ILLINOIS POLLUTION CONTROL BOARD
May 19,
1988
IN THE MATTER OF:
)
WASTE MANAGEMENT OF
)
AC 88-31
ILLINOIS,
)
(Case No.
88—ElI
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 2l(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 3l.l(d)(2)
of the Act.
Therefore,
pursuant
to
Section 31.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 Poquette
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
/~7tI~
day
of
,
1988,
by a vote of
i—~~
)2~.
,~
Dorothy M.
G nn, Clerk
Illinois Pollution Control Board
89—341
tM
APR
131988
STATE OF ILLINOIS
JUL
COUNTY
OF
TAZEWELL
PLN
CONTROL
OSOARD
ADMINISTRATIVE CITATION
)
)
State’s Attorney’s File No. 88—ER 6
)
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,
para.
1004(r).
FACTS
1.
That &espondent,~WaateManagement of Illinois.
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. 75—9,
and designated with site Code No.
1798060002.
Said facility is commonly
known to
the Agency as Tazewell County Landfill.
3.
That ~aapond.nt.
have
operated said gacutty at all times
pertinent hereto.
4.
That
on 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,
pars.
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. 111~,
pars.
1042(b)(4), Respondent herein is subject
to a civil penalty of
Five
Hundred Dollars
($Uflo.0O) 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.
It
you
acknow1ed~.
the
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—343
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,
RB. #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 !n 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.
Ralph Jones, Environmental Health Specialist
Subscribed and Sworn
to before me this
______
day
of
_________________,
Sea.
Notary~Public
89-344
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 Uutholtz 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.
)
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 25,
1988,
between 6:00 a.m. and 7:30 a.m., Affiant
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 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
itt..
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 Affiant’s observations and factual
conclusions with respect to Tazewell County Landfill.
Ralph Jones, Environmental Health Specialist
89—347