1. 74-449
      2. 74-450
      3. 74-452
      4. SIGNATURE: ______________________________
      5. 74-453
ILLINOIS POLLUTION CONTRCL BOARD
January
8, 1987
IN T!~EMATTER OF:
MACON COUNTY LANDFILL CORP.
)
AC 86-2
(IEPA Docket No.
8148—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 the Macon County Landfill
Corp.
on November
25,
1986.
The Agency alleges that
the Macon
County
Landfill Corp.
has violated Sections 21(p)(5), 2l(p)(l2),
and
21(p)(3)
of
the Act.
The statutory penalty established
for
each of these violations
is
$500.00 pursuant
to Section 42(b)(4)
of the Act.
The Macon County Landfill Corp.
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
31.1(d) (1),
the Board
finds that The Macon
County Landfill Corp. has violated each and 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
The Macon
County Landfill
Corp. 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 $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.
74-447
—2—
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board,
h~-çeby certify
that
the
above
Order
was
adopted
on
the
_______________
day
of-~-~
,
1987
by
a
vote
of
________________.
/
/j
4).
Dorothy
N.
1~unn, Clerk
Illinois
Pollution
Control
Board
74-448
•
—
~
r
_____________________
I
r•.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ADN~1NISTRATIVECITATION
~
IN THE MATTER OF:
)
MACON COUNTY
LANDFILL
)
CORPOPJ~TION,
a
foreign
)
Corporation
Licensed To
Do
)
Business
in
Illinois,
)
IEPA DOCKET
NO. 8148—AC
Respondent.
)
JURIS0 ICTI
ON
This Administrative Citation is issued pursuant to the authority
vested
in
the
Illinois
Environmental
Protection Agency
by Public Act
84-1320
(111.
Rev.
Stat. l98~,Supp.,
ch.
111
1/2, par.
1031.1).
FACTS
1.
That Respondent,
a
foreign corporation doing business
in
Illinois,
is
the present operator of
a
facility located in
the County
of Macon, State of
Illinois.
2.
That said facility
is operated as
a sanitary landfill, operating
under Illinois Environmental
Protection Agency Operating Permit
No.
1976-4-OP.
and designated with Site Code No. 1158040008.
Said facility
is comonly known
to the Agency as Decatur/Macon County Landfill
No.
2.
3.
That Respondent has operated said facility at all
times pertinent
heret.o.
4.
That,
on October 7, 198?, Richard Johnson of the Illinois
Environmental Protection Agency inspected the above—described
landfill
facility.
A
copy of the inspection report setting
forth the results
of
such inspectior:
is attached hereto and made
a part hereof.
74-449
VIOLATIONS
On
the basis
of direct observation of Richard Johnson, 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.
111
1/2, par. 1021(d),
in
a manner which resulted
in the following
conditions:
A.
On October 7,
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.
1021(p)(5).
B.
On October 7,
1986,
operated said landfill
facility while
having failed
to collect and contain litter at
the end of
a
previous
operating day,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2,
par. 1O21(p)(12).
C.
On October
7,
1986,
operated said sanitary landfill
facility
in
a manner which
resulted in leachate flows exiting the permitted landfill
confines,
in
violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2,
par.
1021(p)(3).
CIV1L
PENALTY
Pursuant
to Public Act 84-1320 (Ill.
Rev. Stat.
1986 Supp.,
ch.
111
1/2,
par. lO42(b)(4), Respondent herein
is subject to
a
civil
penalty
of Five Hundred Dollars
(S500.OO) for each violation specified above
in
Paragraphs
A through
C,
for
a total
of Fifteen Hundred Dollars
($1,500.03).
Additionally, should you elect
to petition the Illinois Pollution Control
Board under the review
process described hereinbelow, and if there
is
a
—2-
74-450
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 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
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
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 ddcumentation 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 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
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
Boarc~, if any; the Attorney General’s Office will
seek to recover
their costs
of litigatior..
—3-
74-451
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.
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 Street, Suite il-BOO, 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.
Date:
Illinois
Enviro’
Protection Agency
74-452
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
IN THE
MATTER OF:
)
)
MACON
COUNTY
LANDFiLL
CORPORATION,
a
Foreign
Corporation Licensed to
do
Business
in
Illinois,
)
IEPA DOCKET NO. 8148—AC
Respondent.
)
FACILITY:
Macon
County
Landfill
SITE
CODE
NO:
1158040008
Corporation
COUNTY:
Macor
CIVIL PENALTY:
$1,500.00
DATE OF
INSPECTION:
October 7,
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,
2200 Churchill
Road, P.O.
Box 19276, Springfield,
Illinois 62794-9276.
74-453
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ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
_____
L
~
~
AFFIDAVIT
IN THE MATTER OF
MACON COUNTY LANDFILL
)
6~I~.
~-
CORPORATION,
a foreign
)
IEPA DOCKET NO. 8148-AC
Corporation Licended To
Do)
Business
in
Illinois,
Respondent.
)
Affiant, Richard C.
Johnson, 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 7, 1986,
between 6:55 a.m. and 11:15 a.m., Affiant
conducted an inspection of the sanitary landfill
in Macon
County,
Illinois,
known as Decatur/Macon County Landfill
No.
2,
Illinois Environmental
Protection Agency Site No. 1158040008, operating under IEPA Permit
No.
1976-4-OP.
3.
Affiant inspected said Decatur/Macon County
Landfill
No.
2
site by an on-site inspection which
included walking the site and inter-
viewing personnel.
4.
Before and after said inspection of said landfill site, Affiant
reviewed Illinois Environmental Protection Agency permits issued to the
subject site and investigated into whether or not required documents
were timely filed on behalf of the subject site.
5.
As
a
result of the activities
referred to
in
Paragraphs
3 and
4 above, Affiant cor~etedthe Inspection Report form attached hereto
74-454
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 Decatur/Macon County Landfill
No.
2.
Subscribed and Sworn
To before me
this/g~” day of~b
j.,,~,’,1986.
Notary $~1ic
74-455

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