ILLINOIS POLLUTION CONTROL BOARD

December

15,

1988

IN THE MATTER OF:

)

BISTATE

DISPOSAL,

INCe

)

AC 88—24

)

Docket A

Respondent.

)

JAY HOFFMAN, ESQ., ASSISTANT STATE’S ATTORNEY FOR ST. CLAIR

COUNTY, APPEARED ON BEHALF OF THE COMPLAINANTS, COUNTY OF ST.

CLAIR

THOMAS IMMEL,

ESQ. OF IMMEL,

ZELLE,

OGRENI, MCCLAIN, GERMERAAD AND

COSTELLO, APPEARED ON BEHALF OF THE RESPONDENTS,

BI-STATE

DISPOSAL,

INC.

OPINION AND ORDER OF THE BOARD:

(by M.

Nardulli):

This matter comes before the Board upon a March 22,

1988

filing of

an Administrative Citation by the State’s Attorney of

St. Clair County (hereinafter

“St.

Clair County”)

and an April

6,

1988

filing of

a Petition for Review filed

by the Respondent.

Both filings are pursuant to Ill.

Rev. Stat.

1986

Supp.

ch.

1iih/~,

par.1031.1 of the Illinois Environmental Protection Act

(hereinafter

“Act”).

Hearing was held

in this matter on September

8, 1988

in

Belleville,

St. Clair County.

Three members of the public, who

wer~potential witnesses for St. Clair County,

were present

at

the meeting

(R.

at 9).

However, neither side called any

witnesses

at the meeting.

Instead,

St. Clair County requested

leave to amend

the Administrative Citation

(R.

at 4).

The

hearing officer granted leave

to amend

the citation pursuant

to

his authority under Section 35 Ill. Adm. Code Subtitle A Section

103.200

(R.

at 7—8).

As

a

result 0f

the agreed to amendments

to

the citation,

the Respondent consented

to entry of

an order on

the remaining counts against the Respondent

(R.

at 7).

No reply

briefs were filed by the parties.

Based on the agreement between

the parties,

the Board

accepts the amendments

to the Administrative Citation and the

Respondent’s consent to entry of

an order by the Board finding

for St. Clair County and against Bi—State Disposal,

Inc.

on the

remaining counts

in the complaint.

The Board

finds that St.

Clair County’s determination of violations

of the requirement to

supply daily cover on February 26,

1988, pursuant

to

Ill.

Rev.

Stat.

1987, Supp.,

ch.

1111/2, par.

102l(p)(6)

and the requirement

to collect and contain litter at the end of

a previous operating

day on February 26,

1988 and January 28,

1988

pursuant to par.

94—141

---

—2—

1021(p)(12) was correct and hereby upholds the determination of

violations.

SACKGROUND

The Respondent

is

a Missouri corporation operating

a

sanitary landfill in the County

of St. Clair

under Illinois

Environmental Protection Agency Operating Permit Number 1976—39—

Op.

On January 28,

1988 and February 26,

1988, Donald

R.

Brannon,

of the County of St.

Clair,

inspected the landfill

facility.

On the basis

of the inspections,

St. Clair County

determined that the Respondent was responsible

for the following

violations:

A.

On January 28,

1988, operated said

landfill facility in

a manner which

resulted

in failure to collect and contain

litter from the site by the end

of

a

previous operating day,

in violation

of

Ill. Rev. Stat.

1987,

ch.

l1l1/~, par.

lO2l(p) (12).

B.

On February

26,

1988, operated said

landfill facility in

a manner that failed

to provide final cover within time limits

established by Board Regulations,

in

violation of

Ill.

Rev. State.

1987, Supp.,

ch.

lli~h, par. lO2l(p)(6).

C.

On February 26,

1988,

operated said

landfill facility

in a manner which

resulted

in failure to collect and contain

litter from the site by the end

of a

previous operating day,

in violation of

Ill. Rev. Stat.

1987,

ch.

1111-h,

par.

1021(p) (12)

DETERMINATION OF VIOLATIONS

At hearing, Bi—State Disposal consented

to entry of

an order

by the Board finding that the aforementioned violations did occur

and that the Respondent was responsible

for the violations

(R.

at

7).

Further,

there

is

no claim by the Respondent that the

violations were the

result of uncontrollable circumstances that

would excuse the violations under

par.

lO3l.l(d)(2)

of the Act.

The Board accepts the Respondents consent and finds that the

violations did occur as alleged by St.

Clair County.

94—142

---

—3—

PENALTIES

Penalties

in Administrative Citation actions of the type are

prescribed by Section 42(b)(4) of the Act,

to wit:

In an administrative citation action under

Section 31.1 of this Act,

any person found

to have violated any provision of

subsection

(p)

of Section 21 and of this

Act shall pay

a civil penalty of $500

for

each violation of such provision, plus any

hearing costs incurred by the Board and

the Agency.

Such penalties shall be made

payable

to the Environmental Protection

Trust Fund to be used in accordance with

the provisions

of “An Act creating

the

Environmental Protection Trust Fund”,

approved September 22,

1979, as amended;

except that

if a unit

of local government

issued

the administrative citation,

50

of

the civil penalty shall be payable to the

unit of local government.

Respondent will therefore be ordered

to pay

a civil penalty

of $1,500, based on the three violations as herein

found.

For

purposed of review,

today’s action (Docket A) constitutes

the

Board’s final action on the matter of the civil penalty.

Respondent

is also required to pay hearing costs incurred by

the Board and St. Clair County.

The Clerk of the Board and St.

Clair County will therefore be ordered to each file a statement

of costs,

supported by affidavit, with the Board and with service

upon Respondent.

Upon receipt and subsequent to appropriate

review,

the Board will

issue a separate final order

in which

the

issue

of costs

is addressed. Additionally, Docket B will be

opened

to treat all matters pertinent

to the

issue of costs.

This Opinion constitutes the Board findings

of fact and

conclusion of

law

in this matter.

ORDER

1)

Respondent

is hereby found

in violation,

as alleged

of Ill.

Rev. Stat.

1986,

Supp.,

Ch.

ll1~-h~par.

lO2l(p)(5)

and lO2l(p)(l2).

2)

Witin

45 days of this Order of December

15,

1988,

Respondent shall, by certified check or money order,

pay

a civil penalty

in the amount

of $750.00 payable

to the Environmental Protection Trust Fund.

Such

payment shall

be sent to:

94—143

---

—4--

Illinois Environmental Protection Agency

Fiscal

Service

Division

2200 Churchill Road

Springfield,

IL

62706

3)

Within

45

days

of

this

Order

of

December

15,

1988,

Respondent shall,

by certified check

or money order,

pay a civil penalty

in the amount of $750.00 payable

to

St.

Clair

County

Landfill

Citation

Fund.

Such

payment

shall

be

sent

to:

Mr.

Paul

Haas

County

Collector

#10

Public

Square

Belleville,

IL

62220

4)

Docket A in this matter

is hereby closed.

5)

Within 30 days of this Order

of December 15,

1988,

the State’s Attorney of St. Clair County shall file

a statement of its hearings costs,

supported by

affidavit, with

the Board and with service upon

Respondent.

Within the same

30 days,

the Clerk

of

the Pollution Control Board shall file

a statement

of the Board’s costs,

supported by affidavit and

with service upon Respondent.

Such filings shall

be

entered

in Docket B

of this matter.

6)

Respondent is hereby given leave to file

a

reply/objection to the filings as ordered

in

4)

within 45 days

of this Order

of December

15,

1988.

Section 41 of the Environmental Protection Act, Ill. Rev.

Stat.

1985,

ch.

l1ll/~, par.

1041,

provides for appeal of Final

Orders

of the Board within 35 days of the issuance of Final

Orders.

The Rules of the Supreme Court of Illinois establish

filing

requirements.

IT SO ORDERED.

I, Dorothy M Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the above

O~4~iort

and Order was

adopted

on

the

,‘5~

day

of

_________________________

1988,

by

a

vote

of

7—c)

~

Dorothy M.,~unn,Clerk

Illinois ~6llution Control Board

94—144