RECEIVED
CLERK'S
OFFICE
SEP
!
8 2006
Pollution
STATE OF
Control
ILLINOIS
Boa
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) .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
DENNIS BALLINGER,
Respondent.
NOTICE OF FILING
To:
Dennis Ballinger
P.O. Box 1452
Decatur, Illinois 62525
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
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,
ichelle 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 15, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
RER EoVIED
SEP 18 2006
Pollution
OControl
Bard
Complainant,
V .
AC
(IEPA No. 253-06-AC)
ERKS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
1 8 2006
ADMINISTRATIVE CITATION
Pollution
STATE OFControl
ILLINOIS
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
DENNIS BALLINGER,
)
Respondent .
)
(IEPA No. 253-06-AC)
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 Dennis Ballinger ("Respondent") is the present owner of a facility located at
527 N
. High Street, Paris, Edgar County, Illinois
. The property is commonly known to the Illinois
Environmental Protection Agency as Paris/Farr-Ballinger
.
2 .
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 0450305105 .
3 .
That Respondent has owned said facility at all times pertinent hereto
.
4
. That on August 8, 2006, Curt White of the Illinois Environmental Protection Agency's
Champaign Regional Office inspected the above-described facility
. A copy of his inspection report
setting forth the results of said inspection is attached hereto and made a part hereof
.
VIOLATIONS
Based upon direct observations made by Curt White during the course of his August 8, 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
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 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
Respondent elects 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 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
in addition to the One Thousand Five Hundred Dollar ($1,500 .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
2
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
tP
SC,n-
t
Date :
-I
IIOJrok7
Douglas . Scott, Director
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
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 .
4
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
DENNIS BALLINGER,
)
Respondent .
FACILITY :
Paris/Farr-Ballinger
SITE CODE NO . :
0450305105
COUNTY:
Edgar
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION :
August 8, 2006
DATE REMITTED :
SS/FEIN NUMBER :
SIGNATURE:
NOTE
Please enter the date of your remittance, your Social Security number (SS) if an individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form
. Be
sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental
Protection Agency, Attn .
: Fiscal Services, P .O. Box 19276, Springfield, Illinois
62794-9276.
R
E R EIVOFFIED
SEP
18 2006
REMITTANCE FORM
Pollution
STATE OFControl
ILLINOIS
Board
5
AC
01-1(0
(IEPA No. 253-06-AC)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
)
IEPA DOCKET NO
.
Respondent
)
Affiant, Curt White, being first duly sworn, voluntarily deposes and states as follows
:
1 . Affiant is a field inspector employed by the Land Pollution Control Division of the
Illinois Environmental Protection Agency and has been so employed at all times pertinent
hereto.
2
. On August 8, 2006, between 10 :10 A.M. and 10:25 A.M ., Affiant conducted an
inspection of the site in Edgar County, Illinois, known as the Paris / Farr-Ballinger site,
Illinois Environmental Protection Agency Site No . 0450305105 .
3
. Affiant inspected said Farr-Ballinger site by an on-site inspection, which included
walking the site .
4. As a result of the activities referred to in Paragraph 3 above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of Affiant's
knowledge and belief, is an accurate representation of Affant's observations and factual
conclusions with respect to the Farr-Ballinger site .
Subscribed and Sworn to before me
Z/'~
this
day of
L
;v S
2006.
Notary Public
OFFICIAL SEAL
SHARON
L BARGER
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXP$RES:
0916-06
Inspector(s) :
Curt White
Weather : Cloudy & 75° F
9
Est. Amt. of Waste: 200
yds3 Samples Taken : Yes #
No
Complaint # : C06-101-CH
Longitude : -87
.61794
Collection Point Description : Dump Location -+/- 28 ft
Long . : -89.38294)
No. of Photos Taken : #
Interviewed :
N/A
Latitude : 39.61794
(Example : Lat . : 41 .26493
Responsible Party
Mailing Address(es)
and Phone Number(s)
:
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Edgar
LPC#:
0450305105
Region : 4 - Champaign
Location/Site Name :
Paris / Farr-Ballinger
Date
:
8/8/2006
Time : From 10:10
am To 10:25 am Previous Inspection Date : 3/20/2006
Edwin Farr, Present Owner
200 Reichman
Joliet, IL 60433
Collection Method : GPS - Garmin GPSmap 76S
Dennis Ballinger Real Estate, Frmr Ownr
119 E William St-Suite 300
PO Box 1452
Decatur, IL 62525
217/429-5050
r
21
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
0
0El
8.
Litter
Scavenging
Open Burning
Deposition of
Waste in Standing or Flowing Waters
Proliferation of Disease Vectors
Standing or Flowing Liquid Discharge from the Dump Site
(Open Dump - 1)
2.
3.
4.
5.
6.
7.
•
LPC #
0450305105-Edgar County
Inspection Date :
8/8/2006
(7)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
Demolition Debris
9. 55(a)
NO PERSON SHALL :
Cause or Allow 0 en Burni of An Used or Waste Tire
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
10. 812 .101(a) OPERATE A LANDFILL
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
El
11 .
12.
13.
14.
15.
722 .111
HAZARDOUS WASTE DETERMINATION
808 .121
SPECIAL WASTE DETERMINATION
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
APPARENT VIOLATION OF : (p) PCB ; c0)
CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
OTHER :
E]
El
E
El
E]El0707
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 10/5/2005
(Open Dump - 2)
Illinois Environmental Protection Agency
Bureau of Land ,Field Operations Section * Champaign
LPC #0450305105-Edgar County
Paris
/ Farr-Ballinger
FOS
Inspector: Curt White
Insp. Date: 8/8/2006
Complaint # C06-101-CH
INSPECTION REPORT NARRATIVE
Curt White of DLPC/FOS Champaign Regional Office reinspected this site on August 8, 2006
.
The weather conditions during this inspection were cloudy and 75° F
. No interviews were
conducted during this inspection
. The initial inspection was conducted as a result of a citizen
complaint.
The site is located at 527 N
. High Street, Paris, IL . According to the Edgar County Supervisor
Office in Paris, IL the site was sold on January 27, 2006 to Edwin Farr . The mailing address for
Mr. Farr is 200 Reichman, Joliet, IL 60433
. The previous owner was Dennis Ballinger
. The
mailing address for Dennis Ballinger Real Estate is 119 E
. William Street-Suite 300, PO Box
1452, Decatur, IL 62525
. According to the complainant, the waste material at the site was there
before January 27, 2006 so both the current and former owner will be a respondent
. The
previous tenant is unknown
. A "Tax Deed" and a "Quit Claim Deed" are attached with this
report .
This inspection was conducted in accordance with Sections 4(c) and (d) of the Illinois
Environmental Protection Act
("Act"). The purpose of this inspection was to determine if the site
is in compliance with the Act and Regulations
.
SITE HISTORY
I (Curt White) initially inspected the site on March 20, 2006
. I arrived on the property at 11 :10
am and knocked on the door at the residence at the site . Nobody answered the door . According
to the complainant, nobody resides at the site . I proceeded to the area described by the
complainant
. The entire back yard was covered with used tires, cans, lumber, three junk
vehicles, bags of trash and other general refuse
. I left the site at 11 :25 am.
An Administrative Citation Warning Notice (ACWN) was sent to Mr . Ballinger and Mr. Fan on
April 18, 2006 . According to the U .S . Postal Service Certified Mail Receipt Mr
. Ballinger
received his ACWN on April 20, 2006
. Mr. Fan's ACWN was returned to sender because the
letter was "attempted, not known"
. The ACWN was resent "U .S . First Class Mail" and not
returned
. The deadline for the cleanup was August 1, 2006 . No response was received by either
Mr. Ballinger or Mr
. Farr.
AUGUST 8, 2006 INSPECTION FINDINGS
I arrived on the property at 10:10
am. There was no change at the site . No waste was removed
or added
. The entire back yard was covered with used tires, cans, lumber, three junk vehicles,
bags of trash, other general refuse which was dumped haphazardly in weeds (see photos I thru
9) . I left the site at 10:25
am .
Summary of Violations
Environmental
seq.) {hereinafter
Protection
called the
Act"Act"}
. 415 11-CS 5/1 et . seq . (formerly 111. Rev. Stat. Ch. 111 ''/z,
1001 et.
1 .
Pursuant to Section 21 (a) of the Act
. No one shall cause or allow the open dumping of any
waste .
A violation of Section 21(a) is alleged for the following reason
: Evidence of open dumping
of waste was observed at the site during the inspection .
2.
Pursuant to Section 21(e) of the Act . No person shall dispose, treat, store, or abandon any
waste, or transport any waste into this State for disposal, treatment, storage or abandonment
except at a site or facility which meets the requirements of the Act and of Regulations and
Standards thereunder.
A violation of Section 21(e) is alleged for the following reason :
Evidence of wastes disposal
was observed during the inspection of the site, which does not meet the requirements of
the Act and regulations thereunder
.
3 .
Pursuant to Section 21(p)(1) of the Act
. No one shall cause or allow the open dumping of
any waste in a manner, which results in litter at the dumpsite .
A violation of Section 21(p)(1) is alleged for the following reason : Evidence of open
dumping of waste was observed at this site, which resulted in litter .
4.
Pursuant to Section 55(a)(1) of the [Illinois] Environmental Protection Act (415 ILCS
5/55(a)(1)), no person shall cause or allow the open dumping of any used or waste tire .
A violation of Section 55(a)(1) is alleged for the following reason : Evidence of open
dumping of used or waste tires was observed during the inspection .
Illinois Environmental Protection Agency
LPC # 0450305105--Edgar County
N
Par.
s
/
arr-B allinger
Site Map
Insp. Date 8 / 8 / 06
4.
W
Photo 4 @ 10:16 am
7 .
Photo 7 @ 10:19
am
10. Photo 10@ 10:20 a
5 .
Photo 5 @ 10:16 am
8 .
Photo 8 @ 10:19 am
6.
Photo 6 @ 10:17 am
9 .
Photo 9 @ 10:20 am
Photo 9
Photo 10
Photo 8
Photo 7
--Waste
Photo 6
l
Waste
1
Photo 4
Waste •a
Photo 3
4 Photo 2
Photo 1
N High Street
S
Map not to Scale
Arrows indicated direction
and location of Photos
,Site Photos
1 . Photo 1 @ 10:15
am
2. Photo 2 @ 10:16 am
3 . Photo 3 @ 10:16 am
Photo 5
Illinois Environmental Protection Agency
Bureau of Land
LPC # 0450305105 - Edgar County
Paris I Farr-Ballinger
FOS File
DATE : 8-8-2006
TIME: 10:15 AM
DIRECTION : West
PHOTO by : Curt White
PHOTO FILE NAME
:
0450305105-08082006-001 .jpg
COMMENTS :
DATE
: 8-8-2006
TIME: 10:16 AM
DIRECTION
: West
PHOTO by : Curt White
PHOTO FILE NAME
:
0450305105-08082006-002 .jpg
COMMENTS :
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC # 0450305105
-
Edgar County
Paris / Farr-Ballinger
FOS File
DATE
: 8-8-2006
TIME: 10:16 AM
DIRECTION : West
PHOTO by : Curt White
PHOTO FILE NAME :
0450305105--08082006-003 .jpg
COMMENTS :
DATE : 8-8-2006
TIME: 10:16 AM
DIRECTION : North
PHOTO by
: Curt White
PHOTO FILE NAME :
0450305105-08082006-004.jpg
COMMENTS : Used tires,
appliances
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC # 0450305105 - Edgar County
Paris I Farr-Ballinger
FOS File
DATE : 8-8-2006
TIME: 10:17 AM
DIRECTION
: East
PHOTO by : Curt White
PHOTO FILE NAME :
0450305105-08082006-005.jpg
COMMENTS : Used tires and
other material in weeds.
DATE : 8-8-2006
TIME: 10:17 AM
DIRECTION: South
PHOTO by : Curt
White
PHOTO FILE NAME
:
0450305105-08082006-006.jpg
COMMENTS : Used tires, big
wheel and other material in
weeds.
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC # 0450305105
- Edgar County
Paris I Farr-Ballinger
FOS File
DATE : 8-8-2006
TIME
: 10:19 AM
DIRECTION : East
PHOTO by : Curt White
PHOTO FILE NAME
:
0450305105-08082006-007.jpg
COMMENTS
: Windows,
fencing and other material in
weeds.
DATE
: 8-8-2006
TIME
: 10:19 AM
DIRECTION : East
PHOTO by
: Curt White
PHOTO FILE NAME
:
0450305105-08082006-008.jpg
COMMENTS : Windows,
fencing and other material in
weeds
.
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC # 0450305105 - Edgar County
Paris I Farr-Ballinger
FOS File
DATE: 8-8-2006
TIME: 10:20 AM
DIRECTION : West
PHOTO by: Curt White
PHOTO FILE NAME :
045030510508082006-009 .jpg
COMMENTS: Automobile in
weeds.
DATE: 8-8-2006
TIME: 10:20 AM
DIRECTION: West
PHOTO by
:
Curt
White
PHOTO FILE NAME
:
0450305105-08082006-010.jpg
COMMENTS : Lawnmower in
weeds.
DIGITAL PHOTOGRAPHS
PROOF OF SERVICE
I hereby certify that I did on the 15th 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 :
Dennis Ballinger
P
.O
. Box 1452
Decatur, Illinois 62525
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
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
