ILLINOIS POLLUTION CONTROL BOARD
September 23,
1993
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
v.
)
AC 93—34
(IEPA No. 529—93—AC)
GALLATIN NATIONAL COMPANY,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an August
12,
1993
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency (Agency).
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 the Gallatin National
Company on August
12,
1993.
The Agency alleges that on June 18,
1993,
the Gallatin National Company, present owner and/or
operator of a facility located in Fulton County,
and commonly
known to the Agency as Fairview/Gallatin National Company,
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.
The Gallatin National Company 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 the Gallatin
National Company 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 the
Gallatin National Company 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 $500.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL
62706
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. Adm.
Code
101.246, Notions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, .hereby certifyth~t.the above order was adopted on~the
~‘i’~
day of
~
1993,
by a vote of________
-L~é~1
/i~-
~
Dorothy N.
Gur~h,Clerk
Illinois PollUtion Control Board
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATiON
I ~t.
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S
Nv
I RONMF
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PRUTECTION AGE~C~
Complainant,
)
V.
A.L_______
)
IEPA No.
529—93—AC)
GALLATIN NATIONAL COMPANY
Respondent.
)
)
JURISDICTION
This Administrative Citation
is
issued pursuant to authority vested
in
the
Illinois Environmental
Protection Agency
by
Ill.
Rev.
Stat.
ch.
111
112,
para.
1031.1
(1991).
1.
That Respondent, Gallatin National
Company,
is
the present operator
of
a facility located
in the County of Fulton, State of Illinois.
2.
That said facility
is operated
as
a sanitary
landfill, operating
under
Illinois Environmental
Protection Agency Operating Permit
No.
1991—005—LF,
and designated with Site Code
No. 0578080002.
Said facility
is
commonly known
to the Agency
as Fairview/Gallatin National Company.
3.
That Respondent
has owned or operated said facility at
all
times
pertinent
hereto.
4.
That on June
18,
1993,
Larry Dutton,
of
the
Illinois Environmental
Protection Agency,
inspected the above—described landfill 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 direct observation of Larry Dutton, the Illinois
Environmental Pru~.ect~un
Ayency
has de~it~nninedthat Respondent ~ascGnducnng
a
sanitary landfill operation at the above-described
facility, which
i’;
required
to have
a permit
pursuant to
Ill.
Rev.
Stat.
ch.
111
1/2, par~~.
1021(d)
(1991),
in
a
manner
which
resulted
in
the
following
conditions.
A.
That on June 18,
1993
art
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:
(1)
Uncovered refuse remaining from
a previous operating day,
in
violation of
Ill.
Rev.
Stat.
ch.
111
1/2,
para.
1021(o)(5)
(1991)
formerly
1021(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 the violation specified above
in Paragraph
A.
Additionally,
should Respondent elect to petition the
Illinois Pollution Control Board under
the review process described hereinbelow,
and if there
is a finding 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.
If you acknowledge
the violations
cited hereinabove,
the civil
penalty
specified above
shall
be due and payable no
later than
S~p~ei~~
,iqq’~
If
you
do not petition the Illinois
Pollution Control
Board
for review of
chis
2
Administrative Citation within
thirty—five
(35) days of
service hereof
or
if
you elect
to contest
this Administratlv.e Citation,
any judgment rendered
~
:,‘~~
~ha~
tp.~~’
H’e
d”.~
~
&
~he
~f~t~’to’y
~~‘fl
~~ity
~
~v
costs assessed against you.
kihen payment
is
iia~,
your check should
be made payable
to the Illinois
Environmental Prote~tlonTrust Fund
and mailed
to the attention of Fiscal
Services, Illinois
Environmental
Protection Agency, 2200
Churchill Road, P.O.
Box
19276, Springfi~1d, 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 FQL~CONTESTINGTHIS
ADMINISTRATIVE CITATION
You have
the right
to contest this AdrrInistrative Citation.
~
Ill.
Rev.
Stat,
ch.
Iii
112,
para.
103L1
(1991).
If you elect
to conte~ttnis
Administrative Citation, you must file
a fetition for
Review with the Clerk of
the Illinois Pollution Control
Board.
A ropy of the Petition for Review
should
be filed with the Illinois Environrwntal Protection Agency.
Such
Petition for Review must be filed within
t’iirty—flve
(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 50601;
and,
a copy of
said Petition for
Review filed with the Illinois Environmental
Protection Agency
at 2200 Churchill
Road,
P.O.
Box
1927~.
Sprirtgf~lc!,
IllInois 62794—9276,
Attention:
Division of Legal
Counsel.
Mary~~’~ade,
Director
—
Illinois
Environmental Protection Agency
Prepared by:
Richard
C. Warrington,
Jr.
Illinois Environmental
Protection Agency
2200 Churchill Road
P.O. Box
19276
Springfield,
IL
62794—9276
217/782—5544
Date:
____________________________
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STME OF ILLtNO~S
ILLINOIS ENVIRONMENTAL NOTECTION AGENCY,
)
POLLUT~ONCONTRO~8O~RD
Complainant,
)
V.
)
EPA 529—93—AC
GALLATIN NATIONAL COMPANY,
)
)
Respondent.
)
FACILITY:
Gallatin National Company
SITE CODE
NO.’:
0578080002
COUNTY:
Fulton
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
June 18,
1993
DATE REMITTED:
__________________________
SS/FEIN NUMBER:
___________________________
SIGNATURE:
________________________________
~QIE
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 Environmental
Protection
Agency, Attn.:
Fiscal Services, 2200 Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois 62794—9276.
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