ILLINOIS POLLUTION CONTROL BOARD

August

4,

1988

IN THE MATTER OF:

)

FULTON COUNTY,

)

AC 88-63

(IEPA Docket No.

9070—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

the Board upon

a June

27, 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 Fulton County on June

24,

1988.

The Agency alleges that Fulton County 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.

Fulton County 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 31.1(d)(l),

the

Board finds

that Fulton County 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 Fulton County

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.

91—229

---

—2—

I, Dorothy

£4. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify

t at the above Order was adopted on the

~/tZ

day

of

,

1988, by

a vote of

7—~

Dorothy M.~9’unn,Clerk

Illinois P~dllutionControl Board

91—230

---

D~7cU

ILLINOIS ENVIRONMENTAL PROTECTION

A~~LJUN

2 1

ADMINISTRATIVE CITATION

I

POIL~I~

coA~o~iOARU

IN THE MATTER OF:

)

~4J(

~?f_~~

FULTON COUNTY,

)

IEPA DOCKET NO.

9070-AC

a county of the State of Illinois.

)

Respondent.

)

JURISDICTION

This Administrative Citation is issued pursuant to the authority

vested in the

Illinois Environmental Protection Agency by Public Act

84-1320 (Ill.

Rev.

Stat.

1986, Supp.,

ch.

111½, par.

1031.1).

FACTS

1.

That Respondent,

Fulton County,

is the present operator of

a facility located

in theCounty of Fulton, State of Illinois.

2.

That said facility is operated as

a sanitary landfill, operating

under illinois Environmental Protection Agency Operating Permit

No.

1981-19-OP,

and designated with Site Code No. 0578200003.

Said facility

is comonly known

to the Agency

as Cuba/Fulton

Co.

Landfill

#2.

3.

That Respondent has operated said facility at all

times pertinent

hereto.

4.

That on May

3,

1988, Timothy Case, of the Illinois Environmental

Protection Agency, inspected the above-described landfill facility.

A copy of the inspection report setting forth the results of such inspection

is attached hereto and made

a part hereof.

91—231

---

VIOLATIONS

On

the basis of direct observation

of Timothy Case,

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 111.

Rev.

Stat.

1985,

ch.

111½,

par. 1021(d),

in

a manner which

resulted

in

the following

conditions:

A.

On May 3,

1988,

said landfill

had uncovered refuse remaining

from

a

previous operating day,

in violation of Ill.

Rev.

Stat.

1987,

ch.

111½,

par. lO2l(p)(5).

CIVIL PENALTY

Pursuant to Public Act 84—1320

(Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par. 1042(b)(4)),

Respondent herein

is subject to

a civil

penalty

of Five Hundred Dollars

($500.00) for each violation specified above

in Paragraph A,

for a

total of five hundred

($500.00) dollars.

Additionally, should you elect to petition the Illinois Pollution Control

Board under the review process described hereinbelow, and

if there

is

a finding of the violations alleged herein, after an ad,judicatory

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.

2

91—232

---

If you acknowledge the violations cited hereinabove,

the civil

penalty specified above

shall

be due and payable

no

later than August

1,

1988.

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

91—233

---

PROCEDURE

FOR

CONTESTING

THIS

ADMINISTRATIVE

CITATION

You have the

right

to contest this Administrative Citation.

See

Public Act 84-1320

(Ill.

Rev.

Stat.

1986 Supp.,

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.

Li~i~~

~

Bernie

Killian, Acting Dir c~r

Illinois Environmental

Protection Agency

Date:

June 23, 1988

91—234