ILLINOIS POLLUTION CONTROL BOARD
    April 21, 1988
    IN THE MATTER OF:
    BROWNING—FERRIS INDUSTRIES,
    )
    AC 88—18
    (Case No. 88—1 SC)
    Respondent.
    ORDER OF
    THE
    BOARD:
    This matter comes before the Board upon a March 9, 1988
    filing of an Administrative Citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act (Act) by the St. Clair
    County Health Department. A copy of that Administrative Citation
    is attached hereto. Service of the Administrative Citation was
    made upon Browning—Ferris Industries on March 4, 1988. The St.
    Clair County Health Department alleges that Browning—Ferris
    Industries has violated Sections 2l(p)(l), 21(p)l2), 21(p)(1) and
    2l(p)(12) of the Act. The statutory penalty established for each
    of these violations is $500.00 pursuant to Section 42(b)(4) of
    the Act.
    Browning—Ferris Industries 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.l(d)(2) of the Act. Therefore,
    pursuant to Section 3l.l(d)(l), the Board finds that Browning—
    Ferris Industries has violated each and every provision alleged
    in the Administrative Citation. Since there are four (4) such
    violations, the total penalty to be imposed is set at $2,000.00.
    It is hereby ordered that, unless the penalty has already
    been paid, within 30 days of the date of this Order Browning—
    Ferris Industries shall, by certified check or money order
    payable to the Landfill Citation Fund, pay a penalty in the
    amount of $2,000.00, which is to be sent to:
    Paul Heas, County Collector
    10 Public Square
    Belleville, Illinois 62220
    IT IS SO ORDERED.
    88—363

    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~fy that the above Order was adopted on the
    7/~1.day of
    ,
    1988, by a vote of
    7c)
    Dorothy M. nn, Clerk
    Illinois Pollution Control Board
    88—364

    BROWNING-FERRIS IND.
    A Foreign Corporation
    Licensed To Do Business
    In Illinois
    Respondent.
    COUNTY OF ST. CLAIR
    ADMINISTRATIVE CITATION
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    STATE OF ILLINOIS
    ___
    IN THE MATTER OF:
    88-1 SC
    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. 111 1/2, par. 1031.), and
    delegated to St. Clair County pursuant to Ill. Rev. Stat. 1986,
    Supp., ch. 111 1/2, par. 1004 Cr).
    FACTS
    1. That Respondent, a Missouri corporation, is the present
    operator of a facility located in the County of St. Clair, State of
    Illinois.
    2. That said facility is operated as a sanitary landfill,
    operating under Illinois Environmental Protection Agency Operating
    Permit No. 1980-35 OP, and designated with Site Code No 1630100003.
    Said facility is commonly known to the Agency as Belleville/BFI
    Modern.
    3. That Respondent has operated said facility at all times
    pertinent hereto.
    88—36 5

    4. That on January 28, 1988, and February 25, 1988, Donald R.
    Brannon, of the County of St. Clair, inspected the above-described
    landfill facility. Copies of the Inspection Reports setting forth
    the results of such inspections are attached hereto and made a part
    hereof.
    VIOLATIONS
    On the basis of direct observation by Donald Brannon, the County
    of St. Clair has determined that Respondent was conducting a landfill
    operation at the above-described facility, which is required to have
    a permit pursuant to Ill. Rev. Stat. 1986, ch. 111 1/2, par. 1021(d).
    in a manner which resulted in the following conditions:
    A. On January 28, 1988, operated said landfill facility
    in a manner which resulted in refuse in standing
    or flowing waters, in violation of Ill. Rev. Stat. 1987,
    Supp., ch. 111 1/2, par. 1021(P) (1).
    B. On January 28, 1988, operated said landfill facility
    in a manner which resulted in failure to collect and
    contain litter from the site by the end of a previous
    operating day, in violation of Ill. Rev. Stat. 1987, ch.
    111 1/2, par. 1021(P) (12).
    C. On February 25, 1988, operated said landfill facility
    in a manner which resulted in refuse in standing or
    flowing waters, in violation of Ill. Rev. Stat. 1987,
    Supp., ch. 111 1/2, par. 1021(P) (1).
    D. On February 25, 1988, operated said landfill facility
    in a manner which resulted in failure to collect and
    contain litter from the site by the end of a previous
    operating day. in violation of Ill. Rev. Stat. 1987,
    ch. 111 1/2, par. 1021(P) (12.).
    88—366

    CIVIL PENALTY
    Pursuant to Public Act 54-1320 (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 each violation
    specified above in Paragraphs A, B, C and D for a total of Two
    Thousand Dollars ($2000.00). 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
    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
    April 11, 1988. If payment is not received by such date, this
    citation will be forwarded to the Illinois Environmental Protection
    Agency for judgement. If you do not petition the Illinois Pollution
    Control Board for review of this Administration Citation within
    thirty-five (35) days of service hereof or if you elect to contest
    this Administative Citation, any judgement 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
    LANDFILL CITATION FUND and mailed to Paul Haas, County Collector,
    ~1O Public Square, Belleville, Ii 62220.
    88—367

    If any civil penalty, by reason of acknowledgement, 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 St.
    Clair 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 will seek to recover
    their costs of litigation.
    PROCEDURE
    ~
    CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation.
    ~ Public Act 84-1320 (Ill. Rev. Stat. 1986, Supp., cli. 111 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 St. Clair County State’s Attorney, Attention, John
    Baricevic, at the St. Clair County Courthouse. Such Petition for
    Review must be filed within thirty-five (35) days of the date of
    service of this Administrative Citation, or a default judgement
    shall be entered by the Pollution Control Board. The Petition for
    Review may be filed with the Clerk of the Illinois Pollution Control
    88—368

    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 States Attorney at the St. Clair County
    Courthouse.
    JOHN BARICEVIC
    States Attorney
    March 3, 1988
    _____________________
    BY:
    _______________________
    St. Clair County
    ~7’$’(/HOFFMA
    Public Health
    ~ssistant
    State~s Attorney
    88-369

    8T~TE OF ILLI~2I8
    COJ~Tt’ OF ST. Cu~lF.
    l:~ T~-:E ~TTEF~
    OF:
    BELLEVILLE/EFIBF~D~iNB-
    FERRIS
    t-~ODERN
    ))
    88—1
    SC
    ~f
    /1
    Respondent.
    c~ffiant, D~’.ald
    R.
    E;rar~non, being first
    ouly
    s~orn, voluntarily
    deposes
    and
    states as
    1
    t~-Ffiar;z is a -field inspector employed by the St. Ciair
    County Health Department and certified by the Illinois Environmental
    Prote~tior. A~en~yand has
    ~een
    so employed at all times pertinent
    he~et~.
    Or,
    ~njarv
    28. ~
    between 9~uu a.m., and
    11:..U
    a.m., anG
    on February 2Z, 1988.
    bez~eer~
    2:30 p.m. and :1Z p.m., Affiant
    conducted inspections of the sanitary landfill in St. Clair County,
    Illinois, known as Belleville/BFI Modern, Illinois Environmental
    Protection
    (-icency Site Nc.
    1~3OiC’OOO3, operating uncer IEPA F’e:nit
    ~c. 1~~—3S—OF.
    :.
    A~ianz ~n~e~ted
    saic Belleville/E•FI
    hc~ern
    .ar~diii site
    ~ on—site inspecticn~ L:hi:h inc:iuded wal~inc the size and
    ~r~terv:e~-::n:
    oersonne.
    ‘.
    ~te:-
    seic inspection
    oi
    said landfill site, A4-fiant
    lIVE ~
    ~t~t
    .-.nEzr.5--
    0
    nct an-,’ liiinc:s Er.v~ronrent~~
    ~cn:v
    pcrri.~t~
    issusc tc
    tns s~bJsct
    size anc
    88—370

    investigated into whether or not required documents were timely
    filed on behalf of the subject site.
    5.
    (-is a result o-f the activities referred to in Paraoraphe
    3 and 4 above, Affiant completed the Inspection Report forms
    attached hereto and made a part hereof, which, to the best
    of
    (-~fr~ants ~:no~-:iedos and belief, are an accurate representation
    of
    Af-fiants observations and factual conclusions witn respect to
    the Belleville/BFI Modern Landfill.
    Subscribed and Sworn To before me
    this 3rd day of tiarch, 1988.
    Notary Public
    EIJRY PUBLIC
    STATE O~’~LLTP~D1S
    MY CO~.ISSIOWEXP. API.
    .,, I~E2
    U$-ULD
    T~RUILL. aC1A~v
    assoc.
    88—37 1

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