ILLINOIS POLLUTION CONTROL BOR~RD
    September
    22, 1988
    IN THE MATTER OF:
    )
    RANDOLPH COUNTY LANDFILL
    )
    AC 88—68
    and SALVAGE,
    INC.,
    )
    (IEPA Docket No.
    9079-AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before
    the Board upon
    a July 11, 1988
    filing of
    an amended 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 amended Administrative Citation
    is attached hereto.
    The
    Agency alleges that Randolph County Landfill and Salvage has
    violated Sections 21(p)(5)
    and 21(p)(12)of
    the Act.
    The
    statutory penalty established
    for this violation
    is $500.00
    pursuant
    to Section
    42(b)(4)
    of the Act.
    Therefore, pursuant
    to Section 31.l(d)(l),
    the Board finds
    that Randolph County Landfill and Salvage has violated the
    provisions alleged
    in the amended 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 Randolph
    County Landfill and Salvage
    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 Ag&ncy
    Fiscal
    Services
    Division
    2200
    Churchill
    Road
    Springfield,
    Illinois
    62706
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certfy
    that the above Order was adopted on the
    c~Z’~
    day of
    ,
    1988,
    by
    a vote of
    7o
    Dorothy M. ~unn,
    Clerk
    Illinois Pollution Control Board
    92—52
    1
    iT
    ILLINOIS
    ENVIRONMENTAL PROTECTION AGE
    JUL
    1
    I
    ~988
    AMENDED ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    )
    /~
    2~7_~8
    RANDOLPH COUNTY LANDFILL AND
    )
    JEPA DOCKET NO. 9079-AC
    SALVAGE,
    INC.
    )
    a Deleware 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 Respondent
    is the present operator of
    a facility located
    in
    the County of Randolph, State of Illinois.
    2.
    That said facility is operated as
    a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No.
    1974—40-OP, and designated with Site Code No.
    1570600001.
    Said facility
    is comnionly known to the Agency as Sparta/Randolpt~County Landfill.
    3.
    That Respondent has operated said facility at all times
    pertinent
    hereto.
    4.
    That on May 13, 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.
    92—522
    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.
    Inspection of said sanitary landfill facility on May 13,
    1988
    disclosed the following:
    (i) Uncovered refuse remaining from
    a previous operating day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1021 (p)(5).
    (ii) Failure to collect and contain litter from the site by the
    end of
    a previous operating day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par. lO2l(p)(l2).
    CIVIL PENALTY
    Pursuant to Public Act 84—1320 (Ill.
    Rev.
    Stat.
    1986 Supp.,
    ch.
    111½,
    par. l042(b)(4)),
    Respondent herein
    is subject to
    &
    civil
    penalty
    of Five Hundred Dollars
    ($500.00) for each violation specified above
    in Paragraphs A(i) through A(ii), 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.
    92—52
    3
    2
    If you acknowledge the violations cited hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable no
    later than August
    8, 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
    92—524
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right
    to contest this Administrative Citation.
    See
    Public Act 84—1320
    (Ill.
    Rev.
    Stat. l986~Supp.,ch.
    111½,
    par. 1031.1).
    If you elect
    to contest this Administrative i.itation, 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
    Director
    Illinois Environmental Protection Agency
    Date:
    July 1,..1988
    4
    92—525
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    AFF1DAYIT
    IN THE MATTER OF:
    )
    RANDOLPH COUNTY
    )
    a municipal cor~oration
    IEPA DOCKET NO.
    9079-AC
    of the State of Illinois
    )
    Respondent.
    )
    Affiant, Randy Ballard,
    being first duly sworn, voluntarily deposes
    and
    states as follows:
    1.
    Affiant
    is a field inspector employed
    by the Land Pollution Control
    Division of the Illinois Environmental Protection Agency and has been so
    employed at
    all times pertinent hereto.
    2.
    On May 13,
    1988,
    between 11:15 a.m. and 12:30 p.m., Affiant conducted an
    inspection of the sanitary landfill
    in Randolph County,
    Illinois, known as
    Sparta/Randolph County Landfill, Illinois Environmental Protection Agency
    Site No. 1570600001, operating under IEPA Permit No. 1974-40-OP.
    3.
    Affiant inspected said Sparta/Randolph County Landfill site by an on-site
    inspection which included walking the site and interviewing personnel.
    4.
    Before and/or after said inspection of said landfill
    site, Affiant
    reviewed Illinois Environmental Protection Agency permits issued to the
    subject site and investigated into whether or not required documents were
    timely filed on behalf of the subject site.
    92—526
    5.
    As
    a result of the activities referred to
    in Paragraphs
    3 and
    4 above,
    Affiant completed the Inspection Report form attached
    hereto and made a
    part hereof, which,
    to the best of Affiant’s knowledge and belief,
    is
    an
    accurate representation of Affiant’s observations and factual conclusions
    with respect to the Sparta/Randolph County kandfill.
    .—,
    1~
    ________
    ~
    .~
    .“-~
    ‘~-,
    ¶~
    Subscribed and Sworn To before me
    this 16th day of May,
    1988.
    Notary Public
    I
    “OPPICIAL
    SEAL”
    g
    PAULA OTTENSMEIER
    NOT~yPUBUC
    —
    STATE
    OF
    ftL!Nofs
    ~~MY
    COMMISSION
    EXPIRES
    OCT
    31,199j
    92—527
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    AFF1DAY IT
    IN THE MATTER OF:
    )
    )
    RANDOLPH County,
    )
    a municipal
    corporation
    )
    IEPA DOCKET NO.
    9079-AC
    of the State of Illinois
    )
    )
    )
    Respondent.
    )
    Affiant, Wendy Schaufelberger, being first duly sworn, voluntarily deposes
    and states as follows:
    1.
    Affiant
    is
    a field inspector employed
    by the Land Pollution Control
    Division of the Illinois Environmental Protection Agency and has been so
    employed at all times pertinent hereto.
    2.
    On May 13,
    1988, between 11:15 a.m. and 12:30 p.m., Affiant conducted an
    inspection of the sanitary landfill
    in Randolph County,
    Illinois,
    known as
    Sparta/Randolph County Landfill, Illinois Environmental Protection Agency
    Site No. 1570600001, operating under
    IEPA Permit No.
    1974-40-OP.
    3.
    Affiant inspected said Sparta/Randolph County Landfill site by an on-site
    inspection which included walking the site and interviewing personnel.
    4.
    Before and/or after said inspection of said landfill
    site, Affiant
    reviewed Illinois Environmental Protection Agency permits
    issued
    to the
    subject
    site and •.investigated into whether or not required documents were
    timely filed on
    behalf of the subject site.
    92—528
    5.
    As a result of the activities referred to
    in Paragraphs
    3 and
    4 above,
    Affiant completed the Inspection Report form attached
    hereto and made a
    part hereof, which,
    to the best of Affiant’s knowledge and belief,
    is
    an
    accurate representation of Affiant’s observations and factual conclusions
    with respect to the Sparta/Randolph County ‘Landfill.
    Subscribed
    and Sworn To before me
    this 16th day of May,
    1988.
    Notary Public
    I-u-.-
    ‘OFFICIAL
    SEP.
    “
    3
    PAULA
    OTTENSMEIER
    NOTARY
    PUBLIC
    —
    STATE
    OF
    ILLINOIS
    I__~.Y_
    cOMMISSION
    EXPIRES
    OCT
    31
    1991
    92—529
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    REMITTANCE FORM
    IN THE MATTER OF:
    RANDOLPH COUNTY LANDFILL AND
    SALVAGE,
    INC.,
    )
    IEPA DOCKET NO. 9079-AC
    a Deleware corporation,
    Respondent.
    FACILITY:
    Randolph County Landfill
    SITE CODE NO:
    1570600001
    COUNTY:
    Randolph
    CIVIL PENALTY:
    $1,000.00
    DATE OF
    INSPECTION:
    May 13, 1988
    DATE REMITTED:
    —__________________________
    SIGNATURE:
    ________________________________
    NOTE
    Please enter the date of your remittance and sign this Remittance
    Form.
    Be sure your check
    is enclosed and mail, along with Remittance Form,
    to
    Illinois Environmental
    Protection Agency, Attention:
    ~iscalServices,
    2200 Churchill
    Road,
    P.O.
    Box 19276, Springfield,
    Illinois
    62794—9276.
    92—530
    STATE
    OF
    ILLINOIS
    COUNfl’
    OF
    SANGANON
    )
    )
    )
    PROOF OF SERVICE
    I,
    the undersigned, on oath state~thatI have served the attached
    AMENDED ADMINISTRATIVE CITATION AND MOTION
    upon the person to
    whom
    it
    is directed, by placing a copy
    in an envelope addressed to:
    Dorothy Gunn, Clerk
    Pollution Control
    Board
    100 W.
    Randolph, Suite 11-500
    Chicago, Illinois
    60601
    C.L.
    Henderson
    Registered Agent
    Randolph County Landfill
    and Salvage, Inc.
    102 Patricia Lane
    Sparta,
    IL
    62286
    and mailing it
    from Springfield,
    Illinois, on
    July ~
    19 88
    ,
    with sufficient postage affixed, certified mail,
    return receipt
    requested
    S~01~7~i4
    this
    ~
    day of
    .,
    19d’?r.
    Notary Public
    ::.
    OFFIcLA.1. SEAL.
    BARBARA K.
    MCGEE
    NOTARY PUBLIC,
    STATE
    OF
    IWNOIS
    0MM
    N EXPIRES
    4.13-91
    IL
    532-0712
    AOM
    145
    ~ev.
    6/82
    92—531
    SUBSCRIBED
    AND
    SWORN
    TO
    BEFORE
    ME
    01 S-003

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