ILLINOIS POLLUTION CONTROL BOARD
November 18,
1993
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
AC
93—39
(IEPA Docket No.
576—93—AC)
(Administrative Citation)
ORDER OF THE BOARD
(by M. Nardulli):
-
This matter comes before the Board upon a August 24,
1993,
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by the Illinois
Environmental Protection Agency.
A copy of that Administrative
Citation is attached hereto, but will not be printed in the
Board’s Opinion Volumes.
The Agency alleges that on June 23,
1993,
Peoria Disposal Company, who the Agency believed to be the
present owner of a facility commonly known to the Agency as the
Clinton Landfill, located in DeWitt County, violated Sections
21(o) (2) and 21(o) (5)
of the Act.
The statutory penalty
established for these violations is $1000.00 pursuant to Section
42(b) (4)
of the Act.
On September 27,
1993, the Board received a
petition for review from Peoria Disposal.
On November 9,
1993, Clinton Landfill moved to withdraw the
petition for review in this matter~ The motion to withdraw
petition for review is hereby granted.
Pursuant to Section 31.1(d) (1) of the Act, the Board finds
that Clinton Landfill,
Inc. has violated each provision alleged
in the Administrative Citation.
Since there are two
(2)
such
violations,
the total penalty to be imposed is set at $1000.00.
1.
It is hereby ordered that,
unless the ~ena1tv
has
already
been paid, within
30 days of the date of this Order Clinton
Complainant,
V.
CLINTON LANDFILL,
INC.,
Respondent.
)
)
)
)
)
)
)
)
)
)
On November 9,
1993, the Board
amend Administrative Citation filed
and Clinton Landfill, Incorporated.
Landfill state that Clinton Landfill
facility that is the subject of this
Peoria Disposal and Clinton Landfill
replace Peoria Disposal as the named
The motion is hereby granted and the
change
received a joint motion to
by Peoria Disposal Company
Peoria Disposal and Clinton
is the present owner of the
administrative citation.
ask that Clinton Landfill
respondent in this matter.
above caption reflects that
Landfill, inc.
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 $1000.00 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.
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, Motion for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Boar
ereby certjf
that the above order was adopted on,the
_______day of
,
1993, by a vote of
.2,
—o
~
Dorothy N.
9~inn, Clerk
Illinois P~J1utionControl Board
ALJ~’241993
j
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
_j~
ADMINISTRATIVE CITATION
~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
v.
)
AC___________
)
(IEPA No.576—93—AC)
PEORIA DISPOSAL COMPANY,
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,
Peoria Disposal
Company,
Is the present operator of
a facility located
in the County of DeWitt, State of Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit
No.
1989-17-OP,
and designated with Site
Code No. 0398080007..
Said facility is
commonly known to the Agency as Clinton Landfill.
3.
That Respondent has owned or operated said facility at
all
times
pertinent hereto.
4.
That on
June 23,
1993,
Dustin Burger and Paul
Mason.,
of the Illinois
Environmental Protection Agency,
inspected the above—described
landfill
facility.
Acopy 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 Dustin Burger and Paul
Mason,
the
Illinois Environmental 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 June
23,
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:
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(1)
Conducting
a sanitary
landfill operation
In a manner which
results
in leachate flow entering Waters
of the State,
In
violation of
111.
Rev.
Stat.
ch.
111
1/2,
para.
102l(o)(2)
(1991) formerly
l021(p)(2)).
(2)
Uncovered refuse
remaining from a previous operating day,
in
violation of Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1021(o)(5)
(1991)
formerly
l021(p)(5)).
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 Respondent elect
to
petition
the Illinois Pollution Control Board under the review process
described hereinbelow, and
if there
Is
a findthg 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.
—2—
If you acknowledge the violations cited hereinabove, the
civil
penalty specified above shall
be due and payable no later
than
Septetnber 27,.1993
If you do not petition
the Illinois Pollution Control
Board for
review of this
Administrative Citation within thirty—five
(35) days of service ~iereof
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
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 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.
—3—
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have
the right
to contest th~Administrative Citation.
~
Ill.
Rev.
Stat.
ch.
ill
1/2,
para.
1031.1
(1991).
Ifyou 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 Protr:tlon 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;
and,
a copy of said Petition for Review filed with the Illinois
Environmental
Protection Agency at 2200 Churchill
Road,
P.O.
Box 19276, Springfield,
Illinois
62794—9276, Attention:
Division of Legal
Counsel.
4.
~4~-
Mary A.
Gade, Director
Illinois Environmental Protection Agency
Prepared by:
Richard C. Warrlngton, Jr.
Illinois Environmental
Protection Agency
2200 Churchill
Road
P.O.
Box
19276
Springfield,
IL
62794—9276
217/782—5544
Date:
______________
rcni IlSl4v/46—49
—4—
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
v.
)
EPA 576-93-AC
PEORIA DISPOSAL COMPANY,
)
Respondent.
FACILITY:
Clinton Landfill
SITE CODE NO.:
0398080007
COUNTY:
DeWitt
CIVIL
PENALTY:
$1,000.00
DATE OF INSPECTION:
June 23,
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 Ehvironmental Protection
Agency, Attn.:
Fiscal
Services, 2200 Churchill Road,
P.O.
Box
19276,
Springfield, Illinois 62794—9276.
rmi /1 514v/50