ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCYP,I
4Y~
~E~r~o\. ~
CLERK’S
OFHCE
1021
NORTH GRAND AVENUE
EAST,
P.O. Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100 WEST RANDOLPH,
SUITE 11-300,
CHICAGO,
IL 60601, 3i2-814~6t~Th
2 ~2005
ROD R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO, DIRECTOR
STATE OF
~LUNO~S
Pollution
Contr0~Board
(217) 782-9817
TDD:(217)782-9143
7002 3150 0000 1109 0047
March24,2005
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 WestRandolph Street, Suite
11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v. Timothy Pearce
IEPA File No. 59-05-AC; 0258105003—Clay County
Dear Clerk Gunn:
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies ofthe Administrative Citation Package, consisting ofthe Administrative
Citation, the inspector’s Affidavit, and the inspector’s Illinois Environmental Protection Agency
Open Dump
Inspection Checklist, issued to the above-referenced respondent(s).
On this date, a copy of the~
Administrative Citation Package was sent to the Respondent(s) via
CertifiedMail.
As soon as I receive the returnreceipt, I will promptly file a copy with you,
so
that the Illinois Pollution Control Board may calculate the thirty~five
(35)
day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not tO file a
petition for review contesting the Administrative Citation.
Ifyou have any questions or concerns, please do not hesitate to contact me at the number above.
Thankyou for your cooperation.
Sincerely,
~vI~
~
Jfmes M. Kropid
-
~AssistantCounsel
Enclosures
ROCKFORD —4302
North
Main Street, Rockford,
IL 61103 —(815) 987-7760
•
DES
PLAINES
—
9511
W. Harrison
St.,
Des Plaines, IL 60016
—
(847) 294-4000
ELGIN
—
595 South State,
Elgin,
IL 60123
—
(847) 608-3131
•
PEORIA
—
5415
N. University
St.,
Peoria,
IL 61614— (309) 693-5463
BUREAU OF
LAND
-
PEORIA
—
7620 N. University
St.,
Peoria,
IL
61614— (309) 693-5462
•
CHAMPAIGN
—
2125 South
First Street, Champaign,
61820
—
(217) 278-5800
SPRINGFIELD —4500 S.
Sixth
Street Rd.,
Springfield,
IL 62706— (217) 786-6892
•
COLLINSVILLE
—
2009 MalI
Street, Collinsville,
IL
62234— (618) 346-5120
MARION
—
2309 W.
Main St., Suite 116, Marion, IL 62959
—
(618)
993-7200
PRINTED
ON
RECYCLED
PAPER
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 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.
.
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.
:
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR1~
~
~
~7
CLERK’S
OFFCE
t~ë~U~
1~
()
STATE
OF
ILUNOlS
ILLINOIS ENViRONMENTAL
)
Pollution Control
Board
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No.
59-05-AC)
)
TIMOTHY PEARCE,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Timothy Pearce
607 Birchwood
Flora, IL
62839
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,
Ja4?s
M. Kropid
S*cial 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 24, 2005
THIS
FILING
SUBMITFED ON RECYCLED
PAPER
RE C ~
Uv
ED
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
CLERK’S
OFF~E
~i~P
2 ~
ADMINISTRATIVE CITATION
I)
LUU3
STATE OF ILLINOIS
Pollution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
,~-(pf
Complainant,
)
AC
~-‘
-
)
V.
)
(IEPA
No. 59-05-AC)
)
TIMOTHY PEARCE,
)
)
)
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 Timothy Pearce (“RespondenV’) is the present owner and operator of a facility
located at 241
North Willow Road,
Flora, Clay County, Illinois.
The property is commonly known
to
the Illinois Environmental Protection Agency as Flora/Pearce,
Timothy.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and
is designated with Site Code No. 0258105003.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on
February 16,
2005, Garrison
Gross of the Illinois Environmental Protection
Agency’s Marion 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 Garrison Gross during the course of his February
16, 2005 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondent has violated 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
deposition
of
general
construction
or
demolition
debris;
or
clean
construction ordemolition debris, a violation of Section 21 (p)(7) of the Act,415 ILCS
5/21 (p)(7)
(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 April 30,2005, unless otherwise provided by
order of the Illinois
Pollution Control Board.
If Respondent elects to contest this 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 bythe 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)ofthe Act, 415 ILCS 5/31.1(d)(1)(2002), !fRespondentfails
to petition orelects notto petition the Illinois Pollution Control
Board for review of thisAdministrative
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 penaltyand/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
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
H
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.
_______________________
Date:
3 p g
)
o
Renee Cipriano, Direc or
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
R EC E
U V E D
CLERK’SOFF!OF
REMITTANCE FORM
~P
2 ~
STATE
OF
ILLftloIS
ILLINOIS
ENVIRONMENTAL
)
Pollution Control
Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
~
~
)
V.
)
(IEPA
No~
59-05-AC)
)
TIMOTHY PEARCE,
)
)
)
)
Respondent.
FACILITY:
Flora/Pearce, Timothy
SITE CODE NO.:
0258105003
COUNTY:
Clay
CIVIL PENALTY:
$1,500.00
DATE
OF INSPECTION:
February 16, 2005
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
-
-
-
NOTE
Please
enter the date
of
your remittance,
your Social Security number (SS)
if
an
individual or
Federal Employer Identification Number(FEIN) if a corporation, and sign this Remittance Form.
Be
sure
your
check
is enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmental
Protection Agency, Attn.:
Fiscal Services, P.O. Box 19276,
Springfield, Illinois
62794-9276.
5
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
)
)
Complainant,
)
)
)
-
IEPA DOCKET NO.
v.
)
)
Timothy Pearce
.
)
)
Respondent.
)
AFFIDAVIT~
Affiant, Garrison Gross, being first duly sworn,
voluntarily deposes and states as follows:
1..
Affiant is a field inspector employed by the Land Pollution Control Division ofthe
Illinois Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On February
16,
2005. between
11:30 AM and
11:40 AM, Affiant conducted an
inspection of a disposal site operated by Timothy Pearce, located in Clay County,
Illinois, and
known as Timothy Pearce open dump site
by the Illinois Environmental Protection Agency.
Said
site has been assigned site code number 025
810
5003 by the Agency.
3.
Affiant inspected
said Timothy Pearce open dump site by an on-site inspection which
included walking and photographing the site.
..
4.
As a result ofthe material actions referred to
in paragraph
3
above, Affiant completed
the
Inspection Report form attached hereto and made a part hereof, which,
to the best of Affiant’s
knowledge and belief, is an accurate representation of Affiant’s observations and
factual
conclusions with respect to
said Timothy Pearce open dump site.
Subscribed and Sworn to
before me
this
22~day
of_____________
-
~
-I
OFFICIAL
SE~.
RONALD
E
MORSE
NOTARY PU8UC.
STATE O~~LL;t~O~$
MY
COMM$$jQlg
~
02/21/00
GES :GG:20541/02-22-05
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Open
Dump
Inspection Checklist
County:
Clay
LPC#:
Region:
7-Marion
Location/Site Name:
Flora /
PEARCE, Timothy
Date:
02/16/2005
Time:
From
11:30AM
To
11:40AM
Previous Inspection Date:
10/19/2004
Inspector(s):
Garrison
Gross
Weather:
Mostly Sunny, 43°F,Light Breeze
No. of Photos Taken:
#
4
Est.
Amt._of Waste:__515
yds3
Samples Taken:
Yes #
Interviewed:
No Residence At
The Site
Complaint #:
C-01-1 19, C-05-092
No~
t”LLL~r..1
.,~L~.i
MA~
02
2005
ISECTI0N
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
-
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
2.
9(cJ
CAUSE OR ALLOW OPEN
BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
21(a)
CAUSE
OR ALLOWOPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATiON:
-
(1)
Without
a
Permit
Z
(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
(3)
Open Burning
(4)
Deposition_of Waste in_Standing_or_Flowing_Waters
~_________
(5)
Proliferation of Disease Vectors
-
LI
(6)
Standing or Flowing Liquid Discharge from the Dump
Site
LIII
0258105003
Responsible
Party
Mailing
Add
ress(es)
and Phone
Number(s):
Timothy Pearce
607
Birchwood
Flora, IL
62839
tL~~1-~
/
JDUL
L
Revised 06/18/2001
(Open Dump-i)
LPC#
0258105003
Inspection
Date:
02/16/2005
(7)
Deposition of General Construction or
Demolition Debris;
orClean
Construction or
Demelition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping
of Any Used or Waste Tire
LI
(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
‘LI
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
LI
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(LI)
PCB;
(LII)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
-
I
Informational Notes
Signature of
Inspector(s)
1.
Illinois
Environmental Protection Act: 415 ILCS
5/4.
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 theAgency 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 accordancewith 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.
~AA~Y~
Revised 06/18/2001
(Open Dump
-
2)
Illinois Environmental Protection Agency
Narrative Inspection
Report
Site #:
0258105003
Site Name:
Flora/ PEARCE,
Timothy
County: Clay
Township:
Stanford
RECF~I7F~
Date ofInspection:
February
16, 2005
Inspectors: G. Gross
~
~
2005
GPS Coordinates:
N38.63838°W088.46314°
/
.Bo
Subject:
Open Dump Site Inspection At Timothy Pearce Property
General
Remarks:
A
Follow-up
Open
Dump
Site
Inspection was conducted
on
Wednesday,
February
16, 2005 at the property ofTimothy Pearce.
Garrison Gross ofthe Illinois EPA Bureau of
Land conducted the inspection.
The property is located at 241
North Willow Road, Flora, Illinois.
The inspection was performed as a follow up
to
a telephone complaint and a previous
inspection
conducted on October
19, 2004.
The telephone complaint alleged that additional open dumping of
construction and demolition waste was occurring at the site. Weather conditions
at the-time of the
inspection were mostly sunny,
430
F, with a light breeze.
The inspection began at
11:30 AM.
The construction and demolition waste that was observed on
October 19, 2004 was still
at the site (photos
001
and 002).
It appeared that additional waste had
been recently open dumped at the site.
The dirt entrance was
muddy and several tire tracks were
observed
leading
to
what
appeared
to
be new waste
piles
(photos
003
and
004).
Two of the
photographs
that
were
taken
on
this
inspection
were
taken in
the approximate location
of the
photographs taken on October 19, 2004.
The newconstruction and demolition waste wascomposed
ofprimarilybusted concrete.
Approximately
515
cubic yards ofwaste was observed atthe site.
The
inspection ended at approximately 11:40 AM.
State of
Illinois
ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Site
Sketch
Date:
February
16, 2005
Site#:
0258105003
Site Name:
Flora / PEARCE,
Timothy
County:
Clay
Inspector:
Garrison Gross
GPS Coordinates:
N 38.63838° W 088.46314°
Not Drawn to Scale:
AllLocations AreApproximate
Illinois Environmental Protection Agency
Bureau ofLand
Division ofLand Pollution Control
LPC #
0258105003—Clay County
Flora/PEARCE, Timothy
-
FOS File
Date:
02/16/2005
Time:
11:36 AM
Direction:
West
Photo by:
G.
Gross
,Exposure #:
001
Comments:
File Names: 0258105003-.02162005-fExp. #.jpg
Date:
02/16/2005
Time:
11:36AM
Direction:
West
Photo by:
G. Gross
Exposure#:
002
Comments:
DIGITAL PHOTOGRAPHS
Page
1 of2
illinois Environmental
Protection Agency
LPC # 0258105003
—
Clay
County
Bureau ofLand
Flora/PEARCE, Timothy•
Division of Land Pollution Control
FOS File
DIGITAL PHOTOGRAPHS
Date:
02/16/2005
Time:
11:37 AM
Direction:
West
Photo by:
G. Gross
Exposure #:
003
Comments:
Date:
02/16/2005
Time:
11:38AM
Direction:
West
Photo by:
G.
Gross
Exposure #:
004
Comments:
File Names: O2581O5003--’O2162005-Exp.
#1
.jpg
Page 2 of2
PROOF OF SERVICE
I herebycertifythat I did on the 24th dayofMarch 2005, send byCertified Mail,Return Receipt
Requested, with postage thereon fullyprepaid, by depositing in a United StatesPost Office Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
-
To:
Timothy Pearce
607 Birchwood
Flora, IL
62839
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 fullyprepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
J/zhes M. Kropid
-
-
~ecia1
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
