ILLINOIS POLLUTION CONTROL BOARD
January
7,
1988
IN THE MATTER OF:
)
)
ENVIRONMENTAL RECLAMATION,
CO.
)
AC 87-114
)
(IEPA Docket No. 8691—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a November
23,
1987
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 Environmental Reclamation
on November
20,
1987.
The Agency alleges
that Environmental
Reclamation has violated Sections
21(p)(5)
and 21(p) (12)
of the
Act.
The statutory penalty established
for each of these
violations
is $500.00 pursuant
to Section 42(b)(4)
of the Act.
Environmental Reclamation 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.1(d)(l),
the Board
finds that
Environmental Reclamation 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 Environmental
Reclamation 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.
85—75
—2—
I,
Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board, hereby ce
ify that the above Order was adopted on the
7?Z
day of
,
1988
by
a vote of
~
—O
Dorothy M. iGunn, Clerk
Illinois Pollution Control Board
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ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
ADMINISTRATIVE
CITATION
IN THE MATTER OF:
)
,0c
(7-/f
ENVIRONMENTAL RECLAMATION CO.,
)
IEPA DOCKET NO. 8691-AC
an
Illinois corporation,
)
)
Petitioner.
)
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 Respondent, Environmental Reclamation Co.,
is the present
operator of
a facility located
in the County of Coles, State of Illinois.
2.
That said facility is operated as a sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit No.
1979—16-OP, and designated with Site Code No. 0298050007.
Said facility
is commonly known
to the Agency as Environmental Reclamation
Co.
Landfill.
3.
That Respondent has operated said facility at all times pertinent
hereto.
4.
That on October
6, 1987, William Zierath, 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.
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VIOLATIONS
On the basis of direct observation
of William Zierath, 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 October
6,
1987 said sanitary landfill facility operated
with uncovered refuse remaining from a previous operating day, in viola-
tion of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(5).
B.
On October
6,
1987 said sanitary landfill
facility failed
to collect and contain litter from the
site by the end of a previous
operating day,
in
violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
lO2l(p)(l2).
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 ($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.
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85—78
If you acknowledge the violations 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)
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’s Office will seek to recover their costs of litigation.
3
85—79
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.
I;
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7.
/
/
/7
/
/
C
Richard
3. Carlson, Director
Illinois Environmental Protection Agency
Dated:
November 18,
1987
4
85—80