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