RECEIVED

CLERK’S OFFICE

JUN

03

2005

STATE OF ILLINOIS

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARDPoIIution Control Board

COUNTY OF JACKSON,

)

)

Complainant,

)

)

v.

)

ACO5-

I

)

GARY CLOVER,

)

)

Respondent.

)

NOTICE OF FILING

TO:

Gary Clover,

1336 Hoffman Road, Murphysboro, Ii 62966

PLEASE TAKENOTICE that I have filed with the Office ofthe Clerk ofthe Illinois Pollution

Control Board the Complaint for Administrative Citation, a copyofwhich is herewith served upon

you.

Daniel Brenner

Assistant State’s Attorney

May

17th2005

Daniel Brenner

Assistant State’s Attorney

Jackson County

Courthouse

Murphysboro, IL 62966

618-687-7200

---

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN

032005

STATE OF ILLINOIS

Pollution Control Board

COUNTY OF JACKSON,

)

Complainant,

)

)

v.

)

ACO5-

‘1

)

GARY CLOVER,

)

Respondent.

)

APPEARANCE

I hereby file my appearance in this proceeding, on behalfofthe County ofJackson.

Daniel Brenner

Assistant State’s Attorney

Jackson County Courthouse, 3~Floor

Murphysboro, IL 62966

618-687-7200

---

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARDR E C E I V ED

CLERK’S OFFICE

COUNTY OF JACKSON,

)

Complainant,

JUN

032005

STATE OF ILLINOIS

/

Pollution Control Board

)

V.

)

AC05-~~

)

GARY CLOVER,

)

Respondent.

Serve on: Gary Clover, 1336 Hoffman Road, Murphysboro, IL 62966$

PROOF OF

SERVICE

I, the undersigned, hereby certify that a true and correct copy ofthe Administrative Citation and

Appearance were hand delivered to:

Name:

~

(~7~tz_”~-i

Address:

_—

Sex: Male__k’~ma1e____

Age:_____

Date o~ervice:

~

2

,

2005

Time:

~ ~

A1~’.

J~ckson

Co. Sheriffs

Dept.

1001 Mulberry Street

Murphysboro, II

62966

/

IS!

Robert Bums, Jackson Co. Sheriff

DANiEL BRENNER

By his Deputy

PLEASE RETURN TO:

JACKSON COUNTY STATE’S ATTORNEY’S OFFICE

---

RECEIVED

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

ADMINISTRATIVE

CITATION

JUN

032005

STATE OF ILLINOIS

Po~IutiOfl

Control Board

COUNTY OF JACKSON,

)

)

Complainant,

)

)

v.

)

ACO5-

)

SiteCode: 0778105010

GARY CLOVER,

)

)

Respondent.

)

JURISDICTION

This

Administrative Citation is issued pursuant to

authority vested in the Illinois Environmental

Protection Agency by 415 ILCS

5/1

et. seq.

(2002), specifically

415

ILCS

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.

The facility is

an open dump,

operating

without an Illinois Environmental Protection Agency

Operating Permit, and

designated with the Site Code #0778 105010. The facility is

known

to the

Agency as the Murphysboro/Gary Clover site.

3. The Respondenthas owned, occupied, controlledand/or operated the facilityat all relevanttimes

hereto.

4. OnApril

1

8th,

2005, DonTerry,FieldInspector, JacksonCounty Health Department, inspected the

---

facility.

Atrueand correct copy ofthe inspectionreport, alongwithMr. Terry’s affidavit, are attached

and incorporated herein by reference as Exhibit A.

5.

OnMarch

18th,

2004, theIllinois Pollution Control Board (in AC-04-37) foundthe Respondent

to be in violation of415 ILCS 5/21(p)(1)

and 415 ILCS

5/21(p)(7)

on the same site.

VIOLATIONS

On

the

basis of Field 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 April

18th,

2005, an on-site inspection ofthe facility disclosed the following:

1. TheRespondenthascaused orallowedlitteratthefacilityin violationof415 ILCS 5/21 (p)(1); and

2. The Respondent has caused or allowedthe deposition ofgeneral construction or demolition

debris; or clean construction or demolition debris at the facilityin violation of415 ILCS

5/21

(p)(7).

CIVIL PENALTY

Inaccordancewith 415 ILCS 5/42

(b)(4-5),

theRespondent is subject to a civil penaltyof$3,000.00

for each ofviolations

specified above. Additionally,

should the Respondent elect to petition the

Illinois Pollution Control Board under the review process described below, after an adjudicatory

hearing,theRespondent shall be assessed thehearing costs incunedbytthePoliution~Contro1

Board.

The hearing cost would be in addition to the

$6,000.00 fme.

Ifyou acknowledge the violations cited hereinabove, the civil penalty shall be due and payable no

later than July

18th,

2005.

If you do

not petition the Pollution

Control Board for review of the

Administrative

Citation within

35

days of service ofthe Administrative

Citation, or contest the

---

Citation,anyjudgmentthat mayberenderedagainstyoushallspecifythedue dateoftheciviifhieand

any additional costs assessed against you.

Whenpayment is made,yourcheck shouldbe madepayable to theJacksonCounty’s TreasurerOffice

and mailed to the attention of ShirleyDillinger Booker, Jackson County Treasurer, Murphysboro,

Illinois,

62966. Also, please complete and return the enclosed remittance form, along with your

payment, to assure proper credit.

Ifany civil penalty is not paid withinthe prescribed time, the law allows for the accumulation and

payment ofinterest on the remaining unpaid balance. If any civil penalty is not paid when due, the

Office ofthe State’sAttorney shallbe requestedto initiate-proceeding&in Circuit Court to collectthe

penalty. In additionto thecivil penalty, hearing costs, and interest, ifany, the Jackson County State’s

Attorney mayseek to recover their costs oflitigation.

PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION

You have theright to contestthis Citation, pursuant to 415 ILCS

5/31.1.

Ifyou elect to contest this

Citation, you must file a Petition ForReviewwith the Clerk oftheIllinois Pollution Control Board.

A copy ofthe Petition For Review shall be filed with Daniel Brenner, Assistant State’s Attorney,

JacksonCountyCourthouse, Third Floor, Murphysboro, 1162966. Your Petition For Review must

be filedwithin 35 days ofthe date ofserviceofthe present citatioiionyou.

Petition, a Default Order againstyou will entered by the Pollution 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 60601-3218

A copy must also be sent to:

Office ofthe State’s Attorney

Daniel Brenner

Assistant State’s Attorney

Jackson County Courthouse,

3id

Floor

Murphysboro, Il 62966

DATED:

5

,

2005

Daniel Brenner

Assistant State’s Attorney

---

RECEIVED

CLERK’S OFFICE

JUN

1132005

REMITTANCE FORM

STATE

OF ILLINOIS

Pollution Control Board

COUNTY OF JACKSON,

)

Complainant,

)

)

v.

)

NO.ACO5-

)

GARY CLOVER,

)

Respondent.

)

FACILITY:MURPHYSBORO/GARY CLOVER SITE

COUNTY: JACKSON

DATE OF 1NSPECTION: April

18th,

2005

SITE CODE: 0778105010

CIVIL PENALTY: $6,000.00

Date Remitted _______________________________

SS/FEIN#

_________________________

Signature _____________________________________

NOTE

Please include the information on the blank lines. Mail this form with your checkto:

Shirley Dillinger Booker

Jackson County Treasurer

Jackson County Courthouse

Murphysboro, Illinois, 62966

---

JACKSON COUNTY HEALTH DEPARTMENT

IN THE MATTER OF:

077

810 5010/ Jackson

County

Murphysboro / Gary Clover

COMPLIANCE

FILE

Respondent.

AFFIDAVIT

Affiant, Don Terry, being first duly sworn,

voluntarily deposes and states as follows:

1.

Affiantis

a field inspector employed by Jackson County Health Department and

has been so employed at all times pertinent hereto.

2.

On April

18, 2005, between the hours of 10:15 am and 10:26 am, Affiant

conducted an inspection of the open dump site known as Murphysboro / Gary

Clover, Jackson County, Illinois.

3.

Affiantinspected said open dump site by an on-site inspection.

4.

As

a result of the activities referred to in Paragraphs

2 and 3 above, Affiant

completedthe 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 said Gary

Clover,Murphysboro, Illinois, opendump site.

Subscribed and Sworn To before me

this

16th

day of

May,

2005

f~CIALw~,

TRACY

L HARTUN~

NOTARY PUBUC, STATE OF IWNOIS

MY COMMISSION

EXPIRES 03/04/2005

1~

Don Terry

Solid Waste Inspector

---

ILLINOIS

ENVIRONMENTAL PROTECTION

AGENCY

Open Dump Inspection Checklist

County:

Jackson

LPC#:

Region:

7

-

Marion

Location/Site Name:

Murphysboro /

Gary

Clover

Date:

04/18/2005

Time:

From

10:15 am

To

10:26 am

Previous Inspection Date:

12/19/2003

Inspector(s):

Don

Terry

Weather:

74°F

-

sunny

with moderate winds

No. of Photos Taken: #

12

Est.Amt. of Waste:

711

yds3 Samples Taken:

Yes #

Interviewed:

no one at site

Complaint #:

Mr. Gary Clover

1336

Hoffman Road

Murphysboro,

IL

62966

SECTION

DESCRIPTION

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

1.

9(a)

CAUSE,

THREATEN OR ALLOW AIR

POLLUTION

IN

ILLINOIS

El

2.

9(c)

CAUSE

OR ALLOW OPEN

BURNING

El

3.

12(a)

CAUSE,

THREATEN OR ALLOW WATER

POLLUTION

IN

ILLINOIS

El

4.

12(d)

CREATE AWATER

POLLUTION

HAZARD

El

5.

21(a)

CAUSE OR ALLOW

6.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

(1)

Without a Permit

(2)

In

Violation ofAny Regulations or Standards Adopted

by the Board

7.

21(e)

DISPOSE, TREAT, STORE,

OR ABANDON

ANY WASTE,

WASTE INTO

THE STATE

AT/TO

SITES

NOT MEETING

REQUIREMENTS

8.

21(p)

CAUSE

OR ALLOW THE

OPEN DUMPING OF ANY WASTE

IN A MANNER WHICH

IN ANY OF

THE

FOLLOWING

OCCURRENCES AT

THE

DUMP SITE:

(1)

Litter

(2)

Scavenging

El

(3).

Open Burning

El

(4)

Deposition ofWaste in Standing or Flowing Waters

El

(5)

Proliferation of Disease Vectors

El

(6)

Standing

or Flowing Liquid Discharge from the

Dump

Site

El

Revised 06/18/2001

077 810 5010

Responsible

Party

Mailing Address(es)

and Phone

Number(s):

(Open Dump

-

1)

---

LPC#

0778105010

Inspection Date:

04/18/2005

(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

Z

(2)

Cause orAllow Open Burning ofAnyUsed orWaste Tire

El

35

ILLINOIS ADMINISTRATIVE

CODE REQUIREMENTS

SUBTITLE

10.

812.101(a)

FAILURE TO SUBMIT

AN APPLICATION

FOR APERMIT

OPERATE

A LANDFILL

11.

722.111

HAZARDOUS WASTE DETERMINATION

El

12.

808.121

SPECIAL WASTE DETERMINATION

El

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

El

•

OTHER REQUIREMENTS

•.

14.

APPARENT VIOLATION

OF:

(I)

PCB;

(El)

CIRCUIT COURT

CASE_NUMBER:

ORDER ENTERED_ON:

El

15.

OTHER:

807.201

Developmental Permit

& 807.202

Operational Permit

.

El

El

El

El

El

I,

/1/)

—~

Signatur~fofInspector(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 conve~riience

only and

shouidnotbe 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 ~

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 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

06/18/2001

(Open Dump

-

2)

---

NARRATIVE INSPECTION REPORTBOCUMENT

I

•

OPENDUMPSITE

~

Date of Inspection:

April

18, 2005

Inspector:

Don

Terry

Site Code:

077

810

5010

County:

Jackson

Site Name: Murphysboro / Gary Clover

Time:

10:15 am

—

10:26 am

Location:

1336

Hoffman

Rd, Murphysboro

Owner ofProperty:

Gary

Clover

Volume ofWaste found

at site:

711 cu / yds

GENERAL REMARKS

Duringthe

above date and time, I conducted

aninspection ofthe site listed above as a

follow up to one

conducted by

this

office on December 19, 2003 to determine if

the

site had been brought back into

compliance.

I was accompanied on

this

inspection by Bart Hagston ofthe Jackson County Health

Department.

Duringthe inspection, continuing violations ofopen

dumping were observed.

The site is owned by Mr. Gary Clover, who owns

and

operates GaryD. Clover’s Roofing from this site.

Upon

arriving

at the site we went

directly

to

the

house

and

knocked on the door several

times.

No one

answered.

We traveled along

a dirt

driveway that wound to the west

and south

of

the

house (See sketch). I

observed an

area

west ofthe house that appeared to be a mobile homewhich

is being demolished (Photo #1,

See sketch).

Demolition debris

had been open dumped in

and around

the mobile home.

West ofthe mobile home demolition I observed a collection ofwhite

goods

which

had been open dumped

(Photo #2, See sketch).

I traveled

south along the driveway

and

to the west I observed an area containing four abandoned

vehicles,

plywood,

scrap

metal and

other not readily identifiable materialswhich hadbeenopendumped

(Photos

#3,

See sketch).

Continuing south

along

the driveway, Iobserved an

abandoned school bus (Photo #4,

See sketch). The bus’

reardoor

was open exposing the contents

to the

elements.

Southofthe bus, onthewest side of

the driveway, I observed wasteI had

earlier observed

from thePhoto

#3

position (See sketch). Frommy current positionI observed that thewaste in this

area

consisted of

dimensional lumber,

scrap metal, vehicles,

and

other

waste

not easily

identifiable (Photo #5, See sketch).

---

Page 2

0778105010

Murphysboro

I

Gary Clover

April 18, 2005

I

continuedsouth along the driveway.

I observedan area containing

six

abandoned mobile homes in various

states ofdemolition (Photos #6 & #8, See sketch).

To the northwest ofthese abandoned mobile homes, I observed a collectionof

three

abandoned vehicles

(Photo #7, See sketch).

South ofthe areawhere

I observed the abandoned mobile homes, I observed

approximately ten abandoned

vehicles littering the site (Photos#9&

#11,

See sketch). To the north ofthese abandoned vehicles, I

observeda pile ofapproximately 100 waste tires

and

metal

rims

(Photo

#10, See sketch).

Southeast ofthe tires, I observedan area containing anabandoned truck, mobilehome

and

trailer (Photo #12,

See sketch).

Most of

the

materials, mobile homes

and

vehiclesobserved

during

this inspection

appeared

to be the

same

as

observed

during

myDecember 19,2003 inspection. Atthe

time

ofthe inspection, the vehicles,

mobile

homes andother

materials

were not

in use,were

not useable in their

currentcondition, andwerenot

stored

in

such away as

to protect any future use.

The total amount ofwaste

observed

during this

inspection was approximately 711 cu / yds.

My

inspection

ended

at approximately 10:26 am.

Continuing Violations Observed:

Item #5(21)(a):

Cause

or allow open dumping;

Item #8(21)(~)(1

and 7): Cause or allow the open

dumping of any waste in a manner which

results

in

any

of the following occu-rren~es

-atthe

dump site:

(1) Litter; (7) Deposition of

general

construction

or

demolition debris;

or clean construction or

demolition debris:

During

the inspection open

dumping was

observed

that resulted in

litter

and

the

deposition

of general construction or demolition debris; or clean construction or demolition debris

at the

site.

Item #6(21)(d)(1):

Conduct any waste-storage, waste-treatment, orwaste-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 orstandards

adopted by the Board:

There is still no recordof

Mr. Clover

having

applied for or

having

received a

permit

from the Agency to conduct a waste-storage,

waste-treatment, or waste-disposal operation at this location. During

the inspection violations of

regulations

and

standards adopted by the Board regarding daily cover

and

litter control 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

much ofthe waste

was

brought onto the site from other locations for the

purpose

ofdisposal.

---

Page 3

077

810

5910

Murphysboro

Gary

Clover

April

18, 2005

item #9(55)(a)(i): No

person

shall: Cause

orallow open

dumping

ofanyused or

waste

tire:

During

the

inspection approximately

100 waste

tires were observed to have

been

open dumped on

the site.

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 #15~807.2O2):Failure to

obtain

an Operational Permitto operate

a

solid waste managemeot

site:

There is no

record ofMr. Clover having applied for or having received a permit to develop or operate a

landfill

or a waste management site.

---

SITE SKETCH

OPENDUMPINSPECTION

Date Of Inspection:

April

18, 2005

Inspectors: Don

Terry & Bait

Hagston

Site Code:

077

810

5010

County: Jackson

Site Name:

Murphysboro

/ Gary Clover

Time:

10:15 am— 10:26 am

Not Drawn to Scale

All

locations

are

approximate

O~

indicates approx. location &

directionofphotos

f

1N

Hoffmar~

Rd.

hed

I

Dirt

_

~~eway

~House

I

•

—

~

Power Lines

I

~—

~

—II—

I

—

—

I

I

—

—

$

z

L

Ca

CD

L

-

Abandoned

mobile

homes

lire

---

Digital

Inspection

Photo

Sheet

Date:

April

18, 2005

Site #:

077 810 5010

CoUnty:

Jackson

Time:

10:18 am

Photo taken

by:

Bait Hagston

Comments

—

Photo taken

towards:

South

Photo File

Name:

0778105010-04182005-01

Site Name:

Murphysboro

I

Gary

Clover

Date:

April

18, 2005

Time:

10:18am

Photo taken

by:

Bait Hagston

Comments

—

Photo taken towards:

West

Photo File Name:

0778105010-04182005-02

---

Digital

Inspection

Photo

Sheet

Date:

April

18, 2005

Site #:

0778105010

County:

Jackson

Time:

10:19am

Photo taken by:

Bait Haqston

Comments

—

Photo taken towards:

Southwest

Photo File Name:

0778105010-04182005-03

Site Name:

Murphysboro

I

Gary

Clover

Date:

April

18, 2005

Time:

10:19am

Photo taken by:

Bait Hagston

Comments

—

Photo taken towards:

South

Photo File

Name:

0778105010-04182005-04

---

Digital

Inspection

Photo

Sheet

Date:

April

18, 2005

Site #:

0778105010

County:

Jackson

Time:

10: 19 am

Photo taken by:

Bait Hagston

Comments

—

Photo taken towards:

West

Photo File

Name:

0778105010-04182005-05

Site Name:

Murphysboro

1

Gary

Clover

Date:

April

18, 2005

Time:

10:20am

Photo

taken by:

Bait Hagston

Comments

—

Photo

taken towards:

Southwest

Photo File Name:

0778105010-04182005-06

---

Digital

Inspection

Photo

Sheet.

Date:

April 18, 2005

Site #:

0778105010

County:

Jackson

Time:

10:20

am

Photo taken by:

Bait Hagston

Comments

—

Photo taken towards:

Northwest

Photo File

Name:

0778105010-04182005-07

Date:

April

18, 2005

Time:

10:21

am

Photo taken by:

Bait Hagston

Comments

—

Photo taken towards:

Southwest

Photo File

Name:

0778105010-04182005-08

Site

Name:

Murphysboro / Gary Clover

---

Digital

Inspection

Photo

Sheet

Date:

April

18, 2005

Site #:

0778105010

County:

Jackson

Time:

10:21

am

Photo taken

by:

Bait HaQston

Comments

—

Photo taken towards:

Southwest

Photo File Name:

0778105010-04182005-09

Date:

April 18, 2005

Time:

10:21

am

Photo taken

by:

Bait Hagston

Comments

—

Photo taken towards:

Northwest

Photo File Name:

Site Name:

Murphysboro

I

Gary Clover

0778105010~04182005-10

---

Digital

Inspection

Photo

Sheet

Date:

April 18, 2005

Site #:

0778105010

County:

Jackson

Time:

10:22 am

Photo

taken by:

Bait Hagston

Comments

—

Photo taken towards:

Southwest

Photo File Name:

0778105010-04182005-11

Site Name:

Murphysboro

I

Gary Clover.

Date:

April

18, 2005

Time:

10:22 am

Photo taken by:

Bait Hagston

Comments

—

Photo

taken towards:

Southeast

Photo File Name:

0778105010-04182005-12