BEFORE TRE ILLINOIS
POLLUTION
CONTROL BOARD
COUNTY OF JACKSON,
)
___
)
~~2o
Complainant,
)
)
‘
‘onc0~
No/s
V.
)
ACO6-
Ii
)
Site Code: O77O4O~At
c
ROCKY LEE MORSE,
)
Respondent.
)
NOTICE
OF
FILING
TO:
Rocky Lee
Morse, 6 Mobile Ranch Road, Lot 35, Murphysboro,
Illinois 62966 and
P.O.
Box 339, Grand Tower,
Illinois 62942
PLEASE TAKENOTICE that I havefiledwith theOffice oftheClerkofthe IllinoisPollution
Control Board an ADMINISTRATIVE CITATION
a copy of which is herewith served upon you.
Daniel Brenner
Assistant State’s Attorney
October
11, 2005
Daniel
Brenner
Assistant
State’s Attorney
Jackson County Courthouse
Murphysboro,
IL 62966
618-687-7200
THIS FILING IS
SUBMITI’ED ON RECYCLED PAPER
BEFORE THE
ILLINOIS
POLLUTION CONTROL
BOARD
RECEIVED
OFFICE
OCT
2
COUNTY OF JACKSON,
)
OF
I
LLINOIS
Complainant,
)
~~~~UtIOfl
Contro, 8°ard
)
v.
)
ACO6-
)
ROCKY LEE MORSE,
)
)
Respondent.
)
APPEARANCE
thereby
tile
my appearance in
this
proceeding, on behalf of the County of Jackson.
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthousc,
3rd
Floor
Murphysboro,
IL
62966
618-687-7200
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
ADMINISTRATIVE CITATION
P0/I
COUNTY OF JACKSON,
)
Complainant,
)
v.
)
ACO6-
Site Code:
0770405015
ROCKY
LEE MORSE,
)
Respondent.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the
Illinois
Environmental
Protection Agency by 415
ILCS
5/1
ci. seq.
(2002), specifically 415
ILCS
5/31.1.
FACTS
I.
The Respondent
is
the present owner and
occupant
and
in control
and possession of a
facility located in the County of Jackson, State of Illinois.
2. Thefacilityis an open dump, operating without an Illinois Environmental Protection Agency
Operating Permit,
and
designated with the
Site Code #0770405015.
The facility is known to the
Agency as the Grand Tower/Rocky Lee Morse site.
3. The Respondenthas owned, occupied, controlled and/oroperated thefacility atallxeievant
times hereto.
4.
On September
8, 2005,
Don Terry, Field Inspector, Jackson County Health Department,
inspected
the facility.
A true
and
correct
copy of the inspection report,
along with
Mr.
Ten-ys
affidavit, are attached and
incorporated herein by reference as Exhibit A.
VIOLATIONS
On the basis ofField 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
It,
?Oos
resulted in the following violations:
That on September 8, 2005, an
on-site inspection of the facility disclosed the following:
I.
The Respondent
has caused
or allowed
litter at
the facility in
violation
of
415
ILCS
5/21(p)(l); and
2. The Respondenthas caused orallowed open burning at thefacility in violation of4l
5
ILCS
S/2l(p)(3);
and
3.
TheRespondent has caused orallowed thedeposition ofgeneral construction or demolition
debris; or clean construction or demolition debris at the facility in violation of4IS ILCS
5/21 (p)(7).
CIVIL PENALTY
In accordance with 415
ILCS
5/42
(b)(4-5), the Respondent is subject to
a
civil penalty of
$1,500.00
for each
of violations
specified
above.
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 $4,500.00 fine.
If you
acknowledge
the violations
cited
herein above, the
civil
penalty shall
be due
and
payable no later than December 1,2005.
Ifyou do not petition thePollution Control Board forreview
oftheAdministrative Citation within 35 daysofservice oftheAdministrative Citation, or contest the
Citation, anyjudgmentthat may be rendered against you shall specif~’
the due date ofthe civil fine and
any additional costs assessed against you.
Whenpayment is made, yourcheck should be made payable to theJackson County’s Treasurer
Office
and
mailed
to
the
attention
of
Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro, Illinois, 62966.
Also, please complete and return the enclosedremittance form, along
with your payment, to assure proper credit.
Ifany civil penalty is not paid within the prescribed time, thelaw allows for theaccumulation
and payment ofinterest on the remaining unpaid balance.
Ifany civil penalty is not paid when due,
theOffice oftheState’s Attorneyshall 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 Jackson County
State’s Attorney may seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
You havethe rightto contest this Citation, pursuant to 415
ILCS 5/31.1.
Ifyouelect to contest
this
Citation, you
must file a Petition
For Review
with the
Clerk of the Illinois Pollution Control
Board.
A
copy of the
Petition
For Review shall
be
filed with
Daniel
Brenner, Assistant
State’s
Attorney,
Jackson County Courthouse, Third
Floor,
Murphysboro,
II
62966.
Your Petition
For
Review must be filed within 35 days of the date ofservice ofthe present citation-on you.
Ifyou
fail to file yourPetition, a Default
Order a2ainst you will entered by the Pollution Control Board.
Your original
Petition must be filed with
the Clerk of the Board at:
Clerk
Pollution Control
Board
100 West Randolph, Suite
11-500
Chicago, Illinois 60601-3218
A copy must also be
sent to:
Office of the
State’s Attorney
Daniel Brenner
Assistant
State’s Attorney
Jackson County Courthouse, 3~
Floor
Murphysboro,
II
62966
DATED:
Oct—.
ii
,
2005
___________________________
Daniel Brenner
Assistant
State’s Attomey
County:
Jackson
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Open Dump Inspection
Checklist
Location/Site
Name:
Grand Tower / Rocky Lee Morse
Date:
09/08/2005
Time:
From
2:20 pm
Inspector(s):
Don Terry
No. of Photos Taken:
#
9
Est. Amt. of Waste:
80
Interviewed:
no
one at site
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
Rocky Lee
Morse
P.
0.
Box
339
Grand Tower,
IL
62942
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN ILLINOIS
Z
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
Z
3.
12(a)
CAUSE, THREATEN
OR ALLOW WATER POLLUTION
IN ILLINOIS
LI
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
LI
5.
21(a)
CAUSE OR ALLOWOPEN DUMPING
Z
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a
Permit
fl
(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)
Lifter
Z
(2)
Scavenging
(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
LFC#:
077
040 5015
Region:
7
-
Marion
To
2:35
pm
Previous
Inspection
Date:
06/03/2005
Weather:
90°F
--
hazy with calm winds
yds3
Samples Taken:
Yes #
No
Z
Complaint #:
2004-048
Revised
06/18/2001
(Open Dump
-
1)
LPC#
0770405015
Inspection
Date:
09/08/2005
(7)
Deposition of General construction or Demolition
Oebris; or Clean Construction or
Z
Demolition
Debris
9.
55(a)
NO PERSON
SHALL:
(1)
Cause
or Allow Open Dumping
of Any Used
or Waste Tire
Z
(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
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:
C)
PCB;
(0)
CIRCUIT
COURT
CASE NUMBER:
ORDER
ENTERED ON:
LI
15.
OTHER:
LI
LI
LI
LI
LI
Informational Notes
1.
Illinois
Environmental
Protection Act: 415
ILCS
5/4.
(1
2.
Illinois
Pollution Control
Board: 35
III. Adm. Code, Subtitle G.
3.
Statutory and regulatory references herein are provided for convenience only
and should
notbaconstruectasiegal
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 he-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
EnvironnientalFrotetiiunAct:
415
ILCS
5/4(c)
and
(d).
6.
Items marked with
an ‘NE” were not evaluated
at the time of this inspection.
LI
Revised 06/18/200
1
(Open Dump
-
2)
NARRATIVE
INSPECTION REPORT DOCUMENT
OPENDUMP SITE
4
~
~j_~&~_s
~
~
~
Date of Inspection:
September
8,
2005
Inspector:
Don Terry
Site Code:
077
040 5015
County:
Jackson
Site Name:
Grand Tower / Rocky Lee Morse
Time:
2:20 pm
—
2:35
pm
Property Owner:
Rocky Lee Morse
Volume ofWaste:
80 cu yds
GENERAL REMARKS
During the
stated date and time, I conducted
an inspection ofthe site listed above.
This inspection
was made as
a follow up to one conducted on June 3, 2005
during which continuing violations
regarding open dumping and open burning were observed.
I was accompanied on this inspection by
Kevin Gillespie ofthe Jackson County Health Department.
Weather condition at the
time ofthe
inspection were: 90°F,hazy with calm winds.
Upon arrival, I observed that both buildings which were being
demolished during my
last inspection
were
gone (Photo #1,
Site sketch).
I observed no roll offor other container at this
site by which
the demolition debris or any ofthe waste
could be transported for proper disposal (Phototi,
Site
sketch).
At the north end ofthe property, I observed
a burn pile containing ash
and charred materials that
included
dimensional lumber,
metal, landscape
waste and other materials not easily identifiable
(Photo #2,
Site sketch Area A).
I walked
south along the fence and observed
a pile ofapproximately sixty
open dumped used-tires
(Photo #3,
Site sketch Area C).
To the west of the fence (Photos #4
-
#6, Site sketch Area B) I observed a waste pile
consisting of
ash, dimensional lumber, concrete,
metal,
glass bottles,
vehicle pans, fhrniture, plastic items and
other materials not easily identifiable.
South ofthis pile, I observed another waste pile at the edge of a small grove oftrees (Photos #8 &
#9, Site sketch Area D).
This pile contained metal pipe, waste tires, plastic items,
dimensional
lumber, scrap metal
and other items not
easily identifiable.
On the west side ofthe
site, I observed a waste pile (Photo
#9, Site sketch Area E).
This pile
contained concrete,
dimensional lumber, carpeting, plastic items and other materials not
readily
identifiable.
The total amount ofwaste was approximately 80 cu / yds.
My inspection ended at
approximately
2:35 pm.
Page 2
077 040
5015
Grand Tower / Rocky Lee Morse
September 8, 2005
Continuing Violations Observed:
Item #1(9)(a): Cause, threaten or allow air pollution in Illinois;
Item #2(9We): Cause or allow
open burning;
Item #8(21)(p)(3): Cause or allow the open dumping of any waste
in a
manner which results in any ofthe following occurrences at the dump site:
(3) Open
Burning:
During the inspection, evidence ofthe continuing open burning ofwaste
was observed
at this
site.
Item #5(21)(a’l:
Cause or allow open dumping;
Item #8(2lUn)(1 &
7):
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 and (7) Deposition ofgeneral construction or demolition debris; or
clean construction or demolition
debris:
During the inspection, the continued open dumping of
waste,
causing litter and the deposition ofgeneral C/D debris was observed.
Item #9(55)(a)(1):
No person shall: Cause or allow open dumping of any used or waste tire:
During the inspection, the continued open dumping ofwaste tires on this
site was
observed.
I
OPEN DUMP INSPECTION
F
SITE SKETCH
T
I
&.a~_4~a.a..~
~
~s_..s—a
~
~
-
._._
-s_aa._5.
Date Of Inspection:
September
8, 2005
Inspector:
Don Terry
Site Code:
077 040
5015
Grand Tower / Rocky Lee Morse
Time:
2:20 pm
—
2:35
pm
I
0
a
a
‘I
Not Drawn to Scale
tN
Grand Tower Rd
Approximate property line_~
U,
CD
-I
CD
U,
All
Locations Are Approximate
0
Indicates
Approximate
Location & Direction of Photos
I.!’
I,
a
Site Name:
County:
Jackson
tv
D
I
Date:
September 8,
2005
Site #:
077 040 5015
County:
Jackson
Inspection
Digital Photo Sheet
Time:
2:20 pm
Site
Name:
Grand Tower / Rocky Lee Morse
Photo taken by:
Don Terry
Comments
—
Photo taken towards:
South
Photo
File Name:
0770405015-09082005-01
-
c”~i~-
-as1
Date:
-
September 8, 2005
Time:
2:21
pm
Photo taken by:
Don Terry
Comments
—
Photo taken towards:
South
Photo File Name:
0770405015-09082005-02
Date:
September 8, 2005
Site #:
077 040 5015
County:
Jackson
Inspection
Digital
Photo Sheet
Time:
2:21
pm
Site
Name:
Grand Tower / Rocky
Lee Morse
Photo taken
by:
Don Terry
Comments
—
Photo taken towards:
South
Photo File Name:
0770405015-09082005-03
Date:
September 8,
2005
Time:
2:23
pm
Photo taken by:
Don
Terry
Comments
—
Photo taken towards:
Southwest
Photo File Name:
0770405015-09082005-04
~r#~
,~t&*t
~
.:
Inspection
Digital
Photo Sheet
Date:
September 8,
2005
Site #:
077 040 5015
County:
Jackson
Time:
2:24 pm
Photo taken by:
Don
Terry
Comments
—
Photo taken towards:
South
Photo File
Name:
0770405015-09082005-05
Date:
September 8, 2005
Time:
2:24 pm
Photo taken by:
Don
Terry
Comments
—
Photo taken towards:
Southwest
Photo File
Name:
077040501 5-09082005-06
Site Name:
Grand Tower / Rocky
Lee Morse
Inspection
Digital
Photo Sheet
Date:
September
8,
2005
Site #:
077 040 5015
County:
Jackson
Time:
2:24
pm
Photo taken by:
Don Terry
Comments
—
Photo taken towards:
South
Photo File
Name:
0770405015-09082005-07
Date:
September 8,
2005
Time:
2:25
pm
Photo taken
by:
Don
Terry
Comments
—
Photo taken towards:
Northeast
Photo File
Name:
0770405015-09082005-08
Site Name:
Grand Tower / Rocky Lee Morse
•
‘-o’~
;
Inspection
Digital
Photo Sheet
Date:
September 8, 2005
Site #:
077 040 5015
County:
Jackson
Time:
2:27 pm
Site
Name:
Grand Tower / Rocky Lee Morse
Photo taken by:
Don Terry
Comments
—
Photo taken towards:
Southwest
Photo File
Name:
0770405015-09082005-09
Date:
Time:
Photo taken by:
Comments
—
Photo taken towards:
No Photo
Photo File
Name:
