RECE~VED
CLERK’S OFFICE
FEB
18
2004
STATE
OF
R~’bIS
Pollution
Q~ntio!
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.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R E C E ~V E ~
CLERK’S OFFICE
ADMINISTRATIVE CITATION
FEB
182004
ILLINOIS ENVIRONMENTAL
)
STATE OF
ILLINOIS
PROTECTION AGENCY,
)
Pollution Control Board
Complainant,
)
AC
v.
)
(IEPA No. 43-04-AC)
)
JAMES
HAAS,
JR.,,
)
)
Respondent.
)
NOTICE OF FILING
To:
James Haas, Jr.
12343 East Blackhawk Road
Stockton, Illinois
61085
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 DUIMP 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:
February 13, 2004
THIS FILING SUBMITtED
ON RECYCLED PAPER
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
CLERK’S OFFICE
ADMINISTRATIVE CITATION
FEB
182004
STATE
OF
ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0i
)
v.
)
(IEPA
No. 43-04-AC)
)
JAMES HAAS, JR.,
)
)
Respondent.
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental
Protection Agency by Section
31.1
ofthe Illinois Environmental
Protection Act, 415
ILCS 5/31.1
(2002).
FACTS
1.
That James Haas, Jr. (“Respondent”) is the presentownerof a facilitylocated at the
north side of Davis Road, just
1/4
ofa mile east ofZion Road,
Mt. Carroll, Carroll
County, Illinois. The
property is
commonly known
to
the
Illinois Environmental
Protection Agency as
Mt.
Carroll/Haas
Property.
2.
That said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and
is designated
with Site Code No. 0150205024.
3.
That Respondent has owned said facility at all times pertinent hereto.
4.
That on December 23, 2003, KaareJacobson ofthe Illinois Environmental Protection
Agency’s Rockford Regional Office inspected the above-described facility.
A copy ofhis inspection
report setting forth the results of said inspection
is attached hereto and made a part hereof.
VIOLATIONS
Based
upon
direct
observations
made
by
Kaare
Jacobson
during
the
course
of
his
December 23,
2003
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
5/21(p)(1)
(2002).
CIVIL PENALTY
Pursuant
to
Section
42(b)(4-5) of the
Act,
415
ILCS
5142(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 One Thousand
Five
Hundred
Dollars
($1,500.00).
If
Respondent elects
not
to
petition the
Illinois
Pollution
Control
Board,
the statutory
civil
penalty
specified above shall be due and payable no later than March 15, 2004, unless otherwise provided
by order of the
Illinois Pollution
Control Board.
If Respondentelects to contestthis Administrative Citation by petitioning the Illinois Pollution
Control Board
in accordance with Section
31.1
ofthe Act, 415
ILCS 5/31.1
(2002), and if the
Illinois
Pollution Control
Board issues a finding ofviolation as alleged herein, afteran adjudicatoryhearing,
Respondent shall be assessed the associated hearingcostsio.cu~red
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.
2
Pursuant to Section
31.1 (d)(1) ofthe 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 penalty and/or hearing costs are not paid within the time prescribed by order ofthe
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 inc1udir~g
thedate thatpayrnent4s
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 ofLegal 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 forReview 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:
~
Renee Cipriano,
Directo
Illinois Environmental
Protection Agency
Prepared by:
Susan
E.
Konzelmann,
Legal Assistant
Division of Legal
Counsel
Illinois
Env~ronmentaI
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.
)
(IEPA
No. 43-04-AC)
)
JAMES
HAAS JR.,
)
Respondent.
)
FACILITY:
Mt.
Carroll/Haas
Property
SITE CODE NO.:
0150205024
COUNTY:
Carroll
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
December 23, 2003
DATE
REMITTED:
55/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:
James Haas, Jr.
Respondent
)
)
)
IEPA DOCKET NO.
)
)
Affiant,
Kaare Jacobsen, being first duly sworn, voluntarily deposes and states as follows:
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 December
23,
2003,
between
8:59
a.m.
and
9:02
a.m., Affiant conducted
an
inspection ofan open dump, located in Carroll County, Illinois and known as Haas
Property
by
the
Illinois
Environmental
Protection
Agency.
Said
site
has
been
assigned site code number LPC# 0150205024 by the Agency.
3.
Affiant inspected
said
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 of
Affiant’s knowledge and belief, is an accuraterepresentation ofAffiant’s observations
and factual conclusions with respect to
said open dump.
Subscribed
and Swo
to Before Me
this
,?r’dayof
~
2004
/
\~
U~-t~(~
~Y~4IJ~
Notary Public
I—
‘OFFICIAL
SEAL”
I
TERESA LABUNSKI
1
~
Notary
Public,
State of Illinois
I
Commission Expires
IllOI2O9~j
EPS ifi
ILLINOIS ‘ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection
Checklist
County:
Carroll
‘
LPC#:
0150205024
Region:
1
-
Rockford
Location/Site Name:
Mt.
Carroll/Haas Property
Date:
12/23/2003
Time:
From
8:59 am
To
9:02 am
Previous
Inspection Date:
08/20/2003
Inspector(s):
Jacobsen
Weather:
30 degrees
No. of Photos Taken:
#
2
Est. Amt. of Waste:
10
yds3
Samples Taken:
Yes #
No
~
Interviewed:
Complaint #:
James Haas, Jr.
Responsible Party
12343
East Blackhawk Road
2
~
2pr~4
Mailing Address(es)
,
~
-‘fl-.
and Phone
otoci~ton,
IL Q
Iuo~
Number(s):
815/947-2379
‘
SECTION
DESCRIPTION
_VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
0
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
‘
0
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
0
4.
12(d)
CREATE A WATER POLLUTION HAZARD
0
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCTANY 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 ATITO SITES NOT MEETING REQUIREMENTS OF ACT
fJ
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
0
(3)
Open Burning
0
(4)
Deposition of Waste
in Standing or Flowing Waters
0
‘
(5)
Proliferation of Disease Vectors
0
(6)
Standing or Flowing Liquid Discharge from the Dump
Site
0
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0150205024
Inspection
Date:
12/23/2003
(7)
Deposition of General Construction
or Demolition
Debris; or Clean Construction
or
Dpmolition
Debris
9.
55(a)
NO PERSON SHALL:
Cause
or Allow Open
Dumping ofAny Used or Waste Tire
0
(1)
(2)
Cause or Allow Open Burning ofAny Used
or Waste Tire
0
35 ILLINOIS ADMINISTRATIVE CODE
REQUIREMENTS
SUBTITLE G
10.
‘
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
PERMIT ANDIOR MANIFEST
OTHER REQUIREMENTS
14.
‘
APPARENT VIOLATION OF:
(E)
PCB;
(U)
CIRCUIT
COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
Informational Notes
~f~L
/
Signature of Inspector(s)
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 regulatury powers.
Requirements ofsome 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 ofsubsection (p) of Section
21
of the
(Illinois
Environmental
Protection Act shall be enforceable either
by
administrative citation under Section 31.1
ofthe Act or by complaint
under Section
31
ofthe Act.
5.
This inspection was conducted
in accordance with Sections 4(c) and 4(d) ofthe
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 06/18/2001
(Open Dump
-
2)
-
.~
-
015020,024-Carroll County
‘~
‘9
Mt. CarrollfHaas Property
NARRATIVE INSPECTION REPORT
On December
23
2003,
I (Kaare
Jacobsen)
conducted
follow-up
inspection
at the
Haas
Property
in
Mt.
Carroll.
Originally,
this
was
a
complaint
indicating
municipal
waste
and
construction debris was dumped in
a ravine.
The
complaint alleges
that municipal
waste has been
open dumped into a ravine. The above referenced facility is located on the north side ofDavis Road,
just
V4
ofa mile eastofZion Road.
Agency correspondence should be addressed to
theowner ofthe
property, James Hans, Jr. at
12343 East Blackhawk Road in Stockton, Illinois.
Uponarrival at
8:59
a.m., no one was present at the open dumpsite.
Since there were no “No
Trespassing” signs present, I proceeded with the inspection.
During the inspection, it was evident
that owner ofthe property failed to properly dispose the recyclable metals, bottles, wood siding and
concrete.
An
estimated
10
or
more
yards
was
observed
during
the
time
of the
inspection.
Photographs
0150205024— 122303-001 and 002 show there has not beenany movement ofmunicipal
waste
and
clean construction
debris
from
the
site.
The inspection concluded
at
9:02
a.m.
The
following solid waste violations were sited during compliant investigation:
21(a), 21 (d)(1), 21 (d)(2),
2l(p)(l)
and
21(p)(7)
of the
Environmental
Protection
Act
and
812.101(a)
of
35
Illinois
Administrative Code.
The owner failed to correspond to theAdministrative Citation WarningNotice that was sent
to him, via certified letter, on September 13, 2003.
Further legal actions will be pursued in order to
get this matter resolved.
STATE OF
ILLU’IOS
E~’/IRCN?~TAL
PROTECTIOtI
AGE.~1C’(
SITE
SKETCF
D~t~
cf
tns:~.~.fcn:
L_2_2-.3:23
--
________
Site Cc~e:
OLS~2~QL~a-±t
Site
Ni~e:
~
P#~p~r.4yi
tns~ector:
~
County:
~-r.U
ri
~e: ~
Li
Z:~~
~
—
—
— —
—.—
lit
~?/Jc2
0
~
~
~
~L
~
~
.,.,fl
,1,iq
LPC
# 0150205024
—
Carroll County
Mt.
CarrollfHlaas Property
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
12-23-03
TIME: 9:00 a.m.
DIRECTION: northeast
PHOTO
by: Jacobsen
PHOTO FILE NAME:
0150205024-422303-001
COMMENTS: Open dumped
solid waste mixed with soil.
DATE:
12-23-03
TIME:
9:01
a.m.
DIRECTION: north
PHOTO
by: Jacobsen
PHOTO FILE
NAME:
0150205024-422303-002
COMMENTS: Open dumped
solid waste mixed with
soil.
PROOF OF SERVICE
I hereby certify that I did
on
the
13th
day of February
2004,
send by Certified Mail, Return
Receipt Requested, with postage thereon fullyprepaid, by depositing in a United States Post Office
Box a trueand correct copy ofthe following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and
OPEN DUMP INSPECTION CHECKLIST
To:
James Haas, Jr.
12343
East Blackhawk Road
Stockton, Illinois
61085
and the original and nine (9) true and correct copies of the same foregoing instruments 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
ichelle M. Ry
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
