ILLINOIS POLLUTION CONTROL BOARD

September 23,

1993

COUNTY OF CHRISTIAN,

)

Complainant,

v.

)

 AC 93—35

(County No. LF—016-93)

WASTE MANAGEMENT,

 INC.,

 d/b/a

)

 (Administrative Citation)

FIVE OAKS RDF,

)

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 County of

Christian.

 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 Waste

Management on August

7,

 1993.

 The County of Christian alleges

that on July 14,

 1993, Waste Management, present owner and/or

operator of a facility located in Christian County and commonly

known to the Agency as Taylorville/Five Oaks RDF, violated

Section 21(o) (5) of the Act.

 The statutory penalty established

for each of this violation is $500.00 pursuant to Section

42(b)(4)

 of the Act.

Waste Management 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 Waste Management 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 Waste

Management shall,

 by certified check or money order

payable to the Christian County Treasurer., pay a penalty

in the amount of $500.00 which

 is to be sent to:

County of Christian

Christian County Treasurer

P.O. Box 199

Taylorville,

 Illinois

62568

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, Motions for Reconsideration.)

IT IS SO ORDERED.

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Board,

hereby ce~if~y,.~.that

 the above order was adopted on the________

day of

./)..(-L.Lp.-,-~_L~-—’

 1993,

 by a vote of

7”-

Dorothy

 I’l. G~thn, Clerk

Illinois Po~I3~utionControl Board

BEFORE THE ILLINOISPOLLUTION CONTROL BOAR

ADMINISTRATIVE CITATION

LL)~

ATE

COUNTY OF CHRISTIAN,

)

Complainant,

)

AC93-

)

(County No.

LF-0

6-93)

WASTE MANAGEMENT INC.,

)

dlb/a

FIVE OAKS RDF,

)

Respondent.

)

JURISDICTION

This Administrative

Citation is issued pursuant to authority vested in the Christian County

Solid Waste Management Department by lii. Comp. ~

1992, ch. 415,

par.

5/3 1.1.

FACTS

ThatRespondent, WasteManagement Inc., is thepresent operatorofafacilitylocated

the County of Christian, State of Illinois.

That

said

facility

operated

sanitary

landfill,

operating

under

Illinois

Environmental Protection Agency Operating Permit No.

1 978-4-OP, and designated with Site Code

No.

0218160006.

Said facility is commonly known to the Agency as Taylorville/Five Oaks RDF.

That Respondent has owned or operated said facility at all

times pertinent hereto.

That

July

14,

1993,

Joe

Stepping,

the

Christian

County

Solid

Waste

Management Department, 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

the

basis

of direct

observation

of Joe

Stepping,

the

Christian

County

Solid

Waste

Management

Department

has

determined

that

Respondent

was

conducting

sanitary

landfill

operation at the above-described

facility, which is required to have a permit pursuant to ilL Comp.

~j.

1992,

ch.

415, par.

5/21(d),

a manner which resulted in the following conditions:

That

July

14,

1993 an

on-site inspection of said sanitary landfill facility and a

review of Christian County Solid Waste Management Department files and records of said facility,

disclosed the

following:

Uncovered refuse remaining from a previous operating day, in violation of

JJL

Comp. ~

1992, ch. 415, par.

5/21(o)(5).

inadequate depth ofdaily cover, in violation ofSection 807.305(a) ofthe 35

Ill. Adrn.

Code, Subtitle G.

CIVIL PENALTY

Pursuant to

ilL

Comp. ~

1992,

ch. 415, par.

5/42(b)(4),

Respondent herein is subject to

a civil penalty ofFive Hundred Dollars

($500.00)

for the violation specified

above Paragraph A. 1.

above, 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 hereinbelow, and

if there is a finding ofthe violations alleged herein, after an adjudicatory hearing, Respondent shall

be assessed the associated hearingcosts incurred by the Illinois Pollution

Control Board, in addition

the Five Hundred Dollar ($500.00) statutory penalty for each finding of violation.

If you

acknowledge

the violations cited

hereinabove,

the civil

penalty specify above shall

be due and payable no later than September 10,

1993, 35 days from filing.

If you

do not petition the

Illinois

Pollution Control

Board for review of this

Administrative Citation

within thirty-five

(35)

days of service hereofor 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

made,

your check

should

made

payable

the

Christian

County

Treasurer and

mailed to

the County of Christian

c/o Christian

County Treasurer, P.O.

Box

199,

Taylorville, Illinois 62568.

Also, please complete and return the enclosed Remittance Form, along

with your payment, to assure proper documentation

ofpayment.

If any civil

penalty,

reason of acknowledgment, default

or finding

after adjudicatory

hearing,

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

pennit.

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

due

until

the

date

payment

received.

Furthermore, if payment is not received when due, the Office ofthe Illinois Attorney General orthe

Christian

County

State’s Attorney shall

requested

initiate proceedings

Circuit Court

collect said

civil penalty.

In addition to thepreviously assessed civil penalty,

interest, and hearing

costs of the Illinois Pollution Control Board, if any, the Attorney General’s Office or the Christian

County

State’s Attorney’s Office will seek to recover their costs of litigation.

PROCEDURE

FOR CONTESTING TIllS

ADMINISTRATIVE

CITATION

You have the right to

contest this Administrative Citation.

See

111. Comp. ~

1992,

ch.

415, par.

5/31 .1.

If you elect to contest this Administrative Citation, you

must fife a Petition for

Review with the Clerk ofthe Illinois Pollution

Control

Board.

copy of the Petition for Review

should be filedwith Illinois Environmental Protection Agency and the Christian County So

IdWaste

Management Department.

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

filed with

the

Clerk

of the

Illinois

Pollution Control Board atthe State of Illinois Center,

100 WestRandolph, Suite

11-500, Chicago,

Illinois

60601;

and,

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 ofLegal Counsel and a copy to the Christian County Solid Waste Management

Department at 305 South Webster Street, Taylorville,

Illinois 62568.

By:______

David H. Martin

Assistant

State’s Attorney

CCSWMfEnforcement

Date:

Prepared by:

David H.

Martin

Christian County Solid

Waste Management

305

S. Webster St.

Taylorville, IL

62568

(217)287-2334

CERTIFIED MAIL #

cc:

DLPC/Division File

DLPCJFOS

Springfield Region

CCSWM/Enforcement File

Five Oaks RDF

REMI1TANCE FORM

COUNTY OF CHRISTIANS

)

Complainant,

)

AC93-_________

)

(County No. LF-0l6-93)

WASTE MANAGEMENT INC.,

)

dlb/a FIVE OAKS RDF,

)

Respondent.

)

FACILITY:

TaylorvillefFive Oaks RDF

SITE CODE NO,:

0218160006

COUNTY:

Christian

CIVIL PENALTY:

$500.00

DATE OF INSPECTION:

July

14,

1993

DATE

REMIYFED:

__________________

SS/FEIN NUMBER:

_____________________

SIGNATURE:

__________________

NOTE

Please enter the date of yourremittance, your Social Security number (SS) if individual orFederal

Employer Identification Number (FEIN) if a corporation, and

sign this Remittance Form.

Be sure

your check

enclosed and

mail, along with

Remittance Fonn,

the County

of Christian

Christian

County Treasurer, P.O.

Box

199, Taylorville IL, 62568.

DM/jcs