County of Perry.
Complainant,
BEFORE THE
ILLINOIS
William Campbell, Jr.,
Respondent.
RECEIVED
POLLUTION CONTROL
BOARI9LERK’S
OFFICE
AUG
232005
)
)
)
)
County AC
#:
PC-05-O1 I
STATE OF ILLINOIS
Pollution Control Board
-0’~
APPEARANCE
I
hereby file my appearance
in this proceeding, on
behalfof the County of Perry.
County
State’s Attorney
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARI$~LERK’S
OFFICE
AUG
232005
County ofPerry.
)
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
)
v.
)
County AC #:
PC-05-O1
1
)
William Campbell, Jr.,
)
—o
Respondent.
)
F
NOTICE OF FILING
TO:
William Campbell. Jr.
1471
North Oak Street
DuQuoin,
IL 62832
PLEASE
TAKE NOTICE
that
I have filed
with
the Office
of the
Clerk of the
Illinois
Pollution
Control
Board
the Complaint for Administrative Citation, a copy of which is
herewith
served
upon you.
9~’idStaxi’ton
“Perry County State’s Attorney
August
12,
2005
Perry County Courthouse
1
Public Square
Pinckneyville,
IL 62274
THIS
FILING IS SUBMITTED ON RECYCLED PAPER
RECE!VED
CLERK’S
OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
ADMINISTRATIVE CITATION
AUG
232005
STATE OF ILLINOIS
County of Perry,
)
Pollution
Control Board
)
Complainant,
)
)
v.
)
County
AC#:
PC-OS-Ol
I
William Campbell, Jr.,
)
At
Rcspondent.
)
ft
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the
Illinois
Environmental Protection Agency
by 415
ILCS
5/I
ci.
seq.
(1996), specifically 415
ILCS 5/31.1.
FACTS
1.
The
Respondent
is
the
present
occupant
and
in
control
and
possession
of a
facility
located
in the County of Perry, State of Illinois.
2.
The
facility
is
an
open
dump,
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit,
and
designated
with
the
Site
Code
#1450200001.
The
facility
is
known to
the Agency
as the William
Campbell, Jr.
Site.
3.
‘the
Respondent
has occupied.
controlled and/or operated
the
facility
at
all
relevant
times hereto.
4.
On
August
1,
2005,
Field Inspector,
Jon Gregory,
inspected
the facility.
A true
and
correct copy ofthe inspection
report, along with a signed affidavit, are attached and incorporated
herein by reference as Exhibit A.
VIOLATIONS
On the basis ofField Inspector Jon Gregory’s direct observation during the course of his
August
1,
2005
inspection
of the above named facility,
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:
(I) That respondent caused or allowed the
open
dumping of waste in
a
manner resulting
in litter, a violation ofSection 21(p)(l) ofthe Act, 415
ILCS
5/21
(p)(l) (2002).
CIVIL PENALTY
In accordance with
415
ILCS
5/42
(b)(4), the Respondent
is
subject to
a civil
penalty of
One
Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
violation
specified
above
in
paragraph
1.
for a total ofOne Thousand
Five Hundred Dollars
($1,500.00).
This is
total ofOne
Thousand
Five
Hundred
Dollars
($1,500.00)
for
this
Citation.
Additionally,
should
the
Respondent
elect
to
petition
the
Illinois
Pollution
Control
Board
under
the
review
process
described
below,
after
an
adjudicatory
hearing, the
Respondent
shall
be
assessed
the
hearing
costs
incurred
by the Pollution Control
Board.
The hearing cost would
be
in addition to
the
Qj~ç
Thousand Five
Hundred Dollars ($1,500.00) fine.
Pursuant to
Section
31.1(d)(l) of the Act,
415
ILCS
5/3l.I(d)(1)
(2002),
if Respondents
fail
to
petition or
elect
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,
your
check
should
be
made
payable
to
the
Perry
County’s
Treasurer
Office
and
mailed
to
the
attention
of Bill
Taylor,
Perry
County
Treasurer,
Perry
County
Government
Building,
P.O.
Box
158,
Pinckneyville,
Illinois.
62274.
Also,
please
complete
and
return
the enclosed
remittance
form,
along
with
your payment,
to
assure
proper
credit.
If any civil
penalty is not
paid within the prescribed time, the law allows for the
accumulation
and payment of interest on the remaining unpaid balance.
If any
civil penalty
is
not
paid when due, the Office ofthe State’s Attorney shall be requested to
initiate proceedings in
Circuit Court to
collect the penalty.
In addition to the civil penalty, hearing costs,
and interest, if
any, the Perry County State’s Attorney may seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE
CITATION
You have the right
to
contest this
Citation,
pursuant
to
415
ILCS
5/31.1.
If you
elect
to
contest
this
Citation,
you
must
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.
A copy ofthe Petition for Review shall be
filed with the
Perry
County
State’s
Attorney
office.
Section
31.1
of
the
Act
provides
that
any
Petition for Review shall be filed within thirty-five
(35)
days of the date ofservice-of
this
Administrative
Citation
or
the
Illinois
Pollution
Control
Board
shall
enter
a
default jud2ment against the Respondent.
Your original
Petition must be filed with the Clerk of the Board at:
The Honorable Dorothy Gunn. Clerk
Pollution Control
Board
100 West Randolph, Suite
11-500
Chicago, Illinois 60601
A copy must also be sent to:
Office of the State’s Attorney
David Stanton
Perry County Courthouse
I
Public Square
Pinckneyville,
IL 62274
DATED:
August
12, 2005
County
State’s Attorney
BEFORE
TIlE ILLINOIS POLLUTION CONTROL BOARD
AUG
232005
~gri~
~I~LINOI~
COUNTY OF
PERRY
)
rol Board
Complainant,
)
County AC#:
PC-OS-Ol I
Will:mCampbell.Jr.
)
Fc0~4l
Respondent.
AFFIDAVIT
Affiant. Jon
M. Gregory, being first duly sworn, voluntarily deposes and states as follows:
I.
Affiant is a field inspector employed by the Perry County Solid
Waste Management
Department and
has been so employed
at all times
pertinent hereto.
2.
On August 1,
2005. between 9:03 a.m.
and
9:08 a.m., Affiant conducted an
inspection of a
disposal site operated by
William Campbell, Jr., located
in Perry County,
Illinois.
and known as the William Campbell. Jr.
site by the Perry County Solid Waste Management
Department.
Said site has been assigned site code number
1450200001
by the Perry County
Solid Waste Management Department.
3.
Affiant inspected said
William Campbell, Jr. site
by an on-site inspection which
included walking and photographing the site.
4.
As a result of the material actions referred to
in paragraph
3
above, Affiant completed
the Inspection Report form attached hereto and
made a part hereof,
which, to the
best of
Afflant’s
knowledge and belief
is an accurate representation of Affiant’s observations and
factual conclusions with respect to said
William Campbell, Jr.
site.
this
/~
day of
0fl
Notary
Public
“OFFICIAL SEAL”
DEBRA HECK
~OTARY
PUBLIC, STATE
OF ILLINOIS
X~YCOMMISSION
EXPIRES
12109/07~
Subscribed and
Sworn to
before me
RECEIVED
REMITTANCE
FORM
CLERKS
OFFICE
AUG
232005
County of Perry,
STATE OF ILLINOIS
Complainant,
)
Pollution
Control
Board
)
v.
)
County AC #:
PC-OS-Oil
William Campbell. Jr.,
)
(0
Respondent.
)
N
FACILITY:
William
Campbell, Jr.
Site
COUNTY:
Perry
DATE OF
INSPECTION:
8/1/05
SITE CODE:
1450200001
CIVIL PENALTY:
$1,500.00
Date Remitted
____________________
SS/FEIN #
___________________
Signature
NOTE
Please include the information on the blank lines.
Mail this form with your check to:
Bill Taylor, Perry County Treasurer
Perry County Government Building
P.O. Box
158
Pinckneyville, IL
62274
Perry County Solid Waste Management Department
Narrative
Inspection Report
Site #:
1450200001
Date: August 1,2005
County:
Perry
Inspector: Jon
Gregory
Subject: William Campbell, Jr. Open Dump Site Inspection
General Remarks:
On Monday, August
1,
2005,
an open
dump
site
inspection
was conducted
at the
William
Campbell,
Jr.
residence.
The residence
is
located
at
1471
North
Oak
Street in
DuQuoin.
The inspection
was conducted
as a
follow up
to
a
March
28,
2005
inspection.
The
inspection took place between 9:03 a.m.
and
9:08 a.m. The weather was clear and
sunny with the
temperature in the 80’s.
Upon arrival
to the
site,
I knocked at the front door of the mobile
residence.
There was
no
answer.
Most ofthis site is easily viewed from the public street and
it is very
unsightly.
Just
north of the mobile
home
residence
is
a
pile of demolition
debris
from
a
house that
has
been
demolished (Photos 001
& 002).
The pile ofdebris measures approximately 60’
x 30’.
The entire
yard
was littered
with
various
items
and
was
very unsightly
(Photos
003
&
004).
I observed two open dumped tires (Photo
006) and an engine block dumped on the ground
and
unprotected
from
the
elements
(Photo
005).
I estimated
that
there
is
approximately
300
cubic yards of waste open dumped at this site.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump Inspection Checklist
County:
Perry
LPC#:
1450200001
Region:
7
-
Marion
Location/Site Name:
St. Johns / William Campbell,
Jr.
Date:
08/01/2005
Time:
From
9:03am
To
9:08am
Previous Inspection
Date:
03/28/2005
Inspector(s):
Jon
Gregory
Weather:
clear,
sunny,
temp.
in the 80’s
No.
of
Photos Taken:
#
6
Est. Amt. of Waste:
yds3
Samples Taken:
Yes #
No
fl
Interviewed:
Complaint #:
William Campbell,
Jr.
Responsible
Party
1471
North Oak
Street
Mailing Address(es)
and
Phone
DuQuoin,
IL 62832
Number(s):
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW AIR POLLUTION
IN
ILLINOIS
LII
2.
9(c)
CAUSE
OR ALLOW OPEN BURNING
LI
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
LII
4.
12(d)
CREATE AWATER POLLUTION
HAZARD
LI
5.
21(a)
CAUSE
OR ALLOW OPEN
DUMPING
Z
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a
Permit
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
fl
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE
IN A MANNER WHICH RESULTS
IN ANY
OF THE
FOLLOWING OCCURRENCES AT THE DUMP SITE:
(1)
Litter
(2)
Scavenging
LI
(3)
Open
Burning
fl
(4)
Deposition of Waste
in Standing
or
Flowing Waters
LII
(5)
Proliferation of Disease Vectors
LI
(6)
Standing
or Flowing
Liquid
Discharge from the Dump Site
LI
Revised 06/18/2001
•
(Open Dump
-
1)
LPC#
1450200001
Inspection
Date:
08/01/2005
(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
LI
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
LI
35
ILLINOIS ADMINISTRATIVE CODE
REQUIREMENTS
SUBTITLE C
10.
812.101
(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
LI
11.
722.111
HAZARDOUS WASTE DETERMINATION
LI
12.
808.121
SPECIAL WASTE DETERMINATION
LI
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT,
UNIFORM WASTE PROGRAM REGISTRATION
AND
PERMIT AND/OR MANIFEST
LI
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
Informational
Notes
f
Si~n~54~Ø’bf
Inspector(s)
1.
Illinois
Environmental Protection Act: 415
ILCS
5/4.
2.
Illinois
Pollution Control Board:
35
Ill.
Adm. Code, Subtitle
G.
3.
Statutory and regulatory references herein are provided for convenience only and
shouItno&bevvnstrrie~as-1egai
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 lllinoisj
Environmental
Protection Act shall be enforceableeither
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
ProtectionAct:
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)
Illinois Environmental
Protection
Agency
LPC
#
1450200001
— Perry
County
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names:
1450200001-08012005--—(Exp.
#J.jpg
St. Johns
/ Campbell, William
FOS
File
Date:
8/1/05
Time: 9:O3am-9:O8am
Direction: NW
Photo
by: Jon
Gregory
Exposure #: 001
Comments:
Date: 8/1/05
Time: 9:O3am-9:O8am
Direction:
NW
Photo
by: Jon Gregory
Exposure #:
002
Comments:
Page
I of3
,‘\
Illinois
Environmental
Protection Agency
LPC #
1450200001
— Perry County
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names:
1450200001-08012005-—Exp.
#J.jpg
St. Johns / Camphell,
William
FOS
File
Date: 8/1/05
Time: 9:O3am-9:O8am
Direction: W
Photo
by: Jon Gregory
Exposure #: 003
Comments:
Date: 8/1/05
Time:
9:O3am-9:OSam
Direction: W
Photo by: Jon Gregory
Exposure
#: 004
Comments:
Page
2
of
3
/74~
Illinois
Environmental Protection Agency
LPC
#
1450200001
— Perry County
Bureau of Land
Division of Land
Pollution Control
DIGITAL
PHOTOGRAPHS
St. Johns / Campbell, William
FOS
File
Date: 8/1/05
Time: 9:O3am-9:O8am
Direction:
W
Photo by: Jon Gregory
Exposure #: 005
Comments:
Date: 8/1/05
Time:
9:O3am-9:O8am
Direction:W
Photo
by: Jon
Gregory
Exposure #: 006
Comments:
c~r’
~
-c~
~
File
Names:
I450200001-08012005---Exp.
#J.jpg
Page
3
of
3
