ILLINOIS POLLUTION CONTROL BOARD
January 7, 1988
IN THE MATTER OF:
PEKIN METRO LANDFILL
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AC 87—115
(87—EH 6)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a November 30, 1987
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act (Act) by the County of
Tazewell. A copy of that Administrative Citation is attached
hereto. Service of the Administrative Citation was made upon
Pekin Metro Landfill on November 27 1987. The County of Tazewell
alleges that Pekin Metro LandEill has violated Sections 2l(p)(5),
21(p) (12) and 21(p) (11) of the Act. The statutory penalty
established for each of these violations is $500.00 pursuant to
Section 42(b)(4) of the Act.
Pekin Metro 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.l(d)(2) of the Act. Therefore, pursuant to
Section 31.l(d)(1), the Board finds that Pekin Metro Landfill has
violated each and every provision alleged in the Administrative
Citation. Since there are three (3) such violations, the total
penalty to be imposed is set at $1,500.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order Pekin Metro
Landfill shall, by certified check or money order payable to the
Tazewell County Health Department, pay a penalty in the amount of
$1,500.00, which is to be sent to:
Gordon Poquette
Tazewell County Health Department
R.R. #1
Tremont, Illinois 61568
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
7i~Z
day of
,
1988 by a vote of_______________
Dorothy M. nn, Clerk
Illinois Pollution Control Board
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TAZEWELL
qJç~j~
COUNTY
HEALTH
DEPARIM ENT
November 25, 1987
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11—500
Chicago,
Illinois 60601
Dear Ms. Gunn:
OFFICE OF
ENVIRONMENTAL
SERVICES
Food Sanitation
Private
Sewage
Potab4e Water
Solid Waste
Habitation
Nuisance
~7e
The Tazewell County Health Department would like to file an Administrative
Citation for the 10/22/87 inspection of Pekin Metro Landfill. Enclosed is
a copy of the Administrative Citation. The Administrative Citation was
sent to Steve Zimmerman, site operator, on 11/25/87.
We will be informing you as to the date the landfill operator received his
copy of the Administrative Citation. We predict that 12/29/87 will be the
due date for payment of this Administrative Citation.
If you have any questions, please contact me or Pat Welch at (309)
925—5511.
Sincerely,
TAZEWELL COUNTY HEALTH DEPARTMENT
Ralph Jones
Environmental Health Specialist
RJ
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hi
Enclosures
SUBNITTED THROUGH AND APPROVED BY:
Patricia K. Welch, B.S., R.S.
Director of Environmental Health
85—83
R.R. 1
•
Tremont,
IL
61568 • 309/925-5511 347
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An Equal
Opportunity
Employer
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STATE OF ILLINOIS
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NtN3O~87
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STATE OF
IWNO~S
COUNTY OF
~CWJTIONCONTROL
BOARD
ADMINISTRATIVE CITATION
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State’s Attorney’s File No. 87—ElI 6
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Docket No.
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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. 111!~, par. 1031.), and delegated
to Tazeweil County pursuant to Ill. i~ev. Stat. 1986, Supp., ch. 111½,
para.
1004(r).
FACTS
1. That Respondent, Steve Zimmerman, 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. 70—45,
and designated with site Code
No. 1798050001. Said facility is commonly
known to the Agency as Pekin Metro Landfill.
3. That Respondent has operated said facility at all times pertinent
hereto.
4. That on 10/22/87, 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.
85—84
VIOLATIONS
On the basis of direct observation of Pekin Metro 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. .9a5,
ch.
111¼,
para. 1021(d), In
a manner which resulted
in the following conditions:
5)
Uncovered refuse remaining from previous operating day.
11)
Failure to submit financial assurance documents.
12)
Failure to collect and contain litter from the site by the end
of each operating day.
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 $1,500.00. 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 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
85—85
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, Tremont, 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.
Ste art Umholtz, Assistant State’s Attorney
Ralph Jones, Environmental Health Specialist
Subscrihad and Sworn to before me this
_____
day of
_______________,
1987.
c~~e
~
Notary Public
8 5—86
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation. See
Public Act 84—1320 (Ill. Rev. Stat. 1986, Supp., ch. 111¼, para. 1031.1).
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 Tazewell County
State’s Attorney, attention Stewart Umholtz at the Tazewell County Court
House, Pekin, Illinois 61554. 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 State’s Attorney at the Tazewell County Court House,
Pekin, Illinois.
Pekin Metro Landfill
Date:
85—87
STATE OF ILLINOIS
COUNTY OF TAZEWELL
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State’s Attorney’s File No. 87—EH 6
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Respondent.
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Affiant, Ralph Jones, being first duly sworn, voluntarily deposes and
states as follows:
1. Affiant is a field inspector employed by the County of Tazewell
and has been so employed at all times pertinent hereto.
2. On October 22, 1987, between 6:00 a.m. and 8:00 a.m., Affiant
conducted an inspection of the sanitary landfill in Tazewell County,
Illinois, known as Pekin Metro Landfill, Illinois Environmental Protection
Agency Site No. 1798050001, operating under IEPA Permit No. 70—45.
3. Affiant inspected said Pekin Metro Landfill site by an on—site
inspection which included walking the site and inter—viewing personnel.
4. Before and after said inspection of said landfill site, Affiant
reviewed Illinois Environmental Protection Agency permits issued to the
subject site and investigated into whether or not required documents were
timely filed on behalf of the subject site.
5. As a result of the activities referred to in Paragraphs 3 and 4
above, Affiant completed the Inspection Report Form attached hereto and
85—88
made a part hereof, which, to the best of Affiant’s knowledge and belief,
is an accurate representation of Affiant’s observations and factual
conclusions with respect to Pekin Metro Landfill.
-/Q41 ~
Ralph Jones, Environmental Health Specialist
85—89