INFORMATIONAL NOTICE
RECEIVEDCLERK'S
OFFICE
MAR 2 3 2007
STATE OF
I ar
Pollution n~ 'hoardIs
~ Cd
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) .
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
.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: March 21, 2007
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
)
AC
O
l-SC)
v.
)
(IEPA No
. 56-07-AC)
DOUG HENSLEY and ERIC & CHARMIN)
JOSEPH,
)
Respondents .
)
NOTICE OF FILING
To : Eric & Charmin Joseph
Doug Hensley
P
.O
. Box 363
P.O. Box 27
Stronghurst, IL 61480
Raritan, IL 61471
Respectfully submitted,
MAR 2 3 2007
Pollution
STATE OF
Control
ILLINOIS
Board
Michelle M . RyanA,i.VJ
A
/Cr
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V .
DOUG HENSLEY and ERIC & CHARMIN
JOSEPH,
Respondents .
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 Eric and Charmin Joseph are the present owners and Doug Hensley is the
operator (collectively "Respondents") of a facility located at 204 South Trenton, Raritan, Henderson
County, Illinois
. The property is commonly known to the Illinois Environmental Protection Agency as
Hensley, Doug .
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 0710355002 .
3.
That Respondents have owned/operated said facility at all times pertinent hereto
.
4.
That on March 5, 2007, R
. Eugene Figge of the Illinois Environmental Protection
Agency's Springfield Regional Office inspected the above-described facility
. A copy of his
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
ADMINISTRATIVE CITATION
MAR 2 3 2007
STATE OF
ILLINOIS
Pollution Control Board
(IEPA No . 56-07-AC)
inspection report setting forth the results of said inspection
is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by R
. Eugene Figge during
the course of his March 5,
2007 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).
(2) That Respondents caused or allowed the open dumping of waste
in a manner resulting
in 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), 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
Three Thousand Dollars ($3,000
.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 May 15, 2007,
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,
2
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 .
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
.
Douglas .
Scott, Director ,(+a
Illinois Environmental Protection Agency
Date :
S121) 0-7
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
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
MAR 2 3 2007
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
j
D
Complainant,
)
AC 01 -450
V .
)
( IEPA No . 56-07-AC)
DOUG HENSLEY and ERIC & CHARMIN
)
JOSEPH,
)
Respondents
.
)
FACILITY:
Hensley, Doug
SITE CODE NO . :
0710355002
COUNTY
:
Henderson
CIVIL PENALTY :
$3,000.00
DATE OF INSPECTION
:
March 5, 2007
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
)
Eric & Charmin Joseph
)
Doug Hensley
)
IEPA DOCKET NO .
RESPONDENT
)
Affiant, R
. Eugene Figge, 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 March 5, 2007, between 10
:50 a .m . and 11 :10 a .m .,
Affiant conducted an inspection of the open dump in Henderson County,
Illinois, known as Hensley, Doug, Illinois Environmental Protection
Agency Site No . 0710355002 .
3 .
Affiant inspected said Hensley, Doug 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 Hensley, Doug open dump
.
Subscribed and Sworn to before
me this "/
day of 1F1U rc.lR,
CL
~/r J
. >i'2/i
i
Not/ary Public
(
ICIAI S A[
.
y
otary
Co
Carolyn
mission
PUNIC,
SState
•
Expires
Schlueterof
lllinois8/20/07
County : Henderson
LPC#:
0710355002
Location/Site Name :
Raritan/Hensley, Doug
Date:
03/05/2007 Time
: From 10:50 am To 11 :10 am
Previous Inspection Date
: 11/29/2006
Inspector(s) : R . Eugene Figge
Weather
: Clear 40 F
No. of Photos Taken
: # 4
Est. Amt. of Waste : 10
yds3
Samples Taken :
Yes #
Interviewed :
No One On Site
Complaint #
:
Responsible Party
Mailing Address(es)
and Phone
Number(s) :
Revised 9/21/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
Eric & Charmin Joseph
P.O . Box 363
Stronghurst, Illinois 61480
Region
:
3 - Peoria
No
Doug Hensley
P
.O
. Box 27
Raritan, Illinois 61471
(Open Dump
- 1)
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
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
12(d)
CREATE A WATER POLLUTION HAZARD
U
21 (a)
CAUSE OR ALLOW OPEN DUMPING
~~
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR
WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
~~
(2)
In Violation of Any Regulations or Standards Adopted by the Board
~~
7. 21 e
DISPOSE, TREAT, STORE,
OR ABANDON ANY WASTE, OR TRANSPORT ANY
, ,
TEINT
•
_
_TT •
•
k ; •
I • M . ,
0
_-
~~
8.
CAUSE OR
ALLOW THE OPEN DUMPING OF ANY WASTE
IN A
MANNER WHICH RESULTS
, uY
•F
._ F
• • , , •
; ; N
_ . I
P T
(1)
Litter
IAS
(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 #
0710355002
Inspection Date :
0
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 II-CS 5/4(c) and (d).
6
. Items marked with an "NE" were not evaluated at the time of this inspection
.
Revised 9/21/2005
(Open Dump -
2)
Deposition of General Construction or Demolition Debris
; or Clean Construction or
~~
(7)
Demolition Debris
9. 55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10. 812 .101(a)
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. 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
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF :( )PCB ;( )
CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15. OTHER :
0710355002 -- Henderson County
Hensley, Doug
FOS
Inspection Date : March 5, 2007
Prepared By : R . Eugene Figge
Page 1
NARRATIVE
On March 5, 2007 an inspection was conducted from 10
:50 a.m
. until 11 :10 a .m
. at Hensley,
Doug by R
. Eugene Figge (this author) of DLPC/FOS -
Peoria. The inspection was conducted as
a follow-up to an inspection that had been conducted on November 29, 2006
.
On the site the author observed a trailer full of household refuse
. See photographs I and 2 . At
the rear of the property there was an accumulation of household and general refuse
.
See
photographs 3 and 4
. The accumulation also contained an old couch and a camper shell for a
puck up truck
. The same materials had been present on the site in the same location during the
November 29, 2006 inspection .
The following apparent violations were indicated on the inspection checklist
:
1 .
Pursuant to Section 21(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(a)), no person shall cause or allow the open dumping of any waste
.
A violation of Section 21(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(a)) is alleged for the following reason :
Evidence of open dumping of waste was
observed during the inspection that indicated Eric and Charmin Joseph as owner
and Doug Hensley as operator had caused or allowed open dumping
.
2.
Pursuant to Section 21(d)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(I)), no person shall conduct any waste-storage, waste-treatment, or waste-
disposal operation without a permit granted by the Agency or in violation of any
conditions imposed by such permit
.
A violation of Section 21(d)(1) is alleged for the following reason
: Eric and Charmin
Joseph as owner and Doug Hensley as operator had allowed waste to be disposed
without a permit granted by the Illinois EPA
.
3 .
Pursuant to Section 21(d)(2) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(2)), no person shall conduct any waste-storage, waste-treatment, or waste-
disposal operation in violation of any regulations or standards adopted by the Board
under this Act .
A violation of Section 21(d)(2) is alleged for the following reason
: Eric and Charmin
Joseph as owner and Doug Hensley as operator had conducted a waste disposal
operation in violation of regulations adopted by the Illinois Pollution Control Board
.
4.
Pursuant to Section 21(e) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(e)), 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
0710355002 -- Henderson County
Hensley, Doug
FOS
Inspection Date : March 5, 2007
Prepared By : R. Eugene Figge
Page 2
facility which meets the requirements of this Act and of regulations and standards
thereunder .
A violation of Section 21(e) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(e)) is alleged for the following reason :
Eric and Charmin Joseph as owner and
Doug Hensley as operator had allowed waste to be disposed at this site which does
not meet the requirements of the Act and regulations thereunder
.
5.
Pursuant to Section 21(p)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(1)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in litter
.
The prohibitions specified in this subsection (p) shall be enforceable by the Agency either
by administrative citation under Section 31
.1 of this Act or as otherwise provided by this
Act
. The specific prohibitions in this subsection do not limit the power
of the Board to
establish regulations or standards applicable to open dumping .
A violation of Section 21(p)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(1)) is alleged for the following reason :
Eric and Charmin Joseph as owner and
Doug Hensley as operator had caused or allowed the open dumping of waste in a
manner which resulted in litter .
6.
Pursuant to Section 21(p)(7) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(7)) no person shall cause or allow the open dumping of waste in a manner that
results in deposition of (i) general construction or demolition debris as defined in Section
3 .160(a) of this Act
; or (ii) clean construction or demolition debris as defined in Section
3 .160(b) of this Act
.
A violation of Section 21(p)(7) is alleged for the following reason :
Eric and Charmin
Joseph as owner and Doug Hensley as operator caused or allowed the open dumping
of waste in a manner which resulted in deposition of general or clean construction
or demolition debris .
7 .
Pursuant to 35 111
. Adm. Code 812 .101(a), all persons, except those specifically exempted
by Section 21(d) of the {Illinois} Environmental Protection Act, shall submit to the
Agency an application for a permit to develop and operate a landfill
.
A violation of 35 Ill . Adm. Code 812
.101 (a) is alleged for the following reason
: The Eric
and Charmin Joseph as owner and Doug Hensley as operator had allowed the
operation of a waste disposal site without submitting to the Illinois EPA an
application for a,permit to develop and operate a landfill
.
Not to Scale
Dump
4- P3
State of Illinois Environmental Protection Agency Site Sketch
Inspector : R
. Eugene Figge
Date of Inspection: March 5, 2007
Site Name: Hensley, Doug
P,2
Trailer
House
LPC # :0710355002
County
: Henderson
Time: 10 :50 a.m. - 11 :10 a .m.
T N
0710355002 -- Henderson County
Hensley, Doug
FOS
DATE : March 5, 2007
TIME
: 11
:02 a.m .
PHOTOGRAPHED BY :
R. Eugene Figge
DIRECTION : Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER: I
PHOTOGRAPH FILE NAME :
0710355002-03052007-001 jpg
COMMENTS :
DATE : March 5, 2007
TIME: 11 :02 a .m.
PHOTOGRAPHED BY :
R
. Eugene Figge
DIRECTION : Photograph taken toward
the south .
PHOTOGRAPH NUMBER : 2
PHOTOGRAPH FILE NAME :
0710355002-03052007-002 .jpg
COMMENTS :
DOCUMENT FILE NAME :
0710355002-03052007
.doc
Site Photographs
Page 1 of 2
DATE : March 5, 2007
TIME
: 11
:02 a .m
.
PHOTOGRAPHED BY
:
R. Eugene Figge
DIRECTION
: Photograph taken toward
the west .
PHOTOGRAPH NUMBER :
3
PHOTOGRAPH FILE NAME :
071035500203052007-003 .jpg
COMMENTS :
DATE : March 5, 2007
TIME: 11 :02 a .m .
PHOTOGRAPHED BY :
R. Eugene Figge
DIRECTION : Photograph taken toward
the west .
PHOTOGRAPH NUMBER : 4
PHOTOGRAPH FILE NAME :
0710355002-03052007-004
.jpg
COMMENTS :
DOCUMENT FILE NAME :
0710355002-03052007 .doc
0710355002 -- Henderson County
Hensley, Doug
FOS
Site Photographs
Page 2 of 2
PROOF OF SERVICE
I hereby certify that I did on the 21st day of March 2007, 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: Eric & Charmin Joseph
Doug Hensley
P.O. Box 363
P.O. Box 27
Stronghurst, IL 61480
Raritan, IL 61471
7004 2510 0001 8587 8440
7004 2510 0001 8587 8464
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
7004 2510 0001 8587 8457
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
