ILLINOIS POLLUTION CONTROL BOARD

January 21, 1988

IN THE MATTER OF:

UPPER ROCK ISLAND COUNTY

)

AC 87—120

LANDFILL, INC.

)

(IEPA Docket No. 8725—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon a December 14, 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 Upper Rock Island County

Landfill on December 12, 1987. The Agency alleges that Upper

Rock Island County Landfill has violated Sections 2l(p)(5),

21(p)(l2) and 2l(p)(ll) of the Act. The statutory penalty

established for each of these violations is $500.00 pursuant to

Section 42(b)(4) of the Act.

Upper Rock Island 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 31.l(d)(l), the Board finds that

Tipper Rock Island County Landfill 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 alread

been paid, within 30 days of the date of this Order Upper Roc

Island 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 $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.

85—269

---

—2--

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby cert y that the above Order was adopted on the

c,?/’.24

day of

7

,

1988 by a vote of

70

Dorothy 14. G nfl, Clerk

Illinois Pollution Control Board

RS—77()

---

IL:::6::’~::~:~:2L

OTFCTON AGENC

~DEC14~8~JJ

STATE

of ttuwo~

IN THE MATTER OF:

~WTION

cONTRa. BOARD

UPPER ROCK ISLAND COUNT”

-

LANDFILL, INC., an Iiii’~o~

~

~

Bi25AC

corporation.

JU

ID N

COUNT I

This Acministro:ive Citation is issuco cursuant to the authority

vested in the Illinois Envi ~s-n:ai

Prot~cticnAcency by

Public

Act

84—1320 (111.

Rev.

Stat. 1936, 3~:a.

,

oh. 111

~/2,

par.

1031 .1).

1.

That

Respondent,

an

:1ii~ois corporation,

is

the

present operator

of a facility located

in

the Coonty oi Fock Island,

State

of Illinois.

2. That said fac~1~ty

is op~s~a:scas

a sani tary

landiili •

opera-

ting under Illinois Eriviron~:en:ai

~ro~ec~ion~gencyODeraLing Permits

N0S. 1931 —9—OP and 1933-111 -SP. and hes~gnateci ~ii th Sits

Code No.

16’ 8100014.

Said facility is commonly known to the Agency

as

Upper Rock Island County

Landfill.

3.

That Respondent has operated said facility at all

times pertinent

hereto.

4. That on

October

21 , 1937, James U. Jones, of the Ill

i

nois

Environmental Protection Agency, in;pected the above-described landfill

facility. A copy of the inspection report setting forth the results

of sucn inspection ~s attasned rereto aria sade a part hereof.

85—27 1

---

On the basis of Li:~nc:c:~”’’~ticnof James U. Jones, the

Illinois Environmental -rn:sc:~o.~:~nsnc:! has determined that Respon-

dent was conductinri a ~‘~rit~”T ‘rf nosration at the above—described

facility, which is r~r!i~-t1

to ~

‘-m~tnrrsuant

to Ill.

Rev.

Stat. 1985, ch. 111 1/2. o’--’. ‘CUT

in a

ronner

which resulted in the

following conditions:

A. On October

21,

1987, operated said landfill facility

with

un-

covered refuse remaining ~rcma orevious operating day, in violation of

Ill.

Rev.

Stat. 1986 Suos., Oi.

Ill

1/2, par.

lO2l(p)(5).

B. On October

21, T9~7, o:e~’a:sc

said landfill facility

while

having failed to collect anc contain litter from tne site by the end of a

previous operating aay, in violation of Ill. Rev. Stat. 1986 Supp., ch.

ill 1/2, par. l021(p)(12).

C. On October 21, 1937, oe~’teasaid landfill facility while having

failed to submit f~nancia

assurance aocuments requl reu by 35 Ill. Adm.

Code 807.601, in vio1ao~on

CT

~

.

~ev.atat. l98o Supp., ch. Ill 1/2,

par. 102l(p)(ll).

CIVIL PENALTY

Pursuant to Public Act 84—l320 (ill. Rev. Stat.

1986

Supp., ch.

111 1/2, par. 1042(b)(4), Respondent herein is subject to a civil penalty

of Five Hundred Dollars (35OO.1O~ for each violation specified above

in Paragraphs A through C of this Count I, for a total of Fifteen Hundred

($1,500.00) Dollars. Additionally, should you elect to petition the

Illinois

Pollution Control

8oard

under the

review

process described

hereinbelow, and if there is a fi:iaing of

the

violations alleged at Count

85—272

---

I herein, after rn rH iir ::~o.

Hr

, ‘sri :haii he

assessed

the

associated heaHnn or:::: ‘•r.

‘‘: U”

:~‘ri

Il~irois Environmental Protection

Agency ~nc

the ~‘

~“-

U

r dJi~onto the Fi’~e

hundred Dollar (Scofl.’.

,

Ta::

:o :sns1 ti ~-~sreacn

i~incing o~v~oiatlon.

If you acThow1eor~

~‘H

.‘ti:-’s cited here~naoOve at Count I,

the civil Denait’.’ STe

H ad rho’s

‘HaT uc

TIC

and

navabi

e no later than

January 22, 1988. If you do not petition the Illinois Pollution Control

Board for review of this Administrative Citation within thirty-five (35)

days of service

neroof or if ‘cu

elect to contest this Administrative

Citation, an:! juccorent rencerea acainas you shall speci fy the due date

cf the scatutcri civil penalty arc any costs assessed against you.

When payment is

cace, you’

cnec~.snouT d be mace payable to the

I1l~nois Env~ronn:enmal -~rotec;i:or, Trost rund ano mailed to the attent~on

of Fiscal Se”vi ces, Illinois Envi -on:rentoi P no tec:ion Agency, 2200

Churchill Road, P. 0. Box I9HH, S:ringfieid, Illinois 62794—9276.

Also, please complete anc return toe enclosed Remittance Form, along

with your payment, to assure prc:er documentation of payment.

If any civil penalty, bI’ reason of acknowledgement, default or

finding after adjudicatory hearing, is not paid when due, the Illinois

Environmental Protection Agency shall take

into consideration such

failure to pay durinc any permit review process upon your apolicatian

for a

new permi t or ror rer.co:/a o: an cxi s tinrj perm~t. Furthermore,

if payment is not

recelvec when

duo, tue nyt~cesof the Illinois Attorney

General shall

be repues ted

to

i ti ace proceedings in Ci rcui t

Court

to collect said civil penH :‘.

In aUdi tiorl to the previously assessed

civil penal :y , and he~rin’~casts of the 111 i nois Envi ronnental Protection

85—273

---

Agency and the :l;-~H

: 0

200t’:.l

Coo’d, if any; the Attorney

General~sOffioc niT’ i~. ra ‘-T.n.’n’ HHr costs of litigation.

1 — 3. The

‘H Hr

Er”i

‘or-’ent~1 ~rc:ection Acency reall eges

Paragraphs 1 thrc:h I H 2: rn

: as

2rrrcraons 1 through 3 of this

Count II.

4. That

on October 30,

1987,

Steve Van Hook, of the Illinois En-

vironmental

Protection Agency, reviewed the Agency files of Respondent~s

said landfill facility.

A

coo’

of the yersorandum setting forth the

results of sucn file ‘ns:e:tion ana dasea hovemoer 5, 1987, is attached

hereto and made a part rereof.

‘‘1

On the basis of said file rC’;ie’,i by Steve Van Hook, the Illinois

Env~ronmental Pi’otection ~—gencynas determined that Respondent was

conducting a sanitary iCHOSi

cae:’at’cn at the above—described fac~l~

ty,

which is required to have a permit pursuant to III. Rev. Stat. 1985, ch.

111 1/2, par. 1021(c), in

rarer iihich resulted in the following conditions:

A. On October 2!, Ivu,, oseraced sa~dlandf~ll facility wn~le

having failed to file required groundwater mon~tor~nganalys~s reports

due by January 15, 1986, in violation of Ill. Rev. Stat. 1986 Supp., ch.

111 1/2, par. 102l(p)(ll).

B. On October 21 , 1937, operated said laridfil I facility while having

failed to file required grouric.-~a:or monitoring analysis reports due by

April 15, 1936, in violation of Ill. Rev. Stat. 1936 Supp., ch. 111 1/2,

par. 1021(p)(ll).

85—274

---

r~!\LT’~’

Pursuant

to

Pybi

:t

U-r~ I ,

1.

Rev. Stat. 1936

Supp.

,

ch.

ill 1/2, par. 10-::

1

o:ocot hTr2lfl

is

subject

LO

a c~vil penulty

of

Five

Hundred

Cells or

‘ICC.

~l

1

‘Hr each V~Oiation soeci fi ed above

in Paragraphs ~ end C H :1,’H Corn: Ii, for a total of One Thousand

($1,000.00) Bollar:.

‘fHtior:H1’~ ‘Hold von elect to petition the

Illinois Pollution Control

Eaard:ncier

tne review process described

hereinbelow, and if there is a finding of the violations alleged herein, after

an adjudicatory hearing, you shall he assessed the associated hearing

costs

incurred by the Illinois En.’i’onmental Protection Agency and the Illinois

Po1lut~onControl Boara, in aac~:ionto the hive Hundred Dollar (SbOO.OO)

statutory penalty ror ccci ri/icing or v~olat~on

If you acknowleage tne violations cited nereinabove at Count II, the

ci vi 1 penalty speci fi cc above snal 1 be due and payable no later than

January 22, 1988. ir you co not

PCtitiofl

the illino~s Pollution Control

Board for review of ‘His Adm~ni strati ye Citation wi trim th~rty—fi ye

(35)

days ot service hereor or

iT

I/cu cect to contest th~sMdm1nlstrat~ve

Citation, any

judgment rencerec against you

snall specify the due date

of

the

statutory civil penalty and any costs assessed against you.

When payment is made, ycur 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. 0. 3ox 19279, Springfield, Illinois 52794-9276. Also,

please complete and return the enclosed

Remittance Form, along with your

payment. to

assure

proper documentation of payment.

—ri—

85—275

---

If any civil nero’ : -

.

:n sf

.achrc,-jl edcjcr~ent

,

default or

finding after adjid’H r

:~:

ir

:.

H

rot raid

.~ihendue;

the Illinois

Envi ronmental Prot: :ti : —

‘s’:s’’ s’:

~‘ :ake into cons iderati on such

failure to pay dri’inn: ~r’ ssr’Ht “ovien orocoss uson yoLir application

for a new permit on f:’ .‘r’.or5 H ‘i e’HstHg remit. Furthermore, if

payment is not race~ra: or” .e. tb~TH~.te~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

ci vil

penalty.

and heani rs

costs of

the 111 noi

s

Envi ronmental Protection

Agency and the Illinoi~ Pollution Control Eoara. if any; the Attorney

General ~s Office

W~1iseer so ‘e:o’:e’ tneir casts of

litigation.

HC1C2HE FC?~CChTE3TI:~G THIS

r::’H::”PHTI.E

CITAT1OB

You have the right to con cast this Adni ni strati ic Ci tation. See

Public Act 84-1320 ~Ii.

Re1. atac. 9a6 aupp., ch. lii 1/2, par. lOal.l).

If you elect to contest this ~~rmninistrative Ci tation, you must File a

Petition for Review vntn

tne

Cl err or the Illinors Pollution Control

Board. A copy of the Pesis’.cn nor 2evsew should be filed with the

Illinois Environmental Protecolon Agency. Such Petit~on 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

wit~i

the Illinois Environmental

85—276

---

Protecti en Agency a: TI’ ‘I ‘

r’

‘sn H

P. 0.

Cc: 19276, Spri ngFi ci d,

Illinois 62794—9273. ‘::noH .s:: : Cod: ‘osmenc Services.

I

,‘

,‘7

I

.~—

,

—

-

“~‘“

“U

~

~—~q i/~t

-

- ~.‘:

.,

tc’ison, Director

.“~‘

E~vidonment.al Protection A~ency

Date: December 10, 1987