ILLINOIS POLLUTION CONTROL BOARD
May
23, 1991
LOGAN COUNTY HEALTH DEPARTMENT,
Complainant,
v.
)
AC 91—15
)
(Case No. LCHD 9102—AC-i)
(Administrative Citation)
LINCOLN/LOGAN LANDFILL,
INC.,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon a March 29,
1991
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 April
1,
1991.
The Logan County
Health Department alleges that on February
19,
1991,
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 2l(p)(5),
2i(p)(ll)
and 2l(p)(l2)
of
the Act.
The statutory penalty established for
each of these violations
is $500.00 pursuant
to Section 32(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.i(d)(2)
of the Act.
Therefore, pursuant
to Section 3l.l(d)(l),
the Board finds
that Lincoln/Logan
Landfill has violated each and every provision alleged
in
the
Administrative Citation.
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 penalty has already
been paid,
within
30 days
of
the date of this Order
Lincoln/Logan Landfill shall, by certified check or money
order payable
to the Logan County Health Department,
pay a
penalty
in the amount
of $1,500.00,
which
is
to be sent to:
Director of Financial Services
Logan County Health Department
2120 W.
5th Street Road
Lincoln,
Illinois
62656
122—293
—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,
Ill.
Rev.
Stat.
1989,
ch. lll~,par.
1041,
provides for appeal
of final
Orders of 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
Board,
hereby certify that the above Order was adopted on the
~-~‘
day of
~~~Y)&
,
1991,
by a vote of_____________
~
~.
Dorothy
M. G3~nn, Clerk
Illinois Pol~1utionControl Board
122—2 9 4