ILLINOIS POLLUTION CONTROL BOARD
July 21, ~L994
WILL COUNTY,
)
)
Complainant,
)
v.
)
AC 94—33
)
(County No. WC—94—AC--l)
)
(Administrative Citation)
BEECHER DEVELOPMENT
)
LANDFILL,
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon the May 24,
1994
filing of an administrative citation pursuant to Section 31.1 of
the Environmental Protection
Act
(Act)
by Will County.
A
copy of
that administrative citation is attached hereto, but will not be
printed in the Board’s Opinion Volumes.
Service of the
administrative citation was made upon Beecher Development
Landfill on May 31,
1994.
Will County alleges that on April
4,
1994, Beecher Development Landfill, present owners and/or
operators of a facility located
in Will County and commonly known
to the County as Beecher Development Landfill, violated Section
21(o) (12)
of the Act.
The statutory penalty established for each
violation is $500.00 pursuant to Section 42(b)(4)
of the Act.
Beecher Development 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 31.1(d) (2) of the Act.
Therefore,
pursuant to Section 31.1(d) (1),
the Board finds that Beecher
Development Landfill violated the provisions alleged in the
administrative citation.
Since there is one
(1) such violation,
the total penalty to be imposed is set at $500.00.
1.
It is hereby ordered that, unless the penalty has already been
paid, within 30 days of the date of this Order Beecher
Development Landfill shall,
by certified check or money order
payable to The County of Will,
pay a penalty in the amount of
$500.00, which is to be sent to:
The Will County Land Use Department
Solid Waste Division
Attention:
Frank Kalisik
501 Ella Avenue
Joliet,
Illinois 60433
2.
Respondents shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Numbers on the certified check or
2
money order
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Environmental Protection Act.
4. Payment of this penalty does not prevent future prosecution if
the violation continues.
Section 41 of the Environmental Protection Act,
(415
ILCS 5/41
(1992)), provides for appeal of final orders of the Board within
35 days.
The Rules of the Supreme Court of Illinois establish
filing requirements.
(See also 35 Iii.
Adm.
Code 101.246,
Motions for Reconsideration.)
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify tha
th
above order was adopted on the
~
day of
,
1994,
by a vote of
Lnn,
Clerk
lution Control Board
~~EIVED
MAY
241994
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
STAlE O~WNO~S
POLLUTION
CONTROL
BOARE
STATE OF ILLINOIS
COUNTY OF WILL
ADMINISTRATIVE CITATION
PEOPLE OF THE COUNTY OF WILL
)
Complainant,
)
v.
)
—~
AC 94
BEECHER
DEVELOPMENT
LANDFILL
)
WC 94
AC
1
)
)
Respondent.
JURISDICTION
This Administrative Citation
is
issued pursuant to the
authority
vested
in
the
Illinois
Environmental
Protection
Agency by
Public Act 84-1320
(415
ILCS
5/31.1
(1992)),
and
delegated to Will County pursuant to 415 ILCS 5/4(r) (1992).
PACTS
1.
That Respondent, BEECHER DEVELOPMENT COMPANY,
is the
present operator of
a facility located in Crete Township in
the County of Will,
State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
under
Illinois
Environmental
Protection
agency
Operating Permit No. 1971-24-OP, and designated with Site Code
No.
1978010001.
Said facility is commonly known to the Agency
as
Beecher Development Landfill.
3.
That Respondent has owned and operated said facility
at all times pertinent hereto.
4.
That
on April
4,
1994,
Frank S.
Kalisik,
of the
County
of
Will,
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
of hereof.
VIOLATIONS
On the basis of direct observation of Frank S. Kalisik,
the
County
of
Will
has
determined
that
Respondent
was
conducting
a
sanitary
landfill
operation
at
the
above-
described
facility,
which
is
required
to
have
a
permit
pursuant to 415 ILCS 5/21(d) (1992), in a manner which resulted
in the
following conditions:
A.
That on April 4,
1994, an on-site inspection of said
sanitary
landfill
facility
and
a
review
of
Illinois
Environmental
Protection
Agency
files
and records
of
said
facility, disclosed the following:
—
Refuse in standing or flowing water,
in violation
of
415
ILCS
5/21(o) (1) (1992)
formerly
Ill.
Rev.
Stat.
1991,
ch.
111 1/2 par.
1021(o) (1).
—
Conducting
a
sanitary
landfill
operation
in
a
manner
which
results
in
leachate
flow
entering
Waters
of
the
State,
in
violation
of
415
ILCS
5/2l(o)(2)
formerly
Ill.
Rev.
Stat.
1991,
ch. 111
1/2 par.
1021(o) (2)
)
2
—
Conducting
a
sanitary
landfill
operation
in
a
manner which results in leachate flows exiting the
landfill
confines,
in
violation
of
415
ILCS
5/21(0) (3)
formerly
Ill.
Rev.
Stat.
1991,
ch. 111
1/2 par.
1021(o) (3).
—
Open burning of refuse,
in violation of
415 ILCS
5/21(o)(4)
formerly
Ill. Rev.
Stat.
1991,
ch.
111
1/2 par.
1021(o) (4)).
—
Uncovered
refuse
remaining
from
a
previous
operating day,
in violation of 415 ILCS 5/21(0) (5)
formerly
Ill.
Rev.
Stat.
1991,
ch.
111
1/2
par.
1021(o) (5)).
—
Failure to provide
final cover within time limits
established by Pollution Control Board regulations,
in violation of 415 ILCS 5/21(o)(6)
formerly
Ill.
Rev.
Stat.
1991,
ch.
111 1/2 par.
1021(0) (6).
—
Acceptance of wastes without necessary permits,
in
violation
of
415
ILCS
5/2l(o)(7)
formerly
Ill.
Rev. Stat.
1991,
ch.
111 1/2 par.
1021(o) (7)).
—
Causing
or
allowing
scavenging
operations,
in
violation
of
415
ILCS
5/21(0) (8)
formerly
Ill.
Rev.
Stat.
1991,
ch.
11.
1/2 par.
1021(0) (8)).
Deposition of refuse in any unpermitted portion of
the landfill,
in violation
of 415 ILCS 5/21(0) (9)
formerly
Ill.
Rev.
Stat.
1991,
ch.
ill
1/2 par.
1021(0) (9)).
3
—
Acceptance
of
special
waste
without
a
required
manifest,
in
violation
of
415
ILCS
5/21(o)(1O)
formerly
Ill.
Rev.
Stat.
1991,
ch.
111
1/2 par.
1021(o) (10)).
—
Failure
to
submit reports
required by permits or
Pollution Control Board Regulations,
in violation
of 415 ILCS
5/21(o) (11)
formerly
Ill.
Rev.
Stat.
1991,
ch.
111 1/2 par.
1021(o) (11)).
_L.
Failure to collect and contain litter from the site
by the end of each operating day,
in violation of
415
ILCS
5/21(o)(12)
formerly
Ill.
Rev.
Stat.
1991,
ch.
111 1/2 par.
1021(o) (12)).
CIVIL PENALTY
Pursuant
to
Public
Act
84—1320
(415
ILCS
5/42(b)(4)
(1992),
Respondent herein
is subject to
a civil penalty of
Five Hundred Dollars
($500.00)
for
the violation specified
above in Paragraph one, for a total of $500.00.
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 violation alleged herein,
after an
adjudicatory
hearing,
Respondent
shall
be
assessed
the
associated hearing costs incurred by 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 violation cited hereinabove,
the
4
civil
penalty
specified
above
shall
be due and payable no
later than July 5,
1994.
If you do not petition the Illinois
Pollution Control
Board
for
review of
this Administrative
Citation within thirty-five
(35) days of service hereof or if
you
elect
to
contest
this
Administrative
Citation,
any
judgment rendered against you shall specify the due date of
the statutory civil penalty and any costs
assessed against
you.
When payment
is made, your check should be made payable
to The County of Will and mailed to The Will County Land Use
Department,
Solid Waste Division,
Attention: Frank Kalisik,
Waste
Services Analyst,
501
Ella Avenue,
Joliet,
Illinois
60433.
If
any
civil
penalty,
by
reason
of
acknowledgment,
default or
finding after adjudicatory hearing,
is
not paid
when due, the Illinois Environmental Protection Agency shall
take into consideration such failure to pay during any permit
review process upon your application for a new permit or for
renewal of an existing permit.
Furthermore,
if payment is not
received
when
due,
the
Will
County
State’s
Attorney
may
initiate proceedings
in Circuit Court to collect said civil
penalty.
In addition to the previously assessed civil penalty
and hearing costs of the Illinois Pollution Control Board,
if
any,
the State’s Attorney will seek to recover its costs of
litigation.
5
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
~
Public Act 84—1320
(415
ILCS
5/31/1
(1992)).
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
Will
County
State’s
Attorney,
Attention:
Cynthia Campbell at 14 West Jefferson Street, Room
200,
Joliet,
Illinois 60431.
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,
Suite
11-500,
Chicago,
Illinois
60601;
and,
a
copy
of
said Petition for
Review filed with the Will County State’s Attorney, Attention:
Cynthia Campbell,
14 West Jefferson Street, Room 200, Joliet,
Illinois 60431.
James W. Glasgow
State’s Attorney
Will County, Illinois
By:_____
Cyn hia Campbell
Assistant State’s Attorney
Date:
May 23,
1994
6
REMITTANCE
PORN
PEOPLE OF THE COUNTY OF WILL
)
)
Complainant,
)
AC
94_~3
)
v.
)
BEECHER DEVELOPMENT LANDFILL
)
WC 94
AC 1
)
Respondent.
FACILITY:
BEECHER DEVELOPMENT LF
SITE CODE NO.:
1978010001
COUNTY:
WILL
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
APRIL 4,
1994
DATE REMITTED:
_________________
SS/FEIN
NUMBER:
__________________
SIGNATURE:
__________________
NOTE
Please enter the date of your remittance, your Social Security
number
(SS)
if
an
individual
or
Federal
Employer
Identification Number
(FEIN)
if a
corporation, and sign this
Remittance Form.
Be sure your check
is enclosed and mail,
along with Remittance Form.
Be sure your check
is enclosed
and mail,
along with Remittance Form, to the Will County Land
Use Department,
Waste Services
Division,
Attention:
Frank
Kalisik,
Waste
Services
Analyst,
501
Ella
Avenue,
Joliet,
Illinois 60433.