ILLINOIS POLLUTION CONTROL BOARD

November

29,

1988

IN THE MATTER OF:

)

STEVE ZIMMERMAN and WASTE

)

 AC 88—88

LIMITED,

 INC.,

)

 (Case No. 88—EH 19)

Respondents.

ORDER OF THE BOARD:

This matter

 comes before

 the Board upon an October

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

Steve Zimmerman and Waste Limited on October

17,

 1988.

The

County of Tazewell alleges that Steve Zimmerman and Waste Limited

has violated Section 2l(p)(7) of the Act.

 The statutory penalty

established for

 this violation

 is $500.00 pursuant to Section

42(b)(4)

 of the Act.

Steve Zimmerman and 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 3l.l(d)(2)

 of the Act.

Therefore,

 pursuant to Section 31.l(d)(l),

 the Board

 finds that

Steve Zimmerman and Waste Limited 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 Steve

Zimmerman and Waste Limited shall, by certified check or money

order

 payable

 to the Tazewell County Health Department, pay a

penalty

 in the amount of $500.00 which

 is to be sent to:

Gordon Poquette

Tazewell County Health Department

R.R.

#1

Tremont,

 Illinois

61568

IT

 IS SO ORDERED.

93—68 1

I, Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Board,

 hereby certify that the above Order was adopted on the

 day of

 1988, by

 a vote of

T—~’

Dorothy Mf Gunn,

 Clerk

Illinois ~PollutionControl Board

93—682

STATE OF ILLINOIS

COUNTY OF TAZEWELL

____________

~S1A1EOf ~WNOIS

~UU1tON

CONTROL BO~R9

 ADMINISTRATIVE CITATION

)

In The Matter Of:

)

 State’s Attorney’s File No.

 88-EH-19

Steve Zimmerman and

)

Waste Limited, Inc.

)

 PCB Docket No. AC 88-i~

Respondents.

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.

 ill 1/2,

par.

 1031.),

 and delegated to Tazewell County

 pursuant

to

 Ill.

Rev.

 Stat.

 1986,

 Supp.,

ch.

 111 1/2, para.

 1004(r),

 or otherwise

as provided by law.

FACTS

1.

 That Respondents,

 Steve Zimmerman and Waste

 Ltd,

 Inc.,

are the present operators 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.

 70-4 5,

 and designated with site Code

No.

 1798050001.

 Said facility is commonly known to the Agency as

Pekiri Metro Landfill

3.

 That

 Respondents

 have

 operated

 said

 facility

at

all

times pertinent hereto.

4.

 That on September 7,

 !~988, between 5:30 and 7:00

 a.m.,

Mark Kimbrell,

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.

93—683

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.

lii

 1/2,

 para.

 1021(d),

in

 a manner which

resulted in the following conditions:

16)

 Acceptance of wastes without necessary permits. Section

21(p)(7) of the Act.

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

 penalty

of

 Five

 Hundred

 Dollars

 ($500.00)

for

 each

violation specified above

 in Paragraph One

 (1),

for

 a total

of

$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 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

 4~1,

 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.

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

93—684

assessed

 civil

 penalty

and

 hearing

 costs

of

the

 Illinois

Pollution

 Board,

if

 any;

the

 State’s

 Attorney

 will

 seek

to

recover their costs of litigation.

‘.J~LLLJ.’~2.L~.

Environm~’tal Health Specialist

Su~scribedand Sworn to before me this

~

 day of

1tOFFJCt~LSEAL”

SANDRA

SCHOTT

~ Notary PubLIc

Fazewe!t County,

Illinois

Cammi~ionEepi~es

Sept.

27,

1990

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.

 tiinholtz

 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:

 Waste Ltd.,

 Inc.

BY:

93—685

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

COUNTY OF TAZEWELL

ADMINISTRATIVE CITATION

In the Matter of:

)

Steve Zimmerman and

)

Waste Ltd,

 Inc.

)

S.

 A. File No.

 88-EH-19

)

Respondent.

)

 PCB Docket No. AC 88-22

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 September 7,

 1988,

 I conducted an inspection

 of the

sanitary

 landfill

in

 Tazewell

 County,

 Illinois,

 known

as

 Pekin

Metro Landfill,

 Illinois Environmental Protection Agency Site No.

1798050001, allegedly operating under IEPA Permit NO.

 70—45.

3.

 I inspected the Pekin Metro 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 Health Specialist

Subscribed and Sworn to before me this

 day of

~?,j&,~~_-

 1988.

..~,•

~

Pub1 i

93—686