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