ILLINOIS POLLUTION CONTROL BOARD

August

4,

1988

IN THE MATTER OF:

STEVE

ZIMMERMAN,

)

AC 88—58

(Case No.

88—EH 13)

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 2l(p)(l),

2l(p)(5),

21(p)(7) and 21(p)(l2)

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 31..l(d)(2)

of

the Act.

Therefore,

pursuant to

Section 31.1(d)(1),

the Board

finds that Steve Zimmerman has

violated each and every provision alleged

in the Administrative

Citation.

Since there are four

(4) such violations,

the total

penalty to be imposed

is set at $2,000.00.

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

$2,000.00, which

is

to be sent

to:

Gordo.n Poquette

Tazewell County Health Department

R.R.

#1

Tremont,

Illinois

61568

IT IS SO ORDERED.

91—203

---

—2—

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify

that the above Order was adopted on the

~5l

day of

~

,

1988,

by

a vote of

7—0

Ill

S

Control Board

91—204

---

STATE OF ILLINOIS

~

0

t98~

COUNTY

OF

TAZEWELL

pc~iIj~

~

ADMINISTRATIVE

CITATION

)

In

The

Matter Of:

)

State’s Attorney’s File No. 88—EH

13

Steve Zimmerman

)

)

Docket No.

AC

Respondent.

)

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.

111I~,par.

1031.), and delegated

to Tazewell County pursuant

to 111. Rev.

Stat.

1986, Supp., ch. 1l1~,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 6/1/88, 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.

91—205

---

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.

111¼, para.

1021(d), in

a manner which resulted in the following conditions:

1)

Refuse

in

standing

or

flowing

water.

5)

Failure

to

cover

refuse

from

the

previous

operating

day.

7)

Acceptance

of

wastes

without

necessary

permits.

12)

Failure

to collect and contain litter from the previous operating

day.

CIVIL

PENALTY

Pursuant to Public Act 84—1320

(Ill. 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

$2,000.00.

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 coats incurred

by

tha

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 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

91—206

---

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

Il,

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

Illiftois

Pollution

Control

Board,

if

any;

the

State’s

Attorney

will

seek

to

recover

their costs of litigation.

Stewart

Umholtz,

Assistant

State’s

Attorney

~

~

Ralph

Jones,

Environmental

ealth

Specialist

Subscribed and Sworn to before me this

_____

day of

________________,

1988.

Notary

Public

91207

---

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE

CITATiON

You

have

the

right

to

contest

this

Administrative

Citation.

See

Public Act 84—1320 (111.

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

should

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

Rouse,

Pekin, Illinois.

Pekin Metro Landfill

Date:

91-208

---

STATE OF ILLINOIS

COUNTY OF TAZEWELL

In The Matter Of:

)

Steve

Zimmerman

)

)

)

State’s Attorney’s File No.

88—ER

13

)

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 June

1,

1988, between 5:50 a.m. and 7:30 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—209

---

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 Health Specialist

91—210