RE CE
~V
ED
CLERKS OFRCE
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOA1th
26200k
STATE OF ILUNO~S
COUNTY OF JACKSON,
)
Pollution Contro’ Board
)
Complainant,
)
)
V.
)
AC04-~
)
EDWARD TOW,
)
)
Respondent.
)
NOTICE
OF FILING
TO:
Edward Tow,
215
N. Poplar, Elkville,
IL 62932
PLEASE TAKE NOTICEthat I havefiled withtheOfficeofthe Clerk oftheIllinois Pollution
Control Board the Complaint for Administrative Citation, a copy ofwhich is herewith served upon
you.
January
13, 2004
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse
Murphysboro, IL 62966
618-687-7200
Assistant State’s Attorney
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RE CE
~V ED
CLERK’S OFACE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
262004
COUNTY OF JACKSON,
Complainant,
EDWARD TOW,
Respondent.
)
)
)
)
)
)
)
)
)
STATE OF ILLINOIS
Pollution
Control Board
APPEARANCE
I hereby file my appearance in this proceeding, on
behalfof the
Assistant State’s Attorney
Jackson County Courthouse,
3rd
Floor
Murphysboro, IL 62966
618-687-7200
V.
ACO4-
/ED
BEFORE THE ILLINOIS POLLUTION CONTROL BOA1~t~cs
OFRCE
COUNTY OF JACKSON,
)
iAN
262004
STATE OF IWNOIS
Complainant,
)
po~1utionContro’
Board
9
V.
)
AC04-’~~
)
EDWARD TOW,
)
)
Respondent.
)
Serve
on: Edward Tow, 215 N. Poplar, Elkville, Illinois 62932
PROOF
OF SERVICE
I, the undersigned, hereby certify that a true and correct copy ofthe Administrative Citation
and Appearance were hand delivered to:
Name:
________________
Address:
L~I
~
Sex:
Male______
Female_______
Age:
oo~(
E~2-C-~-O~
Date ofservice:
I
—)
‘~)
,
2004
Time:
~!~Opm.
/5/ Robert Burns, Jac
son Co.
Sheriff
By his Deput~~
a /
PLEASE RETURN TO:
DANIEL BRENNER
JACKSON COUNTY STATE’S ATTORNEY’S OFFICE
R E CE
V ED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARI~LE~RKS
OFFICE
ADMINISTRATIVE CITATION
JAN
262004
COUNTY
OF
JACKSON,
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
v.
)
ACO4-
)
Site Code: 0778155007
EDWARD TOW,
)
)
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 of a
facility located in the County ofJackson, State of Illinois.
2. Thefacilityis an open dump, operating without an Illinois Environmental ProtectionAgency
Operating Permit, and designated with the Site Code # 0778155007.
The facility is known to the
Agency as the Elkville/Edward Tow site.
3. The Respondenthasowned, occupied, controlled andi-or operated thefacility at all relevant
times hereto.
4. On December 17, 2003, Don Terry, FieldInspector, Jackson County HealthDepartment,
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 December 17, 2003,
an on-site inspection of the facility disclosed the following:
1.
The
Respondent has caused or
allowed litter at the facility in
violation of 415
ILCS
5/2l(p)(l).
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 $1,500.00 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
ofthe Administrative Citationwithin 35 daysofservice oftheAdministrative Citation,orcontestthe
Citation,any judgment that maybe rendered againstyou shall specifythe due date ofthe civil fine and
any
additional costs assessed against you.
When payment is made,your checkshould be madepayable to the JacksonCounty’s Treasurer
Office
and
mailed
to
the
attention
of Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro, Illinois, 62966.
Also,please complete and returnthe enclosedremittance form, along
with your payment, to assure proper credit.
Ifany civil penalty is not paidwithinthe prescribedtime, thelaw allows for theaccumulation
•
and paymentofinterest on the remaining unpaid balance. If any civil penalty is not paid whendue,.
the Officeofthe State’s Attorney shall be requestedto initiate proceedings in Circuit Courtto 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 of the 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 filedwithin 35 days ofthe date ofservice ofthe present citation onyou.
Ifyon
fail tofileyour Petition,a DefaultOrderagainst youwillentered bythePolluthrn Control Board.
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 of the State’s Attorney
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse,
3rd
Floor
Murphysboro,
Ii 62966
DATED:
~‘
j13
,2004
Assistant State’s Attorney
REMITTANCE
FORM
COUNTY OF JACKSON,
)
)
Complainant,
)
)
v.
)
NO.ACO4-
)
EDWARD TOW,
)
)
Respondent.
)
FACILITY:
ELKVILLE/EDWARD TOW SITE
COUNTY:
JACKSON
DATE OF INSPECTION:
December
17, 2003
SITE CODE:
0778155007
CIVIL PENALTY:
$1,500.00
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:
077 815
5007/ Jackson
County
iElkville / Edward Tow
COMPLIANCE FILE
Respondent.
-
•
Affian.t, 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
17, 2003, between the hours of 10:10 am and
10:3 0 am, Affiant
conducted an inspection of the open dump
site known as ElkviilletEdward Tow,
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 ofAmant’s knowledge and belief
is an accurate representation
ofAffiant’s observations and factual conclusions with respect to
said Edward
Tow, Elkville,
flhnois, open dump
site
~
Don~Téi~y
Solid Waste Inspector
I
Subscribed and
Sworn To before me
this
~
dayof
,2004
C~NY~~j
—
J-~2~T,4
D~te
of Inspection:
December 17,
2003
L~TI~I~ThORTDOGU~TL1
Inspector:
Don
Terry & Bait Hagston
Site Code:
077 815
5007
County:
Jackson
Site Name: Elkville/Edward Tow
Time:
10:10 am— 10:30 am
Location:
*vergennes / Section 13*
Owner ofProperty:
Edward Tow
Volume of Waste found
at site:
500
cu/yds
TGENERAL
REMARKS
During the above date and time, I conducted an inspection ofthe site listed above.
This inspection
was made as a follow up to one conducted on July
17,
2003.
I was accompanied by Bait Hagston
ofthe Jackson County Health Department.
Atthe time of
this inspection, continuing violations ofopen dumping were
observed.
I observed no
evidence ofefforts to clean up the site since the previous inspection.
Abandoned vehicles
still litter
the site.
Many have broken windows allowing the materials in them to
be exposed to the elements.
Atthe time ofthe inspection, these
vehicles were not in use, were not useable in their current
condition,
and were not stored in such
a way as to protect any
fhture use.
Besides abandoned vehicles, the waste I observed consisted of
waste tires, disposed motor vehicle
parts, scrap metal and a variety
ofother materials not readily identifiable.
Considering the
type and
amount ofwaste observed
and
the absence ofany
type
ofautomotive repair business on site, one
could reasonably
assume that the materials were consolidated on the site for disposal.
My inspection concluded at approximately 10:3 0
am.
Page 2
December 17, 2003
ElkvilleIEdward Tow
O’77
815 5007
Violations
Observed:
Item #5(21)(a):
Cause or allow open dumping;
Item #8(21)(p)(1): Cause or allow the open
dumping of any waste in
a mannerwhich results in any ofthe following occurrences at the
dump
site: Litter:
Open
dumping ofwaste was observed at this
location at the time ofthe
inspection.
The waste consisted ofmetal, motor vehicle parts, abandoned vehicles, tires on rims
and
other
items and materials not readily identifiable.
Item #6 (21)(d) (1) and (2):
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;
Item #7 (21)(e):
Dispose, treat, store, or abandon anywaste or transport any
waste into the state at/to sites not meeting requirementsof the act;
and Item #10(812.1O1)(a):
Failure to submit an application for a permit to develop and operate a landfill:
During
this
inspection,
24 abandoned vehicles, a trailer, a boat, a port-a-potty and a variety ofother refuse was
observed on the site.
Since no residence or business is located on this
site, it appears that all ofthe
waste was generated off-site and
brought to
this
location for
disposal.
There is no record of
Edward
Tow being
issued a pemiit by the Agency to
operate
a disposal
operation at
this
location
and
the site does meet
the requirements for a waste management facility.
OPEN DUMP INSPECTION
SITE SKETCH
Date Of Itispection:
December
17,
2003
Inspector: Don Terry &
Bait Hagstoii
Site Code:
077
815
5007
County: Jackson
Site Name:
EJkville /Edward Tow
Time:
10:10 am—
10:30 am
Not Drawr~
to Scale
All locations are approximate
O
indicates approx.
location &
direction ofphotos
f
ilN
;~e~
_
-
—
—_
Gate
_____
Dove
Ln
Dirt
/
B
(
CI
Strip Pit Lakell
\
A
11
Strip Pit Lake
CD
U)
ElkviIIe
Rd
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #:
077 815 5007
County:
JACKSON
Time:
10:14
am
Site Name:
EIkville / Edward
Tow
Photograph takenby:
Don Terry
COMMENTS:
Pictures takentoward:
Southwest
PHOTO
FILE
NAME:
0778 155007-12 172003-0 1
Date: December
17, 2003
Time:
10:14am
Photograph taken
by:
Don
Terry
COMMENTS: Pictures taken toward:
North
PHOTO
FILE
NAME:
0778155007-12172003-02
DIGITAL INSPECTION PHOTOS
Date: December 17, 2003
Site #:
077
815 5007
County:
JACKSON
Time:
10:14
am
Site Name:
Elkville
I
Edward Tow
Photograph
taken
by:
Don
Teny
COMMENTS: Pictures taken
toward:
West
PHOTO FILE NAME:
0778155007-12172003-03
Date:
December 17,
2003
Time: 10:14am
Photograph takenby:
Don Terry
COMMENTS: Picturestakentoward:
Southwest
PHOTO FILE NAME:
0778155007-12172003-04
DIGITAL INSPECTION PHOTOS
Date:
December
17, 2003
Site #: 077
815
5007
(
County:
JACKSON
Time:
10:15
am
Site Name:
Elkville
I
Edward Tow
Photograph taken by:
DonTerry
COMMENTS: Pictures takentoward:
North
PHOTO FILE NAME:
0778155007-12172003-05
Date: December
17, 2003
Time:
10:16am
Photograph taken by:
Don Terry
COMMENTS:
Pictures taken toward:
North
PHOTO
FILE
NAME:
0778155007-12172003-06
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077
815
5007
County:
JACKSON
Time:
1(3: 16
am
Site Name:
Elkville/ Edward Tow
Photograph
takenby:
Don
Terxy
COMMENTS:
Pictures taken toward:
North
PHOTO
FILE NAME:
0778155007-12172003-07
Date: December
17, 2003
Time: 10:17am
Photograph taken by:
Don Terry
COMMENTS: Pictures taken toward:
Southeast
PHOTO
FILE NAME:
0778155007-12172003-08
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077 815
5007
I
County:
JACKSON
Time:
10:17 am
Site Name:
Elkville / Edward Tow
Photograph taken by:
Don Terry
COMMENTS:
Pictures taken toward:
East
PHOTO
FILE
NAME:
0778155007-12172003-09
Date: December
17, 2003
Time:
10:22am
Photograph taken by:
Don Terry
COMMENTS: Pictures taken toward:
Northeast
PHOTO
FILE
NAME:
0778155007-12172003-10
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077
815
5007
I
County:
JACKSON
Time:
10:22 am
Site Name:
Elkville / Edward Tow
Photograph taken by:
Don Terry
COMMENTS: Pictures taken toward:
Northeast
PHOTO FILE
NAME:
0778155007-12172003-11
Date: December
17, 2003
Time:
10:23 am
Photograph takenby:
Don Teny
COMMENTS:
Pictures taken
toward:
Northeast
PHOTO
FILE NAME:
0778155007-12172003-12
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077
815
5007
County:
JACKSON
Time:
10:24 am
Site Name:
EIkville / Edward Tow
Photograph taken by:
Don Terry
COMMENTS: Pictures taken toward:
West
PHOTO FILE
NAME:
0778155007-12172003-13
Date: December
17, 2003
Time: 10:24 am
Photograph
taken
by:
Don Terry
COMMENTS:
Pictures
taken
toward:
Southwest
PHOTO FILE
NAME:
0778155007-12172003-14
