ILLINOIS POLLUTION CONTROL BOARD
February 17,
1994
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Complainant,
)
V.
)
AC 93—65
)
(IEPA Docket No.
858-93—AC)
GALLATIN NATIONAL COMPANY,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a December 27,
1993
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 December 23,
1993.
The Agency alleges that on October 29,
1993, Gallatin National Company, present owner and/or operator of
a facility located in Fulton County, and commonly known to the
Agency as Gallatin National Company, violated Sections 21(o) (5)
and 21(o) (11)
of the Act.
The statutory penalty established for
each of these violations
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 each and every provision alleged in
the Administrative Citation.
Since there are two
(2) such
violations,
the total penalty to be imposed is set at $1,000.00.
1. It is hereby ordered that, unless the ~ena1ty 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 State of Illinois and designated for deposit
into the Environmental Protection Trust Fund, pay a penalty in
the amount of $1,000.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield,
IL
62794—9276
2
2. Respondent shall include the remittance
form
and write the
case name and number and their social security or federal
Employer Identification Number on the certified check or money
or4er.
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
this 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, Notions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certi~~hat the above order was adopted on the
/7ZZ~
day of
v~L~/~?.1
,
1994, by a vote of
~
//~
Dorothy M,~7Gunn,Clerk
Illinois ~ol1ution
Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~V~D
ADMINISTRATIVE CITATION
D~C
2 71993
0
ILLiNOIS
POLUJPC,:
~2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
V.
)
AC_______
)
(IEPA No. 858—93—AC)
GALLATIN NATIONAL COMPANY,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is
issued pursuant to authority vested
in
the
Illinois Environmental Protection Agency
by
Ill.
Rev.
Stat.
ch.
ill
1/2,
para.
1031.1
(1991).
FACTS
1.
That Respondent, Gallatln 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.
1991—005—LF,
and designated with Site Code No.
0578080002.
Said facility
is
commonly known to the Agency as Gallatin National Company.
3.
That Respondent
has owned or operated said facility at all
times
pertinent hereto.
4.
That on October 29,
1993,
Lawrence Dutton, 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 Lawrence Dutton,
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 Ill.
Rev.
Stat.
ch.
Ill
1/2,
para.
1021(d) (1991),
in a manner which resulted
in the following conditions:
A.
That on October 29,
1993
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)
Uncovered refuse remaining from a previous operating day,
in
violation of Ill.
Rev.
Stat.
ch.
111
1/2,
para.
l021(o)(5)
(1991) (formerly 1021(p)(5).
(2)
Failure to submit reports required by permits or Pollution
Control Board Regulations,
in violation of Ill.
Rev.
Stat.
ch.
111
1/2,
para.
102l(o)(ll)
(1991) (formerly l021(p)(ll).
CIVIL PENALTY
Pursuant to Ill.
Rev.
Stat.
ch.
111
1/2,
para.
l042(b)(4)
(1991),
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
One Thousand Dollars ($1,000.00).
Additionally,
should Respondent elect to
petition the Illinois Pollution Corrtrol 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 for each finding of violation.
—2—
If you acknowledge the violations cited hereinabove,
the
civil
penalty specified above
shall
be due and payable no later than
February
1,
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 I1linoi~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.
—3—
PROCEDURE
FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have
the right to contest this Administrative Citation.
See
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1031.1
(1991).
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.
2n0~
4. ~
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:
_____________________
dls/2383v/l 6—19
—4-
~E~E1VED
REMITTANCE FORM
DEC 271993
ST,~TEOF
ILUNOJS
~LLUT~ONCONT~OL8OARC
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY,
)
Comp 1a I nant,
)
,1~_
~
v.
)
E~A858—93—AC
)
GALLATIN NATIONAL COMPANY,
)
)
Respondent.
)
FACILITY:
Gallatin National
L.F.
SITE CODE NO.:
0578080002
COUNTY:
Fulton
CIVIL PENALTY:
$1,000.00
DATE OF INSPECTION:
October 29,
1993
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.
dl s/2383v/20