ILLINOIS POLLUTION CONTROL BOARD

March 31,

1994

COUNTY OF DUPAGE,

)

Complainant,

)

v

)

 AC 94—10

(County No.

 94CD022)

)

 (Administrative Citation)

WASTE MANAGEMENT OF ILLINOIS,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a February 14,

1994

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

 (Act)

 by DuPage County.

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 of

Illinois on February 9,

 1994.

 DuPage County alleges that on

December

14,

 1993, Waste Management of Illinois, present owner

and/or operator of a facility located in DuPage County and

commonly known to the Agency as Greene Valley Landfill, violated

Section 21(o)(5) of the Act.

 The statutory penalty established

for this violation is $500.00 pursuant to Section 42(b)(4)

 of the

Act.

Waste Management of Illinois 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 of Illinois, 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 of Illinois shall,

 by certified check or money

order payable to the DuPage County Treasurer, pay a penalty in

the amount of $500.00, which is to be sent to:

Rodd Elges

DuPage County Solid Waste Department

421 N. County Farm Road

Wheaton,

 Illinois 60187

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.

2

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. Mm. Code 101.246,

 Motions for Reconsideration.)

IT IS SO ORDERED.

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the

 bove order was adopted on the

~/-~

 day of

771’

 1994, by a vote of

____

 Clerk

ution Control Board

Illinois

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

FEB

141994

ADMINISTRATIVE CITATION

SlATE

LLINO~S

POLLUrON

CONTROL

BOARD

COUNTY

DUPAGE,

)

)

PETITIONER

)

)

 AC________

)

 State’s Attorney

WASTE MANAGEMENT OF ILLINOIS,

)

 File Nos. 94CD022

94SA022

)

RESPONDENT.

JURISDICTION

This Administrative Citation is issued pursuant to authority vested

in the Illinois Environmental Protection Agency by Public Act 84-

1320 (Illinois Compiled Statutes,

 1992, Ch. 415, par. 5/31.1), and

delegated to DuPage County pursuant to Illinois Compiled Statutes,

1992,

Ch.

 415, par.

 5/4.

FACTS

1.

 Respondent,

 Waste

 Management

of

 Illinois,

is

the

 present

operator of a facility located in the County of DuPage, State

of Illinois.

2.

 Said facility is operated as

 a sanitary landfill,

 operating

under

 Illinois

 Environmental

 Protection

 Agency

 Operating

Permit

No.

 1974—30—OP,

and

 designated with

 Site

 Code No.

0438030001.

 Said facility is commonly known to the Agency and

DuPage County as Greene Valley Landfill.

3.

 Respondent has owned or operated said facility at all times

pertinent hereto.

4.

 Respondent was issued a compliance inquiry letter on November

10,

 1993,

 (attached hereto as Exhibit

 “A” and made a part

hereof)

for

 uncovered

 refuse

 remaining

 from

any

 previous

operating day,

 for inadequate depth

 of daily cover and

for

failure to collect and contain litter from the site by the end

of each operating day which violations were observed during an

inspection by inspector Rodd Elges on November

2,

 1993.

On November 18,

 1993 the Respondent responded in writing to

DuPage County (attached hereto as Exhibit “B” and made a part

hereof), with regard to the adoption of a new policy to ensure

all

 construction/demolition

 loads

are

 inspected,

 however,

provided no direct response to the uncovered refuse remaining

from any previous operating day.

—1—

5.

 Inspector,

 Rodd Elges of the County of DuPage,

 conducted an

inpsection of said facility on November 30, 1993 at which time

he observed uncovered refuse from any previous day operations,

inadequate depth of daily cover,

 and failure to comply with

the terms and conditions of the facility’s supplemental permit

(#1993—140-SP).

 Inspector

 Elges’s

 observations

are

the

subject

of

 Administrative

 Citation

 Number

 94-4

 presently

pedning before the Pollution Control Board

6.

 Inspector,

 Dean Olson of the County of DuPage, conducted a

subsequent inspection of said facility on December 14, 1993,

at which time he observed exposed refuse from any previous day

operations,

 inadequate depth of daily

 cover,

 and failure to

comply

 with

the

 terms

and

 conditions

of

the

 facility’s

operating permit.

 A verified copy of the inspection report,

with narrative, setting forth the results of such inspection

is attached hereto as Exhibit “C” and made a part hereof, and

 are the subject of this inspection.

VIOLATIONS

On the basis

 of Dean Olson’s direct observations,

 the County of

DuPage

has

 determined

 that

 Respondent

was

 conducting

 sanitary

landfill

 operations

at

the

 above-described

 facility,

 which

is

required to have a permit pursuant to Illinois Compiled Statutes,

1992,

Ch.

 415,

 par.

 5/21

 (d),

in

 a manner which resulted in the

following conditions:

A.

 That

on

 December

14,

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:

Refuse in standing or flowing water,

 in violation

of Illinois Compiled Statutes,

 1992,

Ch.

 415,

 par.

5/21(o) (1)

 1(P)

(1)).

Conducting

a

 sanitary

 landfill

 operation

in

a

manner which results in leachate flows exiting the

landfill

 confines,

in

 violation

of

 Illinois

 Compiled Statutes,

 1992,

Ch.

 415, par.

 5/21(o)(2)

formerly

 (p)(2)).

Conducting

a

 sanitary

 landfill

 operation

in

a

manner

 which

 results

in

 leachate

 flow

 entering

Waters

of

the

 State,

in

 violation

of

 Illinois

Compiled Statutes,

 1992,

Ch.

 415,

 par.

 5/21(0) (3)

formerly

 (p) (3).

Open burning

of

 refuse,

 in violation of Illinois

Compiled Statutes,

 1992,

Ch.

 415,

 par.

 5/21(0) (4)

formerly

 ~p)(4).

—2—

X

 Uncovered

 refuse

 remaining

 from

a

 previous

operating

 day,

in

 violation

 of Illinois Compiled

Statutes,

 1992,

Ch.

 415,

 par.

 5/21(0) (5)

 formerly

(p) (5)).

Failure to provide final cover within time limits

established by Pollution Control Board regulations,

in violation of Illinois Compiled Statutes,

 1992,

Ch. 415,

 par. 5/21(o)(6)

 formerly

 (p)(6).

Acceptance of wastes without necessary permits,

in

violation of Illinois Compiled Statutes,

 1992,

Ch.

415, par.

 5/21(o)(7)

 formerly

 (p)(7)).

Causing

or

 allowing

 scavenging

 operations,

in

violation of Illinois Compiled Statutes,

 1992,

Ch.

415, par. 5/21(o)(8)

 formerly

 (p)(8)3.

Deposition of refuse in any unpermitted portion of

the

 landfill,

in

 violation

of

 Illinois

 Compiled

Statutes,

 1992,

 Ch. 415,

 par. 5/21(o) (9)

 formerly

(p) (9)).

Acceptance

of

 special

 waste

 without

a

 required

manifest,

in

 violation

of

 Illinois

 Compiled

Statutes, 1992,

 Ch. 415, par. 5/21(o) (10) formerly

(p) (10)).

Failure to submit reports required by permits

or

pollution Control Board Regulations,

 in violation

of Illinois Compiled Statutes,

 1992,

 Ch. 415, par.

5/21(o)(11)

 (formerly (p)(11)).

Failure to collect and contain litter from the site

by the end of each operating day,

 in violation of

Illinois

 Compiled

 Statutes,

 1992,

Ch.

 415,

 par.

5/21(o)(12)

 (formerly (p)(12)).

CIVIL PENALTY

Pursuant

to

 Illinois

 Compiled

 Statutes,

 1992,

Ch.

 415,

 par.

5/42(b) (4), Respondent herein is subject to a civil penalty of Five

Hundred Dollars

 ($500.00)

 for each violation specified above

in

Paragraph A.

 One violation totaling Five Hundred Dollars ($500.00)

is identified.

Should Respondent elect to petition the Illinois Pollution Control

Board under the review process described herein below, and if there

is

a

 finding

of

the

 violation(s)

 alleged

 herein,

 after

an

adjudicatory hearing, Respondent shall be assessed the associated

hearing costs

 incurred by the DuPage County State’s Attorney and

the

 Illinois Pollution

 Control

 Board,

in

 addition to

the

 Five

Hundred Dollar statutory penalty for each finding of violation.

—3—

If

you

 acknowledge

the

 violations

 cited

 hereinabove,

the

 civil

penalty specified above

 shall

 be due and payable no

 later than

March

15,

 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

DuPage County Treasurer, and mailed to the attention of Rodd Elges,

DuPage County Solid Waste Department, located at 421 N. County Farm

Road, Wheaton, Illinois 60187.

 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 DuPage County

 State’s

 Attorney may

 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 State’s Attorney will seek to

recover their costs of litigation.

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation.

See

Public Act 84-1320 (Illinois Compiled Statutes, 1992, Ch. 415, par.

5/31).

 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

 DuPage

 County

 State’s

 Attorney,

 Attention:

Raymond

 L. Hansen.

 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;

—4—

and,

 a copy

 of said Petition

 for Review

 filed with the DuPage

County

 State’s

 Attorney

at

505

N.

 County

 Farm

 Road,

 Wheaton,

Illinois 60187, Attention:

 Raymond L. Hansen.

Rajmond L.

 Hansen

Assistant State’s Attorney

For:

 James E. Ryan

DuPage County State’s Attorney

Date:

fcI~li~/6r,;~y

1994

—5—

REMITTANCE

FORM

COUNTY

DUPAGE,

)

PETITIONER

)

 AC No._________

)

 State’s Attorney

V.

)

 File Nos. 94c~D022

)

94SA022

)

WASTE MANAGEMENT OF ILLINOIS,

)

)

RESPONDENT.

FACILITY: GREENE VALLEY LANDFILL

 SITE CODE NO.: 0438030001

COUNTY:

 DUPAGE

 CIVIL PENALTY: $500.00

DATE OF INSPECTION: DECEMBER 14,

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 DuPage County Solid Waste Department,

 421 N. County Farm Road,

Wheaton,

 Illinois

 60187.

 Make the check payable to the DuPage

County Treasurer.