ILLINCLS POLLUTION
COi~TROL
BOARD
July
16, 1987
IN THE MATTER OF:
)
FITZ-MAR LANDFILL,
INC.
)
AC 87-46
)
(IEPA Docket No.
8382-AC)
Respondent.
ORDER OF THE BOARD:
Ttiis matter
comes before
the Board upon
a May 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 Fitz—Mar Landfill on May
13,
l9o7.
The Agency alleges that Fitz—Mar Landfill
has violated
Section 21(p)(5) of the Act.
The statutory penalty established
for tnis violation
is
$500.00 pursuant
to Section 42(b)(4)
of the
Act.
Fitz-Mar Landfill, has not tiled
a Petition
for Review with
the Clerk
of the Board within 35 days of the date of service as
allowed by Section 3?.1(d)(2)
of the Act.
Therefore, pursuant
to
Section 3l.l(d)(l),
the Board
finds that Fitz—Mar
Landfill has
violated the provision alleyed
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
Funo, 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.
79-167
—2—
I, Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that t~h~
~bove Order was adopted on
tne
_______________
day of
‘—~,
,
1987 by a vote
of
__________.
~/
/
Dorothy M. t~unn, Clerk
Illinois Pollution Control Board
79-168
It~\I
NAY
141987
1LLL~OIS ENVIRON~1ENTAL PRDTECTIC~AGEt~C
~
I
I
STATE
Of
IWNOtS
ADMINISTRATIVE
CITATION
t
~ILUflONcOHTROL.BOARD
IN
THE
MATTER
OF:
FTZ—MAR LANDFILL,
INC.
)
IE?~ADOCKET
NO. 8382-AC
Resoondent.
)
JURISDICTION
This
Atminis~rative
Citation
is
issued pursuant
to the authority
vested
in the Illinois Environmental
Protection Acency
by Public Act
8~—i32O(Ill.
Rev.
Stat.
l9E~,Suoc.,
ch. lll~,oar.
1031.1).
FACTS
1.
That
Respondent,
an
Illinois Corporation, is the present
operator
of
a
facility boated
in the County of Cook, State of Illinois.
2.
That said facility
is operated
as
a
sanitary landfill, operating
under
.llinois Environmental
Protection Agency Operating Permit
No.
l981—47-OP, 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
March 2~,1987,
Gino
Bruni
,
of the
Illinois
Environmental
Protection Acency, inspected the aoove—described landfill
facility.
A copy of tht inspection
report setting forth the results
of such inspection
is
attache
d
hereto
and
made
a part hereof.
79-169
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 March
24,
1987, operated said sanitary landfill facility
with
uncovered
refuse remaining from
a previous operating day,
in viola-
tion of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
1021(p)(5).
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 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.
If you acknowledge
the violations cited hereinabove, the
civil
penalty specified above
shall
be due and payable no later than June
20,
1987.
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 ano any costs assessed against you.
2
79-170
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,
be 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 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).
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
3
79-171
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.
•
/
/
—
‘•.••.
Richard J..Carison, Director
Il1inoi~Environmental Protection Agency
DATE:
May 11,
1987
4
79- 172