ILLINOIS POLLUTION CONTROL BOARD
April 30, 1987
IN THE MATTER OF:
)
JACKSON COUNTY LANDFILL
)
AC 87—23
)
(IEPA Docket No, 8296—AC)
Respondent~
ORDER OF THE BOARD:
This matter comes before the Board upon
a March 20,
1987
filing of an Administrative Citation pursuant to Section 3Ll
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 the Jackson County Landfill
on March 19, l987~ The Agency alleges that the Jackson County
Landfill has violated Sections 21(p)(5)
and 2l(p)(6)
of the
Act~ The statutory penalty established for each of these
violations
is $500~00pursuant to Section 42(b)(4)
of the Act~
The Jackson 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.l(d)(2)
of the
Act,.
Therefore,
pursuant to Section 3l,.l(d)(1),
the Board finds that the Jackson
County Landfill ~hasviolated each and every provision alleged
in
the Administrative Citation.
Since
there are two
(2)
such
violations, the total penalty
to be imposed
is set at
$l,000,.00,.
It
is hereby ordered that, unless the penalty has already
been paid,
within
30
days of the date of this Order
the Jackson
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 $l,00O.~00which is to be sent to:
Illinois Environmental Protection Agency
Fiscal
Services Division
2200 Churchill Road
Springfield, IL 62706
IT
IS SO ORDERED,.
77-303
—2—
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~c~-
day of
,
1987 by a vote of
~
£~4
)~27.
Dorothy M, c~unn,Clerk
Illinois Pollution Control Board
77-304
‘~:-~
p~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
2 0
~
ADMINISTRATIVE CITATION
1
~
IN THE MATTER
OF:
)
JACKSON COUNTY LANDFILL,
INC.,
)
IEPA DOCKET NO. 8296-AC
an
Illinois corporation,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant to
the authority
vested
in the Illinois Environmental Protection Agency by Public Act
84—1320
(Ill.
Rev.
Stat.
1986,
Supp., ch.
111½, par. 1031.1).
FACTS
1.
That Respondent, Jackson County Landfill,
Inc.,
is
the present
operator of
a facility located
in the County of Marion, State of Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under
Illinois Environmental
Protection Agency Operating Permit No.
1975-37-OP,
and designated with Site Code No.
1218070006.
Said facility
is commonly known
to the Agency
as Centralia/Prior
L.F.
3.
That Respondent has operated said facility at
all
times pertinent
hereto.
4.
That on January 23,
1987,
Gerald
E. Steele, 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.
77-305
VIOLATIONS
On the basis of direct observation of Gerald E.
Steele,
the Illinois
Environmental
Protection Age~ncyhas 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 January 23,
1987, inspection of said landfill facility
revealed uncovered refuse
remaining from
a previous operating day,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
102l(p)(5).
B.
On January 23, 1987,
inspection of said landfill facility
revealed Respondent’s failure to provide final
cover within time limits
established
by
Illinois Pollution Control
Board Regulations,
in violation
of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½,
par.
l021(p)(6).
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 each violation specified above
in Paragraphs A and
B,
for
a
total
of One Thousand ($1,000.00) Dollars.
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
2
77-306
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, the civil
penalty specified above shall be due and payable no later than April
30,
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 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
3
77.307
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.
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 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.
Carlson, Director
7’
-
Illinois Environmental
Protection Agency
Date:
March
17,
1987
4
77-308