ILLINOIS POLLUTION CONTROL BOARD
August 11, 1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 94—40
(IEPA No. 325—94—AC)
(Administrative Citation)
ATKINSON LANDFILL COMPANY,
)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the June 23,
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 Atkinson Landfill Company
on June 24,
1994.
The Agency alleges that on April 27,
1994,
Atkinson Landfill Company, present owner and/or operator of a
facility located in Henry County and commonly known to the Agency
as Henry County Landfill #2, violated Section 21(o)(1),
21(o)(2),
21(o)(3), 21(o)(5), 21(o)(9) and 21(0) (12)
of the Act.
The
statutory penalty established for each violation is $500.00
pursuant to Section 42(b) (4) of the Act.
Atkinson Landfill 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 Atkinson
Landfill Company has violated the provisions alleged in the
Administrative Citation.
Since there are six
(6)
such
violations, the total penalty to be imposed is $3,000.00.
1.
It is hereby ordered that,
unless the penalty has already been
paid,
within 30 days of the date of this Order Atkinson
Landfill Company shall,
by certified check or money order
payable to the Illinois Environmental Protection Trust Fund,
pay a penalty in the amount of $3,000.00,
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
2
case name and number and its social security or federal
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.
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.)
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify_that the above order was adopted on the
//Z~~day of
~
~4—
,
1994, by a vote of
____•
//
~.
/~
Dorothy M.1-Øunn, Clerk
Illinois Po’llution Control Board
riV~1
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
JUN
231994
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
POLLUDON
CONTROL BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
)
V.
)
AC_______
)
(JEPA
No. 325—94—AC)
ATKINSON LANDFILL 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, Atkinson Landfill Company,
is the present operator
of a facility located
in the County of Henry,
State of Illinois.
2.
That said facility
is operated as
a
sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit
No.
1980—33—OP. and desiqnated with Site Code No. 0730200003.
Said facility
is
commonly known
to the Agency as
Henry County Landfill #2.
3.
That Respondent
has owned
or operated
said facility
at
all
times
pertinent hereto.
Page
2
4.
That on April
27,
1994,
Robert Wagner, 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 Robert
Wagner,
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 April
27,
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)
Refuse
in standing or flowing water,
in violation of 415
ILCS
5/21(o)(l),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1021(o)(l).
(2)
Conducting
a sanitary
landfill operation
in
a manner which
results
in leachate flow entering Waters
of the
State,
in
violation of 415 ILCS 5/21(o)(2),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
l021(o)(2).
Page
3
(3)
Conducting
a sanitary
landfill operation in
a manner which
results
in
leachate flows exiting
the landfill confines,
in
violation of 415 ILCS 5/2l(o)(3),
1992;
Ill. Rev. Stat.
ch.
ill
1/2,
para.
lO2l(o)(3).
(4)
Uncovered refuse remaining from a previous operating day,
In
violation of 415 ILCS 5/2l(o)(5),
1992;
Ill.
Rev. Stat.
di.
111
1/2,
para.
102l(o)(5).
(5)
Deposition of refuse
in any unpermitted portion of the landfill,
in violation of 415 ILCS 5/2l(o)(9),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
102l(o)(9).
(6)
Failure
to collect and contain litter from the site by the end
of each operating day,
In violation of 415 ILCS 5/21(o)(12),
1992;
111.
Rev.
Stat.
ch.
Ill
1/2,
para.
lO2l(o)(12).
CIVIL PENALTY
Pursuant
to 415
ILCS 5/42(b)(4),
1992;
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1042(b)(4), Respondent
herein
is subject to
a civil
penalty of Five Hundred
Dollars
($500.00) for each violation specified above
in Paragraphs A(l)
through A(6),
for
a
total
of Three Thousand Dollars ($3,000.00).
Additionally, should
Respondent elect to petition the Illinois Pollution
Control Board under the review process described hereinbelow, and If
Page 4
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 for each finding of violation.
i~you acknowledge the violations cited hereinabove,
the civil
penalty specified above
shall
be due and payable no later
than July 29,
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
Page
5
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.
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.
Ill
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
Page
6
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.
‘7V)~~
A.
~L
Mary A.
Gade, 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:
__________
kw/822w,l6—20
REMITTANCE FORM
J~JI.~
231994
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
~
)
Complainant
)
7~~Y27
v.
)
E A 325-94-AC
)
)
ATKINSON LANDFILL COMPANY,
)
)
Respondent
)
FACILITY:
Henry County L.F.
#2
SITE CODE NO:
0730200003
COUNTY:
Henry
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
April
27,
1994
DATE REMITTED:
__________________________
SS/FEIN NUMBER:
___________________________
SIGNATURE:
_______________________________
NOTE
Please enter the date of your remittance, your Social Security number (SS)
if ~and
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.