ILLINOIS POLLUTION CONTROL BOARD

July 30, 1992

LOGAN COUNTY HEALTH

DEPARTMENT,

Complainant,

V.

)

AC 92—49

(LCHD No.

9203—AC--2)

LINCOLN/LOGAN LANDFILL,

)

(Administrative Citation)

INC.,

)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a June 15,

1992

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act

(Act)

by the Logan

County Health Department.

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 Lincoln/Logan Landfill on May 28,

1992.

The Logan County

Health Department alleges that on March 30,

1992, Lincoln/Logan

Landfill, present owner and/or operator of a facility located in

Logan County and commonly known to the Agency as Lincoln/Logan

Lanadfill,

violated Sections 21(o)(1), 21(o)(3), 21(o)(5),

21(0) (9),

21(o) (11) and 21(0) (12) of the Act.

The statutory

penalty established for each of these violations is $500.00

pursuant to Section 42(b)(4)

of the Act.

Lincoln/Logan Landfill 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 Lincoln/Logan

Landfill has violated each and every provision alleged in the

Administrative Citation.

Since there are six

(6) such

violations,

the total penalty to be imposed is set at $3,000.00.

1.

It

is hereby ordered that,

unless the penalty has already

been paid, within 30 days of the date of this order

Lincoln/Logan Landfill shall, .by certified check of money

order payable to the Logan County Health Department, pay a

penalty in the amount of $3,000.00, which is to be sent to:

Director of Financial Services

Logan County Health Department

2120 W.

5th Street Road

Lincoln,

Illinois

62656

fl t35-0225

---

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 upaid 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,

Ill.

Rev.

Stat.

1989,

ch.

111—1/2, par.

1041, provides for appeal of final

Order os the Board within 35 days.

The Rules of the Supreme

Court of Illinois establish filing requirements.

IT IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Boar~,hereby certify

hat the above order was adopted on the

dI~Z

day of

,

1992, by a vote of

/

/1

0’

~

M. ~

Dorothy N. 4irin,

Clerk

Illinois Pc~1lutionControl Board