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INFORMATIONAL NOTICE!!! sr
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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,
V .
CHARLES NORMAN BARTLETT,
Respondent
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
To
:
Charles Norman Bartlett
RR1
Hamburg, IL 62045-9801
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,
AC
D1' 6
(IEPA No . 310-06-AC)
NOTICE OF FILING
Michel e 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 : December 12, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
CJi_ C 1 e
2006
Pollution
STATE OF
Control
ILLINOIS
Board
RIFGEAWEDCLERK'S
OFFICE
REC
1 2006
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC a-1
V .
)
(IEPA No . 310-06-AC)
CHARLES NORMAN BARTLETT,
)
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 Norman Bartlett ("Respondent") is the present owner of a facility located about
2.5 miles northeast of Hamburg, north of Irish Hollow Rd ., in Calhoun County, Illinois .
The property
is commonly known to the Illinois Environmental Protection Agency as Hamburg Pct
./Bartlett
.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 0138555004 .
3.
That Respondent has owned said facility at all times pertinent hereto
.
4.
That on October 17, 2006, Steve Townsend of the Illinois Environmental Protection
Agency's Springfield 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.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
VIOLATIONS
Based upon direct observations made by Steve Townsend during the course of his October
17, 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) .
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in the 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) (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
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
January 15, 2007,
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
2
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
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
.
1Pt$+~sDsg
P Date
:
12-
D
I )2 Io(
0
ouglas P . 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
4
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
CHARLES NORMAN BARTLETT,
)
Respondent .
FACILITY :
Hamburg Pct ./Bartlett
SITE CODE NO
. :
0138555004
COUNTY:
Calhoun
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION :
October 17, 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 .
RCLERK'S
ECEIVED
OFFICE
REMITTANCE FORM
~Jc(;
y
2006
STATE OF ILLINOIS
Pollution Control Board
AC
01
_'A
(IEPA No. 310-06-AC)
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
)
Illinois Environmental
)
Protection Agency
)
vs.
)
)
IEPA DOCKET NO.
-AC
Charles Norman Bartlett,
)
Respondent .
)
)
Affiant, Steven C
. Townsend, 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 Illinois Environmental Protection Agency and has been so
employed at all times pertinent hereto .
2 . On October 17, 2006, between 12 :56 PM and 1 :11 PM, Affiant conducted an
inspection of a disposal site operated without an Illinois Environmental Protection
Agency permit, located in Calhoun County, Illinois, and known as Hamburg Pct
./Bartlett
by the Illinois Environmental Protection Agency . Said site has been assigned site code
number LPC# 0138555004 by the Illinois Environmental Protection Agency .
3. Affiant inspected said Hamburg Pct
./Bartlett open dump 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 Hamburg Pct
./Bartlett open dump.
Styen
C ownse
c~(
d
rSe'
Subscribed and Sworn To before me
This 4/ day of /Le 6 ,.:
Notary
l_f'~-~''f
Public
C?.7r
10 r
ILLINOIS tNVINUNMtN I AL rhlU I Cl. I IUIV
NLILrvL. I
Open Dump Inspection Checklist
County :
Calhoun
LPC#:
0138555004
Region :
5 - Springfield
Location/Site Name :
Hamburg Pct ./Bartlett
Date
:
Oct. 17, 2006
Time
: From 12 :56
To 13:11
Previous Inspection Date:
Inspector(s) : S . Townsend
7-10-06
Weather: 63° F, Overcast - Moist soil cond .
No. of Photos Taken : # 10
Est. Amt. of Waste :
120yd est .
Samples Taken :
Yes #
No
Interviewed :
Unidentified Auto hauler
Complaint #
: C-05-069-C
0
Revised 06/18t2001
(Open Dump - 1)
Responsible Party
Mailing Address(es)
and Phone
Number(s) :
Norman Bartlett
RR 1
Hamburg, IL 62045-9801
Phone
: 618-232-9208
SECTION
DESCRIPTION
VIOL
1 .
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
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
~
6. 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL OPER TION :
(1)
Without a Permit
~~
(2)
In Violation of Any Regulations or Standards Adopted by the Board
11
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY WASTE
7. 21(e)
INTO
REGULATIONSTHE
STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT AND
0
$
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
F~
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
(7)
DebrisDeposition
of General Construction or Demolition Debris ; or Clean Construction or Demolition
23
LPC#
0138555004
Inspection Date :
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 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)
9.
55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
10. 812 .101(a)
Cause or Allow Open Burning of Any Used or Waste Tire
FAILURE TO
SUBMIT
AN APPLICATION FOR A PERMIT TO DEVELOP AND OPERATE A
LANDFILL
o4
11 . 722.111
HAZARDOUS WASTE DETERMINATION
12. 808.121
SPECIAL WASTE DETERMINATION
13.
14.
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
n
APPARENT VIOLATION OF: ( ) PCB ; ( )
CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15. OTHER :
IEPA
- BOL/FOS MEMORANDUM
DATE:
November 16, 2006
TO :
DLPC/Division File
FROM:
S. Townsend, DLPC/FOS
SUBJECT: LPC # 0138555004 -
Calhoun County
Hamburg Pct./Bartlett
C-05-069-C
FOS File
GENERAL REMARKS
On April 7, 2005, and December 5, 2005, this author investigated a complaint at the above
referenced facility (hereafter Bartlett)
. Re-inspections were conducted on July 10, 2006, and October
17, 2006
.
I began my October 17, 2006, site re-inspection at 12
:56
. As I arrived a vehicle was being secured
onto a flat-bed truck
. As the two men were securing the car to the truck bed, I asked if either of the
men was Norman Bartlett . The man closest to me said no
. As I walked past the mobile home on-site
I noted many of the cars and most of the previously observed waste had been removed from the
property.
However, wastes piles were still seen on-site, including piles of shingles, some buried and partially
buried shingles, and some waste wood, metal and plastic (see photos 0138555004-10172006-001
through 005)
. Waste foam, metal, wood, and plastic were located north of the semi trailers (see
photo 0138555004-10172006-006)
. The dump areas just north and east of the Quonset style
shop/barn were cleaned up (see photos 0138555004-10172006-007 through 009)
. The dump area
located along the west side of the access drive was also cleaned up (see photo
0138555004-10172006-010)
. No new open burning areas were seen
. The dumpsite appeared to
have had some of the previous wastes removed, and some new waste added
. I left the site at 13 :18.
When I dropped by the site on July 10, 2006, I noted that some waste had been removed and some
additional waste had been added (photos taken on that day were accidentally deleted)
.
See attached checklist for a list of apparent violations
.
cc: DLPC/FOS-Springfield Region
STATE
OF ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
SITESKETCH
Date
of inspection :
Inspector : S . Townsend
Site
Site Namecode
:
: Bartlett0138555004 CountyTime
:
:
12Calhoun:56 to
13
:11
Photo File # 0138555004-10172006
Measurements Approximate
Direction of Photo
NORTH
NOTTO SCALE
010
009
008
007
*- 006
Quonset
Shed
Mobile Home
IRISH HOLLOW RD
.
00
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names : 0138555004-10172006-[Exp
. #].jpg
LPC # 0138555004
- Calhoun County
Hamburg Pct./Bartlett
FOS File
Date :
October 17, 2006
Time: 13 :00
Direction : SW
Photo by : S . Townsend
Exposure #: 001
Comments
:
Shingles
Date: October 17, 2006
Time : 13:00
Direction
: W-NW
Photo by : S. Townsend
Exposure #: 002
Comments
:
Shingles, metal, and
wood
Page 1 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0138555004 - Calhoun County
Hamburg Pct.IBartlett
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0138555004-10172006-[Exp . #].jpg
Date: October 17, 2006
Time: 13:00
Direction : N-NW
Photo by
: S
. Townsend
Exposure # : 003
Comments:
Shingles, metal, and
wood
Date : October 17, 2006
Time
: 13 :02
Direction : W
Photo by : S
. Townsend
Exposure #: 004
Comments :
Shingles partially
covered with soil
Page 2 of5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS File Names
: 0138555004-10172006-[Exp . #].jpg
LPC # 0138555004 - Calhoun County
Hamburg Pct.IBartlett
FOS File
Date : October 17, 2006
Time : 13 :02
Direction : NW
Photo by: S . Townsend
Exposure #
: 005
Comments :
Shingles partially
covered with soil
Date : October 17, 2006
Time : 13 :03
Direction : W
Photo by: S
. Townsend
Exposure #: 006
Comments
:
Foam and other debris
Page 3 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 0138555004-10172006-[Exp
. #].jpg
LPC # 0138555004
-
Calhoun County
Hamburg Pct./Bartlett
FOS File
Date:
October 17, 2006
Time: 13:05
Direction : SE
Photo by : S
. Townsend
Exposure #
: 007
Comments:
Former dump area
facing southeast .
Date:
October 17, 2006
Time: 13
:05
Direction
: S
Photo by : S. Townsend
Exposure #
: 008
Comments
:
Former dump area
facing south
Page 4 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 0138555004-10172006-[Exp . #] .jpg
LPC # 0138555004- Calhoun County
Hamburg Pct.IBartlett
FOS File
Date : October 17, 2006
Time: 13 :05
Direction
: SW
Photo by: S . Townsend
Exposure #: 009
Comments
:
Former dump area
facing southwest
Date: October 17, 2006
Time : 13:09
Direction : NE
Photo by : S
. Townsend
Exposure #: 010
Comments :
Former dump area near
entrance facing
northeast
Page 5 of 5
PROOF OF SERVICE
I hereby certify that I did on the 12th day of December 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 Norman Bartlett
RRI
Hamburg, IL 62045-9801
Cert #7004
2510 0001 8588 2171
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 8588 2188
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
