ILLINOIS POLLUTION CONTROL BOARD
October 19, 2006
COUNTY OF OGLE,
Complainant,
v.
VEOLIA ES ORCHARD HILLS LANDFILL,
INC. (f/d/b/a ONYX ORCHARD HILLS
LANDFILL, INC.),
Respondent.
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AC 07-11
(Site Code No.1410175005)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 27, 2006, complainant, the County of Ogle (County), timely filed an
administrative citation against the respondent, Veolia Es Orchard Hills Landfill, Inc. (f/d/b/a
Onyx Orchard Hills Landfill, Inc.) (Orchard Hills Landfill).
See
415 ILCS 5/31.1(c) (2004); 35
Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a sanitary landfill
located in Ogle County designated with the Illinois Environmental Protection Agency (Agency)
Site Code Number 1410175005. For the reasons below, the Board finds that Orchard Hills
Landfill violated the Environmental Protection Act (Act) (415 ILCS 5 (2004)) and orders Case to
pay $1,000 in civil penalties.
Under the Act, an administrative citation is an expedited enforcement action brought
before the Board seeking civil penalties that are fixed by statute. Administrative citations may
be filed only by the Agency or, if the Agency has delegated the authority, by a unit of local
government, and only for limited types of alleged violations at sanitary landfills or unpermitted
open dumps.
See
415 ILCS 5/3.305, 3.445, 21(o), (p), 31.1(c), 42(b)(4), (4-5) (2004); 35 Ill.
Adm. Code 108.
In this case, the County alleges that Orchard Hills Landfill violated Sections 21(o)(5) and
(o)(12) of the Act (415 ILCS 5/21(o)(5) and (o)(12) (2004)) by causing or allowing uncovered
refuse to remain at the end of an operating day, and failure to collect and contain litter by the end
of an operating day. The County asks the Board to impose on Orchard Hills Landfill the
statutorily-fixed civil penalty of $500 for each of the two alleged violations, totaling $1,000. As
required, the County served the administrative citation on Orchard Hills Landfill within “60 days
after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
see also
35 Ill. Adm. Code
101.300(c), 108.202(b). Specifically, the County inspected the site on June 30, 2006, and the
Ogle County Sheriff’s Depart personally served an agent of Orchard Hills Landfill with the
administrative citation on August 28, 2006.
2
To contest an administrative citation, a respondent must file a petition with the Board no
later than 35 days after being served with the administrative citation. If the respondent fails to do
so, the Board must find that the respondent committed the violations alleged and impose the
corresponding civil penalty.
See
415 ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code 101.300(b),
108.204(b), 108.406. Here, Orchard Hills Landfill failed to file a petition for review by October 2,
2006, the 35th day after service. Accordingly, the Board finds that that Orchard Hills Landfill
violated Sections 21(o)(5) and (o)(12) of the Act as alleged.
The civil penalty for violating any provision of Section 21(o) of the Act is $500 for each
violation of each provision.
See
415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500(a).
Because there are two violations of Section 21(o), the total civil penalty is $1,000. Under
Section 31.1(d)(1) of the Act, the Board attaches the administrative citation and makes it part of
the order below.
This opinion constitutes the Board’s finding of fact and conclusions of law.
ORDER
1.
Veolia Es Orchard Hills Landfill, Inc. (f/d/b/a Onyx Orchard Hills Landfill, Inc.)
(Orchard Hills Landfill) must pay a civil penalty of $1,000 no later than
November 20, 2006, which is the first business day following the 30th day after
the date of this order.
2.
Orchard Hills Landfill must pay the civil penalty by certified check or money
order, made payable to the Ogle County Solid Waste Fund. The case number,
case name, and Orchard Hills Landfill’s federal employer identification number
must be included on the certified check or money order.
3.
Orchard Hills Landfill must send the certified check or money order and the
remittance form to:
Ogle County Treasurer
P.O. Box 40
Ogle County Courthouse
Oregon, Illinois 61061
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Act (415 ILCS 5/42(g) (2004)) at the rate set forth in Section 1003(a)
of the Illinois Income Tax Act (35 ILCS 5/1003(a) (2004)).
5.
Payment of this penalty does not prevent future prosecution if the violations
continue.
IT IS SO ORDERED.
3
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on October 19, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
