ILLINOIS POLLUTION CONTROL BOARD
    January 20,
    1994
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    AC 93—61
    )
    (IEPA Docket No. 801—93—AC)
    ILLINOIS WASTE SYSTEMS,
    )
    (Administrative Citation)
    )
    Respondent.
    ORDER OF THE BOARD:
    This matter conies before the Board upon a December 6,
    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 Illinois Waste Systems on
    December 2,
    1993.
    The Agency alleges that on October 8,
    1993,
    Illinois Waste Systems, present owner and/or operator of a
    facility located in Iroquois County,
    and commonly known to the
    Agency as Nilford/Illinois Waste Systems, violated Sections
    21(o) (6) and 21(o) (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.
    Illinois Waste Systems 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 Illinois Waste
    Systems 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 Illinois Waste
    Systems 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:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    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
    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
    Board,
    hereby c t~y that the above order was adopted on~he
    ‘~‘~day of
    ,
    1994, by a vote of
    /~
    /
    I,
    -.
    ~—~Dorothy M. Gui~,Clerk
    Illinois Poi(li4tion Control Board
    r~V~
    BEFORE THE
    ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    DEC
    —
    6~993
    POLLUTiON
    CCN1RO~
    BOARD
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    V.
    ) AC__________
    )
    (IEPA
    No.
    801—93—AC)
    ILLINOIS WASTE SYSTEMS,
    )
    )
    Respondent.
    )
    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 Respondent,
    Illinois Waste Systems,
    is the present operator of
    a
    facility
    located
    in
    the County of Iroquois, State of Illinois.
    2.
    That
    said facility
    is operated
    as
    a sanitary landfill, operating
    under
    Illinois Environmental Protection Agency Operating Permit
    No.
    l975—32—OP,
    and designated with Site Code
    No. 0758170003.
    Said facility
    is
    commonly known
    to
    the Agency
    as Milford/Illinois Waste Systems.
    3.
    That Respondent has owned or operated
    said facility at
    all
    times
    pertinent hereto.
    4.
    That on October
    8,
    1993,
    Deborah Paxton and
    David Ramirez, of the
    Illinois Environmental Protection Agency,
    inspected the above—described
    landfill
    facility.
    ~ 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 Deborah Paxton and David Ramirez,
    the Illinois Environmenta’
    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.
    111 1/2,
    para.
    1021(d)
    (1991),
    in a manner which
    resulted in the following conditions:
    A.
    That on October 8, 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)
    Failure to provide final
    cover within time limits established
    by Pollution Control Board regulations,
    in violation of
    Ill.
    Rev.
    Stat.
    ch.
    111 1/2,
    para.
    1021(o)(6)
    (1991)
    formerly
    1021(p) (6).
    (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.
    1021(o)(12)
    (1991)
    formerly
    1021(p) (12).
    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
    -2-
    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 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
    January
    10,
    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 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
    —3—
    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
    paymeflt
    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.
    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;
    —4—
    and,
    a copy of
    said Petition
    for Review filed with
    the Illinois Environmental
    Protection Agency
    at 2200 Churchill
    Road, P0.
    Box
    19276,
    Springfield,
    Illinois 62794—9276, Attention:
    Division of Legal Counsel.
    2~.
    Mary ~
    Director
    Illinois Environmental
    Protection Agency
    Prepared by:
    Todd Rettig
    Illinois Environmental
    Protection Agency
    2200 Churchill
    fload
    P.O.
    Box
    19276
    Springfield,
    IL
    62794—9276
    217/782—5544
    Date:
    /~~/~f3
    rlc/2l83v,l2—l6
    —5—
    RECEIVED
    REMITTANCE FORM
    DEC
    61993
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    STATEOFILLINOIS
    )
    POLLUTION
    CONTROL BOARD
    Complainant,
    )
    //I
    (-‘
    ~/(~
    /j~_~
    v.
    )
    EPA 801—93—AC
    )
    ILLINOIS WASTE SYSTEMS,
    )
    )
    Respondent.
    )
    FACILITY:
    Illinois Waste Systems
    SITE CODE NO.:
    0758170003
    COUNTY:
    Iroquois
    CIVIL PENALTY:
    $1,000.00
    DATE OF INSPECTION:
    October
    8,
    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
    Illinois Environmental Protection
    Agency,
    Attn.: Fiscal
    Services, 2200 Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Illinois 62794—9276.
    rlc/2l83v,l7

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