CLERK’S

OFFICE

BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD

DEC

12003

ADMINISTRATIVE CITATION

STATE

OF IWNOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

L-’

i

)

v.

)

(JEPA No.685-03-AC)

)

CHARLES FLICK,

)

1’

)

Respondent.

)

NOTICE OF FILING

To:

Charles Flick

280 Pine Tree Lane

P.O. Box 231

Cobden, Illinois

62920

PLEASE TAKE NOTICE that on this date Imailed for filing with the Clerk ofthe Pollution Control

Board ofthe State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,

AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.

Respectfully submitted,

iche

eM.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

Dated:

November 25, 2003

THIS FILING

SUBMITFED ON RECYCLED PAPER

---

CLERK’S

OFFICE

BEFORE THE

ILLINOIS

POLLUTION CONTROL

BOARD

DEC

12003

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

Pollution

Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

~‘~~omplainant,

)

AC

CL/

)L,o

v.

)

(IEPA

No. 685-03-AC)

)

CHARLES FLICK,

)

)

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 Charles

Flick (“Respondent”) is the present owner of a facility located at 280

Pine Tree Lane, south of Cobden,

Union County,

Illinois.

The property is commonly known to the

Illinois Environmental Protection Agency as Cobden/Flick,

Charles.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and is designated with Site Code

No.

1818540002..

3.

That Respondent has owned and operated said facility at all times pertinenthereto.

4.

That

on

October

31,

2003,

Douglas

E.

Hayward

of

the

Illinois

Environmental

Protection Agency’s Marion 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

Douglas

E.

Hayward

during the course

of

his

October 31,

2003 inspection

of

the

above-named

facility;

the

Illinois

Environmental

Protection

Agency

has determined

that

Respondent has

violated the

Illinois

Environmental Protection Act

(her&riafter,

the “AcV’) 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

5/21(p)(1)

(2002).

(2)

That

Respondent

caused

or allowed

the open

dumping

of waste

in

a

manner

resulting

in

open

burning,

a

violation

of

Section

21(p)(3) of

the Act,

415

ILCS

5/21 (p)(3) (2002).

(3)

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 the Act, 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

Four Thousand

Five

Hundred

Dollars

($4,500.00).

If

Respondent elects

not to

petition

the Illinois

Pollution

Control

Board, the statutory

civil penalty

specified above shall be due and payable no laterthan January15,2004, unless otherwise provided

by order of the Illinois Pollution Control Board.

2

---

If Respondentelects to contest this Administrative Citation by petitioninglhe 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 herein, afteran adjudicatoryhearing,

Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental

Protedfion 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

viqiation.

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 review of thisAdministrative

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.

If any civil penaltyand/or hearing costs are not paid within the time prescribed byorder 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

6d601.

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.

~

Date:

Jk

1z3)03

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

‘7

)

V.

)

(IEPA No. 685-03-AC)

)

CHARLES FLICK,

)

)

Respondent.

)

FACILITY:

Cobden/Flick,

Charles

SITE CODE NO.:

1818540002

COUNTY:

Union

CIVIL

PENALTY:

$4,500.00

DATE OF INSPECTION:

October 31, 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 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

IllinoisEnvironrnental

Protection Agency, Attn.:

Fiscal

Services,

P.O.

Box 19276, Springfield, Illinois 62794-9276.

5

---

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

)

)

Complainant,

)

)

)

IEPADOCKETNO.

v.

)

)

Charles Flick

)

)

Respondent.

)

AFFIDAVIT

Affiant, Douglas E.

Hayward, 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

Illinois Environmental Protection Agency and has been so employed at all times pertinent hereto.

2.

On October 31, 2003, between 12:10 p.m. and 12:30 p.m., Affiant conducted an

inspection ofa disposal site operated without a permit, located in Union

County, Illinois,

and

known as CobdenlFlick,

Charles by the

Illinois Environmental Protection Agency.

Said site has

been assigned site code number

181

854 0002

by the Agency.

3.

Affiant inspected said open dump site by an on-site inspection which included walking

and photographing the site.

---

4.

As a result of the material actions 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 ofAffiant’s observations and factual conclusions with

respect to

said Site Inspection.

Subscribed and Sworn to before me

this4

~‘

day of

~ihç

L~O~-~

Notary Public

3

OFFICIAL SEAL

~

~

RONALD

E MORSE

~

~

NOTARY

~

STATE

OF

DEH:ls/1638l/1 1-06-03

---

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Open

Dump

Inspection Checklist

County:

Union

LPC#:

1818540002

Site Name:

Cobden/Flick,

Charles

Date:

10/31/03

Time:

From

12:10

Inspector(s):

Doug Hayward

No.

of Photos Taken:

#

18

Est. Amt. of Waste:

200

Interviewed:

no one present

Responsible Party

Mailing

Address(es)

and Phone

Number(s):

SECTION

DESCRIPTION

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

ORALLOW OPEN

DUMPING

-

6.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

OPERATION:

(1)

Withouta Permit

(2)

In Violation of Any Regulations or Standards Adopted by the Board

7.

21(e)

DISPOSE, TREAT, STORE, OR ABANDON ANYWASTE, OR TRANSPORT ANY

WASTE INTO THE

STATE

SITES

NOT

MEETING

REQUIREMENTS OF

8.

21(p)

CAUSE

OR ALLOW THE

OPEN DUMPING OF

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)

Proliferation of Disease Vectors

Li

(6)

Standing or Flowing

Liquid Discharge

from the Dump

Site

Li

(7)

Deposition of General Construction or Demolition Debris; or Clean Construction or

Demolition Debris

~‘

Region:

7

-

Marion

To

12:30

Previous Inspection Date:

11/19/98

Weather:

cloudy,

warm, no

rain

_______

yds3

Samples Taken:

Yes #

No

~

Complaint #:

04-048

Charles Flick

PO. Box 231

Cobden,

IL 62920

Revised

09/22/2000

181854O002—~2O031031 flick

Chklst

(Open

Dump

-

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

Li

,

35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS

SUBTITLE G

10.

812.101(a)

FAILURE TO SUBMIT

AN APPLICATION

FOR A PERMIT

TQ DEVELOP

AND

OPERATE

A LANDFILL

Li

11.

722.111

HAZARDOUS

WASTE DETERMINATION

LI

12.°~

.

~

809.302(a)

SPECIAL WASTE DETERMINATION

LI

ACCEPTANCE

OF

SPECIAL WASTE FROM A WASTE TRANSPORTER

WITHOUT

A WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM

LI

REGISTRATION AND

PERMIT ANDIOR MANIFEST

OTHER REQUIREMENTS

14.

APPARENT VIOLATION

OF:

(

)

PCB;

(

) CIRCUIT COURT

CASE_NUMBER:

ORDER_ENTERED_ON:

LI

15.

Li

Li

Li

Li

Li

-

Signature o’rinspector(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 Actor

by complaint under

Section

31

of the Act.

5.

This inspection was conducted in accordance with Sections 4(c) and 4(d) of the

Illinoisl

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

09/22/2000

(Open

Dump

-

2)

1818540002—2003103

1-Flick Chklst.doc

---

Inspection Narrative

Inspection Date:

October 31, 2003

Time of

Inspection:

12:10

-

12:30

Site #:

1818540002

Site Name:

Cobden/Flick, Charles

County:

Union

Inspector(s):

Doug

Hayward

On October 31, 2003, Doug Hayward conducted an

inspection at this

facility. This

inspection was conducted in accordance with Sections 4(c)

and 4(d) of the Illinois

‘~1OLi

Environmental Protection Act: 415

ILCS

5/4(c) & 4(d).

The

purpose

of this inspection

°

20~

was to determine compliance with the Illinois

Environmental

Protection Act and

Adm. Code,

Subtitle

G:

Waste Disposal

Rules and Regulations of

the

Illinois Pollution

&iZp0

~~Control

Board.

This inspection was made in response to

a complaint

filed alleging the open dumping of

waste materials and waste tires.

The property is located at 280 Pine

Tree Lane south of Cobden.

At the time ofthis

inspection weather conditions were cloudy and warm with

no

precipitation.

This

inspection consisted of walking and photographing the site.

During this inspection, this inspector observed a variety of waste throughout Mr.

Flicks

property.

This

waste consisted of, but

is

not

limited

to. tires, cans, food packaging,

metals, appliances,

textiles, furniture, plastics, glass, auto batteries, shingles, wood,

paper, raw meat and

a box ofpigs ears.

I also observed several inoperative buses, a

trailer and

a boat.

One of the buses was full oftires, a trailer was full of clothing, both

loose and in boxes and the boat was filled

with shingles.

I also observed two separate

piles ofpartially burned waste materials.

I estimate that there are at least two-hundred cubic yards of waste, including about one-

hundred-fifty tires, located at this site.

Ifthe vehicles, trailers, boat and

other metals are

taken into account, that figure could be as much as five-hundred cubic yards.

---

SITE SKETCI-I

Inspection Date:

Site Number:

Site Name:

Inspector:

Inspection Time:

Doug Hayward

12:10—12:30

Not to

Scale

October 31, 2003

1818540002

CobdenlFlick, Charles

Ng

2.)

t~ys;rk(7

.5

5

1e

C

---

DIGITAL PHOTOGRAPH PHOTOCOPIES

1818540002—Union County

Cobden/Flick, Charles

FOS File

DATE:

October

31, 2003

TIIvIE:

12:10— 12:30

DIRECTION:

N

PHOTO by:

Doug

Hayward

PHOTO

FILENAME:

1818540002-40312003-001

DATE:

October 31, 2003

TIME:

12:10— 12:30

DIRECTION:

N

PHOTO by: Doug

Hayward

PHOTO

FILE

NAME:

1818540002~40312003-002

---

1818540002— Union County

DIGITAL

PHOTOGRAPHPHOTOCOPIES

FOS File

DATE:

October

31, 2003

TIME:

12:10— 12:30

DIRECTION:

N

PHOTO by:

Doug Hayward

PHOTO

FILE NAME:

1818540002-40312003-003

DATE:

October 31, 2003

TIME:

12:10— 12:30

DIRECTION:

SE

PHOTO

by:

Doug Hayward

PHOTO FILE

NAME:

181854000240312003-004

---

1818540002

-

Union County

Cobden/Flick,

FOS File

DATE:

October 31, 2003

TIME:

12:10—12:30

DIRECTION:

W

PHOTO by:

Doug

Hayward

PHOTO FILE

NAME:

181

~540002-403

12003-005

DATE:

October 31, 2003

TIME:

12:10

—

12:30

DIRECTION:

W

PHOTO by:

Doug

Hayward

PHOTO FILE

NAME:

1818540002-40312003-006

---

181 8540002

—

Union

Cobden/Flick,

FOS File

DATE:

October 31, 2003

TIME:

12:10— 12:30

DIRECTION:

W

PHOTO by:

Doug

Hayward

PHOTO

F1LjE~

NAME:

1818540002—10312003-007

DATE:

October

31, 2003

TIME:

12:10— 12:30

DIRECTION:

N

PHOTO by:

Doug Hayward

PHOTO FILE NAME:

1818540002-40312003-008

DIGITAL PHOTOGRAPH PHOTOCOPIES

‘4;,

---

1818540002- Union County

DIGITAL PHOTOGRAPH PHOTOCOPIES

Cobden/Flick,

FOS File

DATE: October 31, 2003

TIME:

12:10— 12:30

DIRECTION: SW

PHOTO by:

Doug Hayward

PHOTO FILE NAME:

1818540002-40312003-009

DATE:

October 31, 2003

TIME:

12:10— 12:30

DIRECTION:

SW

PHOTO by:

Doug Hayward

PHOTO FILE NAME:

1818540002-40312003-010

---

1818540002

-

Union County

DIGITAL

FOS File

DATE:

October 31, 2003

TIME:

12:10—

12:30

DIRECTION:

W

PHOTO by: Doug Hayward

PHOTO

FILE

NAME:

1818540002-40312003-011

DATE:

October 31, 2003

TIME:

12:10—

12:30

DiRECTION:

S

PHOTO by:

Doug Hayward

PHOTO FILE NAME:

1818540002—10312003-012

---

1818540002- Union

County

DIGITAL PHOTOGRAPH PHOTOCOPIES

FOS File

DATE:

October

31, 2003

TIME:

12:10—12:30

DIRECTION:

S

PHOTO by: Doug Hayward

PHOTOFILENAME:

1818540002—10312003-013

DATE:

October 31, 2003

TIME:

12:10— 12:30

DIRECTION:

NW

PHOTO by:

Doug Hayward

PHOTO FILE NAME:

1818540002—10312003-014

---

1818540002— Union County

DIGITAL

PHOTOGRAPH PHOTOCOPIES

Cobden/Flick,

Charles

FOS File

DATE:

October

31, 2003

TIME:

12:10— 12:30

DIRECTION:

SE

PHOTO by:

Doug Hayward

PHOTO

FILE

NAME:

1818540002—10312003-016

DATE:

October 31, 2003

TIME:

12:10

—

12:30

DIRECTION:

E

PHOTO by:

Doug Hayward

PHOTO FILE NAME:

1818540002—10312003-015

---

181 8540002

—

Union County

Cobden/Flick,

FOS File

DATE:

October 31,2003

TIME:

12:10— 12:30

DIRECTION:

E

PHOTO by:

Doug

Hayward

PHOTO

FILENAME:

1818540002—10312003-017

DATE:

October 31, 2003

TIME:

12:10— 12:30

DIRECTION:

E

PHOTO by:

Doug Hayward

PHOTO FILE NAME:

1818540002—10312003-018

I

---

PROOF OF SERVICE

I hereby certify that Idid

on the

25th day ofNovember, sendby Certified Mail, Return

Receipt

Requested, withpostage thereon fullyprepaid, by depositing inaUnited States Post Office Box a

true

and

correct

copy

of

the

following

instrument(s)

entitled

ADMINISTRATWE

CITATION,

AFFIDAVIT,

and

OPEN DUMP INSPECTION CHECKLIST

To:

Charles Flick

280

Pine Tree Lane

P.O.

Box 231

Cobden, Illinois

62920

and

the original

and nine (9) true and

correct copies of

the same foregoinginstruments on the same

date by Certified Mail,

Return Receipt Requested, with postage thereon fully prepaid

To:

Dorothy

Gunn,

Clerk

Pollution Control Board

James R.

Thompson Center

100 West Randolph Street, Suite

11-500

Chicago, Illinois 60601

Ji

~

MicheIYe 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