ILLINOIS POLLUTION CONTROL BOARD
    June 16, 1988
    IN THE MATTER OF:
    WINNEBAGO RECLAMATION SERVICES,
    )
    AC 88—42
    INC.,
    )
    (IEPA Docket No. 8967—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 Winnebago Reclamation
    Services on May 9, 1988. The Agency alleges that Winnebago
    Reclamation Services has violated Section 2l(p)(5) of the Act.
    The statutory penalty established for this violation is $500.00
    pursuant to Section 42(b)(4) of the Act.
    Winnebago Reclamation Services 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)(l), the Board finds that Winnebago
    Reclamation Services has violated the provision alleged in the
    Administrative Citation. Since there is one (1) such violation,
    the total penalty to be imposed is set at $500.00.
    It is hereby ordered that, unless the penalty has already
    been paid, within 30 days of the date of this Order Winnebago
    Reclamation Services 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 $500.00 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706
    IT IS SO ORDERED.
    90—241
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify th t the above Order was adopted on the
    ~
    day of
    ,
    1988, by a vote of
    7~
    Illino:
    -S
    on Control Board
    90—247
    ILLINOIS ENVIRONMEI~TALPROTECTION ~CY
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    ) 4c &‘~ 44~
    Winriegabo Reclamation Services, Inc.,
    )
    IEPA DOCKET NO. 8967—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, Winnebago Reclamation Services, Inc., is
    the present operator of a facility located in the County of Winnebago,
    State of Illinois.
    2. That said facility is operated as a sanitary landfill,
    operating under Illinois Environmental Protection Agency Operating
    Permit No. 1972—24, and designated with Site Code No. 20180800001.
    Said facility is commonly known to the Agency as New Milford/Pagel Pit.
    3. That Respondent has operated said facility at all times
    pertinent hereto.
    4. That on April 6~1988, Thomas Henninger, 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—243
    VIOLATIONS
    On the basis of direct observation of Thomas Henninger, the Illinois
    Environmental Protection Agency has determined that Respondent ~i:as
    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 6, 1988, said landfill had uncovered refuse remaining
    from a previous operating day, in violation of Ill. Rev. Stat.
    1986 Supp., ch. 111½, par. 1O2l(p)(5).
    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 Paragraph A, for a total of five hundred ($500.00) 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.
    2
    90—244
    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
    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.
    3
    90—245
    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.
    -7
    t ~
    Bernard P. Killian,~ActingDirector
    Illinois Environmental Protection Agency
    Date: May 6, 1988
    rcg:A-05
    90—246

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