ILLINOIS POLLUTION CONTROL BOARD

September

8,

1988

IN THE MATTER OF:

HAYDEN WRECKING CORPORATION,

)

AC 88-74

)

(IEPA Docket No.

9093—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon

a July 15,

1988

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 Hayden Wrecking Corporation

on July 7,

1988.

The Agency alleges that Hayden Wrecking

Corporation has violated Sections 21(p)(5),

21(p)(6),

2l(p)(7),

2l(p)(9),

21(p)(ll),

2l(p)(5), 2l(p)(6), 2l(p)(8), 21(p)(7),

2l(p)(9) 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.

Hayden Wrecking Corporation 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.l(d)(l),

the Board finds

that Hayden

Wrecking Corporation has violated each and every provision

alleged

in the Administrative Citation.

Since there are eleven

(11) such violations,

the total

penalty to be imposed

is set

at

$5,500.00.

It

is hereby ordered that,

unless the penalty has already

been ~aid, within

30 days of

the date

of this Order Hayden

Wrecking Corporation 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 $5,500.00 which

is

to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

IL 62706

IT

IS SO ORDERED.

92—201

---

—2—

I,

Dorothy M.

Gunn,

Clerk

of the Illinois Pollution Control

Board! hereby certify that the above Order was adopted on the

~

day

of

,

1988,

by a vote of

7~

Ill

S

llution Control Board

92—202

---

ILLINOIS ENVIRONMENTAL PROTE(:TION ~

ADMINISTRATIVE CITATION

ILLINOIS ENVIR0NMENT~L

PROTECTION hGENCV

~

4e ~

v.

)

IEPA DOCKET NO.

9093-AC

HAYDEN WRECKING CORP.

~ foreign corporation,

licensed to do business

in

Illinois.

)

Respondent.

)

4JURISDICTION

This Administrative Citatior,

is issued pursuant to authority vested

in the Illinois Envircr~mentalProtection Agency

by Public Act 84-1320

(Ill.

Rev.

Stat.

1987,

ch.

111½,

par.

1031.1).

FACTS

1.

That Respondent

is the preset:t operator of

a

facility located

in the County of St.

Clair, State of Illinois.

2.

That said facility

is operated as

a

sanitary landfill, ope:~ating

under

Illinois Environmental Protection Agency Operating Permit N~.

1972-7-OP,

and designated

with Site Code No.

1630450005.

Said facility

is commonly known

to the Agency as

East

St.

Louis/Hayden.

3.

That Respondent has owned or operated said facility at

all

times pertinent hereto.

4.

That on May 23,

1988 and May 26,

1988,

Randy Ballard, of

the Illinois Environmental

Protection Agency, inspected

the above—

described landfill facility.

A copy of the inspection reports setting

forth the results

of such inspections is attached hereto and made

a

part hereof.

92—203

---

VIOLATIONS

On the basis of direct observation of Randy Ballard, the Illinois

Environmental

Protection Agency has de~.erminedthat Respondent was

conducting

a sanitary landfill operation at

the

above-described facility,

which

is required to have a permt

pursuant

to

Ill.

Rev.

Stat.

1987,

ch.

111½,

par. 1021(d),

in

a

r;anner which resulted

in the following

condi ?ions:

A.

That on May 23, 1988 an er—site inspection of said sanitary

landfill facility and

a review of Illino~sEnvironmental Protection

Agency files and records of

said ‘acility, disclosed

the following:

(i)

Uncovered refuse remc~iningfrom a previous operating

day,

in violation of

Ill.

Rev.

Stat.

1987,

Ch.

111½,

par.

1O21(p)(5).

(ii) Failure

to provide final

cover within time limits established

by Pollution Control

Board regulations,

in violation

of

Ill.

Rev.

Stat.

1987,

ch.

111½,

par.

1O21(p)(6).

(iii)

Acceptance of wastes without necessary permits,

in

violation of Ill. R?:.

Stat.

1987,

ch.

111½, par.

1021 (p)(7).

(iv)

Deposition of refuse

in any unpermitted portion of

the landfill,

in violation of

Ill.

Rev.

Svat.

1987,

ch.

111½, par.

lO2l(p)(9).

(v)

Failure to

submit reports required by permits or

Pollution

Control Board Regulations, in violation

of

Ill.

Rev. Stat.,

1987,

ch.

111½, par.

lO2l(p)(ll).

2

92—204

---

B.

That on May 26,

1988 an on—site inspection

of

said sanitary

landfill facility ~rda

review of Illinois Environmental Protection

Agency files

and records or

said facility, disclosed the following:

(i)

Uncovered refuse remaining from

a previous operating

day,

in violation of

Ill.

Rev.

Stat.

l9E:7,

ch.

111½,

par.

1O21(p)(S).

(ii) Failure to provide final

cover within time limits established

by Pollution Control

Boz~rd regu1ation~, in violation

of Ill.

Rev.

Stat.

1987,

ch.

111½, par.

lO2l(p)(6).

(iii)

Causing

or allowing scavenging operations,

in

vio~a-

tion of

Ill.

Rev. Stat.

1987,

ch.

111½, par.

lO2l(p)(8).

(iv)

Acceptance

of wastes without necessary permits,

in

violation of

Ill.

Rev.

Stat.

1987,

ch.

111½, par.

1021 (p)(7).

(v)

Deposition of refuse

in any unperriitted portion of

the landfill,

in violation of Ill.

Rev.

Stat.

1987,

ch.

111½,

par. lO2l(p)(9).

(vi)

Failure

to submit reports required by permits or

Pollution Control

Board

Regulations,

in

violation

of Ill.

Rev. Stat.,

1987,

ch.

111½,

par.

lO2l(p)(ll).

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 ~f

Five Hundred Dollars ($500.00) for each violation specified above

in

Paraçraphs A(i) through A(v)

and

B(i) through B(vi),

for

a

total

of

3

92—205

---

Fifty

Five Hundred ($5,500.00) Dollars.

Additiorally, should

REspondent

elect

to petition the

Illinois Pollution Control

Eoard

under the review

process described hereinbelow,

and

if there

is

a

finding of

the violations

alleged

herein, after an adjudicatory heL:ring, Respondent shall

be

assessed

the associated hearing costs incurred

by the Illinois Environmental

Protection Agency and

the

Illinüis Pollution Control

Board,

in addition

to the Five Hundred Dcllar ($500.OC) statutory penalty for each finding

of violation.

If you ackr:cwledge the violations cited

hereinabove, the civil

penalty specified abo”e

shall

be due and payable no later than August

19,

1988.

If yot~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 statuto:’y civil

penalty and any costs assessed against you.

When payment

is

made, your check should

be made payable

to the

Illinois Environmental

r-rotection 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 hea’ing,

is not paid when due; the Illinois

Environmental

Protect.ion Agency sha1l

take into consideration such

failure

to pay during any perm~treview process upon your application

4

92—206

---

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.

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.

P

~ernardP.

Killian, Acting Director

Illinois Environmental Protection Agency

Date: July 12,

1988

92—207

5