ILLINOIS POLLUTION CONTROL BOARD
    August
    4,
    1988
    IN THE MATTER OF:
    )
    STEVE ZIMMERMAN,
    )
    AC 88—57
    )
    (Case No. 88—EH 12)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before
    the Board upon
    a June 10,
    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
    Steve Zimmerman on June
    8,
    1988.
    The County
    of Tazewell alleges
    that Steve Zimmerman has violated Sections 21(p)(5),
    21(p)(l2)
    and 2l(p)(1)
    of the Act.
    The statutory penalty established for
    each
    of these violations
    is
    $500.00 pursuant to Section
    42(b)(4)
    of the Act.
    Steve
    Zimmerman 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 3l.l(d)(2)
    of the Act.
    Therefore, pursuant
    to
    Section 31.l(d)(l),
    the Board
    finds that Steve Zimmerman 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 Steve
    Zimmerman 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.
    9 1—195
    —2—
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on the
    ~
    day of
    ~~_._-j~-
    ,
    1988, by
    a vote of
    7—C
    Dorothy
    M. ~nn,
    Clerk
    Illinois Pd~tlutionControl Board
    91—196
    \~\~
    ~
    ~
    IltM
    JUN
    101988
    STATE
    OF
    ILLINOIS
    COUNTY
    OF
    TAZEWELL
    ~
    ADMINISTRATIVE
    CITATION
    )
    In The Matter Of:
    )
    State’s
    Attorney’s File No. 88—ER
    12
    Steve Zimmer~aan
    )
    )
    Docket No.
    4j
    5(57
    Respondent.
    )
    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 Tazewell County pursuant
    to Ill. Rev.
    Stat.
    1986,
    Supp., ch. 111~,para.
    1004(r).
    FACTS
    1.
    That
    Respondent,
    Steve
    Zimmerman,
    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 Respondents have operated said facility at all times
    pertinent hereto.
    4.
    That on 5/16/88, Ralph Jones, of
    the County of Tazewell,
    inspected the above—described landfill facility.
    A copy
    of
    the
    Inspection
    Report Betting forth the results of such inspection
    is attached hereto and
    made a part hereof.
    91—197
    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. lll~~,
    para.
    1021(d), in
    a manner which resulted in the following conditions:
    5)
    Failure
    to cover refuse from the previous operating day.
    12)
    Failure
    to collect and contain litter from the previous operating
    day.
    1)
    Refuse
    in standing or flowing water.
    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
    $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 sech finding of
    violation.
    If you acknowledge
    the violations cited hereinabove,
    the civil penalty
    specified above shall
    be due and payable no later than July 11,
    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
    if you elect
    to- contest
    this Administrative Citation,
    any judgment rendered
    91—198
    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,
    P.R 11, 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.
    SteiJ~rtUutholtz, Assistant-State’s Attorney
    Ralph Jones, Environmental Health Specialist
    Subscribed and Sworn
    to before we
    this
    _____
    day of
    _______________,
    1988.
    Notary Public
    91—199
    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~,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 Utnholtz 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,
    Illir’ois.
    Pekin Metro Landfill
    Date:
    91—200
    STATE
    OF
    ILLINOIS
    COUNTY
    OF
    TAZEWELL
    In The Matter Of:
    )
    Steve
    Zimmerman
    )
    )
    )
    State’s Attorney’s File No. 88—EU. 12
    )
    Respondent.
    )
    Affiant, Ralph Jones, being first duly
    sworn, voluntarily deposes and
    states as
    follows:
    1.
    Afflant
    is a field inspector employed by the County of Tazewell
    and has been so employed at all times pertinent hereto.
    2.
    On May
    16,
    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
    91—201
    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.
    Ralph Jones, Environmental
    aith Specialist
    9 1—202

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