RECEIVED
CL~RK’S
OFFICE\
/tj4Q/7
F-~a1~9~
2004
U
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
STATE
OF
ILLINOIS
ADMINISTRATIVE CITATION
Pollution
Control Board
COUNTY OF VERMILION, ILLINOIS,
)
Complainant,
)
AC No.
0
)
v.
)
CountyFileNo.04-01
)
JERRY HATHAWAY,
)
DARRELL
CRPE
)
Respondents.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the
Illinois Environmental Protection Agency by sections 4(e) and 31.1 ofthe Illinois
Environmental Protection Act (“Act”), 415
ILCS
5/4(e),
5/31.1,
and delegated to
Vennilion County pursuant to
section 4(r) ofthe Act, 415 ILCS
5/4(r).
FACTS
1.
Respondent Jerry Hathaway is, and was at all times relevant to this
Administrative Citation, the owner ofproperty located at
1617 Perrysville
Road, Danville, County of Vermilion, State ofIllinois.
2.
Respondent Darrell Cripe is, and was at all times relevant to this
Administrative Citation, the occupant ofproperty located at
1617 Perrysville
Road,
Danville, County ofVermilion, State of Illinois.
3.
Said property is operated as an unlicensed open dump,
and designated with
Illinois Environmental Protection Agency Site Code No.
1838045022.
4.
On January 13,
2004, Lee Ann Chezem ofthe Vermilion County Health
Department inspected the above-described property.
Lee Ann Chezem’s
Affidavit and a copy ofher inspection report are attached hereto and made a
part hereofby reference.
VIOLATION
On the basis ofthe direct observation ofLee Ann Chezem, the County of
Vermilion has determined that on January 13, 2004, Respondents were responsible for
conducting an unlicensed open dump
at the above-described address, which is required to
have a permit pursuant to 415
ILCS
5/21(a)
of the Act, in a manner which resulted in the
following conditions:
A.
Open dumping resulting in the deposition of general and clean
construction or demolition debris was observed
at the site, in violation of
Section 2l(p)(7) ofthe Act, 415 ILCS
5/2l(p)(7), which provides no
•
~
person shall...cause or allow the open dumping of any waste
in a manner
which results in
litter
CIVIL PENALTY
Pursuant to
section
42(b)(4-5)
of the Act, 415 ILCS
5/42(b)(4-5),
Respondents
herein are subject to
a civil penalty ofOne Thousand Five Hundred Dollars ($1500.00)
for the above-mentioned violation.
Additionally, should Respondents
elect to petition the
Illinois Pollution Control Board under the review process described herein, and if there is
a finding ofthe violation alleged herein after an adjudicatory hearing, Respondents shall
be assessed the associated hearing costs incurred by the Illinois Pollution Control Board,
in addition to the One Thousand Five Hundred Dollar ($1500.00) statutory penalty forthe
violation.
PROCEDURE FOR CONTESTING
THIS ADMINISTRATIVE CITATION
You have the right
to contest this Administrative Citation under section 31.1(d) of
the Act, 415 ILCS
5/31.1(d).
Ifyou elect to
contest this Administrative
Citation, you
must file a Petition forReview with the Clerk ofthe Illinois Pollution Control Board,
at
the State of Illinois Center,
100 West Randolph Street, Suite 11-500, Chicago, Illinois
60601.
Such Petition for Review must be filed within thirty-five
(35)
days ofthe date of
service ofthis Administrative Citation, or a default judgment will be issued by the Illinois
Pollution Control Board.
A copy ofthe Petition for Review should be filed with the
Vermilion County State’s Attorney’s Office, 7 North Vermilion Street, Danville, Illinois
61832.
If you acknowledge the violation cited herein, the civil penalty specified above
shall be due and payable no later than April
13, 2004.
Ifyou
do not petition the Illinois
Pollution Control Board for review ofthis Administrative Citation within thirty-five
(35)
days ofservice hereof and have not paid the civil penalty by the due date stated above, or
if you
elect to contest this Administrative Citation, any judgment rendered shall specif~i
the
due date of the statutory civil penalty and any costs
assessed against you.
When payment is made, your check should be made payable to
the County of
Vermilion, Illinois,
and mailed to
the Vermilion County Health Department, 200 South
College
Street, Danville, Illinois 61832, together with a completed copy ofthe
Remittance Form attached hereto.
If any civil penalty,
by reason ofacknowledgment, default or finding after
adjudicatory hearing, is not paid when due, the Vermilion
County State’s Attorney may
initiate proceedings in the Circuit Court to collect said civil penalty.
In addition to the
previously assessed civil penalty and any hearing costs ofthe Illinois Pollution Control
Board, the State’s Attorney’s Office will seek to
recover its costs oflitigation.
Dated:~i~
Frank R. Young
State’s Attorney for Vermilion
County
Prepared by:
Jennifer Riggs
Office ofthe State’s Attorney
7 N. Vermilion St.
Danville,
IL 61832
217-554-7750
j~
~
I~
By:
State’s Attorney
REMITTANCE FORM
INTHE MATTER OF
)
)
ACNo.___
JERRY HATHAWAY
)
County File No.
04-0 1
DARRELL CRIPE,
)
Respondents.
)
Facility/Property:
1617 Perrysville Road, Danville, Illinois
County:
Vermilion
Date ofInspection:
January 13, 2004
Site Code No.:
1838045022
Civil Penalty:
$1500.00
Date Remitted:
_________________
SSN/FEIIN No.:
____________
Signature:
________________
NOTE
Please enter the date ofyour remittance, your Social SecurityNumber (SSN) if an
individual, or Federal Employer Identification Number (FEIN) if a business, and sign this
Remittance Form.
Your check should be made out to the County ofVermilion, Illinois.
Be sure your check is
enclosed with this Remittance Form
and mail to: Vermilion County
HealthDepartment, 200 S.
College Street, Danville, Illinois 61832.
RECEIVED
CLERK’S OFFICE
MAR
172004
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL
BOI~P~Uution
Control Board
AFFIDAVIT
IN THE MATTER OF
)
JERRY HATHAWAY
)
AC No.
0
DARRELL CRIPE,
)
County File No.
04-01
Respondents.
)
The Affiant, Lee Ann Chezem, being first duly sworn, voluntarilydeposes and
states as follows:
1.
Affiant is a field inspector employed by the Vermilion County Health
Department and has been so employed at all times pertinent hereto.
2.
On January 13, 2004,
between
10:00 a.m. and 10:10
a.m., Affiant conducted
an inspection ofpropertylocated at 1617
Penysville Road,
Danville, within
the County ofVermilion, State ofIllinois, owned by JerryHathaway,
occupied by Darrell Cripe.
3.
Affiant inspected the property by an on-site inspection.
4.
Prior to said inspection, Affiant had reviewed Illinois Environmental
Protection Agency permits issued to the subject site.
5.
As a result ofthe activities referred to
in paragraphs 2,
3
and 4 above, Affiant
completed the Solid Waste Landfill Inspection Checklist, with the
accompanying Inspection Report Narrative, Site Sketch and photographs,
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 the property located at 1617
Perrysville Road, Danville,
Illinois, on January
13, 2004.
~—~teeAJin Chezem
0
SIGNED and SWORN to before me this ~
day ofMarch, 2004, by Lee Ann
Chezem.
~
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NOTARY PUBLIC
“OFFICiAL SEAL’
BONNIE
SUE
BOWLES
NOTARY PUBLiC
STAVE
OF
W!~JO~
MY
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County
Vermilion
Location/Site Name:
Date:
01113/2004
Time:
From
10:00am
Inspector(s):
Lee Ann Chezem
No.
of
Photos Taken:
#
5
Interviewed:
1838045022
Region:
4
-
Champaign
To
10:10am
Previous
Inspection
Date:
03/14/2003
Weather:
Sunny,
windy,
40 degrees
_______
yds3
Samples Taken:
Yes #
Complaint #:
ktiNoiS
ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
LPC#:
Danville/Hathaway
Est. Amt.
of Waste:
90
Responsible
Party
Mailing Address(es)
and, Phone
Number(s):
Jerry Hathaway
-
517 South
Street
Oakwood,
Illinois
61858
Darrell
Cripe
—\~-~---~
1617 Perrysville Road
Danville,
Illinois
61832
SECTION
DESCRIPTION
VIOL
•
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW
AIR
POLLUTION
IN ILLINOIS
LI
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
LI
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN
ILLINOIS
LI
4.
12(d)
CREATE AWATER POLLUTION HAZARD
LI
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
L
~_________
6.
21(d)
(1)
(2)
CONDUCT
ANY
WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
Without a Permit
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
CAUSE OR ALLOW THE OPEN
DUMPING OF
ANY
WASTE
IN A
MANNER
WHICH
RESULTS
IN
8.
21(p)
(1)
(2)
(3)
(4)
(5)
(6)
ANY
OF THE FOLLOWING OCCURRENCES AT THE
DUMP SITE:
Litter
Scavenging
LI
Open Burning
Deposition
of Waste in Standing
or
Flowing Waters
LI
Proliferation of Disease Vectors
LI
Standing
or Flowing
Liquid
Discharge
from the
Dump Site
LI
vised 06/18/2001
(Open Dump
-
1)
LPC#
Inspection
Date:
(7)
Deposition of General Construction
or Demolition
Debris; or Clean Construction or
Demolition Debris
9.
55(a)
NO PERSON
SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
LI
(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 TO
DEVELOP
AND
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL
WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROMAWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION
AND
PERMIT
ANDIOR MANIFEST
•
OTHER REQUIREMENTS
14.
.~
~
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
)
Signature ~Inspector(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 Act or by complaint
under Section 31
of the Act.
5.
This inspection was conducted in accordance with Sections4(c)and
4(d) of the Illinoisj
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.
~
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__
VE~IIuoN COUN~HE~TH DEP~TMENT
(~Th~LiTh9
*
-ye,r,Un,..ItofTh,,.~
*
STEPHEN LAKER, M.S.
HEALTH
~rco
EDUCATION BUILDING
PUBLIC
HEALTH
ADMINISTRATOR
200
SOUTH
COLLEGE.
SUITE A
~
tNO~’
DANVILLE,
IL 61832
•
PHoNE/TDD
217
431-2662
PUBLIC
HEALTH
IS
PRICELESS
FAX
217
431-7483
LPC#183 8045022
Danville/Hathaway
FOS
01/13/04
-
OPEN DUMP INSPECTON NARRATIVE
This unpermitted dumpsite was inspected on January
13, 2004,
by Lee Ann Chezemof
the Vermilion County Health Department.
The weather was sunny, windy and
approximately 40 degrees.
Five photos were taken ofthe site from a location directly to the south ofthe property and
to the west ofthe property.
Access to. the property couldnot be made, due to
•
Mr. Hathaway not responding to any letters requesting to meet him at the property.
This site is located in Vermilion County.
The address is
1617 Perrysville Road in
Danville, Illinois.
Darrell Cripe resides at this location along with three tenants who,
occupy mobile homes on the property.
County records indicate the property is owned by
Jerry Hathaway who resides at
517 South Street in Oakwood,
Illinois
61858.
INSPECTORS FINDINGS
Complaints of open dumping on this property site have been investigated since July 2001.
The site has never ‘been brought
into compliance since the first complaint occurred.
This property was inspected on March
14, 2003
with Darrell Cripe who asked the
inspectors to
leave the property.
The inspectors returned to the propertywith Jerry
Hathaway on March 27, 2003
to inspect the
entire location.
During this
inspection,
numerous items ofsolid waste were observed on the north portion ofthe property, the
large white building on the property was full of derelict vehicles, appliances
and other
solid waste
items.
Boats, campers, concrete blocks,
tires, and
a mobile home frame were
observed on the property.
Mr. Hathaway agreed to
remove the
solid waste within 30 days and the balance oftrailers
were to be removed soon after the
30 day time frame.
Mr. Hathaway did make minor
improvements with 30 days to the large dump
site of solid waste at the north end ofthe
property, however after May 12, 2003, no attempts have been made to
completely
remove the
solid waste.
In addition,
no trailers have been removed, but Mr.
Cripe has
added a modular home,
vacant mobile homes,
camper trailers and food vending units.
A letter
was
forwarded to Mr. Hathaway on May22,
2003
asking that he contact me to
advise what his plans
were to
complete the cleanup.
No response was received from
Mr. Hathaway.
Telephone contact was attempted at Mr. Hathaway’s residence, however
no contact could be made.
A second letter was forwarded to Mr. Hathaway on December 3, 2003, requesting that
all
ofthe solid waste on the property be removed by January
10, 2004.
In addition, Mr.
Hathaway was requested to
contact the Vermilion
County
HealthDepartment to
discuss
his property
and
to meet at the site.
No response
was
received
and
as ofthe date ofthis
no contact has
been
made with Mr. Hathaway.
Vermilion
County’s Emergency Services Disaster Agency Director, Ed Miller,
filed
a
complaint in early June 2003
with the Vermilion County State’s Attorney’s Office
against Mr. Cripe.
The complaint alleged that Mr. Cripe had violated the
County
Ordinance regarding the Flood Plane Act.
This property is located in a flood plane area
and
several changes have beenmade to the property that were not permitted.
Mr.
Cripe
first appeared in court on August 8, 2003.
The case has been continued for
various
reasons and as ofthe date of
this
report, the case was continued until February 2004.
On
January
13,
2004,
5
photos ofthe site were taken from the road located directly in
front ofthe property.
Observed on the property was (photos
1-5)
solid waste, garbage,
trash containers with solid waste,
several unoccupied trailers, 4 occupied trailers, a
camper trailer, a modular home
that
has not been permanently set
and
food vending
units
parked on the east
side ofthe property.
Previous
complaints had beenreceived concerning the possibility ofifiegal dumping
occurring in Stoney Creek, which runs beside
and
behind the property.
During the
inspection ofMarch 2003,
there was no dumping observed in the creek.
Since
this
inspection, no dumping
has
been observed in the area.
No measurements were taken at the
site.
The estimated amount ofsolid waste is
approximately 90-100 cubic yards.
The actual amount
is expected to be considerably
more
than this amount.
This reporter left the area around the property at approximately
10:10am.
VE~IILIoN COUNTY HEALTH
DEPARTMENT
STEPHEN
LAKER,
MS.
HEALTH
AND
EDUCATION BUILDING
PUBLIC
HEALTH ADMINISTRATOR
200
SOUTH
COLLEGE,
SUrFE
A
D~WILLE,
IL 61832
PHONE/TDD
217
431-2662
PUBLIC-HEALTH
IS
PRICELESS
FAx
217
431-7483
LPC#1 838045022
Danville/Hathaway
01/13/04
SUMMARY
OF APPARENT VIOLATIONS
ILLINOIS ENVIRONMENTAL PROTECTION ACT (415 ILCS
5/1
ET SEQ.)
Section 21(a) ofthe Act:
No person shall...cause or allow the open
•
dumping ofany waste.
Open dumping was observed on
this
site.
-
Section 21
(d)(1) ofthe Act:
No person
shall..
.conduct
any
waste storage,
•
waste-treatment, or waste-disposal’ operation without.
.
.
a permit granted by
the Agency.
No Agency shallpermit to
conduct a waste
storage, waste-
treatment, or waste-disposal operation for the site was issued.
Section (d)(2) ofthe Act:
No person shall... conduct
any
waste-storage,
waste-treatment, or waste disposal operation.. .in violation of
any
regulations or standards adopted by the Board under the Act.
Violations
ofthe Illinois Pollution Control Board Regulations were observed at the
site where waste storage, waste-treatment, or waste-disposal operations
were taking place.
•
-
Section 21(e) ofthe Act:
No person shall.. .dispose, treat, store or
abandon
any
waste.. .except at a site or facility which meets the
requirements ofthis Act
and
ofregulations
and
standards thereunder.
The
storage and disposal ofwaste was occurring at a site which did not meet
the requirements ofthe Illinois Environmental Protection Act and the
illinois Pollution ControlBoard Regulations.
Section 2l(p)(l) ofthis Act:
No person shall.. .cause or allow the open
dumping ofnay waste which results in.. .the deposition ofgeneral
construction or demolition debris; or clean construction
or demolition
debris.
Open dumping resulting
in the deposition ofgeneral
and
clean
construction
and
demolition debris
was
observed at the site.
LPC#1 838045022
Danville/Hathaway
01/13/04
ILLINOIS POLLUTION
CONTROL BOARD;
35 ILLINOIS
ADMINISTRATIVE CODE,
SUBTITLE G
-
(REGULATIONS)
Section
8 12.101 ofthe Regulations...All persons, expect those
Specifically exempted by Section 2 1(d) ofthe Environmental
Protection Act (Act)
415
ILCS 5/21 (d),
shall submit to
the
Agency and
application for
a
permit to develop and operate a
Landfill.
The
application
must contain the information required
By this subpart and by Section 39(a) ofthe Act, except as
Otherwise provided in 35111. Adm.
Code 817. No such
Application
for a permit to
develop and operate a landfillwas
Submitted.
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55
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IN THE MATTER OF
JERRY HATHAWAY
DARRELL CRIPE
State of Illinois
R~C~1VED
CLERK’S OFFICE
Back to top
MAR
17
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARq~STATE
OF ILLINOIS
OlIut,on
Control Board
ACNo.
~2t1t4
)
County FileNo. 04-0 1
AFFIDAVIT
OF SERVICE ON
CORPORATION
)
)
County ofVermilion
)
I, the undersigned, on oath state that I have served the attached Administrative
Citation on the Respondent, Jerry Hathaway, by leaving a copy ofthe same with (name):
/‘/:~-,i~
,on(date):
(address):
~/
7
S
~2~~’ooJ
~
.27.
at (time):
2004.
)
Respondent.
)
Investigator
Vermilion County State’s Attorney Office
SUBSCRIBED AND SWORN
TO
BEFORE ME this j~dayof)2~
2004.
TARY PUBLIC
RECEIVED
STATE OF ILLINOIS
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOj~P0fl
Control Board
IN
THE MATTER OF
)
AC No.
____
JERRY HATHAWAY
)
County File No. 04-01
DARRELL CRIIPE
)
Respondent.
)
AFFIDAVIT OF SERVICE ON
CORPORATION
State ofIllinois
)
)
ss
County ofVermilion
)
I, the undersigned, on oath state that I have served the attached Administrative
Citation on the Respondent, Darrell Cripe, by leaving a copy of the same with (name):
_______________________
at (address):
/~
/7
/2e9Y~ls6A//-e
7~
~~-//~
at (time):
00
,
on (date):
___________,
2004.
Investigator
Vermilion County State’s Attorney Office
SUBSCRIBED AND SWORN
TO
BEFORE ME this
i~.s-
day of)~d,,
2004.
NOTARY PUBLIC
THIS
FILING IS SUBMITTED ON ~
OFF1C~J1L~
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