COUNTY OF JACKSON,
)
KSON,
Compiainan
,
)
v
.
)
AC 06
- z .y
~))
DAVID SKIDMORE,
)
Respondent .
)
ItT!fl'
?'
NOTICE OR FILING
IL117V
TO :
David Skidmore, 1 Mineral Springs Drive, Ava, Illinois 62907
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
.
March 21, 2006
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse
Murphysboro, IL 62966
618-687-7200
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR 3
1 2606
STATE OF ILLINOIS
Pollution Control Board
Daniel Brenner
Assistant State's Attorney
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
MA
3
) 2006
STATE
PollutionO
Control Board
COUNTY OF JACKSON,
>
Complainant,
)
.,,
v .
)
AC 06 -
DAVID SKIDMORE,
)
Respondent
.
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of Jackson
.
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3`c Floor
Murphysboro, IL 62966
618-687-7200
0 R I G'
11`1 !1
BEFORE THE ILLINOIS POLLUTION CONTROLBOARD RECEIVED
CLERK'S OFFICE
COUNTY OF JACKSON,
)
MAR 3 1
2006
STATE OF ILLINOIS
Complainant,
)
Pollution
Control Board
v .
)
AC 06
-
3v
DAVID SKIDMORE,
)
Respondent .
)
Serve on: David Skidmore, I Mineral Springs Dr., Ava, Illinois 62907
PROOF OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the Administrative
Citation and Appearance were hand delivered to :
Name
: 9SYN\,r~YY\ric
Address :
A
-
?
~
(+
r- Qt L
Sex :
Male
Female
I
Age : ~3-I'~-'; C"
Date of service :
.
-;5/;~ 7/()(Q 2006 .
Time :
/U.Kam
.
/S/ Robert Burns, Jackson Co. Sheriff
By his Deputy
PLEASE RETURN TO :
DANIEL BRENNER
JACKSON COUNTY STATE'S ATTORNEY'S OFFICE
e
o&-co 9oq
RECEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MA' 3 ' M7&
ADMINISTRATIVE CITATION
STATE OF
ILLINOIS
Pollution Control Board
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1 et . seq. (2004), specifically 415 II-CS
5/31 .1
.
FACTS
1 . 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. The facility is an open dump, operating without an Illinois Environmental Protection
Agency Operating Permit, and designated with the Site Code # 0778005012 . The facility is
known to the Agency as the Ava/David Skidmore site
.
3. The Respondent has owned, occupied, controlled and/or operated the facility at all
relevant times hereto
.
4. On February 28, 2006, Don Terry, Field Inspector, Jackson County Health
Department, inspected the facility. A true and correct copy of the inspection report, along with
Mr. Terry's affidavit, are attached and incorporated herein by reference as Exhibit A
.
COUNTY OF JACKSON,
)
Complainant,
)
v .
)
AC 06 -
3v
Site Code: 0778005012
DAVID SKIDMORE,
)
Respondent .
)
VIOLATIONS
On the basis of Field 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 resulted in the following violations :
That on February 28, 2006, an on-site inspection of the facility disclosed the following
:
1 . The Respondent has caused or allowed litter at the facility in violation of 415 ILCS
5/21(p)(1) .
2. The Respondent has caused or allowed open burning at the facility in violation of 415
ILCS 5121(p)(3) .
3. The Respondent has caused or allowed the deposition of general construction or
demolition ; or clean construction or demolition debris in violation of 415 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 May 1, 2006 . If you do not petition the Pollution Control Board for review
of the Administrative Citation within 35 days of service of the Administrative Citation,
or
contest the Citation, any judgment that maybe rendered against you shall specify the due date
of the civil fine and any additional costs assessed against you
.
When payment is made, yourcheck should be made payableto the Jackson 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 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 Jackson 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 Petition For Reviewwith 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, 1162966. Your
Petition For Review must be filed within 35 days of the dateof service of the present
citation on vou . If you fail to file your Petition, a Default Orderapai nst 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
DATED :
3/41 ,
2006
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3`' Floor
Murphysboro, 1162966
Daniel Brenner
Assistant State's Attorney
REMITTANCE FORM
COUNTY OF JACKSON,
)
Complainant,
)
v .
)
NO. AC 06 -
DAVID SKIDMORE,
)
Respondent .
)
FACILITY :
AVA/DAVID SKIDMORE SITE
COUNTY:
JACKSON
DATE OF INSPECTION: February 28, 2006
SITE CODE :
0778005012
CIVIL PENALTY
:
$4,500.00
Date Remitted
SS/FEIN #
Signature
NOTE
Please include the information on the blank lines . Mail this form with your check to :
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN
THE MATTER OF:
077 800 5012 / Jackson County
Ava / David Skidmore
COMPLIANCE FILE
Subscribed and Sworn To before me
this
day of f' ctr jn
, 2006
l
4 (
r n 2 '
u
/ Notary Public
I
"OFFICIAL SEAL"
TRACY L HARTUNG
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 03104/2006
Respondent .
Affiant, Don Terry, being first duly sworn, voluntarily deposes and states asfollows :
1 .
Affiant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto
.
2 .
On February 28, 2006, between the hours of 10:45 am and 10:55 am, Affiant
conducted an inspection of the open dump site known asAva / David Skidmore,
Jackson County, Illinois .
3
.
Affiant inspected said open dump site by an on-site inspection
.
4 .
As a result of the activities referred to in Paragraphs 2 and 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 David
Skidmore, Ava, Illinois, open dump site .
Don Terry
Solid Waste Inspector
DAVID SKIDMORE
ADMINISTRATIVE CITATION
EXHIBIT A
GENERAL REMARKS
NARRATIVE INSPECTION REPORT DOCUMENT
OPEN DUMP SITE
Date of Inspection :
February 28, 2006
Inspector :
Don Terry
Site Code :
077 800 5012
County :
Jackson
Site Name:
Ava / David Skidmore
Time:
10:45 am -10:55 am
Location: Lat 37.89960
Long -89.51298
GPS Accuracy :
+/- 7 feet
Approximate Volume ofWaste atSite :
60 cu / yds.
During the stated date and time, I conducted an inspection of the site fisted above . This inspection
was made as a follow up to an inspection conducted on July 21, 2005 during which violations
regarding open dumping and open burning were observed . Mr. Skidmore received a VNL
(L-2006-JC102) as a result of this previous inspection as well as verbal warnings on at least two
other occasions during field visits by Health Department staff .
Weather conditions at the time of the inspection were : cloudy with calm winds and a temperature
of approximately 68°F. I was accompanied on this inspection by Bart Hagston of the Jackson
County Health Department .
According to the Jackson County Assessor's Office and the Jackson County Clerk's Office, the site
is owned by David Skidmore of 1 Mineral Springs Dr., Ava, IL.
I arrived at the site and observed what appeared to be a waste pile to the northwest of the main
building (Site Sketch) where I had observed a burn pile during my previous inspection and field
visits. I walked to the location and observed a waste pile consisting of landscape waste, metal wire,
scrap metal, concrete blocks, dimensional lumber and ash (Photos # 1, #2 & #5, Site Sketch)
.
Some of the listed items were charred indicating that they had been burned .
I commented to Mr. Hagston that during a field visit to this site on September 13, 2005, I used a
binder clip to attach a green colored warning tag to a piece of metal in the waste pile directing that
the waste not be burned but be taken to the landfill . Mr. Hagston reached into the burn pile and
retrieved what appeared to be the very same tag (Photo #5, Site Sketch & AttachmentA). Upon
closer examination of the tag, this inspector's name was still visible on it despite that it had been
torn, partially burned and faded from weathering
.
Page 2
077 800 5012
Ava / David Skidmore
February 28, 2006
To the north of the waste pile I observed a field where I had observed abandoned vehicles during
previous inspections. Today I observed no abandoned vehicles in the field and that area appeared
to be in general compliance (Photo #3, Site Sketch) .
To the southeast of the bum pile I observed a pile of construction / demolition debris which had
been open dumped on the site (Photo #4, Site Sketch) .
I walked south from the bum pile to a location south of the building where I observed another burn
pile (Photos #6 - #8, Site Sketch) . This bum pile consisted of ash, landscape waste, dimensional
lumber paper, plastic, a telephone and other materials not readily identifiable .
East of this second bum pile I observed an abandoned mobile home (Photos #9 & #10, Site
Sketch) . The mobile home was missing a door and a window . Waste had been open dumped in a
pile near the abandoned mobile home (Photo #10, Site Sketch) .
At the time of the inspection, the
mobile home was not in use, was not useable in its current condition, and was not stored in such a
way as to protect any future use
.
The total volume of waste at this site was approximately 60 cu / yds .
My inspection ended at approximately 10:55 am
I
Continuing Violations Observed :
Item#1(9)(a): Cause, threaten or allow air pollution in Illinois
;
Item#2(9)(c): Cause or
allow open burning ;
Item#8(21)(n)(3) : Cause
or
allow the open dumping of any waste in a
manner which results in any of the following occurrences at the dump site: (3) Open
Burning:
During this inspection, the continued open dumping of waste resulting in open burning,
threatening to cause air pollution in Illinois was observed
.
Item #5(211(a) : Cause or allow open dumping;
Item #8(21)(1))(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 of general construction or demolition debris ; or
clean construction or demolition debris :
During this inspection, the continued open dumping of
waste resulting in litter and the deposition of general construction or demolition debris was
observed.
Location/Site Name :
Ava / David Skidmore
Date :
02/28/2006 Time: From
10:45 am
To
10:55 am Previous Inspection Date :
07/21/2005
Inspector(s) :
Don Terry
No. of Photos Taken: #
10
Est. Amt. of Waste: 60
yds3 Samples Taken: Yes #
No
Interviewed
:
no one at site
Complaint #: 2003--140
Latitude :
37.89960
Longitude
:
-89.51298
Collection Point Description: Main Gate -
(Example:
Lat.: 41.26493
Long . : -89.38294)
Responsible Party
Mailing Address(es)
and Phone Number(s) :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Jackson
LPC#:
077 800 5012
Region
:
7 - Marion
Mr. David Skidmore
1
Mineral Springs Dr.
Ava, IL 62907
Weather:
68°F -cloudy with calm winds
Collection Method: GPS - Accuracy +/- 7 feet
Revised 10/5/2005
(Open Dump -
1)
SECTION
DESCRIPTION
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
4 .
12(d)
CREATE A WATER POLLUTION HAZARD
5 .
21(a)
CAUSE OR ALLOW OPEN DUMPING
~~
6 .
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- 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 ATITO SITES NOT MEETING REQUIREMENTS OF ACT
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
02
(2)
Scavenging
(3)
Open Burning
FIB
(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 #
077 800 5012
Inspection Date :
02/28/2006
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 10/5/2005
(Open Dump
- 2)
r
(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)
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 :
Not Drawn to Scale
All
Locations Are Approximate
0 -r Indicates
Approximate
Location & Direction of Photos
G = approximate GPS data
collection point
OPEN DUMP INSPECTION
SITE SKETCH
fN
Date OfInspection: February 28, 2006
Inspector:
Don Terry
Site Code:
077 800 5012
County:
Jackson
Site Name:
Ava / David Skidmore
Time:
10:45 am- 10:55 am
Location :
Lat 37.89960
Long -89.51298
GPS Accuracy = +/- 7 feet
Ew3
Photo taken by :
Don Terry
Comments -
Photo taken towards :
West
Photo File Name :
0778005012-02282006-01
Inspection Digital Photo Sheet
Date:
February 28, 2006
Time :
10:50 am
Photo taken by:
Don Terry
Comments -
Photo taken towards
:
Southwest
Photo File Name :
0778005012-02282006-02
Date: February 28, 2006
Site #: 077 800 5012
County:
Jackson
Time :
10:50 am
Site Name :
Ava /
David Skidmore
Photo taken by :
Don Terry
Comments-
Photo taken towards :
North
Photo File Name :
0778005012-02282006-03
Inspection Digital Photo Sheet
Date :
February 28, 2006
Time :
10:50 am
Photo taken by :
Don Terry
Comments -
Photo taken towards
:
Southwest
Photo File Name :
0778005012-02282006-04
Date: February 28, 2006
Site #: 077 800 5012
County :
Jackson
Time :
10:50 am
Site Name: Ava / David Skidmore
Cw3
Photo taken by :
Don Terry
Comments -
Photo taken towards
:
North
Photo File Name :
0778005012-02282006-05
Inspection Digital Photo Sheet
Date :
February 28, 2006
Time :
10:53 am
Photo taken by :
Don Terry
Comments-
Photo taken towards :
Southwest
Photo File Name :
0778005012-02282006-06
Date: February 28, 2006
Site #: 077 800 5012
County :
Jackson
Time :
10:51 am
Site Name: Ava / David Skidmore
Photo taken by :
Don Terry
Comments -
Photo taken towards :
West
Photo File Name :
0778005012-02282006-07
8, 2006
Site # :
077800 5012
Site Name :
Ava /
ore
Inspection Digital Photo Sheet
David Skidm
ar
Date: February 28, 2006
Time :
10:53 am
Photo taken by :
Don Terry
Comments -
Photo taken towards
:
Southeast
Photo File Name :
0778005012-02282006-08
Date :
February 2
County :
Jackson
Time :
10:53 am
Photo taken by :
Don Terry
Comments -
Photo taken towards
:
Southeast
Photo File Name :
0778005012-02282006-09
Inspection Digital Photo Sheet
Date :
February 28, 2006
Time :
10:53 am
Photo taken by:
Don Terry
Comments -
Photo taken towards
:
Southeast
Photo File Name :
0778005012-02282006-10
Date :
February 28, 2006
Site #: 077 800 5012
County :
Jackson
Time :
10:53 am
Site Name: Ava / David Skidmore
Attachment A :
Enlargement of Photo #5
Ava/David Skidmore / 077 800 5012 / February 28, 2006
