RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
JAN
292004
COUNTY OF JACKSON,
Complainant,
FRANK STONEMARK,
Respondent.
)
)
)
)
STATE OF ILLINOIS
POII~tjon
Control Board
NOTICE OF FILING
TO:
Frank Stonemark, 2417
-
20
New Era Road, Murphysboro, Illinois 62966
PLEASE TAKE NOTICEthat I have filedwith theOffice oftheClerk oftheIllinois Pollution
Control Board the Complaint for Administrative Citation, a
you.
January 9, 2004
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse
Murphysboro, IL
62966
618-687-7200
Daniel Brenner
Assistant State’s Attorney
v.
)
ACO4-43
)
)
)
)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 292004
COUNTY OF JACKSON,
)
Complainant,
)
STATE OF ILLINOIS
POIIUtjO~
Control Board
)
)
ACO4-
)
FRANK STONEMARK,
)
)
Respondent.
)
I hereby file my appearance in this proceeding, on behalfofthe County ofJackson.
APPEARANCE
V.
Assistant
State’s Attorney
Jackson County Courthouse,
3rd
Floor
Murphysboro, IL
62966
618-687-7200
RECEIVED
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: 0778125012
FRANK STONEMARK,
)
)
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 ofa
facility located in the County ofJackson, State of Illinois.
2. The facilityis an open dump, operating withoutan Illinois Environmental ProtectionAgency
Operating Permit, and designated with the Site
Code # 0778125012.
The facility is known to the
Agency as the Pomona/Frank Stonemark site.
3. The Respondenthasowned, occupied, controlled and/nroperatedihefacility at all relevant
times hereto.
4.
On January
7,
2004,
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 January 7, 2004, 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
5/2l(p)(l);
and
2.
TheRespondenthascaused orallowedthe deposition ofigeneral con&tr-uction-ordemolition
debris; or clean construction or demolition debris atthe facility in violationof415 ILCS
5/21 (p)(7).
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 than March
1, 2004.
Ifyou do not petition thePollution Control Board for review
oftheAdministrative Citationwithin 35 daysofserviceoftheAdministrative Citation,orcontest the
Citation, anyjudgment thatmay be renderedagainstyou shallspecifythedue date ofthe civil fine and
any additional costs
assessed against you.
Whenpayment is made,yourcheck should be made payable to theJacksonCounty’s Treasurer
Office
and
mailed
to
the
attention
of Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro, Illinois, 62966.
Also,pleasecomplete and return the enclosedremittance form, along
with your payment, to assure proper credit.
Ifany civil penalty is not paid withintheprescribedtime, the law allows for theaccumulation
and payment ofinterest on the remaining unpaid balance. Ifany civil penalty is not paid when due,
the Officeofthe State’s Attorneyshall be requestedto initiate proceedings in 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
oflitigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE
CITATION
Youhavetheright to contestthis Citation, pursuant to 415 ILCS
5/31.1.
Ifyouelect 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, Il 62966.
Your Petition For
Review must be filedwithin 35 days ofthe date of
service
ofthe present citation on you. Ifyou
failtofileyourPetition, a DefaultOrderagainst youwill entered bythePollution 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 of the State’s Attorney
Daniel Brenner
Assistant
State’s Attorney
Jackson County
Courthouse, 3’~
Floor
Murphysboro, Il
62966
DATED:
i/la
~2004
F
Assistant State’s Attorney
REMITTANCE
FORM
COUNTY OF JACKSON,
)
)
Complainant,
)
)
v.
)
NO.ACO4-
)
FRANK STONEMARK,
)
)
Respondent.
)
FACILITY:
POMONA/FRANK STONEMARK SITE
COUNTY:
JACKSON
DATE OF INSPECTION:
January 7,
2004
SITECODE:
0778125012
CIVIL PENALTY:
$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
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN THE MATTER OF:
0778125012
/ Jackson County
Pomona / Frank Stonemark
COMPLIANCE FILE
Respondent.
Afliant, Don Terry, being
first duly sworn, voluntarily deposes and
states as follows:
1.
Afilant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto.
2.
OnJanuary 7, 2004,
betweenthe hours of9:50 am and 10:05 am, Affiant
conducted an inspection ofthe open dump
site known as Pomona / Frank
Stonemark, Jackson County,
Illinois.
3.
Afliant inspected said open dump site by an on-site inspection.
4.
As a result ofthe activities referred to in Paragraphs
2 and 3 above, Afliant
completed the Inspection Report form attached hereto and made a part hereof,
which,
to the best ofAfflant’s knowledge and belief, is an accurate representation
ofAfilant’s observations and factual conclusions with respect to
said Frank
Stonemark, Pomona, Illinois, open dump site.
Don Terry
Solid Waste Inspector
Subscribed and Sworn To before me
this
~
day of J~PUL&9
,
2004.
Notary Public
3
PEOPLE’S
EXHIBIT
A
‘OFFICIAL
SEAL’
TRACY L HARTUNG
NOTARY
PUBLIC. STATE OF IWNOTS
MY COMMISSION EXPIRES
0S1041
2006
NARRATIVE
INSPECTIONREPORTDOCUMENT
OPENDUMP SITE
Date ofInspection:
January
7,
2004
Inspector:
Don
Terry
Site Code:
077
812
5012
County:
Jackson
Site Name: Pomona!
Frank Stonemark
Time: 9:50 am
—
10:05
am
Location:
*pomona
—
Section
15*
Owner ofProperty:
Frank Stonemark
Volume ofWaste found at site:
40 cu/yds
GPS:
N
37°39.088
W 089°19.lOl
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 an inspection done ofthe site on June
10, 2003.
According to the Jackson County Assessor’s Office, the site is owned by Frank Stonemark residing
at 2417-2D New Era Rd,
Murphysboro, IL 62966.
Mr. Stonemark has received three notices that
his property is out ofcompliance.
At the time ofthis inspection, violations regarding open dumping
were observed.
Awaste pile
ofapproximately 40
cubic yards in sizewas observed
(Photos
#01
& #03-#1O,
see
sketch).
This appears to be the same waste pile referenced in the Inspection Narrative ofJune
10,
2003.
Upon examination ofthe pile, I observed that it contained scrap metal, furniture, household
fixtures, construction / demolition debris, waste tires, and other materials not readily identifiable.
These materials appear to have been transported from off site and consolidated for disposal at this
location.
Duritig this inspection, I observed no evidence ofopen burning as was noted during the June
10,
2003 inspection (Photo #02, see sketch).
My inspection ended at approximately 10:05 am.
Page 2
077 812 5012
Pomona / Frank Stonemark
January
7,
2004
Violations Observed:
Item #5(21)(a):
Cause or allow open dumping;
Item #8(21)(p)(1) &
(7):
Cause or allow the
open dumping of any waste in
a mannerwhich results in any ofthe following occurrences at
the dump site: (1) Litter & (7) Deposition ofgeneral construction or demolition debris;
or
clean construction or demolition debris:
During
the inspection, evidence ofopen dumping
resulting in litter and the deposition ofgeneral or clean construction/ demolition debris was
observed at the site
(Photos #1
—
#4,
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 no record ofMr. Stonemark
having applied for or received a permit from the Agency to conduct a waste-storage, waste-
treatment or waste-disposal operation.
During this inspection, violations ofthe Act, regulations and
standards were observed by this inspector.
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 no record ofMr. Stonemark having applied for
or having received a permit to operate a landfill or a waste management
site.
OPENDUMP INSPECTION
SITE SKETCH
Date Of Inspection:
January 7, 2004
Inspector: Don
Terry
Site Code:
077
812 5012
County: Jackson
Site Name:
Pomona /
Frank Stonemark
Time:
9:50 am
—
10:05 am
Not Drawn to
Scale
All locations are approximate
O—~’
indicates approx.
location & direction of photos
I
•
0
8
7
Waste
Pile
10
Site
DIGITAL iNSPECTION PHOTOS
Date:
January
7, 2004
Site
#: 077 812 5012
County:
JACKSON
Time: 9:53 am
Site
Name:
Pomona!
Frank
Stonemark
Photograph takenby:
DonTeriy
COMMENTS: Pictures taken toward:
North
PHOTO
Fill
NAME:
0778125012-01072004-01
Date:
January
7,
2004
Time:
9:53
am
Photograph taken by:
DonTerry
COMMENTS: Pictures taken toward:
Northeast
PHOTO
FILE NAME:
0778125012-01072004-02
DIGITAL INSPECTION PHOTOS
Date: January 7, 2004
Site #: 077
812 5012
County:
JACKSON
Time:
9:54
am
Site Name:
Pomona! Frank
Stonemark
Photographtakenby:
Don Terry
COMMENTS: Pictures taken
toward:
North
PHOTO
FILE
NAME:
0778125012-01072004-03
I
Date:
January
7, 2004
Time:
9:54am
Photograph
taken
by:
Don Terry
COMMENTS:
Pictures
taken toward:
Northeast
PHOTO
FILE NAME:
0778125012-01072004-04
DIGITAL INSPECTION PHOTOS
Date:
January
7, 2004
Site #: 077 812 5012
County:
JACKSON
Time:
9:55
am
Site Name:
Pomona / Frank Stonemark
Photographtakenby:
Don Terry
COMMENTS:
Pictures taken toward:
Northeast
PHOTO FILE
NAME:
0778125012-01072004-05
Date:
January
7, 2004
Time:
9:55am
Photograph taken by:
DonTerry
COMMENTS: Pictures taken
toward:
Northeast
PHOTO
FILE
NAME:
0778125012-01072004-06
DIGITAL INSPECTION PHOTOS
Date:
January
7, 2004
Site #: 077 812 5012
County:
JACKSON
Time:
9:56
am
Site
Name:
Pomona! Frank Stonemark
Photograph taken
by:
Don
Terry
COMMENTS:
Pictures taken toward:
Southwest
PHOTO
FILE
NAME:
0778125012-01072004-07
;
-~,.
H
‘~
Date:
January
7, 2004
Time:
9:56am
Photograph
taken
by:
Don Terry
COMMENTS:
Pictures
taken
toward:
Southwest
PHOTO FILE NAME:
0778125012-01072004-08
DIGITAL INSPECTION PHOTOS
Date:
January
7,
2004
Site
#: 077
812
5012
County:
JACKSON
Time:
9:56
am
Site
Name:
Pomona / Frank Stonemark
Photograph
taken
by:
Don
Terry
COMMENTS:
Pictures takentoward:
Southwest
PHOTO FILE
NAME:
0778125012-01072004-09
Date:
January
7, 2004
Time:
9:57am
Photographtaken by:
Don Terry
COMMENTS: Pictures takentoward:
West
PHOTO
FILE NAME:
0778125012-01072004-10
,41)
~‘JO/Z~
~ECEIVEO
CLERK’S OFFICE
Complainant,
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
)
)
)
)
AC
04-
)
)
)
)
JAN
29
2004
STATE OF ILLINOIS
Pollution Control
Board
-.
~
-~
~
f;;.
~:~?
-
Serve on: Frank Stonemark, 2417
-
2b
New Era Road, Murphysboro, Illinois
62966
PROOF OF SERVICE
I, the undersigned, hereby certify that atrue and correct copy of the Administrative Citation
and Appearance
were
hand
delivered to:
Name:
ç~-~
e~j~k~
Address:
A)~,Y)i,t14
,fl,j
~y~k4~4L~
1L
Sex:
Male
~L.
Female______
ct~
2.c-4
/
Date of service:
()
f— l- ~
Time:O~2~
#.m.
2004
DANIEL BRENNER
JACKSON COUNTY STATE’S ATTORNEY’S
OFFICE
COUNTY
OF JACKSON,
V.
FRANK STONEMARK,
Respondent.
Age:
‘SI
Burns,
Jackson Co. Sheriff
PLEASE RETURN TO:
