ILLINOIS POLLUTION CONTROL BOARD

June

20,

1991

COUNTY OF JACKSON,

Complainant,

v.

)

AC 91—24

(Case No. None)

(Administrative Citation)

EVERETT ALLEN d/b/a ALLEN

WASTE MANAGEMENT,

Respondent.

ORDER OF THE BOARD:

This matter

comes

before

the Board upon a May 6,

1991 filing

of an Administrative Citation pursuant

to Section 31.1 of the

Illinois Environmental Protection Act

(Act)

by the County of

Jackson.

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 Everett

Allen on May

7,

1991.

The County of Jackson alleges that on

April 11,

1991, Everett Allen, present owner and/or operator

of a

facility located

in Jackson County, and commonly known to the

Agency as Desoto/Allen No.

1,

violated Section 21(p)(6)

of the

Act.

The statutory penalty established for this violation is

$500.00 pursuant to Section 42(b)(4) of the Act.

Everett Allen 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.l(d)(2)

of the Act.

Therefore, pursuant

to

Section 31.l(d)(1),

the Board finds that Everett Allen 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 Everett

Allen shall, by certified check or

money

order payable

to the

Jackson County Treasurer, pay

a penalty in the amount of

$500.00 which

is to be sent

to:

Shirley Booker

Jackson County Treasurer

Jackson County Courthouse

Mflrphysboro,

Illinois

62966

---

—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

M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify

at the above Order was adopted on th~

~

day of

,

1991, by a vote of

7~

Ill

S

Control Board

---

S

~

~

BEFORE THE ILLINOIS

POLLUTION CONTROL

D

-~

ADMINISTRATIVE CITATION

1.

I~tA’~

—

b

1991

COUNTY

OF

,

)

POLL~rioNCONTROL

BOARD

)

Complainant,

AC-91-

EVERETT

ALLEN

d/b/a/

)

ALLEN WASTE

MANAGEMENT,

)

Respondent.

~VI~IQ~!

This

Administrative

Citation

is

issued

pursuant

to

the

by the provisions of Chapter

111

1/2,

Section

1031.1,

Revised Statutes,

1990,

to

Chapter

111

1/2,

Section

1004(r)

and

County, dated March 2,

1.

Respondent,

is the present operator of

a facility located

Jackson,

2.

Said

facility

is

operated

as

a

sanitary

1975—74—OP,

and designated with Site Code No.

077 0200001.

facility

is commonly known to the agency as DeSoto/Allen No.

3.

4.

On April

11,

1991,

George

Browning,

Field

Inspector

---

Jackson

County Health

Department,

inspected the above described

sanitary landfill.

A copy of the Inspection Report setting forth

the results of such inspection is attached hereto and made a part

hereof, marked Exhibit A.

VIOLATIONS

On the basis

of direct observation of George

Browning, the

County of Jackson has determined that Respondent was conducting a

sanitary landfill operation at the above described facility, which

is required to have a permit pursuant to Illinois Revised Statutes,

1990, Chapter 111 1/2, Section 1021(d),

in a manner which resulted

in the following conditions.

A.

Inspection of said sanitary landfill facility on April

1.,

1991,

disclosed the following:

1.

Said

Respondent

is

operating

said

sanitary

landfill while failing to provide final cover within time

limits established by Board Regulations.

In violation

of

Illinois

Revised

Statutes,

1990,

Chapter

111

1/2,

Section 1021(p) (6) of the Act and Section 807.305(c)

of

the Regulations.

of

five hundred dollars

($500.00)

above

in Paragraph

A(l),

for

a

total

of

five hundred

dollars

($500.00).

Pollution

Control

Board

under the review process described herein

below and if there

is

a finding of the violation alleged herein,

after an adjudicatory hearing, you shall be assessed the associated

hearing

costs

incurred by the Illinois Environmental Protection

Agency and the Illinois Pollution Control Board, in addition to the

five hundred dollar

($500.00) statutory penalty

for each finding

of violation.

If you acknowledge

the violations cited herein

above,

the

civil penalties specified above shall be due and payable no later

than June 7,

1991.

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 it 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 is made your check should be made payable to the

Jackson County Treasurer and mailed to the attention of Shirley

Booker,

Jackson

County

Treasurer,

Jackson

County

Courthouse,

Murphysboro, Illinois,

62966.

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 Jackson County State’s Attorney may initiate proceedings

in

Circuit Court to collect said civil penalty.

In addition to the

---

previously assessed civil penalty and hearing costs of the Illinois

Pollution Control Board, if any, the State’s Attorney will seek to

recover his costs of litigation.

---

PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE_CITATION

You have the right to contest this Administrative Citation.

~

Illinois Revised

Statutes,

1990,

Chapter lii

1/2,

Paragraph

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 Jackson

County State’s Attorney,

attention W.

Charles

Grace

at

the

Jackson

County

Courthouse,

Murphysboro,

Illinois,

62966.

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 State’s

Attorney at the Jackson County Courthouse,

Murphysboro,

Illinois,

62966.

4~a~

W. Charles Grace

Jackson County State’s Attorney

DATED

this

3rd

day

of

May,

1991.

---

REMITTANCE FORM

COUNTY OF JACKSON,

)

)

Complainant,

)

AC 91—24

V.

)

(County No. None)

)

EVERETT

ALLEN

d/b/a

ALLEN

)

WASTE

MANAGEMENT,

)

)

)

Respondent.

FACILITY:

Desoto/Allen #1

SITE CODE NO.:

0770200001

COUNTY:

Jackson

CIVIL

PENALTY:

$500.00

DATE OF INSPECTION:

April 11,

1991

DATE

REMITTED:___________________________

SS/FEIN NUMBER:___________________________

SIGNATURE:_________________________________

NOTE

Please enter the date of your remittance, your Social Security

number

(SS) if an individual, or Federal Employer Identification

Number

(FEIN) if a corporation, and sign this Remittance Form.

Be sure your check

is enclosed and mail, along with Remittance

Form

to:

Shirley

Booker,

Jackson

County

Treasurer,

Jackson

County Courthouse, Murphysboro, Illinois 62966.