ILLINOIS POLLUTION CONTROL BOARD
    December 15,
    1988
    IN THE MATTER:
    )
    BI—STATE DISPOSAL,
    INC.
    )
    AC 88—33
    )
    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, OGREN, 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 May
    5,
    1988 filing
    of an Administrative Citation by the State’s Attorney of
    St.
    Clair County
    (hereinafter
    “St. Clair County”)
    and an June
    8,
    1988
    filing of
    a Petition for Review filed
    by the Respondent.
    Both
    filings are pursuant to Ill.
    Rev.
    Stat.
    1986
    Supp.
    ch.
    1111/2,
    par.
    1031.1 of
    the Illinois Environmental Protection Act (hereinafter
    “Act”).
    Hearing was held in this matter
    on September
    8,
    1988
    in
    Believille,
    St. Clair County.
    Three members
    of the public, who
    were 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 of 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 by operating the
    landfill
    in
    a manner which resulted
    in uncovered
    refuse from
    a
    previous operating day on March 28, April
    1, April
    3 and April
    6,
    1988, pursuant to
    Ill. Rev.
    Stat.
    1987, Supp.,
    ch.
    1111/2,
    par.
    94—145
    —2—
    1021(p)(5) and the requirement to collect and contain litter at
    the end of a previous operating day on April
    8,
    1988 and March
    28,
    1988 pursuant to par. lO2l(p)(12) was correct and hereby
    upholds the determination of violations.
    BACKGROUND
    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 March 28, April
    1, April
    3, April
    6,
    and April
    8,
    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 March
    28,
    1988, operated said landfill
    in
    a manner which resulted
    in uncovered
    refuse remaining from any previous
    operating day or at the conclusion of any
    operating day,
    in violation of
    Ill.
    Rev.
    Stat.
    1986, Supp.,
    ch.
    l1l~-h~par.
    lO2l(p)(5).
    B)
    On March 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.
    1986,
    ch.
    1l~-h~par. l021(p)(l2).
    C)
    On April
    1,
    1988, operated said landfill
    in a manner which resulted in uncovered
    refuse remaining from any previous
    operating day or at the conclusion of any
    operating day,
    in violation of
    Ill. Rev.
    Stat.
    1986, Supp.~, ch.
    11l1h~par.
    lO2l(p)(5).
    D)
    On April
    3,
    1988, operated said landfill
    in
    a manner which resulted
    in uncovered
    refuse remaining from any previous
    operating day or at the conclusion of any
    operating day,
    in violation of
    Ill.
    Rev.
    Stat.
    1986, Supp.,
    ch. iiM~ par.
    l021(p) (5).
    E)
    On April
    6,
    1988,
    operated said landfill
    in
    a manner which resulted
    in uncovered
    refuse remaining from any previous
    operating day or
    at
    the conclusion of any
    operating day,
    in violation of
    Ill. Rev.
    94—146
    —3—
    Stat.
    1986, Supp.,
    ch.
    1lll,~ par.
    1021(p) (5).
    F)
    On April
    8,
    1988,
    operated said landfill
    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, Supp.,
    ch. l1~
    par. lO2l(p)(l2).
    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.
    l031.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.
    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 $3,000, based on the six 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
    94—147
    —4—
    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.
    01WER
    1)
    Respondent
    is hereby found
    in violation,
    as alleged
    of Ill.
    Rev. Stat.
    1986, Supp.,
    Ch. ll1~,par.
    lO2l(p)(6) and lO2l(p)(l2).
    2)
    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 $1500.00
    payable
    to the Environmental Protection Trust
    Fund.
    Such payment shall
    be sent to:
    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 $1500.00
    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.
    94—148
    —5—
    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.
    1111/2, 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
    pnion
    and Order was
    adopted on the
    _____________
    day of ___________________________
    1988,
    by a vote of__________
    Dorothy
    M.(,~unn, Cl’~erk
    Illinois Pollution Control Board
    94—149

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