INFORMATIONAL NOTICE!!!
RECEIVED
JAN 3 0 2006
PollutionSTATE
OF
Control
ILLINOISBoard
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS
.
NOTE:
This Administrative Citation refers to
TWO
separate State
of Illinois Agencies
. One is the ILLINOIS POLLUTION
CONTROL BOARD located at James R
. Thompson
Center, 100 West Randolph Street, Suite 11-500,
Chicago, Illinois 60601
. The other state agency is the
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
located at
: 1021 North Grand Avenue East, P
.O
. Box
19276, Springfield, Illinois 61794-9276
.
If you elect to contest the enclosed Administrative Citation, you must
file a
PETITION FOR REVIEW
with thirty-five (35) days of the date
the Administrative Citation was served upon you
. Any such Petition
for Review must be filed with the clerk of the Illinois Pollution Control
Board by either hand delivering or mailing to the Board at the
address given above
. A copy of the Petition for Review should be
either hand-delivered or mailed to the Illinois Environmental
Protection Agency at the address given above and should be marked
to the ATTENTION
: DIVISION OF LEGAL COUNSEL
.
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice law
. Individuals may
appear on their own behalf, or through an attorney
. 35 III
. Adm
.
Code 101
.400(a) .
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARr4AN
3 0 2006
ADMINISTRATIVE CITATION
STATE OF
ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v
.
)
(IEPA No . 3-06-AC)
HAROLD GRAVES,
)
Respondent .
)
NOTICE OF FILING
To:
Harold Graves
306 Beechwood Drive
Taylorville, Illinois 62568
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
.
Respectfully submitted,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: January 27, 2006
THIS FILING SUBMI
ED ON RECYCLED PAPER
940t--
Michelle
M. Ryan
Special Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC bC ->
V.
)
(IEPA No
. 3-06-AC)
HAROLD GRAVES,
)
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31 .1 of the Illinois Environmental Protection Act, 415
ILCS 5/31 .1 (2004) .
FACTS
1 .
That Harold Graves ("Respondent") is the present operator of a facility located
approximately 3 miles south of Illinois 16 and one mile from the Christian County Line in Tower Hill
Township, Section 31, located in Shelby County, Illinois
. The property is commonly known to the
Illinois Environmental Protection Agency as Tower Hill/Graves-Ambrose
.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1738220005 .
3.
That Respondent has operated said facility at all times pertinent hereto
.
4.
That on December 2, 2005, Dustin Burger of the Illinois Environmental Protection
Agency's Champaign Regional Office inspected the above-described facility
. A copy of his
RECEIVEDCLERK'S
OFFICE
JAN 3 0 2006
STATE OF ILLINOIS
Pollution Control Board
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof .
VIOLATIONS
Based upon direct observations made by Dustin Burger during the course of his December
2, 2005 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the
"Act") as follows :
(1)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)
(2004) .
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in the deposition of general construction or demolition debris
; or clean
construction or demolition debris, a violation of Section 21(p)(7) of the Act, 415 ILCS
5/21 (p)(7) (2004).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5142(b)(4-5) (2004), Respondent is
subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500
.00) for each of the
violations identified above, for a total of
Three Thousand Dollars ($3,000 .00).
If Respondent elects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than February 15, 2006,
unless otherwise provided by order of the Illinois
Pollution Control Board.
If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31
.1 of the Act, 415 ILCS 5/31
.1 (2004), and if the Illinois
2
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board . Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1,500 .00) statutory civil penalty for each
violation .
Pursuant to Section 31 .1 (d)(1) of the Act, 415 ILCS 5/31 .1 (d)(1) (2004), if Respondent fails
to petition or elects 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, Respondent's check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P .O. Box 19276, Springfield,
Illinois 62794-9276 . Along with payment, Respondent shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment
.
If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondent from the date payment is due up to and including the date that payment is
received . The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondent in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued
.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citation pursuant to and in
accordance with Section 31
.1 of the Act, 415 ILCS 5/31/1 (2004)
. If Respondent elects to contest
this Administrative Citation, then Respondent shall 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, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601
. A copy of said Petition for Review shall be filed with the Illinois Environmental Protection
Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P .O. Box 19276, Springfield,
Illinois 62794-9276 . Section 31 .1 of the Act provides that any Petition for Review shall be filed within
thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution
Control Board shall enter a default judgment against the Respondent .
ou
A
Sc
Date: I /3'17//b
Douglas Scott, Director"Per-
Illinois Environmental Protection Agency
Prepared by:
Susan E . Konzelmann, Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
FACILITY:
Tower Hill/Graves-Ambrose
SITE CODE NO
.:
1738220005
COUNTY:
Shelby
CIVIL PENALTY
:
$3,000
.00
DATE OF INSPECTION :
December 2, 2005
DATE REMITTED:
SS/FEIN NUMBER
:
SIGNATURE:
NOTE
Please enter the date of your remittance, your Social Security number (SS) if an
individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form
.
Be
sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental
Protection Agency, Attn
. : Fiscal Services, P
.O
. Box 19276, Springfield, Illinois
62794-9276.
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
HAROLD GRAVES,
)
Respondent
.
)
5
RECEIVEDCLERK'S
OFFICE
JAN 3 0 2006
Pollution
STATE OFControl
ILLINOIS
Board
AC
()G
'~
`
(IEPA No. 3-06-AC)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
)
Harold Graves,
)
IEPA DOCKET NO .
Respondent
)
Affiant, Dustin Burger, being first duly sworn, voluntarily deposes and states as follows
:
1
. Affiant is afield inspector employed by the Land Pollution Control Division of the Illinois
Environmental Protection Agency and has been so employed at all times pertinent hereto
.
2. On December 2, 2005 between 12 :40 P.M
. and 12 :45 P .M.,
Affiant conducted an
inspection of the site in Shelby County, Illinois, known as Tower Hill/Ambrose-Graves, Illinois
Environmental Protection Agency Site No
. 1738220005 .
3
. Affant inspected said Ambrose-Graves site by an on-site inspection which included
photographing the site
.
4
. As a result of the activities referred to in Paragraph 3 above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of Affiant's
knowledge and belief, is an accurate representation of Affiant's observations and factual conclusions
with respect to the Tower Hill/Ambrose-Graves site
.
Subscribed and Sworn to before me
this 10th day of January,
2006.
Notary ubhc
OFFICIAL SEAL
SHARON L BARGER
NOTARY PUBLIC -STATE OF ILLINOIS
MY COMMISSION EXPIRES 09-16-06
Interviewed :
No one present
Latitude : N39.35119
Longitude :
W-89
.00907 Collection Point Description: Dump Location
- +/-156
(Example : Lat . : 41 .26493
Long
. : -89 .38294)
Responsible Party
Mailing Address(es)
and Phone Number(s):
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Shelby
LPC#:
1738220005
Region : 4 - Champaign
Location/Site Name :
Tower Hill/Ambrose-Graves
Date :
12/02/2005 Time : From 12:40P
To 12:45P
Previous Inspection Date:
Inspector(s)
:
Dustin Burger
No . of Photos Taken : # 3
Est. Amt . of Waste : 10
yds3 Samples Taken : Yes #
No
Complaint #: C06-054-CH
Ronald Ambrose, Owner
Rural Route 1, Box 44a
Tower Hill Illinois 62571
217/567-3209
Collection Method
: GPS - Garmin 76s
(Open Dump - 1)
Weather : Clear, snow, 30s
Harold Graves
306 Beechwood Drive
Taylorville, Illinois 62568
217/287-2054
SECTION
DESCRIPTION
I
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
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
4. 12(d)
CREATE A WATER POLLUTION HAZARD
5. 21 (a)
CAUSE OR ALLOW OPEN DUMPING
1112
6. 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
~1
(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
VA
8. 21
(p)
I
CAUSE OR ALLOW THE OPEN DUMPING
OF ANY WASTE IN A MANNER WHICH RESULTS
(1)
Litter
04
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
LPC # 1738220005
Inspection Date
:
12/02/2005
Informational Notes
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 .
tevised 10/5/2005
(Open Dump - 2)
(7)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
FAR
9. 55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
,A
10. 812 .101(a)
OPERATE A LANDFILL
11 . 722.111
HAZARDOUS WASTE DETERMINATION
12. 808.121
SPECIAL WASTE DETERMINATION
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
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF
: ( ) PCB ; ( ) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON :
15. OTHER :
E
I
Illinois Environmental Protection Agency
Bureau of Land,Field Operations Section *Champaign
LPC#1738220005--Shelby County
Tower Hill/Ambrose-Graves
FOS File
Inspector : Dustin Burger
December 2, 2005 Inspection
GIS information
: (N39.35119 W-89.00907
+/- 156 by Garmin 76s)
Narrative Inspection Report
I conducted an open dump complaint inspection of the above referenced facility on
December 2, 2005 from approximately 12 :40 to 12:45
P .M . This inspection was
conducted to determine the regulatory status and evaluate compliance with the
Environmental Protection Act (Act) and Title 35 Illinois Administrative Code, Subtitle G :
Land Pollution (Regulations)
. The weather was clear with a layer of snow on the ground,
with temperatures in the 30s . Two photos were taken during the visit
. No one was
present at the site during the inspection .
Champaign FOS received a complaint via the Springfield Regional Office from an
anonymous complainant stating that Harold Graves was demolishing the Pana Junior
High School and dumping the debris at two locations
. The Christian County Solid Waste
Department first investigated the complaint and found the waste had been dumped just
across the county line in Shelby County, which was out of their jurisdiction
. The first
property was owned by Mark Eilers and is located approximately 3 miles south of Illinois
a Route 16 and one mile from the county line
. This second property is owned by Ronald
Ambrose and is located one property north and across the road from the Eilers site at
Rural Route 1, Box 44a . The mailbox and Mr
. Mark Eilers confirmed the plat book
information stating Mr. Ambrose was the property owner
.
This site consists of a house tucked back in a wooded area with a short driveway ending
in a circular drive. I could see a pile of demolition debris from the road and drove into
the driveway for a closer look . I knocked on the door, but no one answered
. I then
looked at and photographed the debris dumped on the north edge of the driveway
. The
pile looked like it was made of two tandem-truck loads of general demolition debris
. It
consisted of mostly brick and concrete, but had significant amounts of wood and metal
mixed in (see photos 1-3)
. The pile had a recent coating of snow, but I could easily see
dimensional lumber, conduit, and metal mesh material sticking out of the pile
.
After photographing the pile I left the site
. Further communications regarding the site are
contained in separate reports for the Eilers-Graves site LPC#1738220005
.
Regulated Status
This site is regulated as an open dump .
Summary of Apparent Violations
1
. Pursuant to Section 21 (a) of the Act, no person shall cause or allow the open
dumping of any waste
.
A violation of Section 21(a) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(a)) is alleged for the following reason
: Wastes were observed open
dumped at this site.
2
. Pursuant to Section 21(d)(1) of the Act , in relevant part, no person shall conduct
any waste-storage, waste-treatment, or waste-disposal operation without a permit
granted by the Agency or in violation of any conditions imposed by such permit,
including periodic reports and full access to adequate records and the inspection of
facilities, as may be necessary to assure compliance with this Act and with
regulations and standards adopted there under .
A violation of Section 21(d)(1) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(d)(1)) is alleged for the following reason : Evidence that a waste-
disposal operation was being operated without a permit was observed .
3. Pursuant to Section 21(d)(2) of the Act, no person shall conduct any waste-
storage, waste-treatment, or waste-disposal operation in violation of any regulations
or standards adopted by the Board under this Act .
A violation of Section 21(d)(2) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(d)(2)) is alleged for the following reason : Evidence that a waste
disposal operation was being conducted in violation of the regulations was
observed.
4. Pursuant to Section 21(e) of the Act, no person shall dispose, treat, store or
abandon any waste, or transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which meets the requirements of
this Act and of regulations and standards there under .
A violation of Section 21(e) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(e)) is alleged for the following reason: Evidence that waste is being
transported and disposed of at this site which does not meet the requirements
of the Act or Regulations was observed .
5 . Pursuant to Section 21(p) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(p)), no person shall, in violation of subdivision (a) of this Section[21
],
cause or allow the open dumping of any waste in a manner which results in
1 .
litter;
2.
scavenging ;
3 . open burning ;
4.
deposition of waste in standing or flowing waters ;
5 .
proliferation of disease vectors
; or
6.
standing or flowing liquid discharge from the dump site .
7.
deposition of:
(i) general construction or demolition debris as defined
in Section 3 .78 of this Act; or
(ii) clean construction or demolition debris as defined
in Section 3 .78a of this Act .
The prohibitions specified in this subsection (p) shall be enforceable by the Agency
either by administrative citation under Section 31
.1 of this Act or as otherwise
provided by this Act
. The specific prohibitions in this subsection do not limit the
power of the Board to establish regulations or standards applicable to open
dumping.
A violation of Section 21(p) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(p)) is alleged for the following reason
: Evidence of open dumping
with (1) litter, and (7) deposition of general construction and demolition debris
was observed during this inspection .
6 . Pursuant to Section 812
.101(a), all persons, except those specifically exempted
by Section 21(d) of the Environmental Protection Act (Act) (Ill
. Rev . Stat. 1991, ch .
111 1/2, par
. 1021(d)) [415 ILCS 5/21(d)] shall submit to the Agency an application
for a permit to develop and operate a landfill
. The applications must contain the
information required by this Subpart and by Section 39(a) of the Act, except as
otherwise provided in 35 Ill . Adm . Code 817
.
A violation of 35 III
. Adm. Code 812 .101(a) is alleged for the following reason
:
Evidence of the operation of a landfill was observed .
The site does not have a
permit to operate a sanitary landfill
.
I
I
NORTH
LPC#1738220005--Shelby County
Tower HillIAmbrose-Graves
December 2, 2005
Site Sketch
Numbers denote photo locationsldirection
Not to scale
3-
Debris Pile
Residence
\~ •
G 2ues
18
TOW R HILL
5E
PAGE
Za
TI I N.-R.2 E .
Lakeland FS Inc
.
CHEMICALS* RENTAL SPREADERS
BULK-BLEND FERTILIZER * CUSTOM APPLICATION
LIQUID MIXED FERTILIZER * 28% LIQUID NITROGEN
LIME * ANHYDROUS
P.O
. BOX 211, TOWER HILL, ILLINOIS 62571
Phone
:
(217) 567-3142
SHELBYVILLE
- (217) 774-3901
STEWARDSON
- (217) 682-3238
Illinois Environmental Protection Agency
Bureau of Land
LPC #1738220005-Shelby County
Tower Hill/Ambrose-Graves
FOS File
DATE : December 2, 2005
TIME: 12:40 P.M .
DIRECTION
: East
PHOTO by : Dustin Burger
PHOTO FILE NAME:
1738220005-12022005-001
.jpg
COMMENTS:
DATE: December 2, 2005
TIME: 1 :00 P.M.
DIRECTION: East
PHOTO by: Dustin Burger
PHOTO FILE NAME
:
1738220005-12022005-002 .jpg
COMMENTS:
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1738220005-Shelby County
Tower Hill/Ambrose-Graves
FOS File
DATE
: December 2, 2005
TIME
: 12 :40 P.M.
DIRECTION : East
PHOTO by: Dustin Burger
PHOTO FILE NAME
:
1738220005-12022005-003.jpg
COMMENTS:
PROOF OF SERVICE
I hereby certify that I did on the 27th day of January 2006, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copy of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Harold Graves
306 Beechwood Drive
Taylorville, Illinois 62568
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To : Dorothy Gunn, Clerk
Pollution Control Board
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
