ILLINOIS POLLUTION CONTROL BOARD
January
8, 1987
IN THE MATTER OF:
UPPER
ROCK
ISLAND
LANDFILL
)
AC 86—4
(IEPA Docket No. 8145—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 Upper
Rock Island
Landfill
on November
25,
1986.
The Agency alleges that the Upper
Rock Island Landfill has violated Sections 2l(p)(5),
21(p) (12),
21(p)(l), and
21(p) (11)
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 Upper
Rock Island 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 31.l(d)(l),
the Board
finds that the Upper
Rock Island Landfill 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 penalty has already
been paid,
within 30 days of the date of this Order the Upper
Rock Island 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 $2,000.00 which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
74-465
—2--
I,
Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board,
heç;eby certify that,~theabove Order was adopted on
the
_______________
day of
\-,-~c~~
,
1987 by a vote
of
______
/j
Dorothy
M. G~nn,Clerk
Illinois Pollution Control Board
74-466
~r’
L
.....~.
L
k~.
~
t~.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ~
ADMINISTRATIVE
CITATION
IN THE MATTER OF:
)
UPPER
ROCK
ISLAND
C0J~TY
LANDFILL,
an
Illinois
)
,~
corporation,
)
IEPA DOCKET
NO. 8145-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. 19E~,Supp.,
Ch.
111
1/2,
Par.
1031.1).
FACTS
1.
That Responcent,
an
Illinois corporation,
is the present operator
of
a
facility located
in the County o~Rock Island, State of Illinois.
2.
That said facility
is operated
as
a sanitary landfill, operating
under
Illinois Environmental
Protection Agency Operating Permit
No.
1981—9-OP and designated witr Site Code
No.
1618100014.
Said
facility
is
commonly
kno,~,’n to
the
Agency
as
East
Moline/Upper
Rock
Island
County
Landfill
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent
hereto.
4.
That,
on
October
2,
1986,
James
J.
Jones
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 nereto and
made
a
part
hereof.
74-467
VIOLATIONS
On
the basis of
direct
observation of James
J.
Jones, 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
2, 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.
lO2l(p)(5).
B.
Or October
2, 1935,
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.
1021(p)(12).
C.
On October 2,
1936, operated said landfill
facility with refuse
in standing water,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
Ch.
111
1/2,
Par. l021(p)(l).
D.
On October
2, 1986,
operated said landfill facility while having
failed
to
prepare
a Closure Plan,
as
required by 35
Ill. Adm.
Code,
Section 807.503, and having failed
to prepare
a Post-Closure Care Plan
as required by
35
Ill.
Adm. Code, Section 807.523,
all
in violation of
Ill.
Rev.
Stat.
1985 Supp.,
Ch.
Ill
1/2, Par.
lO2l(p)(ll).
CIVIL PE~LTY
Pursuant to
Public
Act
84-1320
(Ill.
Rev.
Stat.
1986 Supp.,
Ch.
lii
1/2, Pa~.1042(o)(4), Respondent herein
is subject to
a civil
penalty
74-468
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
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 by January
7,
1987.
Your check should be made payable to
the Illinois Environmental Protection
Trust Fund and Nlailed
to the attention of Fiscal
Services, Illinois
Environmental
Protection Agency,
2200 Churchill
Road,
P.
0.
Box
19276,
Springfielc,
Illinois 62794-9275.
Also,
please complete and return the
enclosed
Remittance
Form,
along
with
your
payment, to
assuce
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 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
-
74-469
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~sOffice 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
Revie~.’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.
Tne Petition for Review may be filed with the
Clerk of the
Illinois Pollution
Control Board at the State of Illinois
Center, 103 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 2203 Churchill
Road,
P.
0.
Box 19276,
Springfield,
Illinois 62794—9276, Attention:
Enforcement Services.
Richard
J. Carl~n),Director
Illinois Enviro.~enta1Protection
Date:
74-470
r
r~.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
...J
L
REMITTANCE FORM
IN THE MATTER OF:
)
UPPER ROCK ISLAND COUNTY
LANDFILL, an
Illinois
)
~
a’
corporation,
)
IEPA DOCKET NO. 8145-AC
)
Respondent.
)
FACILITY:
Upper Rock Island County
SITE CODE NO:
1618100014
Landfill
COUNTY:
Rock
Island
CIVIL
PENALTY:
$2,000.00
DATE OF
INSPECTION:
October
2,
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.
74.471
?
r~ r
r
~
-
-,
~—
-
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1,._._
~
AFFIDAVIT
—
IN THE MATTER OF:
)
UPPER
ROCK
ISLAND
COUNTY
)
IEPA DOCKET NO. 8145-AC
LANDFILL, an Illinois
)
corporation,
)
Respondent.
Affiant,
James
J.
Jones,
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
2,
1986,
between
6:33
a.m.
and
11:55
a.m.
,
Affiant
conducted an inspection of the sanitary
landfill in Rock Island
County,
Illinois, known
as
East Moline/Upper Rock Island
County Landfill,
Illinois
Environmental Protection Agency Site No. 1618100014, operating under IEPA
Permit
No. 1981—9-OP.
3.
Affiant inspected said East Moline/Upper Rock Island County
Landfill
site by an on-site inspection which included walking the site,
interviewing personnel and reviewing site records.
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
0-i the activities
referred to
in Paragraphs
3 and
4 above,
Affiant completed the
Inspection Report form attached hereto
74-472
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 East Moline/Upper Rock Island County Landfill.
I
~
Subscribed and Sworn
T2t before
me this
/7
~day of,4~.~I’-~”
1986.
Q4J
Notary Public
74-473