ILLINOIS POLLUTION CONTROL BOARD
June 1,
1995
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
AC 95—30
)
(IEPA No.
248—95-AC)
)
(Administrative Citation)
KNOX COUNTY LANDFILL
COMMITTEE,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the April
18,
1995
filing of an Administrative Citation pursuant to Section
31..
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 the Knox County Landfill
Committee on April 17,
1995.
The Agency alleges that on February
17,
1995, the Knox County Landfill Committee,
present owner
and/or operator of a facility located in Knox County and commonly
known to the Agency as Knox County Landfill No.
3, 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.
The Knox County Landfill Committee 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
the Knox County Landfill Committee, 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 the Knox County
Landfill Committee 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
2. Respondent shall include the remittance form and write the
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 N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify t
t the above order was adopted on the
/~3~+
day of
,
1995, by a vote of
~
4.
Dorothy N.
nn, Clerk
Illinois
o lution Control Board
r~c~tV~51
APR
181995
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~D
STATE OF ILliNOIS
~
c0NTROOL?J
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
AC
__________________
)
(IEPA No.
248-95-Ac)
V.
KNOX COUNTY LANDFILL COMMITTEE,
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, Knox County Landfill Comittee,
is the present operator
of a facility located in the County of Knox, State of Illinois.
2.
That said facility is operated as a sanitary landfill, operating
under Illinois Environmental
Protection Agency Operating Permit No.
1990-93-
OP, and designated with Site Code No.0958160003.
Said facility is comonly
known to the Agency as Knox County Landfill
No.
3.
3.
That Respondent has owned or operated said facility at all
times
pertinent hereto.
4.
That on February
17,
1995, James Jones, 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 James Jones, the Illinois
1
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 February
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)
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 24.
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, you
3
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.
Prepared
by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217) 782—5544
Date:
-
ronmental Protection Agency
4
RECEIVED
APR
181995
REMITTANCE
FORM
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
~
~_:,:~O
v.
)
EPA 248-95-AC
)
KNOX COUNTY LANDFILL COMMITTEE,
)
Respondent.
)
FACILITY:
Knox County Landfill #3
SITE CODE NO.:
0958160003
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
February 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, Attn.:
Fiscal Services,
2200
Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois
627~94—9276.
5