ILLINOIS POLLUTION CONTROL BOARD
    April
    21,
    1988
    IN THE MATTER OF:
    JACK GRIMM,
    )
    AC 88—20
    (Case No. 88—EH
    1)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before
    the Board upon a March
    10,
    1988
    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 Jack Grimm on March
    9,
    1988.
    The Tazewell County
    Health Department
    alleges
    that Jack Grimm has violated Section
    2l(o)(12)
    of the Act.
    The statutory penalty established
    for this
    violation
    is $500.00 pursuant
    to Section 42(b)(4) of the Act.
    Jack Grimm 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 Jack Grimm 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 Jack Grimm
    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.
    I,
    Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify,that
    the above Order was adopted on the
    -~~__dayof
    ~L.(~(
    ,
    1988,
    by a vote
    of
    ~‘—~
    Dorothy M.
    Gánn,
    Clerk
    Illinois Pollution Control Board
    88—373

    STATE OF ILLINOIS
    MAR ~0 ~
    COUNTY
    OF
    STATE
    oc
    IW~O(S
    POWJTIOP$ cO~4TRO~.
    8OA~
    ADMINISTRATIVE
    CITATION
    )
    State’s Attorney’s File No. 88—EM
    1
    )
    )
    Docket No.
    )
    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. 1ll~,par.
    1031.),
    and delegated
    to Tazewell County pursuant to Ill. Rev. Stat.
    1986,
    Supp., ch. 111~,para.
    1004(r).
    FACTS
    1.
    That Respondent, Jack Grimm,
    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. 74—71,
    and designated with site Code No. 1798180011.
    Said facility is commonly
    known to the Agency as Grimm’s
    Landfill.
    3.
    That Respondent has operated said facility at all times pertinent
    hereto.
    4.
    That on 1/14/88, 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—374

    VIOLATIONS
    On the basis
    of direct observation of Grimm’s 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:
    12)
    Failure
    to collect and contain litter from the site by the end of
    each operating day noted in three
    (3) areas.
    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 $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 than April 9,
    1988.
    If
    you do not petition the Illinois Pollution Control Board for review of
    this
    Adniinistrataive 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
    88—375

    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, 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.
    S ewart Umholtz, Assistant State’s Attorney
    Ralph Jones, Environmental Health Specialist
    Subscribed and Sw rn
    to before me this
    day of
    ____________,
    1988.
    Notary Public
    88—37 6

    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right
    to contest this Administrative Citation.
    See
    Public Act~84—132O(Ill. 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 Ckerk 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.
    Grimm’s Landfill
    Date:
    88—37
    7

    STATE OF ILLINOIS
    COUNTY OF TAZEWELL
    )
    )
    )
    )
    State’s Attorney’s File No. 88—EM
    1
    )
    )
    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 January
    14,
    1988, between 8:00 a.m. and 9:00 a.m.,
    Affiant
    conducted an inspection of
    the sanitary landfill in Tazewell County,
    Illinois, known as Grimm’s Landfill, Illinois Environmental Protection
    Agency Site No. 1798180011, operating under IEPA Permit No.
    74—71.
    3.
    Affiant inspected said Grimm’s Landfill site
    by an on—site
    inspection which included walking the site and inter—viewing 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
    ~i
    above, Affiant completed
    the Inspection Report Form attached hereto and
    88—37 8

    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 Grimm’s Landfill.
    Ralph Jones, Environmenta
    health Specialist
    88—379

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