ILLINOIS POLLUTION CONTROL BOARD
June 16, 1988
IN THE MATTER OF:
LAIDLAW ~4ASTESYSTEMS, INC.,
)
AC 88—35
(Case No. 88—5 SC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a May 6, 1988 filing
of an Administrative Citation pursuant to Section 31.1 of the
Illinois Environmental Protection Act (Act) by the County of St.
Clair.
~.
copy of that Administrative Citation is attached
hereto. Service of the Administrative Citation was made upon
Laidlaw Waste Systems on May 2, 1988. The County of St. Clair
alleges that Laidlaw Waste Systems has violated Sections
21(p)(5), 21(p)(S) and 2l(p)(5) of the Act. The statutory
penalty established for each of these violations is $500.00
pursuant to Section 42(b)(4) of the Act.
Laidlaw Waste Systems 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 3l.l(d)(2) of the Act. Therefore, pursuant
to Section 31.l(d)(1), the Board finds that Laidlaw Waste Systems
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 Laidlaw Waste
Systems shall, by certified check or money order payable to the
Landfill Citation Fund, pay a penalty in the amount of $1,500.00,
which is to be sent to:
Paul Haas
County Collector
#10 Public Square
Belleville, Illinois 62220
IT IS SO ORDERED.
90—191
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert y that the above Order was adopted on the
~
day of
,
1988, by a vote of______________
Dorothy M. G9i5~, Clerk
Illinois Pol~(utionControl Board
90—192
~~6~988
STATE OF ILLINOIS
IU\~~_~iIATEOF ILUNOIS
POtLUfl~COWIROt BOARD
COUNTY OF ST. CLAIR
ADMINISTRATIVE CITATION
IN THE
MATTER
OF:
LAIDLAW WASTE SYSTEMS, INC.
A Foreign Corporation
)
-
Licensed To Do Business
88—5 SC
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. 111 1/2, par. 1031.), and
delegated to St. Clair County pursuant to Ill. Rev. Stat. 1987,
Supp., ch. 111 1/2, par. 1004 (r).
FACTS
1. That Respondent, a Missouri corporation, is the present
operator of a facility located in the County of St. Clair, State of
Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1977—19-OP and designated with Site Code No 1638140001.
Said facility is commonly known to the Agency as Belleville/Laidlaw.
3. That Respondent has operated said facility at all times
pertinent hereto.
90—193
4. That on March 28, 1988, March 31, 1988, and April 2, 1988
Donald R. Brannon, of the County of St. Clair, inspected the
above—described landfill facility. Copies of the Inspection Reports
setting forth the result of such inspection are attached hereto and
made a part hereof.
VIOLATIONS
On the basis of direct observation by Donald Brannon, the County
of St. Clair has determined that Respondent was conducting a landfill
operation at the above—described facility, which is required to have
a permit pursuant to Ill. Rev. Stat. 1986, ch. 111 1/2, par. 1021(d).
in a manner which resulted in the following conditions:
A. On March 28, 1988, operated said landfill facility
in a manner which resulted in uncovered refuse remaining
from any previous operating day or at the conclusion
of any operating day, in violation of Ill. Rev. Stat.
1986, Supp., ch. 111 1/2, par. 1021(P) (5).
B. On March 31, 1988, operated said landfill in a manner
which resulted in uncovered refuse remaining from any
previous operating day or at the conclusion of any
operating day, in violation of Ill. Rev. Stat. 1986,
Supp., ch. 111 1/2, par. 1021(P) (5).
C. On April 2, 1988, operated said landfill facility
in a manner which resulted in uncovered refuse remaining
from any previous operating day or at the conclusion of
operating day, in violation of Ill. Rev. Stat. 1986,
ch. ill 1/2, par. 1021(P) (5).
90—194
CIVIL PENALTY
Pursuant to Public Act 84—1320 (Ill. Rev. Stat. 1986, Supp.,
ch. lii 1/2, 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, B, and C for a total of One
Thousand Five Hundred Dollars ($1500.00). 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 Pollution Control Board, in addition to the One Thousand
Five Hundred Dollars ($1500.00) 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
June 7, 1988. If payment is not received by such date, this
citation will be forwarded to the Illinois Environmental Protection
Agency for judgement. If you do not petition the Illinois Pollution
Control Board for review of this Administration Citation within
thirty—five (35) days of service hereof or if you elect to contest
this Administative Citation, any judgement 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
LANDFILL CITATION FUND and mailed to Paul Haas, County Collector,
#10 Public Square, Belleville, Il 62220.
90—195
If any civil penalty, by reason of acknowledgement, 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 St.
Clair County State’s Attorney may initiate proceedings in Circuit
Court to collect said civil penalty. In addition to the previously
assessed civil penalty and hearing costs of the Illinois Pollution
Control Board, if any; the State’s Attorney will seek to recover
their costs of litigation.
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. 111 1/2,
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 St. Clair County State’s Attorney, Attention, John
Baricevic, at the St. Clair County Courthouse. Such Petition for
Review must be filed within thirty-five (35) days of the date of
service of this Administrative Citation, or a default judgement
shall be entered by the Pollution Control Board. The Petition for
Review may be filed with the Clerk of the Illinois Pollution Control
90—196
Board at the State of Illinois Center,
11—500, Chicago, Illinois 60601; and a
Review filed with the State’s Attorney
Courthouse.
100 West Randolph, Suite
copy of said Petition for
at the St. Clair County
April 29, 1988
~
A~A)
St. Clair County
Public Health
BY:
JOHN BARICEVIC
State’s Attorney
90—197
STATE OF ILLINOIS
COUNTY OF ST. CLAIR
AFFIDAVIT
IN THE MATTER OF:
LAIDLAW WASTE SYSTEMS, INC.
BELLEVILLE/LAIDLAW
)
88—5 SC
Respondent.
)
Affiant, Donald R. Brannon, being first duly sworn, voluntarily
deposes and states as follows:
1. Affiant is a field inspector employed by the St. Clair
County Health Department and certified by the Illinois Environmental
Protection Agency and has been so employed at all times pertinent
hereto.
2. On March 28, 1988, March 31, 1988, and April 2, 1988,
Affiant conducted the inspections of the sanitary landfill in St.
Clair County, Illinois, known as Belleville/Laidlaw, Illinois
Environmental Protection Agency Site No. 1638140001, operating under
IEPA Permit No. 1977—19-OP.
3. Affiant inspected said Belleville/Laidlaw Landfill site
by on—site inspections which included walking the site and
interviewing personnel as well as observations conducted after
operating hours.
4. After said inspection of said landfill site, Affiant
reviewed Illinois Environmental Protection Agency permits issued to
the subject site and other pertinent file documents.
90—1 98
5. As a result of the activities referred to in Paragraphs
3 and 4 above, Affiant completed the Inspection Report forms
attached hereto and made a part hereof, which, to the best of
Affiant’s knowledge and be1j~ef, are an accurate representation of
Affiant’s observations and factual conclusions with respect to
the Belleville/Laidlaw landfill.
Subscrib~dand Sworn To before me
this L’j~dayof
tjt~
1988.
7•~
Notary Public
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90—199
FINANCIAL INFORMATION FORM
An Administrative Citation was Issued by St. Clair
on Aprii 29
,
19
88
Name of Respondent:
Laidlaw Waste System
Name
of Facility:
BefleviHe/Laidlaw
Site
Code
No:
1638140001
Amount
of Civil Penalty Requested: $1500.00
Due Date for Payment of Civil Penalty: June 7, 1988
Conments:
County,
Instructions: This form shall be prepared by the County and copies mailed to
the Agency on the day the Citation Is mailed for service of process. Copies of
the Citation itself shall be attached to the first Financial Information Forn~
mailed to the Agency. When payment of the civil penalty Is received by the
County, copies of this form shall again be mailed to the Agency stating the
date and amount of penalty received. If for any reason, the civil penalty
received is less than the original amount requested, the reasons shall be set
forth in the “Conz~ments” section. if the matter was adjudicated and Respondent
found not to be liable, such result shall be explained in the “Coments”
section and copies of the final Board Order shall be attached.
Any payment due the Agency shall be mailed with the second mailing of
the Financial Information Form. The statute provides for the Agency and
Board to recover their “costs of hearing” if adjudication results. However,
there is no provision for the County to recover its costs of hearing.
Therefore, the civil penalty is to be.spltt 50-50, and any additional
costs of hearing assessed by the Board shall be transmitted to the State
for deposit.
The Financial Information Forms shall be mailed to:
Illinois Environmental Protection
Agency
Fiscal Services
2200 Churchill Road
P. 0. Box 19276
Springfield, IC. 62794—9276
(Mary Jo Helse, 217—782-3250)
Illinois Environmental Protection
Agency
Enforcement Docket Control
2200 Churchill Road
P. 0. Box 19276
Springfield, IL 62794—9276
(Linda Cooper, 217/785-8624)
ATTAcHMENT kGTM 90-200