RECE~VE D
CLERK’S OFFICE
AUG
302004
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.
R~C~VED
LER~S
OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
~
30200k
STATE
OF
~~~Uut10fl
Con
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
i)~
)
v.
)
(IEPA No. 363-04-AC)
)
WILLIS
E. FARLEY, JR.,
)
)
Respondent.
)
NOTICE OF FILING
To:
Willis
E.
Farley, Jr.
21322 White Oak Drive
Havana, Illinois
62644
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,
Special Assistant Attorney General
Illinois
Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois
62794-9276
(217)
782-5544
Dated:
August
25,
2004
THIS FILING
SUBMITTED ON
RECYCLED PAPER
RECE
WED
CLERK’S OFFICE
AUG
30
200k
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
STATE OF ILLINOIS
P
tlutiofl ContrOl Board
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
)
AC
£/‘-~
V.
)
(IEPA
No.
363-04-AC)
WILLIS
E.
FARLEY,
JR.,
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 Willis E.
Farley, Jr. (“Respondent”) isthe present operatorof a facility located in
a
residential area
in
unincorporated
Buzzville in
Mason
County,
with
a
mailing address of 21322
White Oak
Drive, Havana, Illinois.
The property is commonly known
to the
Illinois
Environmental
Protection Agency as Havana/Farley.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with Site Code No.
1258045003.
3.
That Respondent has owned and operated
said facility at all times pertinent hereto.
4.
That
on
July
16,
2004,
William Zierath
of
the
Illinois
Environmental
Protection
Agency’s
Springfield
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 William
Zierath during the course
of his
July 16,
2004
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
litter,
a
violation
of Section
21(p)(1)
of the
Act, 415
ILCS 5/2l(p)(l)
(2002).
(2)
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 or demolition debris, a violation of Section 21(p)(7) of theAct, 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 Three Thousand
Dollars ($3,000.00).
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
September
30,
2004,
unless otherwise
provided
by
order of the
Illinois Pollution Control
Board.
IfRespondent elects to contestthis 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
2
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated hearing costs incurred by the 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 or elects 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
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 timeprescribed 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 against the Respondent.
~Ret.t.te~
c434~L~O
Date:
______
Renee Cipriano,
Director
4
~
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
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
((EPA No.
363-04-AC)
WILLIS
E.
FARLEY, JR.
)
Respondent.
)
FACILITY:
Havana/Farley
SITE CODE
NO.:
1258045003
COUNTY:
Mason
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
July 16, 2004
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
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
)
)
)
)
IEPA DOCKET NO.
)
Respondent.
)
Affiant, William E. Zierath, being
first duly sworn, voluntarily deposes and
states as
follow:
1.
Affiant is a field inspector employed by the Land Pollution Control
Division ofthe Environmental Protection Agency and has been so
employed at all times pertinent hereto.
2.
On July
16, 2004, between 1:00 PM and
1:15 PM, Affiant conducted
an inspection ofa disposal site operated without an Agency permit, located
in Mason County, Illinois and known as the Farley site by the Illinois
Environmental Protection Agency.
Said site has been assigned site code
number LPC#
1258045003 by the Agency.
3.
Affiant inspected said
Farley site by an on-site inspection which
included walking and photographing the site.
4.
As a result ofthe activities referred to in paragraph
3
above, Affiant
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 Farley site.
Subscribed
and Sworn To before me
~
“3
~7L
OFFICIAL
SEAL
~‘.
POWELL,
NC
OF
ILLINOIS
~
Z~t.
~
15,
2008
~
‘S
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump
Inspection Checklist
County:
Mason
LPC#:
Location/Site Name:
Havana/Farley
Date:
07/16/04
Time:
From
13:00
Inspector(s):
William Zierath,
Jan
Mier
No. of Photos Taken:
#
7
Interviewed:
Willis E.
Farley, Jr.
21322 White Oak
Dr
Havana,
Illinois 62644
1258045003
Region:
5
-
Springfield
To
13:15
Previous
Inspection
Date:
Weather:
Sunny,
75F
_______
yds3
Samples
Taken:
Yes #
Complaint #:
C-04-067-C
~______
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
fl
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
fl
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
4.
12(d)
CREATE AWATER POLLUTION HAZARD
E
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
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
AND REGULATIONS
Z
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
E
(3)
Open Burning
fl
(4)
Deposition_of Waste
in_Standing_or_Flowing_Waters
E
(5)
Proliferation
of Disease Vectors
E
(6)
Standing or Flowing
Liquid Discharge from the Dump
Site
LII
Est.
Amt. of Waste:
20
05/06/04
Responsible
Party
Mailing Address(es)
and
Phone
N urnber(s):
No
~
F~yS,-~
H
,
-
U L PC
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1258045003
Inspection
Date:
07/16/04
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
Demolition Debris
NO PERSON SHALL:
9.
55(a)
(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
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
10.
812.101(a)
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
LI
12.
808.121
SPECIAL WASTE
DETERMINATION
LI
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING
PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
LI
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(Lii)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
LI
15.
OTHER:
•
LI
.
LI
LI
LI
LI
LI
y~Lç~~
—
Signature‘o~
Inspector(s)
Informational
Notes
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 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 06/18/200 1
(Open Dump
-
2)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-732-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601, 312-814-6026
ROD
R.
BLAGOIEVICH,
GOVERNOR
RENEE CIPRIANO,
DIRECTOR
MEMORANDUM
Date:
July 16, 2004
C~iV’~
~.
To:
BOL
File
From:
William E. Zierath, BOL/FOS
-
Springfield Region
!EPA~DLI~C
Subject: LPC# 1258045003
—
Mason County
HavanalFarley
Complaint C-04-067-C
FOS File
A follow-up complaint investigation was conducted
at this vacant lot in the
unincorporated area in
Mason County known as Buzzville on July
16, 2004. Jan Mier,
BOL/FOS
—
Springfield Regional Office, accompanied me on this investigation. The
weatherwas sunny and
75°F.
An
initial complaint investigation was conducted at this
site on May 6-2004. At that time
there was a large amount ofwaste piled at the east edge of this site. An Administrative
Citation Warning Notice was sent to the owner. The cleanup date specified in the ACWN
was July
15,
2004.
Mr. Parley didn’t respond to the ACWN.
It was difficult to
determine if any ofthe waste had been removed from the site prior to
this
investigation.
The fence along the east side ofthe site had been partially removed.
Some of the waste in the east part ofthe site had either been removed from the site or
moved to a different location on the property. A travel trailer had been moved into a
location on the east part ofthe property where wastes had previously been located. The
travel trailer is shown in photographs 1258045003~07162004-001,
l2580450O3~—~07162004-002,
1258045003—~07162004-005,and 1258045003~—07162004-
007.
Therewas still a large amount ofwaste in the east part ofthis site. The waste includes
demolition waste (including wood scraps, metal siding scraps, concrete blocks and
shingles), yard equipment (including lawn mowers and awheelbarrow) and household
refuse. This waste is shown in
photographs
1258045003~07162004-001,
1258045003~07162004-002,1258045003~—07162004-003,1258045003~07162004-004,
1258045003~--07162004-005,1258045003’—~07162004-006and 1258045003—~07162004-
007.
An old mobilehome was still present at the site. Due to the thick vegetation it was
difficult to photograph. An old mobile home is in thebackground in photograph
ROE
KFORD
—
4302
North
Main
Street,
Rockford, IL
61103—1815)987-7760
•
DES
PLAINES —9511
W. Harrison
St., Des Plaines,
IL 60016—
847)
294-4000
—595 South
State,
Elgin,
IL 60123
—
1847) 608-3131
•
PEORIA
—5415 N.
University
St.,
Peoria,
IL 61614— (309)
693-5463
BL RESU
OF
L.\No
-
PEORIA
—
7620 N.
University
St.,
Peoria,
IL 61614—13091 693-5462
•
CHAMPAIGN
—
2125
SoLith First Street, Champaign,
IL 61820—
2171
.178-5800
SPRIM;FJEI D
—4500 5.
Sixth Street Rd.,
Springfield,
IL
62706
—
(217) 786-6892
•
COLLINSVILLE
—
2009 MaIl
Street, Collinsville,
IL 62234
—
16181 346-5)20
MARION
—
2309
W.
Main
St.,
Suite 116, Marion,
IL
62939 —(618) 993-7200
PRINTED
ON
RECYCLED
PAPER
1258045003—07162004-001. Because of wastes piled along the east side ofthe site (the
only side
with access to a road)
and the thick woody vegetation it would
have been
impossible to move vehicles into or out of the areawest ofthe mainwaste disposal area.
Apparent violations are listed on the attached checklist.
cc: BOL/FOS
—
Springfield Regional
File
LPC
1258045003
—
Mason County
HavanalFarley
July
16, 2004
Mobile Home
Not to
Scale
=
Direction ofPhotograph
•
Illinois Environmental Protection Agency
Bureau of
Land
DIGITAL
PHOTOGRAPHS
LPC # 1258045003
—
Mason County
Havana/Fatley
FOS
File
Date:
July
16,
2004
Time:
1:05 PM
Direction: West
Photo by:
William Zierath
Photo File Name:
1
258045003—07
162004-001
Comments:
Date:
July
16, 2004
Time:
1:05 PM
Direction: West
Photo by:
William Zierath
Photo
File Name:
1 258045003-~07
162004-002
Comments:
.;.
•
Illinois Environmental
Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC # 1258045003
—
Mason County
Havana/Farley
FOS File
Date:
July
16, 2004
TIme:
1:05 PM
Direction: West
Photo by:
William
Zierath
Photo
File Name:
1
258045003—071 62004-003
Comments:
Date:
July 16,2004
Time:
1:05 PM
Direction: West
Photo by:
William Zierath
Photo File Name:
-
1258045003-07162004-004
Comments:
~..
,~-,
‘I,
~-.
__‘_~-_,~‘_fr~.~
~
.
--,
-
—
!A,-
—
•
Illinois Environmental
Protection Agency
Bureau
of Land
DIGITAL
PHOTOGRAPHS
LPC # 1258045003— Mason County
Havana/Farley
FOS
File
Date:
July
16,
2004
Time:
1:06
PM
Direction:
Northwest
Photo by:
William
Zierath
Photo
File Name:
1258045003—07162004-005
Comments:
Date:
July
16, 2004
Time:
1:06
PM
Direction: West
Photo by:
William
Zierath
Photo
File Name:
1258045003—07162004-006
Comments:
..~
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC # 1258045003— Mason County
Havana/Farley
FOS File
Date:
July
16, 2004
Time:
1:06 PM
Direction:
West
Photo by:
William Zierath
Photo
File Name:
1258045003—07162004-007
Comments:
PROOF OF SERVICE
I hereby certify
that
I did on
the
25th
day of August
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 correctcopyof
the followinginstrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, andOPENDUMPINSPECTION CHECKLIST
To:
Willis E. Parley, Jr.
21322 White OakDrive
Havana, Illinois 62644
and the original and nine (9) trueand correct copies ofthe sameforegoing instruments on the same
dateby CertifiedMail, Return Receipt Requested, withpostage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution ControlBoard
James R.Thompson Center
100 WestRandolph Street, Suite 11-500
Chicago, Illinois 60601
Special AssistantAttorneyGeneral
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
