 95—47
)
(IEPA No.
370—95-AC)
(Administrative Citation)
ALLIED WASTE
INDUSTRIES,
INC.,
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 19,
1995
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Illinois
Env.ironmental 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 Allied Waste Industries,
Inc.
(Allied) on June 16,
1995.
The Agency alleges that on April
26,
1995, Allied, present owner and/or operator of a facility
located in Lee County and commonly known to the Agency as
Dixon/GROP Landfill #2, 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.
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
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 Allied 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
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.
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
Board, ~ierebycertify
that, the above order was adopted on the
~3~’LeC
day of
,
1995,
by a vote of
_______
(1’
7’Y
~
1~’L.
~
Dorothy M. ~
Clerk
Illinois P~l~utionControl Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE
CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
AC
~
V’7
)
(IEPA No. 370-95-AC)
v.
)
)
ALLIED
WASTE
INDUSTRIES,
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,
Inc.,
is the present
operator of a facility located in the County of Lee,
State of Illinois.
2.
That said facility is operated as
a sanitary landfill, operating
under
Illinois Environmental
Protection Agency Operating Permit No.
1980—32—OP, and designated with Site Code No.
1038010002.
Said facility is
commonly known
to the Agency as Dixon/GROP Landfill
#2.
3.
That Respondent has owned or operated said facility at
all
times
pertinent hereto.
4.
That on April 26,
1995,
Katherine Geyer, 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.
JUN
191995
STATE OF ILLINOIS
CONTr~Oj.
BOARD
VIOLATIONS
On the basis of direct observation of Katherine Geyer,
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
26, 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 operating day,
in
violation of 415 ILCS 5/21(o)(5),
(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.
If you acknowledge the violations cited
hereinabove,
the civil penalty
specified above shall
be due and payable no later than
July 25,
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,
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
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,
3
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.
71
A~C~
Mary A~’~?e,
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:
~.
l3-~
4
~~CE~\7ED
REMITTANCE
FORM
JUN
1
9
1995
STAlE
OF ILLINO1S
POLLUTION OONTROL BOAPJ~J
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
(/7
v.
)
EPA 370-95-AC
)
ALLIED WASTE
INDUSTRIES,
INC.
)
)
Respondent.
)
FACILITY: Dixon/GROP Landfill #2
SITE CODE NO.:
1038010002
COUNTY:
Lee
CIVIL PENALTY:
$
500.00
DATE OF INSPECTION:
April
26,
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, 2200 Churchill
Road,
P.O.
Box 19276,
Springfield,
Ill inois
62794—9276.
5