ILLINOIS
POLLUTION CONTROL BOARD
~pril
21,
1988
IN THE MATTER OF:
GRIMMS LANDFILL,
)
AC 87—116
(Case
No.
87—EU
5)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a March
7,
1988
filing
of
an amended Administrative Citation pursuant
to Section
31.1
of the Illinois Environmental Protection Act
(Act)
by the
County of Tazewell (County).
A copy of
that amended
Administrative Citation
is attached hereto.
The County alleges
that Grimms Landfill has violated Sections 2l(p)(S)
and 2l(p)(l2)
of the Act.
The statutory penalty established
for each
of these
violations
is $500.00 pursuant
to Section 42(b)(4)
of
the Act.
Therefore, pursuant
to Section 31.l(d)(l),
the Board
finds
that Grimms
Landfill has violated
the provisions
alleged
in the
amended Administrative Citation.
Since there are two
(2)
such
violations,
the total penalty
to be
imposed
is set at $1,000.00.
It
is hereby ordered
that, unless the penalty has already
been paid, within
30 days
of the date
of this Order Grimms
Landfill shall,
by certified
check
or money order payable
to
the
Tazewell County Health Department, pay
a
penalty
in the amount
of
$1,000.00 which
is
to be sent
to:
Gordon Poquette
Tazewell County Health Department
RR #1
Tremont,
Illinois
61568
IT
IS SO ORDERED.
I,
Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control
Boarg,
hereby certify that the above Order was adopted
on the
c7~J~4-+
day of
~274.Lt
,
1988,
by a vote of
7o
Dorothy M.
G~unn, Clerk
Illinois Pollution Control Board
88—349
STATE OF ILLINOIS
COUNTY OF
AMENDED ADMINISTRATIVE CITATION
~ ~ 7
//~/
)
State’s Attorney’s File No. 87—EU
5
(,~/—
~
)
Docket No. AC 87—116
)
JURISDICTION
This
Administrative Citation
is issued pursuant
to the authority
vested in the Illinois Environmental Protection Agency by Public Act
84—1320
(Ill.
Rev.
Stat.
1986,
Supp.,
ch.
111½, par.
1031.),
and delegated
to Tazewell County pursuant to
Ill.
Rev.
Stat.
1986,
Supp.,
ch.
111½, para.
1004(r).
FACTS
1.
That Respondent, Jack Grimm,
is
the present operator of a facility
located in
the County of Tazewell, State
of
Illinois.
2.
That said facility
is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operating Permit No. 74—71,
and designated with site Code No. 1798180011.
Said facility
is commonly
known
to the Agency as Grimm’s Landfill.
3.
That Respondent has operated said facility at all
times pertinent
hereto.
4.
That on 10/14/87, Ralph Jones, of the County of Tazewell,
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 hereof.
88—3 50
VIOLATIONS
On the basis
of direct observation of Grimm’s
Landfill, the County of
Tazewell has determined that Respondent was conducting a sanitary landfill
operation at the above—described facility, which
is
required
to have a
permit pursuant
to Ill. Rev. Stat.
1985,
ch.
111!~,para.
1021(d),
in a
manner which
resulted in the following conditions:
5)
Uncovered refuse remaining from previous operating day.
12)
Failure
to collect and contain litter from the site by the end of
each operating day noted
in five
(5) areas.
CIVIL PENALTY
Pursuant to Public Act 84—1320
(Ill.
Rev.
Stat.
1986,
Supp., ch.
111½,
para.
1042(b)(4), Respondent herein
is subject
to a civil penalty of Five
Hundred Dollars ($500.00)
for each violation specified above
in Paragraph
One (1), for a total of $1,000.00.
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 violations alleged
herein, after an adjudicatory hearing, you 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 violations cited hereinabove,
the civil penalty
specified above shall be due and payable no
later than December 29,
1987.
If you do not petition the Illinois Pollution Control Board for review of
this Administrataive Citation within thirty—five (35) days of
service
hereof or
if you elect
to contest this Administrative Citation,
any
88—35
1
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 Tazewell
County Health Department and mailed
to Gordon Poquette at
the Tazewell
County Health Department, RR #1, Trernont, Illinois
61568.
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 Tazewell 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
their costs
of litigation.
Stewart Umholtz, Assistant State’s Attorney
Ralph Jones, Environmental Health Specialist
Subscribed and
S
orn
to before me this
____
day of
_____________,
l98~.
~
Notary Public
88—352