ILLINOIS POLLUTION CONTROL BOARD
March 24, 1988
IN THE MATTER OF:
)
STEVE ZIMMERMAN,
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AC 88—9
(87—EU 9)
Respondent.
ORDER OF TUE BOARD:
This matter comes before the Board upon a February 9, 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 Steve Zimmerman on February 8, 1988. The Tazewell
County Health Department alleges that Steve Zimmerman has
violated Sections 2l(p)(5) and 2l(p)(ll) 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 3l.l(d)(2) of the Act. Therefore, pursuant to
Section 31.1(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.
87—245
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Boarcj, hereby certfy that the above Order was adopted on the
~
of
,
1988, by a vote of______________
Dorothy M. Gánn, Clerk
Illinois Pollution Control Board
87—246
STATE OF ILLINOIS
FEB 9~1
I—s
STATEO~~WN0IS~
COUNTY OF
~Ot~UT10N~ONTRO&BOARD
ADMINISTRATIVE CITATION
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State’s Attorney’s FIle No. 87—EU 9
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)
Docket No. ~
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JURISDICTION
This Administrative Citation is issued pursuant to the authority
vested in the Illinois Envirunmencal Protection Agency by Public Act
84—1320 (Ill. Rev. Stat. 1986, Supp., ch. 111~,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, 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 L~rotection 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 12/29/87, Ralph Jones, of the County of Tazewell,
inspected the above—described landfill facility. A copy of ihe Inspection
Report setting forth the results of such inspection is attached hereto and
made a part hereof.
87—24 7
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:
5) Uncovered refuse remaining from previous operating day.
11) Failure to submit financial assurance documents.
CIVIL PENALTY
Pursuant to Public Act 84—1320 (lii. 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
Cue (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 March 5, 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 costs assessed against you.
87—248
When payment is uiade~your check should be made payable to Tazeweil
County Health Department and mailed to Gordon Poquette at the Tazewell
County Health Department, RR ill., 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. ln addition to
the previously assessed ci.vil penalty and hearing costs of the Illinois
Pollution Control Board, If any; the State’s Attorney will seek to recover
their costs of litigation.
Stewart Uwholtz, Assistant State’s Attorney
Ralph Jones, Environmental Health Specialist
Subscribed and Sworn to before me this
____
day of~-~
g1~1~ ,
1988.
2
Notary Public
87—24 9
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. 1l1~,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 Rouse,
Pekin, Illinois.
Pekin Metro Landfill
Date:
87—2 50
STATE OF ILLINOIS
COUNTY OF TAZEWELL
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)
)
)
State’s Attorney’s File No. 87—EU 9
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Respondent.
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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 December 29, 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
87—25 1
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
87—252