ILLINOIS POLLUTION CONTROL
    BOARD
    April
    21,
    1988
    IN THE ~‘4ATTEROF:
    STEVE ZIM~4ERMAN,
    )
    AC
    88—21
    (Case No. 88—EH
    2)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a March 11,
    1988
    filing
    of
    an Administrative Citation pursuant to Section
    31.1
    of
    the Illinois Environmental Protection Act
    (Act)
    by
    the Tazewell
    County Health Department.
    ~ copy of that Administrative Citation
    is attached hereto.
    Service of
    the Administrative Citation was
    made upon Steve Zimmerman on March
    10,
    1988.
    The Tazewell County
    Health Department alleges
    that Steve Zimmerman has violated
    Sections 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.
    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 31.1(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 two
    (2)
    such violations,
    the total
    penalty to be imposed
    is set at $1,000.00.
    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
    $1,000.00,
    which
    is
    to be sent
    to:
    Gordon Poquette
    Tazewell County Health Department
    R.R.
    #1
    Tremont,
    Illinois
    61568
    IT
    IS SO ORDERED.
    88—381
    —2—
    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______________
    s Pollution Control Board
    88382
    STATE OF ILLINOIS
    COUNTY OF
    ADMINISTRATIVE CITATION
    J~
    )
    )
    State’s Attorney’s File No. 88—EU
    2
    )
    )
    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.
    111k,
    par.
    1031.),
    and delegated
    to Tazewell County pursuant to Ill. Rev.
    Stat.
    1986,
    Supp., ch.
    111k,
    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 1/20/88, 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.
    88—383
    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. 111~,para.
    1021(d),
    in
    a manner which resulted
    in the following conditions:
    11)
    Failure
    to submit financial assurance documents.
    12)
    Failure
    to collect and contain litter from
    the site.
    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 $1,000.00.
    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 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 than April 9
    ,
    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 judgment rendered
    against you shall specify
    the due date of
    the statutory civil penalty and
    any
    ~
    -~sessedi~instyou.
    88—384
    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
    1/1, 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.
    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.
    St wart Umholtz, Assistant State’s Attorney
    Ralph Jones, Environmental health Specialist
    Subscribed and S~ornto before me this
    ____
    day of
    ______________,
    1988.
    7
    Notary Public
    88—385
    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. 1ll~,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,
    Fekin,
    Illinois.
    Pekin Metro Landfill
    Date:
    STATE
    OF
    ILLINOIS
    COUNT?
    OF
    TAZEWELL
    )
    )
    )
    )
    State’s Attorney’s
    File No.
    88—EH
    2
    )
    )
    Respondent.
    )
    Affiant, Ralph Jones, being first duly sworn, voluntarily deposes and
    states as follows:
    1..
    Afftant is a
    field
    inspector employed by the County of Tazewell
    and has been
    so employed at all
    times pertinent hereto.
    2.
    On January
    20,
    1988,
    between 6:00
    a.in.
    and 8:00 a.m.,
    Afflant
    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.
    Afflant 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
    88—387
    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
    88—388

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