February 1, 2006
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Re :
County of Perry v. Ida Haberman
County AC# PC-06-015
Site Code: 1458390002
Inspection Date: January 11, 2006
Dear Clerk Gunn :
Enclosed for filing with the Board is the Administrative Citation packet issued against
Ida Haberman .
The Respondent's mailing address is P.O. Box 96, Willisville, IL 62997. Jon Gregory
(Perry County Solid Waste Management Department) will send you the date, and proof of such,
of service of the Citation on the Respondent . The site is known as the Ida Haberman site
.
Please acknowledge receipt and filing of the enclosed materials . Thank you.
RECEIVED
CLERK'S OFFICE
FEB 0 6 2006
STATE OF ILLINOIS
Pollution Control Board
enclosures
David N. Stanton
Perry County State's Attorney
NOTICE OF FILING
TO :
Ida Haberman
P.O. Box 96
Willisville, IL 62997
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
ii#
.. "
D d N. S
ton
Perry County State's Attorney
February 1, 2006
Perry County Courthouse
1 Public Square
Pinckneyville, IL 62274
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
FEB 0 E 2006
County of Perry,
Complainant,
)
)
OF
PollutionControl Board
V.
)
County AC #: PC-06-015
.-~ ~
Ida Haberman,
Respondent
.
)
)
t
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB 0 8 2006
STATE OF ILLINOIS
County of Perry,
)
Pollution Control Board
Complainant,
)
l
v .
)
County AC #: PC-06-015
~S
Ida Haberman,
)
C
Respondent .
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of Perry
.
vid N. tanton
erry County State's Attorney
RECEIVED
CLERK'S OFFICE
FED 0 6 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOA STATE
OF ILLINOIS
ADMINISTRATIVE CITATION
Pollution Control Board
County of Perry,
)
Complainant,
)
County AC #: PC-06-015
V .
Ida Haberman,
)
Respondent .
)
JURISDICTION
This Administrative Citation is issued pursuant
to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq .
(1996), specifically 415 ILCS 5/3 1 .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 #1458390002
.
The facility is
known to the Agency as the Ida Haberman site
.
3. The Respondent has occupied, controlled and/or operated the facility at all
relevant
times hereto .
4. On January 11, 2006, Field Inspector, Jon Gregory, inspected the facility
.
A true and
correct copy of the inspection report, along with a signed affidavit, are attached and incorporated
herein by reference as Exhibit A
.
VIOLATIONS
On the basis of Field Inspector Jon Gregory's direct observation during the course of his
January 11, 2006 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 :
(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) (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 of One
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 One
Thousand Five Hundred Dollars ($1,500.00) fine .
Pursuant to Section 31 .1(d)(1) of the Act, 415 ILCS 5/31 .1(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 of the 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 of the 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 of service of
this Administrative Citation or the Illinois Pollution Control Board shall enter a
default judgment 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
1 Public Square
Pinckneyville, IL 62274
DATED : February 1, 2006
it
Awry
D id N. S
on
erry County State's Attorney
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF PERRY
)
Complainant,
)
v .
)
Ida Haberman
)
Respondent
.
)
AFFIDAVIT
County AC#: PC-06-015
Affiant, Jon M. Gregory, being first duly sworn, voluntarily deposes and states as follows :
1 . 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 January 11, 2006, between 11 :15 a.m. and 11 :24 a.m., Affiant conducted an
inspection of a disposal site operated by Ida Haberman, located in Perry County, Illinois, and
known as the Ida Haberman site by the Perry County Solid Waste Management Department
.
Said site has been assigned site code number 1458390002 by the Perry County Solid Waste
Management Department .
3. Affiant inspected said Ida Haberman 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
Affiant's knowledge and belief, is an accurate representation of Affiant's observations and
factual conclusions with respect to said Ida Haberman site
.
Subscribed and Sworn to before me
this (
day of
Notary Public
"OFFICIA.:$EAL"
IiiiiTA HECK
NOTARY PUBLIC ,STATE OF ILLIN015
MY COMMISSION EXPIRES 12108107
1~
~0~,A06a~~A9G
laM IAALAsv
County of Perry,
Complainant,
V .
Ida Haberman,
Respondent.
FACILITY :
COUNTY :
DATE OF INSPECTION
:
SITE CODE :
CIVIL PENALTY:
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
RE
,^ :-0AfE
CLERKS OFFICE
REMITTANCE FORM
FEB 0 8 2G25
STATE OF ILLINOIS
Pollution Control Board
County AC #: PC-06-015
Ida Haberman Site
Perry
January 11, 2006
1458390002
$1,500.00
Date Remitted
SS/FEIN #
Signature
i
Perry County Solid Waste Department
Narrative Inspection Report
Site # : 1458390002
Date: 1/11/06
County: Perry
Inspector: Jon Gregory
GPS Coordinates : N 37.97742° W 089.58981°
Subject: Ida Haberman Open Dump Site Inspection
General Remarks: An Open Dump Site Inspection was conducted on Wednesday, January 11, at
the Ida Haberman residence in Willisville. The inspection was performed as a follow up to the
4/18/05 inspection of the site
.
Weather conditions at the time of the inspection were : sunny,
temperature in the 50's, winds calm. I began the inspection at approximately 11 :15a.m .
This inspection was conducted from a public road and on the property of resident Ida
Haberman. Upon arrival, I knocked at the back door of the residence . I observed that there were
dozens of different colored plastic box-shaped containers stacked throughout the yard (Photos 002-
004, 009 & 010). I also observed that there was an abundance of household waste and garbage
scattered throughout the yard (Photos 001 -010) . This litter was very unsightly and it appeared that
the majority of it was food products that were totally unprotected from the elements. The yard
smelled of spoiled food
.
I estimated that the total amount of waste in the yard to be approximately 400 cubic yards
.
Our inspection ended at approximately 11 :25 a.m .
County :
Perry
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
Location/Site Name :
Willisville/ Ida Haberman
Responsible Party
Mailing Address(es)
and Phone
Number(s) :
Revised 06/18/2001
LPC#:
1458390002
Region :
7 - Marion
Date :
01/11/2006
Time: From
11:15 am
.
To
11 :25a.m .
Previous Inspection Date :
4/18/05
Inspector(s)
:
Jon Gregory
Weather:
50's, sunny
No. of Photos Taken: #
10
Est. Amt. of Waste: 400
yds3 Samples Taken: Yes #
Interviewed :
Ida Haberman
Complaint# :
Ida Haberman
1312 South
Broadway
Willisville, IL 62997
(Open Dump - 1)
No
El
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1
.
9(a)
CAUSE, THREATEN OR ALLOWAIR 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)
CREATEAWATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
~~
6 .
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, ORWASTE- DISPOSAL
OPERATION :
(1)
Without a 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/TOSITES NOT MEETING REQUIREMENTS OF ACT
8 .
21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN AMANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE :
(1)
Litter
03
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
a
(6)
Standing or Flowing Liquid Discharge from the Dump Site
LPC #
1458390002
Inspection Date
:
01/11/2006
ature
of
Inspector(s)
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
.
Revised 06/18/2001
(Open Dump - 2)
(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
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
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)
ACCEPTANCEOF 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 : (
PCB ; (
CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15 .
OTHER :
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 1458390002-01112006---[Exp. #].jpg
Page l of 5
LPC # 1458390002- Perry County
Willisville / Ida Haberman
FOS File
Date: 1/11/06
Time: 11:15am-11:25am
Direction: N
Photo by: Jon Gregory
Exposure #: 001
Comments :
Date: 1/11/06
Time: 11:15am-11:25am
Direction: N
Photo by: Jon Gregory
Exposure #: 002
Comments:
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 1458390002-01112006--[Exp . #].jpg
Page 2 of 5
LPC # 1458390002- Perry County
Willisville / Ida Haberman
FOS File
Date: 1/11/06
Time: 11:15am-11:25am
Direction: N
Photo by: Jon Gregory
Exposure #: 003
Comments :
Date: 1/11/06
Time: 11:15am-11:25am
Direction: NW
Photo by: Jon Gregory
Exposure #: 004
Comments :
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 1458390002-01112006-[Exp . #l.jpg
Page 3 of 5
LPC # 1458390002- Perry County
Willisville / Ida Haberman
FOS File
Date: 1/11/06
Time: 11:15am-11:25am
Direction: NW
Photo by: Jon Gregory
Exposure #: 005
Comments :
Date: 1/11/06
Time: 11:15am-11:25am
Direction: N
Photo by: Jon Gregory
Exposure #: 006
Comments :
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 1458390002-01112006--[Exp. #].jpg
Page4 of 5
LPC # 1458390002- Perry County
Willisville / Ida Haberman
FOS File
Date: 1/11/06
Time: 11:15am-11:25am
Direction: W
Photo by: Jon Gregory
Exposure #: 007
Comments :
Date: 1/11/06
Time: 11:15am-11:25am
Direction: W
Photo by: Jon Gregory
Exposure #: 008
Comments :
File Names: 1458390002-01112006--[Exp. #].jpg
Page 5 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 1458390002- Perry County
Willisville / Ida Haberman
FOS File
Date: 1/11/06
Time: 11:15am-11:25am
Direction: NW
Photo by: Jon Gregory
Exposure #: 009
Comments :
Date: 1/11/06
Time: 11:15am-11:25am
Direction: N
Photo by: Jon Gregory
Exposure #: 010
Comments :
