ILLINOIS POLLUTION CONTROL BOARD
February
23,
1989
IN THE MATTER OF:
UPPER ROCK ISLAND COUNTY
)
AC 89-5
LANDFILL,
INC.,
)
(IEPA Docket No. 9355—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a January
9,
1989
filing of an Administrative Citation pursuant
to Section 31.1
of
the Illinois Environmental Protection Act (Act)
by the Illinois
Environmental Protection Agency (Agency).
A copy of that
Administrative Citation
is attached hereto.
Service of
the
Administrative Citation was made upon Upper Rock
Island County
Landfill
on January
5,
1989.
The Agency alleges
that Upper Rock
Island County Landfill has violated Section 2l(p)(5)
of the
Act.
The statutory penalty established
for this violation
is
$500.00 pursuant to Section 42(b)(4) of the Act.
Upper Rock Island County 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.l(d)(l),
the Board
finds that
Upper
Rock Island County Landfill
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.
It
is hereby ordered
that, unless the penalty has already
been
paid, within
30 days of the date of this Order
Upper
Rock
Island County Landfill shall, by certified check or money order
payable
to the State of Illinois and designated
for deposit into
the Environmental Protection Trust
Fund, pay a penalty in
the
amount of $500.00 which
is to be
sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
96—349
—2—
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify
at the above Order
was
adopted
on
the
~
day of
,
1989,
by
a
vote
of
7-c
I
•lut
Control
Board
96—350
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
4C~
V.
)
IEPA DOCKET
NO. 9355-AC
UPPER ROCK
ISLAND COUNTY
LANDFILL,
INC.
)
a corporation,
)
)
Respondent.
JURISDICTION
This Administrative Citation is
issued pursuant to authority vested
in the Illinois Environmental Protection Agency by Public Act 84-1320
(Ill.
Rev.
Stat.
1987,
ch.
111½,
par.
1031.1).
FACTS
1.
That Respondent
is
the present operator of
a facility located
in the County of Rock Island, State of Illinois.
2.
That said facility
is operated as
a
sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1981-9-OP, and designated with Site Code No.
1618100014.
Said facility
is commonly known
to the Agency
as Upper Rock Island
Co.
Landfill.
3.
That Respondent has owned or operated said facility at
all
times pertinent hereto.
4.
That on November
23, 1988, James
J.
Jones, of the
Illinois
Environmental Protection Agency, inspected the above—described
landfill
facility.
.4 copy of the inspection report setting forth the results
of such inspection
is attached hereto and made
a part hereof.
96--351
VIOLATIONS
On the basis of direct observation of James J.
Jones,
the Illinois
Environmental
Protection Agency 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.
111½, par.
1021(d),
in
a manner which resulted
in the following
conditions:
A.
That on November
23,
1988 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.
111½,
par.
102l(p)(5).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill.
Rev.
Stat.
1987,
ch.
111½,
par. 1042(b)(4)),
Respondent herein is subject to
a civil
penalty of
Five Hundred
Dollars
($500.00) for the violation specified above
in
Paragraph A(i).
Additionally, should Respondent elect to petition
the
Illinois Pollution Control
Board under the review process described
hereinbelow,
and if there
is
a finding
of the violation alleged herein,
after an adjudicatory hearing, Respondent
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
a finding of violation.
2
96—352
If you acknowledge the violation cited hereinabove, the civil
penalty specified above shall
be due and payable no later than February
14,
1989.
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.
When payment
is made, your check should
be made payable
to the
Illinois Environmental Protection Trust fund and mailed
to the attention
of Fiscal
Services,
Illinois Environmental Protection Agency, 2200
Churchill
Road, P.O.
Box
19276, Springfield,
Illinois 62794-9276.
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 Offices 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 costs of the Illinois Environmental Protection
Agency and
the Illinois Pollution Control
Board,
if any;
the Attorney
General’s Office will seek to
recover their costs of litigation.
3
96—353
PROCEDURE FOR CONTESTING
THIS
ADMINISTRATIVE CITATION
You have the right
to contest this Administrative Citation.
~
Public Act 84-1320
(111.
Rev.
Stat.
1987,
ch.
111½, 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
Illinois Environmental Protection Agency.
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
Illinois
Environmental Protection Agency at 2200 Churchill
Road,
P.O. Box 19276,
Springfield,
Illinois
62794-9276, Attention:
Enforcement Services.
:~—~-;~.
~
-
~
‘
Bernard
P.
Killian, Director
Illinois Environmental Protection Agency
Prepared by:
William Seltzer
I.llinois Environmental
Protection Agency
2200 Churchill Road
P.O.
Box 19276
Springfield,
IL
62794—9276
(217)782-5544
Date:
January
4,
1989
96—3544
ILLINOIS ENVIRONMENTAL PROTECTION AGEN~TJ~
~
JAN
-
9
19S9
t:
V
AFFIDAVIT
~j\~j~
-—
—
r
:
IN
THE
MATTER
OF:
UPPER
ROCK
ISLAND
COUNTY
~
DOCKET
NO.
9355-AC
LANDFILL,
INC.,
a corporation,
RESPONDENT
Affiant,
James
3.
Jones,
being
first. duly sworn, voluntarily
deposes and states as follows:
1.
Affiant
is a
field inspector employed by the Land Pollution
Control Division of the Illinois Environmental Protection Agency and
has been
so employed
at all times pertinent hereto.
2.
On November
23,
1988,
between 6:00 a.m.
and 9:30 a.m., Affiant
conducted an inspection
of the sanitary landfill
in Rock
Island County,
Illinois,
known as Upper
Rock Island County Landfill,
Illinois
Environmental Protection Agency Site No.
161 810 0014, operating under
IEPA Permit ~l98l—9.
3.
Affiant inspected said Upper Rock Island County Landfill site
by an on-site inspection, which
included walking the site and
interviewing personnel.
4.
Before and/or after
said
inspection
of said landfill site,
Affiant
reviewed Illinois Environmental Protection Agency permits
issued
to the subject site and investigated into whether
or not
required documents were timely filed
on behalf of the subject site.
96—355
—2—
5.
As
a result of the activities referred to in Paragraphs
3 and
4
above,
Affiant
completed
the
Inspection
Report
form
attached
hereto
and
made
a part hereof, which,
to the best of Affiant’s knowledge and
belief,
is an accurate
representation of Affiant’s observations and
factual conclusions with respect
to Upper Rock
Island County Landfill.
-
.
Subscribed and Sworn
to before
me this
__________
day of
_________
Notary
Public
96—356
~l.1
~
.
—
9
~93
F)’
I
sr~:~
.~.
..~‘.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
L~~LJ~Y~
~-~_--
-~
REMITTANCE FORM
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
V.
)
IEPA DOCKET
NO. 9355-AC
UPPER
ROCK
ISLAND
COUNTY
LANDFILL,
INC.
a
corporation,
Respondent.
FACILITY:
Upper Rock Island County L.F.
SITE CODE NO:
1618100014
COUNTY:
Rock
Island
CIVIL
PENALTY:
$500.00
DATE
OF
INSPECTION:
November
23,
1988
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
Illinois Environmental Protection Agency, Attention:
Fiscal
Services,
2200 Churchill
Road,
P.O. Box
19276, Springfield,
Illinois
62794—9276.
96—35
7