ILLINOIS POLLUTION CONTROL BOARD
    September
    1,
    1994
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    AC 94—45
    )
    (IEPA No.
    328—94—AC)
    (Administrative Citation)
    GALLATIN NATIONAL COMPANY,
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the July 7,
    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 July 5,
    1994.
    The Agency alleges that on May
    6,
    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 L.F., violated Section
    21(0) (13)
    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 Ill.
    Adra.
    Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boar~hereby certify that the above order was adopted on the
    /~?_
    day of
    /~
    ,
    1994, by a vote of
    D~rothyM.~unn, Clerk
    Illinois Pollution Control Board
    BEFORE
    THE ILLINOIS POLLUTION CONTROL
    B
    AR~ECEIVED
    ADMINISTRATIVE CITATION
    JUL —71994
    STATE
    OF ILL~NOLS
    POLLUTION
    CONTROL BOAT~D
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    ) AC______
    )
    (IEPA
    No. 328—94—AC)
    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.
    111
    1/2, 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.
    199l—05—LF, and designated with Site Code No. 0578080002.
    Said facility
    is
    commonly known
    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 May 24,
    1994, John Taylor, of
    the Illinois Environmental
    Protection Agency,
    inspected the financial
    records of 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.
    Page
    2
    VIOLATIONS
    On the basis of direct observation of John Taylor,
    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.
    111
    1/2,
    para.
    1021(d),
    In a manner which resulted
    in the following
    conditions:
    A.
    That on May 24,
    1994 an Inspection and review of IllinoIs
    Environmental Protection Agency files and financial records of said sanitary
    landfill facility, disclosed the following:
    (1)
    Failure
    to submit any cost estimate for the site or any
    performance bond or other security for the site as required by
    this Act or Board rules
    in violation of 415 JLCS 5/21
    (o)(13),
    1992;
    Ill. Rev. Stat.
    ch.
    111
    1/2,
    para.
    l021(o)(l3).
    CIVIL PENALTY
    Pursuant to 415 ILCS 5/42(b)(4),
    1992;
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    l042(b)(4), 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.
    Page
    3
    If you acknowledge
    the violation cited hereinabove,
    the
    civil penalty
    specified
    above
    shall
    be
    due and payable no later than August 10,
    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 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.
    Page
    4
    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.
    111
    1/2,
    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.
    4
    6~
    Mary A.
    Ga e, Director
    Illinois Environmental Protection Agency
    Prepared
    by:
    Todd Rettig
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O.
    Box
    19276
    Springfield,
    IL
    62794—9276
    217/782—5544
    Date:
    ___________________
    rmi /812w/3l—34
    1
    RECE~VED
    REMITTANCE FORM
    I
    JUL
    -71994
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    ~
    Complainant,
    )
    ~.C7/
    •7/~
    v.
    )
    328-94-AC
    GALLATIN NATIONAL COMPANY
    )
    Respondent.
    )
    FACILITY:
    Gallatin National Company
    SITE CODE NO.:
    0578080002
    COUNTY:
    Fulton
    CIVIL PENALTY:
    $$500.OO
    DATE OF INSPECTION:
    May 24,
    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.
    rmi /812w/35

    Back to top