ILLINOIS POLLUTION CONTRCL BOARE
    January 8, 1987
    IN THE MATTER OF:
    EVERETT ALLEN, d/b/a ALLEN
    )
    AC 86—6
    WASTE MANAGEMENT
    )
    (IEPA Docket No. 8143—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 cf the Illinois Environmental Protection Act (Act) by the
    Illinois Environittental Protection Agency (Agency). A copy of
    that Administrative Citation is attached hereto. Service of the
    Administrative Citation was made upon Everett Allen November 26,
    1986.
    The Agency alleges that Everett Allen has violated Section
    21(p) (11) of the Act. The statutory penalty established for this
    violation 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 31.1(d) (2) of the Act. Therefore, pursuant to
    Section 31l(d)(l), the Board finds that Everett Allen has
    violated the provision alleged in the Administrative Citation.
    Since there is one (1) such violation, the total penalty to be
    imposed is set at $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 and designated for deposit into the Environmental
    Protection Trust Fund, pay a penalty in the amount of $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.
    74-483

    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, her~ebycertify that t e above Order was adopted on
    the
    ________________
    day of
    ______________,
    1987 by a vote
    of
    -
    ~- C
    2 .27~ ~
    Dorothy N. Gw’~n, Clerk’
    Illinois Pollution Control Board
    74-484

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    I 1985
    ADMINISTRATIVE
    CITATION
    IN THE MATTER OF:
    )
    EVERETT ALLEN, d/b/a Allen )
    Waste Management,
    IEPA DOCKET NO. 8143-AC
    Respondent.
    )
    JURISDICTION
    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).
    FACT S
    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 Environmental Protection Agency Operating Permit No.
    1976-44-OF, and designated with Site Code No. 0700200002. Said facility
    is commonly known to the Agency as DeSoto/Alleri Landfill No. 2.
    3. That Respondent has operated said facility at all times pertinent
    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.
    V iO~ATIONS
    On the basis of direct observation of Gerald E. Steele, the Illinois
    Environmental
    Protection Aaency has determined that Respondent was
    74-485

    conducting a sanitary landfill operation at the above-described facility,
    which is required to have a permit pursuant to 111. Rev. Stat. 1985, ch.
    ill 1/2, par. 1021(d), in a manner which resulted in the following
    conditions:
    A. On October 1, 1986, operated said landfill facility while having
    failed to prepare a Closure Plan, as required by supplemental permit and
    by
    35 Ill. Adm. Code, Section 807.503, and having failed to prepare a
    Post-Closure Care Plan as required by supplemental permit and by 35 Ill.
    Adrn.
    Code, Section 807.523, all in violation of Ill. Rev. Stat. 1986,
    Supp., ch. 111 1/2, par. l021(p)(ll).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320 (ill. Rev. Stat. 1986 Supp., ch.
    111 1/2, par. 1O42(b)(4), Respondent herein is subject to a civil penalty
    of Five Hundred Dollars ($500.00) for the violation specified above
    in
    Paragraph A. 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 violation alleged herein after an adjudicator
    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 a finding of violation.
    If you acknowledge the violatior 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
    -2-
    74-486

    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 Envir’onmental 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 (111. 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 peition for Review must
    be filed witriin thirty—five (35) days of the date of service of this
    Administrative Citation, or a default judgment shall be entered by the
    -3-
    74-487

    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.
    (J
    ~
    r
    ~
    ~f
    /~
    /
    Richard
    3.
    Carlson, Director~~~~
    Illinois Environmental Prote~ctionAgency
    Date: November 25, 1936
    74-488

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    REMITTANCE FORM
    IN THE MATTER OF:
    EVERETT ALLEN, d/b/a Allen)
    Waste Management,
    IEPA DOCKET NO. 8143—AC
    Respondent.
    )
    FACILITY: DeSoto/Allen Landfill No. 2
    SITE CODE NO: 0700200002
    COUNTY: Jackson
    CIVIL PENALTY: $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,
    2200 Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276.
    74-489

    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    AFFIDAVIT
    IN THE MATTER OF:
    )
    EVERETT ALLEN, d/b/a Allen
    IEPA DOCKET NO. 8143-AC
    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. 2, Illinois Environmental Protection Agency Site
    No. 0700200002, operating under IEPA Permit
    No.
    l976=44=OP. Along with
    inspecting the subject sanitary landfill, Affiant also inspected the
    sanitary landfill known as DeSoto/Allen No. 1, which is not further
    referred to in this Affidavit.
    3. Affiant inspected said DeSoto/Allen No. 2 site by an on-site
    inspection which included walking the site and interviewing personnel.
    4. Before and after said inspection of DeSoto/Allen No. 2, 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.
    74-490

    5. As a result of the activities referred to in Paragraphs 3 and
    4 above, Affiant completed the Inspection Report form attached hereto
    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. 2.
    Subscribed and Sworn To before me
    this /o~~,dayof
    7~
    ~
    1986.
    Notary Public
    ‘I,
    74-491

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