BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF JACKSON,
)
Complainant,
)
v.
)
AC 07
-
X71
GARY EASTON,
)
Respondent .
)
NOTICE OF FILING
TO :
Gary Easton, 148 Ava Road, Murphysboro, Illinois 62966
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 copyof which is herewith
served upon you .
Daniel Brenner
Assistant State's Attorney
January 17, 2007
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse
Murphysboro, IL 62966
618-687-7200
RECEIVED
CLERK'S OFFICE
FEB 0 7 2007
Pollution
STATE OF
Control
ILLINOISBoars
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF JACKSON,
)
Complainant,
)
v.
)
GARY EASTON,
)
Respondent .
)
AC
0
07
7781'{
- 7 ,
©aa7
L'O`/-UO~J~
RCLERK'SECEIVE[)
OFFICE
FEB 0 7 2007
Pollution
STATE OF
Control
ILLINOIS
Board
Serve on
: Gary Easton, 148 Ava Road,
Murphysboro, Illinois 62966
PROOF OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the Administrative
Citation and Appearance were hand delivered to
:
AddressName
:
:
/
&
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- lam1,5
P"'/oft
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1
Sex:
Age:
Male
Female
Date of service71
:
/
/Z9
,
2007.
Time:
a
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PLEASE RETURN TO :
DANIEL BRENNER
JACKSON COUNTY STATE'S ATTORNEY'S OFFICE
/S/ Robert Burns, Jackson Co
. Sheriff
By his Deputy
RECEdVE_D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
FEB 0 = 2007
COUNTY OF JACKSON,
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
)
AC 07- 3
GARY EASTON,
)
Respondent .
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of Jackson
.
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3" Floor
Murphysboro, IL 62966
618-687-7200
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
ADMINISTRATIVE CITATION
FEB 0 7 2007
COUNTY OF JACKSON,
)
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
v.
)
AC 07-
-J
Site Code : 0778140027
GARY EASTON,
)
Respondent
.
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1 et. seq. (2004), specifically 415 ILCS
5/31 .1
.
FACTS
1 . The Respondent is the present owner and occupant and in control and possession
of a facility located in the County of Jackson, 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 # 0778140027
. The facility is
known to the Agency as the Murphysboro/Easton Automotive site .
3. The Respondent has owned, occupied, controlled and/or operated the facility at all
relevant times hereto .
4
. On January 9, 2007, Field Inspectors, Don Terry and Bart Hagston, both with
Jackson County Health Department, inspected the facility . A true and correct copy of the
inspection report, along their respective affidavits, are attached and incorporated herein by
reference as Exhibit A .
5
. On March 18, 2004, the Illinois Pollution Control Board in docket numberAC 04-44
entered an order and found this same Respondent, Gary Easton, had violated section 21(p)(1)
of the Illinois Environmental Protection Act, 410 ILCS 5/1
et. seq. on this same site pursuant
to an Administrative Citation filed by this same Complainant, County of Jackson
.
VIOLATIONS
On the basis of the Field Inspectors' direct observation, it is determined that the
Respondent has caused orallowed open dumping at the above described facility in a manner
that resulted in the following violations
:
That on January 9, 2007, an on-site inspection of the facility disclosed the following
:
1
. The Respondent has caused or allowed litter at the facility in violation of 415 ILCS
5/21(p)(1) .
CIVIL PENALTY
In accordance with 415 ILCS 5/42(b)(4-5), the Respondent is subject to a civil penalty
of $3,000
.00 for each second or subsequent violation
. Additionally, should the Respondent
elect to petition the Illinois Pollution Control Board underthe review process described below,
afteran 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 $3,000
.00 fine .
If you acknowledge the violations cited herein above, the civil penalty shall be due and
payable no later than Marchl, 2007
. 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 Jackson County's
Treasurer Office and mailed to the attention of Shirley Dillinger Booker, Jackson County
Treasurer, Murphysboro, Illinois, 62966 . 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 Jackson 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 electto
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
Daniel Brenner, Assistant
State's Attorney, Jackson County Courthouse, Third Floor,
Murphysboro, 1162966 . Your
Petition For Review must be filed within 35 days of the date of serviceof
the present
citation on you . If you fail to file your Petition, a DefaultOrder
against you will be
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 60601-3218
A copy must also be sent to:
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3`
d
Floor
Murphysboro, 1162966
DATED :
200
C
~~,_
Daniel Brenner
e
e~ ~Z
Assistant State's Attorney
COUNTY OF JACKSON,
)
Complainant,
)
v.
)
NO . AC 07 -
GARY EASTON,
)
Respondent .
)
FACILITY :
Murphysboro/Easton Automotive Site
COUNTY :
JACKSON
DATE OF INSPECTION : January 9, 2007
SITE CODE :
0778140027
CIVIL PENALTY :
$3,000 .00
Date Remitted
SS/FEIN #
Signature
NOTE
Please include the information on the blank lines
. Mail this form with your check to :
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
ReCEIVEDCLERK'S
OFFICE
FEB 0 7 2007
REMITTANCE FORM
STATE OF ILLINOIS
pollution Control Board
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN THE MATTER OF :
077 814 0027 / Jackson County
Murphysboro / Easton Automotive
COMPLIANCE FILE
Respondent .
Afflant, Don Terry, being first duly sworn, voluntarily deposes and states as follows
:
1 .
Affiant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto
.
2.
On January 9, 2007, between the hours of 11
:31 am and 11 :36 am, Affiant
conducted an inspection of the open dump site known as Murphysboro/Easton
Automotive, Jackson County, Illinois
.
3 .
Affiant inspected said open dump site by an on-site inspection
.
4 .
As a result of the activities referred to in Paragraphs 2 and 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 Easton
Automotive, Murphysboro, Illinois, open dump site
.
Subscribed and Sworn To before me
this /(p day of
2007
otary Public
©-M /
Don Terry
Environmental Compliance Inspector
"OFFICIAL SEAL"
Tracy L . Hartung
y'
my
Notary
rc.a
:mision
Public, State
Expires
of Illinois'/?4/10
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN THE MATTER OF:
077 814 0027 / Jackson County
Murphysboro / Easton Automotive
COMPLIANCE FILE
Respondent.
Affiant, Bart Hagston, being first duly sworn, voluntarily deposes and states as follows
:
1 .
Affiant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto .
2.
On January 9, 2007, between the hours of 11 :31 am and 11 :36 am, Affrant
conducted an inspection of the open dump site known as Murphysboro/Easton
Automotive, Jackson County, Illinois .
3 .
Affiant inspected said open dump site by an on-site inspection .
4.
As a result of the activities referred to in Paragraphs 2 and 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 Easton
Automotive, Murphysboro, Illinois, open dump site .
Bart Hagston, M ager
Solid Waste Program
Subscribed and Sworn To before me
this /
6
day of r&tt ,, ttt-y
2007
J
dk -hC4
Notary Public
"OFFICIAL SEAL"
Tracy L
. Hartung
My
Notary
Commission
Public, State
Expires
of Illinois8/24/10
Latitude : 37 .80600
Longitude : -89 .33266
Collection Point Description : Other - west boundary
(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 :
Jackson
LPC#:
077 814 0027
Region :
7 - Marion
Location/Site Name
:
Murphysboro / Easton Automotive
Date :
01/09/2007 Time : From 11 :31 am To 11 :36 am Previous Inspection Date : 12/17/2003
Inspector(s) :
Don Terry, Bart Hagston
Weather : 38°F -- Cloudy with strong NW winds
No. of Photos Taken : # 5 Est . Amt . of Waste : 600
yds3
Samples Taken
: Yes #
No
Interviewed :
no one
Complaint #:
Long . : -89 .38294)
Mr
. Gary Easton
P. O . Box 796
Murphysboro, IL 62966
Collection Method : GPS - Accuracy +/- 21 feet
(Open Dump
-
1)
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
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
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
A1
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-
Litter
110
(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
Date of Inspection
: January 9, 2007
Inspectors : Don Terry & Bart Hagston
Site Code : 077 814 0027
County
: Jackson
Site Name : Murphysboro / Easton Automotive
Time : 11 :31 am - 11 :36 am
Location : Lat 37.80600 Long -89 .33266
GPS Accuracy : +/- 21 feet
Approximate Volume of Waste at Site : 600 cubic yards
GENERAL REMARKS
Inspection Report Document:
0 en Dum Site Narrative
During the stated date and time, I conducted an inspection of the site listed above . This inspection
was made as a follow up to an inspection conducted on December 17, 2003 during which open
dumping violations were observed
. Weather conditions at the time of the inspection were
: cloudy
with strong northwest winds and a temperature of approximately 38°F . I was accompanied on this
inspection by Bart Hagston of the Jackson County Health Department .
According to the Jackson County Assessor's Office, the site is owned by Gary Easton .
I arrived at the site and observed waste that was open dumped on the site (Photos #1 - #5, Site
Sketch) . The waste consisted of, but was not limited to
: abandoned vehicles, waste tires, scrap
metal, metal barrels, plastic items and other materials not easily identifiable . The material south of
the house was visible from Calcutta Lane and was unorganized, not labeled and was unsightly
(Photos #1 - #2, Site Sketch)
. At the time of the inspection, the vehicles and other items
observed were not in use, were not useable in their current condition, and were not stored in such
a way as to protect any future use .
The site appeared relatively unchanged since the December 17, 2003 inspection .
The total volume of waste was approximately 600 cubic yards .
The inspection ended at approximately 11 :36 am .
Violations Observed :
Item #5(21)(a)
: Cause or allow open dumping
; Item #8(21)(p)(1)
: 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: During the inspection the open dumping of waste that resulted in litter was
observed .
Not Drawn to Scale
All
locations are approximate
O-0- indicates approximate location & direction of photos
0
House
Ava Rd.
IN
r
AOC
tD
JNV
OPEN D UMP INSPECTION
SITE SKETCH
Date Of Inspection
:
January 9, 2007
Inspector : Don Terry & Bart Hagston
Site Code : 077 814 0027
County: Jackson
Site Name:
Murphysboro / Easton Automotive
Time: 11 :31 am- 11 :36 am
Date of Inspection :
January 9, 2007
Photos by : Bart Hagston
Photo Name:
0778140027-01092007-01
Time: 11 :33 am
Photo Taken Toward :
Northeast
Photo Name:
0778140027-01092007-02
Time
:
11 :33 am
Photo Taken Toward :
East
Jackson County Inspection Digital Photo Sheet -
Page 1
Site #: 077 814 0027
Site Name : Murphysboro / Easton Automotive
A,
*400P
Date of Inspection
: January 9, 2007
Photos by : Bart 11agston
Photo Name :
0778140027-01092007-03
Time : 11 :33 am
Photo Taken Toward :
Northeast
Photo Name :
0778140027-01092007-04
Time: 11 :33 am
Photo Taken Toward :
Northeast
Jackson County Inspection Digital Photo Sheet -
Page 2
Site #
: 077 814 0027
Site Name
: Murphn'shorn / Easton Automotive
Cw3
Date of Inspection
: January 9, 2007
Photos by : Bart Ilagston
Photo Name :
0778140027-01092007-0 ;
Time
:
11 :34 am
Photo Taken Toward
:
South
Jackson County Inspection Digital Photo Sheet
- Page 3
Site #: 077 814 0027
Site Name
: n1urphysboro / Easton Automotive
