ILLINOIS POLLUTION CONTROL BOARD
December 18, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ALLIED WASTE, INC.,
Respondent.
)
)
)
)
)
)
)
)
)
)
AC 09-23
(IEPA No. 318-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On November 14, 2008, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against Allied Waste, Inc. (respondent).
See
415 ILCS 5/31.1 (2006); 35
Ill. Adm. Code 108. The administrative citation concerns a property located at 825 Willard
Street, Greenville, Bond County, Illinois. The property is commonly known to the Agency as
the “Greenville/Bond County Landfill” site and is designated with Site Code No. 0050055055.
The Agency alleged that respondent violated Section 21 (o)(5) of the Environmental Protection
Act (415 ILCS 5/21(o)(5) (2006)) by operating a sanitary landfill in a manner which resulted in
uncovered refuse remaining from the previous operating day or at the conclusion of any
operating day.
On December 11, 2008, the Agency filed a motion to voluntarily dismiss the
administrative citation. In the motion, the Agency states that it failed to serve the administrative
citation on respondent within “60 days after the date of the observed violation.” 415 ILCS
5/31.1(b) (2006);
see also
35 Ill. Adm. Code 108.202(b). The Board therefore grants the
Agency’s motion, dismisses this case, and closes the docket.
See
35 Ill. Adm. Code 108.402.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on December 18, 2008, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
ADMINISTRATIVE
CITATION
SJQV
42008
STATE
OF1LLIfg
PROTECTION
ILLINOIS
ENVIRONMENTAL
AGENCY,
)
)
POllUtiOn
Control
8od
Complainant,
)
AC
LI
(IEPA
No. 318-08-AC)
v.
ALLIED
WASTE INC.,
)
Respondent.
JURISDICTION
This Administrative
Citation
is
issued
pursuant
to the
authority
vested in
the
Illinois
Environmental
ProtectionAgencybySection
31.1 of the
Illinois Environmental
ProtectionAct,415
ILCS
5/31.1 (2006).
FACTS
1.
That Allied
Waste
Inc. is the permitted
owner
and
operator
of a facility
located
at
825
Willard
Street, Greenville,
Bond
County,
Illinois.
2.
That
said
facility
is
a sanitary
landfill, operating
under
Illinois
Environmental
Protection
Agency
Permit
No. 1993-1
88-LF,
and is designated
with
Site
Code
No.
0050055055.
The
facility is
commonly
known
to the Illinois
Environmental
Protection
Agency
as
Greenville/Bond County Landfill.
3.
That
Respondent
has owned
and operated
said facility
at
all
times
pertinent
hereto.
4.
That on September18,
2008,
Kendall
Couch of the
Illinois Environmental
Protection
Agency’s
Collinsville
Regional
Office
inspected
the
above-referenced
facility.
A copy
of
his
inspection
report
setting
forth the
results
of said inspection
is
attached
hereto
and made
a part
hereof.
1
VI
OLATI
ON S
Based
upon
direct
observations
made
by
Kendall
Couch
during
the
course
of his
September
18,
2008 inspection
of
the
above-referenced
facility,
the
Illinois
Environmental
Protection
Agency
has determined that Respondent
violated
the Illinois
Environmental
Protection
Act
(hereinafter,
the
“Act”)
as
follows:
(1) That
Respondent
conducted
a sanitary
landfill
in
a
mannerwhich
resulted
in
uncovered
refuse
remaining
from
the
previous
operating
day
or at the
conclusion
of
any
operating
day,
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),
Respondent
is
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 Respondent
elects
not
to
petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be due
and
payable
no later
than
November
30,
2008,
unless
otherwise
provided
by
order
of the Illinois
Pollution
Control
Board.
If
Respondent
elects
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,
Respondent
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
statutoty
civil penalty.
Pursuant
to Section
31.1 (d)(1)
of the
Act,
415
ILCS
5/31.1
(d)(1)
(2006),
if Respondent
fails
to
petition
or
elects
not
to
petition
the
Illinois
Pollution
Control
Board
for review
of
this Administrative
2
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, Respondent’s
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,
Respondent
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 piscribed
by
order
of
the
Illinois Pollution
Control
Board,
interest on
said
penalty
and/or
hearing
costs
shall
be
assessed
against
the
Respondent
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
Respondent
in Circuit
Court
to collect said
penalty
and/or
hearing
costs,
plus
any
interest
accrued.
3
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent
has
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 Respondent elects
to contest
this
Administrative
Citation,
then
Respondent
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
Respondent.
Date
Ii
fj
210
DougIas. Scott,
Diroctor
-)
1-<L-
Illinois
Environmental
Protection
Agency
Prepared
by:
Susan
E.
Konzelmann,
Legal
Assistant
Division
of Legal
Counsel
1021
North
Grand
Avenue
East
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217)
782-5544
4
REM ITTANCE
FkED
ILLINOIS
ENVIRONMENTAL
)
NOV
1
Li
2008
PROTECTION
AGENCY,
)
STATE
OF
ILUNOIS
Pollution,OE1tPBOard
Complainant,
)
AC
b ‘“
(IEPANo.
318.08-AC)
v.
)
ALLIED
WASTE INC.,
)
)
)
Respondent.
FACILITY:
Greenville/Bond
County
Landfill
SITE CODE NO.:
0050055055
COUNTY:
Bond
CIVIL PENALTY:
$500.00
DATE OF
INSPECTION:
September
18,
2008
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, to Illinois
Environmental
Protection
Agency,
Attn.: Fiscal Services,
P.O.
Box 19276, Springfield,
Illinois
62794-9276.
5
