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.

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