ILLINOIS POLLUTION CONTROL BOARD
    June
    20,
    1991
    LOGAN COUNTY HEALTH DEPARTMENT,
    )
    Complainant,
    V.
    )
    AC 91—22
    )
    (Case No. LCHD 9103-AC-i)
    (Administrative Citation)
    LINCOLN/LOGAN LANDFILL,
    INC.,
    )
    Respondent.
    )
    ORDER OF THE BOARD:
    This matter
    conies before the Board upon a May
    3,
    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 May
    2,
    1991.
    The Logan County Health
    Department alleges that on March
    8,
    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) and 2l(p)(ll) 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 3l.l(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 two
    (2)
    such
    violations,
    the total penalty to be imposed is set at $1,000.00.
    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 or money
    order payable to the Logan County Health Department, pay a
    penalty in the amount of $1,000.00, which is to be sent to:
    Director of Financial Services
    Logan County Health Department
    2120 W.
    5th Street Road
    Lincoln,
    Illinois
    62656
    —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.
    lllL. par.
    1041, provides for appeal of final
    Drders of 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
    Board, hereby cert’fy that the above Order was adopte~onthe
    ~
    day of
    ,
    1991,
    by
    a
    vote of
    ,~/O
    orothy M. /~t1,C1?rk
    Illinois
    Pô,Ilution Control Board
    LOGAN COUNTY HEALTH DEPARTMEN
    ADMINISTRATIVE CITATION
    LOGAN COUNTY HEALTH DEPARTMENT
    )
    A
    )~
    //~~-?-
    vs.
    )
    LCHD 9103—AC—i
    LINCOLN/LOGAN LANDFILL,
    INC.
    Respondent
    JURISDICTION
    This Administrative Citation
    is
    issued pursuant
    to authority
    vested
    in the
    Logan County Health Department by Ill.
    Rev. Stat.
    1987,
    Ch.
    111
    1/2, par.
    1031.1.
    FACTS
    1.
    That Respondent,
    is
    the present owner and/or operator of
    a
    facility
    located
    in the County of
    Logan, State
    of Illinois.
    2.
    That said facility
    is operated as
    a sanitary landfill,
    operating under Illinois Environmental Protection Agency Operating
    Permit No. 1972—74—DE/OP (Supplemental Permit No. 1989—204—SP), and
    designated with
    Site Code No.
    1078020002.
    3.
    That Respondent has owned or operated said facility at all
    times pertinent hereto.
    4.
    That on
    8 March,
    1991,
    Jay F.
    Gaydosh,
    Solid Waste
    Enforcement Officer of
    the Logan County Health 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
    On the basis of direct observation
    of Jay
    F.
    Gaydosh,
    the Logan
    County Health Department has determined
    that Respondent was conducting
    a sanitary
    landfill operation at the above described facility, which
    is required
    to have
    a permit pursuant to
    Ill.
    Rev. Stat.
    1987,
    Ch.
    111
    1/2, par.
    1021(d),
    in
    a manner which resulted
    in
    the following
    conditions:
    A.
    That on
    8 March,
    1991 an 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:
    (i)
    Uncovered refuse
    remaining from a previous operating
    day
    in violation of
    Ill. Rev. Stat.
    1987,
    ch.
    111
    1/2, par.
    1021 (p) (5).
    (ii)
    Failure
    to submit reports required
    by permits or
    Board
    regulations
    ch;
    111
    1/2,
    par. lO2l(p)(11).
    CIVIL PENALTY
    Pursuant
    to Ill.
    Rev.
    Stat.
    1987,
    ch.
    iii
    1/2, par. 1042(b)(4),
    Respondent herein
    is subject
    to
    a civil penalty of Five Hundred
    Dollars
    ($500.00) each for the violation(s) specified above
    in
    Paragraph A and subparagraphs thereunder.
    Additionally,
    should
    Respondent
    elect
    to petition the Illinois Pollution Control Board
    under
    the review process described hereinafter,
    and
    if there
    is
    a
    —2--
    finding
    of
    the violation(s) alleged herein,
    after an adjudicatory
    hearing,
    Respondent shall
    be assessed
    the associated hearing costs
    incurred by the Logan County Health Department and the
    Illinois
    Pollution Control Board,
    in addition
    to the Five Hundred Dollar
    ($500.00) statutory penalty.
    If you acknowledge the violation cited above,
    the civil penalty
    specified above shall
    be due and payable
    no later than thirty—five
    (35) days from the date of service
    of the Administrative Citation.
    If
    you do not petition the
    Illinois Pollution Control Board for review of
    this Administrative Citation within
    thirty—five
    (35) days
    of service
    hereof
    or
    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.
    ~ihenpayment
    is made,
    your check should be made payable
    to the
    Logan County Health Department and mailed
    to the attention
    of Director
    of Financial Services,
    Logan County Health Department,
    2120 W.
    5th
    Street Rd.,
    Lincoln,
    IL 62656.
    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.
    Furthermore,
    if payment
    is not received when due,
    the Logan County State’s Attorney
    or 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,
    and hearing
    —3—
    costs
    of
    the Logan County Health Department
    and the Illinois Pollution
    Control Board,
    if
    any,
    the Logan County State’s Attorney or Attorney
    General’s Office will seek to recover their costs
    of litigation.
    PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE CITATION
    You have
    the right
    to contest this Administrative Citation.
    See
    Ill.
    Rev. Stat.
    1987,
    ch.
    111
    1/2, par.
    1031.1.
    If you elect
    to
    contest this Administrative Citation, you must file a Petition for
    Review with the Clerk of
    the Illinois Pollution Control Board.
    A copy
    of
    the Petition for Review should
    be filed with the
    Logan County
    Health 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
    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 60601;
    and,
    a copy
    of said Petition for Review filed with the Logan County Health
    Department at 2120 W.
    5th Street
    Road,
    Lincoln, Illinois 62656.,
    AttentiQn:
    Enforcement
    Services.
    DATED:
    ‘~f~I
    -~~/
    ___________________________
    Kathleen
    J.
    Ste
    nberg
    Interim
    Administator
    Logan
    County
    Health
    Dept.
    Prepared
    by:
    Logan
    County
    State’s
    Attorney
    John W.
    Turner
    Room
    31
    Logan County Courthouse
    Lincoln,
    IL 62656
    217/732/2184
    —4—
    LOGAN COUNTY
    HEALTH
    DEPARTMENT
    REMITTANCE FORM
    LOGAN COUNTY HEALTH DEPARTMENT
    vs
    )
    LCHD 9103—AC—I
    LINCOLN/LOGAN LANDFILL,
    INC.
    Respondent
    FACILITY:
    Lincoln/Logan
    SITE CODE NO.:
    1078020002
    Landfill,
    Inc.
    COUNTY:
    Logan
    CIVIL PENALTY:
    $500.00
    each offense
    Number
    of
    offenses:
    2
    Total
    Remittance
    $1,000.00
    DATE OF INSPECTION:
    March
    8,
    1991
    DATE REMITTED:
    _____________________________
    SIGNATURE:
    _______________________________
    NOTE
    Please enter the date
    of your remittance and sign this Remittance
    Form.
    Be sure your check
    is enclosed and mail, along with Remittance
    Form,
    to Logan County Health Department,
    Director
    of
    Financial
    Services,
    2120 West 5th Street Rd.,
    Lincoln,
    IL
    62656

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