ILLINOIS POLLUTION CONTROL BOARD

August

 18, 1988

IN THE MATTER OF:

CHRISTLkN COUNTY LANDFILL,

)

 AC 88—69

INC.,

)

 (IEPA Docket No.

 9080—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before

 the Board upon a June

30,

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 Christian County Landfill

on June

29,

 1988.

 The Agency alleges

 that Christian County

Landfill

 has violated Sections 2l(p)(5) and 21(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.

Christian County Landfill 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 31.1(d)(2)

 of the Act.

 Therefore,

pursuant

 to Section

 31.1(d)(1), the Board finds that Christian

 County Landfill 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 Christian

County Landfill 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—403

—2—

I,

 Dorothy M.

 Gunn, Clerk

 of the Illinois Pollution Control

Board, hereby certify

 that

 the above Order was adopted

 on the

/f’.?

 day ~

 1988,

by

 a vote

of

Dorothy M.

Gu

 n, Clerk

Illinois Pollution Control Board

91—404

ILLINOIS

 ENVIRONMENTAL PROTECTION AG

3 0 ~88

1 ~

ADMINISTRATIVE

CITATION

IN THE

MATTER

OF:

CHRISTIAN COUNTY LANDFILL,

 INC.

4~.

a foreign corporation licensed

 IEPA DOCKET NO.

 9080-AC

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

 the County of Christian,

 State of Illinois.

2.

 That said facility is operated as

 a sanitary landfill, operating

under Illinois Environmental Protection Agency Operating Permit

No.

1978-4-OP, and designated with Site Code No. 0218160006.

 Said facility

is commonly known

 to the Agency as Christian County Landfill.

3.

 That Respondent has operated said facility at

all

 times pertinent

hereto.

4.

 That on May 11,

 1988,

 Steven Townsend, 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—405

VIOLATIONS

On

 the basis of direct observation of Steven Townsend, 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 an on—site inspection of said landfill facility on May

11,

 1988 disclosed the following:

Ci)

 Uncovered refuse remaining from

 a previous

operating day,

 in violation of

 Ill.

 Rev.

 Stat.

1987,

ch.

 111½, par.

 lO2l(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.

 lO42(b)(4)), Respondent herein

 is subject

to

 a civil

 penalty

of Five Hundred Dollars

 ($500.00) for each violation specified above

in Paragraphs A(i)

 and 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

2

91—406

by the

 Illinois Environmental Protection Agenc) and the

 Illinois Pollution

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

8,

 1988.

 If you do not petition the

 Illinois Pollution Control

 Board

for review cf 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 Ervironmental Protection Agency, 2200

Churchill

 Road,

 P.O. Box 19276,

 Springfield,

 Illinois 62794—9276.

Also, please complete and

 return the enc1osec~Remittance Form, along

with your payment,

 to assure proper documentation of payment.

If any civil

 penalty, by reason of ac~nowledgment,default or

finding after adjudicatory hearing,

 not paid whEn due;~the

 Ilflnois

Environmertal 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.

91-4073

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 ccpy of the Petition for Review should be filed with the

Illinois Environmental

 Protection Agency.

 Such Petition for Review

riust

 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.

~Ri~d

 P.Killian, Acting Director

Illinois Environmental Protection Agency

Date:

 June

28,

1988

4

91—408