ILLINOIS POLLUTION CONTROL
    BOARD
    January
    19,
    1989
    IN
    THE
    MATTER
    OF:
    MULTI-COUNTY LANDFILL,
    AC 88-113
    (IEPA Docket
    No. 9307—AC)
    Respondent.
    )
    ORDER
    OF THE BOARD:
    This matter comes before
    the Board
    upon
    a December
    9,
    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
    Adninistrative Citation
    is attached
    hereto.
    Service
    of
    the
    Administrative Citation was made upon Multi—County Landfill
    on
    December
    7,
    1988.
    The
    Agency alleges
    that Multi-County
    Landfill
    has
    violated
    Sections 21(p)(5),
    21(p)(12)
    and
    21(p)(2)
    of the
    Act.
    The statutory
    penalty established
    for
    each
    of these
    violations
    is $500.00 pursuant
    to
    Section 42(b)(4)
    of the Act.
    Multi-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 Multi—County
    Landfill
    has violated
    each
    and every provision alleged
    in
    the
    Administrative Citation.
    Since
    there
    are three
    (3)
    such
    violations,
    the
    total
    penalty
    to
    be
    imposed
    is
    set
    at
    $1,500.00.
    It
    is
    hereby ordered
    that,
    unless
    the
    penalty
    has already
    been
    paid, within
    30
    days
    of the date
    of
    this
    Order Multi-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
    $1,500.00 which
    is
    to
    be
    sent
    to:
    Illinois
    Environnental
    Protection
    Agency
    Fiscal
    Services
    Division
    2200 Churchill
    Road
    Springfield,
    IL
    62706
    IT
    IS
    SO ORDERED.
    95—3 75

    —2-
    1,
    Dorothy
    1.
    Gunn,
    Clerk
    Board,
    hereby cert
    y that
    the
    /(/~
    d ay
    of_______________________
    of
    the
    Illinois Pollution Control
    above
    Order
    was
    adopted
    on the
    1989,
    by
    a vote of
    7—°
    Ill ino•
    s
    Pa
    ution Control
    Board
    95—376

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    /9C
    ~~‘J’~//~
    V.
    )
    IEPA DOCKET
    NO.
    9307-AC
    MULTI-COUNTY
    LANDFILL,
    a corporation,
    )
    Respondent.
    )
    JURISDICTION
    This Administrative Citation is issued pursuant to authority vested
    in the Illinois Environmental Protection Agency by Public Act 84—1320
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par.
    1031.1).
    FACTS
    1.
    That Respondent
    is the present operator of
    a facility located
    in
    the County of Douglas,
    State of Illinois.
    2.
    That said facility is operated
    as
    a
    sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit
    No.
    1975-18-OP. and designated with Site Code No.
    0418030001.
    Said facility
    is comonly known
    to the Agency as Multi
    County Landfill.
    3.
    That Respondent has owned or operated said facility at all
    times
    pertinent hereto.
    4.
    That on October
    19,
    1988, William Zierath, 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.
    L~
    U
    OEC—9~988
    95—377

    VIOLATIONS
    On the basis of direct observation of William Zierath, 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.
    1987,
    ch.
    111½,
    par. 1021(d),
    in
    a manner which resulted
    in the following
    conditions:
    A.
    That on October 19,
    1988 an on-site inspection of said sanitary
    landfill
    facility and
    a
    review of Illinois Environmental Protection
    Agency files and records
    of said facility, disclosed
    the following:
    (i)
    Uncovered refuse remaining from
    a previous operating
    day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1O2l(p)(5).
    (ii)
    Failure
    to collect and contain litter from the site
    by the end of each operating day,
    in
    violation of
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par.
    l021(p)(12).
    (iii)
    Conducting
    a
    sanitary landfill operation in
    a manner
    which results
    in leachate flow entering Waters of
    the
    State,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    l021(p)(2).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320
    (Ill.
    Rev.
    Stat.
    1987,
    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
    Paragraphs A(i) through A(iii), for
    a total
    of Fifteen
    Hundred Dollars
    2
    95—378

    ($1,500.00).
    Additionally, should Respondent 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,
    Respondent 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.
    If you acknowledge the violations cited hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable
    no later than January
    17, 1989.
    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,
    3
    95—379

    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.
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right
    to contest this Administrative Citation.
    ~
    Public Act 84-1320 (111.
    Rev.
    Stat.
    1987,
    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.
    ~
    ~
    /~ /~.
    -~
    ~
    Ber~ardP.
    Killian, Director
    -‘j’
    ~I—/~
    Illinois Environmental
    Protection Agency
    Prepared by:
    William Seltzer
    Illinois Environmental
    Protection Agency
    2200 Churchill
    Road
    P.O.
    Box
    19276
    Springfield,
    IL
    62794—9276
    (217)782—5544
    Date:
    December 6,
    1988
    4

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