ILLINOIS POLLUTION CONTROL BOARD
    June 30, 1988
    IN THE MATTER OF:
    WASTE LIMITED, INC.,
    )
    AC 88—56
    (Case No. 88—EU 11)
    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
    21(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 31.1(d)(2) of the Act. Therefore, pursuant to
    Section 3l.1(d)(1), 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.
    U
    Tremont, Illinois 61568
    IT IS SO ORDERED.
    90—579

    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif~that the above Order was adopted on the
    ~c~- day of
    ,
    1988, by a vote of
    7—°
    Dorothy M.Aunn, Clerk
    Illinois ~‘ollution Control Board
    90—580

    STATE OF ILLINOIS
    COUNTY OF TAZEWELL
    ADMINISTRATIVE CITATION
    )
    In The Matter Of:
    )
    State’s Attorney’s File No.
    86—EU
    11
    Waste Limited, Inc.
    )
    )
    Docket No.
    Ac ~f1~
    Respondent.
    )
    JURISDICTION
    This Administrative Citation is issued pursuant to the authority
    vested in the Illinois Environi~iental Protection Agency by
    Public Act
    84—1320
    (111. Rev. Stat. 1986, Supp., ch. 111I~, par.-~.lO31.), and delegated
    to Tazewell County pursuant
    to Ill. Rev. Stat. 1986,
    Supp.,
    cU.
    111~, 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 Envirorunental 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 Bald facility at all times
    pertinent hereto.
    4.
    That
    on
    4/28/88,
    Laiph
    Jonsa, of
    the
    County of
    Tazawell,
    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— 581

    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.
    111½, 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 end of
    each operating day noted
    in two areas.
    1) Refuse in standing or flowing water noted In four areas.
    CIVIL
    PENALTY
    Pursuant to Public Act 84—1320 (Iii.
    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 $1,500.00. Additionally, should you elect to
    petition the Illinois Pollution Control Board under the review process
    described hereinbelow, and if there in a finding of
    the
    violations alleged
    herein, after an adjudicatory hearing, you
    shall
    be assessed the associated
    hsarin~ costs $ncurs~s4 by the I~1iuoii
    ~‘ollutta~
    CoDt~o~~oar4, 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, 1988. If
    you do not petition the Illinois Pollution Control Board for review of this
    Administrative Citation within thirty—five (35) days of service hereof or
    90—582

    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 agaIn8t 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, Tre.mont, 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 ~nayinitiate
    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.
    Isiph Jones, ~nvL~oum.ntalhealth Specialist
    Subscribed and
    Sworn
    to before me this
    J7~day of
    ~
    ,
    1988.
    Notary Public
    9 0—583

    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. 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 ahould 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,
    Pekin, Illinois.
    Pekin Metro Landfill
    Date:
    90—584

    STATE OP ILLiNOIS
    COUNTY OF TAZEWELL
    In The Matter Of:
    )
    Waste Limited, Inc.
    )
    )
    )
    State’s Attorney’s File No. 88—EN 11
    )
    Respondent.
    )
    Affiaiat, Ralph Jones, being first duly sworn, voluntarily deposes and
    states as follows:
    1. Affiant is a field inspector employed by the County of Tazewell
    arid has been so employed at all times pertinent hereto.
    2. On April 28, 1988, between 5:45 a.m. and 7:45 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
    90— 585

    made a part hereof, which, to the best of Aftiant’a knowledge and belief,
    is
    an accurate representation of Affiant’s observations and factual
    ecrn~lusions with respect to Pekin Metro Landfill.
    Ralph Jones, Environmental Health Specialist
    90—536

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