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

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