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June 7, 2006
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Re :
County of Perry v. Mike Tilley
County AC# PC-2006-015
Site Code: 1450105068
Inspection Date: 4/27/06
Dear Clerk Gunn
:
Enclosed for filing with the Board is the Administrative Citation packet issued against
Mike Tilley .
RECEIVED
JUL
1 2 2006
Pollution
STATE OF
Control Board
The Respondent's mailing address is 505 South Street Dowell, IL 62927 . I will send you
the date, and proof of such, of service of the Citation on the Respondent. The site is known as
the Mike Tilley site
.
Please acknowledge receipt and filing of the enclosed materials . Thank you .
Sincerely,
enclosures
I
/ i.s s
l At
I
O"`
D,
dS
..
 
County of Perry,
CLERKS
V
CE D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDJIJL 12 2006
STATE OF ILLINOIS
Pollution Control Board
v .
)
County AC #: PC-2006-010
Mike Tilley,
)
Respondent .
)
NOTICE OF FILING
TO
:
Mike Tilley
505 South Street
Dowell, IL 62927
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 .
Complainant,
6/7/06
Perry County Courthouse
1 Public Square
Pinckneyville, IL 62274
id St
ton
erry County State's Attorney
THIS FILING IS SUBMITTED ON RECYCLED PAPER
 
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL 1 2 2006
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County o&Ftny .
avid St
on
Perry County State's Attorney
STATE OF ILLINOIS
,
Pollution Control Board
County of Perry,
)
Complainant,
)
V
.
)
County AC #: PC-2006-010
c
ot
'/
Mike Tilley,
)
Respondent
.
)
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD JUL
1 2 2006
ADMINISTRATIVE CITATION
STATE OF
ILLINOIS
County of Perry,
Pollution Control
Board
)
Complainant,
)
v .
)
County AC #: PC-2006-010
'U
Mike Tilley,
l
)
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 5/31 .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
#1450105068
.
The facility is
known to the Agency as the Mike Tilley site
.
3. The Respondent has occupied, controlled and/or operated the facility at all relevant
times hereto .
4. On April 27, 2006, Field Inspector, Gary Steele, 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 Gary Steele's direct observation during the cause of his
April 27, 2006 inspection of the above named fdciliV, he has determined that the Respo
jn&nt I s
 
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).
(2) That Respondent caused or allowed the open dumping of waste in a manner resulting
in open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS 5/21(p)(3) (2002)
.
(3) That Respondent caused or allowed the open dumping of waste in a manner resulting
in deposition of general construction or demolition debris or clean construction or demolition
debris, a violation of Section 21(p)(7) of the Act, 415 ILCS 5/21 (p)(7) (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) for each violation specified above in paragraph 1,
for a total of Four Thousand Five Hundred Dollars ($4,500.00) .
This is total ofFour Thousand
Five Hundred Dollars ($4,500.00) 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 Four Thousand Five
Hundred Dollars ($4,500.00
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
Per y 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: June 7, 2006
t
 
RECEIVED
CLERK'S
OFFICE
JUL 1 2 2006
Date Remitted
SS/FEIN #
Signature
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
REMITTANCE FORM
County of Perry,
Complainant,
)
)
STATE
PollutionCont
O
ILLINIQJ
of Board
v .
Mike Tilley,
) County AC #: PC-2006-010
)
I
Q 5
Respondent.
)
C~
FACILITY
:
COUNTY
:
DATE OF INSPECTION
:
Mike Tilley Site
Perry
4/27/06
SITE CODE
:
1450105068
CIVIL PENALTY :
$4,500.00
 
RECEIVED
CLERK'S
OFFICE
JUL 1 2 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Pollution
on
OF
fLLl
ntrol 6.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
)
Complainant,
)
IEPA DOCKET NO
.
v .
1
,~3
Mike Tilley
Respondent
.
)
AFFIDAVIT
Affiant, Gerald E. Steele, being first duly sworn, voluntarily deposes and states as follows
:
1. Affiant is a field inspector employed by the Land Pollution Control Division of the
Illinois Environmental Protection Agency and has been so employed at all times pertinent hereto
.
2. On April 27, 2006, between 12 :30 p.m. and 1 :30 p.m., Affiant conducted an inspection
of a disposal site operated by Mike Tilley, located in Perry County, Illinois, and known as the
Mike Tilley open dump by the Illinois Environmental Protection Agency. Said site has been
assigned site code number 1450105068 by the Agency
.
3. Affiant inspected said Mike Tilley open dump 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 Mike Tulley open dump site
.
Subscribed and Swo
to before me
this ELI/2% day of a /
~006
Notary Public
GES:jkb/26131/06-13-06
'OFFICIAL SEAL"
RONALDE. MORSE
Notary Public, State of Illinois
MY Commission Expires 2/21/10
 
RECEIVED
CLERK'S OFFICE
JUL 1 2 2006
Perry County Solid Waste Management Departmp
ThTE OF ILLINOIF
Lion Control Boa .
Narrative Inspection Report
Site # :
1450105068
Date : April 27, 2006
County: Perry
Inspectors : Gary Steele
Subject:
Mike Tilley Open Dump
On Thursday, April 27, 2006 an open dump site inspection was conducted at the
Mike Tilley
property. The inspection was performed as a follow up to a 6/15/05 inspection. Gary Steele and I
arrived at the Mike Tilley property at approximately 12 :30p.m .
Several of the mobile home seen during the previous inspection are not there . A doublewide
mobile home had been set up near the front of the property .
While it was leveled and had steps,
skirting had not yet been installed. Two other mobile homes were seen at this time
. They were in
the same location and condition as seen on June 15, 2005. One of these had no siding, and holes in
the walls exposed the interior to the elements . The other mobile home, while leveled and with step
was becoming overgrown with weeds. Three of the waste vehicles have been moved to the front of
the property .
The remaining waste vehicles, including the two semi tractors, are in the same
locations as 6-15-06. None of these vehicles have current plates
.
Some of them are becoming
overgrown with weeds, or have been . A boat, camper trailer, and pick-up bed trailer were also seen
on site. These were not in use, not usable in their current condition, and not being protected for
future use. The boat and one or the trailers were barely visible through vegetative growth
.
A pile consisting of trees, building waste, tire remnants and general refuse was seen smoldering in
the central part of the site. This measured approximately 8 yards by 5 yards by one yard
. A separate
bum pile location was seen in the northwest part of the site . This measured 1 pile contained about
1
cubic yard of waste, and included logs and tire remnants . The concentric nature of wire from the
tires and the scorched ground indicated the burning had occurred on-site. Scattered over the
approximate 1 acre portion of the site were metal pipe, tires, wood, building materials, and car parts
.
These were on the ground and or exposed to the elements . The inspection ended at 1 :30p.m .
The following conditions, which constitute violations, were observed
:
Line 1,2, and 8 (3); Air pollution, open burning, and open dumping resulting in open burning
:
Construction/demolition debris, tires, and general refuse were observed being open burned on this
property. Remants from past on-site open burning of tires was also observed
.
Line 3 and 8 (1 & 7) ; Open dumping, and open dumping resulting in litter and deposition of
general construction demolition debris
: Genreal refuse and construction/demolition debris were
observed in the smoldering bum pile. Additional construction demolition debris in the form of
building materials(windows, railings, a fire place, etc .) were observed scatted on the ground
throughout this property . A mobile home with no siding and holes in the walls was observed
. These
items were exposed to the elements, and were unsightly . Several waste vehicles were scattered over
the site. These were not in use, not usable in their current condition, and were not being protected
 
for future use. Other metal wastes were observed on the ground and exposed to the elements
.
 
ILLINOIS ENVIRONMENTAL PROTECTION AGEN6 CEIVEC
Open Dump Inspection Checklist
LERKSOFFICE
JUL 1 2 2006
County :
Perry
LPC# :
1450105068
Region
:
St 1
gJP'1LLINnnut
Location/Site Name
:
DuQuoin/Mike Tilley Property
Pollution eontrc
a
Date:
04/27/2006 Time: From 12:30p.m. To 1 :00p.m
.
Previous Inspection Date: 06/16/2005
Inspector(s)
:
Jason Van Zandt/Gary Steele
Weather :
Sunny 70's
No .
of
Photos Taken : #
Interviewed
:
Latitude :
(Example :
Lat.:41 .26493
Responsible Party
Mailing Address(es)
and Phone Number(s)
:
Revised 10/5/2005
11
Est. Amt .
of
Waste :
yds3 Samples Taken: Yes #
Complaint #: C-05-102
Collection Point Description
:
-
Collection Method :
-
Longitude :
Long.: -89.38294)
Mike
Tilley
505
South Street
Dowell,
IL 62927
(Open Dump -
1 )
Mike
Tilley
P.O. Box 205
DuQuoin,
IL 62832
No Q
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
ro
2
.
9(c)
CAUSE OR ALLOW OPEN BURNING
or
3 .
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4 .
12(d)
CREATE AWATER POLLUTION HAZARD
5 .
21(a)
CAUSE ORALLOWOPEN DUMPING
110
6 .
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
N
(2)
In Violation
of
Any Regulations or Standards Adopted by the Board
F~
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
OR
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-
Litter
04
(1)
(2)
Scavenging
Open Burning
031
(3)
(4)
Deposition
of
Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
j6 )
Standing or Flowing Liquid Discharge from the Dump Site
1
 
LPC #
Inspection Date
:
10 .
11
.
12 .
13 .
OTHER REQUIREMENTS
14 .
15 .
812.101(a)
722.111
808.121
809.302(a)
OTHER
:
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
HAZARDOUS WASTE DETERMINATION
SPECIAL WASTE DETERMINATION
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
APPARENT VIOLATION OF : ([I) PCB
;
(0)
CIRCUIT COURT
CASE NUMBER
:
ORDER ENTERED ON :
El
0
O
El
O
a
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
Informational Notes
[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)
(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
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 1450105068
Perry County/DuQuoin/MikeTilley
FOS File
Date: 4/27/06
Time: 12:35
Direction: S
Photo by :
Jason VanZandt
Exposure #: 001
Comments :
Date:4/27/06
Time: 12:36
Direction: S
Photo by :
Jason VanZandt
Exposure #: 002
Comments :
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 1450105068
Perry County/DuQuoin/MikeTilley
FOS File
Date: 4/27/06
Time: 12:36
Direction: E
Photo by :
Jason VanZandt
Exposure #: 003
Comments :
Date: 4/27/06
Time: 12:37
Direction: E
Photo by :
Jason VanZandt
Exposure # : 004
Comments
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 1450105068
Perry County/DuQuoin/MikeTilley
FOS Fije
Date: 4/27/06
Time: 12:38
Direction: E
Photo by :
Jason VanZandt
Exposure #: 005
Comments :
Date: 4/27/06
Time : 12:38
Direction: W
Photo by :
Jason VanZandt
Exposure #: 006
Comments :
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 1450105068
Perry County/DuQuoin/MikeTilley -
FOS File
Date : 4/27/06
Time: 12:45
Direction: E
Photo by :
Jason VanZandt
Exposure #: 007
Comments :
Date: 4/27/06
Time: 12:45
Direction: E
Photo by :
Jason VanZandt
Exposure #: 008
Comments :
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 1450105068
Perry County/DuQuoin/MikeTilley
FOS File
Da e: 4/27/06
Time: 12:45
Direction: S
Photo by :
Jason VanZandt
Exposure #: 009
Comments :
Date: 4/27/06
Time: 12:46
Direction: S
Photo by :
Jason VanZandt
Exposure #: 010
Comments :
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 1450105068
Perry County/DuQuoin/MikeTilley
FOS File
Date: 4/27/06
Time: 12:35
Direction: E
Photo by:
Jason VanZandt
Exposure # : 011
Comments :
 
COMPLETE THIS SECTION ON DELIVERY
SENDER :
COMPLETE THIS SECTION
A. Signature
X
So
I
D,a
of
4. Restricted Delivery?
(Extra Fee)
0 Yes
Agent
dresses
ry
Y o6
∎ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired .
•
Print your name and address on the reverse
so that we can return the card to you
.
•
Attach this card to the back of the mailpiece,
or on the front if space permits
.
1 . Article Addressed to :
he (;
I
(e7/
Soy
So14+h s+-Ict1-
L)
o~,,erl, LL 62927
D. Is delivery address different from item 1?
0 Yes
If YES, enter delivery address below:
0
No
Type
Certified Mall
0
Express Mall
0 Registered
0 Return Receipt for Merchandise
0 Insured Mall
0 C.O.D.
2. Article Number
7005 1820 0004 8642 3321
(Transfer from
service I
PS Form
3811,
February
estic eturn Receipt
102595 .02-M-1540

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