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