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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTICE OF FILING
TO : Bob Osinga, 88 S
. Jungle 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 copyofwhich 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
COUNTY OF JACKSON,
)
RECEIVEDCLERK'S
OFFICE
Complainant,
FEB 1 4 2007
)
V .
)
AC 07 -
415
Pollution
STATE OF
Control
ILLINOISBoat
BOB OSINGA,
)
Respondent .
)
 
RECEIVEC
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERKS OFFICE
FED 1 4 2007
COUNTY OF JACKSON,
)
Pollution
STATE OF
Control
ILLINC)!Bo
: ,,
Complainant,
)
V
,
)
Ac o7-
3
BOB OSINGA,
)
Respondent
.
)
Serve on :
Bob Osinga, 88 S .
Jungle 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
:
NameAddress
:
8a 6
u
:
Sex :
AgeDate :
of serviceMale
~-
:
X
7/-
V9
Female
2007
.
Time:
11: 3r A--m-
/S/ - •b
ert Burns, Jacks •
n
PLEASE RETURN TO :
DANIEL BRENNER
JACKSON COUNTY STATE'S ATTORNEY'S OFFICE
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARP1 EC E 1 V E C
CLERK'S
OFFICE
COUNTY OF JACKSON,
)
FEB 1 4 2007
STATE OF ILLINOIS
Complainant,
)
Pollution Control Boars
v .
)
AC 07-
4
3
BOB OSINGA,
)
Respondent .
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of Jackson
.
I
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3rd Floor
Murphysboro, IL 62966
618-687-7200
 
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 ownerand 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 # 0778105047 . The facility is
known to the Agency as the Murphysboro/Bob Osinga site .
3 . The Respondent has owned, occupied, controlled and/oroperated the facility at all
relevant times hereto .
4. On January9, 2007, Don Terry, Field Inspector, Jackson County Health Department,
inspected the facility . A true and correct copy of the inspection report, along with Mr
. Terry's
affidavit, are attached and incorporated herein by reference as Exhibit A .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
REREOVED
COUNTY OF JACKSON,
)
FEB 1 4 2007
Complainant,
)
.Pollution
STATE OF
Control
ILLINOISBoard
V .
;
AC
Site
07Code-
:
3
778105047
BOB OSINGA,
)
Respondent.
)
 
VIOLATIONS
On the basis of Field Inspector, Don Terry's, direct observation, he has determined that
the Respondent has caused or allowed 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)
.
2
. The Respondent has caused or allowed the deposition of general construction or
demolition ; or clean construction or demolition debris in violation of 415 ILCS 5/21(p)(7)
.
CIVIL PENALTY
In accordance with 415 ILCS 5/42 (b)(4-5), the Respondent is subject to a civil penalty
of $1,500
.00 for each of violations specified above . Additionally, should the Respondent elect
to petition the Illinois Pollution Control Board underthe 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 $3,000 .00 fine.
If you acknowledge the violations cited herein above, the civil penalty shall be due and
payable no later than March 1, 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, anyjudgmentthat maybe rendered against you shall specifythe 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 elect to
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 service of the present
citation on you . If you fail to file your Petition, a Default Order aqainstvou will 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 :
DATED :
J
'
2007
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse,
3`d
Floor
Murphysboro, 1162966
Daniel Brenner
Assistant State's Attorney
 
REMITTANCE FORM
RECEIVED
CLERKS OFFICE
COUNTY OF JACKSON,
)
FEB 1 4 2007
Complainant,
)
STATE ControlNBIa'o
v.
)
NO. AC 07 - b
BOB OSINGA,
)
Respondent .
)
FACILITY:
Murphysboro/Bob Osinga Site
COUNTY
:
JACKSON
DATE OF INSPECTION : January 9, 2007
SITE CODE :
0778105047
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
 
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN THE MATTER OF :
077 810 5047 /Jackson County
Murphysboro / Bob Osinga
COMPLIANCE FILE
Respondent .
Afflant, Don Terry, being first duly sworn, voluntarily deposes and states as follows :
Affant 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 9 :19 am and 9 :30 am, Affiant
conducted an inspection of the open dump site known as Murphysboro / Bob
Osinga, 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 Bob Osinga,
Murphysboro, Illinois, open dump site .
Don Terry
Environmental Compliance spector
Subscribed and Sworn To before me
this / G
day of ,Jpti ;,ta vy
2007
A ,
EXHIBIT A
"OFFICIAL SEAL"
Tracy L
. Hartung
Notary Public, State of Illinois
lay
Commission Expires 8/24/10
 
Weather: 38°F -
cloudy with strong NW winds
115
yds' Samples Taken : Yes #
Complaint # : 2004--045
Latitude : 37 .69987
Longitude : -89 .36263
Collection Point Description : Site Entrance -
(Example: Lat. : 41 .26493
Collection Method : GPS - Accuracy +/- 27 feet
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Jackson
LPC#:
077 810 5047
Region: 7 - Marion
Location/Site Name :
Murphysboro / Bob Osinga
Date
:
01/09/2007 Time: From 9
:19 am
To 9:30 am
Previous Inspection Date: 06/03/2005
Inspector(s) :
Don Terry
No . of Photos Taken : # 14
Est. Amt . of Waste :
Interviewed :
no one
Long . : -89 .38294)
Mr. Bob Osinga
88 S. Jungle Road
Murphysboro, IL 62966
(Open Dump - 1 )
No
SECTION
DESCRIPTION
VIOL
LLINOIS
. .
ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
'~,'
."i
t .^~`b
.'
1 . 9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
2.
9( c)
CAUSE OR ALLOW OPEN BURNING
I
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
113
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
(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 #
077 810 5047
Inspection Date
:
01/09/2007
9.
10.
11 .
12.
13.
14.
15.
(7)
55(a)
(1)
(2)
35ILLINOIS ADMINISTRATIVE CODEEREQUIREMENTS
SUBTITLE
812 .101(a)
722 .111
808.121
809
.302(a)
OTHER :
Deposition of General Construction or Demolition Debris ; or Clean Construction or
Demolition Debris
NO PERSON SHALL :
Cause or Allow Open Dumping of Any Used or Waste Tire
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
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
OTHER.-REQUIREMENTS
APPARENT VIOLATION OF: (p) PCB ; (o) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON :
807 .201 Developmental Permit & 807 .202 Operational Permit
El
aLI
0
0
a
aa
0
R
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 10/5/2005
(Open Dump - 2)
 
0 en Dum
C.'
•S
ite Narrative
:++~q';T'I
TTTWTAp
•, ny'~.T^.^,±m
. .~~±fnF L,
.,t?r
Inspection Report Document :
Approximate
GENERAL REMARKSVolume
of Waste atSite : 115 cu / yds .
During the stated date and time, I conducted an inspection of the site listed above
. This inspection
was made as a follow up to inspections made of this site during which open dumping violations
were observed . Also, on May 3, 2004, this office received from Mr . Osinga a letter stating that he
should have the site cleaned up in four to six weeks (Attachment, Page 1) .
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 Bob Osinga .
I arrived at the site and from South Jungle Road, a public roadway, observed waste that continued
to be open dumped (Photo
#1, Site Sketch Area A) . The waste appeared unsightly and
unorganized . I then entered the site to continue my inspection .
In an area west of an abandoned mobile home (Site Sketch Area A), I observed open dumped
waste that included, but was not limited to
: dimensional lumber, scrap metal, metal items, plastic
items, metal barrels, plywood, plastic jugs and containers and an air conditioner (Photos #1 - #5,
Site Sketch Area
A) .
I observed that the mobile home continued to appear abandoned and was damaged so that the
contents were exposed to weathering (Photos #6, #9 & #10, Site Sketch)
.
To the east of the abandoned mobile home I observed waste that included, but was not limited to :
metal barrels, a water heater, waste tires, dimensional lumber, a window, metal siding and wire
fencing (Photos #7 & #8, Site Sketch Area B)
.
To the north of the mobile home I observed waste piles that included but were not limited to :
dimensional lumber, furniture, cardboard, metal items and plastic items (Photos #11 & #12, Site
Sketch Area C) .
Date of
Inspection : January 9, 2007
Inspector : Don Terry
Site Code: 077 810 5047
County: Jackson
Site Name
: Murphysboro / Bob Osinga
Time: 9:19 am - 9 :30 am
Location : Lat 37 .69987 Long -89 .36263
GPS Accuracy : +/- 27 feet
 
Page 2
077 810 5047
Murphysboro / Bob Osinga
January 9, 2007
I walked south to an area west of a small shed (Site Sketch, Shed B), and observed a lead acid
battery and a waste tire that had been open dumped (Photos #13 & #14, Site Sketch Area D)
.
At the time of the inspection, the items at the site 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 total volume of waste observed at the site was approximately 115 cubic yards
.
My inspection ended at approximately 9 :30 am
.
Continuing Violations Observed
:
Item #5(21)(a): Cause or allow open dumping ; Item #8(21)(p)(1 and 7)
: 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 and (7) Deposition of general construction or demolition debris
;
or clean construction or demolition debris
: During the inspection the continued open dumping
of waste that resulted in litter and the deposition of general construction or demolition debris was
observed .
Item#6(21)(d)(1):
Conduct any waste-storage, waste-treatment, or waste-disposal
operation: Without a permit: On the day of the inspection, this office still had no record that the
site owner had received a permit from the Illinois Environmental Protection Agency (Agency), to
conduct a waste-storage, waste-treatment or waste-disposal operation
.
Item#6(21)(d)(2)
:
Conduct any waste-storage, waste-treatment, or waste-disposal
operation : In violation of any regulations or standards adopted by the Board
: During the
inspection, continued violations of regulations or standards adopted by the Board regarding daily
cover and litter containment were observed .
Item #7(21)(e)
:
Dispose, treat, store, or abandon any waste, or transport any waste into the
State at/to sites not meeting requirements of the Act : During the inspection, I observed
multiple metal barrels, multiple air conditioning units and multiple BBQ grills that would indicate the
waste had been transported to the site for from another location for disposal, storage or
abandonment . This site does not meet the requirements of a landfill
.
Item#9(55)(a)(1): No person shall: Cause or allow open dumping of any used or waste tire
:
During the inspection, the continued open dumping of waste tires was observed
.
 
Page 3
077 810 5047
Murphysboro / Bob Osinga
January 9, 2007
Item #10(812 .101)(a) : Failure to submit an application for a permit to develop and operate a
landfill : On the day of the inspection, this office still had no record that the site owner had
applied to the Agency for a permit to develop and operate a landfill .
Item #15(807 .201) : Failure to obtain a Developmental Permit to operate a solid waste
management site : On the day of the inspection, this office still had no record that the site owner
had obtained from the Agency a Developmental Permit to operate a solid waste management site .
Item #15(807 .202) : Failure to obtain an Operational Permit to operate
a solid waste
management site : On the day of the inspection, this office still had no record that the site owner
had obtained from the Agency an Operational Permit to operate a solid waste management site
.
 
Date Of Inspection : January 9, 2007
Site Code : 077 810 5047
Site Name: Murphysboro / Bob Osinga
Not Drawn to Scale
All Locations Are Approximate
O-OWIndicates Approximate Location & Direction of Photos
OPEN DUMP INSPECTION
SITE SKETCH
40
•
v
W4)
Shed I
Inspector: Don Terry
County
: Jackson
Time:
9:19
am
- 9 :30 am
fN
~ dumpster
Poplar Ridge Rd
 
RECEIVED
MAY 0 3 2004
Jackson
Murphysboro,
County
IllinoisHealth
Dept
.
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LL ,
C, ~
07
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7-'lls
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Attachment
Page
K 6 I
r
yq,.ti.5
444 c6,
~.~D . a
''
 
Date of Inspection : January 9, 2007
Photos by
: Don Terry
Photo Name :
0778105047-01092007-01
Time: 9 :20 am
Photo Taken Toward :
Northeast
Photo Name:
0778105047-01092007-02
Time: 9 :20 am
Photo Taken Toward :
Southeast
Jackson County Inspection Digital Photo Sheet - Page 1
Site # : 077 810 5047
Site Name
: Murphysboro / Bob Osinga
 
Cw3
Jackson County Inspection Digital Photo Sheet - Page 2
Date of Inspection : January 9, 2007
Photos by : Don Terry
Photo Name :
0778105047-01092007-03
Time: 9
:20 am
Photo Taken Toward :
Southeast
Photo Name :
0778105047-01092007-04
Time: 9:21 am
Photo Taken Toward :
South
Site #: 077 810 5047
Site Name: Murphysboro / Bob Osinga
 
tw3
A ,
of Inspection
: January 9, 2007
Photos by : Don Terry
Photo Name:
0778105047-01092007-05
Time: 9:21
am
Photo Taken Toward :
East
Photo Name :
0778105047-01092007-06
Time : 9:21 am
Photo Taken Toward :
Northeast
Jackson County Inspection Digital Photo Sheet - Page 3
Site #
: 077 810 5047
Site Name: Murphysboro / Bob Osinga
 
Cw3
Date of Inspection
: January 9, 2007
Photos by
: Don Terry
Photo Name :
0778105047-01092007-07
Time : 9:22 am
Photo Taken Toward :
East
Photo Name:
0778105047-01092007-08
Time: 9 :22 am
Photo Taken Toward
:
North
Jackson County Inspection Digital Photo Sheet
- Page 4
Site #: 077 810 5047
Site Name
: Murphysboro / Bob Osinga
 
Date of Inspection
: January 9, 2007
Photos by
: Don Terry
Photo Name :
0778105047-01092007-09
Time: 9:22 am
Photo Taken Toward :
Northeast
Photo Name:
0778105047-01092007-10
Time: 9 :23 am
Photo Taken Toward :
Southeast
Jackson County Inspection Digital Photo Sheet - Page 5
Site #: 077 810 5047
Site Name
: Murphysboro / Bob Osinga
 
Ew3
Jackson County Inspection Digital Photo Sheet - Page 6
Date of Inspection: January 9, 2007
Photos by : Don Terry
Photo Name :
0778105047-01092007-11
Time : 9
:23 am
Photo Taken Toward
:
Northeast
Photo Name:
0778105047-01092007-12
Time : 9:23
am
Photo Taken Toward :
North
Site #
: 077 810 5047
Site Name: Murphysboro / Bob Osinea
 
Date of Inspection :
January 9, 2007
Photos by
: Don Terry
Photo Name:
0778105047-01092007-13
Time : 9:26 am
Photo Taken Toward :
North
Photo Name:
0778105047-01092007-14
Time:
9 :26 am
Photo Taken Toward :
North
Jackson County Inspection Digital Photo Sheet
- Page 7
Site #: 077 810 5047
Site Name : Murphysboro / Bob Osinga

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