ILLINOIS POLLUTION CONTROL BOARD
    February 25,
    1988
    IN THE MATTER OF:
    CENTRAL ILLINOIS DISPOSAL
    )
    AC 88-3
    COMPANY,
    )
    (IEPA Docket No. 8752—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a January
    7,
    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.
    The Agency alleges
    that Central Illinois Disposal Company has violated Sections
    2b(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.
    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 31.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 9enalty 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.
    86—463

    —2—
    I, Dorothy
    M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certif
    that the above Order was adopted on the
    ~ti~ day of
    ,
    1988,
    by a vote of
    7—0
    Dorothy
    M.
    unn, Clerk
    Illinois Pollution Control Board
    .
    .
    86—464

    ILLINOIS ENVIRONMENTAL PROTECTION AG~
    ADMINISTRATIVE CITATION
    IN THE MATTER OF:
    )
    ,4~.cfJ
    CENTRAL ILLINOIS DISPOSAL COMPANY,
    )
    IEPA DOCKET NO.
    8752-AC
    an
    Illinois corporation,
    )
    Respondent.
    )
    JURISDICTION
    This
    Administrative
    Citation
    is
    issued
    pursuant
    to
    the
    authority
    vested
    in
    the
    Illinois
    Environmental
    Protection
    Agency
    by
    Public
    Act
    84—1320
    (111.
    Rev.
    Stat.
    1986,
    Supp.,
    ch. 111½,
    par.
    1031.1).
    FACTS
    1.
    That
    Respondent,
    CENTRAL ILLINOIS DISPOSAL COMPANY,
    is
    the
    present
    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,
    and
    designated
    with
    Site
    Code
    No.
    2038080002.
    Said facility is commonly known
    to
    the Agency as Woodford—Marshall
    County
    Sanitary Landfill.
    3.
    That
    Respondent
    has
    operated
    said
    facility
    at
    all
    times
    pertinent hereto.
    4.
    That
    on
    November
    19,
    1987, 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.
    86—465

    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.
    On November
    19,
    1987,
    said landfill
    had uncovered refuse
    remaining
    from
    a previous operating day,
    in violation of Ill.
    rev.
    Stat.
    1985,
    ch.
    111½,
    par.
    1O21(p)(5).
    B.
    On November
    19,
    1987,
    said landfill
    had failed
    to collect and contain
    litter from
    a previous operating day,
    in violation of Ill.
    Rev.
    Stat.
    1985,
    ch.
    111½,
    par.
    l021(p)(l2).
    CIVIL PENALTY
    Pursuant
    to
    Public
    Act
    84—1320
    (Ill.
    Rev.
    Stat.
    1986
    Supp.,
    ch.
    111½,
    par.
    1042(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.
    2
    86—466

    If
    you
    acknowledge
    the
    violations
    cited
    hereinabove,
    the
    civil
    penalty
    specified
    above
    shall
    be
    due
    and
    payable
    no
    later
    than Feb-
    ruary 13,1988.
    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 litigaticn.
    3
    86—467

    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.
    /
    K’
    ~
    /~
    Richard J.
    Car1~sor~,Director
    Illinois
    Enviroriniental Protection
    Agency
    Date:
    January
    5,
    1988
    86—4 68

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