ILLINOIS POLLUTION CONTROL BOARD

May 5, 1994

SANGANON

COUNTY,

)

)

Complainant,

)

v.

)

AC

94—15

(County No. SCDPH-94-AC-5)

)

(Administrative Citation)

ESG WATTS, INC.,

)

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a March 21,

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 21,

1994.

Sangamon County alleges that on February

28,

1994,

ESG Watts,

Inc., present owner and/or operator of a

facility located in Sangamon County and commonly known to the

County as Springfield Township/Sangamon Valley Landfill, violated

Sections 21(o)(1), 2l(o)(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 three

(3)

such violations,

the total penalty to be imposed is set at

$1,500.00.

1.

It is hereby ordered that, unless the ~ena1ty 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 $1,500.00, 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

security or federal Employer Identification Number on the

certified check or money order.

---

2

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 N.

Gunn, Clerk of the Illinois Pollution Control

Boar~4~herebycertify that the above order was adopted on the

~

day of

,

1994,

by a vote of

/

/~

Dorothy H.

Gun~a,Clerk

Illinois Pollution Control Board

---

RECEIVED

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOA

U)

MAR

21 1994

ADMINISTRATIVE

CITATION

STATE OF ILLINOIS

POLLUTION CONTROL

BOARD

SANGAMON COUNTY,

)

)

Complainant,

)

AC

)

Administrative Citation

-vs-

)

SCDPH-94-AC-5

)

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

1.

That the Respondent, ESG Watts, Inc.,

an

Iowa

Corporation licensed by the

Illinois Secretary

of State

to

do

business in

illinois,

is the present owner and operator of a

facility located

in the County of Sangamon,

State

of Illinois.

2.

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./Sangamon Valley

Landfill.

3.

That the Respondent, ESG Watts,

Inc.,

has

owned and operated said facility at all

times

pertinent hereto.

4.

That on

Feburary 28,

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

is 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

at the above-

described

facility

in a manner which resulted

in

the following occurrences:

A.

That on

February

28,

1994,

an on-site

inspection of said

facility disclosed

the

following:

Uncovered

refuse remaining

from

any

previous operating

day,

or

the conclusion of any

operating day;

Failure to collect

and

contain litter

from the site by the end of each

operating day;

and

Refuse in standing

or flowing water

CWIL

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

A and

subpaparagraphs hereunder,

for a total of $1,500.00.

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.

Ifyou

acknowledge theviolations cited hereinabove, the civil penalty specified above 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 of Public Health and mailed

to

the attentionof

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.

Ifany civil penalty

imposed by the

Illinois Pollution Control Board is not paid 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 Office 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.

A

copy of the Petition

for Review

should

be

filed with

the Sangamon

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

by

the Pollution Control

Board.

The

Petition for Review

must be

filed with

the Clerk

ofthe 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

County

Department of Public Health, 200

South Ninth Street, Room301,

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:

~~/q~

4L.~f

James D.

Stone, Director

SANGAMON COUNTY

DEPARTMENT OF PUBLIC

HEALTH

BY:____________

Robert L.

Smith

•

Prepared

by:

Robert L.

Smith

Assistant

State’s

Attorney

Sangamon County

State’s

Attorney’s Office

200

South Ninth Street, Room 402

Springfield, IL 62701

(217) 753-6690

JDS/RLS/AA/BW/JF:vah

---

REMITTANCE FORM

SANGAMON COUNTY

)

Complainant,

)

AC

9’7~

/ ~

Adminsitrative Citation

-vs-

)

SCDPH-94-AC-5

)

ESG

WATTS,

INC.,

an Iowa Corporation,

)

)

Respondent.

FACILITY:

SPFLD.

TWP./SANGAMON

SITE

CODE:

1678220037

VALLEY

LANDFILL

COUNTY:

SANGAMON

CIVIL PENALTY:

$1,500.00

DATE OF

INSPECTION:

February 28,

1994

DATE

REMITTED:

S.S.#IF.E.I.N.:

SIGNATURE:

___________________

NOTE

Please

enter the date

ofyour remittance, your

social

security

number

(S.S.#) if an

individual,

or

your

Federal

Employer

Identification Number (F.E.I.N.)

if a

corporation,

and sign this

Remittance

Form.

Be sure that your check

is enclosed

and

mail with this form

to

James

D.

Stone, Director, Sangamon

County

Department

of

Public Health, 200

South Ninth

Street,

Room

301,

Springfield, Illinois,

62701.

JDS:vh