ILLINOIS POLLUTION CONTROL BOARD

October 6,

1994

COUNTY OF VERMILION,

)

Complainant,

v.

)

AC 94—74

)

(County No.

94-02)

)

(Administrative Citation)

BRICKYARD DISPOSAL

AND

)

RECYCLING,

INC., and

ROY

LARSON

)

)

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 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., and Roy Larson on August 19,

1994.

Vermilion County alleges that on June 22,

1994, Brickyard

Disposal and Recycling Inc., and Roy Larson, 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(o) (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.,

and Roy Larson have

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.,

and Roy Larson, have 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., and Roy Larson 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

2. Respondents shall include the remittance form and write the

case name and number and their social security or federal

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 N. Gunn, Clerk of the Illinois Pollution Control

Boa;d,~herebycertify tb~,t he above order was adopted on the

________

day of

,

1994, by a vote of

.-O.

Dorothy N. G6~n,Clerk

Illinois Poi~1utionControl Board

---

RECEIVED

AUG

221994

BEFORE THE ILLINOIS POLLUTION CONTROL BO~?.fl

STATE

OF ILLINOIS

ADMINISTRATIVE

CITATION

POLLUTION

CONTROL

BOARD

COUNTY

OF

VERMILION,

ILLINOIS,

Complainant,

)

AC

9~7~

V.

)

County File No.

94-02

BRICKYARD DISPOSAL & RECYCLING,

INC.,

and ROY LARSON,

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 4Cr)

of the Act,

415

ILCS 5/4 Cr)

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 June

22,

1994,

Douglas Toole of the Vermilion

County Health Department and Amy Brown of the Illinois

---

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.

4.

That on June 22,

1994,

Roy Larson held a

certification from the Environment Protection Agency as a

Class A Solid Waste Site Operator with a Special Waste

Endorsement,

and that Roy Larson was operating the above-

mentioned Brickyard Road Disposal & Recycling,

Inc.

facility

on June

22,

1994.

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 June 22,

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).

-2-

---

CIVIL PENALTY

Pursuant to section 42(b) (4)

of the Act,

415 ILCS

5/42 (b) (4), Respondent (s)

herein are subject

to a civil

penalty of Five Hundred Dollars

($500.00)

for the above-

mentioned violation.

Additionally,

should Respondent(s)

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 (s)

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 September 12,

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.

-3-

---

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

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

-4-

---

Randolph St.,

Suite

11-500,

Chicago,

Illinois 60601;

and a

copy of said Petition for Review may be

filed with the State’s

Attorney,

at

7 N. Vermilion St.,

Danville,

Illinois 61832.

DATED:

~

‘~c7

~

~

cZ..41..

Eael.Clar~~

State’s

Attorney

,~IJ

1j~/’/

By: Norman R.

Werth,

~

Assistant.

State’s Attorney

Prepared

by:

Norman

R.Werth

Office

of

the

State’s

Attorney

7

N.

Vermilion

St.

Danville,

IL

61832

(217)

431-2570

-5-

---

REMITTANCE

FORM

COUNTY

OF

VERMILION

)

Complainant,

v.

)

AC

94—74

)

(County

No.

94-02)

)

(Administrative

Citation)

BRICKYARD DISPOSAL &

)

RECYCLING,

INC.,

and ROY

)

LARSON

)

)

)

FACILITY: Brickyard Disposal

&

SITE CODE NO.:

Recycling,

COUNTY: Vermilion

DATE OF INSPECTION: June 22,

1994

DATE

REMITTED:_______________

55/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,