ILLINOIS POLLUTION

CONTROL

BOARD

April

21,

1988

IN THE MATTER OF:

PDC SERVICES,

 INC.,

)

 88—7

(IEPA Docket No. 8822—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board

 upon

 a March

7,

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 PDC Services has violated Section 21(p)(7)

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 3l.l(d)(1),

 the Board

 finds

that PDC Services has violated the provision alleged

 in the

amended Administrative Citation.

 Since

 there

is

(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 PDC 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,

 Illinois

62706

IT

 IS SO ORDERED.

I,

 Dorothy M.

 Gunn, Clerk

 of the Illinois Pollution Control

Board, hereby certify

 hat ~he above Order was adopted on the

 day of

________________,

 1988,

by

 a vote of

7’~

—

Dorothy

M.

 G nn, Clerk

Illinois Pollution Control

 Board

88—355

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

1))

MAR

p988

AMENDED ADMINISTRATIVE CITATION

lVi

_______________

STATE Of

IL1INO~S

.~PotWiios

CONTROL BOARD

IN THE

MATTER

OF:

)

5~f~7

PDC Services, Inc.,

)

 IEPA DOCKET NO.

 8822-AC

a 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, corporation,

is

 the present operator

of

a facility located

 in the County of Peoria, State of Illinois.

2.

 That

 said

 facility

is

 operated

as

a

 sanitary

 landfill,

operating

 under

 Illinois

 Environmental

 Protection

 Agency

 Operating

Permit

No.

 1975-OP-58,

and

 designated

 with

 Site

 Code

No.

 143816002.

Said facility is commonly known

 to the Agency

 as Peoria

 City/County

Landfill.

3.

 That

 Respondent

has

 operated

 said

 facility

at

all

 times

 pertinent hereto.

4.

 That

on

 December 24,

 1987, Timothy 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.

88—3

56

VIOLATIONS

On

the

 basis

 of direct observation

 of Timothy 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.

 That on December 24,

 1987 said landfill facility accepted

 special

waste without necessary permits

 in violation of

 Ill.

 Rev.

 Stat.

1986 Supp.,

ch.

 111½,

 par.

 1021(p)(7).

CIVIL PENALTY

Pursuant

to

 Public

Act

 84—1320

 (Ill.

 Rev.

 Stat.

1986

 Supp.,

ch.

111½,

 par.

 l042(b)(4)),

 Respondent herein

 is subject

to

a

 civil

 penalty

of Five Hundred Dollars

 ($500.00) for the violation specified above

in Paragraph A.

 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.

88—357

If

you

 acknowledge

the

 violation

 cited

 hereinabove,

the

 civil

penalty

 specified

 above

 shall

be

due

and

 payable

no

 later

 than

 April

7,

 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.

88—358

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

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.

 Carison, Director

Illinois Environmental

 Protection Agency

Date:

 March

4,

1988

88—359

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

REMITTANCE FORM

IN THE MATTER

OF:

)

PDC Services,

 Inc.,

)

 IEPA DOCKET NO.

 8822-AC

)

Respondent

)

FACILITY:

 Peoria City/County Landfill

 SITE CODE NO:

1438160002

COUNTY:

 Peoria

 CiVIL PENALTY:

 $500.00

DATE OF

 INSPECTION:

 December 24,

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.

88—36 ()

STATE OF ILLINOIS

)

COUNTY

SANGPINON

)

PROOF OF SERVICE

I,

 the undersigned,

 on oath state that

 I have served the attached

MOTION and AMENDED ADMINISTRATIVE CITATION

 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 of Illinois Center

100 West Randolph, Suite 11-500

Chicago,

IL

60601

PDC Services,

 Inc.

c/c Mr. Brian Meginnes

Attorney at Law

1400 First National

 Bank Building

Peoria,

 IL 61602

and mailing

it from Springfield, Illinois, on

 M~rrh

19 p~p

 with sufficient postage affixed, certified mail, return receipt

requested.

SUBSCRIBED

AND

SWORN

BEFORE

this

4th

 day of

 March

1988

Notary Public

NOTARY

PUBLiC,

STATE OF

tLLJNOIS

COMMISSION EXPIRES 4-13-91

~t.

532—0772

ADM

Pt,.

6/82

88—361

Oi8~OO3