ILLINOIS POLLUTION CONTROL BOARD
August
4,
1988
IN THE MATTER OF:
WHITESIDE COUNTY,
)
AC 88—64
(IEPA Docket No. 9071—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 Whiteside County on June
27,
1988.
The Agency alleges
that Whiteside County has violated
Sections 2l(p)(5),
2l(p)(l2)
and 21(p)(6)
of the Act.
The
statutory penalty established
for each of these violations
is
$500.00 pursuant
to Section 42(b)(4)
of the Act.
Whiteside 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 3l.1(d)(l),
the Board
finds
that Whiteside County has
violated each and every provision alleged
in the Administrative
Citation.
Since there are three
(3)
such violations,
the total
penalty to be imposed
is set at $1,500.00.
It
is hereby ordered
that,
unless the penalty has already
been paid, within
30 days
of the date of
this Order
Whitesicle
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
$1,500.00 which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
91—235
—2—
I,
Dorothy
M.
Gunn,
Clerk of
the
Illinois Pollution Control
Boar
,
hereby certify ~hat
the above Order was adopted on
the
________day of
,
1988, by a vote of_
7—~2
Dorothy
M. ,~(inn, Clerk’
Illinois P&tlution Control Board
91—236
ILLINOIS ENVIRONMENTAL PROTECTION
A(
:j~
~
2 7
1988
ADMINISTRATIVE
CITATION
IN
THE
MATTER
OF:
)
~
WHITESIDE
COUNTY,
)
IEPA
DOCKET
NO.
9071-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, Whiteside County,
is the present operator
of
a facility located
in the.County of Whiteside, State of Illinois.
2.
That said facility is operated as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1983-4-OP. and designated with Site Code No.
1958140003.
Said facility
is commonly known
to the Agency as Whiteside County Landfill
#2.
3.
That Respondent has operated said facility at
all
times pertinent
hereto.
4.
That on May
3,
1988, Jack Hoizer,
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.
9 1—237
VIOLATIONS
On
the basis of direct observation of Jack Holzer,
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.
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).
B.
On May
3,
1988,
said landfill
had failed
to collect and contain
litter from the site by the end of a previous operating day,
in violation
of
Ill.
Rev.
Stat.
1967,
ch.
111½, par.
lO2l(p)(12).
C.
On May
3,
1988, said landfill
had failed to provide final
cover within time limits established by Board regulations,
in violation
of Ill.
Rev. Stat.
1987,
ch.
111½,
par.
lO2l(p)(6).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par. l042(b)(4)),
Respondent herein
is subject
to a civil
penalty
of Five Hundred Dollars ($500.00) for each violation specified above
in
Paragraphs A through
C, for
a total
of Fifteen Hundred ($1,500.00)
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 adjudicatory
hearing, you shall
be assessed the associated hearing costs
incurred
by the
Illinois Environmental Protection Agency and the
Illinois Pollution
2
91—238
Control
Board,
in addition to the Five Hundred Dollar ($500.00) statutory
penalty for each finding of violation.
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—239
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.
•32~
___
Bernie Killian, ActingDirec or
Illinois Environmental
Protection Agency
Date:
June 23,
1988
91—240