ILLINOIS POLLUTION CONTROL BOARD
February 25, 1988
IN THE MATTER OF:
W.W. SANITATION, INC.,
)
AC 88—4
(IEPA Docket No. 8758—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. Service of the
Administrative Citation was made upon W.W. Sanitation, Inc. on
January 6, 1988. The Agency alleges that W.W. Sanitation, Inc.
has violated Sections 2l(p)(5), 2l(p)(l) and 21(p)(l2) of the
Act. The statutory penalty established for each of these
violations is $500.00 pursuant to Section 42(b) (4) of the Act.
W.W. Sanitation, Inc. 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 3l.l(d)(l), the Board finds that W.W. Sanitation, Inc.
has violated each and every provision alleged in the
Administrative Citation. Since there are three (3) such
violations, the total penalty to be imposed is set at
$1,500.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order W.W.
Sanitation, Inc. 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 $1,500.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
IT IS SO ORDERED.
86—469
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi that the above Order was adopted on the
~
day of
,
1988, by a vote of
70
Illinois Pollut Control Board
86—470
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ILLINOIS ENVIRONMENTAL PROTECTION
IIK\I
~W4.7~j_II
ADMINISTRATIVE CITATION
IN THE MATTER OF:
)
,4
~_5/’
W.W. SANITATION, INC.,
)
IEPA DOCKET NO. 87w-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 (Iii. Rev. Stat. 1986, Supp., ch. 111½, par. 1031.1).
FACTS
1. That Respondent, W.W. SANITATION, INC., is the present
operator of a facility located in the County of Pike, State of Illinois.
2. That said facility is operated as a sanitary landfill,
operating under Illinois Environmental Protection Agency Operating
Permit No. 1975—35-OP, and designated with Site Code No. 1498160001.
Said facility is comonly known to the Agency as New Salem/W.W. Sanitation,
Inc.
3. That Respondent has operated said facility at all times
pertinent hereto.
4. That on November 24, 1987, Clifford Wheeler, 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.
VIOLATIONS
On the basis of direct observation of Clifford Wheeler, the Illinois
Environmental Protection Agency has determined that Respondent was
86—47 1
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 24, 1987, said landfill had uncovered refuse from a
previous operating day, in violation of Ill. Rev. Stat. 1985, ch. 111½,
par. 1O21(p)(5).
B. On November 24, 1987, said landfill had refuse in standing or flowing
water, in violation of Ill. Rev. Stat. 1985, ch. 111½, par. 1O21(p)(1).
C. On November 24, 1987, said landfill had failed to collect and contain
litter from the previous operating day, in violation of Ill. Rev. Stat.
1985, ch. 111½, par. lO2l(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 through C, for a total of one thousand five hundred
($1,500.00) 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 Protecticri 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 Feb-
ruary 13,1988. If you do not petition the Illinois Pollution Control
86—47
2
2
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 Protecticn
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. ~
Public Act 84—1320 (Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1031.1).
86—473 3
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, P0. Box 19276,
Springfield, Illinois 62794-9276, Attention: Enforcement Services.
)
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Rf~iardJ. Car~on,i Director
Illinois Enviroiime~ntal Protection Agency
Date: January 5, 1988
86—474