ILLINOIS POLLUTION CONTROL BOARD
    February 18, 1999
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    LAWRENCE COUNTY DISPOSAL
    CENTRE, INC., S & S GRADING of
    ILLINOIS, INC., and GARY MCLAREN,
    Respondent.
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    AC 99-20
    (IEPA No. 708-98-AC)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On December 2, 1998, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board naming Lawrence County Disposal Centre, Inc., S & S
    Grading of Illinois, Inc., and Gary McLaren as respondents. The administrative citation was
    filed in response to observed violations of the Environmental Protection Act (Act) that
    occurred at a sanitary landfill in Lawrence County on October 8, 1998.
    The administrative citation alleges that respondent Lawrence County Disposal Centre
    owned the Lawrence County Regional Landfill (landfill) and that respondents S & S Grading
    of Illinois, Inc. and Gary McLaren operated the landfill. It alleges that respondents allowed
    leachate flows from the landfill to enter the waters of the State in violation of Section 21(o)(2)
    of the Act. 415 ILCS 5/21(o)(2) (1996). The administrative citation also alleges that
    respondents allowed uncovered refuse to remain at the landfill from a previous operating day
    and failed to collect and contain litter from the landfill by the end of each operating day in
    violation of Sections 21(o)(5) and 21(o)(12) of the Act. 415 ILCS 5/21(o)(5) and (o)(12)
    (1996). The Board received respondents’ amended petition for review on January 4, 1999,
    and accepted this case for hearing on January 7, 1999.
    On February 11, 1999, the parties filed a “Joint Stipulation of Settlement and Dismissal
    of Respondent’s Petition for Administrative Review (stipulation). In the stipulation,
    respondents admit the alleged violations of Sections 21(o)(5) and 21(o)(12) of the Act and
    agree to pay a civil penalty of $1,000. Both parties agree that, contingent upon the Board’s
    acceptance and adoption of the terms and conditions of the stipulation, the alleged violation of
    Section 21(o)(2) shall be dismissed. Both parties also agree that, on the same contingency, the
    administrative citation and the petition for review shall be dismissed.
    2
    Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (1996)) authorizes the Board to impose
    a civil penalty pursuant to Section 42(b)(4) of the Act (415 ILCS 5/42(b)(4) (1996)) for a
    violation of the Act as alleged in an administrative citation.
    This opinion constitutes the Board’s findings of fact and conclusion of law in this
    matter.
    ORDER
    1.
    The Board finds that respondents allowed uncovered refuse to remain at the
    landfill from a previous operating day litter in violation of 415 ILCS 5/21(o)(5)
    (1996).
    2.
    The Board finds that respondents failed to collect and contain litter from the
    landfill by the end of each operating day in violation of 415 ILCS 5/21 (o)(12)
    (1996).
    3.
    Respondents shall pay the sum of $1,000 by March 22, 1999. Such payment
    shall be made by certified check or money order payable to the Treasurer of the
    State of Illinois, designated to the Environmental Protection Trust Fund. The
    case number, case name, shall be included on the check (or money order). In
    addition, the federal employer identification number (FEIN) for Lawrence
    County Disposal Centre, or the FEIN for S&S Grading of Illinois, Inc., or the
    FEIN or social security number for Gary McLaren shall also be included on the
    check (or money order). The check (or money order) should clearly indicate
    that payment is directed to the Environmental Protection Trust Fund.
    4.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    5.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003 (1996)), as now or hereafter amended, from the date payment
    is due until the date payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    IT IS SO ORDERED.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 18th day of February 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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