ILLINOIS POLLUTION CONTROL BOARD

ORDER

June 5, 2008

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

PIKE COUNTY LANDFILL, INC., LARRY

BEARD and STEVEN BLAKE,

Respondents.

)

AC 08-22

(IEPA No. 26-08-AC)

(Administrative Citation)

ORDER OF THE BOARD (by G.T. Girard):

On March 18, 2008, the Illinois Environmental Protection Agency (Agency) timely filed

an administrative citation against Pike County Landfill, Inc. (Pike County Landfill), Larry Beard

(Beard), and Steven Blake (Blake) (collectively respondents).

See

415 ILCS 5/31.1(c) (2006);

35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a sanitary

landfill located at 32246 375th Street, Baylis, Pike County, designated with Site Code No.

1498160001, and commonly known to the Agency as “New Salem/Pike County Landfill.” For

the reasons below, the Board finds that respondents violated the Environmental Protection Act

(Act) (415 ILCS 5 (2007)) and orders respondents to pay $500 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) (2006); 35 Ill.

Adm. Code 108.

In this case, the Agency alleges that respondents violated Section 21(o)(5) of the Act

(415 ILCS 5/21(o)(5) (2006)) by conducting a sanitary landfill in a manner resulting in

uncovered refuse remaining from any previous operating day or at the conclusion of any

operating day, without authorization by permit. According to the administrative citation, Pike

County Landfill is the permitted owner and operator of the landfill while Beard and Blake are the

certified operators of the landfill. The Agency asks the Board to impose a $500 civil penalty on

respondents. As required, the Agency served the administrative citation on respondents within

“60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2006);

see also

35 Ill.

Adm. Code 101.300(c), 108.202(b).

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 violation alleged and impose the

corresponding civil penalty.

See

415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 101.300(b),

108.204(b), 108.406. Pike County Landfill and Beard were served with the administrative

citation on March 14, 2008, making any petition from Pike County Landfill or Beard to contest

the citation due by April 18, 2008.

See

35 Ill. Adm. Code 101.300(a). Blake was served with

the administrative citation on March 21, 2008, making any petition from Blake to contest the

citation due by April 25, 2008.

See id.

Respondents all failed to timely file a petition for review.

Accordingly, the Board finds that respondents violated Section 21(o)(5) of the Act.

The civil penalty for violating any provision of subsection (o) of Section 21 is $500 for

each violation.

See

415 ILCS 5/42(b)(4) (2006); 35 Ill. Adm. Code 108.500(a). Because there is

one violation of Section 21(o), the total civil penalty is $500. 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

The Board finds that respondents violated Section 21(o)(5) of the Environmental

Protection Act (415 ILCS 5/21(o)(5) (2006)).

Respondents must pay a civil penalty of $500 no later than July 7, 2008, which is

the first business day following the 30th day after the date of this order.

Respondents must pay the civil penalty by certified check or money order payable

to the Illinois Environmental Protection Agency, designated to the Illinois

Environmental Protection Trust Fund. The case number, case name, and each

respondent’s respective social security number or federal employer identification

number must be included on the certified check or money order.

Respondents must send the certified check or money order and the remittance

form to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2006)).

Payment of this penalty does not prevent future prosecution if the violation

continues.

IT IS SO ORDERED.

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) (2006);

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;

I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above order on June 5, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

PIKE COUNTY LANDFILL, INC., LARRY

BEARD and STEVEN BLAKE,

FtlECSIVED

CLERK'S OFFICE

MAR 1 8 2008

Pollution

STATE

Con

trol

LLINOS

Board

Q;')°

(IEPA No. 26-08-AC)

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

Pike County Landfill, Inc.

Attn: Brian Meginnes

31874 375

Street

416 Main Street, Suite 1400

Baylis, IL 62314

Peoria, 11_, 61602

Steven Blake, Asst. Manager

Pike County Landfill, Inc.

220 S. Mississippi Street, Apt. 4

Pittsfield, IL 62363

PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Control

Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,

AFFIDAVIT, and 811 SOLID WASTE LANDFILL INSPECTION CHECKLIST.

Respectfully submitted,

1'1W

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Dated: March 13, 2008

Michelle M. Ryan

Assistant Counsel

THIS FILING SUBMII I ED ON RECYCLED PAPER

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECEIIED

LERICS

OFF

ADMINISTRATIVE CITATION?

MAR 1 8 2008

PROTECTION

ILLINOIS ENVIRONMENTAL

PIKE COUNTY LANDFILL, INC., LARRY )

BEARD and STEVEN BLAKE,

)

Respondents.

STATE OF ILLINOIS

Pollution

Control Board

JURISDICTION

This Administrative Citation is issued pursuant to the authority vested in the Illinois

Environmental Protection Agency by Section 31.1 of the Illinois Environmental Protection Act , 415

ILCS 5/31.1 (2006).

FACTS

That Pike County Landfill, Inc. is the permitted owner and operator and Larry Beard

and Steven Blake are the certified operators (collectively "Respondents") of the Pike County Landfill

located at 32246 375

th Street, Baylis, Pike County, Illinois.

That said facility is operated as a sanitary landfill, operating under Illinois

Environmental Protection Agency Permit No. 1995-155-LF, and is designated with Site Code No.

1498160001. The facility is commonly known to the Illinois Environmental Protection Agency as

New Salem/Pike County Landfill.

That Respondents have owned and/or operated said facility at all times pertinent

hereto.

4.?

That on February 7, 2008, Michelle E. Cozadd of the Illinois Environmental

Protection Agency's Springfield Regional Office inspected the above-referenced facility. A copy of

her inspection report setting forth the results of said inspection is attached hereto and made a part

hereof.

VIOLATIONS

Based upon direct observations made by Michelle Cozadd during the course of her February

7, 2008 inspection of the above-referenced facility, the Illinois Environmental Protection Agency has

determined that Respondents violated the Illinois Environmental Protection Act (hereinafter, the

"Act") as follows:

(1) That Respondents conducted a sanitary landfill in a manner which resulted in uncovered

refuse remaining from any previous operating day or at the conclusion of any operating

day, unless authorized by permit, a violation of Section 21 (o)(5) of the Act, 415 ILCS

5/21 (o)(5) (2006).

CIVIL PENALTY

Pursuant to Section 42(b)(4) of the Act, 415 ILCS 5/42(b)(4) (2006), Respondents are

subject to a civil penalty of Five Hundred Dollars ($500.00) for each of the violations identified

above, for a total of Five Hundred Dollars ($500.00). If Respondents elect not to petition the Illinois

Pollution Control Board, the statutory civil penalty specified above shall be due and payable no later

than April 30, 2008, unless otherwise provided by order of the Illinois Pollution Control Board.

If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution

Control Board in accordance with Section 31.1 of the Act,

415 ILCS 5/31.1 (2006), and if the Illinois

Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,

Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental

Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed

in addition to the statutory civil penalty.

Pursuant to Section 31.1(d)(1) of the Act, 415 ILCS 5/31.1(d)(1) (2006), if Respondents fail

to petition or elect not to petition the Illinois Pollution Control Board for review of this Administrative

Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall

adopt a final order, which shall include this Administrative Citation and a finding of violation as

alleged herein, and shall impose the statutory civil penalty specified above.

When payment is made, Respondents' check shall be made payable to the Illinois

Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois

Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield,

Illinois 62794-9276. Along with payment, Respondents shall complete and return the enclosed

Remittance Form to ensure proper documentation of payment.

If any civil penalty and/or hearing costs are not paid within the time prescribed by order of

the Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed

against the Respondents from the date payment is due up to and including the date that payment is

received. The Office of the Illinois Attorney General may be requested to initiate proceedings

against Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest

accrued.

Dougla P. Scott, Director

Illinois Environmental Protection Agency

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

Respondents have the right to contest this Administrative Citation pursuant to and in

accordance with Section 31.1 of the Act, 415 ILCS 5/31/1 (2006). If Respondents elect to contest

this Administrative Citation, then Respondents shall file a signed Petition for Review, including a

Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois

Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois

60601. A copy of said Petition for Review shall be filed with the Illinois Environmental Protection

Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P.O. Box 19276, Springfield,

Illinois 62794-9276. Section 31.1 of the Act provides that any Petition for Review shall be filed

within thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution

Control Board shall enter a default judgment against the Respondents.

Date ?

-i3

Prepared by:

Susan E. Konzelmann, Legal Assistant

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

RECEIVED

8 2008

ILLINOIS ENVIRONMENTAL

Pollution

TATE OF

Control

UNOIS

Board

PROTECTION AGENCY,

Complainant,

PIKE COUNTY LANDFILL, INC., LARRY

BEARD and STEVEN BLAKE,

(IEPA No. 26-08-AC)

Respondents.

FACILITY:

New Salem/Pike County Landfill

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, to Illinois Environmental

Protection Agency, Attn.: Fiscal Services, P.O. Box 19276, Springfield, Illinois 62794-9276.