ILLINOIS

POLLUTION CONTROL BOARD

January

8,

1987

IN THE MATTER OF:

EVERETT ALLEN, d/b/a ALLEN

)

AC 86—1

WASTE MANAGEMENT

)

(IEPA Docket No.

8144—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 Everett Allen on November

25,

1986.

The Agency alleges that Everett Allen has violated

Sections

2l(p)(5)

,

21(p) (7), and 21(p) (10) of

the Act.

The

statutory penalty established for each

of these violations

is

$500.00 pursuant

to Section 42(b)(4) of the Act.

Everett Allen 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.l(d)(l),

the Board

finds that Everett Allen has

violated each ~nd every provision alleged

in

the Administrative

Citation.

Since

there

are three

(3) such violations,

the

total

penalty

to

be

imposed

is

set at

$1,500.00.

It

is hereby ordered that,

unless

the penalty has already

been paid, within

30 days

of the date of this Order

Everett Allen

shall,

by certified check

or money order payable

to the State of

Illinois

arid

designated

for

deposit

into

the

Environmental

Protection

Trust

Fund, pay

a penalty

in the amount of $1,500.00

which

is

to

be

sent to:

Illinois Environmental Protection Agency

Fiscal

Services Division

2200 Churchill Road

Springfield,

IL 62706

IT

IS SO ORDERED.

74-438

---

—2—

I,

Dorothy

N.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that

(t\he above Crder was adopted on

the

______________

day of

~

,

1987

by

a vote

of

.

L

~

.~

~

Dorothy M.’Gunn,

Clerk

Illinois Pollution Control

Board

74-439

---

r

ILLINOIS

E~VIRONME~TAL

PROTECTION

AGENCY

ADMINISTRATIVE CITATION

I

f

IN THE MATTER

OF:

EVERETT ALLEN, d/b/a Allen

)

Waste Management,

)

IEPA DOCKET NO. 8144-AC

Respondent.

)

JURISDI

CTION

This Administrative Citation

is

issued pursuant

to the authority

vested

in the

Illinois Environmental

Protection Agency

by

Public Act

84-1320 (111.

Rev.

Stat.

1986, Supp.,

Ch.

111

1/2,

Par. 1031.1).

F

r’L

1.

That Respondent

is the present operator of a facility located

in

the

County of Jackson, State of Illinois.

2.

That said facility

is operated as

a sanitary

landfill, operating

under Illinois Environmenta~ Protection Agency Operating Permit No.

1975-71—OP, and designated witn Site Code

No.

0770200001.

Said facility

is

commonly kno~:nto the A;ency

as DeSoto/Allen

No.

1.

3.

That Respondent has operated said facility at all

times pertinert

hereto.

4.

That,

on October

1,

1986, 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.

VIOLATIONS

On tne basis

cf direct observation of Gerald

E.

Steele, the Illinois

Environmental

Protectior, A;ercv has determ.inec that Respondent was

74-440

---

conducting

a sanitary landfill operation at the above-described facility,

which

is required

to have a permit pursuant to

Ill.

Rev.

Stat. 1985,

ch.

111

1/2, par.

1021(d), in

a manner which resulted in the following

conditions:

A.

On October 1, 1986, operated said landfill

facility while un-

covered refuse remained from

a previous operating day in violation of

Ill.

Rev.

Stat.

1986, Supp.,

ch.

111 1/2,

par. 1021(p)(5).

B.

On October

1

,

1986, accepted “special waste” without the

necessary supplemental

waste stream permit required prior to lawful

acceptance of such waste for disposal,

in violation of

Ill.

Rev.

Stat.

1986 Supp.,

ch.

111

1/2, par.

lO2l(p)(7).

C.

On October

1

,

1986, accepted

“special waste”

for disposal without

the required special waste manifest having accompanied said waste,

in

violation o~Ill.

Rev.

Stat.

1986 Supp.,

oh.

ill

1/2, par. 102l(p)(lO).

CIVIL PENALTY

Pursuant to Public Act 84-1320 (Ill.

Rev. Stat.

1986 Supp.,

ch.

ill

1/2,

par.

1042(b)(4), Respondent herein

is subject to

a civil

penalty

of Five Hundred Dollars

(5500.00)

for each violation specified above

in

Paragraphs

A through

C,

for a total

of Fifteen Hundred

Dollars

(Sl ,500.0O).

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

for each findirc of violation.

-2-

74-441

---

If you acknowledge the violations cited hereinabove, or if you do

not petition

the Illinois Pollution Control Board

for review of this

Administrative Citation within thirty-five

(35) days of service, the civil

penalty specified hereinabove shall

be due and payable

no later than

January

7, 1987.

Your check should be made payable to the Illinois Environment

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 re-

turn the enclosed Remittance Form, along with your payment,

to assure

proper documentation of payment.

If you elect to contest this Administra-

tive Citation, any judgment rendered against you shall

specify the due

date of

the statutory civil

penalty and costs assessed against you.

If any

civil

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

procTeedings

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.

ill

1/2, 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

-3-

74-442

---

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 Street, 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.

Richarc

J.

Carjs

n, Director

Illinois

Envi

ental Protection Agency

Date:

74.443

---

r

P

r

-•

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

~Y\

N.’

2 ~

AFFIDAVIT

L

~

IN THE MATTER OF:

)

)

IEPA DOCKET NO. 8144-AC

EVERETT ALLEN, d/b/a Allen

Waste Management,

Respondent.

)

Affiant, Gary Steele, being first duly sworn,

voluntarily deposes

and states

as follows:

1.

Affiant

is

a field inspector employed

by the Land Pollution

Control

Division of the Illinois Environmental

Protection Agency and has

been so employed at all times pertinent hereto.

2.

On October

1,

1986,

between 8:05 a.m. and

10:20 a.m., Affiant

conducted an inspection of the sanitary landfill

in Jackson County, Illinois,

known

as DeSoto/Allen

No.

1,

Illinois Environmental Protection Agency Site

No. 0700200001, operating under IEPA Permit No.

1975-71-OP.

Along with

inspecting the subject sanitary landfill, Affiant also inspected the

sanitary landfill

known

as DeSoto/Allen No.

2, which

is not further

referred to

in this Affidavit.

3.

Affiant inspected said DeSoto/Allen No.

1

site by an on-site

inspection which included walking the site and interviewing personnel.

4.

Before and after said inspection of DeSoto/Allen No.

1, Affiarit

reviewed

Illinois Environmental Protection Agency

permits issued to the

subject site.

5.

As

a result of the activites

referred to

in Paragraphs

3 and

4 above, Affiant completed the Inspection Report form attached hereto

74.444

---

and made a part hereof, which,

to the best of Affiant’s knowledge and

belief,

is

an accurate representation of Affiant’s observations and

factual

conclusions with respect

to DeSoto/Allen No.

1.

Subscribed and Sworn To

before me

this /~“~‘day

of77c

~..6.L.t),

1986.

Notary Pub ic

74-445

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

REMITTANCE FORM

IN THE MATTER OF:

EVERETT ALLEN,

d/b/a

)

Allen Waste Management,

)

)

IEPA DOCKET NO. 8144-AC

Respondent.

)

FACILITY:

DeSoto/Allen No.

1

SITE CODE NO:

0770200001

COUNTY:

Jackson

CIVIL PENALTY:

$1,500.00

DATE OF

INSPECTION:

October

1, 1986

DATE REMITTED: ________________________

SIGNATURE: ______________________________

NOTE

Please enter the

date of your remittance and sign this Remittance Form.

Be sure your check

is enclosed and mail,

along with Remittance Form,

to

Illinois Environmental Protection Agency, Attention:

Fiscal Services,

22O~Churchill Road, P.O. Box

19276, Springfield, Illinois 62794-9276.