REC~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JUN
27
2005
STATE OF ILLINOIS
Pollution Control Board
COUNTY OF
KANKAKEE,
)
Complainant,
)
A
~
)
Docket
No.:
/~
‘-
v.
)
)
SOUTH HOLLAND TRUST #10897 and
)
JOhN &
ELLA
HALL,
)
Respondent.
)
NOTICE OF FILING
TO:
South Holland Trust & Savings Bank, Trust #10897,
16178 S. Park Ave.,
South Holland, IL,
60473
John & Ella Hall, 2066 E.
217th
s~•,
Sauk Village, IL 6041 1-2165
YOU
ARE
HEREBY
NOTIFIED
that
on
June
22nd
2005
an
Administrative
Citation,
Appearance,
and
Inspection Checklist
was filed with
the Clerk of the
Illinois
Pollution
Control Board,
Dorothy Gunn, located at the James R.
Thompson
Center,
100
West Randolph Street, Suite 11-500, Chicago, IL 60601.
Edward D. Smith, State’s Attorney
Countyof~ank ~ee, L
By:
Assistant State’s Attorney
PROOF OF SERVICE
I hereby certify
that on
June 22~,2005
I sent
by certified mail,
Return Receipt
Requested, with
postage
fully prepaid and depositing
the same in
the
Mail,
a true
and
correct
copy of the
following
instrument(s) entitled
Administrative
Citation, Affidavit,
and
Inspection Checklist:
To:
South Holland Trust & Savings Bank
John & Ella Hall
Trust #10897
2066 E.
217th
Street
16178
S. Park Ave
Sauk Village, IL 60411-2165
South Holland, IL 60473
And the original and nine (9) true
and correct copies ofthe foregoing instruments on the
same date by Certified Mail, Return Receipt Requested, with postage fully prepaid:
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL
60601
Subscribed and Sworn to
before
me this 22~day ofJune, 2005.
~
“OFFICIAL
SEA
Kenneth
B.
Nelson
BOBBIE WHEELER
Assistant State’s Attorney
NOTARY PUBLIC
STATE OF
ILLIt~S
189
B. Court Street, Suite 502
Kankakee, IL 60901
ARDC #02031776
Tele:
(815)
939-8833
Fax: (815) 929-3969
REC~JVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDJUN
272005
STATE OF ILLINOIS
Pollution Control Board
COUNTY OF
KANKAKEE,
)
Complainant,
)
)
Docket No.:
____________
v.
)
)
SOUTH HOLLAND TRUST #10897 and
)
JOHN & ELLA HALL,
)
Respondent.
)
APPEARANCE
NOW COMBS
Edward D. Smith, State’s Attorney for Kankakee County,
Illinois
by Kenneth B.
Nelson, Assistant State’s Attorney and enters an appearance on behalfof
the County ofKankakee,
Please send all correspondence to:
Kenneth B. Nelson
Assistant State’s Attorney
189
B.
Court Street, Suite 502
Kankakee, IL 60901
ARDC # 02031776
Tele: (815) 939-8833
FAX:
(815)
929-3969
EDWARD D. SMITH, STATE’S ATTORNEY
the
Assis ant State’s Attorney
Dated:
June 22, 2005
RECE~VED
CLERK’S OFFICE
JUN27
2005
STATE OF
ILUNOIS
Pollution Control
Board
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
COUNTY OF
KANKAKEE
)
Complainant,
)
)
ACO~
v.
)
)
JOHN AND ELLA HALL AND
)
SOUTH HOLLAND TRUST #10897,
)
Respondents
)
ADMINISTRATIVE
CITATION
Violation:
Civil Penally:
415 ILCS 5/2l(p)(l)
$1,500.00
415 ILCS
512l(p)(3)
$1,500.00
Facts
For this Administrative Citation to John and Ella Hall and
South Holland
Trust No.
10897 the County of Kankakee (“County”) states as follows:
1.
Complainant, County,
is
a unit oflocal government to which the Illinois
Environmental Protection Agency has delegated authority to issue
administrative citations
pursuant to Section 4(r) of the Illinois
Environmental Protection Act (“Act”), 415 ILCS 5/4(r) (2003).
County
is thus
a
“delegated unit”
and may issue administrative citations under
35
III. Adm.
Code 108.200.
2.
Respondents John and Ella Hall and South Holland Trust #10897, are
the owners or beneficial owners (at the time of the May 02, 2005
inspection)
of real property located at PIN 05-11-22-400-033, 14805
E.
Rte 114, Momence, Illinois.
3.
On May
02 2005,
County inspector Donna Shehane
inspected
Respondent’s property.
A copy ofher inspection
report
is
attached as
Exhibit
1 and made
a part ofthis Administrative Citation.
4.
Based upon direct observations made by Ms. Shehane during the course
ofher inspection, the County has
determined that Respondent violated
the Act as follows:
2
a.
Respondent caused or allowed the open dumping ofwaste
in a
manner resulting in litter, in violation of Section 2l(p)(l) of the
Act, 415 ILCS 5/2l(p)(l)(2003).
b.
Respondent caused or allowed the open dumping of waste in a
manner resulting in open burning, in violation of Section
2l(p)(3) ofthe Act, 415 ILCS 5/2l(p)(3)(2003).
5.
Ms. Shehane’s affidavit, attesting to her material actions and
observations, is attached as Exhibit 2
and made a part of this
Administrative Citation.
6.
Based upon the foregoing facts, under Section 42(b)(4-5) of the Act,
415 ILCS
5/42(b)(4-5)(2003), Respondent is subject to a civil penalty of
One Thousand Five Hundred Dollars ($1,500.00) for each ofthe
two
violations identified above, for a total civil penalty of Three Thousand
Dollars ($3,000.00).
Notices and Instructions to Respondent
1.
You must pay the civil penalty set forth above unless you contest this
Administrative Citation.
The following paragraphs contain payment
instructions and more information about contesting this Administrative
Citation.
2.
To pay the civil penalty (and any other amounts due) send a check or
money order, payable to the County, to:
County ofKankakee
Planning Department, Solid Waste Division
189 E. Court Street, Suite 200
Kankakee, Illinois 60901
To ensure that you receive timely and proper credit for your payment,
complete a Remittance Form (see Exhibit 3,
attached) and include it with
your payment.
3
3.
You may contest this Administrative Citation
by filing a Petition for
Review, including a Notice of Filing, Certificate of Service, and
Appearance, with the Illinois Pollution Control Board (“Board”).
4.
Any Petition for Review must be filed within thirty-five (35) days of the
date of service ofthis Administrative Citation on
you.
The Board will
not review the Administrative Citation if the Petition for Review
is not
filed within this time.
5.
The Petition for Review must be filed with:
Clerk of the Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
A copy of the Petition for Review must be served on the County
At the following address:
Kankakee County State’s Attorney’s
Office
Civil Division
189
E. Court Street, Suite 502
Kankakee, Illinois 60901
6.
The contents of a Petition for Review and the procedures to be followed
are governed by the Board’s procedural rules.
Copies may be obtained
from the Clerk of the Board at the address above, by calling the Board at
(312) 814-3620, or from the Board’s web site at:
http://www.ipcb.state.il.us/rules/procedurallprocedural.htm
7.
If you do
not contest this Administrative Citation by filing a petition for
review with the Board within the allotted time, the Board will enter an
order finding that you committed the violations alleged above and
imposing the statutory
civil penalty set forth above.
See Section 31.1(d)
of the Act, 415 ILCS 5/31.1(d)(2003), and 35 Ill. Adm. Code 108.500(a).
8.
Ifyou contest this Administrative Citation by
filing a timely petition for
review with the Board, the Board will hold
a hearing.
The Board’s
procedural rules have more information on hearings; see 35 Iii. Adm.
Code Parts
101 and
108.
9.
Ifthe Board finds after the hearing that you committed a violation as
alleged above, you will be assessed the hearing costs incurred by CDOE
and the Board.
Hearing costs are assessed in addition to the statutory
civil
penalty for the violations.
Ifthe Board finds after the hearing that
you did not commit a violation as alleged above, or that the violation
resulted from uncontrollable circumstances, you will not be assessed
hearing costs and you will not have to pay a civil penalty.
10. If any civil penalty
and/or hearing costs are not paid within the time set
by the Board in its final order, interest on the amount due will be
assessed against you from the date payment is due and including the date
that payment is
received.
11. Ifany civil penalty and/or hearing costs are not paid within the time set
by the Board
in its final order, the Office of the Illinois Attorney General
and/or the County of Kankakee may initiate court proceedings against
you to collect the amount due, plus any interest accrued.
In that event
you may also be liable for court costs.
Date:
____________
c~O5
County ofKankakee
By)4~/ø
Its:
P/i9/~q
~p7~7e4~J~
~~vr
State ofIllinois
Environmental Protection Agency
Narrative Inspection Report Document
Date ofInspection:
5/02/05
County:
Kankakee
Site Code:
0918075002
Time:
10:45 am to
10:50 am
Site Name:
South Holland Trust #
10897
Inspector:
Donna Shehane
John & Ella Hall
Jim
Greenstreet
2066 E.
217th
Street
Sauk Village,
IL 60411-2165
South Holland Trust & Savings Bank
Trust#
10897
16178 South Park Avenue
South Holland, IL
General Remarks
We arrived on site at approximately
10:45 am to conduct an inspection ofthis property.
The weather at the time ofthis inspection was 43
degrees Fahrenheit with WNW winds at
21
mph and overcast skies.
Jim
Greenstreet, Kankakee County Code Enforcement
Officer, and sworn police officer, accompanied me on this inspection, as Mr. Greenstreet
is in training to become a certified Illinois EPA-delegated inspector.
Mr. Greenstreet had previously inspected the site on April 29, 2005, three days before we
returned to the site together, in his capacity as Kankakee County Code Enforcement
Officer.
The attached photographs dated April 29, 2005 were taken by Mr. Greenstreet
on April 29, 2005 and depict various burned waste materials including metal debris, a
bicycle wheel, a trailer with burned wheels, a microwave, bed springs, rubber, aluminum
cans, a burned television set, and other miscellaneous debris.
Photo
#
1 from
the May2, 2005 inspection, taken toward the east, depicts a waste pile
observed on the ground at the site.
Waste observed in the pile, which measured
approximately
15’
x 4’ x 4’(127 cubic feet or about
5
cubic yards) included a battery
charger, fence/gate, microwave, and metal debris,
as well as evidence ofopen burning of
the material (charred debris and ashes on the ground).
Photo
#
2
is a closer shot of the waste material observed in photo
#
1.
Photo
#
3
depicts
the battery charger on the ground, as well as the fence, microwave, and miscellaneous
charred debris.
These items are also visible in Mr. Greenstreet’s April 29, 2005 photo #
2, 4, and
6.
We left the site at
10:50 am.
The South Holland Trust #
10897/John
& Ella Hall site was
found to be out ofcompliance at the time ofthis inspection.
Apparent violations
observed:
1.
Section 9(a) of the Illinois Environmental Protection Act:
Cause,
Threaten, Or Allow Air Pollution in Illinois.
2.
Section 9(c) of the Illinois Environmental Protection Act:
Cause Or
Allow Open Burning.
3.
Section 21(a) of the Illinois Environmental Protection Act:
Cause or
Allow Open Dumping.
4.
Section 21(d)(1) of the Illinois Environmental Protection Act:
Conduct Any Waste-Storage, Waste-Treatment, Or Waste-Disposal
Operation:
(1) Without A Permit
5.
Section 21(d)(2) of the Illinois Environmental Protection Act:
Conduct Any Waste-Storage, Waste-Treatment, Or Waste-Disposal
Operation:
(2) In Violation of Any Regulations or Standards
Adopted by the Board
6.
Section
2 1(e) of the Illinois Environmental Protection Act:
Dispose,
Treat, Store, Or Abandon Any Waste, Or Transport Any Waste Into
The State At/To Sites Not Meeting Requirements OfAct and
Regulations
7.
Section 2l(p)(l) of the Illinois Environmental Protection Act:
Cause
Or Allow The Open Dumping OfAny Waste In A Manner Which
Results In Any OfThe Following Occurrences At The Dump Site:
(1) Litter
8.
Section Zl(p)(3) of the Illinois Environmental Protection Act:
Cause
Or Allow The Open Dumping OfAny Waste In A Manner Which
Results In Any OfThe Following Occurrences At The Dump Site:
(3) Open Burning
9.
Section 812.101(a) of the 35 Illinois Administrative Code
Requirements Subtitle G:
Failure To Submit An Application For A
Permit To Develop And Operate A Landfill
END
NARRATIVE
BY
DONNA SHEHANE
6 ou9f4~
/
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
~
/
Open Dump Inspection Checklist
County:
Kankakee
LPC#:
0918075002
Region:
2
-
Des
Plaines
Location/Site
Name:
South Holland Trust Trust# 10897
I
John & Ella
Hall
PIN
05-11-22-400-033
Date:
05/02/2005
Time:
From
10:45 am
To
10:50 am
Previous
Inspection Date:
Inspector(s):
Donna
Shehane; Jim Greenstreet
Weather:
43 F; WNW winds
@
21
mph; overcast
No.
of
Photos
Taken:
#
3
Est. Amt. of Waste:
10
yds3
Samples
Taken:
Yes #
No
~
Interviewed:
Complaint #:
John
& Ella
Hall
South Holland Trust & Savings Bank
Responsible Party
2066
E.
217th
Street
Trust # 10897
Sauk Village,
IL 60411-2165
16178 South Park Avenue
Number(s):
South Holland,
IL
SECTION
DESCRIPTION
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
L~
4.
12(d)
CREATE A WATER POLLUTION HAZARD
LI
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CON DUCT 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 ATITO SITES NOT MEETING REQUIREMENTS OF ACT
~J
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE IN A MANNER WHICH
RESUJ.,TS
IN ANY OF THE
FOLLOWING OCCURRENCES
AT THE DUMP SITE:
(1)
Litter
(2)
Scavenging
LI
(3)
Open Burning
(4)
Deposition of Waste
in Standing or Flowing Waters
LI
(5)
(6)
Proliferation of Disease Vectors
Standing or Flowing
Liquid Discharge from the Dump
Site
Li
LI
Revised 06/18/2001
(Open Dump
-
1)
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Li
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 0
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
Li
12.
808.121
SPECIAL WASTE DETERMINATION
Li
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
Li
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LI)
PCB;
(1)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
Li
15.
OTHER:
Li
Li
Li
Li
Li
Li
Informational Notes
Illinois
Environmental
Protection Act: 415 ILCS 5/4.
Illinois Pollution
Control Board:
35
III.
Adm. Code, Subtitle
G.
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 administrativecitation 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.
LPC#
Inspection
Date:
2.
3.
:~1~
~
Signature of Inspector(s)
Revised 06/18/2001
(Open Dump
-
2)
Date of Inspection:
5/02/05
Time:
10:45 am
Photo
#
1
By:
Donna Shehane
Location:
11405 ERoute 114
Momence, IL
Comments:
Burned waste
observed on the
ground
Date ofInspection:
5/02/05
Time:
10:48 am
Photo #2
By:
Donna Shehane
Location:
11405
E. Route
114
Momence, IL
Comments:
Waste pile on the
ground which has
undergone burning
Dateof Inspection:
5/02/05
Time:
10:50 am
Photo
#
3 By:
Donna Shehane
Location:
1140E. Route 114
Momence, IL
Comments: waste
pile
on sitewhich has
undergoneburning
State ofIllinois
Environmental Protection Agency
Site Sketch
Date ofInspection:
5/02/05
County:
Kankakee
Site Code:
0918075002
Inspector:
Donna Shehane
Site Name:
South Holland Trust #
10897
Time:
10:45 am to
10:50 am
John & Ella Hall
2066 E. 21
7th
Street
Sauk Village, IL 60411-2165
South Holland Trust & Savings
Bank
Trust# 10897
16178 South
Park
Avenue
South Holland, IL
North
ôS
e.
~
U
4
residence
#2
#1
#3
Route 114
Date:
4/29/05
Photo
#
1
By:
Jim Greenstreet
Time:
9:25 am
Location:
PIN 05-1 1-22-400-033
Momence Township
Hall property
Comments: waste pile with
evidence ofburning
Date:
4/29/05
Photo #2
By:
Jim Greenstreet
Time:
9:27 am
Location:
PIN 05-11-22-400-033
Momence Township
Hall property
Comments: burned waste
materials on the ground
including metal, rubber,
bicycle wheel, paper, fencing,
aluminum cans, box springs,
lumber, ashes and miscellaneous debris
Date:
4/29/05
Photo #3
By:
Jim Greenstreet
Time:
9:28 am
Location:
PIN
05-11-22-400-033
Momence Township
Hall property
Comments:
Burned waste materials on
the ground at the site including
metal, some type ofelectronic
circuitry, ashes and miscellaneous
debris
Date:
4/29/05
Photo #4
By:
Jim Greenstreet
Time:
9:30am
Location:
PIN 05-11-22-400-033
Momence Township
Hall property
Comments: dumped and burned
waste materials on site;
metal, microwave, bricks,
concrete, fence, aluminum,
ashes and miscellaneous debris
L~
~~*_~_
I
Date:
4/29/05
Photo
#
5
By:
Jim Greenstreet
Time:
9:32 am
Location:
PIN 05-11-22-400-033
Momence Township
Hall property
Comments:
Burned waste pile
taken from another viewpoint;
metal, shovel, desk, and
miscellaneous debris
Date:
4/29/05
Photo
#
6 By:
Jim Greenstreet
Time:
9:33am
Location:
PIN 05-11-22-400-033
Momence Township
Hallproperty
Comments:
Burned debris pile; black box
is labeled “Total Charge III”
Date:
4/29/05
Photo #
7 By:
Jim Greenstreet
Time:
9:34 am
Location:
PIN 05-11-22-400-033
Momence Township
Hall property
Comments:
Burned tires on trailer;
rusted metal debris
Date:
4/29/05
Photo
#
8 By:
Jim
Greenstreet
Time: 9:36am
Location:
PIN 05
-11-22-400-033
Momence Township
Hall property
Comments: burn pile containing
ashes, aluminum cans, metal
Date:
4/29/05
Photo #
9 By:
Jim Greenstreet
Time:
9:37
am
Location:
PIN 05-11-22-400-033
Momence Township
Hall property
Comments: location
of second burn pile
on site
