COPY
BEFORE THE 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.
(2005), specifically 415 ILCS 5/31
.1 .
FACTS
1 .
The Respondent, George C
. Heal, is the contract buyer and in control and
possession of a facility located in the County of Ogle, State of Illinois
.
2.
The Respondent, George C
. Heal, is the present operator of a facility
located in
the County of Ogle, State of Illinois
.
3.
The facility is an open dump, operating without an Illinois Environmental
Protection Agency Operating Permit, and designated with the Site Code #
1418175005 . The facility is known to the Agency as Heal-Carpenter
.
4.
That respondent, George C
. Heal, has occupied, controlled and/or operated the
facility at all relevant times hereto .
5 .
That on April 21, 2006, Steve Rypkema, Director, Ogle County Solid Waste
Management Department, inspected the facility in response to a citizen
complaint made to the Ogle County Solid Waste Management Department
. A
ADMINISTRATIVE CITATION
RECEIVEDCLERK'S
OFFICE
County of Ogle
)
JUN 1 6 2006
Complainant,
)
STATE OF ILLINOIS
v.
)
AC# 06-
s 3
Pollution Control Board
George C . Heal
)
Respondent.
)
(Administrative Citation)
true and correct copy of the inspection report, along with an affidavit are
attached . R
VIOLATIONS
On the basis of Steve Rypkema'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
:
1 .
The RespgQ4qnUhas caused or allowed openburning of waste in violation of
415 ILCS 5/21(p)(3) .
2.
The Respondent has caused or allowed the deposition of general construction
or demolition debris, 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),
the Respondent is subject to a civil penalty of
$1,500.00
for each violation specified above . This is a total of $3,000 .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 fine
.
If you acknowledge the violations cited herein above, the civil penalty shall be due and
payable no later than 35 days from the date of service hereof . 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 may be rendered against you
shall specify the due date of the civil fine and any additional costs assessed against you
.
When payment is made, your check should be made payable to the Ogle County Solid
Waste Fund and mailed to the attention of John Coffman, Ogle County Treasurer, P
.O. Box 40,
Ogle County Courthouse, Oregon, Illinois, 61061
. 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 Ogle 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 Review with the Clerk of the Illinois Pollution
Control Board
. A copy of the Petition For Review shall be filed with the Ogle County State's
Attorney
.
Your Petition For Review must be filed within 35 days of the date of service of
the present citation on vou . If you fail to file your Petition, a Default Order against 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
Copies must also be sent to the:
DATED:
) Yvuc7cc
C:
IEPA Rockford
IEPA Springfield
OCSWMD File
Office of the State's Attorney
Ogle County Courthouse
Oregon, IL 61061
Ogle County Solid Waste Management Department
909 W. Pines Road
Oregon, IL 61061
Michael Mza,
Ogle County Assistant State's Attorney
Date Remitted
SS/FEIN #
NOTE
Signature
Please include the information on the blank lines and sign it .
Ogle County Solid Waste Fund
Ogle County Treasurer
Ogle County Courthouse
P.O. Box 40
Oregon, IL 61061
Mail this form with your check to :
REMITTANCE FORM
RECEIVED
CLERK'S OFFICE
County of Ogle
Complainant,
V.
)
AC# 06-
3
JUN 1 6 2006
Pollution
STATE OF
Control
ILLINOISBoard
George C. Heal
Respondent.
FACILITY
:
COUNTY:
DATE OF INSPECTION :
Heal-Carpenter
Ogle
April 21, 2006
SITE CODE :
1418175005
CIVIL PENALTY :
$3000.00
County of Ogle
Complainant,
)
v.
)
George C. Heal
Respondent .
)
Subscribed and Sworn to Before Me
nr ^
A
this4Q Day of
~1
~
U~
Notary Public
J:\Enforcement Docs 200441dministrative Citalions\Affdavit
State of Illinois, Ogle County
Affidavit
AC #06-
Affiant, Stephen J. Rypkema, being first duly sworn, voluntarily deposes and states as follows
:
1
.
Affiant is a field inspector employed by the County of Ogle and has been so employed at all times pertinent
hereto.
2.
On April 21, 2006, between 9 :45 a.m . and 1 :05 p .m
., Affiant conducted an inspection of the open dump site
located in Ogle County, Illinois and known as Heal-Carpenter
. Illinois Environmental Protection Agency
Site No . #1418175005 .
3 .
Affiant inspected said Heal-Carpenter site by an on-site inspection which included walking and
photographing the site and interviewing the contract buyer of the property, George C
. Heal .
4.
As a result of the activities referred to in Paragraph 3 above, Affiant completed the Inspection Checklist
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 Heal-
Carpenter site.
J . Ryp m
RECEIVEDCLERK'S
OFFICE
JUN 1 6 2006
Pollution
STATE OF
Control
ILLINOISBoarr
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
County:
Open Dump Inspection Checklist
COPY
Ogle
LPC#:
1418175005
Region : 1 - Rockford
Location/Site Name :
Heal-Carpenter
Date :
04/20/2006 Time : From 9
:45 am
To 1:05 pm
Previous Inspection Date :
Inspector(s):
S. Rypkema
Weather : P. Cloudy, 70 Deg . F, Winds SW 10-15 MPH
No . of Photos Taken : # 22 Est. Amt. of Waste : 600
yds3 Samples Taken : Yes #
No
Interviewed :
George C. Heal
Latitude:
(Example : Lat. : 41 .26493
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
Longitude:
Long .
: -89
.38294)
Complaint #: 2418
Collection Point Description : -
Collection Method : -
George C
. Heal
1581 E. Deerpath Lane
Franklin Grove, IL 61031-0099
(Open Dump - 1)
Robert D
. Carpenter
3354 Sunshine Road
Milledgeville, IL 61051
SECTION
DESCRIPTION
VIOL
ILLINOIS
'ENVIRONMENTALPROTECTION ACT-REQUIREMENTS,,
1 .
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
1162
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
VA
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
1162
6. 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
VA
(2)
In Violation of Any Regulations or Standards Adopted by the Board
1A
7 . 21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
1A
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
(2)
Scavenging
(3)
Open Burning
1143
(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
#
1418175005
Inspection Date :
04/20/06
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
and regulations
of the
cited
Agency
are
or
in
as
summary
limiting
formatthe
.
Agency's
Full text
statutory
of requirements
or regulatory
can be found
powersin .
references
Requirements
listed
of
in
some
1 .
statutesand
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)
(7)
Deposition
Demolition
of
DebrisGeneral
Construction or Demolition Debris ; or Clean Construction or
100
9. 55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumpinq of Any Used or Waste Tire
El
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS .
knSUBTIT.LE 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
U
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
=
:
a
RREQUIREMEN?S,
14.
APPARENT VIOLATION OF
:(
) PCB;
(∎) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON :
15. OTHER :
LI
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
NARRATIVE INSPECTION REPORT DOCUMENT
Date of Inspection: 4/21/06
Inspector: S. R
. Rypkema
Site Code : 1418175005
County: Ogle
Site Name
: Heal - Carpenter
Time : 9:45 - 1:05 p.m.
General Remarks
4/21/06 - 9 :40 a.m
. Complainant called to report that a barn or house was knocked down
yesterday and it is now burning
. Said they saw an article regarding demo waste in the newspaper
.
9:45 a .m
. SR arrived at the site, two demolished barns were burning in two separate piles
.
Several laborers were throwing hoses and lumber onto the fire
. I parked and a man walked up to
me
. I identified myself and asked who was in charge
. He said his name was Chris Heal and he
owned the property and admitted to setting the fires
. I informed him that open burning of
demolition debris is prohibited in Illinois by the IL Environmental Protection Act
.
He said he had "called the County and they said it was OK."
He said he had talked to the
Sheriffs Dept
. to inform them that he was going to do a "controlled bum," and the dispatcher
said it was OK
. He added that he had also talked to the Planning and Zoning Department to ask
if a permit was needed to demolish a barn, and was told that no permit is required, but if he
wanted to remove the structures from the tax role, an application for Zoning Certificate should be
completed
. He understood that to mean that it was OK to demolish and burn the buildings
.
I told him that the fires must be extinguished and asked if he would like to call the fire
department or have me do it
. He then called the Sheriffs Dept
. to have the fire department called
to the scene .
At around 10 :05 a.m.,
the Oregon Fire Department arrived and began extinguishing the fire
.
Since no water hydrant was available, they had to set up a portable water tank and continue to fill
it with tanker trucks running from the site to the fire station to refill with water
.
The Oregon Fire Department determined they needed help to extinguish the fires so they
requested assistance from neighboring fire departments
. Shortly thereafter fire departments from
Mt
. Morris, Byron, Stillman Valley, Polo, Ashton/Franklin Grove arrived to assist
. They set up a
second portable water tank and began shuttling tanker trucks to provide adequate water for the
effort
. They continued to battle the fires for about 2 1/2 hours, until they were completely
extinguished .
In order to completely extinguish the fires, Oregon Fire Department Captain, Randy Travis,
asked Mr
. Heal if there was someone who could operate the backhoe on site, which was used to
demolish the buildings
. Jeff Pitzer, of Pitzer Excavating, was called to the site and arrived later
to spread out the demolition debris so any hot spots could be thoroughly put out
.
While the fire was being put out, I spoke with Mr . Heal several times about the fire, and various
laws and regulations regarding open burning of waste
. I gave him copies of the Open Burning
Regs., an article about Open Burning of Waste, and an article about proper disposal of
Demolition Debris . I told Mr . Heal that the article about construction and demolition debris was
in the current Ogle County Life newspaper. He said he does not read the newspaper. I explained
that we have offered training to local builders and contractors and have put articles about the
laws regarding open burning of waste in the newspapers . He said he didn't realize it was illegal,
or he wouldn't have done it
. He was very cooperative throughout the entire event .
Hementioned that he has also contacted the Rockford IEPA office and spoke with someone about
a barrel of hanardous waste he had found on the property. The person provided disposal options
to him. He claimed that he had also discussed the demolition of the barns with him and asked if
a permit was needed. He said he was told no permit was needed .
Randy Travis, Oregon Fire Department Captain, in charge of the firefighting effort, asked me if
the fire needed to be completely out and I said yes, to avoid having them return to the site later .
The fire was completely out by about 12 :30 p.m. I left the site about 1 :05 p.m.
S
N
O
d
Uwsfc
/7 S Oaysvif/e
State of Illinois
Environmental Protection Agency
SITE SKETCH FORM
Date
Site
of
CodeInspection
:
/'//c'/7svos'
:
'9/0/66'
InspectorCounty
:
O
:
gle
S
County
. R~rlk~~ a
SiteName
: Ilea(- Ca
nier Time:
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X
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North
4Votdrawn to scale
Numbers denote
photo location &
direction
LPC #1418175005 Heal-Carpenter -
Ogle County
Photos By : S. J. Rypkema
DATE: 04/20/2006
TIME: 9:55 a.m.
DIRECTION: NE
PHOTO FILE NAME :
1418175005-04202006-001
COMMENTS :
Shows larger fire shortly after inspector
arrived .
DATE : 04/20/2006
TIME: 9:56 a.m.
DIRECTION: N
PHOTO FILE NAME :
141817500504202006-002
COMMENTS :
View of fire I from south side .
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC # 1418175005 Heal-Carpenter- Ogle County
Photos By : S . J. Rypkema
DATE: 04/20/2006
TIME: 9:57 a.m.
DIRECTION: N
PHOTO FILE NAME
:
1418175005-04202006003
COMMENTS:
East end of fire 1, from south side, prior to
it catching fire .
DATE : 04/20/2006
TIME: 9:57 a.m.
DIRECTION : N
PHOTO FILE NAME
:
1418175005-44202006004
COMMENTS :
Closer view of southwest corner of fire 1
.
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter - Ogle County
Photos By : S
. J . Rypkema
DATE: 04/20/2006
TIME: 9:57 a.m
.
DIRECTION: NE
PHOTO FILE NAME :
1418175005-04202006-005
COMMENTS:
View of fire from west end.
DATE : 04/20/2006
TIME: 9 :58 a.m.
DIRECTION: SE
PHOTO FILE NAME :
1418175005-04202006-006
COMMENTS :
View of fire 1 from northwest corner .
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter - Ogle County
Photos By : S . J. Rypkema
DATE : 04/20/2006
TIME: 9:59 a.m.
DIRECTION : S
PHOTO FILE NAME :
1418175005-04202006--007
COMMENTS
:
Fire 2 located southwest of two silos on site .
DATE : 04/20/2006
TIME: 10:00 a.m.
DIRECTION : E
PHOTO FILE NAME :
1418175005-04202006-008
COMMENTS:
View of fire 2 from northwest corner .
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter
-
Ogle County
Photos By : S. J
. Rypkema
DATE : 04/20/2006
TIME: 10 :10 a.m
.
DIRECTION: E
PHOTO FILE NAME :
1418175005- 04202006--009
COMMENTS:
Oregon Fire Department using portable
water tank to extinguish fire
.
DATE: 04/20/2006
TIME: 10:10 a.m.
DIRECTION : E
PHOTO FILE NAME
:
1418175005---04202006-010
COMMENTS :
Fire fighters working to put out fire .
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter - Ogle County
Photos By : S. J
. Rypkema
DATE: 04/20/2006
TIME: 110:19 a.m.
DIRECTION: E
PHOTO FILE NAME :
1418175005--04202006011
COMMENTS :
Mt. Morris Fire Dept. bringing water to the
site.
DATE: 04/20/2006
TIME: 10:37 a.m.
DIRECTION : SE
PHOTO FILE NAME :
141817500504202006012
COMMENTS :
Fire being extinguished .
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter
- Ogle County
Photos By : S . J . Rypkema
DATE: 04/20/2006
TIME: 10:38 a.m.
DIRECTION
: S
PHOTO FILE NAME
:
1418175005--44202006013
COMMENTS:
Fire 2 being extinguished by fire fighters
DATE: 04/20/2006
TIME: 10:38 a.m
.
DIRECTION : S
PHOTO FILE NAME :
1418175005-04202006-014
COMMENTS :
Fire 2 being extinguished
.
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter - Ogle County
Photos By : S . J. Rypkema
DATE : 04/20/2006
TIME: 10 :52 a.m.
DIRECTION : SW
PHOTO FILE NAME :
1418175005-04202006-015
COMMENTS
:
Crew providing water to put out fire 2 .
DATE : 04/20/2006
TIME: 10:52 a.m.
DIRECTION : S
PHOTO FILE NAME
:
141817500504202006-016
COMMENTS :
Firefighters applying foam to fire 2 .
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter-Ogle County
Photos By : S. J . Rypkema
DATE : 04/20/2006
TIME: 9 :55 a.m.
DIRECTION
: NE
PHOTO FILE NAME :
1418175005--04202006017
COMMENTS:
Fire 2 being extinguished.
DATE: 04/20/2006
TIME : 11 :09 a.m.
DIRECTION: E
PHOTO FILE NAME :
1418175005-04202006--018
COMMENTS:
Fire 1 .
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter -
Ogle County
Photos By : S . J. Rypkema
DATE: 04/20/2006
TIME: 11 :14 a.m.
DIRECTION: E
PHOTO FILE NAME :
141817500504202006-019
COMMENTS :
Fire 1 .
DATE: 04/20/2006
TIME : 11 :45 a.m.
DIRECTION: E
PHOTO FILE NAME :
141817500504202006-020
COMMENTS:
Demolition contractor Pitzer, called in to
help spread the demolition debris to help
extinguish fire.
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1418175005 Heal-Carpenter -Ogle County
Photos By: S. J
. Rypkema
DATE: 04/20/2006
TIME : 9:55 a.m.
DIRECTION
: NE
PHOTO FILE NAME :
1418175005-04202006-021
COMMENTS:
Fire 1 almost out
.
DATE: 04/20/2006
TIME : 12 :36 a.m
.
DIRECTION: E
PHOTO FILE NAME :
1418175005-04202006-022
COMMENTS:
Fire 1 extinguished.
DIGITAL PHOTOGRAPH PHOTOCOPIES
NOTICE OF CORRECTIVE ACTION REQUIRED FOR OPEN DUMPS
County of Ogle
Facility # 1418175005
- Ogle County
Facility Name
: Heal-Carpenter
Complainant
vs.
George C. Heal,
Respondent
COMPLIANCE FILE
WARNING
: CORRECTIVE ACTION REQUIRED
To contest the Administrative Citation you have received you must follow the
instructions provided in the Administrative Citation
. You may be served with
additional
Administrative Citations if you fail to complete the following
corrective actions, and are found to be in violation of Section 21(p) of the
[Illinois] Environmental Protection Act
. Additional inspection(s) will be
conducted to verify cleanup and compliance
.
YOU MUST COMPLETE THE
FOLLOWING CORRECTIVE ACTIONS
:
#1
Immediately cease all open dumping and open burning of waste
.
#2
By June 1, 2006, remove all waste to a permitted landfill or transfer station
. Scrap metal
not disposed at a landfill can be taken to a scrap metal facility or recycling center
.
#3
By June 1, 2006, remove all used or waste tires to registered tire storage or tire disposal
facility
. Used or waste tires cannot be taken to a landfill or transfer station for the purpose
of disposal . Do not open burn any of the tires
. Loads of more than 20 tires must hauled by
a registered tire transporter
.
#4
By June 30, 2006, submit to Ogle County Solid Waste Management Department copies of
receipts that document the proper disposal or recycling of the wastes
.
Any written response submitted in reply to the corrective action requirements of this notice must
be sent to :
Stephen J . Rypkema, Director
Ogle County Solid Waste Management Department
909 W. Pines Road
Oregon, IL 61061
On any correspondence you send concerning this matter, please reference the IEPA designated
facility number and facility name listed on the first page of this notice .
Should you have any questions concerning this notice or need further assistance contact
OCSWMD at 815-732-4020.
Ste
en J. R
).rector
Date:
0~~
J'.\Enfwcement Docs 2000Wdministrative CitationsWotice of Corrective Action Required Ogle County.doc
