ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF JACKSON,
?
)
Complainant,
v.?
AC 08 -
JACK REEVES & JACQUELINE )
WATKINS,
Respondents.
Aecativw=
CLERK'S OFFICE
MAR 0 3 2008
Pollution
STATE OF
Control
ILLINOIS
Board
NOTICE OF FILING
To:?
Jack Reeves, 1128 Poplar Ridge Road, Murphysboro, Illinois 62966
Jacqueline Watkins, 6391 Hickory Ridge Road, Pomona, Illinois 62975
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.
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3
rd
Floor
Murphysboro, IL 62966
618-687-7200
, 2008.
Age:
Date of service:0
ORIbINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF JACKSON,
Complainant,
v.
?
AC 08 -
JACK REEVES & JACQUELINE )
WATKINS,
Respondents.
of -
690 q 7(
AECEIVED
C
LERK'S OFFICE
MAR 0 3 2008
STATE OF ILLINOIS
Pollution Control Board
Serve on: Jack Reeves, 1128 Poplar Ridge Road, Murphysboro, Illinois 62966
PROOF OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the Administrative
Citation and Appearance w re hand delivered to:
Name:
j7V-- 2
e
Address:
?
(Art
I
Sex:?
?
Female
Time:
/S/ Robert Burns,
?
kson Co. Sheriff
By his Deput
PLEASE RETURN TO:
DANIEL BRENNER
JACKSON COUNTY STATE'S ATTORNEY'S OFFICE
4
_
COUNTY OF JACKSON,
Complainant,
v.
AC 08 -
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
eIIVEc)
OFFICE
MAR 0
3 2008
STATE OF ILLINOIS
Pollution Control Board
JACK REEVES & JACQUELINE )
WATKINS,
Respondents.
APPEARANCE
I
hereby file my appearance in this proceeding, on behalf of the County of Jackson.
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3
rd Floor
Murphysboro, IL 62966
618-687-7200
Recaovsa)
CLERK'S
OFFICE
MAR 0 3 2008
Pollution
STATE OF
Control
ILLINOIS
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF JACKSON,
Complainant,
?
GI\IA
v.?
)
?
AC 08 -
)?
Site Code: 0778125019
JACK REEVES & JACQUELINE
WATKINS,
Respondents.
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq.
(2006), specifically 415 ILCS
5/31.1.
FACTS
1.
The Respondent, Jack Reeves, is the present owner and in control and
possession of a facility located in the County of Jackson, State of Illinois.
2.
The Respondent, Jacqueline Watkins, upon information and belief, is in control
and possession and an occupant of a facility located in the County of Jackson, State of
Illinois.
3.
The facility is an open dump, operating without an Illinois Environmental
Protection Agency Operating Permit, and designated with the Site Code # 0778125019.
The facility is known to the Agency as the Pomona/Jack Reeves site.
4.
The Respondents have owned, occupied, controlled and/or operated the facility
at all relevant times hereto.
5. On January 4, 2008, Don Terry, Field Inspector, Jackson County Health
Department, inspected the facility. A true and correct copy of the inspection report, along
with Mr. Terry's affidavit, are attached and incorporated herein by reference as Exhibit A.
VIOLATIONS
On the basis of Field Inspector, Don Terry's, direct observation, he has determined
that the Respondents have caused or allowed open dumping at the above described facility
in a manner that resulted in the following violations:
That on January 4, 2008, an on-site inspection of the facility disclosed the following:
1.
The Respondents have caused or allowed litter at the facility in violation of 415
ILCS 5/21(p)(1).
2.
The Respondents have caused or allowed the deposition of general construction
or demolition; or clean construction or demolition debris in violation of 415 ILCS 5/21(p)(7).
CIVIL PENALTY
In accordance with 415 ILCS 5/42 (b)(4-5), the Respondents are subject to a civil
penalty of $1,500.00 for each of violations specified above. Additionally, should the
Respondents select to petition the Illinois Pollution Control Board under the review process
described below, after an adjudicatory hearing, the Respondents shall be assessed the
hearing costs incurred by the Pollution Control Board. The hearing cost would be in
addition to the $3,000.00 fine.
If you acknowledge the violations cited herein above, the civil penalty shall be due
and payable no later than March 15, 2007. If you do not petition the Pollution Control
Board for review of the Administrative Citation within 35 days of service of the
Administrative Citation, or contest the Citation, any judgment that may be rendered against
you shall specify the due date of the civil fine and any additional costs assessed against
you.
When payment is made, your check should be made payable to the Jackson
County's Treasurer Office and mailed to the attention of Shirley Dillinger Booker, Jackson
County Treasurer, Murphysboro, Illinois, 62966. Also, please complete and return the
enclosed remittance form, along with your payment, to assure proper credit.
If any civil penalty is not paid within the prescribed time, the law allows for the
accumulation and payment of interest on the remaining unpaid balance. If any civil penalty
is not paid when due, the Office of the 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 Jackson 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 Petition For Review with the Clerk of the Illinois
Pollution Control Board. A copy of the Petition For Review shall be filed with Daniel
Brenner, Assistant State's Attorney, Jackson County Courthouse, Third Floor,
Murphysboro, II 62966.
YOUR PETITION FOR REVIEW MUST BE FILED WITHIN 35
DAYS OF THE DATE OF SERVICE OF THE PRESENT CITATION ON YOU. IF YOU
FAIL TO FILE YOUR PETITION,
A
DEFAULT ORDER AGAINST YOU WILL BE
ENTERED BY THE POLLUTION CONTROL BOARD.
Your original Petition must be filed with the Clerk of the Board at:
Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
A copy must also be sent to:
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3
rd Floor
Murphysboro, II 62966
DATED: 2
5 ?
,
2008
Daniel Brenner
Assistant State's Attorney
RZCEIVECD
CLERK'S
OFFICE
MAR 0
3 2008
Pollution
STATE OF
Control
ILLINOIS
Board
REMITTANCE FORM
COUNTY OF JACKSON,
Complainant,?
oR?
1\
v.?
NO. AC 08 -
>1
JACK REEVES & JACQUELINE?
)
WATKINS,
Respondents.
L
FACILITY:?
Pomona/Jack Reeves Site
COUNTY:?
JACKSON
DATE OF INSPECTION:?
January 4, 2008
SITE CODE:?
0778125019
CIVIL PENALTY:
?
$3,000.00
Date Remitted
SS/FEIN # ?
Signature
NOTE
Please include the information on the blank lines. Mail this form with your check to:
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
Receivso
ituCtLioEnficK
'8r:roF
JACKSON COUNTY HEALTH DEPARTMENW,T
Po
•
E
OF iLLINO
MAR 0 3 2008
IF:Ea
lsrd
IN THE MATTER OF:
077 812 5019
/
Jackson County
Pomona / Jack Reeves
COMPLIANCE FILE
e>1
Respondent.
Affiant, Don Terry, being first duly
sworn,
voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto.
2.
On January 4, 2008, between the hours of 9:34 a.m. and 9:45 a.m., Affiant
conducted an inspection of the open dump site known as Pomona / Jack Reeves,
Jackson County, Illinois.
3.
Affiant inspected said open dump site by an on-site inspection.
4.
As a result of the activities referred to in Paragraphs 2 and 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 Jack Reeves,
Pomona, Illinois, open dump site.
Don
Terry
Environmental Compliance Inspector
Subscribed and Sworn To before me
this 3/ day of
su
tu
_m
j, ,
2008
lo/a 4uty
"OFFICIAL SEAL"
Tracy L. Hartung
Notary Public, State of Illinois
My Commission
Expires
8/24/10
EXHIBIT
ORIGINA
[AFFIDAVIT
otary Public
** OWNER **
Mr. Jack Reeves
1128 Poplar Ridge Rd.
Murphysboro, IL 62966
GI NA
** OPERATOR **
Mrs. Jacqueline Watkins
6391 Hickory Ridge Road
Pomona, IL 62975
County:
?
Jackson
Location/Site Name:
Date:?
01/04/2008
ILLINOIS ENVIRONMENTAL PROTECTION AGENC79:
L
OFFICE
STATE
OF ILLINOIS
Open Dump Inspection Checklist
LPC#: 077 812 5019?
Region: PoffutiM4whtrol Bnrri
eRR
K
0
1E
s
3
2V
0 0
D
Pomona / Jack Reeves
Time: From 9:34 am
?
To 9:45 am?
Previous Inspection Date: 11/18/2005
Inspector(s):
?
Don Terry
Weather: 30°F -- sunny with strong northwest winds
No. of Photos Taken: #?
15?
Est. Amt. of Waste: 50?
yds3 Samples Taken: Yes #
?
No [X]
Interviewed:
?
no one
?
Complaint #: 2008--020
Latitude: 37.68301
?
Longitude: -89.38516
?
Collection Point Description: Site Entrance -
(Example: Lat.: 41.26493
?
Long.: -89.38294)
?
Collection Method: GPS - Accuracy +/- 20 feet
Responsible Party
Mailing Address(es)
and Phone Number(s):
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
q
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
q
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
fl
4.
12(d)
CREATE A WATER POLLUTION HAZARD
fl
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
q
(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
LI
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
q
(3)
Open Burning
q
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
Revised 10/5/2005
?
(Open Dump - 1)
LPC
#
077
812 5019
Inspection Date:
?
01/04/2008
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition Debris
9.
Cause or Allow Open Dumpin g of AnY
Used or Waste Tire
Cause or Allow Open Burnin. of An?
Used or Waste Tire
n
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
I?
I
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: (E) PCB;
(
q
)
CIRCUIT COURT
CASE NUMBER:
?
ORDER ENTERED ON:
I- 1
15.
OTHER:
ri
Fl
LI
LI
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 10/5/2005
(Open Dump - 2)
Inspection Report Document:
Open Dump Site Narrative
Date of Inspection:
January 4, 2008
?
Inspector:
Don Terry
Site Code:
077 812 5019
?
County:
Jackson
Site Name:
Murphysboro / Jack Reeves
?
Time:
9:34 a.m. – 9:45 a.m.
Location:
Lat 37.68301 Long -89.38516
?
GPS Accuracy:
+/- 20 feet
Estimated Volume of Waste at
Site: 50 cubic yards
GENERAL REMARKS
During the stated date and time, I conducted an inspection of the site listed above. This inspection
was made as a follow up to a complaint received by this office. Weather conditions at the time of
the inspection were: sunny with strong northwest winds and a temperature of approximately 30°F.
I was accompanied on this inspection by Henry Mulder and Cherie DeWulf of the Jackson County
Health Department.
According to the Jackson County Assessor's Office, the site is owned by Jack Reeves.
Records at the Jackson County Health Department show that Mr. Reeve's daughter, Jacqueline
Watkins currently resides at this site. It is also known to this office that Mrs. Watkins has been a
resident at this site and has been the known operator since at least August 2004.
I arrived at the site and observed open dumped waste scattered around the site from Hickory
Ridge Road, a public roadway. I walked toward the residence and observed waste open dumped
on the driveway, east of the underground dwelling
(Photos #1
&
#2, Site Sketch).
The waste in
the area included, but was not limited to: scrap metal, plastic items, wooden furniture, cardboard, a
mattress, filled plastic bags and cloth. At the time of the inspection, these items were not in use,
were not useable in their current condition, and were not stored in such a way as to protect any
future use.
At this time I observed Mr. Mulder and Ms. DeWulf go to the front door of the residence. I then
observed an adult male come to the door, speak to the two briefly and then go back into the
house. At this time Mr. Mulder and Ms. DeWulf walked north to inspect a private septic lagoon
located on the property.
East of the residence, I observed waste scattered on the ground
(Photos #3 - #10, Site Sketch
Area A).
The waste in this area included, but was not limited to: dimensional lumber, electronic
devices, plastic items, scrap metal, wooden furniture, PVC pipe, household garbage, filled plastic
bags, fuel containers, cardboard, cloth items, electrical wire, metal containers and glass items
(Photos #3 - #10, Site Sketch Area A).
At the time of the inspection, these items were not in use,
were not useable in their current condition, and were not stored in such a way as to protect any
future use.
Page 2
077 812 5019
Pomona
/
Jack Reeves
January 4, 2008
Northeast of the residence I observed waste piles in the area where two mobile homes had been
located during previous inspections
(Photos #11 - #15, Site Sketch Area B).
The waste in this
area included, but was not limited to: dimensional lumber, plywood, furniture, scrap metal, paper,
cloth, plastic items, fiberglass insulation, glass items, cloth items and metal containers
(Photos
#11 - #15, Site Sketch Area B).
At the time of the inspection, these items were not in use, were
not useable in their current condition, and were not stored in such a way as to protect any future
use.
The total volume of waste observed was approximately 50 cubic yards.
My inspection ended at approximately 9:45 a.m.
Violations Observed:
Item #5(21)(a): Cause or allow open dumping; Item #8(21)(p)(1
&
7): 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 and
(7)
Deposition of general construction or demolition debris;
or clean construction or demolition debris:
During the inspection open dumping that resulted
in litter and the deposition of general construction or demolition debris was observed
(Photos #1
-
#15, Site Sketch Areas A & B).
Remains of demolished
mobile homes
Shed
Occupied
mobile home
OPEN DUMP INSPECTION
SITE SKETCH
Date Of Inspection:
January 4, 2008
?
Inspector:
Don Terry
Site Code:
077 812 5019
?
County:
Jackson
Site Name:
Pomona / Jack Reeves
?
Time:
9:34 a.m. — 9:45 a.m.
Not Drawn to Scale
All
Locations Are Approximate
0 1►
Indicates
Approximate
Location & Direction of Photos
f N
G = approximate location
GPS data taken
Entrance to
underground dwelling
G
Driveway
Jackson County Inspection Digital Photo Sheet — Page 1
Date of Inspection: January 4, 2008
Site #: 077 812 5019
Photos by: Don Terry
Site Name: Pomona / Jack Reeves
Photo Name:
0778125019-01042008-01
Time: 9:35 a.m.
Photo Taken Toward:
Northwest
Photo Name:
0778125019-01042008-02
Time: 9:35 a.m.
Photo Taken Toward:
North
Jackson County Inspection Digital Photo Sheet — Page 2
Date of Inspection: January 4, 2008
Site #: 077 812 5019
Photos by: Don Terry
Site Name: Pomona / Jack Reeves
Photo Name:
0778125019-01042008-03
Time: 9:36 a.m.
Photo Taken Toward:
West
Photo Name:
0778125019-01042008-04
Time: 9:36 a.m.
Photo Taken Toward:
Northwest
Photo Name:
0778125019-01042008-05
Time: 9:36 a.m.
Photo Taken Toward:
West
Photo Name:
0778125019-01042008-06
Time: 9:36 a.m.
Photo Taken Toward:
North
Jackson County Inspection Digital Photo Sheet — Page 3
Date of Inspection: January 4, 2008
Site #: 077 812 5019
Photos by: Don Terry
Site Name: Pomona / Jack Reeves
Jackson County Inspection Digital Photo Sheet — Page 4
Date of Inspection: January 4, 2008
Site #: 077 812 5019
Photos by: Don Terry
Site Name: Pomona / Jack Reeves
Photo Name:
0778125019-01042008-07
Time: 9:36 a.m.
Photo Taken Toward:
North
Photo Name:
0778125019-01042008-08
Time: 9:37 a.m.
Photo Taken Toward:
Southwest
Jackson County Inspection Digital Photo Sheet — Page 5
Date of Inspection: January 4, 2008
Site #: 077 812 5019
Photos by: Don Terry
Site Name: Pomona / Jack Reeves
Photo Name:
0778125019-01042008-09
Time: 9:37 a.m.
Photo Taken Toward:
North
Photo Name:
0778125019-01042008-10
Time: 9:37 a.m.
Photo Taken Toward:
Northwest
Jackson County Inspection Digital Photo Sheet — Page 6
Date of Inspection: January 4, 2008
Site #: 077 812 5019
Photos by: Don Terry
Site Name: Pomona / Jack Reeves
Photo Name:
0778125019-01042008-11
Time: 9:37 a.m.
Photo Taken Toward:
Northeast
Photo Name:
0778125019-01042008-12
Time: 9:38 a.m.
Photo Taken Toward:
West
Jackson County Inspection Digital Photo Sheet — Page 7
Date of Inspection: January 4, 2008
Site
#:
077 812 5019
Photos by: Don Terry
Site Name: Pomona / Jack Reeves
Photo Name:
0778125019-01042008-13
Time: 9:38 a.m.
Photo Taken Toward:
Southwest
Photo Name:
0778125019-01042008-14
Time: 9:38 a.m.
Photo Taken Toward:
Southwest
Jackson County Inspection Digital Photo Sheet — Page 8
Date of Inspection: January 4, 2008
Site #: 077 812 5019
Photos by: Don Terry
Site Name: Pomona / Jack Reeves
Photo Name:
0778125019-01042008-15
Time: 9:39 a.m.
Photo Taken Toward:
Southwest
Sincerely ,----
Daniel Brenner
Assistant State's Attorney
Jackson County, Illinois
MICHAEL L. WEPSIEC
State's Attorney Jackson County
Jackson County Courthouse, Third Floor
Murphysboro, Illinois 62966
(618) 687-7200 FAX (618) 687-7215
February 28, 2008
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
ORIGIN
AI
R
CLERK'S
ECEIVED
OFFICE
MAR 0 3 2008
STATE OF ILLINOIS
Pollution Control Board
Re:
?
Administrative Citation - Pomona/Jack Reeves Site
Site Code 0778125019
Inspection Date: January 4, 2008
Date of Service: Various
Dear Clerk:
Enclosed for filing with the Board is the Administrative Citation packet issued against Jack
Reeves and Jacqueline Watkins, co-respondents. The site is known as the Pomona/Jack
Reeves site.
Jack Reeves' mailing address is 1128 Poplar Ridge Road, Murphysboro, Illinois 62966.
Jacqueline Watkins' is 6391 Hickory Ridge Rd., Pomona, Illinois 62975. Also enclosed
with this material is a proof of service showing the respondents were served with a copy
of the Citation on February 16 and February 26, 2008.
Please acknowledge receipt and filing of the enclosed materials. Thank you.
enclosures
cc: Jackson County Health Department
