ILLINOIS POLLUTION CONTROL BOARD

April 21,

1994

SANGANON

COUNTY,

Complainant,

94—11

)

(County

No.

SCDPH-94-AC—2)

)

(Administrative

Citation)

ESG

WATTS,

INC.,

Respondent.

ORDER

THE

BOARD:

This

matter

comes

before

the

Board

upon

March

1994

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

 (Act) by Sangamon

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 ESG Watts,

Inc. on March

1,

 1994 and on March

 2, 1994.

 Sangamon County

alleges that on January 28,

 1994, ESG Watts,

 Inc.,

 present owner

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

commonly known to the County as Springfield Township/Sangamon

Valley Landfill, violated Sections 21(0) (5) and 21(o) (12) of the

Act.

ESG Watts, Inc. 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 ESG Watts,

 Inc., has

violated the provisions alleged in the Administrative Citation.

The statutory penalty established for each violation is $500.00

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

 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 Denaltv has already been

paid, within 30 days of the date of this order ESG Watts, Inc.

shall, by certified check or money order payable to the

Sangamon County Department of Public Health, pay a penalty in

the amount of $1,000.00, which is to be sent to:

James

 D. Stone, Director

Sangamon County Department of Public Health

200 South Ninth Street, Room 301

Springfield,

 Illinois 62701

2. Respondent shall include the remittance form attached hereto

and write the entire case name and number and its social

2

security or federal Employer Identification Number on t~ie

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

the violation continues.

IT IS SO ORDERED.

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.)

I, Dorothy

Gunn,

Clerk

the

 Illinois Pollution Control

Board, hereby certify t

 t th~above order was adopted on the

~J-~~1--

day

1994,

vote

0”

orothy N. 9~n, Clerk

Illinois PoJ3utxon Control Board

RECEIVED

BEFORE TIft ILLINOIS

 POLLUTION CONTROL

BOA

MAR

21994

ADMINISTRATIVE CITATION

STATE OF IWNOIS

‘OLLUTION

CONTROL BOMt)

SANGAMON COUNTY,

Complainant,

)

Administrative Citation

-vs-

)

 SCDPH-94-AC-2

)

ESG

WATTS,

 INC., an

Iowa

 Corporation,)

)

Respondent.

)

JURISDICTION

This

Administrative Citation is issued pursuant to

authority vested

in the Illinois

Environmental

Protection Agency by 415

ILCS 5/31.1

 (1993),

and delegated to Sangamon

County pursuant to 415

ILCS

5/4 (r) (1993).

FACTS

Thai the

 Respondent, ESG

Watts, Inc., an

Iowa

 Corporation

licensed

by the

Illinois Secretary of State to

business

in Illinois,

is the present owner and operator of a

facility located

in the County of Sangamon,

State of Illinois.

That said Facility is a sanitary

landfill, operating with an

illinois Environmental

Protection Agency Operating Permit, and designated with

Site

Code No.

1678220037.

Said

facility is commonly

known to

the Agency as Springfield Twp./Sanganion Valley

 Landfill.

That the Respondent, ESG Watts, Inc., has

owned and operated

 said

facility

at all

times pertinent

hereto.

That

on

January

18,

1994,

Allen Alexander, a Solid Waste Specialist with the

Sangamon County Department of Public

Health,

 inspected

the above-described

facility.

A copy

of the inspection report setting forth the results of such inspection

 attached hereto

and made

a

part

 hereof.

VIOLATIONS

On

the

 basis

of the direct observations of

Allen Alexander,

Sangamon County

has

determined

that the

Respondent has conducted a sanitary landfill

 operation

the above-

described

faciLity

in a manner which resulted

the following occurrences:

That

on

January 28,

1994,

an on-site

inspection of said facility disclosed the

following:

Uncovered refuse

remaining

from

any

previous operating day, or at

the conclusion

any

operating day;

and

Failure to collect

and

contain

litter from the

site

by the

end of each

operating day.

CIViL PENALTY

Pursuant to 415

 ILCS 5/42 (b)

(4) (1993), the Respondent herein is subject to a civil penalty

of five hundred dollars

($500.00)

for each violation specified above

in Paragraph

and

subpaparagraphs

hereunder, for a total of$1,000.00.

Additionally, should the Respondent elect

to petition the Illinois Pollution Control Board under the review process

 described

herein below,

and if there is a finding of the violations alleged herein, after an adjudicatory hearing,

the

Respondent shall be assessed the associated hearing costs

incurred by Sangamon

County

and the

Illinois Pollution Control Board,

in addition to

the five

hundred dollar

($500.00) statutory

penalty

for each finding of violation.

Ifyouacknowledgetheviolations cited hereinabove, thecivil penalty specifiedabove shall

be due and payable no later

than

thirty five

(35)

days from the date of service of this

Administrative

Citation.

If you do

not petition the Illinois Pollution Control Board for

review

of this Administrative

Citation within

the thirty

five

(35) days, or if you elect to

contest this

Administrative Citation,

any judgment rendered against you shall specify the due date of the

statuatory civil

penalty and any costs assessed against you.

When

payment is

made,

your check

should be

made payable

to the Sangamon County

Department ofPublic Health and mailed to the attention of James D.

Stone, Director, 200 South

Ninth Street, Room 301,

Springfield, Illinois,

62701.

Also, please complete and return the

enclosed Remittance Form

to assure proper documentation of your payment.

If any civil penalty imposed by the Illinois Pollution ContrOl Board is notpaid within the

time prescribed

in the Order,

interest on such penalty shall be assessed for

the period

from the

date payment

was due until the date payment was

received.

If any civil

penalty,

by reason of

acknowledgement, default,

or finding after adjudicatory hearing,

is not paid

when

due,

either

the Office of the Illinois Attorney

General

or the Offiôe of the Sangamon County State’s

Attorney 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 Sangamon

County and the Illinois Pollution Control Board, if any, either the Attorney General’s Office or

the State’s

Attorney’s Office

shall seek to

recover their costs of litigation.

PROCEDURE

FOR

CONTESTING TifiS

ADMINISTRATIVE

CiTATION

You have the right to

contest this Administrative

Citation.

If you elect to

contest this

Administrative

Citation,

you must file a Petition for

Review with

the Clerk of the Illinois

Pollution Control Board.

copy of the Petition

for Review should be filed with the Sangainon

County Department of Public Health.

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

the Pollution Control Board.

The

Petition for

Review must be

filed with the Clerk

of the Illinois Pollution Control Board at the State of Illinois Center, 100 West Randolph Street,

Suite

11-500,

 Chicago, Illinois,

60601,

and a copy of said Petition for Review

filed with

the

Sangamon CountyDepartment

of

Public Health,

200

 South Ninth Street, Room 301, Springfield,

Illinois,

62701.

The procedure for filing a Petition for Review can be found in 415 ILCS 5/31.1

(1993),

and Part

101 of Title

35 of the Illinois Administrative Code.

Date:

_______________________________

James D. Stone, Director

SANGAMON

COUNTY

DEPARTMENT

OF PUBLIC

HEALTH

BY:___

Robert

 Smith

Prepared

by:

 Robert

 Smith

Assistant

State’s Attorney

Sangainon County

 State’s Attorney’s Office

200

South Ninth

Street, Room 402

Springfield, IL 62701

(217)

753-6690

JDS/RLS/AA/BW/JF:vah

REMITI~ANCEIORM

SANGAMON COUNTY

)

Comp1nin~nt,

q1j~ii

:Admjnsjtrative Citation

-vs-

SCDPII-94-AC-2

)

ESG

WATTS,

INC.,

an Iowa Corporation,.)

)

Respondent.

FACIUTY:

SPFLD. TWP./SANGAMON

SiTE CODE:.

1678220037

VALLF~Y

LANDFILL

COUNTY:

SANGAMON

•(~JU6

PENALTY:

$1,000.00

DATE OF INSPECTION:

JANUARY 28

1994

DATE REMflTED:

__________________

S.S.#IF.E.LN.:

_______________________________

SIGNATURE:

___________________

NOTE

Please enter the date

of your remittance, your social security number

(S.SJ)

if an

individual,

 your

Federal

Employer

Identification

Number :(F.E.LN.) if a corporation,

and

sign this

Remittance Form.

sure that

your check

is enclosed and mall

with this form to

James D.

Stone, Director, Sangamon County Department ofPublic

Health, 200

 South

Ninth Street, Room

301,

Springfield, Illinois,

62701.

JDS:vh