RECE WED
CLERK’S OFFICE
JAN
28
200k
STATE OF ILLINOIS
Pollution Control Board
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.
RECEIVED
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
ADMINISTRATIVE CITATION
JAN
28200k
STATE OF
ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
~4
~
v.
)
(IEPANo.
15-04-AC)
)
CHERYL CLAYTON,
)
)
Respondent.
)
NOTICE
OF
FILING
To:
Cheryl Clayton
Dennis Woodworth, Attorney
P.O. Box 5245
435 Hampshire Street
Quincy, Illinois
62305
Quincy, Illinois
62301
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.
Respectfullysubmitted,
Special Assistant AttorneyGeneral
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield,
Illinois 62794-9276
(217)782-5544
Dated:
January 22, 2004
THIS
FILING
SUBMITTED ON
RECYCLED PAPER
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
28
2004
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPAN0.
15-04-AC)
)
CHERYL CLAYTON,
)
)
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
ILCS5/31.1
(2002).
-
FACTS
1.
That Cheryl Clayton (“Respondent”) is the present ownerof a property located at 766
North
550th
Avenue,
Quincy, Adams
County,
Illinois.
The site
is commonly known to
the Illinois
Environmental Protection Agency as Marblehead/Clayton.
2.
That said site isan open dump operating without an Illinois Environmental Protection
Agency Operating
Permit and is designated with Site Code
No. 0018075006.
3.
That Respondent has owned said property at all times pertinent hereto.
4.
That
on
December
29,
2003,
Jan
Mier
of
the
Illinois
Environmental
Protection
Agency’s Springfield Regional Office inspected the above-described site.
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 December 29,
2003
inspection
of
the
above-named
site,
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
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 stalutory
civil penalty
specified above shall be due and payable no later than March 15,2004, unless otherwise provided
by order of the Illinois Pollution
Control Board.
-
If Respondent elects to contest this Administrative Citation bypetitioning the Illinois Pollution
Control 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
~rein,~afteran
adjudicatoryhearing,
Respondentshall
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.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondent fails
to petition orelects not to petition the Illinois Pollution Control
Board for reviewof this Administrative
Citation within thirty-five (35) days
of the date of service, the Illinois
Pollution
Control
Board
shall
2
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 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
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 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 againstthe Respondent.
R
~
Date:
/
/~/~
Renee Cipriano,
Director
i~
/
/
Illinois Environmental Protection Agency
Prepared
by:
Susan
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.15-04-AC)
)
CHERYL CLAYTON,
)
)
Respondent.
)
FACILITY:
Marblehead/Clayton
SITE CODE NO.:
0018075006
COUNTY:
Adams
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
December 29, 2003
-
DATE REMITTED:
SS/FEIN
NUMBER:
SIGNATURE:
NOTE
Please enter the
date
of
your remittance,
your
Social
Security number (SS)
if
an
individual or
-
Federal EmployerIdentification 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:
Clayton, Cheryl
)
)
IEPA DOCKET
NO.
)
Respondent.
)
Affiant,
Jan Mier,
being first duly sworn, voluntarily deposes
and
states as
follows:
1. Affiant
is
a field inspector employed
by the Land Pollution
Control
Division of the Environmental Protection
Agency and
has
been so employed
at
all
times pertinent hereto.
2.
On
December29, 2003 between
12:55p.m. and 1:15p.m.,
Affiant conducted
an inspection
of an open dump, located
in
Sangamon
County,
Illinois and
known as
Marblehead/Clayton
by
the Illinois
Environmental
Protection Agency.
Said
site has
been
assigned site code number LPC#001 8075006 by the Agency.
3.
Affiant inspected said
site by an on-site
inspection, which
included walking
and
photographing the site.
4.
As a
result of the 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 of Affiant’s observations
and
factual conclusions with
respect to
said
open dump.
Subscribed
and
Sworn to
Before
Me
this 7~dayof~~~2004
Notary Public
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump
Inspection Checklist
County:
ADAMS
Location/Site Name:
Date:
12/29/03
Inspector(s):
JAN MIER
No. ~ofPhotos Taken:
#
8
Interviewed:
NO ONE
ON
SITE
CHERYL CLAYTON
P.O.
BOX 5245
QUINCY,
IL
62305
LPC#:
0018075006
MARBLEHEAD/CLAYTON
Region:
5
-
Springfield
Time:
From
12:55
PM
To
1:15
PM
Previous ‘Inspection
Date:
7/7/03
‘Weather:
30F, OVERCAST
AND WINDY
Est. Amt._of Waste:__80
yds3
Samples Taken:
Yes #
Complaint #:
C-03-101-C
Responsible
Party
Mailing Address(es)
and
Phone
Number(s):
No
~
~C~/!
~
n
u
9
/~•p14
SECTION
DESCRIPTION
VI,OL~
ILLINOIS
ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN OR ALLOW
AIR POLLUTION
IN
ILLINOIS
-
LII
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
-
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
(2)
In
Violation
of Any Regulations or Standards Adopted by the Board
--
LIII
7.
21(e)
DISPOSE,
TREAT,
STORE, ORABANDONANY WASTE,
OR
TRANSPORTANY WASTE
INTO THE STA TEAT/TO SITES NOTMEETING REQUIREMENTS OFACT
AND
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
0
LI
(3)
Open Burning
“
(4)
Deposition of Waste
in Standing
or Flowing Waters
‘
LI
(5)
Proliferation of Disease Vectors
,
LI
(6)
Standing or Flowing Liquid Discharge
from
the Dump
Site
‘
LI
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0018075006
Inspection Date:
12/29/03
(7)
Deposition
of Genera! Construction or Demolition Debris; or Clean Construction or
LI
I
9.
55(a)
NO PERSON
SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or Waste
Tire
LII
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBflTLE
G
10.
812.101(a)
FAILURE TO SUBMIT AN
APPLICATION
FOR
A PERMIT TO DEVELOP AND
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE
FROM A WASTE TRANSPORTER WITHOUTA
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
-
14.
APPARENT
VIOLATION OF:
(Lii)
PCB;
(LII)
CIRCUIT COURT
CASE
NUMBER:
ORDER ENTERED ON:
15.
OTHER:
Informational Notes
Signature of Inspector(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 text of requirements can ~efound
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 06/1 8/200
1
(Open Dump
-
2)
Illinois Environmental
Protection
Agency
/
Inspection Narrative
~4AJ
,~,~
LPC#0018075006
-
Adams County
Inspection Date— 12/29/03
Marblehead/Clayton
Inspector
—
Jan Mier
‘-Pc
C-03-101-C
FOS File
On December 29, 2003, I conducted a re-inspection at the above
—
referenced site.
The
property owner, Cheryl
Clayton, was sent an Administrative Citation Warning Notice
(ACWN) on August
1, 2003.
The ACWN gave a deadline date of September
1, 2003
for
removing the waste on site and September
15,
2003
for submitting copies ofreceipts for
disposal ofwaste.
The response by Ms.
Clayton’s attorney, Dennis Woodworth, stated a
portion of the property inspected did not belong to Ms. Clayton.
This was researched at
the Adams County courthouse, and a deed to the property east ofthe house foundation
was found.
Mr. Woodworth had stated the house had burnt down in February of2003
and Ms. Clayton
and her husband were advised by the Payson Fire Department to burn
the remaining shell to
the ground, if there was no wind present, which they did.
The area
surrounding the house foundation did belong to Cheryl Clayton.
Mr. Wood~vorth
also
stated Ms.
Clayton would
remove the debris
from the foundation and dispose of it
in
a
local
landfill.
No receipts have been received from Ms.
Clayton.
I tried calling Mr.
Woodworth two times and
left messages concerning the Clayton property.
These calls
were not returned and I was unable to
contact Ms.
Clayton
about re-inspecting the
property.
I arrived at
12:55
p.m.
The weather was
300
F, windy and overcast.
I observed
a child’s
table and
chair and wading pooi within the foundation that was not observed during my
previous inspection
(see photo #00 1).
Two piles of burnt waste were
still on site (see
photo #002).
The foundation still contained the burnt remains ofthe house and, in
addition,
a fan and a child’s toy refrigerator were observed (see photo #003).
I walked to the south side of the property and behind a shed on site were
eight tires off
the rim (see photo #004).
These were observed during the previous inspection.
Around
the shed were
also an
old sewing machine cabinet, a high chair and bicycle (see photo
#005).
I was able to
see down the ravine that
is on the south and west side ofthe
property since the frost had taken the weeds down.
There I observed waste had been
deposited.
On the south side in the ravine were a washer, a stove, plastic, metal items
and children’s plastic toys (see photo #006).
On the west side
in the ravine I observed
an
appliance, a plastic garbage bin, plastic and household refuse (see photo #007).
Under the south end ofthe foundation a cistern or well
had been covered by a board (see
photo #008).
I notified the Adams County Health Department about this.
I departed at
1:15 p.m.
Violations observed at the time ofthe inspection
are noted on the attached checklist.
cc:
DLPC/FOS
—
Springfield Region
Leonard Schnellbecker
—
Adams County Health Department
LPC~ct~o~5oo~-
A
IV\&rbLQ(A-?qà
(C_(~0t-tcs
Fob
~
Qppro)c
tflmniQ..~
(.0
0-1
STATE
OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date ofInspection:
12/29/03
Inspector:
Jan Mier
Site Code:
LPC#0018075006
County:
Adams
Site:
Marblehead/Clayton
Time:
12:55
p.m.
—
1:15
p.m.
NORTH
Measurements Approximate
Directionof Photo
—*
Not to Scale
/
r
illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC
#0G18075006
—
County
Marblehead/Clayton
FOS File
Date:
12/29/03
Time:
12:57 p.m.
Direction: W
Photo by:
Jan Mier
Photo File Name:
001 8075006~12292003-001
Comments:
Foundation of
burnt
house with
lumber, plastic piping, plastic toys
Date:
12/29/03
Time:
12:58 p.m.
Direction: NW
Photo by: Jan Mier
Photo File Name:
0018075006-12292003-002
Comments:
One ofthe burn piles on site
•
illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #0018075006
—
County
Marblehead/Clayton
FOS File
Date:
12/29/03
Time:
12:59 p.m.
Direction:
NW
Photo by: Jan Mier
Photo File Name:
0018075006-12292003-003
Comments:
Looking down into basement
of
foundation with brick concrete, fan
and child’s plastic
furniture
Date:
12/29/03
Time: 12:59 p.m.
Direction:
S
Photo by:
Jan
Mier
Photo File Name:
001 8075006—I2292003-004
Comments:
Offthe rim
tires
on site
•
Illinois
Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #0018075006
—
County
Marblehead/Clayton
FOS File
Date:
12/29/03
Time:
1:00 p.m.
Direction:
E
Photo by:
Jan
Mier
Photo File Name:
0018075006—I 2292003 -005
Comments:
Old sewing machine with bicycle
and high
chair
Date:
12/29/Q3
Tune:
1:05p.m.
Direction: SW
Photo by: Jan
Mier
Photo File Name:
0018075006-42292003-006
Comments:
Looking down ravine at
appliances, toilet, scrap metal
and
household refuse
•
illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #OG1
8075006
—
County
Marblehead/Clayton
FOS
File
Date:
12/29/03
Time:
1:06p.m.
Direction: W
Photo by:
Jan Mier
Photo File Name:
001 8075006--i 2292003-007
Comments:
Looking downravine
at washing
machine, concrete,
metal and
plastic
Date: 12/29/03
Time:
1:07p.m.
Direction: SW
Photo by: Jan
Mier
Photo File Name:
0018075006-42292003-008
Comments:
Looking down at cistern or well
that was covered by
board
L
0018075006-12292003.doc
PROOF OF SERVICE
I hereby certify that I did on
the 22nd day ofJanuary 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 followinginstrument-(s)entitledADMlNSTRATWE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Cheryl Clayton
Dennis Woodworth, Attorney
P.O. Box
5245
435 Hampshire Street
Quincy, Illinois
62305
Quincy, Illinois
62301
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
ichelle M. 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
