ILLINOIS POLLUTION CONTROL BOARD

October

29,

1987

IN

THE

MATTER

OF:

D

& L DISPOSAL,

INC.

)

AC 87—101

(IEPA Docket No. 8578—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon

a September

16,

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 D

&

L Disposal on September

14,

1987.

The Agency alleges

that D

&

L Disposal has violated

Section 2l(p)(5)

of the Act.

The statutory penalty established

for this violation

is $500.00 pursuant

to Section 42(b)(4) of the

Act.

D

& L Disposal 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 D

&

L Disposal has

violated

the provision alleged

in

the Administrative Citation.

Since there

is one

(I)

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 D

& L

Disposal

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.

82—567

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D anc

L

DISPOSAL,

I~.

)

IEPi-~ DOLKET ~0.8573—AL

an

Illinois

Corporation,

Respondent.

JURISP1CTIDN

This

Administrative

Citation

is

issued

pursuant to the authority

vested

in the

Illinois Environmental

Protection Agency by Public Act

34-1320

(Ill.

Rev.

Stat.

1986,

Supp.,

ch. lll~,

par.

1031.1).

FACTS

1.

That Respondent,

D and

L Disposal,

Inc.,

is

the present operator

of

a

facility located

in

the

County of

Bond, State of Illinois.

2.

That said facility

is operated

as

a

sanitary landfill,

operating

under :llinois Environmental

Protection

Agency

Operating Permit ~o.

1974-34-0?, and designatec ~iith

Site Code

No.

0050050001.

Said

facility

is commonly kno~~n

to the Agency as Greenville/Mc Cray L.F.

3.

That Respondent has operated said facility

at

all

tines pertinent

hereto.

4.

That

on July 21,

1987,

Randy Ballard, of the Illinois Environment

Proteccion A~eacv,inspected

the

anove—described landfill

facility.

A

copy

of

the

inspection

report

setting

forth

the

results

of

such

inspectio

is attached

hereto

and

made

a

rart

hereof.

82—569

---

f-revie~i

of

this

;

iuistr~tivt

Cit:ticr

,iithin

thirty-five

(35)

days

of

service

icreof

or

it

~

si us:

to

contest

this

Adnin~s:rative

Citation,

an’

~ud~:.~~nt

rondorso

o-’sin:

~ou

shall

speci

fv

the

due

date

of

the

statutory

C1V~i

penalty

and

nni

costs

assessed

against

you.

Uhen

psvment

is

made,

your

she:

H.

should

be

made

paydble

to

the

III inoi s

Envi ronmuntal

Prot~oti

on

Trust

fund

aria

ma~led to

the

CtCflti

On

of Fiscal

5ervices,

Illinois Environmental

Protection Agency,

2200

Churchill

Road,

P.O.

Box 19276,

Springfield,

Illinois 62794-9275.

Also,

please complete and

return the enclosed Remittance

Form,

along

~:ith

your

payment,

to

assure

proper

documentation

of

payment.

If

any

civil

penalty,

be

reason

of

acknoilecoment,

default

or

finding

after

acjudicatory

hearin~, is

not

paid

when

cue;

the

Illinois

Environmental Protection Agency shall

take into consideration such

failure

to

pay during any permit revie~iprocess

upon

your application

for

a

new

oernit

or

for

rene~iai oF an existing permit.

Furthermore,

if payment

is not received ~ihendue,

the

Offices

of

tile

Illinois

Attorney

General

shall

he

requested

to

initiate

proceedings

in

Circuit

Court

to

collect said

civil

penalty.

In

addition

to

the

previously

assessed

civil

penalty,

and

hearing

costs

o~ the

illino~s tnvi ronmental

Pro section

Agency

and

the

Illinois

Pollution

Control

Board,

if

any;

the

Attorney

Generals

Office

will

seek

to

recover

tneir

costs

of

litigation.

?EOCEDiJRE

F0~COHTESTING

ThIS

tDI11OISTP;\Ti1S

CiTATI0~I

You

nave

the

rigot

to

contest

this

Administrative Citation.

~

Publ

c

Act

o~-

i

~

(i

1.

dcv.

Stat.

OPe

Supp.

,

ch.

ill

~,

par,

1031 .1).

If

you

elect

~c contest

th~s

Administrative

Citation,

you

oust

file

fl

82—571