ILLINOIS POLLUTION CONTRCL BOARD
January
8,
1987
IN THE MATTER OF:
H
&
L DISPOSAL
)
AC
86—5
)
(IEPA Docket No.
8147—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
H
&
L Disposal on November
26,
1986.
The Agency alleges that
H
&
L Disposal has violated
Sections 2l(p)(5),
21(p)(l2), 2l(p)(2), 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.
H
& L Disposal
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
31.1(d) (2) of the Act.
Therefore,
pursuant to
Section 31.1(d) (1),
the Board
finds
that
H
&
L Disposal 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
H
&
L
Disposal shall, by certified check or money order payable
to the
State
of Illinois and designated
for deposit into
the
Environirental 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.
74-474
—2—
I,
Dorothy
M.
Gunn, Clerk of the Illinois Pollution Coi~trol
Board, her,~b~y~
certify that ~he above Order was adopted on
the
_______________
day of
_____________,
1987 by a vote
Dorothy
N.
G~7nn,Clerk
Illinois Pollution Control Board
74-475
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ILLINCIS ENVIRONMENTAL PROTECTION AGENCY
AD~INIST~TIVE
CITATION
IN THE MATTER OF:
H. and L.
DISPOSAL, an
)
Illinois corporation,
)
)
IEPA DOCKET NO. 8147-AC
Respondent.
)
JURISDICTION
This Adn~inistrativeCitation
is
issued pursuant to the authority
vested
in the
Illinois Environmental Protection Agency
by Public Act
84-1320
(Ill. ~
Stat.
1986 Supp.,
ch.
111
1/2, par. 1031.1).
FACTS
1.
That Respondent,
an
Illincis corporation,
is
the present operator
of
a
facility located
in the
County of Vermilion, State of Illinois.
2.
That said facility is operated as
a
sanitary landfill, operating
under
Illinois Environmental Protection Agency Operating Permit No.
1972-20-OP, and designated with Site Code No.
1838040021.
Said
acility
is commonly known
to the Agency
as
H.
and L.
Landfill
No.
2.
3.
That Respondent has operated said facility
at
all
times pertinent
hereto.
4.
That, on October 2,
1986, William E.
Zierath 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 the basis of direct observation
of William
E.
Zierath,
the
Illinois
Environmental
Protection
Acency
has determined that Respondent was
74-476
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. 1021(p)(5).
8.
On October 2,
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.
102l(p)(l2).
C.
On October 2,
1986, operated said sanitary landfill facility
in
a manner which resulted
in leachate flow entering waters of the State,
in violation of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111
1/2, par. l021(p)(2).
D.
On October 2,
1986, operated said sanitary landfill
facility
while having previously deposited refuse
in an unpermitted portion of said
landfill,
in violation of
Ill.
Rev.
Stat. 198? Supp.,
ch.
111
1/2, par
102l(p)(9).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Ill.
Rev.
Stat.
1986 Supp.,
ch.
111 1/2, 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 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
-2—
74-477
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 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 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
Board,
if any;
the Attorney General’s Office will seek
to recover their
costs of litigation.
-3-
74-478
PROCEDURE FOR CONTESTING THIS
ADN~INISTRJT1VE 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
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.
Richard J.
Carlsoi, Director
Illinois
Envir~nii1ental Protection Agency
Date:
74-479
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REMITTANCE FORM
IN THE MATTER OF:
)
H.
and
L.
DISPOSAL, an
)
Illinois corporation,
IEPA DOCKET NO. 8147—AC
Respondent.
)
FACILITY:
H.
and L.
DISPOSAL
SITE CODE NO:
1838040021
COUNTY:
Vermilion
CIVIL PENALTY:
$2,000.00
DATE OF INSPECTiON:
October 2,
1986
DATE REMITTED: _____________________
SIGNATURE: _________________________
NOTE
P1ea~eenter 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.
0. Box 19276,
Springfield,
Illinois 62794-9276.
74-480
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
~
r
AFFIDAVIT
I
1__
P3~U”~Cr
~“
r
IN THE MATTER OF:
)
H.
and
L. DISPOSAL,
an
IEPA DOCKET NO. 8147-AC
Illinois corporation,
)
)
Respondent.
)
Affiant, William Zierath, 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 7:10 a.m. and 11:05 a.m.,
Affiant
conducted an inspection of the sanitary landfill
in Vermilion County,
Illinois, known’ as
K and
L
Landfill
No.
2,
Illinois Environmental
Protection Agency Site No.
1838040021, operating under
IEPA Permit
No.
1972-20-OP.
3.
Affianz. inspected said
H
and
L. Landfill
No.
2 site by an on-
site inspection which included walking the site and interviewing
personnel.
4.
Before
and after said inspection of said landfill, 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
co~pletedthe
Inspection
Report
form
attached
hereto
74-481
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
H and L Landfill
No.
2.
Subscribed and Sworn To before me
this
~g’~t’
day of~
~
,
1986.
~
~
Notary~P~i~
j
C
74-482