ILLINOIS POLLUTION CONTROL BOARD
October
6,
1994
OUNTY
OF DUPAGE,
)
)
Complainant,
)
v.
)
AC 94—75
)
(County No.
94CD693)
)
(Administrative Citation)
WASTE MANAGEMENT OF ILLINOIS,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an August 22,
1994
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by DuPage 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 Waste Management of
Illinois on August 19,
1994.
DuPage County alleges that on June
21,
1994, Waste Management of Illinois, present owner and/or
operator of a facility located in DuPage County and commonly
known to the County as Greene Valley 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.
Waste Management of Illinois 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 Waste
Management of Illinois, 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 Waste
Management of Illinois shall,
by certified check or money
order payable to the DuPage County Treasurer, pay a penalty in
the amount of $500.00, which is to be sent to:
Rodd Elges
DuPage County Solid Waste Department
421 N. County Farm Road
Wheaton, Illinois 60187
2. Respondent shall include the remittance form and write the
case name and number and its social security or federal
Employer Identification Number on the certified check or money
order.
2
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
Boar~ hereby certify th~tth~above order was adopted on the
(a~4~-~day of
,
1994, by a vote of
1’
9~
(~-e~_~
/
IL..
~
.~‘
Dorothy N.
G~u~n,
Clerk
Illinois Po1~utionControl Board
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
P~UG
2 3
ADMINISTRATIVE CITATION
-
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tPOL.LLJ1~Ot’J
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~
COUNTY
OF
DUPAGE,
)
PETITIONER
)
V.
)
AC______
)
State’s Attorney
WASTE MANAGEMENT OF ILLINOIS,
)
File Nos. 94CD693
94SA694
)
RESPONDENT.
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in the Illinois Environmental Protection Agency by Public Act 84-
1320 (Illinois Compiled Statutes,
1992, Ch.
415, par. 5/31.1), and
delegated to DuPage County pursuant to Illinois Compiled Statutes,
1992,
Ch.
415, par.
5/4.
FACTS
1.
Respondent,
Waste
Management
of
Illinois,
is
the present
operator of a facility located in the County of DuPage, State
of Illinois.
2.
Said facility is operated as a sanitary landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1974—30-OP,
and
designated with
Site
Code
No.
0438030001.
Said facility is commonly known to the Agency and
DuPage County as Greene Valley Landfill.
3.
Respondent has owned or operated said facility at all times
pertinent hereto.
4.
Respondent was issued a compliance inquiry letter on November
10,
1993,
for uncovered refuse remaining from any previous
operating day,
for inadequate depth of daily cover and for
failure to collect and contain litter from the site by the end.
of each operating day which violations were observed during an
inspection by inspector Rodd Elges on November 2,
1993.
On November 18,
1993 the Respondent responded in writing to
DuPage County (attached hereto as Exhibit “A” and made a part
hereof), with regard to the adoption of a new policy to ensure
all construction/demolition loads are inspected.
At said time
the Respondent provided no direct response to the uncovered
refuse remaining from any previous operating day.
—1—
This filing submitted on recycled paper
5.
Inspector, Rodd Elges of the County of DuPage,
conducted an
inspection of said facility on November 30,
1993 at which time
he observed uncovered refuse from any previous day operations,
inadequate depth of daily cover,
and failure to comply with
the terms and conditions of the facility’s supplemental permit
(#1993—140-SP).
Administrative Citation 94—4 was served upon
Respondent on January 25, 1994 for said violations.
A default
order was entered by the Illinois Pollution Control Board
in
this matter as payment was not received by the March 4,
1994
due date.
Respondent submitted payment for penalties assessed
in this matter to the County of DuPage on March
11,
1994.
6.
Inspector, Dean Olson
of the County of DuPage,
conducted an
inspection of the subject facility on December
14,
1993,
at
which time he observed exposed refuse from any previous day
operations,
inadequate depth of daily cover,
and failure to
comply
with
the
terms
and
conditions
of
the
facility’s
operating permit.
Administrative Citation 94—10 was served
upon Respondent on February 9, 1994 for violations observed on
the
December
14,
1993
inspection.
Respondent
submitted
payment for penalties assessed under Administrative Citation
94-10 to the County of DuPage on March 11, 1994 accompanied by
Administrative Citation 94—4 payment.
7.
Inspector Rodd Elges of DuPage County, conducted an inspection
of
said
facility
on
February
12,
1994
at
which
time
he
observed uncovered refuse from any previous day operations and
inadequate depth of daily cover.
Administrative Citation 94-
20
was
served
upon
Respondent
on April
1,
1994
for
said
violations.
Respondent
filed
a
Petition
for
Review
of
Administrative Citation on May
4,
1994,
which
is presently
pending
before
Administrative
Law
Judge,
Professor
Allen
Schoenberger.
8.
Inspector Dean Olson during an inspection of said facility on
Nay
9,
1994
observed exposed refuse
from any previous day
operations and inadequate depths of daily cover. The exposed
refuse was observed within woodwrecking material which is used
at
the
subject
facility
as
a
road
base
material.
Administrative Citiation 94—53 was served upon Respondent on
July
7,
1994
for
violations
observed
on
the May
9,
1994
inspection.
Respondent
submitted payment
for
the
penalty.
assessed under Administrative
Citation 94-53
on August
11,
1994.
9.
On May 11, 1994 the Respondent sent by facsimile a copy of the
Respondent’s new woodwrecking
policy
for operations at the
subject facility, which policy is attached hereto as Exhibit
“B” and incorporated herein by reference.
—2—
10.
Inspector,
Rodd Elges
of the County of DuPage,
conducted a
routine inspection of said facility on June 21,
1994 at which
time
he
observed
uncovered
refuse
from
any
previous
day
operations and inadequate depth of daily cover.
The exposed
refuse was observed within woodwrecking material which is used
at the subject facility as a road base material.
A verified
copy
of
the
inspection
report
and
narrative
are
attached
hereto as Exhibit “C” and incorporated herein by reference.
11.
On July
13,
1994,
an Administrative Notice was served upon
Respondent in response to apparent violations observed during
the June 21,
1994 inspection of Inspector Elges
(attached as
Exhibit “D” and incorporated herein by reference), requiring
that
the
Respondent
submit
a
response
setting
forth
the
reasons for the apparent violations and describing in detail
the
corrective
action
to be
taken
to rectify the apparent
violations.
12.
Respondent submitted a response to Inspector Elges on July 28,
1994
(attached
as
Exhibit
“E”
and
incorporated
herein
by
reference).
In this response, the Respondent states that “the
exposed refuse in the C & D woodwrecking pile was covered with
soil material after the inspection”.
VIOLATIONS
On the basis
of Rodd Elges’s direct observations,
the County
of
DuPage
has
determined
that
Respondent
was
conducting
sanitary
landfill
operations
at
the
above-described
facility,
which
is
required to have a permit pursuant to Illinois Compiled Statutes,
1992,
Ch.
415,
par.
5/21
(d),
in a manner which resulted in the
following conditions:
A.
That on June 21,
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:
Refuse in standing or flowing water,
in violation
of Illinois Compiled Statutes,
1992,
Ch.
415, par.
5/21(o) (1)
(p)
(1)).
Conducting
a
sanitary
landfill
operation
in
a
manner which results in leachate flows exiting
the.
landfill
confines,
in
violation
of
Illinois
Compiled Statutes,
1992,
Ch.
415, par.
5/21(o) (2)
formerly
(p) (2)).
Conducting
a
sanitary
landfill
operation
in
a
manner
which
results
in
leachate
flow
entering
Waters
of
the
State,
in
violation
of
Illinois
Compiled Statutes,
1992,
Ch.
415,
par.
5/21(o) (3)
formerly
(p) (3)).
Open burning of refuse,
in violation
of
Illinois
Compiled Statutes,
1992,
Ch.
415,
par.
5/21(o)(4)
formerly
(p) (4)).
—3—
x
Uncovered
refuse
remaining
from
a
previous
operating
day,
in violation
of
Illinois Compiled
Statutes,
1992,
Ch. 415, par.
5/21(0) (5)
formerly
(p) (5).
Failure to provide final
cover within time limits
established by Pollution Control Board regulations,
in violation of Illinois Compiled Statutes,
1992,
Ch.
415,
par. 5/21(o)(6)
formerly
(p)(6).
Acceptance of wastes without necessary permits,
in
violation of Illinois Compiled Statutes,
1992,
Ch.
415,
par. 5/21(o)(7)
formerly
(p)(7).
Causing
or
allowing
scavenging
operations,
in
violation of Illinois Compiled Statutes,
1992,
Ch.
415,
par. 5/21(o)(8)
formerly
(p)(8)).
Deposition of refuse in any unpermitted portion of
the
landfill,
in
violation
of
Illinois Compiled
Statutes,
1992,
Ch.
415,
par.
5/21(o)(9)
(p)(9).
Acceptance
of
special
waste
without
a
required
manifest,
in
violation,
of
Illinois
Compiled
Statutes,
1992, Ch. 415, par. 5/21(o) (10) formerly
(p) (10).
Failure to submit reports required
by permits or
pollution Control Board Regulations,
in violation
of Illinois Compiled Statutes,
1992,
Ch. 415, par.
5/21(o)(11)
formerly
(p)(11).
Failure to collect and contain litter from the site
by the end of each operating day,
in violation of
Illinois
Compiled
Statutes,
1992,
Ch.
415,
par.
5/21(o)(12)
formerly
(p)(12).
CIVIL PENALTY
Pursuant
to
Illinois
Compiled
Statutes,
1992,
Ch.
415,
par.
5/42(b) (4), Respondent herein is subject to a civil penalty of Five
Hundred Dollars
($500.00)
for each violation specified above
in
Paragraph
A.
One
violation
totalling
Five
Hundred
Dollars
($500.00)
is identified.
Should Respondent elect to petition the Illinois Pollution Control
Board under the review process described herein below, and if there
is
a
finding
of
the
violation(s)
alleged
herein,
after
an
adjudicatory hearing, Respondent shall be assessed the associated
hearing costs. incurred by the DuPage County State’s Attorney and
the
Illinois Pollution Control
Board,
in
addition
to the Five
Hundred Dollar 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
September 26,
1994.
If
you do not petition the Illinois Pollution
—4—
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
DuPage County Treasurer, and mailed to the attention of Rodd Elges,
DuPage County Solid Waste Department, located at 421 N. County Farm
Road, Wheaton, Illinois
60187.
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 DuPage County
State’s
Attorney may
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
Pollution Control Board,
if any, 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.
See
Public Act 84—1320 (Illinois Compiled Statutes, 1992, Ch. 415, par.
5/31).
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
DuPage
County
State’s
Attorney,
Attention:
Raymond L.
Hansen.
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 DuPage
County
State’s
Attorney
at
505
N.
County
Farm
Road,
Wheaton,
Illinois 60187, Attention:
.
Hans~
Assistant State’s Attorney
For:
James
E.
Ryan
A
DuPage County State’s Attorney
Date:
/
,
1994
—5—
REMITTANCE
FORM
AUG
2 31994
STATE OF
ILLINOIS
POLLUTION
CONTROL
BOARD
COUNTY OF DUPAGE,
)
/
PETITIONER
)
AC
No.
_________
State’
s Attorney
V.
)
File Nos. 94~D693
)
94SA694
)
WASTE MANAGEMENT
OF ILLINOIS,
)
)
RESPONDENT.
FACILITY: GREENE VALLEY
LANDFILL
SITE CODE NO.: .0438030001
COUNTY:
DUPAGE
CIVIL PENALTY:
$500.00
DATE OF INSPECTION: June
21,
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 DuPage County Solid Waste Department,
421 N. County Farm Road,
Wheaton,
Illinois 60187.
Make the check payable to the DuPage
County Treasurer.