ILLINOIS POLLUTION CONTROL BOARD
    May 19, 1988
    IN THE MATTER OF:
    JACK GRIMM,
    )
    AC 88-29
    (Case
    No.
    88—EH 4)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon an April 12, 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
    Jack Grimm on April 11, 1988. The County of Tazewell alleges
    that Jack Grimm has violated Sections 21(p)(5) and 21(p)(l2) of
    the Act.. The statutory penalty established for each of these
    violations 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 3l.l(d)(2) of the Act. Therefore, pursuant to Section
    31.l(d)(l), the Board finds that Jack Grimm 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
    ~
    within 30 days of the date of this Order Jack Grimm
    sha1, 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.
    I, Dorothy NI. Gunn. Clerk of the Illinois Pollution Control
    89—333

    —2—
    Board, hereby certi y that the above Order was adopted on the
    /9)t~
    day of
    *.~ ,
    1988, by a vote of______________
    ~
    Dorothy M. GqIIn, Clerk
    Illinois Pollution Control Board
    89—3 34

    STATE OF ILLINOIS
    ~I2~98S
    COUNTY OF TAZEWELL
    -
    ADMINISTRATIVE CITATION
    )
    —-
    )
    -~State’sAttorney’s File No.
    88—EU
    4
    c~_
    )
    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. 111~,par. 1031.), and delegated
    to Tazewell County pursuant to Ill. Rev. Stat. 1986, Supp., ch. 111¼, para.
    1004(r).
    FACTS
    1. That Respondent1
    Jack
    Grimm,
    ~isthe
    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 2/17/88, 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.
    89—33 5

    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:
    5) Uncovered refuse from previous operating day noted in 2 areas.
    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 (Iii. 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 $1,000.00. 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 L~ollutioa Control 1~oard, in addition
    to the Five 1-Lundred 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 May 16, 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
    If you elect to contest this Administrative Citation, any judgment rendered
    89—336

    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 11, Treniont, 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.
    Ste
    ~F~y
    art Umholtz, Assistant State’s Attorney
    Ralph Jones, Environmental Health Specialist
    Subscribed and Sworn to before me this
    ______
    day of
    £/2..~—~/~
    ,
    1988.
    c~~I
    ~s ~
    Notary Public
    89—337

    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 should be filed with the Tazewell County
    State’s Attorney, attention Stewart Limholtz 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.
    Grimm’s Landfill
    Date:
    89—338

    STATE OF ILLINOIS
    COUNTY OF TAZEWELL
    )
    )
    )
    )
    )
    State’s Attorney’s File No. 88-EU 4
    )
    )
    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 February 17, 1988, between 8:00 a.m. and 9:30 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 8aid 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
    89— 339

    made a part hereof, which, to the beat of Aftiant’a knowledge and belief,
    is an accurate representation of Aft iant’a observations and factual
    conclusions with respect to Grimm’s Landfill.
    Ralph Jones, Environmental Health Specialist
    89—340

    ILLINOIS POLLUTION CONTROL BOARD
    May 19, 1988
    IN THE MATTER OF:
    WASTE MANAGEMENT OF
    )
    AC 88-31
    ILLINOIS,
    )
    (Case No. 88—EH 6)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon an April 13, 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 Management on April 11, 1988. The County of Tazewell
    alleges that Waste Management has violated Section 21(p)(12) of
    the Act. The statutory penalty established for this violation is
    $500.00 pursuant to Section 42(b)(4) of the Act.
    Waste Management 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 3l.l(d)(l), the Board finds that Waste Management 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 Waste
    Management 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 Poguette
    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
    ir~~
    day of
    ,
    1988, by a vote of
    1—~
    ~
    Dorothy M. G~4nn, Clerk
    Illinois Pollution Control Board
    89—341

    STATE OF ILLINOIS
    APR
    1
    3
    I988j~J
    COUNTY OF TAZEWELL
    POLLUTION C0NTR0~0ARD
    ADMINISTRATIVE CITATION
    )
    )
    State’s
    Attornel’8
    File No.
    88—EU 6 \
    )
    -—
    i~_,-
    -~
    )
    Docket
    )
    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. 111¼, par. 1031.), and delegated
    to Tazewell County pursuant to Ill. Rev. Stat. 1986, Supp., ch. 111¼, pare.
    1004(r).
    FACTS
    1.
    That
    Reapondent,(Waate Management of Illinois, Inc~the present
    operator of a facility located in the County of Tazewell, State of
    Illinoi8.
    2.
    That
    said facility is operated as a sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit No. 75—9,
    and designated with site Code No. 1798060002. Said facility is commonly
    known to the Agency as Tazewell County Landfill.
    3. That Respondents have operated
    said
    facility at *13. times
    pertinent hereto.
    4. That an 2/25/88, 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.
    89—342

    VIOLATIONS
    On the basis of direct
    observation of Tazewell County 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 noted in one
    area.
    CIVIL PENALTY
    Pursuant to Public Act 84—1320 (Ill. Rev. Stat. 1986, Supp., ch. 111¼,
    para. l042(b)(4), Respondent herein is subject to a civil penalty of Five
    Hundred Dollars ($ItOO.0Q) 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 s~know1.d~.th.
    violation cited
    hereinabove, the civil penalty
    specified above shall be due and payable no later than May 16, 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
    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.
    89—34 3

    When payment is made, your check should be made payable to Tazeweli
    County Health Department and mailed to Gordon Poquette at the Tazewell
    County Health Department, aR #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
    !ri
    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.
    Stewart Umholtz, Assistant State’s Attorney
    Ralph Jones, Environmental Health Specialist
    Subscribed and Sworn to before me this
    _____
    day
    of
    _______________,
    Notary~ublic
    89—344

    PROCEDURE FOR CONTESTING TLIIS
    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 should be filed with the Tazewell County
    State’s Attorney, attention Stewart timholtz at the Tazewell County Court
    Rouse, 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.
    Tazewell County Landfill
    Date:
    89—345

    STATE OF ILLINOIS
    COUNTY OF TAZEWELL
    )
    )
    )
    )
    )
    State’s Attorney’s File No. 88—EU 6
    )
    )
    Respondent.
    )
    Aft taut, 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 February 25, 1988, between 6:00 a.m. and 7:30 a.m., Afttant
    conducted an inspection of the sanitary landfill in Tazewell County,
    Illinois, known as Tazewell County Landfill, Illinois Environmental
    Protection Agency Site No. 1798060002, operating under IEPA Permit No.
    75—9.
    3. Affiant inspected said Tazewell County Landfill site by an on—site
    inspection which included walking the site and interviewing personnel.
    4. Before and after 8aid 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 sub~jsctsit..
    5. As a result of
    the
    activities referred to in Paragraphs 3 and 4
    above, Affiant completed the Inspection Report Form attached hereto and
    89—346

    made a part hereof, which, to the best of Affiant’s knowledge
    and belief,
    is an accurate representation of Aft iant’s observations and factual
    conclusions with respect to Tazewell County Landfill.
    ~
    I..—
    /~
    Ralph Jones, Environmental Health Specialist
    89—347

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