ILLINOIS POLLUTION CONTROL BOARD
    December 20,
    1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 96—21
    )
    (IEPA No.
    651—95-AC)
    (Administrative Citation)
    ENVIROFIL OF
    ILLINOIS,
    INC,
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the November 7,
    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 Envirofil of Illinois,
    Inc.
    (Envirofii) on November
    1,
    1995.
    The Agency alleges that on
    September 28,
    1995,
    Envirofii, present owner and/or operator of a
    facility located in McDonough County and commonly known to the
    Agency as Envirofii of Illinois,
    Inc., violated Section 21(o)(5)
    of the Act.
    The statutory penalty established for each violation
    is $500.00 pursuant to Section 42(b)(4)
    of the Act.
    Envirof11 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 Envirofii has violated the
    provisions alleged in the Administrative Citation.
    Since there
    is one
    (1) such violations, 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 Envirofii
    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:
    Fiscal Services
    Illinois Environmental Protection Agency
    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.
    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 N. Gunn,
    Clerk of the Illinois Pollution Control
    Bo
    d, hereby certify t~iatthe above order was adopted on the
    /)~—~
    day of
    ,
    1995, by a vote of
    7-c)
    Dorothy M//Gunn, Clerk
    Illinois ~‘ol1utionControl Board
    V
    ~VED
    CLERK~SOFFICE
    NOV
    -
    7
    1995
    STATE OF
    ;wNo~
    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOA~LLCc~T2~RD~
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,)
    )
    Complainant,
    )
    -
    )AC________
    )
    (IEPA No.651-95-AC)
    v.
    )
    ENVIROFIL OF ILLINOIS,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,
    Envirofii of Illinois,
    Inc.,
    is the
    present operator of a facility located in the County of
    McDonough,
    State of Illinois.
    2.
    That said facility is operated as
    a sanitary landfill,
    operating under Illinois Environmental Protection Agency
    Operating Permit No.
    1974-32-OP,
    and designated with Site Code
    No.
    1098100003.
    Said facility is commonly known to the Agency as
    Envirofil of Illinois,
    Inc.
    3.
    That Respondent has owned and/or operated said facility
    at all times pertinent hereto.
    4,
    That on September 28,
    1995, Lawrence Dutton, 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 Lawrence Dutton, 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 September 28,
    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
    2
    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
    December
    8,
    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
    2return 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 a 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
    3
    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, 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
    4
    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.
    7kLI~~
    A-
    C,~J4~
    Nary A. G~de,Director
    ‘4~.r’-c~.
    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:
    _________________
    5
    RECEIVED
    CLERK’S
    OFFICE
    -
    1~95
    REMITTANCE
    FORM
    STATE
    OF
    LLI’IOIS
    ~
    ~~Li
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,)
    )
    Complainant,
    )
    ~
    ~.
    .~/
    V.
    )
    EPA
    651—95-AC
    )
    ENVIROFIL of ILLINOIS,
    INC.,
    )
    Respondent.
    FACILITY: Envirofii of Illinois
    SITE CODE NO. :1098100003
    COUNTY:
    McDonough
    CIVIL PENALTY:
    $
    500.00
    DATE OF INSPECTION:
    September 28,
    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,
    Illinois
    62794—9276.
    6

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