BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERKSO
COUNTY
OF JACKSON,
)
APR
282005
Complainant,
AC
05.
(J~
STPE~o~a~rd
ELWOOD GLASPER,
and
)
TONY GLASPER,
)
)
Respondents.
)
NOTICE OF FILING
TO:
Etwood Glasper, 403
N. Roan St.,
Johnson City, Tennessee 37601
Tony Glasper, RR3,
Box 20-D, Ava, Illinois 62907
PLEASE TAKENOTICEthat Ihavefiled
with
theOfficeofthe ClerkoftheIllinois Pollution
Control Board the Complaint for Administrative Citation, a copy ofwhich is herewith served upon
Daniel Brenner
Assistant State’s Attorney
March 31, 2005
Daniel Brenner
Assistant State’s Attorney
Jackson
County
Courthouse
Murphysboro, IL 62966
618-687-7200
THIS FILING
IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R E C E
IV E D
CLERK’S OFFICE
COUNTY OF JACKSON,
)
APR 282005
)
STATE OF ILLINOIS
Complainant,
)
Pollution
Control Board
V.
Ac05~~
ELWOOD
GLASPER,and
)
TONY GLASPER,
)
)
Respondent.
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalfofthe
County
ofJackson.
//
Q~4~
Daniel Brenner
Assistant State’s Attorney
Jackson
County
Courthouse, 3” Floor
Murphysboro, IL 62966
618-687-7200
BEFORE THE
ILLINOIS POLLUTION CONTROL BOAR~ECE~VED
CLERK’S OFFICE
V.
ELWOOD GLASPER, and
TONY GLASPER,
)
)
Respondents.
)
Serve on:
Tony
Glasper,
RR3,
Box 20-D, Ava, Illinois 62907
PROOF OF SERVICE
I, the undersigned, hereby certify that a true and correct copy ofthe Administrative Citation
and Appearance were hand delivered to:
Name:
\~
~
Address:
Sex:
Male______
Female______
N
Date of service: R~\\\
cS~
,
2005
Time:
\~
~m.
IS!
Robert Bums, Jackson Co.
Sheriff
By his Deputy
PLEASE RETURN TO:
DANIEL BRENNER
JACKSON COUNTY STATE’S ATTORNEY’S OFFICE
Age:
~2)5—
c~~/
V ~
COUNTY OF JACKSON,
Complainant,
)
)
)
)
)
)
)
ACO5-
APR 28
2005
STATE OF ILLINOIS
PoHutj~nControl Board
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATiVE
CITATION
~
OF$~
COUNTY OF JACKSON,
)
s
1? 282005
)
Pollut1on ~
ILLIN0JC~
Complainant,
)
~°fltroi
~Qa~
v.
)
ACO5-
)
Site Code:
0778005012
ELWOOD GLASPER and
)
TONY GLASPER,
)
)
Respondents.
)
JURISDICTION,
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the
Illinois
Environmental Protection Agency by 415 ILCS
5/1
et. seq.
(2002), specifically 415 ILCS 5/31.1.
FACTS
1. The Respondent, Elwood Glasper, is the present owner and in control and possession of
a facility located in the County ofJackson, State of Illinois.
2. TheRespondent, Tony Glasper, is thelocal operatorand in controland possession a facility
located in the County ofJackson, State ofIllinois.
3. Thefacilityis an opendump, operating withoutan Illinois EnvironmentalProtection Agency
Operating Permit, and designated with the Site Code # 0778005012.
The facility is known to the
Agency as the Ava!Elwood Glasper site.
4.
The Respondents have owned, occupied,
controlled and/or operated the facility at all
relevanttimes hereto.
Page
1
of
5
5.
On March 26,
2005,
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 ofFieldInspector, Don Terry’s, direct observation, he has determined that the
Respondents have causedor allowed open dumpingat the abovedescribed facility in a mannerthat
resulted in the following violations:
That on March 23, 2005, an on-site inspection ofthe facility disclosed the
following:
1.
The Respondents have caused or allowed litter at the facility in violation of415 1LCS
2. The Respondents have caused orallowed open burning at the facility in violation of415
ILCS
5/21Q)(3).
CIVIL PENALTY
In accordance with 415 ILCS
5/42
(b)(4-5),
the Respondent is subject to
a civil penalty of
$1,500.00 for each of violations
specified above.
Additionally,
should the Respondent elect to
petition the Illinois Pollution Control Board under the review process described below, after 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 $3,000.00 fine.
If you acknowledge the violations
cited herein above, the civil penalty
shall be due
and
payable no later thanJune 1, 2005.
Ifyou do not petitionthe Pollution Control Board for reviewof
the Administrative Citationwithin 35 days ofservice oftheAdministrative Citation, orcontestthe
Citation, anyjudgmentthat mayberenderedagainstyou shall specifythe due~date
ofthe-civilfmeand
any additional costs assessed againstyou.
Page
2
of
5
Whenpayment is made,yourcheckshould be madepayableto theJackson County’sTreasurer
Office
and mailed
to
the
attention
of
Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro, Illinois, 62966.
Also,pleasecompleteand returntheenclosed remittanceform, along
with yourpayment, to assure proper credit.
Ifany civilpenalty is not paidwithintheprescribedtime, thelaw allows fortheaccumuintio~
and payment ofinterest on the remainingunpaid balance. Ifany civil penalty is not paidwhen due,
theOffice ofthe State’sAttorney shall be requestedto initiateproceedings in Circuit Courtto collect
the penalty.
In addition to
the civil penalty, hearing costs, and interest, ifany, the Jackson County
State’s Attorneymay seek to recover their costs oflitigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
Youhavethe right
to
contestthis
Citation,
pursuant
to
415
ILCS
5/31.1.
Ifyouelectto contest
this Citation, you must file a Petition For Review withthe Clerk ofthe Illinois Pollution Control
Board.
A copy ofthe 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 thedate of
service
ofthe presentcitation onyou. Ifyou
fail tofileyour Petition1aDefault Orderagainstyouwill enteredby the
Pollution
ControlBoard.
Your
original Petition must be filed
with the Clerk ofthe Board at:
Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
Page
3
of
5
A copy must also be sent to:
Office ofthe State’s Attorney
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse, ~
Floor
Murphysboro, 1162966
DATED:
4/!~
,2005
Daniel Brenner
Assistant
State’s Attorney
Page
4
of
5
RECEIVED
CLERK’S OFFICE
REMITTANCE
FORM
APR 282005
STATE OF ILLINOIS
Pollution Control Board
COUNTY OF JACKSON,
)
)
Complainant,
)
)
v.
)
NO.AC05-(~
)
ELWOOD GLASPER, et.al.,
)
)
Respondents.
)
FACILITY:
AvalElwood Glasper
COUNTY:
JACKSON
DATE OF iNSPECTION:
March 23, 2005
SITE CODE:
0778005012
CIVILPENALTY:
$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
Page
5
of
5
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN THE
MATTER OF:
077 800 5012
/ Jackson
County
Ava / Elwood Glasper
COMPLIANCE FILE
Respondent.
Afflant, Don
Terry,
being first
duly
sworn, voluntarily deposes
and
states as follows:
1.
Afflant
is a field inspector employed by Jackson
County
Health Department
and
has been
so employed at alltimes pertinent hereto.
2.
On March23, 2005,
between
the
hours of11:36 am and 11:42 am, Affiant
conducted an
inspection ofthe open dump site
known as
Ava/ Elwood
Glasper,
Jackson County,
Illinois.
3.
Afflant inspected said open dump site by an on-site inspection.
4.
As aresult ofthe activities referredto
in Paragraphs 2
and
3 above, Afflant
completedthe Inspection Report form attached hereto and made a
part
hereof,
which,
to
the best ofAfflant’s knowledge and belief
is an accuraterepresentation
of
Afflant’s
observations
and
factual conclusions with respect to said Elwood
Glasper, Ava, Illinois, open dump
site.
~
•)~j~
Don
Terry
Solid Waste Inspector
Subscribed and Sworn To before me
this
~
day
of
rr~-~
,2005
~
~ru
Jç
-j)
f
1~0~LHARTUNG
~1
/
J’~/~4J~~4/
~
.~ViV~YV
NOTARY PUBLIC. STATE OF ILUNOIS
•
(JNotary Public
MY COMMISSION EXPIRES
03104/2006
EXHIBIT
A
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Jackson
LPC#:
077 800 5012
Region:
7
-
Marion
Location/Site
Name:
Ava / Elwood Glasper
Date:
03/23/2005
Time:
From
11:36 am
To
11:42 am
Previous Inspection Date:
01/20/2005
Inspector(s):
Don Terry
Weather:
40°F
--
cloudy with gusting winds
No. of Photos Taken:
#
10
Est. Amt. of Waste:
100
yds3
Samples Taken:
Yes #
No
~
Interviewed:
no one at site
Complaint #:
2003-1 40
Responsible
Party
Mailing Address(es)
and
Phone
Number(s):
***
OPERATOR
***
***
OWNER
***
Tony Glasper
Elwood Glasper
RR3
-
Box 20-D
403 N.
Roan
St.
Ava,
IL
62907
Johnson City, TN
37601
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
3.
12(a)
CAUSE,
THREATEN
OR ALLOW WATER
POLLUTION
IN
ILLINOIS
LI
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
LI
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
LI
(2)
In Violation
of Any Regulations or Standards Adopted by the Board
LI
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
•
LI
(3)
Open Burning
(4)
Deposition_of Waste
in_Standing or Flowing_Waters
LI
(5)
Proliferaflon
of Disease Vectors
LI
(6)
Standing or Flowing
Liquid Discharge from the Dump Site
LI
Revised 06/18/2001
(Open Dump
-
1)
LPC #
077 800 5012
Inspection
Date:
03/23/2005
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
Demolition Debris
LI
9.
55(a)
NO PERSON SHALL:
(1)
Cause orAllow 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 C
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO
DEVELOP AND
OPERATEALANDFILL
LI
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;
(LI)
CIRCUIT COURT
CASE
NUMBER:
ORDER ENTERED
ON:
LI
•
15.
OTHER:
•
•
LI
LI
LI
LI
LI
LI
Informational
Notes
~J
\•
(\/\L~)1•
C#~
)PAA,t4
Signature of ~~tor(s)
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 textof 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)
NARRATIVE
INSPECTIONREPORTI)OCUMENT
OPEN DUMP SITE
Date ofInspection:
March 23,
2005
Inspector:
Don
Terry
Site Code:
077 800 5012
County:
Jackson
Site Name:
Ava
I
Elwood Glasper
Time:
•
11:36 am
—
11:42 am
Property Owner:
Elwood
Glasper
Site Operator:
Tony Glasper
G.P.S.:
N
37°53.959
W 089°30.754
•
Volume ofWaste:
100 cu /yds
GENERAL REMARKS
This
inspection was made as a followup to
one conducted on January 20,
2005.
Weather conditions at the
time ofthe inspection were:
cloudy with gusting winds and a temperature ofapproximately 40°F.
Upon arrival at the site I observed
9 vehicles on the site
(Photos
#143,
See sketch).
These vehicles
appeared abandoned and the same ones seen on the site during previous inspections.
To
the northeast ofthe house, observed
a burn
pile (Photos #2, #4 & #10, See sketch).
This
is the same
area where I observed abum pile during all other inspections.
The waste in this pile consisted ofmaterials
which were both charred and whole
and
included:
metal mattress springs, plasticbottles, scrap metal,
furniture,
paper, plastic bags, ash,
and
other materials
not readily identifiable.
A review ofphotos from the
January 20, 2005 inspection indicate that most ofthe waste observed during this inspection wasplaced on
the pile after January 20, 2005.
This would indicateopen burning ofwaste is still occurring at this site.
Southeast ofthe house I observed an abandoned mobile home.
This is the same one observed
on previous
inspections (Photos
#3,
#7
& #8, See sketch).
The mobile home is still missing a door allowing the
contents to be affected by the elements (Photos
#3,
#7
&
#8,
See sketch).
South ofthe house I observed commercial white goods and other materials not readily identifiable (Photos
#6 &
#9, See sketch).
This appeared to he the
samewaste observed during previous inspections open
dumped on the site.
I also observed a pile ofapproximately
15 waste tires open dumped near the
abandoned mobile home (Photos #7 & #8, See sketch).
It does not appear that much waste has been removed from site since-my last inspection and theopen
burning ofwaste continues.
The inspection ended at approximately 11:42 am.
Page 2
077 800 5012
Ava
I
Elwood
Glasper
March 23,2005
Continuing Violations Observed:
Item #1(9)(a):
Cause, threaten or allow air pollution in Iffinois;
Item #2(9)(c): Cause or allow open
burning;
Item #8(2fl(n)(3): Cause or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(3) Open Burning:
During the
inspection, evidence
ofcontinued open
burning was found
on the
site (Photos #2, #4 and #10, see
sketch).
Item
#5(21)(a):
Cause or allow open
dumping;
Item #8(21)(u)(1): Cause or allow the open
dumping ofany waste in a manner which results in any ofthe following occurrences at the dump
site:
(1) Litter:
During
the inspection the continued
open dumping ofmaterials resulting
in litterwas
observed
(Photos #1
—
#10, see sketch).
Item #9(55)(a)(1):
No person shall: Cause or allow open dumping ofany used or waste tire:
Used
tires
which had
been open dumped were observed at the site during the investigation (Photos #7 & #8,
see
sketch).
Item #6(21)(d)(1):
Conduct any waste-storage, waste-treatment, or waste-disposal operation:
Without a
permit;
Item #6(21)(d~(2):Conduct any waste-storage, waste-treatment, or waste-
disposal operation: In violation of any regulations or standards adopted by the Board;
Item
#7(21)(e):
Dispose,treat, store, or abandon any waste, or transport any waste into the State at/to
sites not meeting requirements ofthe Act:
There
is
still no record
ofMr. Glasper or his
son Tony
having applied for or
having
received a permit from the Agency to operate a
waste-storage, waste-
treatment, or waste-disposal operation.
Continued violations ofthe Act and standards established by the
Board were observed regarding the lackof
daily
cover
and
the lack oflitter control.
Item #10(812.101)(a): Failure to submit an application for
a permit
to develop and operate a
landfill;
Item #15(807.201): Failure to obtain a Developmental Permit to
operate a solid waste
management site;
Item #15(807.202): Failure to obtain an Operational Permit to operate a solid
waste management
site:
There is still no record ofMr. Glasper or his son Tony
having applied for or
having received
developmental or operational pennits for a waste management
site.
Addendum:
On March 28, 2005, this inspector contacted the Jackson County Assessor’s Office to confirm
ownership of the site known as Ava /Elwood Glasper.
The Jackson County Assessor’s Office
informed me that the owner is listed as EJwood Glasper residing at 403 N. Roan
St., Johnson City,
TN 37601,
~~IN~cnON
Date Of Inspection:
March 23, 2005
Inspector:
Don Terry
Site Code:
077
800 5012
County:
Jackson
Site Name: Ava / Elwood Glasper
Time:
1 1:36 am
—
11:42am
Not Drawn to Scale
All locations are
approximate
0
indicates approx. location &
direction ofphotos
IN
Date:
March 23, 2005
Site #:
077 800 5012
County:
Jackson
Digital
Inspection
Photo
Sheet
Time:
11:38am
Site Name:
Ava
I
Etwood Glasper
Photo taken by:
Don
Terry
Comments
-.
Photo taken towards:
West
Photo File Name:
0778005012-03232005-01
-
T
-
II
Date:
March 23, 2005
Time:
11:38am
Photo taken by:
Don
Terry
Comments
—
Photo taken towards:
West
Photo File Name:
0778005012-03232005-02
Digital
Inspection Photo Sheet
Date:
March 23, 2005
Site #:
0778005012
County:
Jackson
Time:
11:38am
Photo taken by:
Don Terry
Comments
—
Photo
taken towards:
Southeast
Photo File Name:
0778005012-03232005-03
Date:
March
23, 2005
Time:
11:38am
Photo taken
by:
Don
Terry
Comments
—
Photo
taken towards:
West
Photo File Name:
0778005012-03232005-04
Site Name:
Ava
I
Etwood
Glasper
Date:
March
23,
2005
Site #:
0778005012
County:
Jackson
Digital
Inspection
Photo Sheet
Time:
11:39am
Site Name:
Ava
I
Elwood Glasper
Photo
taken by:
-
Don
Terry
Comments
—
Photo
taken towards:
West
Photo File Name:
0778005012-03232005-05
Date:
March 23, 2005
Time:
11:39am
Photo
taken by:
Don
Terry
Comments
—
Photo
taken towards:
Southwest
Photo File Name:
0778005012-03232005-06
Date:
March
23, 2005
Site #:
0778005012
County:
Jackson
Digital
Inspection
Photo Sheet
Time:
11:39am
Site Name:
Ava
1
Elwood Glasper
Photo
taken by:
Don Terry
Comments
—
Photo taken towards:
South
Photo File Name:
0778005012-03232005-07
Date:
March 23, 2005
Time:
11:39am
Photo
taken by:
Don Terry
Comments
—
Photo taken towards:
South
Photo File Name:
0778005012-03232005-08
Digital
Inspection
Photo Sheet
Date:
March
23, 2005
Site #:
077 800 5012
-
County:
Jackson
Time:
11:40am
Photo
taken by:
Don
Terry
Comments
—
Photo taken towards:
West
Photo File Name:
0778005012-03232005-09
Date:
March 23, 2005
Time:
11:40am
Photo
taken by:
Don Terry
Comments
—
Photo
taken towards:
North
-
Photo File Name:
0778005012-03232005-10
Site Name:
Ava
I
Elwood
Glasper
