AC04-~1
STATE OF ILLiNOIS
Pollution Control Board
NOTICE OF FILING
TO:
Gary Clover,
1336
Hoffman
Road, Murphysboro,
Ii 62966
PLEASE TAKE NOTICEthat Ihave filedwith the Officeofthe ClerkoftheIllinois Pollution
Control Board the Complaint for Administrative Citation, a
you.
January
13, 2004
Daniel Brenner
Assistant Stat&s Attorney
Jackson County Courthouse
Murphysboro, IL
62966
618-687-7200
COUNTY OF JACKSON,
)
RECE
WED
BEFORE
THE ILLINOIS POLLUTION CONTROL
C~E~S
OFFICE
JAN
26
2OO~
)
Complainant,
)
v~
)
GARY CLOVER,
)
)
Respondent.
)
served upon
Assistant
State’s Attorney
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE
THE ILLINOIS POLLUTION CONTROL BOA1~3C~JvEb
OFFICE
COUNTY OF JACKSON,
Complainant,
V.
)
)
JAN
2
6
2004
STATE
OF
Control Board
)
AC 04-
2)7
)
)
GARY CLOVER,
)
)
Respondent.
)
I hereby file my appearance in this proceeding, on behalf ofthe
Assistant
State’s Attorney
Jackson County Courthouse,
3rd
Floor
Murphysboro,
IL 62966
618-687-7200
APPEARANCE
Brenner
RECE~VED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
26
2OO~
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
COUNTY OF JACKSON,
)
Pollution
Control Board
)
Complainant,
)
v.
)
AC04
)
Site Code: 0778105010
GARY CLOVER,
)
)
Respondent.
)
JTJRISDICTION
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 without an Illinois Environmental Protection Agency
Operating Permit, and designated with the Site Code #0778 105010.
The facility
is known to the
Agency as the Murphysboro/Gary Clover site.
3. The Respondenthas owned, occupied, controlledandloroperated thefacilityat all relevant
times
hereto.
4. On December 19, 2003, Don Terry, Field Inspector, Jackson County Health Department,
inspected the facility.
A true and
correct copy ofthe 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
19, 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); and
2. The Respondenthascausedorallowedthe depositionofgeneral construction ordemolition
debris; or clean construction ordemolition debris at the facilityinviolation of415 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 the Pollution Control Board for review
oftheAdministrative Citation within35 days ofserviceoftheAdministrative Citation, orcontestthe
Citation, anyjudgment that may be renderedagainst you shall specifythedue dateof’thecivil frne and
any additional costs assessed against you.
Whenpayment is made, yourcheckshould be madepayable to theJackson County’s Treasurer
Office
and
mailed
to
the
attention
of
Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro, Illinois, 62966. Also, please completeand returnthe enclosedremittance form, along
with your payment, to
assure proper credit.
Ifany civil penalty is not paid withinthe prescribedtime, thelaw allows forthe accumulation
and payment ofinterest on the remaining unpaidbalance.
Ifany civil penalty is not paid when due,
the Office ofthe State’sAttorney shallbe requestedto 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 oflitigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
Youhavetherightto 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, Ii 62966.
Your Petition For
Review must be filed within 35 days of the date of
service
ofthe present citation onyou.
Ifyou
failto fileyour Petition., a DefaultOrderagainstyouwill entered bythePollutionControlBoard.
Your original Petition
must be filed with the Clerk of the 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, 3’~
Floor
Murphysboro, Il 62966
DATED:
1
//
4
,
2004
_________________________
Daniel Brenner
Assistant State’s Attorney
REMITTANCE
FORM
COUNTY OF JACKSON,
)
)
Complainant,
)
)
v.
)
NO.ACO4-
)
GARY CLOVER,
)
)
Respondent.
)
FACILITY:
MURPHYSBORO/GARY CLOVER SITE
COUNTY:
JACKSON
DATE OF INSPECTION:
December 19, 2003
SITE CODE:
0778105010
CIVIL PENALTY:
$3,000.00
Date Remitted
____________________
SS/FEIN #
__________________
Signature
______________________
NOTE
Please include the information on the blank lines.
Mailthis
form with your check to:
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN TILE MATTER
OF:
077 810 5010
I
Jackson County
Murphysboro
I
Gary
Clover
COMI~LIANCEFILE
Respondent.
Affiant, Don Terry, being first duly sworn, voluntarily deposes and states as follows:
1.
Afflant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto.
2.
On December
19, 2003,
between the hours of 10:05 am and
10:35 am, Af~ant
conducted an inspection ofthe open dump site known as Murphysboro / Gary
Clover, Jackson County, Illinois.
3.
Affiant inspected
said open dump site by an on-site inspection.
4.
As a result ofthe activities referred to in Paragraphs
2 and 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 Gary Clover,
Murphysboro, Illinois,
open dump site.
V
Leiv~~1
Don Terry
•
r
Solid Waste Inspector
Subscribed and
Sworn To before me
this
?-
dayof
Jc
,
2004
(3La
~otaryPubhcj
~Li~NO~J
MY COMMISSION
EXPIRES
03/04/2006
T
NARRATIVE
INSPECTIONREPORT DOCUMENT
1
~
Date ofInspection:
December 19,
2003
Inspector:
Don
Terry & Bart
Hagston
Site
Code:
077 810 5010
County:
Jackson
Site Name: Murphysboro /
Gary
Clover
Time:
10:05 am
—
10:35
am
Location:
1336
Hoffman
Rd,
Murphysboro
Owner ofProperty:
Gary Clover
Volume ofWaste found at site:
1365
cu / yds
GENERAL REMARKS
During
the above date
and time, I
conducted an inspection ofthe site
listed above as a follow up to
one conducted
by this
office on June
10, 2003.
I was accompanied on
this inspection by Bart
Hagston of the Jackson County
Health Department.
During
the
inspection,
continuing violations of
open dumping were
observed.
.
The
site is owned by Mr. GaryClover, who owns and operates GaryD. Clover’sRoofing from this
site.
Upon arriving at the site we went directly to the house and knocked on the door several times.
No one answered.
We walked along a dirt driveway that wound to the west and south ofthe house
(See sketch).
I
observed an areawest ofthe house that appeared to contain a building under construction as well as
areas containing waste piles
(Photos
#1 & #2, Area A on sketch).
Upon closer inspection the area
around the construction site contained piles ofmaterials used in the construction.
I observed two
trucks to the east ofthe construction area, and near them a
pile
ofwaste
tires and
construction /
demolition debns (Photo
#4, Area A on sketch)
To the north ofthe construction area I observed a shed that had waste open dumped around it
(Photos #3,
#5, #6,
#7
and #8, Area A on sketch).
The waste
consisted ofabandoned tires, lead
acid batteries
(Photo #6, Area A on sketch), metalpipe,
general construction / demolition debris,
lumber, barrels and other materials not readily identifiable.
There was also an area near the front of
the shed where it appears that some types ofautomotive fluid(s) had been poured onto the ground
(Photo
#7,
Area A on sketch).
We walked south ofthe shed where I observed
two areas ofwaste
The first was directly south of
the shed
.
I observed white goods and scrap metal (Photo #9, Area
B
on sketch).
The
second was
west of
the
white
goods
In
this area I observed two
abandoned buses, one
ofwhich was on its
side
I also observed white goods, scrap metal and
severalvent covers
(Photo #10, Area
B
on
sketch)
Page2
077 810 5010
Murphysboro
I
Gary Clover
December 19, 2003
We walked south along the dirt driveway and to the west I observed approximately 10
abandoned
vehicles (Photos
#11 & #12, Area
B
on sketch).
South ofthese abandoned vehicles I observed
eight abandoned mobile homes in various states ofdemolition (Photos #13,
Area
C
on sketch).
At
the time ofthe inspection, these mobile homes were not in use, were not useable in their current
condition,
and were not stored in such a way as to protect any future use. I observed that most
were missing windows and doors allowing the interiors to be exposed to weather.
To the west ofthese mobile homes I observed a pile ofapproximately 50 tires which had been
disposed (Photo #14, Area C on sketch).
Some were on rims and none were covered or stored in
any manner to keep them out ofthe weather.
I observed no evidence ofany systematic reuse ofthe
tires by Mr. Clover in the regular course ofhis business.
To the westand south ofthe tires I observed more abandoned vehicles
(Photos
#15,
#16 and #17,
Area D on sketch).
At the
time ofthis inspection, none ofthe vehicles I observed in the areas
designated “B,” “C,” or “D” on the site sketch, were in use, were useable in their current condition,
or were stored in such a way as to protect any future use.
To the southeast ofthe abandoned mobile homes I observed an area containing what appeared to be
a mobile home that had been partially demolished, a tank trailer ofsome type, more abandoned
vehicles and other waste materials not readily identifiable
(Photo #17, Area D on sketch).
Materials in the mobile home and in the bed ofthe truck were exposed to weathering.
We drove to the southeast end ofthe dirt driveway.
In this areaI observed mobile homes, some
appeared to be occupied.
Near the mobile home that sits the closest to N. Jungle Rd, (Photo #18,
Area E on
sketch) I observed several piles ofwaste that had been open dumped.
This waste
appeared to consist ofdemolition / construction debris, white goods, blue plastic barrels and other
materials not readily identifiable (Photos
#18
and #19, Area E on sketch).
My inspection ended at approximately
10
35 am
Violations
Observed:
Item #5(21)(a):
Cause or allow open dumping;
Item #8(21)(p)(1 and 7): Cause or allow the
open dumping of any waste in
a manner which results in any of the followingoccurrences at
the dump site
(1) Litter, (7) Deposition ofgeneral construction or demohtion debns, or
clean construction or demohtion debns
During the inspection open dumping was
observed that
resultedin litter and the deposition ofgeneral construction or demolition debris; or clean
construction or demolition debris at the site
Page
3
0778105010
Murphysboro
I
Gary Clover
December 19, 2003
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:
There is no record ofMr. Clover having received a permit from the Agency to conduct a waste-
storage, waste-treatment, or waste-disposal operation at this location.
During theinspection
violations ofregulations and standards adopted by the Board for conducting a
waste-storage,
waste-treatment, or waste-disposal operation were observed.
Item
#7(21)(e): Dispose,
treat, store, or abandon anywaste, or transport any waste into the
State at/to sites not meeting requirements ofthe Act:
During the inspection,
evidence ofwaste
being stored, treated, disposed and abandoned was observed.
Due to the quantity and type ofwaste
observed, it would be reasonable to assume that much of the waste observed was brought onto the
site from other locations.
Item #9(55)(a)(1):
No
person
shall:
Cause or
allow open dumping of any used
or waste
tire:
During the inspection used and waste tires were observed to have been open dumped on the site.
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. Clover having applied for or
having received a permit to develop or operate a landfill or a waste management site.
OPENDUMPINSPECTION
SITE SKETCH
Date Of Inspection:
December
19, 2003
Inspector:
Don Teriy &
Bart Hagston
077 810 5010
County: Jackson
Site Name:
Murphysborof Gary Clover
Time:
10:05 am—
10:35 am
I
D
4
—
‘.
Dirt
way
.
House
—
a
I
—
I
z
CD
E
__
4
*
4
—
—
—
—
—
—
*
S
Site Code:
I
Not Drawnto Scale
All locations are approximate
0
indicates approx.
location & direction ofphotos
Hoffman Rd.
B
Power Lines
—I’
II—
I
I
—
•
I
—.~
I
I
—
‘
I
C
The Pile
DIGITAL INSPECTION PHOTOS
Date: December
19, 2003
Site #: 077 810 5010
County:
JACKSON
Time:
10:11
am
Site Name:
Murphysboro
/ GaryClover
Photograph
taken
by:
Don Teny
COMMENTS:
Pictures takentoward:
South
PHOTO
FILE NAME:
0778105010-12192003-01
1~
Date:
December
19, 2003
Time:
10:11
am
Photograph takenby:
DonTerry
COMMENTS: Pictures takentoward:
Southwest
PHOTO
FILE NAME:
0778105010-12192003-02
DIGITAL INSPECTION PHOTOS
Date: December
19, 2003
Site #: 077 810 5010
County:
JACKSON
Time:
10:11
am
Site
Name:
Murphysboro /
Gary
Clover
Photographtakenby:
Don Terry
COMMENTS: Pictures takentoward:
Northwest
PHOTO
FILE
NAME:
0778105010-12192003-03
Date:
December 19, 2003
Time:
10:11
am
Photographtakenby:
Don Terry
COMMENTS: Pictures taken toward:
South
PHOTO
FILE
NAME:
0778105010-12192003-04
DIGITAL INSPECTION PHOTOS
Date: December 19, 2003
Site #: 077 810 5010
County:
JACKSON
Time:
10:12 am
Site Name:
Murphysboro/ Gary Clover
Photograph takenby:
DonTerry
COMMENTS: Pictures taken toward:
Northeast
PHOTO
FILE NAME:
0778105010-12192003-05
Date:
December
19, 2003
Time:
10:12am
Photographtaken by:
DonTerry
COMMENTS: Pictures takentoward:
North
PHOTO FILE
NAME:
0778105010-12192003-06
DIGITAL INSPECTION PHOTOS
Date: December
19, 2003
Site
#: 077 810 5010
County:
JACKSON
Time:
10:13
am
Site
Name:
Murphysboro
I
Gary
Clover
Photograph takenby:
Don Terry
COMMENTS: Pictures taken toward:
Northeast
PHOTO
FILE NAME:
0778105010-12192003-07
Date:
December
19, 2003
Time:
10:13 am
Photograph takenby:
Don Terry
COMMENTS: Pictures taken toward:
Northwest
PHOTO
FILE
NAME:
0778105010-12192003-08
DIGITAL INSPECTION PHOTOS
Date: December
19, 2003
Site #: 077 810 5010
County:
JACKSON
Time:
10:15 am
Site Name:
Murphysboro/
Gary
Clover
Photographtakenby:
Don Terry
COMMENTS: Pictures takentoward:
North
PHOTO FILE NAME:
0778105010-12192003-09
Date:
December 19, 2003
Time:
10:15am
Photograph takenby:
DonTerry
COMMENTS:
Pictures takentoward:
West
PHOTO FILE NAME:
1’
~
0778105010-12192003-10
DIGITAL INSPECTION PHOTOS
Date: December
19, 2003
Site
#: 077 810 5010
f
County:
JACKSON
Time:
10:16 am
Site Name:
Murphysboro/ Gary Clover
Photographtakenby:
Don Terry
COMMENTS: Pictures takentoward:
West
PHOTO FILE
NAME:
0778105010-12192003-11
~l
Date:
December 19, 2003
Time:
10:16am
Photographtakenby:
Don Terry
COMMENTS:
Pictures takentoward:
Southwest
PHOTO
FILE
NAME:
0778105010-12192003-12
DIGITAL INSPECTION PHOTOS
Date: December
19, 2003
Site #: 077 810 5010
(
County:
JACKSON
Time:
10:17
am
Site Name:
Murphysboro /
Gary
Clover
Photographtakenby:
DonTerry
COMMENTS: Pictures takentoward:
South
PHOTO
FILE NAME:
0778105010-12192003-13
Date:
December 19, 2003
Time:
10:18 am
Photographtakenby:
DonTerry
COMMENTS: Pictures taken toward:
West
PHOTO
FILE NAME:
0778105010-12192003-14
DIGITAL INSPECTION PHOTOS
Date: December
19, 2003
Site #: 077 810 5010
County:
JACKSON
Time:
10:19 am
Site Name:
Murphysboro/
Gary
Clover
Photographtakenby:
Don Terry
COMMENTS: Pictures takentoward:
West
PHOTO
FILE
NAME:
0778105010-12192003-15
Date:
December
19, 2003
Time:
10:20am
Photograph taken by:
Don Terry
COMMENTS: Pictures takentoward:
Southwest
PHOTO
FILE
NAME:
0778105010-12192003-16
DIGITAL INSPECTION PHOTOS
Date: December
19, 2003
Site #: 077 810 5010
I
County:
JACKSON
Time:
10:20
am
Site Name:
Murphysboro
I
Gary
Clover
Photograph
taken
by:
Don Terry
COMMENTS: Pictures takentoward:
East
PHOTO
FILE
NAME:
0778105010-12192003-17
Date:
December 19, 2003
Time:
10:28am
Photograph takenby:
DonTerry
COMMENTS:
Pictures taken toward:
Northeast
PHOTO
FILE NAME:
0778105010-12192003-18
DIGITAL INSPECTION PHOTOS
Date: December 19, 2003
Site #: 077 810 5010
County:
JACKSON
Time:
10:29
am
Site Name:
Murphysboro
/ Gary
Clover
Photographtakenby:
Don
Terry
COMMENTS: Pictures takentoward:
Southwest
PHOTO
FILE NAME:
0778105010-12192003-19
No Photo
Date:
Time:
Photograph takenby:
Don
Terry
COMMENTS: Pictures
taken toward:
PHOTO
FILE NAME:
D
S OFFICE
JAN
26
200’,
)
)
)
)
AC04-~
)
)
)
STATE OF ILLINOIS
Pollution Control
Board
Serve
on:
Gary Clover, 1336 Hoffman
Road, 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:
___________
-n ~
Address:
‘V
Sex:
Male
~./
Female
Age:
io-~i-
,93
Date ofservice:
)
J ~
,
2004
Time:
/OY~D~.m.
/S! Robert ~urns,
Jackson Co.
Sheriff
v-”
By
his Deputy
PLEASE RETURN TO:
DANIEL BRENNER
JACKSON COUNTY STATE’S ATTORNEY’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF JACKSON,
Complainant,
V.
GARY CLOVER,
Respondent.
)
N)
(-j)
—I
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