ILLINOIS POLLUTION CONTROL BOARD
June 16, 1988
IN THE MATTER OF:
CENTRAL ILLINOIS DISPOSAL
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AC 88—40
COMPANY,
)
(IEPA Docket No. 8965—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a May 11, 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 Central Illinois Disposal
Company on May 9, 1988. The Agency alleges that Central Illinois
Disposal Company has violated Sections 21(p)(5) and 2l(p)(l2) of
the Act. The statutory penalty established for each of these
violations is $500.00 pursuant to Section 42(b)(4) of the Act.
Central Illinois Disposal Company 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 3l.l(d)(l), the Board finds that
Central Illinois Disposal Company 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 Central
Illinois Disposal Company 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.
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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
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Dorothy M.~nn, Clerk
Illinois P&llution Control Board
90— 230
ILLINOIS ENVIRONMENTAL PROTECTION A1~t
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~AYIH988
ADMINISTRATIVE CITATION
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POLWTION CONTROL 8OAR~
IN THE MATTER OF:
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Central Illinois Disposal Co.,
)
IEPA DOCKET NO. 8965-AC
an Illinois corporation,
)
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, Central Illinois Disposal Co., is the
present operator of a facility located in the County of Woodford,
State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1975—76, and designated with Site Code No. 2038080002.
Said facility is commonly known to the Agency as Woodford/Marshall
County Sanitary Landfill.
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on April 13, 1988, Timothy D. Case, 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—231
VIOLATIONS
On the basis of direct observation of Timothy 0. Case, 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. On April 13, 1988, said landfill had uncovered refuse remaining
from a previous operating day, in violation of Ill. Rev. Stat.
1986 Supp., ch. 111½, par. 1O21(p)(5).
B. On April 13, 1988, said landfill had failed to collect and
contain litter on the site by the end of a previous operating
day, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½, par.
lO2l(p)(12).
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 and B, 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
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.
90—232
2
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 clue, 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.
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90—233
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.
Bernard P. Killian, Acting Director
Illinois Environmental Protection Agency
Date: May 6, 1988
rcg :A—O5
90—2 34