Ir.,LINOIs POLLUTION CONTROL BOARD
March 24, 1988
IN THE MATTER OF:
WINNEBAGO RECLAMATION
)
AC 88—6
SERVICES, INC.,
)
(IEPA Docket No. 8821—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a February 9, 1988
filing of an 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
Administrative Citation is attached hereto. Service of the
Administrative Citation was made upon Winnebago Reclamation
Services on February 8, 1988. The Agency alleges that Winnebago
Reclamation Services 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.
Winnebago Reclamation Services 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 3l.l(d)(1), the Board finds that Winnebago
Reclamation Services 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 Winnebago
Reclamation 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, IL 62706
IT IS SO ORDERED.
87— 23 3
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~?Z..
day of
,
1988, by a vote of ~
Dorothy M. ~unn,
~
Clerk
£~
Illinois Pollution Control Board
87—234
ILLINOIS ENVIRONMENTAL PROTECTION A~
ADMINISTRATIVE CITATION
IN THE
MATTER OF:
Winnebago
Reclamation Services, Inc.
)
IEPA DOCKET NO. 8821-AC
a corporation,
)
c~
Respondent
)
~JURISDICTION
This Administrative Citation is issued pursuant to the authority
vested in the Illinois Environmental Protection Agency by Public Act
84-1320 (111. 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 Winnebago, State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1472-OP-24, and designated with Site Code No. 2018080001.
Said facility is commonly known to the Agency as Pagel Pit.
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on December 22, 1987, Thomas Henninger, 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—235
VIOLATIONS
On the basis of direct observation of Thomas Henninger, 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
condi tions:
A. That on December 22, 1987 said landfill facility operated with
uncovered refuse remaining from a previous operating day, in violation
of Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 108l(p)(5).
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 ($~OO.OO) for the violation specified above
in Paragraph A. PdditicnaTiy, should you elect to petition the Illinois
PolThticn Control
Eo~rd
under
the review process described. h~reinheiow,
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 Environmental Protection Agency and
the Illinois Pollution Control Board, in addition to the Five Hundred
Dollar ($500.00) statutory penalty for a finding of violation.
87—236
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.
87— 237
PROCEDURE FOR CONTESTING THIS
AD;IINISTRATIVE 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).
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. Carlson, Director
Illinois Environmental Protection Agency
Date: February 4, 1988
87—238