ILLINOIS POLLUTION CONTROL BOARD
February
4, 1988
IN THE MATTER OF:
E
&
E HAULING,
INC.
)
AC 87—128
(87
C D 300)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a Decembr
23, 1987
filing of an Administrative Citation pursuant
to Section
31.1 c~
the Illinois Environmental Protection Act
(Act)
by the County of
DuPage.
A copy of that Administrative Citation
is attached
hereto.
Service of
the Administrative Citation was made upon
E
&
E Hauling on December
22,
1987.
DuPage County alleges
that
E
&
E
Hauling has violated Section 21(p)(5)
of the Act.
The statutory
penalty established for this violation
is $500.00 pursuant to
Section 42(b)(4)
of the Act.
E
&
E Hauling 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 31.l(d)(1),
the Board
finds that
E
&
E Hauling 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
E
& E Hauling
shall,
by certified check or money order payable
to the County of
DuPage, pay a penalty
in the amount of $500.00 which
is
to be
sent to:
Steven K. Dunn
Environmental Control Manager
DuPage County Department of Public Works
421 North County Farm Road
Wheaton, Illinois
60187
IT
IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify
t the above Order was adopted on the
~/tZ~
day
of
,
1988 by
a vote
of
~
~
Dorothy M. ~unn,
Clerk
Illinois Pollution Control Board
86—169
BEFORE THE
ILLINOIS POLLUTION
PEOPLE OF THE STATE OF ILLINOIS
PETITIONER,
RESPONDENT.
NOTICE OF FILING
To:
E
& E Hauling,
Inc.
26 W.
580 Shick Road
Hanover Park, Illinois 60103
Dorothy M. Gunn, Clerk
Illinois Pollution
Control Board
100 W. Randolph Street
Suite 11—500
Chicago, Illinois
60601
Illinois Environmental
Protection Agency
Fiscal Services
2200 Churchill Road
P.O.
Box 19276
Springfield,
Illinois
62794—9276
(Mary Jo Heise,
217/782—3250)
Illinois Environmental
Protection Agency
Manager
Field Operations Section
Division of Land Pollution
Control
1701
S. First Avenue
Maywood, Illinois 60153
Illinois Environmental
Protection Agency
Enforcement Docket
Control
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois
62794—9276
(Linda Cooper,
217/785—8624)
William Seltzer
Enforcement Division
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois
62794—9276
Illinois Environmental
Protection Agency
Regional Manager
Field Operations
Section
Division of Land
Pollution Control
1701 S. First Avenue
Maywood, Illinois
60153
PLEASE
TAKE
NOTICE that on December
21,
1987 the County
of
DuPage,
acting
pursuant
to
authority
granted
by
Ill.Rev.Stats.,
1986 Supp., ch.
111
1/2 par.
1031.1 and par.
kcI
~23~Br
II
~JUL
ju
V.
E
& E HAULING, INC.,
CONTROL BOAT
______________
)
87CD300
)
AC Docket ~
86-470
1004(r)
issued
an
administrative
citation
for
violations
of
the
provisions
of
Ill.Rev.Stat.
(1985)
ch.
ill
1/2,
par.
1021(p)
at
the
Mallard
Lake
Landfill,
operated
by
E
&
E
Hauling,
Inc.
A copy of the administrative citation was mailed to the
Respondent on December
21,
1987 and is herewith
filed with
the
Pollution
Control
Board.
COUNTY OF DUPAGE
BY:
_________
Assistant
State’s
Attorney
JAMES
E.
RYAN
State’s
Attorney
207
S.
Reber
Street
Wheaton,
Illinois
60187
(312)
682—7056
Attorney No. 50000
CERTIFICATE
OF
SERVICE
The undersigned,
being
first
duly
sworn
upon
oath
deposes
and
says
that
a copy of the aforementioned was served upon
the
above
parties
by
depositing
same
in
the United
States
Mail
at Wheaton,
IL,
at approximately
5:00
P.M.,
with
the
correct postage prepaid, on the 21st day of December,
1987.
p
SUBSCRIBED and SWORN to
before me this 21st day
of December, 1987.
86—17 1
© ~
~~OEC23
1987JJ
CYOF
STArEOFfWNo~
People of the State of Illinois
Petitioner,
v.
)
87 C B 300
E
& E Hauling,
Inc.,
)
AC Docket No.
_______
Respondent.
AFFIDAVIT
Affiant,
Steven
K.
Dunn,
being
first
duly
sworn,
voluntarily deposes and states as follows:
1.
Affiant
is
a
field
inspector
employed
by
the
County
of
DuPage
and
has
been
so
employed
at
all
times
pertinent hereto.
2.
On November
24,
1987,
between 1:07 p.m.
and 1:54
p.m.,
Affiant
conducted
an
inspection
of
the
sanitary
landfill
in
DuPage
County,
Illinois,
known
as the Mallard
Lake Landfill, Illinois Environmental Protection Agency Site
No.
0438010004,
operating under
IEPA Operating Permits Nos.
1982—17—OP; 1982—052—SP;
and 1987—095—EX.
3.
Affiant inspected
said Mallard Lake Landfill
site
by an on-site inspection which included walking the site and
interviewing personnel.
4.
Before and after said inspection of said landfill
site,
Affiant
reviewed
Illinois
Environmental
Protection
Agency permits
issued to
the subject
site and investigated
86—172
6
whether
or
not
required
documents
were
timely
filed
on
behalf of the subject
site.
5.
As
a
result
of
the
activities
referred
to
in
Paragraphs
3
and
4 above,
Affiant
completed the Inspection
Report Form attached
hereto and made
a part hereof,
which,
to
the
best
of
Affiant’s
knowledge
and
belief,
is
an
accurate
representation
of
Affiant’s
observations
and
factual
conclusions
with
respect
to
the
Mallard
Lake
Landfill.
Environmental Control Manager
For DuPage County
Date:
____________
86—173
STATE OF ILLINOIS
COUNTY OF DUPAGE
ADMINISTRATIVE
CITATION
People of the State of Illinois
)
Petitioner,
87CD
300
E
& E Hauling,
Inc.,
)
AC Docket No._____
Respondent.
JURISDICTION
This Administrative Citation
is
issued pursuant to the
authority vested
in
the
Illinois
Environmental
Protection
Agency by Public Act 84-1320
(Iii.
Rev.
Stat.
1986,
Supp.,
ch.
111 1/2, par.
1031.1.), and delegated to DuPage
County pursuant to Ill. Rev. Stat.
1986, Supp.,
ch.
111 1/2,
par.
1004(r).
FACTS
1.
That
Respondent,
E
&
E
Hauling,
Inc.,
is
the
present
operator
of
a
facility
located
in
the County
of
DuPage, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill, operating under Illinois Environmental Protection
Agency Operating Permits
Nos.
1982-17—OP;
1982—052—SP;
and
l987—095—EX
and designated with
Site
Code
No.
0438010004.
Said
facility
is
commonly
known
to
the
Agency
as Mallard
Lake Landfill.
86—174
3.
That Respondent has operated
said facility at all
times pertinent hereto.
4.
That on November
24,
1987,
Steven K.
Dunn,
of the
County
of
DuPage,
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.
VIOLATIONS
On the basis
of direct observation of Steven K.
Dunn,
the
County
of
DuPage
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.
111 1/2,
par. 1021(d),
in a manner which resulted in the following condition:
(1)
The
existence of uncovered refuse
remaining
from
any
previous
operating
day
or
at
the
conclusion
of
any
operating
day
in
violation
of
Ill.Rev.Stat. (1985),
ch.
111 1/2, par. lO2l(p)(S).
CIVIL
PENALTY
Pursuant to Public Act 84—1320
(Ill.
Rev.
Stat.
1986,
Supp.,
ch.
111
1/2,
par.
1042(b)(4),
Respondent herein
is
subject to a civil penalty of Five Hundred Dollars
($500.00)
for
the
violation
specified
above
in Paragraph
(1)
for
a
total
of
five
hundred
and
zero/00
($500.00)
dollars.
Additionally,
should
you
elect
to
petition
the
Illinois
86—175
2
Pollution Control Board under the review process
described
hereinbelow,
and
if
there
is
a
finding
of
the
violation
alleged herein, after an adjudicatory hearing, you shall
be
assessed
the
associated
hearing
costs
incurred
by
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 violation cited hereinabove,
the
civil
penalty
specified
above
shall be due and payable
no
later
than February
1,
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
County
of
DuPage
and
mailed
to
The
DuPage
County
Department
of
Public
Works,
Attention:
Steven
K.
Dunn,
Environmental Control
Manager,
421 North County Farm Road,
Wheaton, Illinois 60187.
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
3
86—176
payment
is
not received when due, the DuPage County State’s
Attorney
may
initiate
proceedings
in
Circuit
Court
to
collect said civil
penalty.
In addition
to the previously
assessed
civil
penalty and hearing
costs
of
the
Illinois
Pollution Control Board, if any, the State’s Attorney’s
office will seek to recover its costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
See,
Public
Act
84-1320
(I11.Rev.Stat.
1986,
Supp.,
ch.
ill
1/2,
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 DuPage County State’s Attorney, attention:
Gretta
Tameling,
at
207
South
Reber
Street,
Wheaton,
Illinois
60187.
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
4
86—177
of said Petition for Review filed with the State’s Attorney
at 207 South Reber Street, Wheaton, Illinois 60187.
Assistant State’s Attorney
Date:
________
86—178