ILLINOIS POLLUTION CONTROL BOARD
August
5,
1993
DUPAGE COUNTY,
Complainant,
v.
)
AC 93—24
(County No.
9CD445)
E
& E HAULING,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a June 29,
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 June
25,
1993.
DuPage County alleges that on March
29,
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(o)(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.
Adin. Code
101.246, Notions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution
Control~~rd,hereby certi
that the above order was adopted on
the
.~
day of
,
1993,
by a vote~of
________
//
~
~
Dorothy N. Gup~(, Clerk
Illinois Po~/tionControl Board
A~
29~~t
BEFORE THE ILLINOIS POLLUTION CONTROL BO
STATE
O~ILUNO
ADMINISTRATIVE CITATION
i~W~
CONTROLBOARDJ
DUPAGE COUNTY,
)
PETITIONER
)
V.
)
AC~~
)
State’s Attorney
E
& E HAULING
)
File Nos. 93CD445
93SA446
)
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.
That Respondent,
E
& E Hauling,
is the present operator of a
facility located in the County of DuPage, State of Illinois.
2.
That
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 know to the Agency
and DuPage County as Mallard Lake Landfill.
3.
That Respondent has owned
or operated said facility at all
times pertinent hereto.
4.
Inspector Dean Olson of DuPage County conducted an inspection
of said facility on March 29, 1993, at which time he observed
uncovered refuse for which an administrative warning notice
was sent to the Respondent on April
6, 1993,
(attached hereto
as Exhibit “A” and made a part hereof).
On April
15,
1993,
the
Respondent responded in writing to DuPage County (attached
hereto as Exhibit “B” and made a part hereof) with regard to
the
uncovered
refuse
identified
on
the
March
29,
1993
inspection stating
“it
is the standard practice at Mallard
Lake Landfill that refuse from each working day is covered
with a minimum of 6 inches of compacted soil”
•
On April 21,
1993 said inspector performed a compliance inspection at which
time he observed adequate cover over both the uncovered refuse
identified
in
his
March
29
inspection
and
the
previous
operating day, thus finding the corrective action required in
the
April
6,
1993
administrative
warning
notice
to
be
adequately addressed.
1
5.
That on April 29, 1993, inspectors Dean Olson and Rodd Elges,
of
DuPage
County,
inspected
the
above-described
landfill
facility.
A verified copy of the inspection report setting
forth the results of such inspection is attached hereto as
Exhibit “C” and made a part hereof.
VIOLATIONS
On the basis of direct observation 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 April 29, 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)
(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(0) (2)
formerly
(p)(2fl.
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(o)(3)
formerly
(p) (3)).
Open burning of
refuse,
in violation of
Illinois
Compiled Statutes,
1992,
Ch.
415,
par.
5/21(o)(4)
formerly
(p)(4fl.
X
Uncovered
refuse
remaining
from
a
previous
operating day,
in violation of Illinois Compiled
Statutes,
1992,
Ch. 415,
par. 5/21(o) (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)).
2
Acceptance of wastes without necessary permits, in
violation of Illinois Compiled Statutes, 1992,
Ch.
415, par. 5/21(o)(7)
(formerly
(p)(7)j.
Causing
or
allowing
scavenging
operations,
in
violation of Illinois Compiled Statutes,
1992,
Ch.
415, par.
5/21(o)(8)
(formerly (p)(8)).
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)(ll).
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.
5j42 (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 h~erein,
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
August
4,
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.
3
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.
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.
~
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:
Ray
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 c~enter,
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.
J1A~
Assistant State’s Attorney
For:
James
E. Ryan
DuPage County State’s Attorney
Date:
June
zq
,
1993
4
REMITTANCE FORM
DUPAGE
COUNTY,
)
PETITIONER,
State’s Attorney
V.
)
File Nos. 93QM45
93SA446
)
AC Docket No.
E
& E HAULING INC.,
)
RESPONDENT.
FACILITY:
MALLARD
LAKE
LANDFILL
SITE CODE NO.: 0438010004
COUNTY:
DUPAGE
CIVIL PENALTY: $500.00
DATE OF INSPECTION: APRIL 29,
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,
42.
N. County Farm Road,
Wheaton,
Illinois
60187.
Make the check payable to the DuPage
County Treasurer.