ILLINOIS POLLUTION CONTROL BOARD
June 1,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 95—27
(IEPA No. 248—95-AC)
)
(Administrative Citation)
BROWNING-FERRIS INDUSTRIES
)
of ILLINOIS,
INC.,
)
)
Respondent.
ORDER
OF THE BOARD:
This matter comes before the Board upon the April 11,
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 Browning-Ferris Industries
of Illinois,
Inc.
(Browning-Ferris) on April
10,
1995.
The
Agency alleges that on February 22,
1995,
Browning-Ferris,
present owner and/or operator of a facility located in Fulton
County and commonly known to the Agency as Fairview/ Spoon Ridge
Landfill, violated Section 21(0) (5)
of the Act.
The statutory
penalty established for this violation is $500.00 pursuant to
Section 42(b)(4)
of the Act.
Browning-Ferris 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 Browning—Ferris, 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 ~enaltv has already been
paid, within 30 days of the date of this order Browning-
Ferris, by certified check or money order payable to the
Illinois Environmental Protection Trust Fund,
shall 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
2
case name and number and his social security or federal
Employer Identification Number 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 M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify t
the above order was adopted on the
/.4A~
day of
,
1995,
by a vote of
Dorothy M./’~unn, Cl’erk
Illinois ~p1lution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
AC
_____________
)
(IEPA No.
182—95-AC)
V.
BROWNING-FERRIS
INDUSTRIES,
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, Browning-Ferris
Industries of Illinois,
Inc.,
is the
present operator of a facility located in the County of Fulton, State of
Illinois.
2.
That said facility is operated as a sanitary landfill, operating
under Illinois Environmental
Protection Agency Operating Permit No. 1991—005-
LF,
and designated with Site Code No. 0578080002.
Said facility
is commonly
known
to the Agency as Fairview/Spoon Ridge Landfill.
3.
Respondent has owned or operated said facility at
all times
pertinent hereto.
4.
That on February 22,
1995,
Larry Dutton, 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.
APR
1
1
1995
STATE OF
ILLINOIS
CONTROL
1
VIOLATIONS
On the basis of direct observation of Larry 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
IL.C5 5/21(d),
1992,
in a manner
which resulted in the following conditions:
A.
That on February 22,
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 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
May 17,
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
2
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
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.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right
to contest this Administrative Citation.
See 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.
71’)
Mary A~~”~de,
Director
4-~
~
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:
~1c~r’d
~
RECE~’EIY
REMITTANCE ~EM
APR
1 1
1995
SLATE
OF
LUNOLS
~!I!9PL
~9~ç~Roj
ILLINOiS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
~
~
V.
)
EPA 182-95-AC
)
BROWNING-FERRIS INDUSTRiES of
)
ILLINOIS,
INC.,
)
)
Respondent.
)
FACILITY:
Spoon Ridge Landfill
SITE CODE NO.:
0578080002
COUNTY:
Fulton
CIVIL PENALTY:
$500.00
DATE
OF INSPECTION:
February 22,
1995
DATE REMITTED:
___________________
SS/FE1N 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, P0.
Box 19276,
Springfiel,d,
Illinois
62794-9276.
5