ILLINOIS POLLUTION CCNTRCL BOARD
January 22,
1987
IN THE MATTER OF:
~J& R LANDFILL,
INC.
)
AC 86—12
(IEPA Docket No. 8152—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon a(n) December
8,
1986 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 J
& R Landfill,
Inc.
on
December
4,
1986.
The Agency alleges that
J
&
P Landfill,
Inc.
has violated Sections
21(p) (5),
21(p) (12),
21(p) (1)
and 2l(p)(9)
of
the Act.
The statutory penalty established for each of these
violations
is $500.00 pursuant
to Section 42(b)(4) of the Act.
J
& P Landfill,
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 3l.l(d)(2)
of the Act.
Therefore, pursuant
to Section 31.1(d)(1),
the Board
finds that J
&
P Landfill,
Inc.
has violated each and every provision alleged
in
the
Administrative Citation.
Since there
are four
(4)
such
violations,
the total penalty to be imposed
is set at
$2,000. 00.
It
is hereby ordered
that, unless the ~ena1ty has already
been paid, within 30 days of the date of this Order
J
&
P
Landfill,
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 $2,000.00 which
is
to be
sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS
SC ORDERED.
75.93
—2—
I,
Dorothy M.
Gunn,
Clerk of
the Illinois Pollution Control
Board,
hereby certify that~theabove Order was adopted on
the
_______________
day of
~
,
1987 by
a vote
of
-
.
1
_~i~
~
_~)
Dorothy
M.
G.~nn, Clerk
Illinois Pollution Control Board
75.94
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ADMINISTRATIVE
CITATION
IN THE MATTER OF:
)
)
J. and IL
LANDFILL,
INC.,
)
an Illinois corporation,
)
IEPA DOCKET NO. 8152-AC
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.
111
1/2, par. 1031.1).
FACTS
1.
That Respondent, an Illinois corporation,
is the present operator
of
a facility located
in the
County of St.
Clair, State of
Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit
No.
1975-50-OP,
and designated with Site Code No. 1630100002.
Said facility
is commonly known
to the Agency
as Belleville/J. and
R.
Landfill.
3.
That Respondent has operated said facility at all
times pertinent
hereto.
4.
That, on October 15 and 16, 1986,
Kenneth Mensing of the Illinois
Environmental
Protection Agency inspected the above—described landfill
facility.
A copy of the inspection reports setting forth the results of
such inspections are attached hereto and made
a
part hereof.
VIOLATIONS
On the
basis of direct observation of Kenneth Mensing, the Illinois
Environmental
Protection Agency has determined that Respondent was
~2e~
~
75.95
conducting
a sanitary landfill operation at the above—described facility,
which
is required to have a permit pursuant to
Ill.
Rev. Stat.
1985, ch.
lii
1/2, par. 1021(d),
in
a manner which
resulted
in the following
conditions:
A.
On October 15th and 16th, 1986, operated said landfill facility
while uncovered refuse remained from a previous operating day in violation
of
Ill.
Rev. Stat.
1986 Supp.,
ch.
111
1/2, par. l021(p)(5).
B.
On October 15th and 16th, 1986, operated said landfill facility
while having failed to collect and contain litter at the end of a pre-
vious operating day, in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2, par.
102l(p)(l2).
C.
On October 15th and 16th,
1986, operated said landfill
facility
with refuse
in standing water,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2, par. 102l(p)(l).
D.
On October 15th and 16th, 1986. operated said landfill facility
with refuse deposited in an unpermitted portion of said landfill,
in
violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111 1/2, par. l021(p)(9).
CIVIL PENALTY
Pursuant
to
Public Act 84-1320 (Ill.
Rev.
Stat.
1986 Supp., ch.
111 1/2,
par. l042(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
D,
for
a total
of Two Thousand Dollars ($2,000.00).
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
-2-
75-96
Illinois
Environmental Protection 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, or if you do not
petition the
Illinois Pollution
Control Board for review of this Administra-
tive Citation within thirty-five
(35)
days of service, the civil penalty
specified hereinabove shall
be due and payable no later than January 12,
1987.
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.
0. 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 you elect to contest this Administrative
Citation, any judgment rendered against you shall
specify the due date of
the statutory
civil
penalty and costs
assessed against you.
If any civi’I
penalty,
by
reason of acknowledgment, default or finding
after adjudicatory hearing,
is
not paid when due; then 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.
See
Public Act 84-1320
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2, par.
-3—
75.97
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 copy of said Petition for Review filed with the Illinois Environ-
mental
Protection Agency at 2200 Churchill
Road,
P.
0.
Box 19276,
Springfield,
Illinois 62794—9276, Attention:
Enforcement Services.
~
.~LL~(cJ~~
‘Richard
J.
Carlson, Director
Illinois Envi~en~nentalProtection Agency
Date:
December 3,
1986
75.98