ILLINOIS POLLUTION CONTROL BOARD
June
30,
1988
IN THE MP~TTEROF:
WASTE LIMITED,
INC.,
)
AC 88—55
(Case No. 88—EH 10)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon
a May 23,
1988 filing
of
an Administrative Citation pursuant
to Section 31.1
of the
Illinois Environmental Protection Act
(Act)
by the County of
Tazewell.
A copy of
that
administrative Citation
is attached
hereto.
Service of
the Administrative Citation was made upon
Waste Limited on May 23,
1988.
The County
of Tazewell alleges
that Waste Limited has violated Sections 21(p)(5),
21(p)(12)
and
2l(p)(l)
of
the Act.
The statutory penalty established for each
of
these violations
is $500.00 pursuant
to Section 42(b)(4)
of
the Act.
Waste Limited
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 3l.l(d)(l),
the Board finds that Waste Limited 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 Waste Limited
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.
90—57 3
—2—
I, Dorothy M. Gunn, Clerk
of
the Illinois Pollution Control
Board, hereby certi~.y that the above Order was adopted
on
the
‘~r~day of
,
1988,
by
a vote of_______________
Dorothy
M. ~
Clerk
Illinois Po.Ylution Control Board
90—574
STATE OF ILLINOIS
COUNTY OF TAZEWELL
ADMINISTRATIVE CITATION
)
In The Matter Of:
)
State’s Attorney’s File No. 88—ER
10
Waste Limited,
Inc.
)
)
Docket
No.
~4
C.
STIIT
Respondent.
)
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. 111~, par.
1031.), and
delegated
to Tazewell County pursuant
to Ill.
Rev.
Stat.
1986, Supp.,
ch.
111½, para.
1004(r).
FACTS
1.
That Respondent, Waste Limited,
Inc.,
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 4/21/88,
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.
90—575
VIOLATIONS
On the basis
of direct observation of Pekin Metro
Landfill,
the
CuulLty
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 any previous operating day noted
in two areas.
12)
Failure
to collect and
contain litter from
the site
by
the cud
of
each operating day noted
In four areas.
1)
Refuse in standing or
flowing water noted
in one areas.
CIVIL PENALTY
Pursuant to Public Act 84—1320
(Ill.
Rev. Stat.
1986,
Supp.,
ch.
111½,
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 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 June
21,
198H.
if
you do not petition the Illinois
Pollution Control
l3oard for review of
this
Administrative Citation within
thirty—five
(35) days
of service heteof
or
if
you
elect
to
contest
this
Administrative
Citation,
any
judgment
rendered
90—576
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 Ui, 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~rt
Umholtz, Assistant State’s Attorney
Ralph Jonea, ~nvironinental
Haalth Spacialiat
Subscribed and Sworn to before me this
)
7~~daYof
______________,
1988.
Notary Public
90—577
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.
111½,para.
1031.1).
If
you elect to contest
this Administrative Citation, you must file a
Petition for Review with
tha
Clerk of
the
Illinoja 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:
90—578