ILLINOIS POLLUTION CONTROL BOARD
December 15,
1988
IN THE MATTER OF:
)
PCB AC 88—75
PCB AC 88—80
STEVE ZIMMERMAN AND WASTE,
LTD.,
)
PCB AC 88—81
INC.
)
PCB AC 88—85
)
PCB AC 88—86
Respondents.
)
(CONSOLIDATED)
DOCKET A
STEWART J. UMHOLTZ,
ESQ., ASSISTANT STATE’S ATTORNEY FOR TAZEWELL
COUNTY, APPEARED ON BEHALF OF THE COMPLAiNANT, COUNTY OF
TAZEWELL.
DANIEL M.
REAVY, 830.,
OF MOHAN,
ALEWELT AND PRILLAMAN, APPEARED
ON BEHALF OF THE RESPONDENTS, STEVE ZIMMERMAN AND WASTE, LTD.
OPINION AND ORDER OF THE BOARD:
(by M.
Narduili):
This
matter comes before the Board upon the filing of five
Administrative Citations by the State’s Attorney
of Tazeweil
County (hereinafter
“Tazewell County”)
and the filing
of Petition
for Review
in each matter
by
the Respondents,
Steve Zimmerman and
Waste,
Ltd,
Inc.
Both filings are pursuant
to III.
Rev. Stat.
1986, Supp.,
ch. l1l~ par.
1031.1
of the Illinois Environmental
Protection Act (hereinafter “Act”).
On an agreed
to motion by
the parties,
these
five
Administration Citation cases were
consolidated by a Board order
of December
15,
1988.
Two hearings was held on this matter.
The first was on
October
25,
1988
in Pekin, Tazewell County.
This hearing covered
the complaints
alleged
in AC 88—75,
AC 88—80
and AC 88—81.
No
members
of the public were present and no witness were called by
either party.
Instead,
the parties announced
an agreement
in
these matters.
Tazewell County withdrew the complaints
originally filed
in AC 88—75,
AC
88—80 and AC 88—81 alleging that
the Respondents were operating
a landfill, without
a permit
granted by the Illinois Environmental Protection
gency
in
violation
of paragraph 21(d)(l) and/or 21(o)(7)
of the Act
(RI.
4—5).
The Respondents agreed
not
to contest
the remaining count
in 88—75 alleging
a violation of 2l(o)(l2)
of
the Act.
The second hearing was
held on November
29,
1988
in Pekin,
Tazewell County.
This hearing covered
the complaints
alleged
in
AC
88—85 and AC 88—86.
Again,
no members
of
the public were
present
and the parties called no witnesses.
Instead, Tazewell
County conceded
that
the allegations
that the Respondents
94—153
—2—
operated
the landfill without
a permit,
in violation of paragraph
21(d)(l)
and/or 2l(p)(7)
of the Act were unfounded and were being
withdrawn by Tazewell County.
The Respondents agreed not to
contest the remaining count
in AC 88—95 alleging
a violation
of
2l(p)(S)
of the Act
(R2.
at 3).
Based on the agreements presented at the hearings,
the Board
upholds
the allegation from AC 88—75 and AC 88—85
that the
Respondents violated paragraph 21(p)(12)
and 21(p)(5)
of the Act
on June 28,
1988 and August
19,
1988,
respectively.
No
violations will
be found
in the remaining counts.
BACKGROUND
The Respondents, Steve Zimmerman and Waste,
Ltd,
Inc.,
are
the present operators of
the Pekin ~1etroLandfill,
a sanitary
landfill located
in Tazewell County.
The sanitary landfill
is
operated under Illinois Environmental Protection
gency Permit
No.
70—45.
On June
28,
1988
and, Mark Kimbrell,
of Tazeweil
County,
inspected
the above described landfill.
On the basis
of
the direct observation of Mr. Kimbrell, Tazewell County
determined
that the Respondents violated paragraph 2l(p)(l2)
by
failing
to collect and contain litter by the end
of an operating
day.
Mr. Kimbrell again
inspected the site on August 19,
1988
and observed that the Respondents had violated paragraph 21(p)(7)
of the Act by allowing uncovered refuse remaining
in the landfill
from a previous operating
day.
DETERMINATION OF VIOLATION
At the hearings,
the Respondents conceded
to the counts
alleging violation of 2l(o)(l2)
on June
28,
1988
(R1.5)
and
21(p)(5)
on August 19, 1988
(R2.6) and the Respondent has made
no
claim that the violation was the result of uncontrollable
circumstances that would excuse the violation under par.
103l.l(d)(2)
of the Act.
Therefore,
the Board finds that the
violations did occur
as alleged
by Tazewell County.
PENALTIES
Penalties
in Administrative Citation actions
of the type are
prescribed by Section 42(b)(4)
of
the Act,
to wit:
In an administrative citation action
under Section 31.1 of this
Act,
any
person found
to have violated any
provision
of subsection
(p)
of
Section
21
and
of this Act shall pay
a civil penalty of $500
for each
violation of such provision,
plus
94—154
—3—
any hearing costs incurred by the
Board and the Agency.
Such
penalties
shall be made payable
to
the Environmental Protection Trust
Fund
to be used
in accordance with
the provision of “An Act creating
the Environmental Protection Trust
Fund”, approved September
22, 1979,
as amended; except that
if
a unit of
local government
issued the
administrative
citation,
50
of
the
civil penalty
shall
be payable to
the unit
of
local government.
Respondents will therefore be ordered
to pay
a civil penalty
of $1000.00 based
on the violations as herein found.
For
purposes
of review,
today’s action (Docket
A) constitutes
the
Board’s
final action on the matter
of
the civil penalty.
Respondent
is
also required
to pay hearing costs
incurred by
the
Board and Tazewell County.
At hearing,
the parties
stated
that they had agreed that
the Respondents would pay no hearing
costs
(RI.
at
.).
However, Tazewell County
is not empowered to
waive hearing cost due
to the Board and the Board will not be
bound
by this agreement.
The Clerk
of the Board and Tazeweil
County are,
therefore,
be ordered
to each file
a statement
of
costs,
supported by affidavit,
with
the Board and with service
upon the Respondents.
If Tazewell County decides
not
to impose
their own hearing costs on
the Respondents,
they should inform
the Board
of this decision,
supported
by
affidavit.
Upon receipt
and subsequent
to appropriate
review, the Board will
issue
a
separate
final
order
in
which
the
issue
of
costs
is
addressed.
Additionally, Docket
B will
be opened
to treat all matters
pertinent to the issue
of costs.
This Opinion constitutes
the Board
findings
of fact and
conclusion
of
law
in this matter.
ORDER
1)
Respondent
is hereby
found
in violation,
as alleged,
of
Ill. Rev. Stat.
1986,
Supp.,
Ch.
1l1~/2, par.
lO2l(p)(l2)
and l02I(p)(5).
2)
Within
45 days of this Order
of December
15,
1988,
Respondent shall, by certified
check or money order,
pay a civil penalty
in the amount
of $500.00 payable
to the Environmental Protection Trust
Fund.
Such
payment shall be sent
to:
Illinois Environmental Protection Agency
94—155
—4—
Fiscal Service Division
2200 Churchill Road
Springfield,
IL
62706
3)
Within
45 days
of this Order
of December 15,
1988,
Respondent shall, by certified check or money order,
pay a civil penalty
in
the amount of $500.00 payable
to Tazewell County Health Department.
Such payment
shall
be sent
to:
Gordon Pouquette
Tazewell County Health Department
R.R #1
Tremont,
IL
61568
4)
Docket A
in this matter
is hereby closed.
5)
Within
30 days
of
this Order
of December
15,
1988,
the State’s Attorney of Tazewell County shall
file
a
statement
of its hearings costs,
supported
by
affidavit,
with the Board and with service upon
Respondent.
Within
the
same
30
days,
the
Clerk
of
the Pollution Control Board
shall
file
a statement
of
the
Board’s
costs,
supported
by
affidavit
and
with service upon Respondent.
Such filings shall
be
entered
in Docket B
of this matter.
6)
Respondent
is hereby given leave
to file
a
reply/oblection
to
the
filings
as
ordered
in
4)
within
45
days
of
this
Order
of
December
15,
1988.
Section
41 of
the Environmental Protection Act,
Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
1041,
provides for appeal of Final
Orders of
the Board within
35 days of the issuance of Final
Orders.
The Rules
of the Supreme Court of Illinois establish
filing requirements.
IT SO ORDERED.
I,
Dorothy
M Gunn, Clerk of
the Illinois Pollution Control
Board, hereby certify
that
the above Opinion and Order was
adopted
on the
_____________
day of
~
1988,
by a vote of
7~0
.
/
/
__—;~_
/
Dorothy M. ~unn,
Clerk,
Illinois Pollution Control Board
94—156