ILLINOIS POLLUTION CONTROL BOARD
December
1,
1994
COUNTY OF VERMILION,
)
)
Complainant,
)
V.
)
AC 94—85
(County No. 94—03)
(Administrative Citation)
BRICKYARD DISPOSAL
AND
)
RECYCLING,
INC.,
)
)
Respondent.
)
ORDER OF THE BOARD:
This matter comes before the Board upon the September 26,
1994 filing of an Administrative Citation pursuant to Section
31.1 of the Illinois Environmental Protection Act (Act) by
Vermilion County.
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
Brickyard Disposal and Recycling Inc. on September 22,
1994.
Vermilion County alleges that on July 25,
1994, Brickyard
Disposal and Recycling Inc., present owner and/or operator of a
facility located in Vermilion County and commonly known to the
County as Brickyard Disposal and Recycling (IEPA Site No.
18380400029), Vermilion County, Illinois 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.
Brickyard Disposal and Recycling Inc. 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
Brickyard Disposal and Recycling Inc. 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 Brickyard
Disposal and Recycling Inc. shall, by certified check or money
order payable to the County of Vermilion County, pay a penalty
in the amount of $500.00, which is to be sent to:
Vermilion County Health Board
Rural Route
1, Box 12B
Danville, Illinois 61832
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 M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify.,,that the above order was adopted on the
/‘“
day
of
7U.-7~~-.!-~~-”
,
1994,
by
a
vote
of
__________
.
/
‘I
Dorothy M,//Gunn, Clerk
Illinois Pôllution Control Board
r~V~
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR
SEP
261994
ADMINISTRATIVE CITATION
pOLu~~NO~
COUNTY OF VERMILION,
ILLINOIS,
Complainant,
)
AC
_/7-
v.
)
County File No.
94-03
BRICKYARD DISPOSAL
& RECYCLING,
INC.,
Respondents.
JURISDICTION
This Administrative Citation is issued pursuant to the
authority vested in the Illinois Environmental Protection Agency
by sections
4(e)
and 31.1 of the Illinois Environmental
Protection Act
(“Act”), 415 ILCS 5/4(e),
5/31.1, and delegated to
Vermilion County pursuant
to section 4(r)
of the Act, 415 ILCS
5/4 (r)
FACTS
1.
That Respondent, Brickyard Disposal & Recycling,
Inc.,
is the present operator of a facility located within the County
of Vermilion,
State of Illinois.
2.
That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency
Operating Permit No. 1981-24-OP.
and designated with Site Code
No. 1838040029.
3.
That on July 25,
1994,
Douglas Toole of the Vermilion
County Health Department and Amy Brown of the Illinois
-2-
Environmental Protection Agency inspected 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 the direct observation of Douglas Toole and
Amy Brown,
the County of Vermilion has determined that
Respondents were conducting a sanitary landfill operation at the
above-described facility,
which
is required to have a permit
pursuant to 415 ILCS 5/21(d),
in
a manner which resulted in the
following conditions:
A.
That on July 25, 1994 an on site inspection of said
sanitary landfill 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)
CIVIL PENALTY
Pursuant to section 42(b) (4)
of the Act,
415 ILCS
5/42(b) (4), Respondent herein
is subject
to a civil penalty of
Five Hundred Dollars
($500.00)
for the above-mentioned violation.
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
-3-
violations alleged herein after an adjudicatory hearing,
Respondent
shall be assessed the associated hearing costs
incurred by the Illinois Pollution Control Board, in addition to
the Five Hundred Dollar
($500.00) statutory penalty for the
violation.
If you acknowledge the violation cited hereinabove,
the
civil penalty specified above shall be due and payable no later
than October
21,
1994.
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 County of Vermilion,
Illinois, and mailed to the Vermilion
County Health Department
at Rural Route
1, Box 12B,
Danville,
Illinois 61832.
If any civil penalty, by reason of acknowledgment,
default
or finding after adjudicatory hearing,
is not paid
when due,
the Vermilion County State’s Attorney may initiate
proceedings in the Circuit Court
to collect said civil
-4-
penalty.
In addition to the previously assessed civil penalty
and any hearing costs of the Illinois Pollution Control
Board,
the State’s Attorney will seek to recover their costs
of
litigation.
PROCEDURE FOR CONTESTING
THIS ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation
under section 31.1(d)
of the Act,
415 ILCS 5/31.1(d).
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 Vermilion County State’s Attorney’s Office.
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 will be issued by the Illinois 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 St., Suite 11-500,
Chicago,
Illinois 60601;
and a copy of said Petition for Review should be filed
-5-
with the Vermilion County State’s Attorney,
at
7 N. Vermilion
St.,
Danville,
Illinois
61832.
Norman R.Werth
Office of the State’s Attorney
7 N. Vermilion
St.
Danville,
IL
61832
(217)
431-2570
Mi~~f~11arY
State’s Attorney
By: Norman R. Werth,
Assistant. State’s Attorney
DATED:
4*w~e.’~
Prepared by:
REMITTANCE
FORM
COUNTY
OF
VERMILION
)
)
Complainant,
)
V.
)
AC 94—85
)
(County No.
94—03)
)
(Administrative Citation)
BRICKYARD DISPOSAL AND,
)
RECYCLING,
INC.,
)
)
Respondent.
FACILITY: Brickyard Disposal
SITE CODE NO.: 18380400029
COUNTY: Vermilion
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
July 25,
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 Indentification
Number
(Fein)if a corporation, and sign this Remittance Form.
Be
sure your check is enclosed and mail, along with Remittance Form,
to Vermilion County Health Board, Rural Route 1, Box 12B,
Danville, Illinois 61832