Uncovered refuse remaining from any previous operating day, or at
1. Respondent. )
2. S.S.#IF.EI.N.: __________________________

ILLINOIS POLLUTION CONTROL BOARD

May 5,

1994

SANGAMON

COUNTY,

)

Complainant,

)

v.

)

94—13

)

 (County No. SCDPH-94-AC-4)

)

 (Administrative Citation)

ESG WATTS,

 INC.,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a March 14,

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 11,

 1994 and on March 14,

 1994.

 Sangamon County

alleges that on February 14, 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), 21(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 ~enaltv 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

2

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.

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.

 Adin.

 Code

101.246, Motions for Reconsideration.)

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

 day of

 1994, by a vote of

/~•

Dorothy M. q4~in, Clerk

Illinois Po~1utionControl Board

RECEIVED1

MAR

141994

BEFORE TILE

ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

 ~U~OA~

SANGAMON

COUNTY,

)

Complainant,

)

‘V’

)

Administrative

Citation

~vs~

)

SCDPH~94~AC~4

)

ESG WATTS,

INC.,

Iowa Corporation,)

)

Respondent.

)

JURISDICTION

This

Administrative Citation

issued pursuant to

authority vested

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

That the

Respondent,

ESG

Watts, Inc.,

Iowa

Corporation licensed

by the

illinois

Secretary of State to

do business

illinois,

the present owner

and operator of a

facility

located

the County of Sangamon,

State of Illinois.

That said Facility is a sanitary

landfill,

operating

with

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.

That the Respondent,

ESG

Watts,

Inc.,

has

owned and operated said facility at

all

times

pertinent

hereto.

That on Feburary

14,

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

Alien Alexander,

Sangamon County

has

determined that the Respondent has conducted a sanitary landfill operation

the above-

described facility

a manner which resulted

the following occurrences:

That on

February 14,

1994,

an on~siteinspection 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

flowing

water

CIVIL 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

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 Sangarnon County and the

Illinois Pollution Control Board,

 in addition to the five hundred dollar

($500.00)

statutory

penalty

for

each finding of violation.

youacknowledge the

violations cited hereinabove, the civil penalty specified above shall

be due and payable

later than

thirty

five

(35)

days from

the date of service of this

Administrative

Citation.

If you

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 attentionofJames 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 yourpayment.

If any civil penalty

imposed by

the Illinois Pollution Control Board is not paid within

the

time prescribed

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,

reason of

acknowledgement, default, or

finding after adjudicatory hearing,

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

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

THIS

ADMIMSTRATIVE

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

the Pollution Control

Board.

The

Petition

for Review

must

filed with

the Clerk

of the 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 ofPublic Health, 200 South Ninth Street, Room 301, 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

of the lllinois

Administrative

Code.

Date: _____________________

James D.

Stone,

Director

SANGAMON

COUNTY

DEPARTMENT

OF PUBLIC

HEALTH

BY:

7~L4~

Robert

Smith

Prepared

by:

Robert L.

Smith

Assistant

State’s

Attorney

Sangamon County State’s

Attorney’s Office

200 South

Ninth Street, Room 402

Springfield,

62701

(217)

753-6690

JDS/RLS/AA/BW/JF:vah

REMITFANCE

FORM

SANGAMON

COUNTY

)

Complainant,

)

Admincitrative

Citation

~vs~

)

SCDPH-94-AC4

)

ESG WATFS, 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

14,

1994

DATE

REMrITED:

___________________

S.S.#IF.EI.N.:

__________________________

SIGNATURE:

___________________

NOTE

Please

enter

the

date

of your

remittance,

your

social

security

number

(S.S.#) if an

individual,

your Federal

Employer

Identification

Number

(F.E.I.N.)

if a corporation,

and

sign

this

Remittance

Form.

sure that your check

is enclosed

and

mail

with

this

form

James

Stone, Director, Sangamon County Department of Public Health, 200 South

Ninth Street, Room

301,

Springfield, Illinois,

62701.

JDS

:vh