ILLINOIS POLLUTION CONTROL BOARD
November 3,
1994
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
AC 94—80
(IEPA No.
493-94--AC)
(Administrative Citation)
GALLATIN NATIONAL COMPANY,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the September 19,
1994 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 Gallatin National Company
on September 20,
1994.
The Agency alleges that on August
19,
1994, Gallatin National Company, present owner and/or operator of
a facility located in Fulton County and commonly known to the
Agency as Fairview/Gallatin National Landfill, 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.
Gallatin National Company 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
Gallatin
National Company 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 Gallatin
National Company 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 its social security or federal
2
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 Iii. Adm. Code 101.246,
Motions for Reconsideration.)
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Boaçd,.
hereby
certify
~t~iatthe above order was adopted on the
~
day
of
/2
j’-r~i~-C--~L-’
,
1994, by a vote of
/1/
‘I
/
~
;~(
.
Dorothy N. ~
Clerk
Illinois PóUution Control Board
‘~
t~:LEIV
~.
BEFORE THE ILLINOIS
POLLUTION CONTROL BOA4
SEP191994
ADMINISTRATIVE
CITATION
____
CQNrRCL
BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
J
AC ______________________
(IEP
~1o.
493-94-AC)
V.
GALLATIN NATIONAL COMPANY,
Respondent.
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the
Illinois
Environmental
Protection Agency
by 415
ILCS 5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1031.1.
FACTS
1.
That Respondent, Gallatin National
Company, 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.
1991-05-LF,
and designated with Site Code No. 0578080002.
Said facility
is corm~onlyknown
to the Agency as Fairview/Gallatin National
L.F.
3.
That
Respondent
has
owned
or operated
said facility
at
all
times
pertinent hereto.
4.
That
on
August
19,
1994,
Lawrence
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.
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;
Ill.
Rev.
Stat.
ch.
111½,
par.
1021(d),
in a manner which resulted
in the following conditions:
A.
That
on
August
19,
1994
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;
Ill.
Rev.
Stat.
ch.
111½,
para.
1021(o)(5).
CIVIL PENALTY
Pursuant
to
415
ILCS 5/42(b)(4),
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1042(b)(4),
Respondent
herein
is subject
to
a
civil
penalty of
Five
Hundred
Dollars
($500.00)
for each violation specified above
in Paragraph A(1),
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
October 26~1994
.
If
2
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
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.
~
415 ILCS
5/31.1,
1992;
Ill.
Rev.
Stat.
ch.
111½,
para.
1031.1.
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.
7)1O~ A.
~
Mary A. G~de, 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:
__________
4
REMITTANCE
FORM
sEP
191~4
pOWJ~0N
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
•4c
~
v.
)
EPA 493-94-AC
GALLATIN NATIONAL COMPANY,
)
)
Respondent.
)
FACILITY:
Fairview/Gallatin National
L.F.
SITE CODE NO.:
0578080002
COUNTY:
Fulton
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
August
19,
1994
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.
5