ILLINOIS POLLUTION CONTROL BOARD
October 7,
1993
COUNTY OF CHRISTIAN,
Complainant,
)
v.
)
AC 93—38
)
(County No. LF-017-93)
WASTE MANAGEMENT,
INC., d/b/a
)
(Administrative Citation)
FIVE OAKS RDF,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an August 23,
1993
filing of an Administrative Citation pursuant to Section 311 of
the Illinois Environmental Protection Act
(Act)
by the County of
Christian.
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 on August 18,
1993.
The County of Christian alleges
that on July 28,
1993, Waste Management, present owner and/or
operator of a facility located in Christian County and commonly
known to the Agency as TaylorvillefFive Oaks RDF, violated
Section 21(o) (5)
of the Act.
The statutory penalty established
for each of this violation is $500.00 pursuant to Section
42(b) (4)
of the Act.
Waste Management 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 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 shall,
by certified check or money order
payable to the Christian County Treasurer, pay a penalty
in the amount of $500.00 which is to be sent to:
County of Christian
Christian County Treasurer
P.O. Box 199
Taylorville,
Illinois
62568
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 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
4
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
oi.
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_Board,
hereby certf
at the above order was adopted on the
7~1-
day of
,
1993,
by a vote of
7—0
Dorothy M.
G,4in,
Clerk
Illinois Po~itionControl Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF CHRISTIAN,
)
)
Complainant,
)
0
v.
)
AC93-____________
)
(County No. LF-017-93)
WASTE MANAGEMENT INC.,
)
dlb/a FIVE OAKS RDF,
)
)
Respondent.
)
JURISDICTION
This Administrative
Citation is issued pursuant to authority vested in the Christian County
Solid Waste Management Department by
ilL
Comp. £tai.. 1992,
ch.
415, par.
5131.1.
FACTS
1.
ThatRespondent, WasteManagementInc., is thepresent operatorofa facility located
in the County of Christian, State
ofIllinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental Protection Agency Operating Permit No.
1
978-4-OP, and designated with Site Code
No. 0218160006.
Said facility is commonly known to the Agency as TaylorvillelFive Oaks RDF.
3.
That Respondent has owned or operated said facility at all times pertinent hereto.
4.
That
on
July
28,
1993.
Scott
Lucey,
of
the
Christian
County
Solid
Waste
Management Department, inspected the above-described landfill facility.
A copyofthe 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
Scott Lucey, the
Christian
County
Solid
Waste
Management
Department
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 Comp.
S.i~t~
1992,
ch. 415, par.
5/21(d),
in a manner which resulted in
the following conditions:
A.
That
on
July 28,
1993 an
on-site inspection of said sanitary landfill facility and a
review ofChristian County Solid Waste Management Department files and records of said facility,
disclosed
the following:
1.
Uncovered refuse remaining from a previous operating day, in violation of
llL~
Comp.
~
1992, ch. 415, par. Sf2l(o)(5).
2.
Inadequate depth of daily cover, in violation ofSection 807.305(a) ofthe 35
Ill. Adm. Code,
Subtitle G.
CIVIL PENALTY
Pursuant to iiJ~.Comp. ~
1992, ch. 415, par.
5/42(bX4),
Respondent herein is
subject to
a
civil
penalty ofFive Hundred Dollars ($500.00) for the violation specified above Paragraph A. I.
above, 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 ofthe violations alleged herein, afteran adjudicatory hearing, Respondent 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 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 22, 1993,
35 days from filing.
If you do not petition the
Illinois Pollution Control
Board
for review ofthis Administrative Citation
within thirty-five (35)
daysofservice hereoforif 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
Christian
County
Treasurer and mailed to the County of Christian
do Christian
County Treasurer, P.O.
Box
199,
Taylorville, Illinois 62568.
Also, please complete and
return
theenclosed 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 reviewprocess 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 or the
Christian
County
State’s Attorney
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 Pollution Control Board, if any, the Attorney General’s Office orthe Christian
County
State’s Attorney’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.
See
fli.
Comp.
~
1992,
ch.
415, par.
5/31.1.
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 ofthe Petition for Review
should be filedwith Illinois Environmental Protection Agency and theChristian County Solid Waste
Management Department.
Such
Petition for Review mu~
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 theState 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 ofLegal Counsel and a copy to the Christian County Solid Waste Management
Department at
305
South Webster Street, Taylorville, Illinois 62568.
By:__________
David H. Martin
Assistant State’s Attorney
CCSWMlEnforccmcnt
Date:
~//~J~2
Prepared by:
David H. Martin
Christian
County Solid Waste Management
305
S. Webster St.
Taylorville,
IL
62568
(217)287-2334
CERTIFIED MAIL #
~1
2’14
-1-it
REMITTANCE FORM
COUNTY OP CHRISTIAN,
)
)
Complainant,
AC 93—38
v.
)
(County No. LP-017-93)
)
WASTE
MANAGEMENT,
INC., d/b/a
)
FIVE OAKS RDP,
)
)
Respondent.
FACILITY:
Taylorville/Pive
SITE CODE
NO.:
021860006
Oaks RDP
COUNTY:
Christian
CIVIL
PENALTY:
$500.00
DATE OF INSPECTION: July 28,
1993
DATE REMITTED:_____________________________
SS/PEIN NUMBER:____________________________
SIGNATURE:___________________________________
NOTE
Please enter the date of your remittance,
your
Social
Security
number
(88)
if an individual,
or Federal Employer Identification
Number
(PEIN)
if a corporation, and sign this Remittance Form.
Be sure your check is enclosed and mail, along with Remittance
Form to:
County of Christian, Christian County Treasurer, P.O.
Box 199, Taylorville, Illinois 62568.