ILLINOIS POLLUTION CONTROL BOARD
    September
    22,
    1989
    IN THE MATTER OF:
    WASTE MANAGEMENT OF
    )
    AC 88—52
    ILLINOIS,
    INC.,
    )
    (IEPA Docket No. 8994—AC)
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Anderson):
    This matter comes before the Board upon a May 16,
    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 Waste Management
    of
    Illinois,
    Inc.
    (WMI)
    on May 16,
    1988.
    The Agency alleges
    that
    WMI has violated Section 21(p)(5)
    of the Act.
    The statutory
    penalty established for
    this violation is $500.00 pursuant to
    Section 42(b)(4) of the Act.
    On June 16,
    1988, WMI
    filed
    a Petition for Review with the
    Clerk
    of the Board within
    35 days of the date of service as
    allowed by Section 3l.1(d)(2)
    of the Act.
    On September
    19, WMI
    filed a motion to dismiss, and filed an amended motion on
    September
    21.
    The motion
    to dismiss
    is hereby granted.
    Pursuant to Section 3l.1(d)(l),
    the Board finds that WMI
    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 WMI
    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.
    92—509

    —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-c~
    DoroEhy M.IGunn, Clerk
    Illinois Pollution Control Board
    92—510

    E~
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    1 6 ~988
    SlAtE
    O~
    ILLINOIS
    ADMINISTRATIVE CITATION
    IN THE
    MATTER
    OF:
    )
    Ic
    ~ff~
    Waste Management of Illinois, Inc.,
    IEPA DOCKET
    NO.
    8994-AC
    a Delaware corporation licensed.to
    do business
    in
    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
    is
    the
    present operator of a facility located
    in the County of Kankakee,
    State of Illinois.
    2.
    That
    said
    facility
    is
    operated
    as
    a
    sanitary
    landfill,
    operating
    under
    Illinois
    Environmental
    Protection
    Agency
    Operating
    Permit
    No.
    1974-73-OP,
    and
    designated
    with
    Site
    Code
    No.
    0910550006.
    Said facility is commonly known to the Agency
    as Kankakee Landfill.
    3.
    That
    Respondent
    has
    operated
    said
    facility
    at
    all
    times
    pertinent hereto.
    4.
    That
    on
    April
    15, 1988,
    Darren Brumfield,
    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.
    92—511

    VIOLATIONS
    On
    the
    basis
    of direct observation of Darren
    Brumfield,
    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.
    That
    on
    April
    15,
    1988,
    said
    sanitary
    landfill
    facility operated
    with
    uncovered
    refuse
    remaining
    from
    a
    previous
    operating
    day,
    in
    violation
    of
    Ill.
    Rev.
    Stat.
    1986
    Supp.,
    ch.
    111½,
    par.
    lO2l(p)(5).
    CIVIL PENALTY
    Pursuant
    to
    Public
    Act
    84—1320
    (Iii.
    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
    Paragraph A.
    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 violation
    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
    92—5 12

    If
    you
    acknowledge
    the
    violations
    cited
    hereinabove,
    the
    civil
    penalty
    specified
    above
    shall
    be
    due
    and
    payable
    no
    later
    than
    June
    20,
    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
    existinq
    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 thepreviously 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
    92—513

    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.
    Bernard
    P.
    Killian, Acting Direct
    Illinois Environmental
    Protection Agency
    Date:
    May 11, 1988
    rcg :A-05
    92—5 14

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