ILLINOIS POLLUTION CONTROL BOARD
    August
    4,
    1988
    IN THE MATTER OF:
    CITY OF SALEM and MODERN
    )
    AC 88—67
    BUSINESS DISPOSAL,
    INC.,
    )
    (IEPA Docket No. 9074—AC)
    Respondents.
    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 the City
    of Salem and
    Modern Business Disposal on June
    27, 1988.
    The Agency alleges
    that the City of Salem and Modern Business Disposal has violated
    Sections 21(p)(5)
    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.
    The City of Salem and Modern Business Disposal
    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 the City
    of Salem and Modern Business Disposal has violated
    each and every provision alleged
    in the Administrative
    Citation.
    Since
    there are two
    (2) such violations,
    the total
    penalty
    to be
    imposed
    is set at $1,000.00.
    It
    is hereby ordered that,
    unless the penalty has already
    been paid, within 30 days of the date of this Order
    the City of
    Salem and Modern Business Disposal 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
    $1,000.00 which
    is
    to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    IT
    IS SO ORDERED.
    91—255

    —2—
    I, Dorothy
    M.
    Gunn, Clerk
    of the
    Illinois Pollution Control
    Board.~,j~erebycertify
    that
    the above Order was adopted on the
    ~
    day
    of
    ,
    1988,
    by
    a vote
    of
    7~’
    Illino
    P0
    t
    Control Board
    91—256

    ~©~LJV~q~
    IN
    THE MATTER OF
    1 LL IN01 S ENVIRONMENTAL PROTECTION ~
    CITY OF SALEM
    )
    /‘7~
    ~2s’~
    /
    7
    a municipal
    of the
    )
    /IL-
    ~
    :)
    State of Illinois, and
    )
    IEPA DOCKET NO.
    9074-AC
    MODERN BUSINESS DISPOSAL,
    INC.
    )
    an
    Illinois corporation.
    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 Respondents are the present owners and operators of
    a facility located
    in the County of Marion, State of Illinois.
    2.
    That said facility is operated as
    a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No.
    l977-22-OP, and designated with Site Code No.
    1218130007.
    Said facility
    is comonly known to the Agency as Salem/Salem Community Landfill
    No.
    2.
    3.
    That Respondents have owned/operated said facility at
    all
    times pertinent hereto.
    4.
    That on May 11,
    1988,
    Randy Ballard, 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—257

    VIOLATIONS
    On the basis of direct observation of Randy Ballard,
    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 11,
    1988 said landfill
    facility operated with uncovered
    refuse
    remaining from a previous operating day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par. lO2l(p)(5).
    B.
    On May 11,
    1988 said landfill
    facility operated while having
    failed to submit reports required by 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 (Iii.
    Rev.
    Stat.
    1986 Supp., ch.
    111½, par.
    1042(b)(4)), Respondents herein are subject to a civil
    penalty
    of Five Hundred Dollars ($500.00) for each violation specified above
    in Paragraphs A and B,
    for a total of One Thousand ($1,000.00) 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
    Control Board,
    in addition to the
    Five Hundred Dollar ($500.00) statutory
    penalty for each finding of violation.
    2
    9
    1—258

    f you acknowledge the violations cited
    hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable
    no
    later than August
    3,
    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—259

    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.
    1021.1).
    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 mey 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.
    ~4Z&~~
    ~
    Bernie Killian, Acting Director
    /
    Illinois
    Environmental
    Protection Agency
    Date:
    June 24, 1988
    4
    91—260

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