ILLINOIS POLLUTION CONTROL BOARD

May

19,

1988

IN THE MATTER OF:

)

CENTRAL ILLINOIS DISPOSAL

)

AC 88—28

COMPANY,

)

(IEPA Docket No.

8911—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon an April

4, 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 Central Illinois Disposal

Company on April

4,

1988.

The Agency alleges that Central

Illinois Disposal Company has violated Sections 21(p)(5)

and

21(p)(l2)

of the Act.

The statutory penalty established for each

of these violations

is $500.00 pursuant to Section 42(b)(4)

of

the Act.

Central Illinois Disposal Company 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

Central Illinois Disposal Company has violated each and every

provision

alleged

in the Administrative Citation.

Since there

are two

(2) such violations,

the total penalty to be imposed

is

set at $1,000.00.

It

is hereby ordered that,

unless the penalty has already

been paid, within 30 days

of the date

of this Order Central

Illinois Disposal Company 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 $1,000.00 which

is

to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

IL 62706

IT

IS SO ORDERED.

89—327

---

—2—

I, Dorothy M. Gunn,

Clerk

of the Illinois Pollution Control

Board~herebycertify that the above Order was adopted on the

/~‘~day of

,

1988,

by

a vote

of

7~O

~

~.

Dorothy M.

GU’nn,

Clerk

Illinois Pollution Control Board

89—328

---

APR

41988

ILLINOIS ENVIRONMENTAL PROTECTION AGI

PO~tUflONCONTROL BOARD

ADMINISTRATiVE CITATION

IN THE

MATTER

OF:

)

,~

~

CENTRAL

ILLINOIS DISPOSAL

CO.

)

IEPA DOCKET

NO. 8911—AC

AN ILLINOiS CORPORATION

)

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.

111½,

par.

1031.1).

FACTS

1.

That

Resoondent, Central

Illinois DiSDOSaI

Co.,

is

t.he

oresent

operator of

a facility located

in the County

of Woodford, State of

Illinois.

2.

That

said

facility

is

operated

as

a

sanitary

landfill,

operating

under

Illinois

Environmental

Protection

Agency

Operating

Permit

No.

1975-76-UP,

and

designated

with

Site

Code

No.

203 808

0002.

Said

facility

is

commonly

known

to

the

Agency

as

Minonk/Woodford

Marshall

Co.

L.F.

3.

That

Respondent

has

operated

said

facility

at

all

times

pertinent hereto.

4.

That

on

February 26,

1988, 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.

89—329

---

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 February 26,

1988 said landfill

facility operated with

uncovered refuse remaining from

a

previous operating day,

in violation

of

Ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par.

1021 (p)(5).

B.

That on February 26,

1988 said landfill

facility operated while

~3i~e~

~c cc~act-

~id

contain

litter

f’~mthe

site

by

t~e

end of

a previous operating day,

in violation of

ill.

Rev.

Stat.

1986 Supp.,

ch.

1i1~,, par.

1021

(p)(l2).

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

Paragraphs

A and

B,

for

a

total

of

one thousand ($1,000.00) Dollars.

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 for each finding of violation.

89—330

---

If

you

acknowledge

the

violations

cited

hereinabove,

the

civil

penalty

specified

above

shall

be

due

and

payable

no

later

than

May

12, 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.

89—33 1

---

PROCEDURE

FOR CONTESTING THIS

ADMINISTRATIVE 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

!llinois

Ce~ter.

100

‘Jest~ Randoloh,

Suite 1l—~0Q. Chicago,

Illino4s

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

3. Carlson, Director

Illinois Environmental

Protection Agency

Date:

March

31, 1988