ILLINOIS POLLUTION CONTROL BOARD
    October
    7,
    1993
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    AC 93—22
    )
    (IEPA Docket No.
    337-93-AC)
    SALINE COUNTY LANDFILL, INC.,
    )
    (Administrative Citation)
    DAVID FITZPATRICK and
    JOHN
    0.
    )
    FITZPATRICK,
    )
    Respondents.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a June 28,
    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 Saline County Landfill on
    June 25,
    1993.
    The Agency alleges that on April 30,
    1993,
    Saline
    County Landfill, present owner and/or operator of a facility
    located in Saline County, and commonly known to the Agency as
    Harrisburg/Saline County Landfill, violated Sections 21(0) (5) and
    21(0) (12)
    of the Act.
    The statutory penalty established for each
    of these violations
    is $500.00 pursuant to Section 42(b)(4) of
    the Act.
    Saline County Landfill 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 Saline County
    Landfill 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 penalty has already been
    p~d, within 30 days of the date of this Order Saline County
    Landfill 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:
    2
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    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
    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.
    Adiu. Code
    101.246, Motions for Reconsideration.)
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certif
    that the above order was adopted on the
    day of
    ,
    1993, by
    a vote of
    7~
    ~t.
    /~
    Dorothy N. 4inn,
    Clerk
    Illinois P~l/lutionControl Board
    BEFORE THE ILLINOIS POLLUTION CONTROL BO4~~LJ~~
    ADMINISTRATIVE CITATION
    ~
    2
    81993
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    LST~J~gDo~
    Complainant,
    )
    v.
    ) AC_______
    )
    (IEPA
    No. 337—93—AC)
    SALINE COUNTY LANDFILL,
    INC.,
    DAVID
    L.
    )
    FITZPATRICK AND JOHN 0.
    FITZPATRICK,
    )
    )
    Respondents.
    JURISDICTION
    This Administrative Citation
    is
    issued pursuant
    to authority vested
    In the
    Illinois Environmental Protection Agency by
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2, para.
    1031.1
    (1991).
    FACTS
    1.
    That Respondents,
    Saline County Landfill,
    Inc., David
    L.
    Fitzpatrick
    and John 0.
    Fitzpatrick,
    are
    the present operators of a facility located
    in
    the County of Saline, State of
    Illinois.
    2.
    That said facility
    is operated as
    a sanitary landfill, operating
    under
    Illinois Environmental Protection Agency Operating Permit No.
    1983—9—OP,
    and designated with Site Code
    No.
    1658080001.
    SaId facility
    is commonly known
    to the Agency as Harrisburg/Saline County Landfill.
    3.
    That Respondents have owned or operated said facility
    at all
    times
    pertinent hereto.
    4.
    That on Apr11
    30,
    1993,
    Ronald Clark, 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 Ronald Clark,
    the Illinois
    Environmental Protection Agency has determined
    that Respondents were
    conducting
    a sanitary
    landfill operation at the above—described facility,
    which
    is
    required
    to have
    a permit pursuant
    to
    Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    1021(d)
    (1991),
    in
    a manner which
    resulted
    in the following conditions:
    A.
    That on April
    30,
    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.
    ill
    1/2,
    para.
    1021(o)(5)
    (1991)
    formerly
    l021(p)(5).
    (2)
    Failure to collect and contain litter from the
    site by the end
    of each operating day,
    in violation of Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    lO2l(o)(12)
    (1991)
    formerly
    lO2l(p)(12).
    CIVIL PENALTY
    Pursuant to Ill.
    Rev.
    Stat.
    ch.
    111
    1/2,
    para.
    l042(b)(4)
    (1991),
    Respondents herein are 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 Respondents 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,
    Respondents
    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
    August
    2,
    1993
    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.0;
    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.
    —3—
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right
    to contest this Administrative Citation.
    ~
    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.
    Mary A. ~de, Director
    Illinois Environmental
    Protection Agency
    Prepared
    by:
    Richard C.
    Warrington,
    Jr.
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O.
    Box
    19276
    Springfield,
    IL
    62794—9276
    217/782—5544
    Date:
    _________________________
    rlc/l l97v,39—42
    -4—
    IL-’
    ‘s:
    ~EMITTANCE
    FORtI
    ~,
    )r
    ~\j
    JUN28
    ~d
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    J\~L
    )
    STATE O~
    I
    Complainant,
    )
    /2
    v.
    )
    EPA 337—93—AC
    SALINE COUNTY LANDFILL,
    INC.
    ,
    DAVID
    L.
    )
    FITZPATRICK AND JOHN 0.
    FITZPATRICK,
    Respondent.
    )
    FACILITY:
    Saline County L.F.
    SITE CODE NO.:
    1658080001
    COUNTY:
    Saline
    CIVIL PENALTY:
    $1,000.00
    DATE OF INSPECTION:
    April
    30,
    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 mall,
    along with Remittance Form,
    to Illinois Environmental Protection
    Agency, Attn.:
    Fiscal
    Services, 2200 Churchill
    Road, P.O.
    Box
    19276,
    Springfield,
    IllInois 62794—9276.
    nc/i 197v,43

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