RE
CLERK’S
CE ~
OFFICE
V ED
SEP
07200k
STATE OF ILLt~OIS
PoUut~OflControlBoard
INFORMATIONAL NOTICE!!!
_.
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, P.O. Box 19276,
Springfield, Illinois 61 794-9276.
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; A copy 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 IILLII’.TOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
ADMINISTRATIVE CITATION
SEP 07 200k
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
~‘
)
V.
)
(IEPA No. 362-04-AC)
)
PHILLP HAMANN,
)
)
Respondent.
)
NOTICE OF FILING
To:
Phillip Hamann
116 Cornell Street
P.O. Box
295
Green Valley, illinois
61534
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State ofIllinois 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: September 2, 2004
THIS
FilING
SUBMfl~FEDON RECYCLED PAPER
RECE WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP 07 2004
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC LI
v.
)
(IEPA No. 362-04-AC)
PHILLIP HAMANN,
)
)
)
)
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
ILCS 5/31.1 (2002).
FACTS
1.
That Phillip Hamann (“Respondent”) is the present operator of a facility located at
21974 Hickory Street, Goofy Ridge, Mason County, Illinois. The property is commonly known to the
Illinois Environmental Protection Agency as Goofy Ridge/Hamann.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1258105004.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on July 16, 2004, Jan Mier of the Illinois Environmental Protection Agency’s
Springfield Regional Office inspected the above-described facility. A copy of her inspection report
setting forth the results of said inspection is attached hereto and made a part hereof.
VIOLATIONS
Based upon direct observations made by Jan Mier during the course of her July 16, 2004
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the “Acr’) as
follows:
(1)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 2l(p)(1) of the Act, 415 ILCS 5/21(p)(1)
(2002).
CIVIL PENALTY
Pursuant 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 September 30, 2004, unless otherwise
provided by order of the Illinois Pollution Control Board.
If Respondent elects to contest this Administrative Citation-bypetitioning the Illinois Pollution
Control Boardin 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
Pursuantto Section
31.1(d)(1)
of theAct, 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.
If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the 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 I LCS 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.
I?t~4.
~ó~o
Date: ~12-~O~
Renee Cipriano, Director
4~
~‘1c.c.,
Illinois Environmental Protection Agency
Prepared by:
Susan 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
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
V.
)
(IEPA No. 362-04-AC)
PHILLIPHAMANN,
)
)
)
Respondent.
)
FACILITY:
Goofy Ridge/Hamann
SITE CODE NO.:
1258105004
COUNTY:
Mason
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
July 16, 2004
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:
)
)
Illinois Environmental
)
Protection Agency
)
)
vs.
)
IEPA DOCKET NO.
)
Phillip Hamann
)
Respondent
)
)
)
Affiant,
Jan Mier,
being first duly sworn, voluntarily deposes and states as follows:
1. Affiant is a field inspector employed by the Division ofLand Pollution Control/Field
Operations Section ofthe Environmental Protection Agency and has been so employed at
all times pertinent hereto.
2. On, July 16, 2004 between 10:30 a.m. and 10:50 aim, AJ~iantconducted an inspection
ofan open dump, located in Mason County, Illinois and known as
Goofy Ridge/Hamann
by the Illinois Environmental Protection Agency. Said site has been assigned site code
number LPC # 1258105004 by the Agency.
3. Afliant inspected said site by an on-site inspection, which included walking and
photographing the site.
4. As a result ofthe activities 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 ofAffiant’s observations and
factual conclusions with respect to said open dump.
•
U
JanMier
Subscribed and Sworn to Before Me
~
of~9~.1~-2004
Notaiy Pubhc
OFFICIAL SEAL
~HARLENF
t.
POWELL
NOTARY PU8L~CSTATEOF ILLINOIS
My Comm. ExpIres March
15, 2008
1258105004
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
MASON
LPC#:
Region:
SPFLD
Location/Site Name: • GOOFY RIDGE/HAMANN
Date:
7/16/04
Time: From 10:30 AM To 10:50 AM Previous Inspection Date: 5/6/04
Inspector(s): JAN MIER
Weather: 80 F, SUNNY
No. of Photos Taken: # 4
Est. Amt. of Waste: 80
yds3 Samples Taken: Yes #
No X
Interviewed: • NO ON.E ON SITE
Complaint #: C-04-076-C
Responsible Party
Mailing Address(es)
and Phone
Number(s):
SECTION
DESCRIPTION
VIOL
~f
~
.‘
)
3
4
•.—~
~ ILL1F4OJS
~‘
EN\’IRONM’ENTAL
~,
)~,,.
PRdT~c~TiON
,.~ ,
~ci REQthREMEt~TS
3
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
•
4.
12(d)
CREATE AWATER POLLUTION HAZARD
5. •21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
21(d)
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
ATITO
SITES NOT MEETING REQUIREMENTS OF ACT
AND REGULATIONS
8.
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
21(p)
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
•
• (1)
Litter
.
(2)
•
• Scavenging
(3)
Open BLirning
•
(4)
-
Deposition of Waste in Standing or Flowing Waters
•
•
(5)
Proliferation of Disease Vectors
•
(6)
•
• Standing or Flowing Liquid Discharge from the Dump Site
PHILLIPHAMANN
116
CORRIELL ST.
P.O. B0X295
GREEN VALLEY, IL 61534
JUL 3 0 2004
Revised 06/1 8/2Q01
(Open Dump
-
1)
LPC#
1258105004
Inspection Date:
7/16/04
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
LI
Demolition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow
Open Dumping of Any Used or Waste Tire
(2)
Ca ~eor AIl-~”,Open Burn~-iof
Ar’”
I
Tire
L
10.
11.
12.
13.
•812.1 01 (a)
722.111
808.121
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
HAZARDOUS WASTE DETERMINATION
SPECIAL WASTE DETERMINATION
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PrRMITAN~
-
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
14.
CASE NUMBER:
•
ORDERENTEREDON:
15.
OTHER:
•
•
-•
•
(J
Signature of 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)
Illinois Environmental Protection Agency
i?j,p~~
InspectionNarrative
~‘1V~)
JUL~
LPC#1 258105004
—
Mason County
Inspection Date: 7/16/04
°
0
2oo~
Goofy Ridge/Hamann
Inspector: Jan Mier
~
FOS File
On July 16, 2004, I conducted a follow-up inspection at the above-referenced site. Iwas
accompanied by Bill Zierath, DLPC/FOS —Springfield Region. The property owner,
Phillip Hamami, was sent an Administrative Citation WarningNotice on 5/28/04. The
certified green card was signed by Paul Minder on 6/4/04. Mr. Minder signed as an
“agent” for Mr. Hamann. On the certified mail green card receipt signed by Mr. Minder,
it was indicated that the delivery address for Mr. Hamann listed on the green card receipt
was
n~i
different thanthe one shown on the receipt. No response was received by Mr.
Hamann.
We arrived at 10:30 a.m. The house at 21974 Hickory Street was still not occupied. The
used tires and pickup truck were no longer present. The owner ofthe pickup truck and
the usedtires lives across the street and he had taken the tires to a Mason County used
tire collection on June 12, 2004, resolving a violation of55(a)(1), and fixed the truck.
Other than the tuck and used tires being gone, the site remained unchanged. An open
dump and open burn pile was observed on the southeast corner ofthe property (see photo
#001). A pile ofhousehold waste and furniture was still on site north of the house (see
photo #002). Two overflowing garbage barrels were still on site next to the road (see
photo #003). An air conditioner, landscape waste, a lawn chair and other waste were
observed on the east side ofthe house (see photo #004). We departed at 10:50 a.m.
Continuing violations observed during the inspection are noted on the attached checklist.
cc:
DLPC/FOS
—
Springfield Region
Mason County Public Health
—
Becky Chaney
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date ofInspection:
7/16/04
Inspector:
Jan Mier
Site Code:
LPC#1258105004
County:
Mason
Site:
Goofy RidgefHamann
Time:
10:30 P.M.
—
10:50 P.M.
NORTH
Measurements Approximate
Direction of Photo —*
Not to Scale
••
JL
•
Illinois
Environmental Protection Agency
Bureau ofLand
•
DIGITAL PHOTOGRAPHS
LPC #1258105004
—
Mason County
Goofy Ridge/Hamann
FOS File
Date:
7116/04
Time: 10:41 a.m.
Direction:
SE
Photo by:
JanMier
Photo File Name:
12581
05004~--~07162004-00I
Comments:
Household refuse
Date:
7/16104
Time: 10:43 a.m.
Direction: N
Photo by:
JanMier
Photo File Name:
12581O5004’-~~07162004-002
Comments:
Furniture and household refuse
•
II~nos
Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1258105004 — Mason County
Goofy RidgeiHainann
FOS File
Date:
7116104
Time: 10:44 a.m.
Direction: W
Photo by:
Jan Mier
Photo File Name:
1258
105004’—~07162004-003
Comments:
Household refuse
Date:
7116/04
Tim~:10:45 a.m.
Direction: NE
Photo by:
JanMier
Photo File
Name:
12581 05004~~-’07162004-004
Comments:
Air conditioner, landscape waste,
lawn chair
1258105004—07162004.doe
PROOF OF
SERVICE
I hereby certify that I did on the 2nd day of September 2004, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copy ofthe following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Phillip Hamann
116 Cornell Street
P.O. Box
295
Green Valley, Illinois 61534
and the original and nine (9) true and correct copies ofthe 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
•
_______
ichelle
.
Ryan
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
