RECEIVED
CLERK’S OFFLC~
JAN
29
200k
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
STATE OF ILLINOIS
PoUut~ofl
Control Board
COUNTY OF JACKSON,
)
)
Complainant,
)
v.
)
ACO4-
~
)
NOTICE OF FILING
TO:
Gary Easton,
P.O. Box 796, Murphysboro, Ii 62966
PLEASE TAKENOTICEthat I have filedwith theOfficeoftheClerkoftheIllinois Pollution
Control Board the Complaint for Administrative
served upon
you.
(.
January 16, 2004
Daniel Brenner
Assistant
State’s Attorney
Jackson County
Courthouse
Murphysboro, IL 62966
61 8~687-7200
)
GARY EASTON,
)
)
Respondent.
Assistant State’s Attorney
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECE
WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
29
200k
COUNTY OF JACKSON,
Complainant,
)
V.
STATE OF ILLINOIS
Pollution Control Board
)
)
ACO4
)
GARY EASTON,
)
)
Respondent.
)
I hereby file my appearance in this proceeding, on behalfofthe County
Jackson County Courthouse, 3~
Floor
Murphysboro, IL 62966
618-687-7200
APPEARANCE
Assistant State’s Attorney
RECE~VE~
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
JAN
292004
ADMINISTRATIVE CITATION
STATE
OF
ILLINOIS
Pollution Control Board
COUNTY OF JACKSON,
)
)
Complainant,
)
v.
)
ACO4-
)
Site Code:
0778140027
GARY EASTON,
)
)
Respondent.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the
Illinois
Environmental Protection Agency by 415
ILCS
5/1
et.
seq.
(1996), specifically 415 ILCS 5/31.1.
FACTS
1. The Respondent is the present owner and
occupant and
in
control and possession of a
facility located in the County ofJackson, State of Illinois.
2. Thefacilityis an open dump, operating withoutan Illinois Environmental Protection Agency
Operating Permit, and designated
with the Site Code #0778 140027.
The facility is known to the
Agency as the Murphysboro/Easton Automotive site.
3. TheRespondenthasowned, occupied, controlledand/oroperated thefacility at all relevant
times hereto.
4. On December 17, 2003, 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 ofField Inspector, Don Terry’s, direct observation, he has determined that the
Respondent has caused or allowed open dumping at the above described facility in a manner that
resulted in the following violations:
That on December
17, 2003,
an on-site inspection ofthe facility disclosed the following:
1.
The Respondent has
caused or allowed litter at the facility
in violation of 415
ILCS
5/21
(p)(1).
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 $1,500.00 fine.
If you acknowledge the violations
cited herein above, the
civil
penalty
shall
be due
and
payable no later than March
1, 2004.
Ifyou do not petition the Pollution Control Board for review
ofthe Administrative Citationwithin 35 days ofserviceoftheAdministrative Citation, orcontestthe
Citation, anyjudgment that maybe renderedagainstyou shall specif~r
thedue dateofthecivil fineand
any additional costs assessed against you.
Whenpayment is made, yourcheckshould be made payableto theJacksonCounty’s Treasurer
Office
and
mailed
to
the
attention
of
Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro, Illinois, 62966.
Also,please complete and returnthe enclosedremittanceform, along
with your payment, to assure proper credit.
Ifany civil penalty is not paid withintheprescribedtime, the law allows forthe accumulation
and payment ofinterest on the remaining unpaid balance.
Ifany civil penalty is not paid when due,
the Office ofthe State’s Attorney shall be requested to initiate proceedingsin 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
Youhavethe
right
to contest
this
Citation, pursuantto
415
ILCS
5/31.1.
Ifyou elect to contest
this Citation, you must file a Petition For Review with the Clerk ofthe 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 within35 days of thedate ofservice ofthe present citation on you. Ifyou
failtofile yourPetition, a Default Orderagainstyouwillentered by thePollution 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
A copy must also be sent to:
Office ofthe
State’s Attorney
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse,
3rd
Floor
Murphysboro, Ii 62966
DATED:
,/ 1/~2
,2004
Assistant State’s Attorney
REMITTANCE
FORM
COUNTY OF JACKSON,
)
)
Complainant,
)
)
v.
)
NO.ACO4-
)
GARY EASTON,
)
)
Respondent.
)
FACILITY:
MURPHYSBORO/GARY CLOVER SITE
COUNTY:
JACKSON
DATE OF INSPECTION:
December
17, 2003
SITE CODE:
0778140027
CIVIL PENALTY:
$1,500.00
Date Remitted
__________________
SS/FEIN #
_________________
Signature
NOTE
Please include the information on the blank lines.
Mail this form with yourcheck to:
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
JACKSON COUNTY HEALTH DEPARTMENT
077
814 0027 / Jackson County
Murphysboro / Easton Automotive
COMPLIANCE FILE
Respondent.
AFFIDAVIT
Afflant, Don Terry, being first duly sworn, voluntarily deposes and states as follows:
1.
Afllant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto.
2.
-
On December
17, 2003, between the hours of 9:50 am and
9:55
am, Affiant
conducted an inspection ofthe open dump siteknown as Murphysboro / Easton
Automotive, Jackson County, Illinois.
3.
Affiant inspected said open dump site by an inspection from a location adjacent to
the site.
.
-
4.
As a result ofthe activities referred to in Paragraphs 2 and
3 above, Afflant
completed the Inspection Report form attached hereto and made a part hereof;
which, to the best ofAffiant’s knowledge and belief; is an
accurate representation
ofAffiant’s observations and factual
conclusions with respect to said Gary Easton,
Murphysboro, Illinois, open dump site..
.—.
~\.
~/~A~-71
(~M
,.,~
Don
Teri~
Solid Waste Inspector
Subscribed and Sworn To before me
this
~
day of
U
-
“OFFICtAL SEAL’
I
TRACY L.
HARTUNG
~
NOTARY PUBLIC,
STATE OF ILLINOIS
MY COMMISSION
EXPIRES
03/04/2006
-
~i4ri~iY~A
I~ TIlE MATTER
OF:
2004
L~z7~TDMENL~J
Date
of Inspection:
December
17,
2003
Inspector:
Don
Terry & Bart Hagston
Site Code:
077 814 0027
County:
Jackson
Site Name:
Murphysboro / Easton Automotive
Time:
9:50 am
—
9:55
am
Location:
Ava
Road, Murphysboro, IL
Owner ofProperty:
Gary Easton
Volume ofWaste found at site:
600
cu / yds
GPS:
N 37°48’21.43~
W
089°19’55.15”
GENERAL REMARKS
During
the above date and
time, I conducted
an inspection ofthe site listed above.
This inspection
was made as a follow up to one made on April
25,,
2003
by this office. I was accompanied on this
inspection by Bail Hagston ofthe Jackson County Health Department.
This inspection was made from a public roadway.
We drove by the site on Calcutta Ln which
bordersthe Easton siteto the west.
From this location I observed waste that had been open
dumped on the
property.
The waste materials included abandoned vehicles,
abandoned tractors and
tractor
parts,
tire rims, scrap metal,
barrels
and other
materials
not readily identifiable (Photo #1
-
#4, see sketch).
During the inspection the open dumping
ofwaste
tires
was also observed.
Mr. Easton owns
an
automotive business but I observed
no evidence ofthe systematic reuse ofthese
tires by Mr. Easton
in
the regular course of
his
business.
The
tires were open dumped in the back yard without cover
(Photo #2, see sketch).
.
.
My mspection ended at approximately 9
55
am
Page2
0778140027
Murpysboro / Easton Automotive
December 17, 2003
Violations Observed:
Item
#5(21)(a):
Cause or allow open dumping;
Item #8(2l)(p)(l):
Cause or allow the open
dumping ofany waste in
a mannerwhich
results in any ofthe following occurrences at the
dump site:
(1)
Litter: During the inspection, open dumpingwas observed that resulted in litter.
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 ofany regulations or standards adopted by the Board:
There is no record that Mr. Easton received a permit from the Agency to conduct a waste-storage,
waste-treatment, or waste-disposal operation.
Also during the inspection violations regarding the
operation ofa waste-storage, waste-treatment, or waste-disposal operation were observed.
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: Due to the
quantity and type ofwaste
observed
during the inspection, it would be reasonable
to
assume that the materials were
transported from anther site and consolidated for disposal at this location.
Item
#9(55)(a)(1):
No person
shall:
Cause or allow open dumping of any used or waste tire:
During the inspection, the open dumping ofwaste tires was observed.
Item #10(812.100(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 no
record that Mr. Easton has applied for or
obtained a permit to develop or operate a landfill
or a solid
waste management site.
OPEN DUMPINSPECTION
SITE SKETCH
Date Of
Ins
pection:
December 17,
2003
Inspector: Don
Terry& Bail Ragston
Site Code:
077 814 0027
County: Jackson
Site Name:
Murphysboro / Easton Automotive
Time:
9:50 am
—
9:55
am
Not Drawn to Scale
All
locations are approximate
0
indicates
approximate
location & direction ofphotos
_______________
Easton
f~per~
~hed
Shed
Ln
I-
0
-r
cD
-1
DIGITAL iNSPECTION PHOTOS
Date: December 17, 2003
Site #: 077 814 0027
County:
JACKSON
Time:
9:55
am
Site Name:
Murphysboro
/ Easton Automotive
Photograph taken by:
Bail
Hagston
COMMENTS: Pictures taken toward:
East
PHOTO FILE NAME:
0778140027-12172003-01
Date: December
17,
2003
Time:
9:55
am
Photographtaken by:
Bart
Hagston
COMMENTS: Pictures taken toward:
East
PHOTO FILE
NAME:
0778140027-12172003-02
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site
#: 077 814 0027
County:
JACKSON
Time:
9:55
am
Site Name:
Murphysboro / Easton Automotive
Photograph taken
by:
Bail Hagston
COMMENTS: Pictures takentoward:
East
PHOTO
FILE
NAME:
0778140027-12172003-03
Date: December 17, 2003
Time:
9:55
am
Photographtaken by:
Bait Hagston
COMMENTS:
Pictures takentoward:
East
PHOTO
FILE
NAME:
0778140027-12172003-04
O77~14~CZ~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ei~
COLTNTYOFJACKSON,
)
RECEIVED
)
CLERK’S OFFICE
Complainant,
)
JAN
292004
)
AC 04-
STATE OF ILLINOIS
)
Pollution Control Board
GARY EASTON,
)
)
Respondent.
)
Serve on: Gary Easton, P.O. Box 796, Mursphysboro, IL 629662
PROOF OF SERVICE
I, theundersigned, hereby certify that a true and correct copy ofthe Administrative Citation
and Appearance were hand
delivered to:
Name:
______________________
Address:
~
Sex:
Male__fr~~Female______
Age:
i~r/~1jl
(
Date ofservice~,~.~J
l~
2004
Time:/
.m.
IS!
Robert Burns, Jackson Co.
Sheriff
By his ~
PLEASE RETURN TO:
DANIEL BRENNER
JACKSON COUNTY STATE’S ATTORNEY’S OFFICE
