ILLINOIS POLLUTION CONTROL BOARD
January
7, 1988
IN THE MATTER OF:
)
MULTI COUNTY LANDFILL,
INC.
)
AC 87-112
)
(IEPA Docket No. 8689—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a November
20, 1987
filing of an Administrative Citation pursuant to Section 311
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 Multi County Landfill on
November
19,
1987.
The Agency alleges
that Multi County Landfill
has violated Section 2l(p)(5) of the Act.
The statutory penalty
established for this violation
is $500.00 pursuant
to Section
42(b)(4)
of the Act.
Multi 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 3l.1(d)(l),
the Board
finds that Multi County Landfill
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 Multi 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 $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.
85—63
—2—
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board,
hereby
certify
that
he
above
Order
was
adopted
on
the
7T1.
day
of
_____________,
1988
by
a
vote
of
________________.
Dorothy
M.
unn,
Clerk
Illinois Pollution Control Board
85—64
ILLINOIS ENVIRONMENTAL PROTECTION
~N~2O~8T
ADMINISTRATIVE CITATION
STATE Of IWNOtS
—
~
POUUT1ON
CONTROL B0~RO
IN THE
MATTER
OF:
)
,a~
g~’—,,~_
MULTI
CO.
LANDFILL,
INC.
)
IEPA DOCKET NO. 8689-AC
)
Respondent.
)
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. 103L1).
FACTS
1.
That Respondent, Multi
Co. Landfill,
Inc.,
is the present
operator of
a facility located
in the County of Douglas, State of
Illinois.
2.
That said facility is operated
as
a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No.
1975-Ol8—OP, and designated with Site Code No. 0418030001.
Said facility
is commonly known
to the Agency as Villa
Grove/Multi
Co.
Landfill.
3.
That Respondent has operated said facility at all
times pertinent
hereto.
4.
That on September 21,
1987,
S. Dale Eleriberger, 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.
85—65
VIOLATIONS
On the basis of direct observation of
S.
Dale Elenberger,
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 September 21,
1987 operated said sanitary landfill facility
with uncovered refuse remaining from
a previous operating day,
in viola-
tion of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
lO2l(p)(5).
CIVIL PENALTY
Pursuant to
Public Act 84—1320 (Ill.
~ev.Stat.
1986 Supp.,
ch.
111½,
par.
1042(b)(4)),
Respondent herein
is subject
to
a civil
penalty
of Five Hundred Dollars
($500.00) for the violation specified above
in
Paragraph A.
Additionally, should
yoi. elect to petition the Illinois
Pollution Control
Board under the review process described hereinbelow,
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.
If you acknowledge the violation cited hereinabove,
the civil
penalty specified above shall
be due and payable no later than December
31,
1987.
If you do not petition
the
Illinois Pollution Control
Board
for review of this Administrative Citation within thirty-five
(35)
2
85—66
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,
be 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~sOffice will seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation.
~
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
3
85—67
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 filedwithin 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.
~
Rfchard
J. Carlso/,jOirector
/
~—‘
Illinois Environ~.ii’tal Protection Agency
Date:
November
18,
1987
4
85—68