BEFORE
TIlE ILLINOIS POLLUTION CONTROL BOARD
County ofPerry.
Complainant.
Debbie
Melvin.
Respondent.
)
)
County
AC
#:
)
)
)
RECEIVED
CLERK’S OFFICE
APPEARANCE
I hereby
file my
appearance
in
this proceeding, on
behalf of the County of Perry.
AUG
152005
Ac
-6CSTATE
p~ü~tq?9lltJti0fl
OF ILLINOIS
Control Board
Perry County
Stat&s Attorney
BEFORE
THE ILLINOIS
POLLUTION CONTROL BOARD
County AC #:
PC~U51)T3
RECEIVED
CLERK’S OFFICE
AUG
152005
STATE OF ILLINOIS
Pollution Control Board
TO:
Debbie Melvin
1464
North Division
DuQuoin.
IL 62832
NOTICE OF FILING
PLEASE
TAKE
NOTICE
that
I
have
filed with
the
Office
of the
Clerk
of the Illinois
Pollution
Control
Board
the Complaint for Administrative Citation, a copy of which is
herewith
served
upon
you.
August
12. 2005
Perry County Courthouse
I
Public Square
Pinckneyville.
IL
62274
County of Perry.
Complainant.
Respondent.
Debbie Melvin.
)
)
)
)
)
)
)
)
)
County State’s Attorney
THIS
FILING
IS SUBMITTED ON RECYCLED
PAPER
BEFORE
TIlE
ILLINOIS POLLUTION CONTROL BOARD
AI)IINISTRATIVE
CITATION
County of Perry.
)
RECEIVED
CLERK’S OFFICE
Complainant.
AUG
152005
v.
)
County AC
#:
peostrr3
STATE OF
ILLINOIS
Debbie
Melvin.
)
Pollution
Control Board
)
Respondent.
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the
Illinois
Environmental
Protection Agency
by
415
ILCS
5/I
et
seq.
(1996), specifically4l5
ILCS
5/31.1.
FACTS
1.
The
Respondent
is
the
present
occupant
and
in
control
and
possession
of a
facility
located
in
the County of Perr~.State of Illinois.
2.
The
facility
is
an
open
dump.
operating
without an
Illinois
Environmental
Protection
Agency
Operating
Permit,
and
designated
with
the
Site
Code
#
1450200004.
The
facility
is
known
to the Agency as the Debbie
Melvin Residence.
3.
The
Respondent
has
occupied.
controlled
and/or operated
the
facility
at
all
relevant
times hereto.
4.
On August
1.
2005.
Field
Inspector, Jon
Gregory,
inspected
the
facility.
A true and
correct
copy of the inspection report, along with a signed affidavit, are attached and incorporated
herein by reference as Exhibit
A.
VIOLATIONS
On the
basis
of Field Inspector Jon Gregory’s direct observation during the course of his
August
1.
2005
inspection
of the above named facility,
he
has determined that
the
Respondent
has caused
or allowed
open
dumping
at
the above described
facility in
a manner
that
resulted in
the Ibilowing violations:
(1)
l’hat
respondent caused or allowed
the open dumping ofwaste
in
a manner resulting
in
litter, a violation ofSection 21(pXl) ofthe Act,
415 ILCS
5/21 (p)(l)
(2002).
CIVIL PENALTY
In accordance with
415
ILCS
5/42
(b)(4), the Respondent
is
subject
to
a civil
penalty of
One
Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
violation
specified
above
in
paragraph
I. for a total of One Thousand
Five Hundred Dollars
($1 .500.00).
This
is
total of
Qu~
Thousand
Five
Hundred
Dollars
($1,500.00)
for
this
Citation.
Additionally,
should
the
Respondent
elect
to
petition
the
Illinois
Pollution
Control
Board
under
the
review
process
described
below.
afler
an
adjudicatory
hearing,
the
Respondent
shall
be
assessed
the
hearing
costs
incurred
by
the
Pollution
Control
Board.
The hearing cost would
be
in addition to
the
Qnc
Thousand
Five Hundred Dollars
($I.500.00~
fine.
Pursuant
to
Section
31.l(d)(l)
of the Act,
415
ILCS
5/3l.l(d)(1)
(2002), if Respondents
fail
to
petition
or
elect
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,
your
cheek
should
be
made
payable
to
the
Perry
County’s
Treasurer
Office
and
mailed
to
the
attention
of
Bill
Taylor,
Perry
County
Treasurer,
Perry
County
Government
Building,
P.O.
Box
158,
Pinckneyville,
Illinois,
62274.
Also,
please
complete and
return
the
enclosed
remittance
form,
along with
your payment.
to
assure proper
credit.
Ifany
civil
penalty
is
not
paid within the prescribed time, the law allows
for the
accumulation and
payment of interest on the remaining unpaid balance.
Ifany civil
penalty
is
not paid when due,
the Office ofthe
State’s Attorney shall be requested to
initiate proceedings in
Circuit Court to collect the penalty.
In addition
to the civil
penalty,
hearing costs. and interest,
if
any,
the Perry County
State’s Attorney may seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING
ADMINISTRATIVE
CITATION
You have the right
to
contest this
Citation, pursuant
to
415
ILCS
5/31.1.
If you
elect
to
contest
this
Citation,
you
must
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.
A copy of the Petition for Review shall be filed with the
Perry
County
State’s
Attorney
office.
Section
31.1
of
the
Act
provides
that
any
Petition for Review
shall
he 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.
Your original
Petition must be
filed with
the Clerk ofthe Board at:
The Ilonorable Dorothy Gunn. Clerk
Pollution Control Board
100
West Randolph.
Suite
11-500
Chicago. Illinois
60601
A copy
must also
he sent to:
Office ofthe
State’s Attorney
David
Stanton
Pern’ County Courthouse
I
Public Square
DATED: August 12.2005
IL 62274
N. Stanton
i/Perry County State’s Attorney
BEFORE
THE
ILLINOIS POLLUTION CONTRc~~~~?
AUG
152005
COuNTY OF PERRY
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
County MftrPCO5OI3
v.
)
)
Debbie Melvin
)
Respondent.
)
AFFIDAVIT
Affiant. Jon
M. Gregory. being
first duly
sworn,
voluntarily deposes and states as follows:
I.
Affiant is a field inspector employed by the Perry County Solid
Waste Management
Department
and has been so employed at all times pertinent hereto.
2.
On August
1,2005.
between 8:25 a.m. and 8:33a.m.,
Affiant conducted an inspection
of a disposal
site operated by
Debbie Melvin, located in
Perry County,
Illinois,
and known as the
Debbie Melvin Residence
site by the Perry County Solid Waste Management Department.
Said
site has been assigned site code number 1450200004
by
the Perry County Solid
Waste
Management Department.
3.
Affiant inspected said
Debbie Melvin Residence site by an on-site inspection which
included walking
and photographing the site.
4.
As a
result ofthe material
actions referred to
in paragraph 3
above, Affiant completed
the Inspection Report form attached hereto and 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 said
Debbie Melvin Residence site.
*
Subscribed
and
Sworn to before me
this jjday
of
~CC5
-
J~’
~
Notary
Public
“OFFlCIAL SEAL”
DEBRA
HECX
1
NOTARY PUBLIC.
STATE CF
iLLINOIS
~
UY COMMISSION
EXPIRES
12109)07
~
RECEIVED
CLERKS
OFFICE
REMITTANCE
FORM
AUG
152005
County of Perry.
)
STATE
OF
ILLINOIS
)
Pollution Control Board
Complainant.
)
c~
-o6
V.
)
County AC #:
!tIJ5OTN
Debbie
Melvin.
)
)
Respondent.
)
FACILITY:
Debbie
Melvin Residence
COUNTY:
Perry
DATE OF
INSPECTION:
August
1,2005
SITE CODE:
1450200004
CIVIL PENALTY:
S1.500.00
Date Remitted
_____________________
SS/FEIN
#
____________________
Signature
NOTE
Please include
the information on
the blank lines.
Mail this form with your check to:
Bill Taylor, Perry County Treasurer
Perry County Government Building
P.O. Box
158
Pinckneyville,
IL 62274
Perry
County
Solid Waste
Management
Department
Narrative Inspection Report
Site #:
1450200004
Date: 8/1/05
County:
Perry
Inspector: .Jon Gregory
Subject:
Debbie Melvin Open Dump Site Inspection
General Remarks:
On Monday,
August
1,
an
open dump
site inspection
was
conducted
at the
Debbie
Melvin
residence,
located
at
1464
North
Division
in
DuQuoin
(St.
Johns).
The
inspection
was conducted
as a
follow
up
to
an
inspection
conducted
at
this
site
on
April
26.
2005.
The
initial
inspection
was
conducted
in
response
to
a
complaint
received
by
the
Perry
County
Solid
Waste Management Department.
The inspection was conducted between 8:25
a.m.
and
8:33
a.m.
The weather was clear and sunny with the temperature in the
low 80~s.
Upon
arrival
at the
site,
I observed
a
pile of partially
burned
waste
as
I walked
to
the
front
door of the trailer.
I knocked at the door and there was no
answer.
I began my
inspection
by
photographing the aforementioned burn pile
that measured approximately
8’
x
8’ (Photos
001
—
003.
009).
The
pile
contained
the
burned
remains
of
cans,
bottles,
a
bicycle,
a
bed
frame/mattress, and
two
tires (Photos
001
—
003,
009).
A
car battery
was also
observed to
be
open dumped beside the burn pile (Photo 002).
I
also
observed
a junk
mobile
home
that
is
open
dumped
on
the
north
side of the yard
(Photos
004
&
005).
This
unsightly mobile
home
is
not
useable in
its
present condition
and
is
not
being protected
from
the elements
for future use.
I also
observed
five junk
lawnmowers in
the
yard
(Photos
006
—
008).
None
of the
mowers
appeared
to
be
useable
in
their
present
condition,
nor did
it appear that
they
had
been used recently,
as the grass was growing over the
tires ofthe mower illustrated in
Photo 006.
As
I was concluding my
inspection,
Joe Penske, the boyfriend of Debbie Melvin and co-
inhabitant of the mobile home, came outside to speak with me.
I had met Joe during my April 26
inspection of the residence.
I informed Mr. Penske that it had been well over sixty days since my
last
inspection
and
that
the
property was
still
in violation
of the Environmental
Protection
Act
and
that
he
and
Debbie
Melvin,
the
property
owner,
had
done
nothing
to
comply.
When
questioned.
Mr.
Penske stated that
he
had burned
the waste
to make the
pile
smaller
so that
it
would
fit into a dumpster that he was planning to
rent to
get rid of the waste.
I stated that it was
evident
that
a
tire had
been
burned
in
the
pile
and
Mr.
Penske
denied burning
any
tires.
Mr.
Penske
became very
defensive and
loud
and
began complaining
about
his
neighbors
and their
yards.
Mr.
Penske said
that he
and
Debbie Melvin didn’t
have
to
do
anything
with
the junk
mobile
home.
Mr.
Penske began
using
profanity and told me
to
leave
and
never come back.
I
left the
site at
8:33 a.m.
I estimated that
there was approximately
90 cubic yards of waste
open
dumped at this site.
VInLJrIIVItJM IRL r~u
I tt
I IUN A~tNU
Open Dump Inspection
Checklist
County:
Perry
Location/Site
Name:
Date:
08/01/2005
Time:
From
Inspector(s):
Jon Gregory
No.
of
Photos Taken:
#
9
Interviewed:
Joe Penske
8:25am
To
8:33am
Previous Inspection Date:
Weather:
clear,
sunny,
SOs
Est.
Amt. of Waste:
90
yds3
Samples Taken:
Yes #
Complaint #:
Responsible
Party
Mailing Address(es)
and
Phone
Number(s):
LPC#:
1450200004
Debbie Melvin
Residence
Region:
7
-
Marion
04/26/2005
Nofl
Debbie
Melvin
1464
North
Division
Duouoin,
IL 62832
SECTION
DESCRIPTION
)_VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN
BURNING
Z
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
D
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
E
5.
6.
21(a)
CAUSE
OR ALLOW OPEN DUMPING
Z
21(d)
CONDUCTANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
S
(2)
In Violation
of Any Regulations or
Standards Adopted
by the Board
S
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE ATJTO SITES
NOT MEETING REQUIREMENTS OF ACT
5
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE IN A MANNER WHICH
RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT
THE
DUMP SITE:
(1)
Lifter
Z
(2)
Scavenging
S
.
(3)
Open
Burning
(4)
Deposition of Waste
in Standing or
Flowing Waters
S
(5)
Proliferation of Disease Vectors
S
(6)
Standing or Flowing
Liquid Discharge from
the Dump Site
S
Revised 06/18/200!
(Open Dump
-
I)
LPC
#
1450200004
Inspection
Date:
08/01/2005
:~
~
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
Demolition
Debris
1
9.
55(a)
NO
PERSON SHALL:
(1)
Cause
or Allow Open
Dumping of Any Used or Waste Tire
Z
(2)
Cause or Allow Open
Burning of Any Used or Waste Tire
Z
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
5
11.
722.111
HAZARDOUS WASTE DETERMINATION
S
12.
808.121
SPECIAL WASTE
DETERMINATION
S
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING
PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR
MANIFEST
S
OTHER
REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
____________
—,
Signat~I#~?
Inspector(s)
Informational
Notes
~‘
/
1.
Illinois
Environmental Protection Act: 415
ILCS 5/4.
2.
Illinois Pollution
Control Board:
35
III. 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 Act shall 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.
Revised
06(18/2001
(Open Dump -2)
r.~nviruiiiiientair tutection
~geney
LPC
ft
145021flJUU4 — l’erry
County
Bureau of Land
Division of Land Pollution
Control
DIGITAL
PHOTOGRAPHS
File
Names:
1450200004-08012005---Exp.
#~.jpg
St.
Johns /
Melvin,
Debbie
FOS File
Date:8/1/05
Time: 8:25am
-
8:33am
Direction:
E
Photo
by: Jon Gregory
Exposure #: 001
Comments:
Date:
8/1/05
Time:
8:25am
-
8:33am
Direction:
NE
Photo by: Jon Gregory
Exposure
#: 002
Comments:
Page
I
of5
~“~‘\
111111015 Environmental
Vrotection
Agenty
LPC
if 1450200004—
Perry
County
Bureau of Land
Division
of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names:
1450200004-08012005--(Exp. #~.jpg
St.
Johns /
Melvin, Debbie
FOS
File
Date:
8/1/05
Time: 8:25am
-
8:33am
Direction:
NE
Photo
by:
Jon Gregory
Exposure #:
003
Comments:
Date: 8/1/05
Time:
8:25am
-
8:33am
Direction: N
Photo
by: Jon Gregory
Exposure
#:
004
Comments:
Page
2
of
5
—
—
—
. -----—.. ---.
-
.
-•---~—--‘-~~
-b—.fl.J
l.a
‘—
—
~t.3U~U.JU~rt
—
I
Luff
‘_.uutIty
Bureau of Land
Division of Land
Pollution Control
DIGITAL
PHOTOGRAPHS
File
Names:
1450200004-08012005-—IExp. #J.jpg
St. .Johns /
Melvin,
Debbie
FOS
File
Date: 8/1/05
Time: 8:25am
-
8:33am
Direction:
N
Photo
by: Jon
Gregory
Exposure
#:
005
Comments:
Date: 8/1/05
Time: 8:25am
-
8:33am
Direction: W
Photo
by: Jon
Gregory
Exposure
if:
006
Comments:
Page
3
of
S
lfliIItPI3
raiviiuiiiiientai
rrotection
agency
L1’C
if
1450200004—
Perry
County
Bureau of Land
Division of Land
Pollution Control
DIGITAL PHOTOGRAPHS
File Names:
1450200OO4-O8O12O05—-’~Exp.#i..jpg
St.
Johns / Melvin, Debbie
FOS File
Date: 8/1/05
Time:
8:25am
-
8:33am
Direction: W
Photo
by:
Jon
Gregory
Exposure #: 007
Comments:
Date: 8/1/05
Time:
8:25am
-
8:33am
Direction:
NW
Photo
by: Jon
Gregory
Exposure #: 008
Comments:
Page
4
of
S
——
—
. -- .~_-----.-_~-
-
A ~
Lar~ if
J4)tJhIJ~~I1U’4
—
LU! ‘.Y
t~UUflty
Bureau
of Land
Division of Land Pollution
Control
DIGITAL PHOTOGRAPHS
File Names:
1450200004-08012005—-Exp.
#I.jpg
St.
Johns
/ Melvin, Debbie
FOS
File
Date:
8/1/05
Time: 8:25am
-
8:33am
Direction: S
Photo
by: Jon
Gregory
Exposure #: 009
Comments:
Date:
Time:
Direction:
Photo
by:
Exposure if:
Comments:
PageS
of
5
