RECEIVEC
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
JAN
292004
COUNTY OF JACKSON,
Complainant,
)
)
)
)
GARY EASTON,
)
~
)
Respondent.
)
)
STATE OF ILLINOIS
Pollution Control Board
)
ACO4-
NOTICE OF FILING
TO:
Gary
Easton, P.O. Box 796, Murphysboro, Ii 62966
PLEASE TAKENOTICEthat I have filedwith the Officeofthe ClerkoftheIllinois Pollution
Control Board the Complaint for Administrative Citation, a
you.
January 16, 2004
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse
Murphysboro, IL 62966
618-687-7200
V.
Assistant State’s Attorney
THIS FILING IS SUBMITTED ON RECYCLED
PAPER
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
JAN
292004
ADMINISTRATIVE CITATION
STATE
OF ILLINOIS
Pollution Cont
I
COUNTY
OF
JACKSON,
)
ooarci
)
Complainant,
)
)
v.
)
AC04~41-~
)
Site Code: 0778140035
GARY EASTON,
)
)
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 ofIllinois.
2. Thefacilityis an open dump, operating without an Illinois Environmental Protection Agency
Operating Permit,
and designated with the Site Code #0778140035.
The facility is known to the
Agency as the Murphysboro/Gary Easton (2) site.
3. TheRespondenthas owned, occupied, controlledand/or~perated
thefacility atall relevant
times hereto.
4. On December 17, 2003, DonTerry, FieldInspector, JacksonCounty 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 December 17, 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
5/2l(p)(l);
and
2.
TheRespondenthascausedor allowedthe deposition ofgeneral construction’ordemolition
debris; orclean construction or demolition debris at thefacility 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.
i~
you
acknowledge
the violations
cited herein above, the
civil penalty shall
be
due and
payable no later than March
1, 2004.
Ifyou do not petitionthe Pollution Control Board for review
oftheAdministrative Citationwithin 35 daysofserviceoftheAdministrative Citation, orcontestthe
Citation, anyjudgment thatmay be renderedagainstyou shall specifythedue dateofthe~ivi1fineand
any additional costs assessed against you.
Whenpayment is made, yourcheckshould be madepayable to theJacksonCounty’s Treasurer
Office
and
mailed
to
the
attention
of
Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro, Illinois, 62966.
Also,please complete and return theenclosedremittanc~efnrm,~a1ong
with your payment, to assure proper credit.
Ifany civil penalty is not paidwithintheprescribed time, thelawallows fortheaccurnulation
and payment ofinterest on the remaining unpaid balance. Ifany civil penalty is not paid when due,
the Officeofthe State’s Attorney 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’sAttorney may seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
Youhave theright to contestthis Citation,pursuant to 415 ILCS
5/31.1.
Ifyou electto contest
this
Citation, you must file a Petition For Review with the Clerk of the Illinois Pollution Control
Board.
A copy ofthe 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 filed within
35
days ofthe dateof
service
ofthe present citation onyou. Ifyou
fail tofile your Petition,a DefaultOrder against 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 6060 1-3218
A copy must also be sent to:
Office ofthe
State’s Attorney
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse, 3’~
Floor
Murphysboro, II 62966
DATED:
1
~‘
,
2004
Daniel Brenner
Assistant State’s Attorney
REMITTANCE
FORM
COUNTY OF
JACKSON,
)
)
Complainant,
)
)
v.
)
NO.ACO4-
)
GARY EASTON,
)
)
Respondent.
)
FACILITY:
MURPHYSBORO/GARY CLOVER
SITE
COUNTY:
JACKSON
DATE OF INSPECTION:
December 17, 2003
SITE
CODE:
0778 140035
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
IN THE
MATTER OF:
077
814 0035 / Jackson County
Murphysboro
I
Gary Easton (2)
COMPLIANCE
IFILE
AFFIDAVIT
A~ant,Don Terry, being first duly sworn, voluntarily deposes and
states as follows:
1.
Affiant is a field inspector employed by Jackson County HealthDepartment and
has been so employed at all times pertinent hereto.
2.
On December
17, 2003, between the hours of9:35
am and 9:50 am, Affiant
conducted
an inspection ofthe open dump site known as Murphysboro / Gary
Easton(2), Jackson County, Illinois.
3.
Affiant inspected
said open dump site by an inspection from a location adjacent to
the site.
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 ofAfflant’s knowledge and belief; is an
accuraterepresentation
ofAffiant’s observations and factual conclusions with respect to
said GaryEaston,
Murphysboro, Illinois, open dump site.
-
Respondent.
Don TerryJ’~’—’
Solid Waste Inspector
/
/
Subscribed and Sworn To before me
this
~
day of
,
2004
N~taryPublic
J
“UIJ~L~ALH
TRACY L.
HARTUNG
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES
03/04/2006
Date of Inspection:
December
17,
2003
Inspector:
Don Terry & BartHagston
Site Code:
077 814 0035
County:
Jackson
Site Name:
Murphysboro
I
Gary Easton (2)
Time:
9:35
am
—
9:50
am
Location:
Grange Hall Rd, Murphysboro
Owner of Property:
Mr. Gary Easton
Volume of Waste found at site:
3500
cu /yds
GPS:
N
37°49.135
W 089°19.929
GENERAL REMARKS
During the above date and
time,
I conducted an
inspection ofthe
site listed above as a follow up to
one made by
this office on August 6,
2002.
I was accompanied on the inspection
by Bart Hagston
ofthe Jackson County Health Department.
During the inspection
continuing violations ofopen
dumping were observed.
According to the Jackson County Assessor’s Office, the site is owned by Mr. Gary Easton, P. 0.
Box 796,
Murphysboro, IL
62966.
Mr. Easton is currently under an order by the First Judicial
Circuit Court in Jackson County Illinois (Case # 98-MR-39), issued on 10/8/1998 to clean up
this
site.,
No one was at the site upon our arrival.
From Grange
Hall Road I observed
waste open dumped
on the site.
The waste appeared to include:
waste tires, general construction / demolition debris,
unmarked barrels,
scrap
metal, abandoned vehicles, abandoned
implements,
and othermaterials not
easily identifiable (Photos #1— #6, Area A on sketch).
I observed a large metal barn on the east side ofthe property and what appeared to be an
abandoned mobile home sitting parallel to Grange Hall
Road.
The barn’s
door was open and I
observed what appeared to be other materials being stored within
it (Photos #2 & #3, Area A on
sketch and Photos #7— #10, Area B
on sketch).
We walked south
through a farm field along a line parallel with the east boundary ofthe Easton site.
From points along
this path I observed more waste which had been open dumped.
This included
approximately 25 abandoned vehicles and implements, waste vehicle parts,
waste tires, white goods,
general construction / demolition debris and other materials not
readily identifiable (Photos #7—
#21, Area B on sketch).
At the
time
ofthe inspection, the vehicles
and implements were not in
use, did not
appearuseable in their current condition,
and were not stored in such a way as to
protect any fhture use.
My inspection ended at approximately 9:50
am.
Page 2
077
814 0035
Murphysboro / Gary Easton (2)
December 17, 2003
Violations
Observed:
Item
#5(21)(a):
Cause or allow open
dumping;
Item #8(21)(p)(l and 7): Cause or allow the
open dumping of any waste in
a manner which results in any ofthe following occurrences at
the dump site: (1) Litter; (7) Deposition of general construction or demolition debris; or
clean construction or demolition debris:
During the inspection the open dumping
of
waste
resulting in litter and the deposition
ofgeneral
construction or demolition debris;
or
clean
construction or demolition debris was observed.
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 nor record that Mr. Easton
has
received a
permit from the Agency to conduct
a waste-
storage, waste-treatment, or waste-disposal operation.
During the inspection violations of
regulations and standards dealing with the operation ofa waste-storage, waste-treatment or waste-
disposal
operation were observed.
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: Due to
the quantity and type ofwaste
observed,
it would be
reasonable
to
assume that the waste was transported in from another site for
consolidation
and
disposal at
this
location.
Item #9(55)(a)(1): No person shall:
Cause or allow open dumping of any used or waste tire:
During the inspection the open dumping ofwaste tires was observed.
Even though
Mr. Easton
owns
an automotive
business,
I
observed
no
evidence
ofthe
systematic reuse ofthese tires in the
regular course ofhis business.
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 that Mr.
Easton has applied for or
has received a
permit
from the Agency to develop and operate a
landfill
or
to develop
and operate
a
waste management site.
OPENDUMP INSPECTION
SITE SKETCH
Date Of Inspection:
December 17, 2003
Inspector: Don
Terry & Bart
Hagston
Site
Code:077 814
0035
County:
Jackson
Site Name:
Murphysboro
/ Gary Easton (2)
Time:
9:35
am
—
9:50
am
Not
Drawn
to
Scale
All
locations are
approximate
0
indicates approx. location &
direction ofphotos
fN
I’,
•Shed
Grange
Hall
Rd.
Farm
Field
Dirt Drivev~a~j
I-
0
-I.
(p
t\)
—.1
Easton Site (2)
Photograph taken
by:
Don
Terry
COMMENTS:
Pictures
taken
toward:
Southwest
PhOTO FILE NAME:
0778140035-12172003-01
Date:
December
17, 2003
Time: 9:40
am
Photograph taken
by:
Don Terry
COMMENTS: Pictures taken toward:
South
PHOTO
FILE
NAME:
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077
814
0035
County:
JACKSON
Time: 9:30 am
Site
Name:
Murphysboro
I
Gary
Easton (2)
0778140035-12172003-02
DIGITAL INSPECTION PHOTOS
Date: December 17, 2003
Site #: 077
814 0035
County:
JACKSON
Time: 9:40
am
Site
Name:
Murphysboro
I
Gary
Easton (2)
Photograph taken by:
Don Terry
COMMENTS: Pictures takentoward:
South
PHOTO FILE
NAME:
0778140035-12172003-03
Date: December
17, 2003
Time: 9:40 am
Photograph takenby:
Don Terry
COMMENTS: Pictures taken toward:
Southwest
PHOTO
FILE
NAME:
0778140035-12172003-04
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077 814 0035
County:
JACKSON
Time: 9:40 am
Site Name:
Murphysboro
I
Gary Easton (2)
Photograph
taken
by:
Don Terry
COMMENTS: Pictures takentoward:
West
PHOTO
FILE
NAME:
0778140035-12172003-05
Date: December
17, 2003
Time: 9:40 am
Photograph
taken
by:
Don Terry
COMMENTS: Pictures
taken
toward:
West
PHOTO
FILE
NAME:
0778140035-12172003-06
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077 814 0035
I
County:
JACKSON
Time:
9:41 am
Site Name:
Murphysboro
I
GaryEaston
(2)
Photograph
taken
by:
Don Terry
COMMENTS: Pictures takentoward:
West
PHOTO
FILE
NAME:
0778140035-12172003-07
Date: December
17, 2003
Time: 9:42 am
Photograph
taken
by:
Don Terry
COMMENTS: Pictures takentoward:
Southwest
PHOTO
FILE NAME:
0778140035-12172003-08
DIGITAL INSPECTION PHOTOS
Date: December 17, 2003
Site #: 077 814 0035
County:
JACKSON
Time:
9:43
am
Site Name:
Murphysboro
I
Gary Easton (2)
Photographtaken by:
Don Terry
COMMENTS: Pictures takentoward:
West
PHOTO
FILE NAME:
0778140035-12172003-09
Date: December 17, 2003
Time: 9:43 am
Photographtakenby:
DonTerry
COMMENTS: Pictures taken toward:
West
PHOTO
FILE NAME:
0778140035-12172003-10
DIGITAL INSPECTION PHOTOS
Date: December 17, 2003
Site
m~:077 814 0035
County:
JACKSON
Time: 9:43 am
Site Name:
Murphysboro/ GaryEaston (2)
Photographtakenby:
Don Terry
COMMENTS: Pictures takentoward:
West
PHOTO
FILE
NAME:
0778140035-12172003-11
Date: December
17, 2003
Time: 9:44 am
Photograph takenby:
Don Terry
COMMENTS: Pictures taken toward:
West
PHOTO FILE
NAME:
0778140035-12172003-12
DIGITAL INSPECTION PHOTOS
Date: December 17, 2003
Site #: 077 814 0035
County:
JACKSON
Time:
9:45
am
Site Name:
Murphysboro / Gary Easton(2)
Photograph
taken
by:
Don Terry
COMMENTS:
Pictures takentoward:
West
PHOTO
FILE NAME:
0778140035-12172003-13
Date: December
17, 2003
Time:
9:45
am
Photograph takenby:
Don
Terry
COMMENTS: Pictures taken
toward:
Southwest
PHOTO FILE NAME:
0778140035-12172003-14
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077 814 0035
County:
JACKSON
Time:
9:45
am
Site Name:
Murphysboro
I
Gary
Easton (2)
Photographtakenby:
Don Terry
COMMENTS: Pictures takentoward:
West
PHOTO
FILE
NAME:
0778140035-12172003-15
~.
Date: December
17, 2003
Time:
9:45 am
Photograph takenby:
Don
Terry
COMMENTS: Pictures takentoward:
Southwest
PHOTO
FILE NAME:
0778140035-12172003-16
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site
#: 077 814 0035
County:
JACKSON
Time: 9:46 am
Site Name:
Murphysboro /
Gary
Easton (2)
Photograph
taken
by:
DonTerry
COMMENTS: Pictures taken toward:
West
PHOTO
FILE NAME:
0778140035-12172003.17
Date:
December
17,
2003
Time: 9:46 am
Photograph taken by:
Don Terry
COMMENTS: Pictures taken toward:
Southwest
PHOTO FILE
NAME:
0778140035-12172003-18
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077 814 0035
County:
JACKSON
Time: 9:46 am
Site Name:
Murphysboro
I
Gary
Easton (2)
Photograph
taken
by:
Don
Terry
COMMENTS:
Pictures taken toward:
South
PHOTO FILE
NAME:
0778140035-12172003-19
Date: December
17, 2003
Time: 9:47 am
Photograph taken
by:
DonTerry
COMMENTS:
Pictures
taken
toward:
Southwest
PHOTO
FILE
NAME:
0778140035-12172003-20
Photograph takenby:
Don Terry
COMMENTS:
Pictures taken toward:
South
PHOTO FILE
NAME:
0778140035-12172003-21
DIGITAL INSPECTION PHOTOS
Date: December
17, 2003
Site #: 077 814 0035
I
County:
JACKSON
Time: 9:47 am
Site Name:
Murphysboro
I
Gary Easton (2)
C
No
Photo
Date:
Time:
~
Photograph taken
by:
COMMENTS:
Pictures takentoward:
PHOTO FILE NAME:
0’?
‘7
~(4~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
/12
COUNTY OF JACKSON,
)
RECEIVED
CLERK’S OFFICE
Complainant,
)
)
JAN292004
ACO4-
~‘t~
STATE OF ILLINOIS
GARY
EASTON,
)
Pollution Control Board
)
Respondent.
)
Serve
on:
Gary Easton,
P.O. Box
796, Mursphysboro, IL 629662
PROOF
OF SERVICE
I, the undersigned, herebycertify that a true and correct copy ofthe Administrative Citation
and
Appearance were
hand delivered to:
Name:
___________
Address:
___________________________
Sex:
Male__/~~~Female_____
Age:
__________
Date of service:
,)~Z~?~1()
2~,
2004
Time:
//:
?3,4m
IS!
Robert Bums, J~
By his
Deputy
PLEASE RETURN TO:
DANIEL BREN~ER
JACKSON COUJ~TY
STATE’S ATTORNEY’S OFFICE
