ILLINOIS POLLUTION CONTROL BOARD
March 24,
1988
IN THE MATTER OF:
JACKSON COUNTY LANDFILL,
)
AC 88—12
(IEPA Docket No.
8829—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon a February 10,
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 Jackson County Landfill on
February
9,
1988.
The Agency alleges that Jackson County
Landfill has violated Sections 2l(p)(5),
21(p)(7),
2l(p)(9)
and
21(p) (10)
of the Act.
The statutory penalty established for each
of these violations is $500.00 pursuant to Section 42(b)(4)
of
the Act.
Jackson County Landfill 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 31.1(d) (2)
of the Act.
Therefore, pursuant
to Section 31.1(d)(l),
the Board
finds that Jackson County
Landfill 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 Jackson
County Landfill 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 $2,000.00 which is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
IT
IS SO ORDERED.
87—265
—2—
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Bo~,çd, hereby
certif
that
the
above
Order
was
adopted
on
the
~
day
of
,
1988,
by
a
vote
of
~
Dorothy
M.
unn,
Cletk
Illinois
Pollution
Control
Board
87— 266
ILLINOIS ENVIRONMENTAL PROTECTION
AWIINISTRATIVE
CITATION
IN
THE
MATTER
OF:
)
)
JACKSON
COUNTY
LANDFILL,
rNC.
,
)
a corporation
)
)
Respondent
)
JURISDICTION
This Adninistrativ~ 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.
111½,
par.
1031.1).
FACTS
1.
That
Respondent
i~
the
present
operator
of
a
f~ci1ity
located
in the
County
of Maric~,State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
1and~i11,
operating
under
ii
ino’~
s
Environmental
Protection
Agency
Operating
Permit
No.
1984-3—OP.
arid
designated
with
Site
Code
No.
i2i4420003.
Said
facilfty
is
commonly
known
to
the
Agency
as
Industrial
Salvage.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent
hereto.
4.
That
or
December
18,
1987,
Gerald
Steele,
of
the
Ii1inoi~
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.
4c.
~/2
TEPA
DOCKET
NO.
8829—AC
87—267
VIOLATIONS
On
the
basis
of direct
observation
of Gerald Steele,
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.
On December
18,
1987 said landfill
facility operated with uncovered
refuse from
a previous operating day in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021(p)(5).
B.
On December
18,
1987 said landfill
facility operated while having
accepted wastes without necessary permits,
in violatoin of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
102l(p)(7).
C.
On December
18,
1987 said landfill
facility operated while having
deposited
refuse
in
an unpermitted
portion
of
said landfill,
in
violation
of
Ill.
Rev.
Stat.
1986
Supp.,
ch.
111½,par.
l02l(p)(9).
D.
On December
18,
1987 said landfill
facility operated while. having
accepted special waste without
a required manifest,
in violation
of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
1O21(p)(l0).
CIVIL PENALTY
Pursuant
to
Public
Act 84-1320
(111.
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
each
violation
specified
above
in
Paragraphs
A through D,
for
a
total
of
Two Thousand ($2,000.00)
Dollars..
Additionally,
should
you
elect
to
petition
the
Illinois
Pollution
Control
Board
under
the review process described hereinbelow,
2
87—268
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.
If
you
acknowledge
the
violations
cited
hereinabove,
the
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
March
16,
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.
Wh&n
payment
is
made,
your
check
should
be
made
payable
to
the
Illinois
Environmental
Protection Trust
fund and mailed
to
the attention
of
Fiscal
Services,
I1linoi~: Environmental
Protection
~gercy, 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 I1lino~s
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
3
87— 269
Agency
and
the
Illinois
Pollution
Control
Board,
if
any;
the
Attorney
General’s Office will seek to recover their costs of litigation.
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
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.
~L~72-~
Richard
J. Carlson, Director
Illinois Environmental
Protection Agency
Date:
February
5, 1988
87—270