Cd

cost

llou~

7 NORTh

VERMILION StREET

DANVILLE, ilLINOIS ~1$32

(211) 414570

FAX

(211) 431-745s

December

18,

1096

CmufiSMail

Enclosed for filing with the Bond is the AdmInIstratIve Citation packageis~ed

to the abovocaptioned

Respondent.

lain totwnding an original

andSe concise copies ofthe MSnlstnative Citation with the

attached

field ln,jn4n’s Affidavit and

Inspection repost.

The Respondent cited Is the ownirelan mipcn.~tted

opendumpaite.

The Mminiidrative Citationwn &erv~idon the Respondent by certified mall.

Iwill twS

the green end

showing the

date of

servicea soon u

~tIs receIved from

the postal s~Mce.

The Respondent’s mailing

address

ia:Elvla

Ford.

669

Don Avenue, DsnvIfl~’t,

flInch

61832.

If the

Respondent pays the civil penalty wlt~ut

filing

a

Petition for Review, I will send notice immediately for

your records.

Thank you ø~r

;‘,ur assistance In this metIer.

Sincerely,

MICHAEL

C).

CLARY

State’s Attorney

P.ncI.

MICIIAEL D.

CLARY

STATE’S

ATtORNEY

Illinois Pollution Cctotsel duaM

State ofWiâoleCát.r

I

100 West RSolpb, Suits,

11-500

Chicago, thinols

0601’

Re:

Administrative Citation

Respondeith

AC Nuinbor

County Case

No:

Sits Code No:

Dear Ms.

Otnn:

mviiFoal

96~

N/A

---

‘H

0!’

VERMILION, ILLINOI&

)~.

)i

)AC~1~#~2

v.

)

CountyPileNo.

96-05

ELVISPORD

.

)

)

~ij

mu

irniniMittive Citation

irnm~dal

Protecti

t

A

Environmental

Protection Act

rAcn, 415

ILCS

5/4(e~L

Sf31.1,

and

delegated tO

Vermilion County

pursuant

to section 4(r) ofthe

Act,

415 ILCS

FACFS

1.

That

Respondent, Elvis

Pord,

was the

owner and occupier

ofa property

locateä

at

669

Don

Avenue, DaiMfie Township, within

the

County

of

Vennilion,

State ofIllinois,

known

as

‘tact number

DOR 8641)

(hereinafter referred

tc

as the

“subject propàtl’)

at

all times relevant

to

this Mministrative

Citation.

2.

That

the

subject

property

is

not

licensed

as~

nor

does

ft fiiffifl

the requirements

of

a

sanitsxy landfill.

3.

That

on

November

18,

1996, Douglas Toole oftheVermilion County Health

Department

inspected

the subject property.

A copy ofthe Inspection report

is

attached

hereto

and

mode

a

part

Complainant,

I,’

I.

-2-

---

H:

On

the basis of the

direct

observation

otbduglaa

Took,

the

County

ofVermihon

has

determined

that

on

November

18,

1996, Iteipondent

allowed

open

dumping on

the

subject property In violation ofsection

21(a)

ofthe

Act, 415

ILCS

5t21(a), in a manner

which

resulted

in

litter

at

the

site,

as

prohibited

by

section

21(pXi) of

the Act,

415

JLCS

5/21(pXfl.

Respondent

aho allov~

.~d

open burning

ofthe

litter an the subject property

in

violation of

section 21(a) of

the

Act,

415

ILCS $/21(a\ in a manner as prohibited by

section

21&X3) of

the Act,

415 ILCS 5/21(p)(3)

civu4

flNan

Pursuant

to

section 42(bX4)

ofthe Act,

415

ILCS

5/42(bX4),

Respondent herein

is

subject to a civil penalty for

each

ofthe

above

mentioned violations in the

sumof

Five

Hundred

Dollars

($500.00),

for

a

total

civil

penalty

of

One Thousand Dollars ($1,000.00).

Additionally,

should Respondent elect to

petition

the

Illinois Pollution

Control

Board

under the review process

described

herein

below,

and

ifthere is

a finding of the violation

alleged

herein

after

an adjudicatory

hearing, Respondent

ohall

be

assessed

the

associated

hearing

costs incurred by

the

Illinois

Pollution Control

Board,

in

addition to

the One

Thousand

Dollar ($1,000.00)

statutory

penalty

for

the

violation.

PROCEDURE

FOR

CONTESTING

THIS ADMINISTRATIVE CITATION

You

have the

right

to

contest this Administratk’e

Citation under

section

31.1(d) of

the

Act, 415

ILCS

5/31.1(d).

If

you

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 St.,

Suite

11-500,

Chicago,

Illinois

60601.

A

copy of the Petition for

Review

should be

filed

with

the Vermilion

County

State’s

Attorneys

Office~

7

N.

Vermilion

St., Danville, Illinois 61832.

The

Petition for Review

jnug be

filed

with

the

Illinois Pollution Control Board within thirty-five (35)

days of the

date of service of this

Administrative Citation,

or a default judgment

will be

issued.

---

3.

If

you

acknowledge

the violation cited

herein, thecivil penalty specifled

above

shall be

due

and

payable no later than

January

23,

1997.

If you do

not

petition

the

Illinois

Pollution Control

Board

for

review

of

this

MministrativC Citation withinthirty-

five

(35)

days ofservice

hereof,

or

if

you

elect

to contest

this

Administrative Citation,

any

judgment rendered against

you shall

specit~i

the

due date

ofthe

statutoiy

civil

penalty and

—

costs assessed

against you.

I.

When

payment

is

made,

your check

should be made payable to the County of

Vetmilion,

Illinois,

and

mailed

to

the Vermilion County Health

Department, 200

South

College

Street, Danville, Illinois

61832.

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

of

the

Illinois Pollution Control

Board, the State’s Attorney’s

Office

will

seek

to recover Ia costs of

litigation.

Michael

I).

Clary

Office of the

State’s

Attorney

7

N.

Vermilion

St.

Danville,

IL

61832

(217) 431-2570

DATED:

‘Ms/u

Prepared

by:

z2!~LflC&

Michael

D.

Clary

State’s Attorney

for Vermilion County

---

.:~Epo~

THE iLLINOIS

rduthith

é&ñ

di.

~oAiü

iN THE MATTER

OF

AC No.

__________

ELVIS FORD

)

County File No.

96-05

Respondent.

)

CERTIFICATE

OF

SERVICE

BY

CERJJFWD MAIL

1,

the undersigned, certifij that

I

have served the attttthed AdministratkeCitation

(County

File No.

96-05)by Certified Mail upon

the

following person:

Elvis Ford

.

669 Don Avenue

Danville, Iflino~s

61832

by

enclosinga copy

of

said Administrative Citation in a sealed envelope addressed as

shown above, with postage affixed

and

fblly pie-paid, and depositing

the

same in

the U.S.

Mail

at

Dinville,

Illinois before 5:00

p.m. on

December

18,

1996.

Michael D.

Clezy

Prepared by:

Michael D.

Clary

Offi~

ofthe

Slates Attorney

7

North Vermilion

Street

flanvillo,

IllinoIs

61832

(217)

431-2570

---

B~ORB

ThE flSLNOIS PÔLLUflON COt~OL

BOARD

AFFIDAVIT

IN THE

MATTER

OF

AC No.

-_______

ELVIS FORD

County File No.

96-OS

Respondent.

The

Affiant, Douglas Toole,

being first duly sworn,

voluntarily deposes

an states

asfbllows:

I

AThant is a field inspector employed by the Vetmil’on

County

Health

Department and has been

so

employed

at all timel pertinSt

hereto.

2

On November

18,

1996, between 1020 am. and 1025am,

Affiant conducted

an

inspection

ofa

property located

at669

Don Avenue,

Danville Township,

within

the

County of

Vermilion,

State ofIllinois,

known as tract

mnnber DOR 8641)

(hereinafter

rekrred

to as the “Subject

Property”).

3.

Affiant

inspected

the

Subject Property by an on-site inspection which included

walking

on the

site.

4.

Prior to

said

inspection,

Aftk’nthad reviewed

flhinoisEnvironmental

Protection

Agency

files

and

determined

that Elvis Ford did not hold a

valid

permit to dispose of

waste

on the subject

Property.

5.

As a

result

ofthe activities

refrrred

to the paragraphs

3

and 4 above.

Afflant

completed

the Inspection

Report Form attached

hereto and made a

part

hereof;

which,

to

the best ofAiliant’s knowledge

and

belief: is an accuraterepresentation ofAffiant’s

observations

and

fhctual

conclusions with

respect

to

the

Subject Property.

FURTHER

Afflant

sayeth

~

Douglak’Toole

SIGNED

and

SWORN to before me this

J~4

day ~fDecember,

1996,

by Douglas

Toole.

-s

NOT~41WN

B

-____

OFFlLi~-~t.

~—i.

SUE WQC~

P4OTARYPiIBj

fT.

LUNOIS

---

tHis

FILING

IS

SUBMrFIEDON RECYCLED PAPER

REM1T~ANCE

FORM

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

INTBEMATLtKOP

)

ACNo.

_______

ELVIS FORD

)

County File No.

96-05

Respondent

)

Facility/Property.

in Danville

Township;

County:

Vermilion

Date ofIn3pection:

November

18,

1996

Site Code

No.:

N/A

CIVIL PENALTY:

S

1,000.00

DATE

REMI’fl’ED:

_______________

SSN/FETN 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

of

Vermilion,

Illinois.

Be sure your check is

enclosed with this Remittance Porn’ and

mail

to:

Venr:qion County

Health

Department, 200

S. College, Danville, Illinois,

61832.

---

Cowty

__________

Loa~oiVS*e

Name:__

Da1s

No’J6r8d~

IZ,IIfl

No. of

Photos

Tskett

#21

k*atet_

Send bspcc6on

Repofl

to:

TT~fl~ç:

‘~~?V”~

~g

..

-

ENVIRONMENTAL

PROTECTION AGENCY

Open Dump Inspection

Checklist

-

LPct

1S3W95003

R~9iOCC

_________________

FofiO

Thnc

From

Io:~O

To

~A.h.

prsotnkispecConDate:

_________

_____________

Weathec

ctoubl,

OanP;

~ô°F

Est Mit,

of

Waste:

yds’

SasnpksTskczt

Yes

S

_______

Conçbbdt.___

____________

—

~9

~j~1JV

OotJ

RvtNot

ttLt,

‘I.

C~53~

SECI1ON

.

..

..

~àdmhiou

j

VIOL

S___

~vaSirdt~T~

tr~!

1.

9(a)

CAUSE, ThREATEN

OR AlLOWfiR POLLUTiON IN

IWNOIS

—

CAUSE OR

ALLOW OPEN

BURNING

CAUSE,

ThREATEN

OR ALLOWWATER

POlLUTiON

IN IWNOIS

2.

1(c)

3.

12(a)

—____

4,

11(d)

CREATE

A WATER

POLLUTiON HAZARD

5.

21(a)

—

CAUSE

OR ALLOW OPEN

DUMPING

X

—

21(d)

CONDUCT ANY

WASTE-STORAGE, WASTE-TREATMENT,

OR

WASTE-

DISPOSAL

OPERATION:

6.

(I)

Wlthouta

Permit

X

2L________

fri

\io1a~on

,(

My

RegtAatlons

o

Standards Adopted

by

the

Board

—-

DISPOSE,

TREAT, STORE, OR ABANDONANY

WASTE,

OR TRANSPORT ANY

WASTE

INTO

ThE STATE AT/TO SITES NOT MEETING

REQUIREMENTS

OF

ACT

AND

REGUlATiONS

X

7.

21(e)

a.

21(p)

CAUSE OR

ALLOW

THE OPL~i4DUMPING OF ANY

WASTE IN A MANNERWHICH REStLTS

IN ANY OF THE

FOLLOWING OCCURRENCES AT ThE DUMP SITE;

(1)

Litter

(2)

Scavenging

(3)

Open

Btn,Eng

(4)

Depusi~oc~

of Waste I,

Standiig or Flovà’,g

Waters

(5)

Pro~ferationo( Ditease

Vectort

(6)

tthn*lQ

o~

Flos*ig

Liquid D~sthargefrom the Dump

Site

4’—

ILLINOIS

Onit.t~/foAD

—a

(~.

1)

---

•

IPCt

j$38O qsaoD

Inspedon

Datet.,tI,s/fg~.

5.

55(a)

NO

PERSON

SHALL

a

(1)

Caus,

or

flow

Open Durnjtgot My Used

or

Waste

Tke

‘$

(2)

i~i

Cause

or flow

Open Burrtg of My

Used

or

Waste Tire

~

.

10.

507201

&

507.202

CAUSING

OR

ALLOWING

ThE

DEVELOPMENT

AND/OR

OPERATiON OF A

SOLID WASTE MANAGEMENT

SrrE WT~HOUT

A PERMIT ISSUED

BY THE

AGENCY

)(

11.

722,111

HAZARDOUS WASTE

DETERWINATION

12.

508.121

SPECLAL WASTE

DETERMINATION

ACCEPTANCE OF

SPECIAL WASTE

FROM A WASTE

HAULER

WITHOUT A

WASTE

I4AUUHG

PERMIT

AND/OR

MANIFEST

aei~~~i~i

13.

—

509.302(a)

Si

14.

APPARENT VIOLATION

OF:

C

)

Pee;

(

)

CIRCUIT

COURT

CASE NUMBER:

ORDER

ENTERED_ON:

15.

OTHER:

—~

Sl9natLxe

of Insçiector(&)

Ia?2Lm~!&SJJQIU

I.

Pwnoisl Environmental

Protection

Act:

415 tICS

Sit

2.

Ihiois

Poltutlori Contol

Board: 35

II. Mm. Cnde,

Subtitle 0.

3.

Statutory

and

regulatory

references

herehi

are

prov$ded

for

convenience

only

and

should

not

be

construed

as

Ieç~a1

conckSona

of the

Agency or

as

limiting

the Agency~s

staMory

or

regulatorypowers

4.

The rwos4slons

of

subsection

(p)

of

Section

21

of the

fllMnoisj

Ein4ronmental

Pro4ectlon

Act

shalt

be

enforceable either

by

admfrtb’affve citation under

SectIon

31,1

of the

Act

or

by

complaint under

Section

31

o(the

Act.

5.

Tt~i

hepedlon win

cxxxhicted

hi

accordance with

Sections 4(c) and 4(d)

of the (IRinoMI

Environmental Protection Act

41

ILCS

5/4(c)

and

(1).

6

Items merked wtth

or,

‘NE’ were

not

cvaluated at

the

Dine of

liii,

Inspection.

7.

Stalotory effective

date:

through 1/10/95.

B.

Regulatory effective

date:

through

7(21/94.

——

(OpenDump2)

---

,4tt0~’co

VERMILION

Cou~~~ry

HEALTH

DEPARTMENT

S1EPHEN

tAKER. M.S.

I-IEALTh

Ann

EDUCATION

BUtWING

r’usuc

tIr.ALm ADM,NWTRAW.

200

Soun4 Coon,

Son

A

DnMu2.

IL 01832

#4(tINO~S

m.on/1;

LIt

#1838045003

Danville(Pord

P05

11/18/96

OPEN

DUMP

INSPECTION

NARRATIVE

This

unpermitted

open

dump

was

reinspected

on November

18,

1996.

by Douglas

bole

of

the

Vermilion

County

Health

Department.

The

weather

was cloudy,

damp

and

about

40

degrees

Fahrenheit.

Eight

photos

welt

taken

of the

site.

The site

is

located

in Vermilion

County, southea~of

Danville, Illinois.

Specifically, the

site

is

located

at

the

east

end of

Don

Avenue

in

rural

Danville,

INSPECTORS

PINDINGS

I

arrived

on

the

site

at

about

10:20

am.

on

November

lB.

1996.

No one

else was

çiresent

during

my

reinspection.

In

general, there

appeared

to

be

more

refuse

on

the

site.

than

thre

was

on

the

September

25,

1996

reinspecrion.

There

were

more

wooden

power

poles

on

the

southwe’,i

part

of the

site

(photos

I,

2).

Next

to

the

power poles

was a

small

waste

pile

containing

tires, boards,

roofing

shingles,

insulation,

an

appliance

and

other

refuse

(photo

3).

Next

to the

northern

mobile

home

were two small

piles containing

tires, scrap metal,

boards

and

other

refuse

(photo 4).

The

main

waste

pile

still

contained

mattress springs,

a

toilet

seat, boards,

scrap rtietal

and

other

refuse

-‘

some

of

which

appeared

to

be

partially

burned

(photos

5-8).

it

appeared

that

fresh,

unburned

refuse

such

as

carpeting,

boards

and

scrap metal

had

been

recently

added

to

the

west

side

of

the

main

waste

pile

(photo

5).

I

left

the

5th’

at

about

10:25

n.m.

On

the

Inspection

Report

Checklist

for

ilik

reinspection,

I

estimated

that

there

were

6.0

cubic

yards

of

waste

on

the

site.

No

measurements

were

performed

to arrive

at

that

estimation,

only

my

observations

at

the

tune,

The

actual

amount

of waste

on

the

site

may

vaty

signiflcatuly

from

that

estimation,

it.

Rgwi &nnvmt

£Mrww&

---

LPC

#

1838045003

11/18)96

Page

2

SUMMARY

OP

APPARENT VIOLATIONS

ILLINOIS

ENVIRONMENTAL

PROTECTION

ACT

(415

ILCS

5/I

et

seq.)

Section

21(a) of

the

Act:

No

person shalL..cause

or

aflow

the

open

dumping of

any

wc.ste.

Open

dumping

was

observed

on

the

site.

SectIon

21

(d)(l) of

the Mi:

No

person

shall...conduct

any

waste

storage,

waste-

treatment,

or waste-disposal

operation

without...a

permit granted

by

the

Agency.

No

such

permit

was

issued.

Section

21

(d)(2) of

the

Act:

No

person

shall...conduct

any

waste-storage.

waste-

treatment,

or

waste

disposal

opention...in violation

of

any

regulations

or

standards

adopted

by the

Board

under

the

Act.

Violations

of

the

Illinois

Pollution

Control

Board

Regulations

were

observed

at

the

site.

Section

21 (p~l)of

the

Act

person

shalL.cause

or

allow

the

open

dumping of

any waste

in

a

manner

which

results

in

itler.

Litter

was observed

on

the

site.

Section

21

(p)(3) of the

Act:

No

person

shalL.cause or

allow

the

open

dumping

of

any

waste

in

a

manner which

results

ln...open

burning.

Evidence

of open

burning

was

observed

on

the

site.

Section

55

(a)(l)

of

the Act:

No

person

shall.,.cause

or

allow

the

open

dumping of

any

used

or

waste

tire.

Waste

tires

were

observed

on

the site.

ILLINOIS

POLLUTION CONTROL

BOARD;

35

ILLINOIS

ADMINISTRATIVE CODE.

SUBTITLE

G

(REGULATIONS)

Section

807.201

(a)

of

the

Regulations:...No

person

¶;hall

cause

or

allow

the

development

of

any

new

solid

waste

management site...without

a

devclopment

permit

issued

by

the

Agency.

No

such

nermit

was

issued.

Section

807

202

(a)

of

the

Regulations

No

person

shall

cause

or

allow

the

use

or

operation of

any

solid

waste

management

site

for

whk’.h

a

development permit

is

required

wider

Section

807.2W

without

an

operating

pemlit

issued

by

the

Agency.

No

such

permit

was

issued.

---

~~1

STATE

or

ILLINOIS

ENYIROINENTAL

PROTECTION

AGENCY

SITE

SKETCH

Date

of

Inspection:

NOV~n8ER

/?,

;??~

Site

Code:

I

8

‘~

8

~

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