ILLINOIS POLLUTION CONTROL
BOARD
December
2,
1993
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
AC 93—56
(IEPA Docket No.
745-93-AC)
KNOX COUNTY LANDFILL
)
(Administrative Citation)
COMMITTEE,
Respondent.
ORDER OF THE BOARD:
This matter
comes
before the Board upon an October 25, 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 Knox County Landfill
Committee on October 21,
1993.
The Agency alleges that on August
24,
1993,
Knox County Landfill Committee,
present owner and/or
operator of a facility located in Knox County,
and commonly known
to the Agency as Knox County Landfill #3, violated Sections
21(0) (10)
and 21(o) (7)
of the Act.
The statutory penalty
established for each of these violations
is $500.00 pursuant to
Section 42(b) (4)
of the Act.
Knox County Landfill Committee 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 Knox County
Landfill Committee 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
paid, within
30 days of the date of this Order Knox County
Landfill Committee
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. Adm.
Code
101.246, Motions for Reconsideration.)
IT
IS
SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Bo~rd, hereby certify that the above order was adopted on the
________day of
,
1993,
by a vote of_________
Dorothy M.
Gur~n, Clerk
Illinois Pollution Control Board
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
)
AC_____________
v.
)
(IEPA 745-93-AC)
KNOX COUNTY LANDFILL COMMITTEE,
Respondent.
)
JURISDICTION
This Administrative Citation is
issued pursuant to authority vested
in
the Illinois Environmental
Protection Agency by
Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1031.1.
FACTS
1.
That Respondent
is
the present owner and/or operator of
a facility
located
in the County
of
Knox,
State
of
Illinois.
2.
That said facility
is
operated as
a sanitary landfill,
operating
under
Illinois Environmental
Protection Agency Operating Permit
No.
1990-93-OP,
and designated with Site Code No. 0958160003.
Said facility
is
comonly known
to the Agency
as Knox County Landfill
#3.
3.
That Respondent has
owned and/or operated
said facility at
all
times
pertinent
hereto.
4.
That
on August
24,
1993,
James
Jones, of the Illinois Environmental
Protection Agency,
inspected the above described 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 James Jones,
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.
1991,
ch.
111
1/2,
par.
1021(d),
in
a manner which resulted in the following conditions:
A.
That on August 24,
1993 an on-site inspection of said sanitary
landfill
facility and
a
review of Illinois Environmental
Protction Agency
files and records of said facility, disclosed the
following:
(1)
Acceptance of special waste without
a required manifest,
in
violation of Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par,
1021(o)(10)
formerly
1021(p) (10).
(2) Acceptance of wastes without necessary permits,
in violation
of Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1021(o)(7)
formerly
1021 (p) (8)
CIVIL PENALTY
Pursuant to
Ill.
Rev.
Stat.
ch.
111
1/2, para.
1042(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 Control
Board under the review process
described L~‘einbelow,
and
if there
is
a finding of the violations alleged
herein, after an adjudicatory hearing, Respondent shall
be
—2-
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.
If you acknowledge
the
violations
cited
hereinabove,
the civil
penalty specified
above
shall
be due and payable
no later
than November_27,1993
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.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
—3—
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 Generals
Office will seek to recover
their
costs of litigation.
PROCEDURE
FOR CONTESTING THIS
ADMINISTRATIVE CITAT1Q1~
You have the
right
to contest
this Administrative Citation.
See
Ill.
Rev.
Stat.
ch.
ill
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
iiii.L~t 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
Gade,
Dire tor
Illinois Environmental Protection Agency
Prepared
by:
Todd Rettig
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box
19276
Springfield,
IL
62794—9276
21 7/782—5544
Date:
/~//9/53
kw/l99lv,l5—18
PM
ILLINCJ~ ENViP0NMENT~ PP~TEfl.Ir~N~0ENC~,
~ rant
PA
7459~r
kNQ~
C0UNT~
LANDrILL
OMMITTE,
FACILITY:
Knox County L,F. #3
SITE CODE NO.:
0958160003
DATE OF
INSPECTION:
August
24,
1993
CIVIL PENALTY:
$
1,000.00
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.
kw/199lv, 19