RECE~V~D
CLERK’S OFFICE
MAY 262005
STATE OF ILLINOIS
Pollution flnntrol Board
Montgomery County State’s Attorney
Assisant State’s Attorneys:
Montgomery County Courthouse
Chris Matoush
120 N. Main, Room 212
Katherine Pawlik
Hilisboro,Ii 62049
(217)532-9551
Victim Witness Coordinater:
.
FAX
(217)532-9518
Lena Beclc
The Honorable Dorothy Gunn, Clerk
illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Administrative Citation
County of Montgomery v. Lawrence & Tina Dickenson
Montgomery County No. 2005-02-AC; 1350455040— Montgomery County
inspection Date: May 4, 2005
Dear Clerk Gunn:
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine true and correct copies ofthe
Administrative Citation Package, consisting ofthe Administrative Citation, the inspector’s Affidavit, and the inspector’s
Montgomery County Coordinated Services? Open Dump Inspection Checklist and report, issued to the above-referenced
respondent(s).
A copy of the Administrative Citation Package was sent to the Respondent(s) via Certified Mail. As soon as I receive the return
receipt, I will promptly file a copy with you, so that the Illinois Pollution Control Board may calculate the thirty-five
(35)
day
appeal period for purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a petition for
review contesting the Administrative Citation.
If you hav~any questions or concerns, please do not hesitate to contact me at the number above. Thank you for your cooperation.
Sincerely,~
/
~
I
~
i/
(
/1
____
Jim ~befts
Date
MQ~tgomeryCounty State’s Attorney
I
Enclosure
cc:
Montgomery County Coordinated Services, Bill Gonet
DLPC/FOS Springfield Region
Division ofLand Pollution Control File
Jim Roberts
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
26 2005
ADMINISTRATIVE CITATION
County of Montgomery,
)
)
Complainant,
)
)
v.
)
)
Lawrence & Tina Dickenson,
)
)
Respondents.
)
STATE OF ILLINOIS
Pollution Control Board
AC
Administrative Citation
(Montgomery County No. 2005-02-AC)
NOTICE OF FILING
To:
Lawrence & Tina Dickenson
105W DeWitt
Pana, IL 62557
PLEASE TAKE NOTICE that the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST and REPORT were
mailed for filing with the Clerk of the Pollution Control Board of the State of Illinois.
Montgomery County State’s Attorney
120 North Main, Room 212
Hillsboro, Illinois 62049
(217) 532-9551
Dated: 5~-~
~,2
Jim Roberts
County State’s Attorney
THIS FILING SUBMITTED ON RECYCLED PAPER
PROOF OF SERVICE
I hereby certify that I did send by Certified Mail, Return Receipt Requested, with
postage thereon fully prepaid, by depositing in a United States Post Office Box the following
instrument(s) entitled ADMINISTRATIVE CITATION, AFFIDAVIT, and OPEN DUMP
INSPECTION CHECKLIST and REPORT
To:
Lawrence & Tina Dickenson
105W DeWitt
Pana, IL 62557
and the original and nine (9) true and correct copies of the same foregoing instruments on
the same date by Certified Mail 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
Jim Roberts
Montgomery County State’s Attorney
____
120 North Main, Room2l2
Date
Hillsboro, Illinois 62049
(217) 532-9551
)ntgomery County State’s Attorney
THIS FILING SUBMITI’ED ONRECYCLED PAPER
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDSTATE
MAY
OF
262005
ILLINOIS
ADMINISTRATIVE CITATION
Pollution Control Board
County of Montgomery,
)
Complainant,
)
AC
)
Administrative Citation
v.
)
(Montgomery County No. 2005-02-AC)
)
Lawrence & Tina Dickenson,
)
)
Respondents.
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 (“Act”),
415 ILCS 5/31.1 (2000), and delegated to the County of Montgomery pursuant to Section 4(r) of
the Act, 415 ILCS 5/4(r) (2000),
FACTS
1.
That Lawrence & Tina Dickenson (“Respondents”) are the present owners and/or
operators of a facility located at the West Half (W1/a) of the North Half (N1,6) of Block Four(4) and the
North (N) Thirty (30) feet of the South Half (SY2) of the West Half (W1/2) of Block Four (4) of Halter’s
subdivision of Block Five (5) of Miller and Young’s Second Addition to Nokomis and all that part of
Block Five (5) lying West (W) of the center line of said lot. All in J.E. HaIler’s subdivision of Block
Five (5) in Miller and Young’s Second Addition to Nokomis according to the recorded plat thereof,
situated in Montgomery County, Illinois. The property is commonly known to Montgomery County as
Nokomis/Dickenson.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1350455040.
3.
That Respondents have owned and/or operated said facility at all times pertinent
THIS FILING SUBMITTED ON RECYCLED PAPER
hereto.
4.
That on May 4, 2005, Bill Gonet of the Montgomery County Coordinated Services’
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 Bill Gonet during the course of his May 4, 2005
inspection of the above-named facility, Montgomery County has determined that Respondents have
violated the Act as follows:
(1)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 2l(p)(1) of the Act, 415 ILCS
5121(p)(l)
(2000).
(2)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in deposition of general construction or demolition debris or clean
construction or demolition debris, a violation of Section 21(p)(7) of the Act, 415 ILCS
5/21 (p)(7) (2000).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2000), Respondents are
subject to a civil penalty of One Thousand Five Hundre.d Dollars ($1,500.00) for each of the
violations identified above, for a total of Three Thousand Dollars ($3,000.00). If Respondents elect
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later July 7, 2005, unless otherwise provided by order of the Illinois Pollution
THIS FILING SUBMITTED ON RECYCLED PAPER
2
Control Board.
If Respondents elect 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(2000), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatoryhearing,
Respondents shall be assessed the associated hearing costs incurred by Montgomery County 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.
Pursuant to Section 31 .1 (d)(1) ofthe Act, 415 ILCS 5/31 .1(d)(1) (2000), if Respondents fail
to petition or elects 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 Montgomery
County Coordinated Services office and mailed to the attention of Christine Daniels, County
Coordinator, at P.O. Box 122, Hillsboro, Illinois 62049. Along with payment, Respondents shall
complete and return the enclosed Remittance Form to ensure proper documentation of payment.
If any civil penalty and/or hearing costs are not paid within thetimeprescribed byorderofthe
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondents from the date payment is due up ~o:a~i,.dincluding the date that payment is
received. The State’s Attorney of Montgomery County may be requested to initiate proceedings
against Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
THIS FILING SUBMITTED ON RECYCLED PAPER
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents have the right to contest this Administrative Citation pursuant to and in
accordance with Section 31.1 of the Act, 415 ILCS 5/31/1 (2000). If Respondents elect to contest
this Administrative Citation, then Respondents 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 State’s Attorney of Montgomery
County at the Montgomery County Courthouse, 120 North Main, Room 212, Hillsboro, Illinois 62049.
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 Respondents.
~1~AÜ~
I2~4(Jf1J~)
Date: _____
Christine Daniels~
County Coordinator
Montgomery Count Coordinated Services office
~
,41m~oberts
//
Montgomery County State’s Attorney
Prepared by:
Jim Roberts
Montgomery County State’s Attorney
120 North Main, Room 212
Hillsboro, Illinois 62049
(217) 532-9551
THIS FILING SUBMITTED ON RECYCLED PAPER
4
•
RECE~VED
CLERK’S OFFICE
REMITTANCE FORM
MAY 26 2005
PollutionSTATE
OFControlILLINOIS.Board
County of Montgomery,
)
Complainant,
)
AC ~-‘
)
Administrative Citation
v.
)
(Montgomery County No. 2005-02-AC)
Lawrence & Tina Dickenson,
)
Respondents.
)
FACILITY:
Nokomis/Dickenson
SITE CODE NO.:
1350455040
COUNTY:
Montgomery
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
May 4, 2005
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 Christine Daniels, County
Coordinator, Montgomery County Coordinated Services office, P.O. Box 122, Hillsboro, Illinois
62049.
THIS FILING SUBMITTED ON RECYCLED PAPER
5
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
County of Montgomery,
)
)
Complainant,
)
AC
)
Administrative Citation
v.
)
(Montgomery County No. 2005-02-AC)
)
Lawrence & Tina Dickenson,
)
)
Respondents.
)
AFFIDAVIT
Affiant, Bill Gonet, being first duly sworn, voluntarily deposes and states as follows:
1. Affiant is a field inspector employed by the Montgomery County Coordinated
Services’ office and has been so employed at all times pertinent hereto.
2. On May 4, 2005 between 1:05 p.m. and 1:25 p.m., Affiant conducted an
inspection of the site in Montgomery County, Illinois, known as Nokomis/Dickenson, Site
Code No. 1350455040.
3. Affiant inspected said Nokomis/Dickenson site by an on-site inspection which
included photographing the site.
4. As a result of the 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 accurate representation of Affiant’s observations and
factual conclusions with respect to the Nokomis/Dickenson site.
Subscribeçl and Sworn to before me
this6~3’~Jayof
___________
2005.~
~~~I••
Notary•
lic~
f~6~~1CIALSEAr~1
THIS FILING SUBMITTED ON RECYCLED PAPER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8-17-2003
MONTGOMERY COUNTY COORDINATED SERVICES
Open Dump Inspection Checklist
County:
Montgomery
LPC#:
1350455040
Region:
5 - Springfield
Location/Site Name:
Nokomis/Dickenson
Date:
05/04/2005 Time: From 1:05 pm
To 1:25 pm
-02/28/2005
Inspector(s):
Bill Gonet
Weather:
No. of Photos Taken: # 7
Est. Amt. of Waste: 100
yds3 Samples Taken: Yes #
Interviewed:
Complaint #:
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Lawrence & Tina Dickenson
105W DeWitt
Pana, IL 62557
No~
Previous Inspection Date:
65 degrees F, clear, dry
SECTION
9(a)
DESCRIPTION
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 AWATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
21(d)
OPERATION:
VIOL
(1)
WithoutaPermit
•
LI
(2)
In Violation of Any Regulations or Standards Adopted by the Board
•
LI
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
~J
CAUSE OR ALLOW THE OPEN DUMPING OF ANYWASTE IN A MANNER WHICH RESULTS
8.
21(p)
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP
sri
____
(1)
Litter
(2)
Scavenging
(3)
Open Burning
(4)
•
•
•
(5)
Proliferation of Disease Vectors
(6)
•
Standing or Flowing Liquid Discharge from the Dump Site
1.
6.
Deposition of Waste in Standing: or Flowing Waters
Revised 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
1 ~
(2)
•
Cause or Allow Open Burning of Any Used or Waste Tire
LI
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
•
SUBTITLEG
•
•
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
LI
10.
812.1 01 (a)
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTEDETERMINATION
LI
12.
808.1 21
SPECIAL WASTE DETERMINATION
LI
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
LI
13.
809.302(a)
PERMITAND/OR MANIFEST
OTHER REQUIREMENTS
APPARENT VIOLATION OF:
(LI)
PCB;
(Lii)
CIRCUIT COURT
14.
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
••~
•
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 forconvenience only and should not be construed as legal
conclusions of the MCCS or as limiting the MCCS’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 enforceabl~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.
Revised 06/18/200 1
(Open Dump
-
2)
•
Montgomery County Coordinated Services
Solid Waste Department
P.O. Box 122
•
Ililisboro, IL 62049
DATE:
May
5,
2005
TO:
Montgomery County Coordinated Services File
FROM:
Bill Gonet, Montgomery County Solid Waste Inspector
SUBJECT:
LPC #1350455040
-
Montgomery County
Nokomis/Dickenson
FOS File
A re-inspection ofthe above referenced site was conducted on May 4, 2005. The site was
•previously inspected on December 2, 2004 and February 28, 2005. During the February
28, 2005 inspection the following violations ofthe Environmental Protection Act were
observed: 21(a) cause or allow open dumping, 21(p) 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 ofgeneral construction or demolition debris; or clean
construction or demolition debris, and
55(a)
no person shall: (1) cause or allow open
dumping of any used or waste tire.
The site is located at the southeast corner ofIllinois Route 16 and Blue Street in the City
ofNokomis, Illinois. The property is owned by Lawrence and Tina Dickenson. The
mailing address for the property owners is 105 W. DeWitt, Pana, IlL
62557.
On December 20, 2004 an Administrative Citation Warning Notice (ACWN) and a copy
• ofthe December 2, 2004 inspection report were sent to Lawrence and Tina Dickenson by
certified mail. The signature on the return receipt showed that the letter was received by
Lawrence Dickenson on December 30, 2004. No response to the ACWN was received.
On March 1, 2005 an extension to the compliance deadline and a copy of the February
28, 2005 inspection report were sent to Lawrence arid T-ina Dickenson by U.S. Mail,
regular delivery. The extension letter basically stated; it was determined during the
February 28, 2005 inspection that the facility had not returned to compliance with the
corrective actions required in the ACWN. Ifthe site was not in complete compliance by
April 4, 2005 further enforcement action would be taken.
I arrived at the site at 1:05 p.m. The temperature was about
65°Fwith
clear skies. The
wind was coming from the west and the soil condition was dry. No one was met or
interviewed at the site during the inspection.
Observed at the site during the previous inspection was a dilapidated building consisting
• ofgeneral construction or demolition debris, scrap metal, 4 used/waste tires~an ice chest,
clothing, roller skates, roller skate parts, and other various debris. Shown in photos 001
through 007 is that all ofthe above mentioned wastes still remained. It appeared that no
attempt had been made to comply with the corrective actions required in the ACWN nor
had the respondents made any attempt to contact Montgomery County Coordinated
Services concerning the violations at the site.
I left the site at 1:25 p.m.
See attached Open Dump Checklist for apparent violations.
cc:
DLPC/Division File
DLPC/FOS-Springfield Region
BOA/FOS-Springfield Region
City ofNokomis, Mayor Keith Hancock
Montgomery County State’s Attorney, Jim Roberts
OPEN DUMP SITESKIETCH
LPC#
1350455040
Site Name
•Nokomis/Diclcenson
Location
Southeast corner ofIllinois Route 16 & Blue St., Nokomis
Montgomery County
LPC #1350455040
—
Montgomery County
Coordinated Services
Nokomis/Dickenson
FOS File
DIGITAL
PHO TOGRA PHS
File Names: 1350455040
—
05042005-Exp. #.jpg
Date: 05/04/2005
Time: 1:06 p.m.
Direction: east
Photo by: Bill Gonet
Exposure #: 001
Comments: West side
view of site.
Date: 05/04/2 005
Time: 1:07 p.m.
Direction: southeast
Photo by: Bill Gonet
Exposure #: 002
Comments: White good,
lumber, tin.
Page 1 of4
Montgomery County
Coordinated Services
PC #1350455040
—
Montgomery County
Nokomis/Dickenson
lOS File
DIGITAL PHOTOGRAPHS
File Names: 1350455040—05042005-Exp. #J.jpg
Date: 05/04/2005
Time: 1:08 p.m.
Direction: southeast
Photo by: Bill Gonet
Exposure #: 003
Comments: General
const/demo debris.
Date: 05/04/2005
Time: 1:09 p.m.
Direction: southwest
Photo by: Bill Gonet
Exposure #: 004
Comments: General
const/demo debris, tires.
Page 2 of 4
Montgomery County
Coordinated Services
PC #1350455040
—
Montgomery County
Nokomis/Dickenson
FOS File
DIGITAL PHOTOGRAPHS
File Names: 1350455040—05042005-Exp. #.jpg
Date: 05/04/2 005
Time: 1:09 p.m.
Direction: southwest
Photo by: Bill Gonet
Exposure #: 005
Comments: General
const/demo debris.
Date: 05/04/2005
Time: 1:13 p.m.
Direction: southeast
Photo by: Bill Gonet
Exposure #: 006
Comments: Roller
skates, paper, various
other debris in south
end of building.
Page 3 of 4
Montgomery County
Coordinated Services
DIGITAL PHOTOGRAPHS
PC #1350455040
—
Montgomery County
Nokomis/Dickenson
FOS File
File Names: 1350455040— 05042005-Exp. #.jpg
Date: 05/04/2005
Time: 1:14 p.m.
Direction: north
Photo by: Bill Gonet
Exposure #: 007
Comments: General
const/demo debris.
Page 4 of 4
