The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Sincerely,
Michelle M. Ryan
Assistant Counsel
Enclosures
ILLINOIS ENVIRON
1021 NORTH GRAND AVENUE EAST, P .
(217) 782-5544
TDD: (217) 782-9143
July 17, 2001
THOMAS V. SKINNER, DIRECTOR
Re :
Illinois Environmental Protection Agency v. Marvin Hammack, et al
.
IEPA File No. 290-01-AC; ID No. 1698035001
Dear Clerk Gunn
:
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector's Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s)
.
On this date, a copy of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail. As soon as I receive the return receipt, I will promptly file a copy with you,
so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period
for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation
.
If you have any questions or concerns, please do not hesitate to contact me at the number above
.
Thank you for your cooperation
.
GEORGE H. RYAN, GOVERNOR
I
N@A
INGFIELD, ILLINOIS 62794-9276
GENCY
RECEIVED
CLERK'S OFFICE
JUL 2 0 2001
STATE OF ILLINOIS
Pollution Control
Board
PRINTED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
v .
)
MARVIN HAMMACK and
)
DORIS BAKER
)
Respondents
.
)
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: July 17, 2001
NOTICE OF FILING
To
:
Marvin Hammack
Doris Baker
R.R. 3, Box 166A
330V2 West Avenue B
Rushville, Illinois 62681
Rushville Illinois 62681
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,
AC
O?
o 3
(IEPA No. 290-01-AC)
RECEIVED
CLERK'S OFFICE
JUL 2 0 2001
STATE OF ILLINOIS
Pollution Control Board
chelle M. Ryan
Assistant Counsel
Division of Legal Counsel
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
ADMINISTRATIVE CITATION
JUL 2 0 2001
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
Oa
.o3
(IEPA No. 290-01-AC)
V.
)
MARVIN HAMMACK and
)
DORIS BAKER
)
Respondents .
)
JURISDICTION
This Administrative Citation is issued pursuant to the
Environmental Protection Agency by Section 31 .1 of the Illinois Environmental Protection Act, 415
ILCS 5/31 .1 (2000) .
FACTS
1
.
That Marvin Hammack and Doris Baker (" Respondents" ) are the present operator
and owner, respectively, of a facility located off Kinderhook Road, Rushville, Schuyler County,
Illinois. The property is commonly known to the Illinois Environmental Protection Agency as
Rushville/Hammack
.
2 .
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1698035001
.
3 .
That Respondents have owned and operated said facility at all times pertinent hereto
.
4
.
That on May 21, 2001, Jan Mier of the Illinois Environmental Protection Agency' s
Springfield Regional Office inspected the above-described facility . A copy of her inspection report
setting forth the results of said inspection is attached hereto and made a part hereof
.
authority vested in the Illinois
VIOLATIONS
Based upon direct observations made by Jan Mier during the course of her May 21, 2001
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that Respondents have violated the Illinois Environmental Protection Act (hereinafter, the "Act') as
follows :
(1)
That Respondents 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)
(2000) .
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2000), Respondents are
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 One Thousand Five Hundred Dollars ($1,500 .00)
.
If
Respondents elect not to petition the Illinois Pollution Control Board, the statutory civil penalty
specified above shall be due and payable no later than
July 31, 2001, unless otherwise provided by
order of the Illinois Pollution Control Board
.
If Respondents elect 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 (2000), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondents 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
.
2
Pursuant to Section 31 .1(d)(1) of the Act, 415 ILCS 5/31.1(d)(1) (2000), 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, Respondents' 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, Respondents 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 Respondents 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 Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued
.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents have the right to contest this Administrative Citation pursuant to and in
accordance with Section 31 .1 of the Act, 415 ILCS 5/31/1 (2000) . If Respondents elect to contest
this Administrative Citation, then Respondents shall file a Petition for Review, 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
.
k
Thomas V. Skinner, Director
~l"-
Illinois Environmental Protection Agency
Date :
7-14-0
1
Prepared by
:
Michelle M. Ryan, Assistant Counsel
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
DATE OF INSPECTION :
May 21, 2001
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
.
5
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
_ 3
AC
v .
)
MARVIN HAMMACK and
)
DORIS BAKER
)
Respondents
.
)
FACILITY :
Rushville/Hammack
(IEPA No. 290-01-AC)
SITE CODE NO .
:
1698035001
COUNTY :
Schuyler
CIVIL PENALTY :
$1,500.00
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
:
)
Marvin Hammack
)
IEPA DOCKET NO
.
Respondent
.
)
Affiant, Jan Mier, being first duly sworn, voluntarily
deposes and states as follow
:
1 . Affiant is a field inspector employed by the
Land Pollution Control Division of the
Environmental Protection Agency and has been so
employed at all times pertinent hereto
.
2 . On May 21, 2001, between 12 :15 PM and 1 :00 PM,
Affiant conducted an inspection of a disposal site
operated without an Agency permit, located in
Schuyler County, Illinois and known as
Rushville/Hammack by the Illinois Environmental
Protection Agency. Said site has been assigned
site code number LPC# 1698035001 by the Agency
.
3 . Affiant inspected said open dump site by an
on-site inspection which included walking and
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 said open
dump
.
Mallr
Subscribed and Sworn To before me
This ~, day of
~
X00 /
OFFICIAL SEAL
^WARIENE K. POWELL
x4~' 1
My
nr'a PUSLIC STATE OF ILLINOIS
My Ca,nm expl+cs MafC4 i8, 2004
INFORMATIONAL NOTICE
! ! !
IT IS IMPORTI NT THAT YOU READ THE ENCLOSED DOCUMENTS .
NOTE: THIS ADMINISTRATIVE CITATION REFERS TO TWOSEPARATE STATE OF
ILLINOIS AGENCIES. ONE IS THE ILLINOIS POLLUTION CONTROL BOARD
LOCATED AT: STATE OF ILLINOIS 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, Ej ST, P.O. BOX 19276, SPRINGFIELD, ILLINOIS 62794-9276.
IF YOU ELECT TO CONTEST THE ENCLOSED ADMINISTRATIVE CITATION, YOU
MUST FILE APETITION FOR REVIEW WITHIN THIRTY-FIVE 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 ADDR4ESS GIVEN ABOVE. A COPY OF THE PETITION FOR REVIEW SHOULD
BE EITHER HAND-DELIVERED OR MAILED TO THE ILLINOIS ENVIRONMENTAL
.
PROTECTIONAGENCYAT THE ADDRESS GIVEN ABOVE AND SHOULD BE
MARKED TO THE
•
ATTENTION OF DIVISION OF LEGAL COUNSEL .
Responsible Party
Mailing Address(es)
and Phone Number(s)
:
Revised 09/22/2000
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
tbQSt35cr l
County
:
SCHUYLER
LPC# :
467893600+-t
Region :
5 - Springfield
Location/Site Name
:
RUSHVILLE/HAMMACK
Date
:
5/21/01
Time :
From
12:15
To
Inspector(s)
:
JAN MIER
No. of Photos Taken: #
9
Est. Amt. of Waste: 200
Interviewed
:
NO ONE ON SITE
DORIS BAKER
3301/2 W. AVENUE B
RUSHVILLE, IL 62681
217/322-3505
(Open Dump
-
1 )
1 :00
Previous Inspection Date :
NONE
Weather
:
60 F, SUNNY
yds3 Samples Taken
:
Yes #
Complaint #
:
C-01-082-C
No
MARVIN HAMMACK
R.R. 3 BOX 166A
RUSHVILLE, IL
62681
J(l~
D
217/322-3505
£4p~
17200,
SECTION
DESCRIPTION
r
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1 .
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
04
4 .
12(d)
CREATE A WATER POLLUTION HAZARD
5 .
21(a)
CAUSE ORALLOW OPEN DUMPING
0
6 .
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, ORWASTE- DISPOSAL
OPERATION
:
(1)
Without a Permit
0
(2)
In Violation of Any Regulations or Standards Adopted by the Board
~0
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
~~4
7 .
21 (e)
WASTE INTO THE STATE AT/TO SITES 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
0~
(2)
Scavenging
(3)
Open Burning
~0
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
∎
(7)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
Demolition Debris
ON
LPC # :
,inspection Date :
m
jX
igna ure of Inspector(s)
Informational Notes
1
.
[Illinois) Environmental Protection Act: 415 ILCS 5/4 .
2
.
Illinois Pollution Control Board : 35 111. 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
09/22/2000
(Open Dump
- 2)
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)
ACCEPTANCE OFSPECIAL WASTE FROM AWASTE TRANSPORTER
WITHOUTAWASTE 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
Inspection Narrative
LPC#1698035001 - Schuyler County
Rushville/Hammack
Inspection Date - 5/21/01
Inspector
- Jan Hopper, DLPC/FOS Springfield
FOS File
On May 21, 2001, a re-inspection was conducted at the above-referenced site . I was
accompanied by Charlie King, DLPC/FOS inspector. I previously inspected the site on
May 1, 2001, but due to time constraints I was unable to walk the property thoroughly
.
The 5/1/01 inspection noted a large amount of household waste, two abandoned trailers,
several junk vehicles and tires
.
We arrived at 12:15 p.m. I knocked on the door but no one answered. The door was
padlocked from the outside. Two bulldozers were on site and grading had been done
west of the house (see photo #2). The dismantled trailer was no longer observed . There
was still approximately 30 cu. yards of household refuse (see photo #9), about 30
scattered tires, car parts and eight vehicles . I began to walk behind the house and
observed lumber, shingles and other miscellaneous debris in standing water. Tires were
scattered throughout the field southwest of the house (see photo #'s 3-5) . An abandoned
mobile home was in the field as well (see photo #^). I continued to walk along the ravine
west of the house and discovered two accumulations of tires amounting to about 400 tires
each (see photo #'s 7-8) . We departed at 1 :00 p.m.
cc: DLPC Division File
DLPC FOS - Springfield Region
J(/N
kr.
Measurements Approximate
Direction of Photo r
NORTH
Not to Scale
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date of Inspection :
05/21/01
Inspector :
Jan Mier
Site Code :
1678035001
County :
Schuyler
Site
:
Rushville/Hammack
Time :
12:15
p.m. - 1 :00 p.m .
LPC #1698035001 - Schuyler County
Rushville/Hammack
FOS File
DATE: 05/21/01
TIME: 12:19 p.m
DIRECTION: Southwest
PHOTO by: Jan Mier
PHOTO FILE NAME :
169803500105212001-001
COMMENTS :
Front of house with debris in front and
trailer in back
DATE: 05/21/01
TIME: 12:25 p.m.
DIRECTION: East
PHOTO by: Jan Mier
PHOTO FILE NAME :
1698035001-05212001-002
COMMENTS :
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1698035001 - Schuyler County
Rushville/Hammack
FOS File
DATE: 05/21/01
TIME: 12:34 p.m.
DIRECTION: Southeast
PHOTO by: Jan
Mier
PHOTO
FILE NAME :
1698035001-05212001-003
COMMENTS :
Tires in weeds behind house
DATE : 05/21/01
TIME: 12 :34 p.m.
DIRECTION: Southwest
PHOTO by: Jan Mier
PHOTO FILE NAME :
1698035001-05212001-004
COMMENTS :
Tires In weeds
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1698035001 - Schuyler County
Rushville/Hammack
FOS File
DATE: 05/21/01
TIME: 12:35 p.m.
DIRECTION: Southwest
PHOTO by: Jan Mier
PHOTO FILE NAME :
1698035001-05212001-005
COMMENTS :
-300 tires in ravine
DATE : 05/21/01
TIME : 12:37 p.m.
DIRECTION: Southwest
PHOTO by : Jan Mier
PHOTO FILE NAME :
1698035001-05212001-006
COMMENTS :
Abandoned mobile home behind house
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1698035001 - Schuyler County
Rushville/Hammack
FOS File
DATE: 05/21/01
TIME: 12:40 p.m
DIRECTION: Southwest
PHOTO by: Jan Mier
PHOTO FILE NAME :
1698035001-05212001-007
COMMENTS:
-400 tires in ravine
DATE: 05/21/01
TIME: 12:41 pan.
DIRECTION: Southwest
PHOTO by: Jan Mier
PHOTO FILE NAME:
169803500105212001-008
COMMENTS:
-400 tires uphill from photo #7
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1698035001 - Schuyler County
Rushville/Hammack
FOS File
DATE: 05/21/01
TIME: 12 :48 p.m.
DIRECTION : East
PHOTO by: Jan Mier
PHOTO FILE NAME :
1698035001-05212001-009
COMMENTS :
Household waste nest to house-
cardboard, lumber, plastic, tires
DIGITAL PHOTOGRAPH PHOTOCOPIES
PROOF OF SERVICE
I hereby certify that I did on the 17 `h day of July, 2001, 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
:
Marvin Hammack
Doris Baker
R.R. 3, Box 166A
330'/2 West Avenue B
Rushville, Illinois 62681
Rushville Illinois 62681
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail 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
1
Michelle M. Ryan
Assistant Counsel
Division of Legal Counsel
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
