REc~vED
CLERKS OF~’r~
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
JUL
052005
ADMINISTRATIVE
CITATION
STATE
OF
ILL~JOIS
POII~tton
Control Board
COUNTY OF VERMILION, ILLINOIS,
)
AI~f
Complainant,
)
AC No.
UI’
)
v.
)
County File No.
05-01
)
PHIL ROUSE
)
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
Vermilion County pursuant to
section 4(r) ofthe Act, 415 JLCS
5/4(r).
FACTS
1.
Respondent Phil Rouse is, and was at all times relevant to this Administrative
Citation, the owner ofproperty located at
1831 Perrysville Road,
Lot 64,
Danville,
County ofVermilion,
State ofIllinois.
2.
Said property is operated as an unlicensed open dump, and designated with
Illinois Environmental Protection Agency Site Code No.
1830205283.
3.
On May 10, 2005, 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 hereof by reference.
VIOLATION
On the basis ofthe direct observation of Lee Ann Chezem, the County of
Vermilion has determined that on May 10, 2005, Respondent was 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)
ofthe Act, in
a manner which resulted in the
following conditions:
A.
Open dumping resulting in
litter was observed at the site, in violation of
Section 21(p)(l) of the Act, 415 ILCS
S/2l(p)(l), which provides no
person shall.
.
.
cause or allow the open dumping of any waste in
a manner
which results in
.
.
.
litter.
B.
Open dumping resulting in open burning was observed at the site, in
violation of Section 2l(p)(3) of the Act, 415 ILCS
5/2l(p)(3), which
provides no person shall.. .cause or allow the open dumping ofany waste
in
a manner which results in
.
.
.
open burning.
CIVIL PENALTY
Pursuant to
section 42(b)(4-5) of the Act, 415
ILCS
5/42(b)(4-5),
Respondent
herein is subject to
a civil
penalty ofOne Thousand Five Hundred Dollars ($1500.00) for
each ofthe above-mentioned violations.
Additionally, should Respondent elect to
petition the Illinois Pollution Control Board under the review process described herein,
and if there is a finding of the violation alleged herein after an adjudicatory hearing,
Respondent 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 for each 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 for Review with the Clerk ofthe Illinois
Pollution Control Board,
at
the State ofIllinois
Center,
100 West Randolph Street, Suite 11-500, Chicago, Illinois
60601.
Such Petition for Review must be filed within thirty-five
(35)
days of the date of
service ofthis Administrative Citation, or a
default judgment will be issued by the Illinois
Pollution Control Board.
A copy of the Petition forReview should be filed with the
Vermilion County State’s Attorney’s
Office, 7 North Vermilion Street, Danville, Illinois
61832.
Ifyou acknowledge the violations
cited herein, the
civil penalty specified above
shall be due and payable no later than August
1, 2005.
Ifyou do not petition the Illinois
Pollution Control Board for review ofthis
Administrative Citation within thirty-five
(35)
days of service hereof and have not paid the civil penalty by the due date stated above, or
if you elect to contest this Administrative Citation, anyjudgment rendered shall specify
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 of acknowledgment, 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 of litigation.
Dated:
________
State’s Attorney for Vermilion County
By:____________
Charles D. Mockbee IV
Assistant State’s Attorney
Prepared by:
Charles
D. Mockbee
P1
Office ofthe State’s Attorney
7 N. Vermilion St.
Danville,
IL 61832
217-554-7750
Frank R.
Young
RECE~VEO
CLEBK’S
OFl:~CE
JUL05
2005
REMITTANCE FORM
INTH~)PATTEROF
)
)
ACNo.____
)
County File No. 05-0 1
PHIL ROUSE,
)
Respondent.
)
Facility/Property:
1831
Perrysville Road,
Lot 64, Danville,
Illinois
County:
Vermilion
Date of Inspection:
May 10, 2005
Site Code No.:
1830205283
Civil Penalty:
$3000.00
Date Remitted:
__________________
SSN/FEIN No.:
____________
Signature:
_________________
NOTE
Please enter the date ofyour remittance, your Social Security Number (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
Health Department, 200 S. College Street, Danville, Illinois 61832.
RECE~V~D
CLERK’S OFFICE
BEFORE THEILLINOIS POLLUTION CONTROL
BOARDJUL
052005
AFFIDAVIT
P~~
~
IN THE MATTER OF
)
)
ACNo.~(g0(
PHIL ROUSE,
)
County File No.
05-01
Respondent.
)
The Affiant, Lee Ann Chezem, being first duly sworn, voluntarily deposes 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 May 10, 2005, between 12:30p.m.
and
1:00
p.m., Affiant conducted an
inspection ofproperty located at
1831 Perrysville Road,
Lot 64, Danville,
within the County ofVermilion,
State ofIllinois, owned by Phil Rouse.
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 of Affiant’s observations
and factual conclusions with respect to the property located at
1831
Perrysville Road, Lot 64, Danville, Illinois, on
May 10, 2005.
i~ç)~~pj
~
~ee~Chezem
SIGNED and SWORN to before me this ~day
ofJune, 2005, by Lee Ann
Chezem.
NOTARY PUBLIC
MI
cc~.
~
.
RECE~VEO
CLERK’S OFFICE
JUL
052005
BEFORE THE ILLINOIS POLLU~+~L~~OARD
potIUt~OflContrOl
o
IN THE
MATTER OF
)
)
ACNo.&9’~
)
CountyFileNo.05-01
PHIL ROUSE,
)
Respondent.
)
AFFIDAVIT OF
SERVICE
State
ofIllinois
)
)
ss
County ofVermilion
)
I, the undersigned, on oath state that I have served the attached Administrative
Citation
on the Respondent, Phil Rouse, by leaving a copy ofthe same with (name):
?~d
/&s~
,
at (address):
//2(
~1~kc
/Z~~
/?/
at (time):
________
on (date):
___________,
200C
~
Investigator
Vermilion County State’s Attorney Office
SUBSCRIBED AND SWORN TO BEFORE ME this
day of
,
2005.
NOTARY PUBLIC
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open
Dump Inspection Checklist
County:
Vermilion
LPC#:
1830205283
Region:
4
-
Champaign
Location/Site
Name:
Danville/Rouse
Date:
0511
0/2005
Time:
From
12:30pm
To
1:00pm
Previous
Inspection
Date:
Inspector(s):
LeeAnn
Chezem
Weather:
Sunny, windy 70 degrees
No. of Photos Taken:
#
4
Est. Amt. of Waste:
15
yds3
Samples
Taken:
Yes #
No
~
Interviewed:
Scott Weidig
Complaint #:
Phil Rouse
Responsible Party
1121
Lake
Ridge
Mailing Address(es)
and
Phone
Danville,
Illinois
61832
Number(s):
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
LI
4.
12(d)
CREATE AWATER 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)
Withouta
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
1N
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)
Proliferation of
Disease Vectors
LI
(6)
Standing
or
Flowing
Liquid Discharge
from the
Dump
Site
LI
Revised 06/18/2001
(Open Dump
-
1)
.1
LPC #
Inspection Date:
(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 ofAny Used or Waste Tire
LI
(2)
Cause or Allow Open
Burning ofAny 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.
808.121
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:
Informational
Notes
7~
(iMI~(~e/1~
I
Signature~f
Inspector(s)
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 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)
‘Z~c
~
VEPJV1JLION
COUNTY
HEALTH
DEPARTMENT
~
*j)
STEPHEN LAKER,
M.s.
AL
AND
EDUCATION BUILDING
~
/
PUBLIC
HEALTH ADMINISTRATOR
200
SOUTH
COLLEGE,
SUITE A
DANVILLE,
IL
61832
PHONE/TDD
217
431-2662
PUBLIC
HEALTH IS
PRICELESS
FAx
217
431-7483
LPC#l 830205283
Danville/Rouse
FOS
05/10/2005
OPEN DUMP INSPECTION NARRATIVE
This non-permitted open dumpsite was inspected on May 10, 2005
by LeeAnn Chezem
ofthe Vermilion County Health Department.
The inspection was conducted after a report
was received by the Lynch Fire Department ofillegal burning occurring on private
property, located at
1831 Perrysville Road, Danville, Illinois.
The area in which the illegal burning occurred is inside a licensed trailer park.
The trailer
park is
located in Vermilion County and is licensed under the name Glendale
Mobile
Home Park.
The property is owned by Phil Rouse.
Mr. Rouse resides at
1121
Lake
Ridge in Danvile, Illinois.
The weather at the time ofthe inspection was sunny, windy
and
approximately
70 degrees.
INSPECTOR FINDINGS
At approximately
12:20pm
on May 10, 2005, a call was received from the Vermilion
County Sheriff’s Department dispatcher regarding an illegal burn that was occurring at
Glendale Mobile Home Park.
Lynch Fire Department had responded to the fire and
requested that our agency meet them on the property.
This inspector arrived at
1831 Perrysville Road, Lot #64, at approximately
12:30pm.
The fire was behind the residence near the woods and had been extinguished prior to my
arrival.
Fire
Chief, Scott Weidig
indicated his department had responded to the trailer
park on numerous
occasions to
extinguish unattended illegal burning,
He stated the
owner of the trailerpark had been notified
on each occasion to stop the burning of so lid
waste, however incidents have continued to occur.
A large
area of burned solid waste and
landscape
waste behind the residence
located at
Lot
#64,
was observed
(photos
1,
2
and
4).
A portion ofthe waste had been pulled from
the
burning
debris shortly after the
fire department arrived.
These items were stacked
near a tree (photo
#3).
Av
EQUAL
Orn-’oRruNrn~
EMPLO
YLR
The maintenance person for the trailer park (name unknown) stated to both the Fire Chief
and
myselfthat he had set the waste on fire
and
then left the area.
He stated Mr.
Rouse
was aware the
fire
had been set
and that Lynch Fire Department had been called to
extinguish it.
Mr. Rouse did not arrive at the trailer park during the
inspection to discuss
the incident.
No measurements were taken at the time of this inspection.
The estimated solid waste
is
approximately 15
cubic yards.
This inspector left the property at approximately 1:00pm.
LPC#1 830205283
Danville/Rouse
FOS
05/10/2005
SUMMARY OF
APPARENT VIOLATIONS
ILLINOIS ENVIRONMENTAL PROTECTION ACT (415 ILCS
5/9
and
415
ILCS
5/21)
Section
9 (c) ofthe Act:
No person shall...cause or allow the open burning ofrefuse.
Open burning was observed on the site.
Section 21(a) ofthe Act:
No person shall..,cause or allow the open dumping ofany
waste.
Open dumping was observed on the 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 permit to conduct a waste storage, waste-treatment, or waste-disposal operation
for the site was issued.
Section 21(d) (2) ofthe Act:
No person shall...conduct any waste-storage, waste-
treatment, or waste disposal operation..
.
in violation ofany 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
waste.
.
.except at a site or facility which meets the requirements ofthis Act and of
regulations and stand~irdsthereunder.
The storage and disposal ofwaste was occurring a
site which did not meet the requirements ofthe Illinois Environmental Protection Act and
the Illinois Pollution ControlBoard Regulations.
Section 21(p) (1) ofthe Act:
No person shall.., cause or allow the open dumping ofany
waste in a manner which results in any ofthe following occurrences at the
dump site:
(1) litter
Section
21
(p) (3) ofthe Act:
No person shall.., cause or allowthe open dumping ofany
waste which results in.
.
.
open burning.
Open dumping resulted in open burning at the
site.
LPC#1 830205283
Danville/Rouse
FOS
05/10/2005
ILLINOIS POLLUTION CONTROL BOARD; 35 ILLINOIS ADMiNISTRATIVE
CODE, SUBTITLE G
(REGULATIONS)
Section 812.101 ofthe Regulations:.. .All persons, except those specifically exempted by
Section 21(d) ofthe Environmental Protection Act (Act) 415
ILCS 5/21
(d),
shall
submit to the Agency an 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) of
the act, except as other wise provided in 35 Ill. Adm.
Code 817.
No such application for
a permit to
develop and operate a landfill was submitted.
L
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-,
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~oPTLLrNors
ElciIRCNMEN1~L-PROTECTIou AGENCY
Date. of
Inspection:
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Site
Code
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INSPECTiON PHOTOS
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ROLL#:
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DATE:
TIME:
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PHOTOGRAPH TAKEN
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FOS
