INFORMATIONAL NOTICE!!
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) .
RECEIVI
ED
JUN 1 5 2006
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V .
CHARLES L . RIGGINS,
Respondent .
To:
Charles L . Riggins
10364 N
. CR 2800 E
Easton, Illinois 62633
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
NOTICE OF FILING
(IEPA No
. 126-06-AC)
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
.
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
Dated: June 13, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
R
CLERK'S
ECEIVEDOFFICE
JUN
15 2006
Pollution
STATEOF
Control
ILLINOISBoard
RECEIVEDCLERIC'S
OFFICE
JUN 1 5 2006
Pollutlution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
AC O Iy.
6e
)
(IEPA No
. 126-06-AC)
CHARLES L
. RIGGINS,
)
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 Charles L
. Riggins ("Respondent") is the present operator of a facility located at
10364 N
. CR 2800 E, Easton, Mason County, Illinois
. The property is commonly known to the
Illinois Environmental Protection Agency as Easton/Riggins Rust Ranch
.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1250105007 .
3.
That Respondent has owned and operated said facility at all times pertinent hereto
.
4.
That on May 10, 2006, 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
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
VIOLATIONS
Based upon direct observations made by Jan Mier during the course of her May 10, 2006
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)
.
CIVIL PENALTY
On October 6, 2005, the Board found Charles L
. Riggins in violation of Section 21 (p)(1) of
the Act in AC 05-29 .
Because this Administrative Citation addresses a second or subsequent violation of Section
21(p)(1) of the Act, pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004),
Respondent is subject to a civil penalty of Three Thousand Dollars ($3,000
.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
July 30, 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
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
2
in addition to the Three Thousand Dollar ($3,000
.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 .
Date:
(0l1Z
0o)0
Douglas P . S t, Director
„r,4,
Illinois Environmental Protection Agency
Prepared by:
Susan E . Santarelli, 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
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
JUN 1 5
2006
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
Pollution
STATE OF
Control
ILLINOISBoard
)
Complainant,
)
V .
AC l
i(,
r s'
)
(IEPA No . 126-06-AC)
CHARLES L. RIGGINS,
)
Respondent
.
)
FACILITY:
Easton/Riggins Rust Ranch
SITE CODE NO.:
1250105007
COUNTY
:
Mason
CIVIL PENALTY
:
$3,000.00
DATE OF INSPECTION :
May 10, 2006
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
)
Illinois Environmental
)
Protection Agency
)
vs.
)
IEPA DOCKET NO.
Charles Riggins
)
Respondent
)
Affiant,
Jan Mier,
being first duly sworn, voluntarily deposes and states as follows
:
1
. Affiant is a field inspector employed by the Division of Land Pollution Control/Field
Operations Section of the Environmental Protection Agency and has been so employed at
all times pertinent hereto
.
2
. On May 10, 2006, between 10
:10 a.m. and 10
:30 a.m.,
Affiant conducted an
inspection of an open dump, located in Mason County, Illinois and known as
Easton/Riggins Rust Ranch
by the Illinois Environmental Protection Agency
. Said site
has been assigned site code number LPC # 1250105007 by the Agency
.
3
. Affiant inspected said 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
.
„yr),-
Jan
\i
Mier
of
Subscribed and Sworn to Before Me
this
3o day of ?>Z4y5-2006
Notary Public
OFFICIAL SEAL
CHARLENE K . POWELL
NOTARY PUBLIC STATE OF ILLINOIS
My Comm
. Expires March 15, 2008
County : MASON
LPC#:
1250105007
Location/Site Name :
EASTON/RIGGINS RUST RANCH
Date :
5/10/06
Time: From 10:10 AM To 10:30
AM Previous Inspection Date :
4/14/05
Inspector(s) : JAN MIER
No. of Photos Taken : # 15
Est. Amt. of Waste : 200
yds3 Samples Taken : Yes #
Interviewed :
CHARLES GIBBS, Employee
Responsible Party
Mailing Address
and Phone Number :
9(a)
2. 9(c)
SECTION
3.
12(a)
(3)
(4)
(5)
(6)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
CAUSE OR ALLOW OPEN BURNING
DESCRIPTION
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
Open Burning
Deposition of Waste in Standing or Flowing Waters
Proliferation of Disease Vectors
Standing or Flowing Liquid Discharge from the Dump Site
VIOL
El
El
11
U
(1)
Revised 06/18/2001
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
CHUCK RIGGINS
10364 N
. CR 2800 E
EASTON, IL 62633
309/562-7551
CREATE A WATER POLLUTION HAZARD
CAUSE OR ALLOW OPEN DUMPING
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
21(d) OPERATION
:
(1)
Without a Permit
(2)
In Violation of Any Regulations or Standards Adopted by the Board
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE ATITO SITES NOT MEETING REQUIREMENTS OF ACT
21(e) AND
REGULATIONS
CAUSE OR ALLOWTHE OPEN DUMPING OF ANY WASTE IN
A MANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE
:
Weather: 60 F, OVERCAST, FOGGY
(Open Dump
- 1)
Complaint # :
Region: SPFLD
No X
LPC #
1250105007
Inspection Date
:
5/10/06
55(a) NO
PERSON SHALL :
(1) Cause
or Allow Open Dumping of Any Used or Waste Tire
2
Cause or Allow O•en
Burnin of An Used or Waste Tire
APPARENT VIOLATION OF : (Q) PCB ; (Q)
CIRCUIT COURT
14. CASE
NUMBER
: ORDER ENTERED ON
:
15.
OTHER :
Q
Q
Q
Q
Q
Deposition of General Construction or Demolition Debris
; or Clean Construction or
Demolition Debris
Informational Notes
1 .
[Illinois] Environmental Protection Act
: 415 ILCS 5/4 .
2.
Illinois Pollution Control Board
: 35 Ill . 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)
Illinois Environmental Protection Agency
Inspection Narrative
LPC#1250105007
- Mason County
Inspection Date -
5/10/06
Easton/Riggins Rust Ranch
Inspector
- Jan Mier
FOS File
On May 10, 2006, I conducted a re-inspection at the above-referenced site
. An
Administrative Citation was ordered by the Illinois Pollution Control Board against the
property owner, Charles Riggins, on October 6, 2005
. The $1,500
penalty was paid in full on
9/30/05
. Mr
. Riggins has maintained he is collecting materials for selling to antique tractor
collectors at this 13-acre site .
I arrived at 10 :10 a .m
. I knocked on the door and was met by Charles Gibbs, an employee of
Mr. Riggins . He said Mr
. Riggins was staying at Matanzas Beach, near Bath, IL, while he
recuperated from surgery
. I asked if he could walk the property with me so he would know
what to tell Mr
. Riggins . He said he could accompany me
. Due to a morning rain, the bugs
were extremely bad and were flying into my eyes and mouth as I tried to take photos
. A shed
that was next to the house had been demolished, but there was still a great deal of waste on
site . Mr
. Gibbs said he had been loading scrap metal and taking it in for recycling, but he
didn't have the receipts
. He said Mr
. Riggins had taken his paperwork with him
. Rusted
scrap metal was spilling out of a building west of the house (see photo #001)
. I have
documented the waste around the tree in photo #002 in previous inspections
. There appeared
to be no change
. A barn filled with scrap metal and used tires is shown in photo #003 with
mowers, equipment, and rusted metal outside of it
. Along the north side of a building were
used tires on rim, vehicle parts, and scrap metal (see photo
#004) .
The used tractor tires on
rim have been on site since my original inspection (see photo
#005) .
Mr. Riggins has said he
sells the rims to antique tractor collectors and they take the tire with the rim
. Waste is shown
in photo #006, with the addition of a bathroom sink and cabinet
. Photo #007 shows a tractor
with a tree growing through it . The tree trunks are about
3-4" wide
. I told Mr . Gibbs that
this shows how long the tractor has been on site without any parts being taken from it
. He
asked if he cut down the trees, would it still be considered a waste
. I said that due to its poor
and rusted condition it would still be considered a waste
. Photo #008 shows another tractor
with trees growing through it
. A school bus with vegetation growing all around it has been
on site since previous inspections as well
. Tractor parts on a crumbling wooden trailer bed
are shown in photo #010 .
Not related to the antique tractors business, are about fourteen vehicles shown in photos #011
and #013 .
Photo #012 shows two horse trailers in vegetation
. A tank and several used tires
were loaded on to the back of a pickup truck (see photo
#014) .
The off the rim used tire
contained water
. Photo #015 shows more tractors among the vegetation
. I departed at 10 :30
a.m.
cc: DLPC/FOS -
Springfield Region
DLC - Greg Richardson
File Names: 1250105007
- 05102006 -[Exp
. #] .]pg
Page I of8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1250105007 - Mason County
EastonlRiggins
FOS File
Date : 5110106
rime: 10:16 a.m
.
Direction: W
Photo by: Jan Mier
Exposure #: 001
Comments:
Rusted vehicle parts
and wheel barrow
spilling out of building
Date : 5110!06
Time: 10:16 a
.m.
Direction : W
Photo by: Jan Mier
Exposure #: 002
Comments :
Scrap metal and tractor
parts
Page
2d
8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names : 1250105007 - 05102006 -(Exp . #j.jpg
LPC #1250105007 - Mason County
Easton/Riggins
FOS File
Date : 511006
Time: 10:16 am.
Direction: NE
Photo by: Jan Mier
Exposure #: 003
Comments
:
Mowers, vehicle parts,
lumber and scrap metal
Date: 5110106
Tire: 10:16 a.m.
Direction : SW
Photo by: Jan Mier
Exposure # : 004
Comments :
Used tires on rim,
vehicles parts and
scrap metal
Page
3 of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 1250105007
. 05102006 -[Exp
. #].jpg
LPC #1250105007
- Mason County
EastonlRiggins
FOS File
Date: 5110106
Time
: 10 :17 a.m.
Direction: W
Photo by
: Jan Mier
Exposure
Comments#:
: 005
Used tires on the rim
DateTime:
:
511010610:17
a.m.
Direction: SW
Photo by
: Jan Mier
Exposure # : 006
Comments
:
Tractor,
lumber and
sink,
metalcabinet,
Page 4of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names : 1250105007 -
05102006 -[Exp . #].jpg
LPC #1250105007 - Mason County
EastonlRiggins
FOS File
Date: 5110/06
Time: 10:18 a .m.
Direction : N
Photo by: Jan Mier
Exposure # : 007
Comments :
Rusted tractor with tree
growing through it
Date: 5110106
Time: 10:18 a.m.
Direction : W
Photo by: Jan Mier
Exposure #: 008
Comments:
Another rusted tractor
with tree growing
through it
DIGITAL PHOTOGRAPHS
File Names
: 1250105007 -
05102006 -[Exp.
#I.1pg
Page 5 of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250105007
- Mason County
Easton/Riggins
FOS File
Date: 5110106
Time: 10:19 a.m.
Direction : E
Photo by
: Jan Mier
Exposure # : 009
Comments
:
School bus
Date: 5110106
Time: 10:19 a.m.
Direction : SW
Photo by: Jan Mier
Exposure #
: 010
Comments :
Tractor parts and
dissipated wooden
trailer bed
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control .
DIGITAL PHOTOGRAPHS
File Names
: 1250105007 -
05102006 -(Exp .
#I.Jpg
Page 6 of 8
LPC #1250105007
- Mason County
Easton/Riggins
FOS File
Date: 5110106
Time: 10:20 a.m.
Direction : SW
Photo by : 11
Comments:
Abandoned vehicles
Date: 5/10106
Time: 10:20 a.m.
Direction : E
Photo by : Jan Mier
Exposure #
: 012
Comments
:
Metal and wood horse
trailers
Page 7 of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 1250105007 - 05102006 -[Exp . #]
.jpg
LPC #1250105007 -Mason County
Easton/Riggins
FOS File
Date : 5110106
Time: 10:20 a .m.
Direction : W
Photo by: Jan Mier
Exposure # : 013
Comments :
Rusted tractors with
abandoned vehicles in
background
Date: 5110106
rime: 10:21 a .m.
Direction : S
Photo by: Jan Mier
Exposure #
: 014
Comments :
Used tires with water in
the off rim tire
File Names : 1250105007
-
05102006 -[Exp . #] .jpg
Page 8018
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1250105007' - Mason County
Easton/Riggins
FOS File
Date: 5110/06
Time: 10:22 a .m.
Direction: E
Photo by: Jan Mier
Exposure # : 015
Comments:
Rusted tractors in
vegetation
PROOF OF SERVICE
I hereby certify that I did on the 13`x'
day of June 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:
Charles L . Riggins
10364 N
. CR 2800 E
Easton, Illinois 62633
Certified
#7004 2510 0001 8590 3579
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
Certified
#7004 2510 0001 8590 3562
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Michelle M . Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
