ILLINOIS POLLUTION CONTROL BOARD

July 16,

1987

IN THE MATTER OF:

FITZ—MAR LANDFILL,

INC.

)

AC 87-27

)

(IEPA Docket No.

8306—AC)

Respondent.

ORDER OF THE BOARD:

This matter

comes before

the Board upon

a March 30,

1987

filing of an Administrative Citation pursuant

to Section 31.1 of

tl-ie 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 Fitz—Mar Landfill on March

30,

1987.

The Agency alleges that Fitz—Mar

Landfill has violated

Section 21(p)(5)

of the Act.

The statutory penalty established

for this violation

is

$500.00

pursuant

to Section 42(b)(4)

of

the

Act.

Fitz—Mar 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.l(d)(2)

of the Act.

Therefore, pursuant

to

Section 31.1(d)(l),

the Board

finds that Fitz—Mar Landfill has

violated the provision alleged

in the Administrative Citation.

Since

there

is one

(1) such violation,

the total penalty to be

imposed

is set

at $500.00.

It

is hereby ordered

that,

unless the penalty has already

been paid, within

30 days of the date of this Order Fitz—Mar

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 $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.

79-156

---

—2—

I, Dorothy

H.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that t~ above Order was adopted on

the

/~~-

day

of

V2A4

,

1987 by

a vote

of

C~—~()

.

if

/

//~

Dorothy M.

G.ánn, Clerk

Illinois Pollution Control Board

79.157

---

t~t

~,

~

W~

3O~9S~lj~

ILL:~oIs

ENVIR0N~ENTAL PROTECTION

AGENCY

POU.UTION COP~TRQLB3~RL._

ADMINISTRATIVE

CITATION

IN

THE

MATTER

OF:

)

FITZ—M~.R LANDFILL,

INC.

)

IEPA DOCKET

NO. 8306-AC

Respondent.

)

JURISDICTION

This

Administrative

Citation is issued

pursuant

to the authority

vested

in

the

flhinois Environmental Protection Agency by

Public Act

84-1320

(111.

Rev.

Stat.

1986,

Supp.,

ch.

11l~-,par.

1031.1).

FACTS

1.

The: Respondent,

an

Illinois Corporation,

is the present

operator of

a

facility

located

in the County of Cook,

State o~Illinois.

2.

That said facility

is operated

as

a

sanitary landfill, operating

under Illinois Environmental

Protection Agency Operating Permit No.

1981—47—0?, and designated with Site Code No. 0310450011.

Said facility

is commonly known to the Agency

as Fitz—Mar Landfill.

3.

That Respondent

has operated said facility at all times pertinent

hereto.

4.

That on February

4,

1987, Gino Bruni, 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.

79.158

---

VIOLATIONS

On the basis of direct observation of Gino Bruni, 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 February 4,

1987 operated said landfill

facility with

uncovered refuse

remaining from

a previous operating day,

in violation

of

ill.

Rev.

Stat.

1986 Supp.,

ch.

111½,

par.

1021 (p) (5).

CIVIL PENALTY

Pursuant

to

Pubi~c

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 the violation specified above

in

Paragraph A.

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.

79-159

---

If you acknowledge the violation cited hereinabove,

the civil

penalty specified above

shall

be due and payable

no later than May

8,

1987.

If you do

riot 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

Generals Office will

seek

to recover their costs of litigation.

79-160

---

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

co:y

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.

~L~J

Richard

J.

C~’r,Xson,Directo~”

Illinois En~U’fonmentalProtection Agency

Date:

March

26,

1987

4