ILLINOIS POLLUTION CONTROL BOARD
September
22,
1988
IN THE MATTER OF:
)
WASTE MANAGEMENT OF
)
AC 88-53
ILLINOIS,
INC.,
)
(IEPA Docket No. 8995—AC)
Respondent.
ORDER OF THE BOARD
(by J. 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 Sections 2l(p)(5)
and 2l(p)(12)
of
the Act.
The
statutory penalty established for each
of these violations
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 31.l(d)(2)
of the Act.
On September
2,
1988,
WMI
filed
a motion to withdraw its petition, which the Board
denied by Order
of September
8,
1988.
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 31.l(d)(1), the Board
finds
that WMI
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 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 $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.
92—515
—2—
I, Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board,
hereby certify that the above Order was adopted on
the ~4’~
day of
______________,
1988,
by a vote
of
7-~
*
Dorothy
M.
~‘tinn,Clerk
Illinois Pollution Control Board
92—516
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Ib198~
STATE O~
ILU~OtS
ADMINISTRATIVE
CITATION
~
CONTROL
BOARD
IN
THE
MATTER
OF:
)
4
~ç~3
Waste Management of Illinois,
Inc.,
)
IEPA DOCKET NO.
89~-AC
a Delaware corporatiOn licensed to
)
do business
in
Illinois,
)
)
Respondent.
)
J1J
RISD I
CT
I
ON
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 owner and/or operator
of
a facility located in the County of Will,
State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1981-65-OP,
and
designated
with
Site
Code
No.
1978200004.
Said facility is commonly known to the Agency as Wheatland/lith St.
L.F..
3.
That
Respondent
has
owned and/or operated
said
facility
at all times pertinent hereto.
4.
That
on
April
18,
1988,
Chuck Gruntman,
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—517
VIOLATIONS
On
the
basis
of direct observation of Chuck Gruntman,
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
18,
1988,
said
landfill
had
uncovered
refuse
remaining
from
a
previous
operating
day,
in
violation
of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021(p)(5).
8.
That
on
April
18,
1988,
said
landfill
had
failed
to
collect
and
contain
litter
on
the
site
by the end of
a
previous operating
day,
in
violation
of
Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
par.
lO2l(p)(12).
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
Paragraphs A and
B,
for
a
total
of
One Thousanø
($1,000.00) Dollars.
Additionally, should you elect to petition the Illinois Pollution Control
Board
under
the ~reviewprocess
describec
hereinbelow,
and
if
there
is
a
finding
of• the
violations
alleged
herein, M~teran
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—518
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
existing.permjt.
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
92—519
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have
the
right
to
contest this Administrative
Citation.
~
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
~
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. Kifl~
I
~9Directo
Illinois Environmental Protection!
ency
Date:
May 11,
1988
rcg:A-05
92—520