CLERR~S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT ~i
2003
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution
Control B
COUNTY OF
VERMILION, ILLINOIS,
)
oar
Complainant,
)
AC No.
*
—~
)
v.
)
County File No.
03-03
)
VILLAGEOFTILTON,
.
)
)
Respondent
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the
Illinois Environmental Protection Agency by sections 4(e) and 31.1 ofthe Illinois
Environmental Protection Act (“Act”),
415
ILCS
5/4(e), 5/31.1,
and delegated to
Vermilion County pursuant to section 4(r) of the Act, 415 ILCS
5/4(r).
.
FACTS
1.
Respondent, Village ofTilton,
is, and was at all times relevant to this
Administrative Citation, contracted as the operator ofproperty located
southeast ofthe intersection of
1st
Avenue and
15th
Street, recorded with the
Supervisor ofAssessments as DOR 0768
and
DOR
0772, Tilton, County of
Vermilion, State ofIllinois.
..
2.
Said property is operated as
an unlicensed open dump, and designated with
Illinois Environmental Protection Agency Site Code No.
1830905032.
3.
On August
25,
2003, Douglas Toole of the Vermilion
County Health
Department inspected the above-described property.
Douglas Toole’s
Affidavit and a copy ofhis inspection report are attached hereto and made a
part hereof by reference.
VIOLATION
On the
basis ofthe direct observation of Douglas Toole, the County ofVermilion
has determined that on August
25,
2003, Respondent was
conducting an unlicensed open
dump at the above-described address, which is required to have a permit pursuant to 415
ILCS
5/21(a)
oftheAct,
in amanner which resulted in the following conditions:
A.
Open dumping resulting in
open burning was observed at the site, in
violation ofSection 21Q)(3) ofthe Act, 415
ILCS
5/21(p)(3),
which
provides no person shall.. .cause or allow the open dumping ofany waste
in a manner which results in
.
.
.
open burning.
CIVIL PENALTY
Pursuant to section
42(b)(4-5)
ofthe Act, 415 ILCS
5/42(b)(4-5),
Respondent
herein
is subject to
a civil penalty of One Thousand Five Hundred Dollars ($1500.00) for
the above-mentioned violation.
Additionally, should Respondent elect to
petition the
Illinois Pollution Control Board under the review process described herein, and if there is
a finding ofthe violation alleged herein after an adjudicatory hearing, Respondent shall
be assessed the associated hearing costs incurred by the Illinois Pollution Control Board,
in addition to the One Thousand Five Hundred Dollar ($1500.00) statutory penalty for the
violation.
PROCEDURE FOR CONTESTING
THIS
ADMINISTRATIVE
CITATION
You have the right to contest this Administrative Citation under section 31.1(d) of
the Act,
415 ILCS
5/31.1(d).
Ifyou
elect to contest this Administrative Citation, you
must file a Petition for Review with the Clerk ofthe Illinois
Pollution Control Board, at
the
State ofIllinois Center,
100 West Randolph Street, Suite 11-500, Chicago, Illinois
60601,
Such Petition for Review must be filed withinthirty-five
(35)
days ofthe date of
service ofthis Administrative Citation, or a default judgment will be issued by the Illinois
Pollution Control Board.
A copy of the Petition for Review should be filed with the
Vermilion County State’s Attorney’s Office,
7 North Vermilion Street, Danville, Illinois
61832.
.
Ifyou acknowledge the violation cited herein, the civil penalty specified above
shall be due and payable no
later than November 21, 2003.
Ifyou do not petition the
Illinois Pollution
Control Board for review ofthis Administrative Citation within thirty-
five (35) days ofservice hereof and have not paid the civil penalty by the
due date stated
above, or if you elect to contest this Administrative Citation, any judgment rendered shall
specify the due date ofthe statutory civil penalty and any costs
assessed against you.
When payment is made, your check should be made payable to the County of
Vermilion, Illinois, and mailed to
the Vermilion County Health Department, 200 South
College Street, Danville, Illinois 6.1832,
together with a completed copy ofthe
Remittance Form attached hereto.
.
Ifany civil penalty, by reason ofacknowledgment, default or finding after
adjudicatory hearing, is not paid when due,
the Vermilion County State’s Attorney may
initiate proceedings in the Circuit Court to collect said civil penalty.
In addition to
the
previously assessed civil penalty and any hearing costs ofthe Illinois Pollution Control
Board, the State’s Attorney’s Office will seek to
recover its costs oflitigation.
4
1~
(1
1)
~
Dated:
~\7_~’/o-~~
_____________
Frank R. Young\
\
(
)
State’s Attorney’~r
Vethrftlion County
•
JeYnnifeL4~~~
Assistant
ate’
Attorney
Prepared by:
.
•
Jennifer Riggs
.
Office ofthe State’s Attorney
.
7 N. Vermilion St.
-.
Danville, IL 61832
.
217-554-7750
•
.
REMITTANCE FORM
IN THE MATTER OF
.)
•
)
ACNo.___
VILLAGE OF TILTON,
•
)
.
County File No.
03-03
)
Respondent.
)
Facility/Property:
•
DOR 0768 and DOR 0772, Tilton,Illinois
County:
•
Vermilion
Date of Inspection:
August25, 2003
SiteCodeNo.:
1830905032
Civil Penalty:
$1500.00
Date Remitthd:
_________________
.
.
SSN/FEIINNo.:
___________
Signature:
.
•
•
NOTE
•
.
Please enter the date ofyour remittance, your Social SecurityNumber (SSN) if an
individual, orFederal Employer Identification Number (FEIN) if a business, and sign this
Remittance Form.
Your check should be made out to the County ofVermilion, Illinois.
Be sure your check is enclosed with this Remittance Form and mail to: Vermilion County
Health Department, 200
S. College Street, Danville, Illinois 61832.
RECE~V~D
CLERK’S
OFFICE
OCT
312003
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~-ATE
OF ILLINOIS
•
•
Pollution
Control Board
•
•
AFFIDAVIT
IN THE MATTER OF
VILLAGE OF TILTON,
)
AC No.
____
•
)
•
County File No. 03-03
Respondent.
)
The Affiant, Douglas Toole, being first duly sworn, voluntarily deposes and states
as follows:
1.
Afflant is a field inspector employed by the Vermilion County Health
Department and has been so employed at all times pertinent hereto.
2.
On August
25,
2003, between 2:20 p.m.
and 2:30 p.m.,
Affiant conducted an
•
inspection ofproperty located southeast ofthe intersection ofl~
Avenue
and
15th
Street, recorded with the Supervisor ofAssessments as DOR 0768 and
DOR 0772, within the County ofVermilion, State ofIllinois, operated by
Village ofTilton.
3.
Affiant inspected the property by an on-site inspection, which included
wailcing on the site.
•
4.
Prior to
said inspection, Affiant had reviewed Illinois Environmental
Protection Agency permits issued to
the subject site.
5.
As
a result ofthe activities referred to
in paragraphs 2,
3 and 4 above, Affiant
completed the Solid Waste Landfill Inspection Checklist, with the
accompanying Inspection ReportNarrative, Site Sketch and photographs,
attached hereto and made a part hereof, which, to
the best ofAfflant’s
knowledge and belief, is an
accurate representation ofAffiant’ s observations
and factual conclusions with respect to
the property located southeast ofthe
intersection of
1St
Avenue and 15~
Street, recorded with the Supervisor of
Assessments as~
DOR 0768
and DOR 0772, Tilton,
Illinois, on August
25,
2003.
Douglas Toole
SIGNED and SWORN to before me
this.,Z3
day of October, 2003, by Douglas
Toole.
•
/7
LARVPU~L1~~!j
0
ARY
PUBLIC
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
•
)
)
ACNo.
____
VILLAGE OF TILTON,
•
)
County File No. 03-03
)•
Respondent.
)
AFFIDAVIT
OF SERVICE ON CORPORATION
State ofIllinois
)
.
.
.
•
•
•
)ss
County ofVermilion
)
I, the undersigned, on oath state that I have served the attached Administrative
Citation on the Respondent, Village ofTilton, by leaving a copy ofthe same with (name):
/~fr’o/
?~‘/~‘
at (address):
•
I
at (time):
________
on (date):
___________,
2003.
Investigator
Vermilion County State’s Attorney Office
SUBSCRIBED AND SWORN TO BEFORE ME thi~i~’3ay
of______
2003..
•
•
THIS FILING IS
51
u0pFICIAL SEAL”
BARB CARTER
PUBUC
STATE OF
LUNO~S
)MMISStON
EXPIRES 9-7-07
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Open
Dump Inspection Checklist
County:
V~R!-1IUOP’~
LPC#:
L,ocationISite Name:
-T7L-ropJ
/J3um~7~
Date:
Time:
From
~
P.tl.
To
~3OP~ti~.
Previous Inspection
Date:
Inspector(s):
OodCtiI~ 7~ô~E
.
Weather:
~,g,’i1
D~’i1~O~P
Nb.
of Photos Taken:
#
JQ
Est. Amt.
of Waste:
100
yds3
Samples Taken:
Yes #
No
~J
Interviewed:
•
Complaint#:
Responsible
Party
Mailing Address(es)
and
Phone
Number(s):
/~,t~OReO
j7~2l
pJ.
~UThER
•
•
L~C*rJ
~
•
\JILLkC(
kJ,
oP
77
L~TÔ~
6n~
~
DAt~’~,
..:r4.
Cdr?)
‘/~3
~777
1L
61833
~‘~)
•
4/4’~
.
~
•
SECTION
.
DESCRIPTION
VIOL
ILUNOIS ENVIRONMENTAL PROTECIION
ACT
REaIJIREM~NTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW AIR
POLLUTION
IN
ILLINOIS.
2.
9(c)
CAUSE OR ALLOW
OPEN BURMNG
•
1.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
.
El
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
El
5.
21(a)
CAUSE
OR ALLOW OPEN
DUMPING
•
-
6.
21(d)
CONDUCT 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
WASTE INTO
THE STATE AT/TO
SITES
NOT MEETING
REQUIREMENTS OF ACT
•
‘
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)
Litter
•
•
(2)
Scavenging
El
(3)
Open Burning
-
(4)
Deposition of Waste in
Standing or Flowing Waters
-
•
El
(5)
Proliferation of
Disease Vectors
El
(6)
Standing or Flowing Liquid Discharge from
the
Dump Site
•
•
El
jg3Q9o5o3~’
Region~
L(
Revised 06/18/2001
(Open Dump
-
1)
LPC #
/~‘3O~O5’O3~
Inspection Date:
(7)
Deposition
of General Construction or
Demolition-Debris;-orCle,an Construction or
Demolition
Debris
•
.
•
.
-
9;
55(a)
•
PERSON SHALL:
.•
•
.
~•
-
.
(1)
-
-
-
Cause or Allow Open Dumpirig~
of Any
Used or Waste Tire
~2)
Cause or Allow Open Burning
of Any
Used or Waste Tire
-
--
-
35 ILLINOIS ADMINISTRATIVE
CODE REQUIREMENTS
..~.:.:
G~.:.:
-
-
FAILURE
TO SUBMIT
AN APPLICATION
FOR
A
PERMIT
tO
DEVELOP
AND
10.
812.101(a)
-
OPERATE-A
LANDFILL
-.
-
-
-
11.
722;1i1
HAZARDOUS WASTE DETERMlNATION-~
12.
808.121
SPECIAL WASTE DETERMINATION
-
•
ACCEPTANCE
OF
SPECIAL WASTE FROM
A WASTE TRANSPORTER WITHOUT A
WASTE HAULING
PERMIT, UNIFORM WASTE PROGRAM
REGiSTRATION AND
13.
i
809.302(a)
i
PERMIT
AND/OR MANIFEST
-
REQUIREMENTS
-
:•
--
-
:-
-.:~:
•---
APPARENT
VIOLATION
OF:
(U)
PCB:
()
CIRCUIT COURT
14.
•
•
CA$E
NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
Signature of Inspector(s)
Informational Notes
1.
lllinoisJ
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 tlllinois
Environmental
Protection Act shall be enforceable either
by administrative citation under Section 31.1
of the Act or by coniplaint under Section
31
of the Act.
5.
This inspection was conducted in accordance with Sections
4(c) and 4(d) of the
f
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 06/18/200
1
(Open Dump
-
2)
-
•
__
VERMILION
COUNTY HEALTH
DEPARTMENT-
Yeth..~m...th
*j
STEPHEN
LAKER,
M.s.
•
HEALTH
AND
EDUCATION BUILDING
PUBLIC HEALTH ADMINISTRATOR
.
.
•
200
SOUTH
COLLEGE,
SUITE
A
k~iNO~S
.
•
PHONE/TDD
217
431-2662
PtJBLtC
HEAJJni Is
PRICELESS
•
FAX
217
431-7483
LPC#1830905032
•
• •
Tilton/Butler
•
•
FOS
•
•
•
-
.
-
08/25/03
•
-
.
•
-
OPEN DUMP INSPECTION NARRATIVE
.
•
-
-
This unpermitted open dump was inspected on August
25,
2003, by Douglas Toole ofthe
•
•
•
•.
Vermilion County Health Department.
The weather
was hazy, dry and
about 90 degrees
•
•
.
Fahrenheit;
Twelve photos were taken ofthe site.
•
•
-
..
The
site is~1ocated
in Vermilion County, southeast ofthe intersection of 1~
Avenue
and
15th
Street
•
•
•
in Tilton,
Illinois.
The site is the location ofthe former Skyway Haunted House, which
has
not
been open in recent years.
•
•
-
•
.
.
.
INSPECTORS
FINDINGS
.
.
•
•
..
By way ofbackground, I initially,received a complaint about waste tires
on the
west-part ofthe.
property along
15th
Street (photo
12) in June, 2003.
I investigated the complaint and sent
a letter.
to the owner, Mildred Butler, on June 26,. 2003, notif~’ing
her that the conditions on the property~
•
•
violated Sections 3.3,
9.1
and
10.3 ofthe Vermilion County Health Department’s Ordinance
•
Governing Solid Waste Disposal, and
ordering her to correct the violations by August 26, 2003;.’
•
Ms.
Butler called me on July. 7, 2003
and
said that the village ofTilton now owned the property.
I called Dave Phillips, the mayor ofTilton,
later that afternoon,
and
was told that the village, had
an option to purchase the property from Ms.
Butler,
and
would look into having the house on the
•
•
property burned as
part
of a. &efighter training exercise
and
the refuse
removed for her.
I arrived to recheck the site at 2:20 p.m.
on August
25,
2003.
No one
was
present on the site
when I arrived.
I first noticed that
the-dozen waste tires which had ‘been piled on the west
part
of
the property were gone, as was the reddish-brown truck trailer next tO them (photo
12).
I then
observed
a smoldering
waste pile behind the haunted house (photo
11).
Aiv
EQUAL
OPPoRw~vm’
EIIPLOYER
LPC #1830905032
Tilton/Butler
8/2
5/0
3
Page 2 of4
Along the east end of
15th
Street, I observed the haunted house, a brown mobile home and two
truck trailers, all ofwhich appeared to be damaged and deteriorating
(photos
1-3).
I thenwalked
behind the haunted house to the smoldering waste pile (photo 4).-
In the pile I observed dirt,
grass, branches, metal fencing, boards, three tire rims with tire belts around them,
clay tile, scrap
metal,. demolition debris, concrete and other refuse (photos
5-10).
Many ofthe items
in the north
and central part ofthe pile appeared to be partially burnt,
and smoke was rising from the middle
ofthe pile.
I left the site at about 2:30-p.m.
-
I
called the Tilton Village Hall later that afternoon, and was told that village workers had burned
some
brush at. the site.
On the following day, August 26,, 2003,
1 spoke with Mayor Phillips, who
confirmed that village workers had done the cleanup
and -burned some brush‘and fencing at the’
-
-
site.
He defendedthe workers’ efforts in cleaning up the property, and then questioned the
validity and legality ofmy inspection there.
‘
-.
-
-
.
-.
.
.
On the InspectionReport Checklist for this reinspection, I estimated that there were
100
cubic-
yards ofwaste on the site.
No measurements were performed to arrive at that estimation, only my~
observations
at the time.
The actual amount ofwaste on the site mayvary si~nificantly.fromn
that
estimation.
-
.
.
.
.
.
.
-
SUMMARY
OF APPARENT VIOLATIONS
-
-
ILLINOIS ENVIRONMENTAL PROTECTION ACT
(415
ILCS
5/1
et seq.)
Section
9 (a)
of’the Act:
No person shall
...
cause or threaten or allowthe discharge or
emission ofany contaminant into the environment in any State so as to
cause or tend to
cause air pollution.
Contaminants on the
site were discharged into the environment, in a
manner that tends to cause airpollution.
Section
9 (c) ofthe Act:
No person shall
...
cause or allow the open burning ofrefuse.
Open burning ofrefuse was observed
on the site.
Section 21(a) ofthe Act: No person shall
...
cause or allow-the’open dumping ofany
waste.
Open dumping was observed on the site.
LPC
#1830905032
Tilton/Butler
8/25/03
Page
3 of4
Section
21
(d)(1) ofthe Act: No person shall
...
conduct any waste storage, waste-
-
-
-
- -
treatment, or waste-disposal operation without
...
a permit granted by the Agency.
No
-
.
Agency permit to
conduct a waste storage, waste-treatment, or waste-disposal operation
for the site,was issued.
Section
21
(d)(2) ofthe Act: No person shall
...
conduct any waste-storage, waste-
treatment, or waste disposal operation
...
in violation ofany regulations or standards
—
-
adopted by the Board under the Act. Violations ofthe Illinois Pollution Control Board
Regulations were observed at the site where waste storage, waste-treatment, or waste-’
-
disposal operations were
taking place.
‘
-
Section 2 1(e) ofthe Act.:
No person shall
...
dispose, treat,. store or abandon any waste
...
except at a site or facility which meets the requirements ofthis Act and ofregulations
-
-
and standards thereunder:
The storage and disposal ofwaste was occurring at a site
which did not meet the requirements ofthe Illinois Environmental Protection Act and the’
Illinois
Pollution Control Board’ Regulations.
Section 21
(p)(i) ofthe Act: No person shall
...
cause or allow the open dumping ofany
-
‘
‘
waste which results in
...
litter.
Open dumping ofwaste resulting in litter was observed at
thesite.
.-
‘
.
.
-.
Section
21 ,(p)(3) ofthe Act: No person shall
...
cause ofallow the open dumping .ofany
.
waste ‘which results in
...
open burning.
The open dumping ofwaste resulting in-open-
burning was observed
at thesite.
‘
-
‘
-
Section
21
(p)(’7) ofthe Act: No person shall
...
cause or allow the open dumping ofany
waste which results in
...
the deposition ofgeneral construction or demolition debris; or
clean construction or demolition debris.
Open, dumping resulting in the deposition of
general and clean construction and demolition debris was observed
at
the site.
Section
55
(a)(1) ofthe Act: No person shall
...
cause or allow the open dumping ofany
used or waste tire.
Open dumping ofwaste tires was observed at the
site.
Section
55
(a)(2) ofthe Act: No person shall
...
cause or allow the open burning ofany
used or waste tire.
Evidence ofthe open burning ofwaste ‘tires was observed’ at the site;.
LPC #1830905032
Tilton/Butler
8/25/03
-
Page 4of4
-
ILLINOIS
POLLUTION CONTROL BOARD;
35
ILLINOIS ADMINISTRATIVE CODE,
-
.
SUBTITLE G
-‘
‘
-‘
-
(REGULATIONS)
.
.
-
-
Section
8 12.101 -ofthe Regulations:
...
All persons, except those specifically exempted by
-
Section 2 1(d) ofthe Environmental Protection Act (Act)
415
ILCS 5/21(d),
shall submit
to the Agency an application for a permit to develop and operate a landfill. The application
-
must contain the inftrinatiOn required by this Subpart and by Section
3 9(a) ofthe Act,
except as otherwise provided in
35
III.
Adm.
Code
8 1-7.
No such application for a permit
-
to
develop and operate a landfill was-submitted.
-
‘
STATE
OF
ILLINOIS
ENYIRONI1ENTAL
PROTECTIOS
AGENCY
SITE
SXETCH
Date- of
InspectiOn:
RUGt’~T
c76;
~2CO3
Site
Code:
Site
Name:
T~rOt.~
/i3unEf~
-
‘
-
-Inspector:.
Dô~r~J~
ThCL~
Printed on
Recycled Paper
County:
__________
Ti.me’:
;‘;c2Op~rt
-~3ôRs
IL
532—I~U2
LPC
2f0
IQ1~
INSPEC
TION
PHO
TOS
DATE:
~
~TE
/
~
C)
~
C
5
0
3
~Q
CO.:
‘v’~f-1/I~~Oti
TIME:
~:aJp,ti.
—
-
NA~.iE:
7~.Tot~
/~on.~i~
PHOTOGRAPH
TAKEN
BY:
DOUG~-4S
7~o~
COMMENTS:
Picrures
Icken
~cward:
S(A)
tThJiEk)
j~i
I5r~
~n~t~
~
J’4~’JoRm~
SHdf3
ROLL
~:
PHOTO
I
DATE:
..!
~
.
TIME:
~
PM
PHOTOGRAPH
TAKEN
BY:
f~jt~IU6’L/~$
~
~
COMMENTS:
Pictures
toker~
~award:
Qv~V’~i~t
SITE
~
J5ni
Sri~v7
-
~
~f ~9
p1qftJoR4fr1~C 5H~’r5
ROLL
~:
PHOTO
~:
EQS
-
I
TIME:
~
PHOTOGRAPH
TAKEN
BY:
DOUGLAS
7~ô~.E
COMMENTS:
Pictures
taken
~ówcrd:
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