RECEIVED
CLERKS
OFFICE
SEP 1 8
2006
Pollution
STATE OF
Control
ILLINOISBoard
INFORMATIONAL NOTICE ! ! !
AA
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).
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v .
)
(IEPA No . 252-60-AC)
GLENN and BRENDA YORK,
)
Respondents
.
)
To: Glenn and Brenda York
P.O. Box 187
Jacksonville, Illinois 62650
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,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
CLERK'S
ECEIVEDOFFICE
ADMINISTRATIVE CITATION
SEP 16 2006
Pollution
STATE OF
Control
ILLINOISBoard
NOTICE OF FILING
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: September 12, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
V .
)
GLENN and BRENDA YORK,
)
Respondents .
AC
61'1'5
(IEPA No . 252-06-AC)
RECEIVEDCLERK'S
OFFICE
SET 1 8 2006
Pollution
STATE OF
Control
ILLINOISBoard
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 Glenn and Brenda York are the present owners and operators of a facility
located at 1847 S
. Main Street, Jacksonville, Morgan County, Illinois . The property is commonly
known to the Illinois Environmental Protection Agency as Jacksonville/York .
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1370200046 .
3 .
That Respondents have owned and operated said facility at all times pertinent hereto
.
4.
That on July 26, 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
.
VIOLATIONS
Based upon direct observations made by Jan Mier during the course of her July 26, 2006
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)
(2004) .
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), 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
October 15, 2006, 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 (2004), 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) (2004), 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, 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, 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 (2004). If Respondents elect to contest
this Administrative Citation, then Respondents 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 Respondents .
~'&a:u
Date:
q/11
Douglas P . Scott, Director
.
.rt-c-
Illinois Environmental Protection Agency
Prepared by:
Susan E . Konzelmann, 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
REC EIOV/ED
REMITTANCE FORM
SEP
)
a
2006
ILLINOIS
PROTECTION AGENCY,ENVIRONMENTAL
)
Pollution
STATE OF
Control
ILLINOISBoard
)
Complainant,
)
AC of-1
V .
)
(IEPA No. 252-06-AC)
GLENN and BRENDA YORK,
)
Respondents .
)
FACILITY
:
Jacksonville/York
SITE CODE NO . :
1370200046
COUNTY:
Morgan
CIVIL PENALTY:
$1,500 .00
DATE OF INSPECTION
:
July 26, 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
County :
MORGAN
LPC#:
1370200046
Location/Site Name
: JACKSONVILLE/YORK
Date
:
07/26/2006 Time : From 12 :50 P
To 1:05 P
Previous Inspection Date :
Inspector(s) : JAN MIER
Weather: 95 F, SUNNY
No . of Photos Taken
: # 5
Est. Amt . of Waste : 75
yds3
Samples Taken : Yes #
Interviewed :
NO ONE ON SITE
Complaint # :
Responsible Party
Mailing Address(es)
and Phone
Number(s) :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
GLENN AND BRENDA YORK
1847 S
. MAIN ST .
JACKSONVILLE, IL 62650
Revised 06/18/2001
(Open Dump
- 1)
Region:
5 - Springfield
02/08/2006
No
SECTION
DESCRIPTION
VIOL
1 . 9(a)
CAUSE, THREATEN OR
ALLOW AIR POLLUTION IN ILLINOIS
0
2.
9(c)
CAUSE OR ALLOW
OPEN BURNING
11
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
11
6. 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
11
(2)
In Violation of Any Regulations or Standards Adopted by the Board
11
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
AND REGULATIONS
S
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
11
(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
LPC # 1370200046
Inspection Date
:
07/26/2006
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 06/18/2001
(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
FAR
10.
2
812 .101(a)
Cause or Allow O.en Bu ninn of An Used or Waste Tire
se
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.
14.
809 .302 a
ACCEPTANCE OF
WASTE HAULING
PERMIT AND/OR
~s
APPARENT VIOLATION
CASE NUMBER
:
SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT
A
PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
MANIFEST
OF: ( ) PCB; ( )
CIRCUIT COURT
ORDER ENTERED ON :
15. OTHER :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
:
)
Illinois Environmental
)
Protection Agency
)
vs .
)
IEPA DOCKET NO.
Glenn and Brenda York
)
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 July 26, 2006, between 12 :40 p .m. and 1
:050 p.m., Affiant conducted an
inspection of an open dump, located in Morgan County, Illinois and known as
Jacksonville/York
by the Illinois Environmental Protection Agency . Said site has been
assigned site code number LPC # 1370200046 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
.
"~m
Jan
uk
Mier
Subscribed and Sworn to Before Me
this,"/4z
day of
&a1.,
2006
OFFICIAL SEAL
CHARLENEK
. POWELL
NOTARY PUBLIC MATE OF ILLINOIS
my
Cons ,
r
.
; p'
; '
.
:!.
h ?5, 2008
Illinois Environmental Protection Agency
Inspection Narrative
LPC#1370200046 - Morgan County
Jacksonville/York
Inspection Date -7/26/06
Inspected by Jan Mier, IEPA/FOS Springfield Region
FOS File
On July 26, 2006, 1 conducted an inspection at the above-referenced site . The site is registered
tire storage facility . Several semi trailers are on site containing used tires . Glenn York, who
owns the property, along with his wife Brenda, (see attached property deed) has a tire retail store
(LPC#1370405004) located at 1847 S . Main in Jacksonville, IL . He keeps used tires for stock for
his retail store in the semi trailers . While the retail business previously was located on this site,
the building is now rented out .
I arrived at 12
:50 p .m. No one was on site. I walked the site . All the semi trailers that contained
used tires did not have door closed on them, but I did not observe water in any of the used tires
.
On the southwest corner of the building, I observed open dumped wastes approximately 12' by
15' in size, containing inner tubes, shingles, used tires, a pallet, and plastic buckets (see photo
#001) . Several used tires that were off the rim were noted on the ground, such as the one in photo
#002 . Open dumped wastes that had previously been burned were noted on the south edge of the
property (see photo #003). It contained aluminum cans, plastic bottles, lumber, car parts and
household refuse. Several more off the rim used tires were observed in vegetation on the south
side (see photo #004) . An unlicensed semi, with no doors or windshield, was observed sitting in
vegetation (see photo #005) . A pile of approximately 20 off the rim used tires was also observed
between two semi trailers on site . A photo of those used tires did not turn out because I had run
out of room on my camera . I departed at 1 :05 p.m.
Mr. York's site has been in and out of compliance with the Act and used tire Regulations for
many years . He was cited for open dumping in the 9/19/05, 3/8/05, 9/10/03, and the 8/22/02
inspections . The open dumped waste was removed, only to re-occur at a later date .
cc: DLPC/FOS -
Springfield Region
File Names
: 1370200046 -
07262006-[Exp. #].jpg
Page 1 of 3
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1370200046 - Morgan County
Jacksonville/York
FOS File
Date: 7/26/06
Time
: 12:5 p.m.
Direction : NW
Photo by
: Jan Mier
Exposure # : 001
Comments
:
Inner tubes, shingles,
used tires, plastic
buckets
Date: 7126106
Time: 12: p.m
.
Direction: N
Photo by
: Jan Mier
Exposure #
: 002
Comments :
Off rim used tire in
vegetation
Page 2 of 3
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 1370200046 - 07262006-[Exp
. #] .jpg
LPC #1370200046 - Morgan County
Jacksonville/York
FOS File
Date : 7126106
Time: 12 :5 p.m.
Direction : S
Photo by: Jan Mier
Exposure # : 003
Comments :
Bum pile with cans,
bottles, car parts, and
household refuse
Date : 7126106
Time : 12: p.m.
Direction : SE
Photo by: Jan Mier
Exposure # : 004
Comments :
Off the rim used tires
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names : 1370200046
- 07262006-[Exp. #].jpg
Page 3 of 3
LPC #1370200046 - Morgan County
Jacksonville/York
FOS File
Date
: 7126106
Time : 1 :00 p.m.
Direction : NW
Photo by
: Jan Mier
Exposure # : 005
Comments:
Unlicensed semi truck
PROOF OF SERVICE
I hereby certify that I did on the 12th day of September 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 :
Glenn and Brenda York
P .O. Box 187
Jacksonville, Illinois 62650
Cert # 7004 2510 0001 8590 3715
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
Cert # 7004 2510 0001 8590 3708
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
THIS FILING SUBMITTED ON RECYCLED PAPER
