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.
~
~
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-~
~
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