ILLINOIS POLLUTION CoNTRoL BOARD
    March 10, 1988
    IN THE MATTER OF:
    MACON COUNTY LANDFILL, CORP.
    )
    AC 87—109
    (IEPA Docket No. 8667—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a January 27, 1988
    filing of an amended 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 amended Administrative Citation is attached hereto. The
    Agency alleges that Macon County Landfill has violated Sections
    2l(p)(5) and 21(p) (12) of the
    Act.
    The statutory penalty
    established for these violations is $500.00 pur~uant to Section
    42(b)(4) of the Act.
    Therefore, pursuant to Section 31.l(d)(l), the Board finds
    that Macon County Landfill has violated the provisions alleged in
    the amended Administrative Citation. Since there are two (2)
    such violations, the total penalty to be imposed is set at
    Si ,000.00.
    It is hereby ordered that, unless the penalt~~__~jread~
    been paid, within 30 days of the date of this Order Macon 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 $1,000.00 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois 62706
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    /O—~Z
    day of
    7.ø~I’
    ,
    1988, by a vote of
    7-a
    ~.
    ,~—,
    Dorothy N. Gunn, Clerk
    Illinois Pollution Control Board
    87--Si

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    1iJ\\L
    lip
    4N
    ~n~i~1
    2
    1
    1988
    AMENDED
    L~t1~~j
    ADMINISTRATIVE CITATION
    IN THE
    MATTER OF:
    )
    )
    MACON COUNTY LANDFILL, CORP.
    )
    PCB Docket No. AC 87-109
    )
    IEPA Docket No. 8667-AC
    Respondent.
    )
    JURISDICTION
    This Amended 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, MACUN COUNTY LANDFILL, CORP., is the
    present operator of a facility located in the County of Macon,
    State of Illinois.
    2. That said facility is operated as a sanitary landfill,
    operating under Illinois Environmental Protection Agency Operating
    Permit No. 1976—4-OP, and designated with Site Code No. 1158040008.
    Said facility is commonly known to the Agency as Decatur/Macon Co. L.F. #2.
    3. That Respondent has operated said facility at all times
    pertinent hereto.
    4. That on October 6, 1987, Steven Townsend, 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,
    87—52

    VIOLATIONS
    On the basis of direct observation of Steven Townsend, 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. That on October 6, 1987, said landfill facility was operated in
    the following manner:
    1. With uncovered refuse remaining from a previous operating
    day, in violation of Ill. Rev. Stat. 1986 Supp., ch. 111½,
    par. lO2l(p)(5).
    2. While having failed to collect and con am litter from the
    site by the end of a previous operating day, in violation of
    Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1O21(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(1) through A(2), for a total of One Thousand ($1,000.00).
    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 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.
    87_532

    If you acknowledge the violations cited hereinabove, the civil
    penalty specified above shall be due and payable no later than Febru-
    ary 15, 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.
    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).
    87—54
    3

    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.
    /~-~f’~-~
    ~
    i2—
    Richard J. Carlson(,Oirector
    ~-~--- -
    Illinois Environmental Protection Agency
    Dated: January 21, 1988
    87—55

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    REMITTANCE FORM
    IN THE MATTER OF:
    )
    )
    MACON
    COUNTY LANDFILL, CORP.
    )
    PCB Docket No. Ac 87-109
    ) IEPA
    Docket No. 8667-AC
    Respondent.
    )
    FACILITY: Decatur/Macon Cty. L.F. #2
    SITE CODE NO: 1158040008
    COUNTY: Macon
    CIVIL PENALTY: $1,000.00
    DATE OF INSPECTION: October 6, 1987
    DATE REMITTED: ___________________________
    SIGNATURE: ________________________________
    NOTE
    Please enter the date of your remittance and sign this Remittance Form.
    Be sure your check is enclosed and mail, along with Remittance Form,
    to Illinois Environmental Protection Agency, Attention: Fiscal Services,
    2200 Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276.
    87—56

    STATE OF ILLINOIS
    )
    COUNTY OF SANGAMON
    )
    SS
    )
    PROOF OF SERVICE
    I, the undersigned, on oath state that I have served
    the attached
    MOTION
    upon the person to whom it is directed, by placing a
    copy in an envelope addressed to:
    Ms. Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    State of Illinois Center
    100
    West Randolph, Suite 11-500
    Chicago, IL 60601
    Mr. John Robinson
    Attorney for Respondent
    P. 0. Box 1765
    Decatur, IL 62525-1765
    Macor~
    County Landfill Corporation
    do Donald E. Williams, Registered Agent
    R. R. 8, Box 115
    Decatur, IL 62522
    and sending it by certified mail, return receipt requested
    from Springfield, Illinois on
    January
    21
    19 88
    with sufficient postage affixed.
    SUBSCRIBED AND SWORN TO BEFORE ME
    this 21st day of
    January
    •, 1988
    37—57

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