CLERK’S OFFICE
MAR
-
22005
STATE OF ILLINOIS
Pollution ControI~oard
INFORMATIONAL NOTICE’
f
-
IT IS IMPORTANT THAT
YOU
READ THE ENCLOSED
DOCUMENTS.
NOTE:
This
Administrative Citation refers to
TWO
separate State
of Illinois Agencies.
One is the
ILLINOIS POLLUTION
CONTROL BOARD
located
at State
of Illinois Center,
100 West Randolph Street, Suite 11-500,
Chicago,
Illinois
60601.
The other state agency is the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
located at:
1021
North Grand Avenue East, F.O..Box 19276,
Springfield,
Illinois 61794-9276.
If you elect to contest the enclosed Administrative citation,
you must.
file a PETITION
FOR REViEW
with
thirty-five
(35)
days
of the date
the Administrative
Citation was served upon
you.
Any such
Petition
for Review must be filed with the clerk of the Illinois
Pollution Control
Board
by either hand
delivering or mailing to the Board at the address
given above.
Acopy of the Petition for Review should be either
hand-delivered or mailed to the Illinois Environmental
Protection
.
Agency at the address given above and should be
marked to the
ATTENTION:
DIVISION OF
LEGAL COUNSEL.
RECE~VED
BEFORE
THE ILLINOIS POLLUTION
CONTROL
BOARD
CLERK’S OFFICE
ADMINISTRATIVE
CITATION
MAR -2
2005
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA
No.54-05-AC)
)
LEONARD
HARRIS,
.
)
)
Respondent.
)
NOTICE OF
FILING
To:
Leonard Harris
13011
Office Drive
Poplar Grove, IL
61065
PLEASE
TAKE
NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control
Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP iNSPECTION CHECKLIST.
Respectfully submitted,
Special Assistant Attorney General
Illinois Environmental
Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)782-5544
Dated:
March
1, 2005
THIS FILING
SUBMITFED ON RECYCLED
PAPER
RECE~VEi~
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
MAR
-
2
2005
ADMINISTRATIVE
CITATION
STATE OF ILLINOIS
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
(IEPA No.
54-05-AC)
LEONARD HARRIS,
)
)
.
)
Respondent.
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency by Section 31.1
of the Illinois Environmental Protection Act, 415
L
I,LCS 5/31.1
(2002).
.
FACTS
1.
That Leonard
Harris (“Respondent”) is the present owner and
operatorof a facility
located
at
13011
Office
Drive,
Poplar Grove,
Boone
County,
Illinois.
The property
is commonly
known to the Illinois Environmental Protection Agency as Poplar Grove/ Harris Property.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and is designated with Site Code
No. 0070155011.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That
on
January 4, 2005,
Kaare Jacobsen
of the Illinois Environmental
Protection
Agency’s Rockford Regional Office inspected the above-described facility.
A copy of his inspection
report setting forth the results of said inspection
is attached
hereto and made
a part hereof.
VIOLATIONS
Based upon direct observations made by Kaare Jacobsen during the course of his January
4, 2005
inspection of the above-named
facility, the Illinois
Environmental Protection
Agency has
determined that Respondenthas viol~ted
the Illinois Environmental Protection Act (hereinafter, the
“Act”) as follows:
-
(1)
That
Respondent
caused
or
allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
open
burning,
a
violation
of
Section
21(p)(3)
of
the Act,
415
ILCS
5/21 (p)(3) (2002).
CIVIL PENALTY
Pursuart
to
Section
42(b)(4-5) of the Act, 415
ILCS
5/42(b)(4-5)
(2002),
Respondent is
subject
to
a
civil
penalty of
One Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
of
the
violations
identified
above,
for
a
total
of
One
Thousand
Five
Hundred
Dollars
($1,500.00).
If
Respondent
elects
not
to
petition
the
Illinois
Pollution
Control
Board,
the statutory
civil penalty
specified above shall be due and payable no later than March 31, 2005, unless otherwise provided
by order of the Illinois
Pdllution
Control Board.
If Respondent elects to contestthis Administrative Citation by petitioning the Illinois Pollution
Control Board
in accordance with Section
31.1
of the Act, 415 ILCS 5/31.1
(2002), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated hearing costs
incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed
in
addition
to the One Thousand
Five
Hundred
Dollar ($1,500.00)
statutory civil penalty for each
violation.
2
Pursuant to
Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondentfails
to petition or elects not to petition the Illinois Pollution Control
Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution
Control Board
shall
adopt
a
final
order,
which
shall
include
this Administrative
Citation
and findings
of
violation
as
alleged herein, and
shall impose the statutory civil penalty specified
above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection Agency,
1021
North Grand
Avenue East,
P.O.
Box 19276, Springfield,
Illinois
62794-9276.
Along
with
payment, Respondent shall complete
and
return
the
enclosed
Remittance Form to ensure proper documentation of payment.
Ifany civil penalty and/or hearing costs are not paid within the time prescribed byorder of the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or
hearing
costs
shall
be
assessed
againstthe Respondent from the date payment is due
up to and
including the date that payment is
received.
The Office
of the
Illinois
Attorney
General
may
be
requested
to
initiate proceedings
against Respondent in
Circuit Court to collect said
penalty and/or hearing costs,
plus
any interest
accrued.
3
PROCEDURE
FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance with Section
31.1
of the Act, 415 ILCS
5/31/1
(2002).
If Respondent elects to contest
this Administrative
Citation,
then
Respondent shall file
a
signed
Petition
for Review, including
a
Notice
of
Filing,
Certificate
of
Service,
and
Notice
of Appearance,
with
the
Clerk of the
Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago,
Illinois
60601.
A copy of said
Petition for Review shall be filed with
the Illinois
Environmental Protection
Agency’s Division of Legal Counsel at 1021
North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section 31.1
of the Act provides that any Petition for Review shall be filed within
.
thirty-five
(35)
days
of the date
of service
of this Administrative
Citation or the
Illinois ‘Pollution
Control Board shall enter a default judgment against the Respondent.
QIVtQ~-~
Date:
2L/2~
1O~
Renee
Cipriano,
Director
4
~
Illinois Environmental Protection Agency
Prepared
by:
Sus~n
E.
Konzelmann,
Legal Assistant
Division of Legal
Counsel
Illinois
Environmental Protection Agency
1021
North
Grand Avenue East
.
—
P.O.
Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
RECE~VED
CLERK’S
OFFICE
REMITTANCE
FORM
MAR
-2
2005
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION
AGENCY,
)
Complainant,
)~
AC
‘~
~i
V.
)
(IEPA No. 54-05-AC)
LEONARD HARRIS,
)
)
Respondent.
.
.
FACILITY:
.
Poplar Grove/Harris
Property
SITE CODE
NO.:
0070155011
COUNTY:
Boone
CIVIL
PENALTY:
$1,500.00
DATE
OF INSPECTION:
January 4, 2005
DATE REMITTED:
.
SS/FEIN
NUMBER:
SIGNATURE:
NOTE
Please enter
the
date
of your
remittance,
your
Social Security
number
(SS)
if an
individual
or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form.
Be
sure
your
check
is enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmental
Protection
Agency, Attn.:
Fiscal Services,
P.O. Box
19276, Springfield,
Illinois
62794-9276.
5
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
)
Leonard Harris
)
)
IEPA DOCKET NO.
)
Respondent
)
Affiant,
Kaare Jacobsen, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is
a
field inspector employed by the Land Pollution Control Division ofthe
Environmental Protection Agency and has been so employed at all times pertinent
hereto.
2.
On January
4,
2005,
between
11:45
a.m.
and
12:10 p.m.,
Affiant
conducted
an
inspection of an
open
dump,
located in
Boone
County,
Illinois
and known as the
Harris Property by the Illinois Environmental Protection Agency.
Said sitehas been
assigned site code number LPC# 0070155011 by the Agency.
3.
Affiant
inspected
said
site by
an
on-site inspection, which included
walking and
photographing the site.
4.
As aresult of the activities referred to
in Paragraph 3 above, Affiant completed the
inspection Report form attached hereto and made a part hereof, which, to thebest of
Affiant’ s
knowledge
and
belief~, is
an
accurate
representation
of
Affiant’ s
observations and factual conclusions with respect to
said open dump.
Kaare Jacobse
,
EPS III
Subscribed and Sworn to Before Me
this
/1
dayof
~
,2005
r ~
j
Notary Public
.
Commission
Expires
1/10/2007
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
Open
Dump Inspection Checklist
county:
Boone
LPC#:
0070155011
Region:
1
-
Rockford
Location/Site Name:
Poplar Grove/Harris
Property
Date:
01/04/2005
Time:
From
11:45 am
To
12:10 pm
Previous
Inspection Date:
02/04/2003
Inspector(s):
Jacobsen
Weather:
29 degrees, cloudy
No. of
Photos Taken:
#
4
Est. Amt. of Waste:
1
yds3
Samples Taken:
Yes #
No
~
Interviewed:
Leonard
Harris
Complaint #:
C-05-057R
Leonard
Harris
13011
Office Drive
Poplar Grave,
IL 61065
815/895-7045
1~O
2O~
“~Cij
~______
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE,’THREATEN
OR ALLOW AIR POLLUTION
IN ILLINOIS
EZI
2.
9(c)
CAUSE OR ALLOW OPEN
BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
LI
4.
12(d)
CREATE AWATER POLLUTION
HAZARD
LI
5.
21(a)
CAUSE OR ALLOW OPEN
DUMPING
6.
21(d)
CON DUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without
a
Permit
(2)
In
Violation of Any Regulations or Standards Adopted by the
Board
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
8.
21(p)
CAUSE OR ALLOW THE
OPEN
DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
(1)
Litter
•
(2)
Scavenging
LI
•
(3)
Open Burning
:
(4)
Deposition
of Waste
in Standing or Flowing Waters
LI
(5)
Proliferation
of Disease Vectors
-
LI
(6)
Standing
or Flowing
Liquid Discharge from the Dump
Site
Eli
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
~.evised06/18/2001
.
(Open Dump
-
1)
LPC#
0070155011
Inspection Date:
01/04/2005
(7)
Deposition of General
construction
or Demolition Debris; or Clean Construction or Demolition
Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause
or Allow Open Dumping
of Any Used or Waste Tire
El
(2)
Cause
or Allow Open
Burning of Any Used or Waste Tire
LI
35 ILLINOIS ADMINISTRATIVE CODE
REQUIREMENTS
SUBTITLE
G
10.
812.101(a)
FAILURE TO SUBMIT
AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
LI
12.
808.121
SPECIAL WASTE DETERMINATION
El
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE
HAULING PERMIT, UNIFORM
WASTE PROGRAM REGISTRATIONAND
PERMIT AND/OR MANIFEST
•
LI
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(Lii)
PCB;
(LII)
CIRCUIT COURT
CASE NUMBER:
ORDER
ENTERED ON:
15.
OTHER:
Signature of Inspector(s)
1.
Illinois
Environmental
Protection Act: 415 ILCS 5/
2.
Illinois
Pollution
Control Board:
35
Ill.
Adm. Code, Subtitle
G.
3.
Statutory and regulatory references herein are provided for convenience only and should
not be construed as legal
conclusions
of the Agency or as limiting the Agency’s statutory or regulatory powers.
Requirements of some statutes
and regulations cited are in summary format.
Full text of requirements can
be
found in references listed in
1.
and
2.
above.
4.
The provisions of subsection (p)
of Section
21
of the Illinois
Environmental Protection Actshall
be enforceable either•
by administrative
citation under Section 31.1
of the Act or by complaint under Section
31
of the Act.
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the
Illinois
Environmental Protection Act:
415 ILCS
5/4(c)
and (d).
6.
Items marked with
an “NE” were not evaluated at the time of this
inspection.
Informational
Notes
~evised 06/18/2001
(Open Dump
-
2)
0070155011-Boone County
RECEIVED
Poplar Grove/Harris
Property
FIR
i
8
2005
NARRATIVE INSPECTION REPORT
~
On January
4,
2005,
I (Kaare Jacobsen)
conducted
a complaint
inspection
at the Harris
Property in Poplar Grove, Illinois.
The inspection was based on a compliant that wasbrought to the
attention to theRockford Regional Office during that day.
Thecomplaint indicates that the ownerof
the
property is
allowing
individuals
to
burn construction
debris
on his
premises.
The
above
referenced facilityis located one mile south from the intersection ofHighway 76 and Highway 173
in Poplar Grove, Illinois.
Agency correspondence should be addressed to the owner/operatorofthe
property, Leonard Harris.
A separate inspection report will sent to the building cbntactor in regards to the burning of
-
building debris.
Prior to this inspection, owner/operator have been sent two
letters for open burning on two
separate occasions.
First,
an
Administrative
Citation Warning Notice was
sent to
the owner for
burning recyclable and landscape waste was sent on September
25,
2001.
Eventually, all violations
that were cited during that inspection, were resolvedduring a January 2, 2001, follow-up inspection.
The second burning incident occurredon February 4,2003, were as the ownerutilized transfer waste
to ignite apile oflandscape waste.
ANon-compliance Advisory Letterwas sent and as followed up
with a Return to Compliance letterwhen in owner indicated (in writing) that all burning oftransfer
waste would be ceased.
Upon arrival at 11:45
a.m., Iwitnessed burning activity, occurring on the premises ownedby
Leonard Harris.
The burning was caused by a contracted business, in which were in the process of
constructing storage~garages
on the east side ofthe property.
Photographs 007015501 1—~010405-001
through 003 indicate a pile ofconstruction debris set on fire
Photograph 007015501 1—010405 faces
east indicating smoke,
from the burn pile, viewed from
an access road.
Before the departure the
contractors were advised that the fire should be put out
and cleaned up.
During the time ofthe inspection, I went to Leonard Harris’ office, located adjacent to the
propertyofwere the burning activity had occurred.
Mr. Harriswas briefed on what had occurred on
his premises, during the time of the discussion.
In conclusion, solid waste management standards were discussed at length with Mr. Harris.
Mr.
Harris indicated that he will cease all
burning of construction
debris
on
his premises.
The
inspection concluded at 12:10
The following solid waste violations were cited during the complaint
inspection:
9(a),
9(c),
21(a),
21(d)(1),
21(d)(2),
21(e),
21Q)(1),
21(p)(3)
and
2l(p)(’7) of the
Environmental Protection Act and 812.101(a) of35 Illinois Administrative Code.
STATE OF ILLINOtS
ENVIRtJN~E14TALPROTECTIO~4
AGENCY
SITE
SKETCH
Date of Inspection:
‘~
Site Code:
OQ7~J~~2f
L
Site Name:
Inspector:
County:
Time:
~
p ~
/I4r~-~.s
I2~o~
7~,
~S~LL
\~
-~
g~
~O/s~o/,I~-1_
0/o~’~~-c~o/
XL
532—1502
E~
,~i1
1(1/flu
LPC# 0070155011
—
Boone County
Poplar Grove/Harris Property
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
01-04-05
TIME:
11:46 a.m.
DIRECTION:
south
PHOTO by: Jacobsen
PHOTO
FILE
NAME:
0070155011-010405-001
COMMENTS:
burning of
construction debris
DATE:
0 1-04-05
TIME:
11:46 a.m.
-
DIRECTION:
southwest
PHOTO by:
Jacobsen
PHOTO
FILE NAME:
007015501
1—010405-002
COMMENTS: burning of
construction debris
..
.~
-‘
—~
~
~
-
~
~--~r
~.
~
_I
LPC # 0070155011
—
Boone
County
Poplar
Grove/Harris Property
FOS File
DATE:
0 1-04-05
TIME:
11:47 a.m.
DIRECTION: north
PHOTO by:
Jacobsen
PHOTO FILE NAME:
0070155011~-O104O5-0O3
COMMENTS: burnt remains of
insulation.
DATE:
0 1-04-05
TIME:
11:52 a.rñ.
-
DIRECTION: east
PHOTO by:
Jacobsen
PHOTO
VILE
NAME:
0070155011—010405-004
COMMENTS: smoke viewed
froman access road
DIGITAL PHOTOGRAPH PHOTOCOPIES
PROOF OF SERVICE
I hereby certify that I did on the 1st dayofMarch 2005, send by Certified Mail, ReturnReceipt
Requested, with postagethereon fullyprepaid, by depositing in a United States PostOffice Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Leonard Harris
13011
Office Drive
Poplar Grove, IL
61065
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite
11-500
Chicago, Illinois 60601
-
-
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
