ILLINOIS POLLUTION CONTROL BOARD
September
9,
1993
COUNTY OF DUPAGE,
)
)
Complainant,
V.
)
AC 93—28
)
(County No. 93CD587)
E
& E HAULING,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a July 21,
1993
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 E
& E Hauling on July
16,
1993.
DuPage County alleges that on May
21,
1993,
E
& E
Hauling, present owner and/or operator of a facility located in
DuPage County,
and commonly known to the Agency as Mallard Lake
Landfill, violated Section 21(0) (5)
of the Act.
The statutory
penalty established for this violation
is
$500.00
pursuant to
Section 42(b)(4)
of the Act.
E
&
E Hauling 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 E
&
E Hauling 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 E
& E Hauling
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:
Dean Olson
DuPage County Solid Waste Department
421
N. County Farm Road
Wheaton, Illinois 60187
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
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.)
IT IS SO ORDERED.
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution
Control Board, hereby certj~fythat the above order was adopted on
the
9’~
day of__________________
,
1993, by a vote of
_________________
VI
/
Dorothy M. ~unn,
Clerk
Illinois ~ç~l1ution Control Board
RECEIVED
JUL 2
.11993
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE
CITATION
STATE OF
LUNOIS
POLLUTION CONTROL
BOARD
COUNTY OF DUPAGE,
)
PETITIONER
)
V.
)
AC_______
)
State’s Attorney
E
& E HAULING,
)
File Nos. 93CD587
93SA588
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,
E
&
E
Hauling,
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.
1982-17-OP,
and
designated
with Site
Code
No.
0438010004.
Said facility is commonly known to the Agency and
DuPage County as Mallard Lake Landfill.
3.
Respondent has owned or operated said facility at all times
pertinent hereto.
4.
‘Respondent was issued
an administrative warning notice
on
April 6,
1993 for uncovered refuse observed on March 29, 1993.
Respondent was served with an administrative citation on June.
24,
1993,
for uncovered refuse observed on April
29,
1993.
5.
Inspectors Dean Olson and Rodd Elges of the County of DuPage
conducted an inspection of said facility on May 21,
1993, at
which time they observed uncovered refuse from previous day
operations.
A verified copy of the inspection report setting
forth the results of such inspection
is attached hereto as
Exhibit ~‘A”and made a part hereof.
VIOLATIONS
On the basis of direct observations of Dean Olson and Rodd Elges,
the County of DuPage has determined that Respondent was conducting
a
sanitary
landfill
operation
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 May 21,
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).
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. 5/2l(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).
2
Deposition of refuse in any unpermitted portion of
the
landfill,
in
violation
of
Illinois
Compiled
Statutes,
1992,
Ch.
415,
par.
5/21(0) (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,
for
a
total
of
Five
Hundred
Dollars,
($500.00).
Additionally,
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 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
($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
September
3,
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
DuPage County Treasurer, and mailed to the attention of Dean Olson,
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.
3
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;
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.
Ray1~ndL.
Hansen
Assistant State’s Attorney
For:
James E. Ryan
DuPage County State’s Attorney
Date:
July
i’t
,
1993
4
JUL21
1993
REMITTANCE
FORM
~EoF~uNo~j
COUNTY OF DUPAGE,
~/2, ~
PETITIONER
)
l~—
&~-~
~‘
State’s
Attorney
V.
)
File Nos. 93CD587
)
93SA588
E
& E HAULING,
RESPONDENT.
FACILITY:
MALLARD
LAKE
LANDFILL
SITE
CODE
NO.:
0438010004
COUNTY:
DTJPAGE
CIVIL
PENALTY:
$500.00
DATE OF INSPECTION:
MAY
21,
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.