ILLINOIS POLLUTION CONTROL BOARD
February 4,
1988
IN THE MATTER OF:
PEKIN METRO LANDFILL
)
AC 87—127
(87—EH
8)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a December
23,
1987
filing of an Administrative Citation pursuant
to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Tazewell
County Health Department.
A copy of
that Administrative Citation
is attached hereto.
Service of the Administrative Citation was
made upon Pekin Metro Landfill on December
18,
1987.
The
Tazewell County Health Department alleges that Pekin Metro
Landfill has violated Sections 2l(p)(S), 21(p)(ll) and 2l(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.
Pekin Metro Landfill 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 3l.l(d)(l),
the Board
finds that Pekin Metro Landfill
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 Pekin Metro
Landfill 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.
86—157
—2—
I, Dorothy
M. Gunn, Clerk
of the Illinois Pollution Control
Board
hereby certi
y that the above Order was adopted on the
__________day
of
,
1988 by
a vote
of
-~
Dorothy M.
unn, Clerk
Illinois Pollution Control Board
86—158
e23
t987ffl1
STATE OF ILLINOIS
pT?l~~OARD
-
COUNTY OF
ADMINISTRATIVE CITATION
)
)
State’s Attorney’s File No.
87—ElI 8
)
)
Docket No.
JURISDICTION
This Administrative Citation
is issued pursuant
to
the authority
vested in the Illinois Environmental Protection Agency by Public Act
84—1320 (Iii. Rev.
Stat.
1986, Supp., ch.
111½, 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,
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,
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 Respondent has operated said facility at all times pertinent
hereto.
4.
That on 11/24/87,
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.
86—159
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.
111½, para.
1021(d),
in
a manner which resulted in
the following conditions:
5)
Uncovered refuse remaining from previous operating day.
11)
Failure
to submit financial assurance documents.
12)
Failure
to collect and contain litter from the site by the end
of each operating day.
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 coats 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 than January
16,
1988.
If you do not petition the Illinois Pollution Control Board for review of
this Administrataive Citation within thirty—five (35) days of service
hereof or if you elect
to contest this Administrative Citation, any
86—160
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 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.
Ralph Jones
nvironinental H
th Specialist
Subscribed and Sworn
to before me this
)
7~’day ~
,
1987.
LLI~4~
NotaryPublic
~
86—161
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 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 House,
Pekin, Illinois.
Pekin Metro Landfill
Date:
86—162
STATE OF ILLINOIS
COUNTY OF TAZEWELL
)
)
)
)
)
State’s Attorney’s File No.
87—ElI 8
)
)
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 November 24,
1987, between 6:00 a.m. and 8:00 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
86—163
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, Et~’ironmentalHealt
Specialist
86—164
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
INSPECTION REPORT
County
__________________
Site Code
L1i~.
~QQ...L
Facility
~
~
,4/7J~
~
~
Jf-~
//
Region
3
Date
/1’
/2~~’/(c’
7
Time:
From
Q~:O~~rn
To
Q~:~o44rn Photos Taken: Yes
(#
)
No
(
)
Site Open:
Yes
(/)
No
(
)
Inspector(s)
/?~~
4
~‘t’°5
7~’~
~(~/),
Samples Taken: Yes
(#
)
No
~~y)
Groundwater
(#
)
Surface
(#
)
Other
(#
)
Interviewed
yec/3~omt..//PWeather
31a~y
Facility Phone No.~~)3~27?
Previous Inspection
l~,~~/~c’7
Previous Correspondence
I(/2~3,/p
7
OPERATIONAL
STATUS:
TYPE
OF
OPERATION:
AUTHORIZATION:
Operating
(X)
Sanitary
Landfill
(
)
EPA
OP
Permit
No.
7O~~’5’
Temporarily
Closed
(
)
Special
Waste
Landfill
(
)
EPA
DE
Permit
No.
_____________
Closed
not
Covered
(
)
Quantity
Received
Daily
Other
_________________________
Closed
and
Covered
(
)
(1-6)
___________________
None
_________________________
SITE
OBSERVATION
Failure to comply with the terms and conditions of permit(s)
______________
~Section
807.302 of the Regulations)
Failure to deposit refuse
in the toe of the fill or into the bottom of the
trench (Section 807.303(a) of the Regulations)
Inadequate spreading and compacting
(Section 807.303(b)
of the Regulations)
Failure to maintain the proper ratio
of
the slope of the working face
(Section 807.303(c) of the Regulations)
____
Insufficient operable equipment
(
); ~p~rsonnel
(
); supervision
(
)
available
to comply with the permit,
the Act or the Regulations
(Section 807.304 of the Regulations)
Uncovered refuse remaining from any previous operating day or at the
conclusion of any operating day (Section 21(p)(5) of the Act)
______
Inadequate depth of daily cover (Section 807.305(a) of the Regulations)
______
Inadequate depth of intermediate cover
(Section8o7.305(b)oftheRegulations)
____
86—165
1.
2.
3.
4.
______
5.
6.*
X
7.X
8.X
IL
532—O5~B
I_pc
5
fRay.
gISBJ
Pg.
I
Inadequate depth of
final
cover
(Section 807.305(c)
of the Regulations)
...
9.
Failure to provide final
cover within time limits established by Board
Regulations
(Section 21(p)(6)
of the Act and Section 807.305(c)
of the Regulations)
...
l0.~______
Failure to collect and contain litter from the site by the end of each
operating day
(Section 21(p)(12)
of the Act and Section 807.306 of the Regulations)
11.~______
Causing or allowing salvaging:
in an unsanitary manner
(
);
in an area
not remote from the operating face
(
);
which interferes with or
otherwise delays the operation of the landfill
(
); without removing
salvaged materials daily or separating such materials by type and
storage so as to create a nuisance, vector harborage or unsightly
appearance
(
)
(Section 807.307 of the Regulations)
12.
Causing or allowing scavenging operations
(Section 21(p)(8)
of the Act and Section 807.308 of the Regulations)
13.*______
Causing or allowing feeding of farm or domestic animals upon the
site
of the sanitary landfill or with refuse delivered thereto
(Section8o7.3o9oftheRegulations)
14.
Improper deposit, acceptance or handling of burning material
at a
sanitary landfill
site
(Section 807.310(a)
of the Regulations)
15.
Acceptance of wastes without necessary permits
(Section 2l(p)(7)
of the Act and Section 807.310(b) of the Regulations)
...
16.~______
Open burning of refuse in violation of: Section 9 of the Act
(
);
Section 807.311 of the Regulations
(
)
(Section 21(p)(4) of
the Act)
17.*______
Causing or allowing the operation of a sanitary landfill
so as to cause
or threaten or allow the emission of contaminants
so as to cause or
tend
to cause air pollution
in Illinois
(Section 9(a)
of the Act and Section 807.312 of the Regulations)
18.
Causing or allowing the operation of a sanitary landfill
so as
to cause
or threaten or allow the discharge of any contaminants so as to cause
water pollution in Illinois
(Section 12(a)
of the Act and Section 807.313 of the Regulations)
19.
Conducting a sanitary landfill operation
in a manner which results in
leachate flow entering Waters of the State (Section 21(p)(2) of the
Act and Sections 807.313 and 807.314(e)
of the Regulations)
20.*______
Conducting a sanitary landfill operation in
a manner which results in
leachate flows exiting the landfill
confines (Section 21(p)(3)
of the
Act and Sections 807.313 and 807.314(e)
of the Regulations)
.......
21.*______
—2—
IL
532—D5’IU
I_PC 5 (Rev. ~l851
Pg.
2
86—166
Inadequate: shelter
(
); sanitary facilities
(
); emergency comniuni-
cations
(
)
for employees (Section 807.314(a) of the Regulations)
22.
______
Inadequate roads within the
site (Section 807.314(b) of the Regulations)
..
23.
______
Inadequate control
of access to site
(Section 807.314(c) of the Regulations)
24.
______
Inadequate measures for fire protection
(Section 807.314(d) of the Regulations)
25.
______
Inadequate measures to monitor and control leachate
(Section8o7.314(e)oftheRegulations)
26.
____
Inadequate measures to control: dust
(
); vectors
(
)
(Section8o7.314(f)oftheRegulations)
27.
____
Failure to have
an operational
safety program approved by the Agency
(Section8O7.314(g)oftheRegulations)
28.
____
Inadequate provision for concealing sanitary landfill operations
from
public view (Section 807.314(h) of the Regulations)
29.
______
Causing or allowing development or operation of a sanitary landfill with-
out having proven to
the Agency’s
satisfication that no damage or hazard
will
result to Waters of the State (Section 807.315 of the Regulations)
...
30.
______
Failure to monitor:
gas
(
);
water
(
); settling
(
)
after the site
is
completed or closed (Section 807.318(a)
of the Regulations)
.....
31.
______
Failure to take necessary remedial
action to abate any gas
(
);
water
(
);
settling
(
)
problems after the site
is completed or closed
(Section8Ol.318(b)oftheRegulations)
32.
_____
Failure to properly file
a detailed description of the site upon completion
or closure of the site (Section 807.318(c) of the Regulations)
............
33.
______
Refuse in standing or flowing water (Section 21(p)(1) of the Act)
34•*_____
Deposition of refuse in any unpermitted portion of the landfill
(Section 21(p)(9) of the Act)
.....
35.~
Acceptance of special
waste without a required manifest
(Section 21(p)( 10) of the Act)
.
.
. .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
. .
.
.
.
.
.
36.*
/
Failure to submit reports required by permits or Board Regulations
(Section 21(p)(11) of the Act)
37~*
~
Acceptance of special waste for disposal, storage or treatment from
a
waste hauler that does not have a valid special waste hauling permit
(Section8O9.302(a)oftheRegulations)
38.
_____
-3-
IL
532—0515
LPC
5
(Rev.
QIfl51
P..
3
86—167