ILLINOIS POLLUTION CONTROL BOARD
June 30, 1988
IN THE MATTER OF:
WASTE LIMITED, INC.,
)
AC 88—56
(Case No. 88—EU 11)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a May 23, 1988 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
Waste Limited on May 23, 1988. The County of Tazewell alleges
that Waste Limited has violated Sections 21(p)(5), 21(p)(12) and
21(p)(l) of the Act. The statutory penalty established for each
of these violations is $500.00 pursuant to Section 42(b)(4) of
the Act.
Waste Limited 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 31.1(d)(2) of the Act. Therefore, pursuant to
Section 3l.1(d)(1), the Board finds that Waste Limited 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 Waste Limited
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.
U
Tremont, Illinois 61568
IT IS SO ORDERED.
90—579
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif~that the above Order was adopted on the
~c~- day of
,
1988, by a vote of
7—°
Dorothy M.Aunn, Clerk
Illinois ~‘ollution Control Board
90—580
STATE OF ILLINOIS
COUNTY OF TAZEWELL
ADMINISTRATIVE CITATION
)
In The Matter Of:
)
State’s Attorney’s File No.
86—EU
11
Waste Limited, Inc.
)
)
Docket No.
Ac ~f1~
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority
vested in the Illinois Environi~iental Protection Agency by
Public Act
84—1320
(111. Rev. Stat. 1986, Supp., ch. 111I~, par.-~.lO31.), and delegated
to Tazewell County pursuant
to Ill. Rev. Stat. 1986,
Supp.,
cU.
111~, para.
1004(r).
FACTS
1. That Respondent, Waste Limited, Inc., 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 Envirorunental 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
Respondents
have
operated Bald facility at all times
pertinent hereto.
4.
That
on
4/28/88,
Laiph
Jonsa, of
the
County of
Tazawell,
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.
90— 581
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.
1985, ch.
111½, para. 1021(d), in
a manner which resulted in the following conditions:
5) Uncovered refuse remaining from any previous operating day noted
in two
areas.
12) Failure to collect and contain litter from the site by the end of
each operating day noted
in two areas.
1) Refuse in standing or flowing water noted In four areas.
CIVIL
PENALTY
Pursuant to Public Act 84—1320 (Iii.
Rev.
Stat.
1986, Supp., ch.
111!~,
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 in a finding of
the
violations alleged
herein, after an adjudicatory hearing, you
shall
be assessed the associated
hsarin~ costs $ncurs~s4 by the I~1iuoii
~‘ollutta~
CoDt~o~~oar4, 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
June 21, 1988. If
you do not petition the Illinois Pollution Control Board for review of this
Administrative Citation within thirty—five (35) days of service hereof or
90—582
if you elect to contest this Administrative Citation, any judgment
rendered
against you shall specify the due date of the statutory civil penalty and
any costs assessed agaIn8t 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, Tre.mont, 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 ~nayinitiate
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.
Isiph Jones, ~nvL~oum.ntalhealth Specialist
Subscribed and
Sworn
to before me this
J7~day of
~
,
1988.
Notary Public
9 0—583
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 ahould 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:
90—584
STATE OP ILLiNOIS
COUNTY OF TAZEWELL
In The Matter Of:
)
Waste Limited, Inc.
)
)
)
State’s Attorney’s File No. 88—EN 11
)
Respondent.
)
Affiaiat, Ralph Jones, being first duly sworn, voluntarily deposes and
states as follows:
1. Affiant is a field inspector employed by the County of Tazewell
arid has been so employed at all times pertinent hereto.
2. On April 28, 1988, between 5:45 a.m. and 7:45 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 interviewing 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
90— 585
made a part hereof, which, to the best of Aftiant’a knowledge and belief,
is
an accurate representation of Affiant’s observations and factual
ecrn~lusions with respect to Pekin Metro Landfill.
Ralph Jones, Environmental Health Specialist
90—536