ILLINOIS POLLUTION CONTROL BOARD
December
15,
1988
IN THE MATTER OF:
JACK
I.
GRIMM,
)
AC 88-91
(Case No.
88—EH 20)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the Board upon
a November
7,
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
Jack Grimm
on
November
5,
1988.
The County
of Tazewell
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
oayable
to
the Tazeweli
County Health Department,
pay a penalty
in the arncunt
of
S500.00
which
is
to he sent
to:
Gordon Poquette
Tazeweil
County
Health Department
R.R.
~l
Tremont,
Illinois
61568
IT
IS
SO
ORDERED.
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois PoHution Control
Board, hereby certify
~hat
the above
Order
was
adopted
on
the
/~~-
day of
•~~2~-t_--
,
1988,
by
a
vote
of
-7-
1
1
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1.
-
Dorothy
M./Gunn,
Clerk
Illinois
Pollution
Control
Board
04—157
STATE OF ILLINOIS
COUNTY OF TAZEWELL
ADMINISTRATIVE CITATION
)
In The Matter Of:
)
State’s Attorney’s File No. 88-EH—20
Jack
I. Grimm
)
)
PCB Docket No. AC 88-fl
Respondents.
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority vested
in the Illinois Environmental Protection Agency
by Public Act 84—1320
(111.
Rev.
Stat.
1986,
Supp.,
ch.
111
1/2,
par.
1031.),
and delegated
to
Tazewell
County pursuant
to
Iii.
Rev.
Stat.
1986,
Supp.,
ch.
111 1/2,
para.
1004(r),
or otherwise
as provided by law.
FACTS
1.
That Respondent,
Jack
I.
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,
allegedly
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
Respondents
have
operated
said
facility
at
all
times
pertinent
hereto.
4.
That
on
October
11,
1988,
Mark
Rimbrell,
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.
4—i 5S
VIOLATIONS
On
the
basis
of
direct
observation
of
Mark
Kimbrell,
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 1/2,
para.
1021(d)
,
in
a manner which resulted
in
the following conditions:
5)
Uncovered refuse remaining from previous operating day.
CIVIL PENALTY
Pursuant to Public Act 84—1320
(Ill.
Rev.
Stat.
1986,
Supp.,
ch.
ill 1/2,
para.
1042
(b) (4),
Respondent herein is subject to
a
civil
perialt.y
of
Five
Hundred
Dollars
($500.00)
fcr
each
violation
specified
above
in
Paragraph
One
(1).
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
35
days
from
date
of
service.
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
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 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
off
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.
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
Board,
if
any;
the
State’s
Attorney
will
seek
to
04—159
recover
their
costs
of litigation.
nvironmenta
Health
Specialist
____________________________________
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O7C.~c~f
County,
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Subscribed and Sworn to before me this
~
day of
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,
1988.
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Notary
Public
-
94—160
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. 111 1/2,
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
J.
Umholtz at the Tazewell County Courthouse,
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
Courthouse,
Pekin,
Illinois.
Date:
Jack I. Grimm, Grimm’s Landfill
BY:
94—161
BEFORE TRE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
COUNTY OF TAZEWELL
ADMINISTRATIVE CITATION
In the Matter of:
)
Jack I. Grimm
)
S.
A. File No. 88—EH-20
)
)
Respondent.
)
PCB Docket No. AC 88-_
AFFIDAVIT
Mark Kimbrell,
being
first duly
sworn, voluntarily deposes
and states as follows:
1.
I
am
a
field
inspector
employed
by
the
County
of
Tazewell and has been so employed at al
times pertinent
hereto.
2.
On October
11,
1988,
I conducted an
inspection of the
sanitary landfill
in Tazewell County,
Illinois,
known as Grimm’s
Landfill,
Illinois Environmental Protection Agency
Site No.
74-
71, allegedly operating under IEPA Permit NO.
1798180011.
3.
I
inspected
the Grimm’s
Landfill
site
by
an
on-site
inspection
which
included
walking
the
site
and
interviewing
personnel.
4.
Before and after such inspection of the landfill site,
I
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,
I
completed the Inspection Report Form attached
hereto and made
a part hereof,
which,
the best of my knowledge
and belief,
is an accurate representation of my observations and
factual conclusions with respect to Pekin Metro Landfill.
Environmental Heal h Specialist
94—162