ILLINOIS POLLUTION CONTROL BOARD
February 4, 1988
IN THE MATTER OF:
JACK GRIMM
)
AC 87-126
(87—EH 7)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a Decembr 23, 1987
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act (Act) by the Tazewell
County Health Department. A copy of that Administrative Citation
is attached hereto. Service of the Administrative Citation was
made upon Jack Grimm on December 18, 1987. The Tazewell County
Health Department alleges that Jack Grimm has violated Section
21(p)(5) of the Act. The statutory penalty established for this
violation is $500.00 pursuant to Section 42(b)(4) of the Act.
Jack Grimm 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)(l), the Board finds that Jack Grimm has violated the
provision alleged in the Administrative Citation. Since there is
one (1) such violation, the total penalty to be imposed is set at
$500.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days of the date of this Order Jack Grimm
shall, by certified check or money order payable to the Tazewell
County Health Department, pay a penalty in the amount of $500.00
which is to be sent to:
Gordon Poquette
Tazewell County Health Department
R.R. #1
Tremont, Illinois 61568
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board ereby certify at the above Order was adopted on t e
____________day of
,
1988 by a vote of_________
Dorothy M. nn, Clerk
Illinois Pollution Control Board
86— 147
STATE OF ILLINOIS
POWJTION~MM~
CONTROL
1W~OIS
6~R9
COUNTY OF
ADMINISTRATIVE CITATION
)
)
State’s Attorney’s File No. 87—ELI 7
)
)
Docket No.
)
JURISDICTIOU
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
loca-ted in the County of Tazewell, State of Illinois.
2. That said facility is operated as a sanitary landfill, operating
under Illinois Environmental Protection Agency Operatiug Permit
No.
71i—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
11/18/87, 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.
86—148
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. 111¼, pare. 1021(d), in a
manner which resulted in the following conditions:
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. 111¼,
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 $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 January 16, 1988.
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
judgment rendered against you shall specify the due date of the statutory
86—149
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, REt i~1, Tremont, Illinois 61560.
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 Umhoitz, Assistant State’s Attorney
Ralph Jones, Environmental Uealth Specialist
Subscribed, an Sworn to before me this
:1?L
day of
_________,
1987.
Notary Public
86—l~fl
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. 111½, 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 Ceunty 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.
Grimm’s Landfill
Date:
86—151
STATE OF ILLINOIS
COUNTY OF TAZEWELL
)
)
)
State’s Attorney’s File No. 87—Eli 7
Respondent.
)
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 November 18, 1987, between 8:00 a.m. and 9:00 a.m., Affiant
conducted an inspection of the sanitary landfill in Tazewell County,
Illinois, known as Grimm’s Landfill, Illinois Environmental Protection
Agency Site No. 1798180011, operating under IEPA Permit No. 74—7..
3. Affiant Inspected said Grimm’s Landfill site by an on—site
inspection which included walking the site and inter—viewing personnel.
4. Before and after said inspection of said ~IindfIllsite, 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, Afiant completed the Inspection Report Form attached hereto and
86—152
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 Grimm’s Landfill.
Ralph Jones, Environmental Health Specialist
86—153
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
INSPECTION REPORT
County
Thze
w~°//
Site Code
J 1. £ ~ L ~ ~ QJ.L
Facility
G-ri
,~j ~
~
Region
.?
Date
Il//P
/~f7
Time: From 9’:~~QArn To ~14m
Photos Taken: Yes
(# /~)
No
( )
Site Open: Yes
(~)
No
( )
Inspector(s)
/2~~/p/tI~2eS—
Z—II4~I~~
Samples Taken: Yes
(# )
No ~‘) Groundwater
(# )
Surface
(# )
Other
(#
)
Interviewed
/Ytar~(
6r~-1pn
Weather
4’0”F ~et
Facility Phone
____________
Previous Inspection
________________
Previous Correspondence
II
/2~/S’7
OPERATIONAL STATUS:
TYPE
OF
OPERATION:
AUTHORIZATION:
Operating
(X)
Sanitary Landfill
(X)
EPA OP Permit No.
Z,E’34
?t79—?/
Temporarily Closed
( )
Special Waste Landfill
( )
EPA DE Permit No.
_____________
Closed not Covered
( )
Quantity Received Daily
Other ________________________
Closed and Covered
( )
(1-6) ____________________ None _________________________
SITE
OBSERVATION
Failure to comply with the terms and conditions of permit(s)
______________
(Section8Ol.3O2oftheRegulations)
Failure to deposit refuse in the toe of the fill or into the bottom of the
trench(Section8O7,303(a)oftheRegulations)
____
Inadequate spreading and compacting (Section 807.303(b) of the Regulations)
Failure to maintain t~ie proper ratio of the slope of the working face
(Section 807.303(c) of the Regulations)
____
Insufficient operable equipment
(
); personnel
CX);
supervision
( )
available to comply with the permit, the Act or the Regulations
(Section8o7.3o4oftheRegulations)
____
Uncovered refuse remaining from any previous operating day or at the
conclusion of any operating day (Section 21(p)(5) of the Act)
______
Inadequate depth of daily cover (Section 807.305(a) of the Regulations)
______
Inadequate depth of intermediate cover
(Section 807.305(b) of the Regulations)
86—154
1.
2.
_______
3.
4.
______
6.*
X
8.
IL ~32-o8~O
~ fg~i~
UIBB1
Pn. 1
Inadequate depth of final cover (Section 807.305(c)of the Regulations)
... 9.
______
Failure to provide final cover within time limits established by Board
Regulations
(Section 21(p)(6) of the Act and Section 807.305(c) of the Regulations)
...
1O.~______
Failure to collect and contain litter from the site by the end of each
operating day
(Section 21(p)(12) of the Act and Section 807.306 of the Regulations)
11.~______
Causing or allowing salvaging: in an unsanitary manner
(
); in an area
not remote from the operating face
(
); which interferes with or
otherwise delays the operation of the landfill
(
); without removing
salvaged materials daily or separating such materials by type and
storage so as to create a nuisance, vector harborage or unsightly
appearance
( )
(Section 807.307 of the Regulations)
12.
______
Causing or allowing scavenging operations
(Section 21(p)(8) of the Act and Section 807.308 of the Regulations)
13.*______
Causing or allowing feeding of farm or domestic animals upon the
site of the sanitary landfill or with refuse delivered thereto
(Section 807.309 of the Regulations)
14.
Improper deposit, acceptance or handling of burning material at a
sanitary landfill site (Section 807.310(a) of the Regulations)
15.
______
Acceptance of wastes without necessary permits
(Section 21(p)(7) of the Act and Section 807.310(b) of the Regulations)
...
16.~______
Open burning of refuse in violation of: Section 9 of the Act
(
);,
Section 807.311 of the Regulations
( )
(Section 21(p)(4) of the Act)
17.*______
Causing or allowing the operation of a sanitary landfill so as to cause
or threaten or allow the emission of contaminants so as to cause or
tend to cause air pollution in Illinois
(Section 9(a) of the Act and Section 807.312 of the Regulations)
18.
Causing or allowing the operation of a sanitary landfill so as to cause
or threaten or allow the discharge of any contaminants so as to cause
water pollution in Illinois
(Section 12(a) of the Act and Section 807.313 of the Regulations)
19.
Conducting a sanitary landfill operation In a manner which results in
leachate flow entering Waters of the State (Section 21(p)(2) of the
Act and Sections 807.313 and 807.314(e) of the Regulations)
20.*______
Conducting a sanitary landfill operation in a manner which results in
leachate flows exiting the landfill confines (Section 21(p)(3) of the
Act and Sections 807.313 and 807.314(e) of the Regulations)
21.*______
-2—
IL 532—O5~~
LPC
5 (Rev.
~IU6)
Pg. 2
86—155