ILLINOIS POLLUTION CONTROL BOARD

March

10,

1988

IN THE MATTER OF:

)

MACON COUNTY LANDFILL

)

 AC 87—133

CORPORATION,

)

 IEPA NO. 8748—AC

Respondent.

ORDER OF THE BOARD

 (by J.D. Dumelle):

This matter comes before the Board upon Respondent’s March

4,

 1988 Motion To Withdraw Petition for

 Review.

 The Motion

asserts

 that all issues pending have been settled and Respondent

wishes to withdraw its Petition.

Respondent’s Motion

 is granted;

 the Petition for Review

is

dismissed.

IT IS SO ORDERED.

I,

 Dorothy M. Gunn,

 Clerk of

 the Illinois Pollution Control

Board, herebv,certify that th

 aboye Order was adopted on

the

_____________

 day of

___________,

 1988 by

 a vote

of

Dorothy

 M. Gunn, Clerk

Illinois Pollution Control Board

87—73

ILLINOIS POLLUTION CONTROL BOARD

March

10,

1988

IN THE MATTER OF:

MACON COUNTY LANDFILL,

 INC.

)

 AC 87—133

(IEPA Docket

No.

 8748—AC)

Respondent.

ORDER OF THE BOARD:

This matter

 comes before

 the Board upon

 a February

2,

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 Section

2l(p)(l)

 of the Act.

 The statutory penalty established

 for this

violation

 is $500.00 pursuant

 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 provision alleged

in

the amended 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 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 $500.00 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

M.

 Gunn,

 Clerk of

 the Illinois Pollution Control

Board,

 hereby certify that the above Order was adopted

 on the

/~t~day of

 ,‘2i~’4-e~4.’

 1988,

 by a vote of

7—0

~

Illinois Pollution Control Board

87—7

ILLINOIS ENVIRONMENTAL PROTECTION

AMENDED

ADMINISTRATIVE CITATION

IN THE MATTER

OF:

)

,Qc

/7—/3_f

MACON

COUNTY

LANDFILL,

INC.

)

IEPA

 DOCKET NO. 8748-AC

an

 Illinois Corporation,

)

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,

MACON

 COUNTY LANDFILL,

 INC.,

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.

 1976-04-OP.

and

 designated

 with

 Site

 Code

No.

 1158040008.

Said facility is commonly known

 to the Agency

 as Macon County Landfill

#2.

3.

 That

 Respondent

has

 operated

 said

 facility

at

all

 times

pertinent hereto.

4.

 That

on

 November

20,

 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—76

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.

 On November

20,

 1987, said landfill facility had refuse

 in standing

or flowing water,

 in violation of Ill,

 rev. Stat.

 1985,

ch.

 111½,

par.

 1O21(p)(l).

CIVIL PENALTY

Pursuant

to

 Public

Act

 84-1320

 (Ill.

 Rev.

 Stat.

 1986 Supp.,

ch.

111½,

 par.

 1O42(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.

 Addition-

ally,

 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.

If

you

 acknowledge

the

 violations

 cited

 hereinabove,

the

 civil

penalty

 specified

 above

 shall

be

due

and

 payable

no

 later

 than

 March

5,

 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

87—77 2

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.

~!!

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

3

87—78

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.

 Carl

 on), Director

Illinois Envirwjjnental

 Protection Agency

Dated:

 January

26,

1988

87—79

STATE OF ILLINOIS

COUNTY OF SANGAMON

)

PROOF OF SERVICE

I,

 the undersigned,

 on oath state

 that

 I have served

the attached

MOTI

upon

the

 person

to

 whom

it

is

 directed,

by

 placing

a

copy

 in an envelope addressed

to:

Ms.

Dorothy

Gunn,

Clerk

Illinois Pollution Control Board

State

Illinois

Center

100

West

Randolph,

Suite

11-500

Chicago,

60601

Macon

County

Landfill

Corporation

Donald

Williams,

Registered

A~ent

R.

R.

8,

 Box 115

Decatur,

62522

Mr.

John

Robinson

Attorney

for

Respondent

0.

Box

1765

Decatur,

62525-1765

and sending it by certified mail,

 return receipt requested

from

 Springfield,

 Illinois

on

 January

26

88,

with sufficient postage affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

January

‘1

BARBARA

K. McGEE

OFFICIAL SEAL

ARY PUBLIC. STATE OF

tLLINOtS

MYCOMM1SSION

EXPIRES 4-13-~1

this

 26th

 day of

 19_88

~_)_./)~

—y-~

k.-

_—.‘~-

Nota’ry Public

87—80