ILLINOIS POLLUTION CONTROL BOARD
June
16, 1988
IN THE MATTER OF:
STREATOR AREA LANDFILL,
INC.,
)
AC 88—37
)
(IEPA Docket No. 8963—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon
a May
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
Administrative Citation
is attached hereto.
The Agency alleges
that the Streator Area Landfill has violated Sections 2l(p)(5),
2l(p)(12),
21(p)(l)
and 2l(p)(ll)
of the Act.
The statutory
penalty established
for each of these violations
is $500.00
pursuant
to Section 42(b)(4)
of the Act.
Streator Area 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 3l.l(d)(l),
the Board
finds
that the Streator Area
Landfill has violated each and every provision alleged
in the
Administrative Citation.
Since there
are four
(4)
such
violations,
the total penalty
to be imposed
is set at
$2,000.00.
It
is hereby ordered
that, unless the penalty has already
been paid, within
30 days
of
the date
of this Order
the Streator
Area 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
$2,000.00 which
is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
90—207
—2—
I, Dorothy
M.
Gunn, Clerk
of
the Illinois Pollution Control
Board, hereby certif
that the above Order was adopted on the
/~Z~
day of
,
1988,
by a vote
of
7C
Control Board
90—208
ILLINOIS ENVIRONMENTAL PROTECTION
A~~1I’
J1\\
HAY—9~88
ADMINISTRATIVE CITATION
UU
______________
STATE
OF
ILUNOIS
_._IOLEUTION
CONTROL
BOARD
IN THE MATTER
OF:
)
Iegg-i7
Streator Area Landfill,
Inc.,
)
IEPA
DDCKET
NO.
8963—AC
a corporation
)
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 Livingston, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Operating
Permit
No.
1982-24-OP,
and
designated
with
Site
Code
No.
1058220007.
Said facility is commonly
known to the Agency as Streator Landfill No.
2.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent hereto.
4.
That
on
March
10,
1988,
Karen Nelson,
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.
90—209
VIOLATIONS
On the
basis of direct
observation of Karen Nelson,
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:
That inspection of said landfill facility on March
10,
1988 disclosed
the following:
A.
Uncovered refuse remaining from
a previous operating day, in violation
of Ill.
Rev. Stat.
1986 Supp.,
ch.
111½, par.
1021(p)(5).
B.
Failure to collect and contain litter from the site by the end
of a previous operating day, in violation of Ill.
Rev.
Stat.
1986
supp.,
ch.
111½, par.
lO2l(p)(12).
C.
Refuse
in standing or flowing water,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
102l(p)(l).
D.
Failure
to submit reports required by permits or PollutionControl
Board
Regulations,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
lO2l(p)(ll).
CIVIL PENALTY
Pursuant
to
Public
Act
84-1320
(Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,
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 through
D,
for
a
total
of
Two Thousand ($2,000.00)
Dollars.
Additionally,
should
you
elect
to
petition
the
Illinois
Pollution Control
Board
under
the review process described hereinbelow,
90-210
2
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.
If
you
acknowledge
the
violations
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
June
14, 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
3
90—211
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.
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
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.
Richard J.
Carison, Dir~E~or~
Illinois Environmental
Protection Agency
Date:
May 4,
1988
rcg:A-05
90—212