C E ~
~
CLERK’S OFFICE
OCT
22
2OO~
STATE
OF
~LUNO~~
~Q~Ofl99~Ot’~Pc
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.
RE CE
~V~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFK~
ADMINISTRATIVE CITATION
OCT 22
2OO~
STATE
OF
LU N
Pollution
Contro’
~
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
~-‘
)
v.
)
(I1EPA No. 532-04-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 ADMINESTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
r
Respectffilly submitted,
Michelle M. Ryari~’
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:
October 20, 2004
THIS FILING
SUBMITFED ON RECYCLED PAPER
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
ADMINISTRATIVE CITATION
OCT 22
2004
STATE OF
ILLINOIS
POII~ti~~
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
~‘
)
v.
)
(IEPA
No. 532-04-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
of the Illinois Environmental Protection Act, 415
ILCS 5/31.1
(2002).
FACTS
1.
That James Haas, Jr. (“Respondent”) is the present owner of a facility located at the
north side of Davis Road, just
1/4
of a mile east of Zion 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 September
1, 2004, Kaare Jacobson of the Illinois Environmental Protection
Agency’s Rockford Regional Office inspected the above-described facility. A copy of his 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
September
1,
2004
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
On April
1, 2004, the Board found James Haas, Jr. in violation of Section 21 (p)(1) of the Act
in AC 04-47.
Becausethis Administrative Citation addresses a second-or subsequent violation of Section
21(p)(l)
of the
Act,
pursuant
to
Section
42(b)(4-5) of
the Act,
415
ILCS
5/42(b)(4-5)
(2002),
Respondent is subject
to
a
civil penalty of Three
Thousand
Dollars
($3,000.00)
for each
of the
violationsidentified above, for a total of Three Thousand Dollars ($3,000.00).
If Respondent elects
notto petition the Illinois Pollution Control Board, the statutory civil penaltyspecified above shall be
due and payable no laterthan November 15,2004, unless otherwise provided byorderofthe Illinois
Pollution
Control
Board.
IfRespondent elects to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1
(2002), and if the
Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent shall be
assessed the associated hearing costs incurred by theillinois Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing
costs shall be assessed
2
in addition
to
the Three Thousand
Dollar ($3,000.00) statutory civil penalty for each violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondentfails
to petition orelects not to petition the Illinois Pollution-Control Board for review of 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.
If any civil penaltyand/or hearing costs are not paid within the tirn~
prescrEbed byürderof the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or hearing
costs
shall
be assessed
againstthe Respondent from the date
payment
is due up to and includFng-the date that payment is
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 of Legal 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 for Review 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:
10
12-o
Io’4
Renee Cipriano, Director.~
~r~C.—C.-
Illinois Environmental
Protection Agency
Prepared by:
Susan
E.
Konzelmann, Legal Assistant
Division of Legal Counsel
Illinois Environmental 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.
532-04-AC)
JAMES
HAAS JR.,
)
)
Respondent.
)
FACILITY:
Mt. Carroll/Haas Property
SITE CODE NO.:
0150205024
COUNTY:
Carroll
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
September 1,
2004
DATE REMITTED:
SS/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.
Affiarit 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
September
1,
2004,
between 2:35
p.m.
and
2:42
p.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 bestof
AffiantUs
knowledge
and
belief,
is
an
accurate
representation
of
AffiantEls
observations and factual conclusions with respect to said
open dump.
Subscribed and Swon~,to
Before Me
this
~~~dayof
~‘~4_—~
,2004
/~l~~(r
~
Notary Public
‘OFFICIAL SEAL”
TERESA
LABUNSKI
Notary Public,
State of Illinois
~yCommission Expires
1/10/2007
EPS III
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump
Inspection Checklist
County:
Carroll
LPC#:
Location/Site Name:
Mt. Carroll/ Haas
Property
Date:
09/01/2004
Time:
From
2:35 pm
Inspector(s):
Jacobsen
No. of Photos Taken:
#
4
Interviewed:
Responsible Party
Mailing
Address(es)
and
Phone
Number(s):
Est. Amt. of Waste:
10
0150205024
Region:
1
-
Rockford
To
2:42 pm
Previous Inspection Date:
12/23/2003
Weather:
82 degrees
_______
yds3
Samples Taken:
Yes #
No
~
Complaint #:
~
L~
L~
\j
VT
~
rn~
L_i
~
SECTION
DESCRIPTION
J_VIOL
ILLINOIS
ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN
ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
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
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE
STATE AT/TO SITES NOT MEETING
REQUIREMENTS OF ACT
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
LI
(3)
Open Burning
LI
(4)
Deposition of Waste
in Standing or Flowing Waters
LI
(5)
Proliferation
of Disease Vectors
LI
(6)
Standing or Flowing
Liquid Discharge from the Dump
Site
LI
James
Haas,
Jr.
12343
East
Blackhawk Road
Stockton,
IL 61085
815-947-2379
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0150205024
Inspection
Date:
09/01/2004
(7)
Deposition of General Construction
or Demolition Debris; or Clean Construction or
Demolition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause orAllow 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
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.1 21
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE
FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION
AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
1~7~L
/
Signature of 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 Illinoisj
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 Sections 4(c)
and
4(d) of the 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.
H
Revised 06/18/2001
(Open Dump
-
2)
0150205024-Carroll County
Mt. Carroll/Haas Property
NARRATIVE INSPECTION REPORT
On September
1, 2004,
I (Kaare Jacobsen)
conducted a follow-up
inspection
at the Haas
Property in Mt. Carroll.
Originally, this complaint (C-03-008R) was brought to the attention ofthe
Rockford Regional Office, on July 3,
2003.
The complaint alleges that municipal waste has been
open dumped into a ravine.
The above referencedfacility is located on the north side ofDavis Road,
just ¼
ofa mile east ofZion Road.
Agency correspondence should be addressed to the owner ofthe
property, James Haas, Jr. at 12343 East Blackhawk Road in Stockton, Illinois.
Prior to
this inspection,
the owner/operator of the property was issued
an Administrative
Citation.
On May 3, 2004, fee from the Administrative Citation was paid by James Haas.
Upon arrival at 2:35 p.m., no
one was present at the open dump site.
Since there were no
“No
Trespassing” signs
present,
I
proceeded
on
with the
follow-up
inspection.
Photographs
015 0205024~090
104-001 through 004 indicate municipal waste and building debris, covered with
vegetative
growth.
The
inspection concluded
at 2:42
p.m.
The following apparent solid
waste
violations
have
not
been resolved
since the
original
compliant
investigation:
21(a),
21(d)(1),
21(d)(2),
2l(p)(l)
and
21(p)(7)
Environmental
Protection
Act
and
812.101(a)
of
35
Illinois
Administrative Code.
The
owner
failed to remove all ofthe municipal waste and building debris from the ravine.
Further legal action will be, again, pursued in order to get this manner resolved.
STATE
OF ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
SITE
SKETCH
Date
of
Inspection:
~-/—~~
Inspector:
~
Site
Code:
~2.
L
~i
4
2.
~
_~j-~
2
County:
~
..-~
(/7
Site
Name:
~
Time:
2’.3S~o~
~
(
oc~r~d
~
/
/
~
~
~
~
e
N’
—~
~,
~
d
-i
~V
It.
532—7502
t.~ 2~0
UJIBfl
LPC # 0150205024
—
Carroll County
Mt.
CarrolllHaas Property
FOS File
DIGITALPHOTOGRAPH
PHOTOCOPIES
DATE: 09-01-04
TIME: 2:37p.m.
DIRECTION: north
PHOTO
by: Jacobsen
PHOTO
FILE
NAME:
0150205024—090104-001
COMMENTS:
Existing open
dumped solid
waste
with vegetative
cover.
DATE: 09-01-04
TIME:
2:37 p.m.
DIRECTION: north
PHOTO by: Jacobsen
PHOTO
FILE
NAME:
0150205024-090104-002
COMMENTS:
open dumped solid
waste
LPC #0150205024
—
Carroll County
Mt. CarrollfHaas Property
FOS File
DIGITALPHOTOGRAPH
PHOTOCOPIES
DATE: 09-01-04
TIME: 2:37p.m.
DIRECTION: north
PHOTO
by: Jacobsen
PHOTO FILE
NAME:
0150205024—090104-003
COMMENTS: Existing
open
dumped solid waste with vegetative
cover.
DATE: 09-01-04
TIME: 2:39 p.m.
DIRECTION: northeast
PHOTO by: Jacobsen
PHOTO FILE
NAME:
0150205024—090104-004
COMMENTS: open dumped solid
waste
PROOF OF SERVICE
I hereby
certify
that I
did
on the 20th day of October 2004,
send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in
a United States Post Office
Box a true and correct copyofthe 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 ofthe 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
Michelle M. Ryan
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
