ILLINOIS POLLUTION CONTROL BOARD
April 23, 1992
LOGAN COUNTY
HEALTH
)
DEPARTMENT,
Complainant,
)
v.
)
AC 92—19
(LCHD No.
920l-AC-4)
LINCOLN/LOGAN L~.NDFILL,
)
(Administrative Citation)
INC.,
Respondent.
ORDER OF THE BOARD:
This
matter comes before the Board upon a March 13,
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 March 12,
1992.
The Logan County
Health Department alleges that on January 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
Landfill, violated Sections 21(o) (1),
21(0) (2),
21(0) (3),
21(o)(5),
2l(o)(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 Linclon/Logan
Landfill has violated each and every provision alleged in the
Administrative Citation.
Since there are seven
(7) such
violations,
the total penalty to be imposed is set at $3,500.00.
1.
It is hereby ordered that, unless the Denaltv has already
been IDaid, 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 $3,500.00, which is to be sent to:
1
Section 21 of the Act was amended by Public Act 87-752,
effective January
1,
1992.
As
a
result,
the
two
subsections
enforceable through the administrative citation process have been
changed from 21(p)
and 21(q) to 2)(o) and 21(p) respectively.
133—187
2
Director of Financial Services
Logan County Health Department
2120 W.
5th Street Road
Lincoln, Illinois
62656
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.
1.041, 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 N. Gunn,
Clerk of the Illinois Pollution Control
Boa~d4hereby certify ~iat the above order was adopted on the
~__day
of
,
1992, by a vote of
7-0
Control Board
133—188