RECE1VED~J

ILLINOIS POLLUTION CONTROL BOARD

November

4,

1993

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

)

Complainant,

v.

)

 AC 93—44

)

 (IEPA No.

622—93—Ac)

ATKINSON LANDFILL

COMPANY,

)

 (Administrative Citation)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon an September 23,

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 Atkinson Landfill on

September 22 and September 23,

 1993.

 The Agency alleges that on

July 30,

 1993, Atkinson Landfill, present owner and/or operator

of a facility located in Henry County, and commonly known to the

Agency as Henry County Landfill #2, violated Section 21(p) (5)

of

the Act.

 The statutory penalty established for this violation is

$500.00 pursuant to Section 42(b) (4) of the Act.

Atkinson 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 Atkinson Landfill 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 Atkinson

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 $500.00 which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

IL

62706

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.

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.

 Adm. Code

101.246,

Motions

for

Reconsideration.)

ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Boa d

 hereby certify that the above order was adopted on the

_______day of

 1993,

 by a vote Of

~

Dorothy M. ,6~nn,Clerk

Illinois PôjIlution Control Board

RECE1VED~J

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~

 SEP. 2

3

1993

ADMINISTRATIVE CITATION

 S1ATE0FLLR\~OtS

~QLLUTION

CON

IROL

BOARD

ILLINOIS ENVIRONMENTAL PROTECTION

 AGENCY,

)

Complainant,

)

AC_____

)

 (IEPA

No.

 622—93—AC)

ATKINSON LANDFILL 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, Atkinson Landfill Company,

Is

 the present operator

of a facility located

 In the County of Henry, State of Illinois.

2.

 That said facility

 is operated as

 a sanitary

 landfill, operating

under Illinois Environmental Protection Agency Operating Permit

No.

1980—33—OP, and designated with Site Code No. 0730200003.

 Said facility

is

commonly known

 to the Agency

 as Henry County Landfill #2.

3.

 That Respondent

 has owned or operated said facility at all

 times

pertinent hereto.

4.

 That on July 30,

 1993, James

 Jones, 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.

Page

2

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.

ch.

lii

 1/2,

para.

1021(d)

 (1991),

 in a manner which resulted

 in the following conditions:

A.

 That on July

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:

(I)

 Uncovered refuse remaining from a previous operating day,

in

violation of Ill.

 Rev.

 Stat.

ch.

ill

 1/2,

 para.

 1021(o)(5)

(1991)

 tformerly 1021(p)(5fl.

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 the violation specified above

 in Paragraph A.

 Additionally,

should Respondent 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, 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.

If you acknowledge the violations cited hereinabove,

 the civil

 penalty

specified above

 shall

 be due and payable no later

 than

 October 30,1993

Page

3

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

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.

Page 4

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have

 the right

 to contest this Administrative

 Citation.

£e.~

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.

?~L~

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:

 September 20,1993

dks/l636v,

 71—74

RECEiVED

REMITTANCE FORM

SEP

 2 31993

STATE OF

ILLINOIS

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

POLLUTION

CONTROL BOARD

Comp 1 a I nant,

)

v.

)

 EPA 622—93—AC

)

ATKINSON LANDFILL COMPANY,

)

)

Respondent.

)

FACILITY:

 Henry County L.F.

#2

 SITE CODE NO.:

0730200003

COUNTY:

 Henry

 CIVIL PENALTY:

 $500.00

DATE OF INSPECTION:

 July

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.

dks/1636v,

75