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LASALLE COUNTY STATE'S ATTORNEY
R E QMtV_ E-:
IZ
CLERK'S OFFICE
.
APR 0 2 2007
STATE OF ILLINOIS
Pollution Control Board
Phone (815) 434-834
Fax (815) 434-8357
Mama of Dafan_
COUNTY OF
ADMINISTRATIVE CITFATION
i
COUNTY OF LASALLE
)
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)
v.
)
MIKE JO1R4S0N
)
Respondent
)
i
STATE OF
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JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the tlllnoois Environmental Protection Agency by 415
ILLS 5/31 .1, fotmarly 111.
Rev. Sat. 1991, Ch 11155, per
. 1031
.1, and ielegaeed to the County of IaSalle Panama to 415
IL.CS 514 (r), formerly It-Rev
. Sat, Ch. 111 '/a, par
. 1004 (r).
FACTS
1. That Respondent, Mite Joliaosoo, is the present owner aodlar
"alwa""
of property located in Fall River -
Township, LaSalle County, Illinois
.
2
. That said 8teiilty is
an open dump, operating without an Dlinois Eavircwnaital Protection Agency Permit, and
designated with Site Code No
. 0998105009. Said facility is
known to
tike
Agency as the Johnson
Properly-
3.
That the Respondent has owned and/or operated said facility suite May, 2004
.
4. That on March 9.2007
. Christy Vmgochik, Landfill laspector
jand Matthew
Stafford,
Supervisor of Field
Operations, LaSs a County Department of &vStrneatal Serv4ces and Land Use, sunder the authority of the
Illinois
Environmental
Protection Agency, inspected the above ies crr'bed thcility A copy of the inspection
reports setting forth the results of such inspections are attached hereto and made a part
hereof
_
JOSEPH P
. HET
13th Judicial Circui
EL
707 East Etna Road, Roo
Ottawa, Illinois 613
251
LASALLE COUNTY STATE'S ATTORNEY
_
JOSEPH P. HETTEL
13th Judicial Circuit
R E C
E II
EV
D
707 East Etna Road, Room 251
Ottawa, Illinois 61350
APR 0 2 2007
Phone (815) 434-8340
Fax (815) 434-8357
STATE OF ILLINOIS
Pollution Control Board
STATE OF ILLINOIS
COUNTY OF LASALLE
ADMINISTRATIVE CITATION
COUNTY OF LASALLE
)
Complainant
)
V.
)
MIKE JOHNSON
)
AC NO . O
Respondent
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois Environmental Protection Agency by 415
ILCS 5/31 .1, formerly Ill. Rev. Stat. 1991, Ch. 111 '/, par
. 1031 .1, and delegated to the County of LaSalle pursuant to 415
ILCS 5/4 (r), formerly Ill
. Rev . Stat., Ch . 111 '/, par . 1004 (r) .
FACTS
1
. That Respondent, Mike Johnson, is the present owner and/or operator of property located in Fall River
Township, LaSalle County, Illinois
.
2 . That said facility is an open dump, operating without an Illinois Environmental Protection Agency Permit, and
designated with Site Code No . 0998105009
. Said facility is commonly known to the Agency as the Johnson
Property.
3 . That the Respondent has owned and/or operated said facility since May, 2004
.
4. That on March 9, 2007, Christy Vargochik, Landfill Inspector„ and Matthew Stafford, Supervisor of Field
Operations, LaSalle County Department of Environmental Services and Land Use, under the authority of the
Illinois Environmental Protection Agency, inspected the above described facility
. A copy of the inspection
reports setting forth the results of such inspections are attached hereto and made a part hereof
.
VIOLATIONS
5.
On the basis of direct observations of Christy Vargochik and Matthew Stafford of the LaSalle County Department
of Environmental Services and Land Use, it has been determined that the Respondents have caused or allowed
open dumping at the above described facility in a manner which results in the following occurrences
:
That on March 9,
2007, an on-site inspection of said facility disclosed the following :
x x Causing or allowing litter -- 415 ILCS 5/21 (p)
(1), (formerly Ill . Rev . Stat. 1991, ch. 111 '/2, par.
1021 (p) (1) [formerly par. 1021 (q) (1)]).
Causing or allowing scavenging operations --
415 ILCS 5/21 (p) (2), (formerly Ill . Rev. Stat.
1991, ch
. 111 1/2,
par. 102 (p) (2) [formerly par. 1021 (q) (2)])
.
Causing
or allowing open burning -- 415 ILCS 5/21 (p) (3), (formerly 111 . Rev. Stat. 1991, ch. I l l
%2, par. 1021(p) (3) [formerly par . 1021 (q) (3)]) .
Causing
or allowing the deposition of waste in standing or flowing waters
--
415 ILCS 5/21 (p)
(4), (formerly III . Rev. Stat. 1991, ch. 111 '/z, par
. 1021 (p) (4) [formerly par . 1021 (q) (4)]) .
Causing or allowing proliferation of disease vectors
-- 415 ILCS 5/21 (p) (5), (formerly Ill . Rev.
Stat . 1991, ch. 11 1 '/s, par. 1021(p) (5) [formerly par
. 1021 (q) (5)]) .
Causing or allowing the generation of standing or flowing liquid discharge from the open dump
site -- 415 ILCS 5/21 (p)
(6), (formerly 111. Rev. Stat. 1991, ch. 111 '/z, par. 1021(p) (6) [formerly
par. 1021 (q) (6)]) .
CIVIL PENALTY
6 .
Pursuant to 415 ILCS 5/42 (b) (4), formerly Ill . Rev. Stat. 1991, ch. Ill %, par
. 1042 (b) (4),
Respondent herein
is subject to a civil penalty of Fifteen Hundred Dollars ($1500 .00) for each violation specified above in Paragraph
5(b) for a total of Fifteen Hundred Dollars ($1500 .00)
. Additionally, should Respondent elect to petition the
Illinois Pollution Control Board under the review process described herein below, and if there is a finding of
the violation 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, in
addition to the Fifteen Hundred Dollar ($1500 .00) statutory penalty for each finding of violation .
7.
If you acknowledge the violations cited herein above, the civil penalty specified above shall be due and payable
no later than thirty-five (35) days from the date of service hereof
. If you do not petition the Illinois Pollution
Control Board of review of this Administrative Citation within thirty-five (35) days of service hereof or if you
elect to contest this Administrative Citation, any judgment rendered against you shall specify the due date of
the statutory civil penalty and any costs assessed against you .
8
. When payment is made, your check should be made payable to the
LASALLE COUNTY DEPARTMENT
OF ENVIRONMENTAL SERVICES AND LAND USE and mailed to :
LaSalle County Department of Environmental Services and Land Use
119 West Madison Street
Room 105
Ottawa, Illinois 61350
Also, please complete and return the enclosed Remittance Form, along with your payment, to assure proper
documentation of payment
.
9.
If any civil penalty imposed by the Illinois Pollution Control Board is not paid within the time prescribed in the
order, interest from such penalty will be assessed for the period from the date payment is due until the date
payment is received
. If any civil penalty, by reason of ackpowledgment, default or finding after the
adjudicatory hearing is not paid when due, the LaSalle County State's Attorney may initiate proceedings in
Circuit Court to collect said civil penalty . In addition to the previously assessed civil penalty, interest and
hearing costs of the Illinois Pollution Control Board, if any, the State's Attorney's Office will seek to recover
their costs of litigation .
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
10 . You have the right to contest this Administrative Citation
.
See
: 415 ILCS 5/31 .1, formerly Ill . Rev . Stat
. 1991,
Ch. 111 %, par. 1031 .1 . If you elect to contest this Administrative Citation, you must file a Petition for Review
with the Clerk of the Illinois Pollution Control Board
. Copies of the Petition for Review should also be filed
with :
Troy D . Holland
LaSalle County Special Assistant State's Attorney
707 Etna Road
Ottawa, Illinois 61350
LaSalle County Department of Environmental Services and Land Use
119 West Madison Street
Room 105
Ottawa, Illinois 61350
Such Petition for Review must be filed within thirty-five (35) days of the date of service of this Administrative
Citation, or a default judgment shall be entered by the Pollution Control Board
. Petition for Review may be
filed with the :
Clerk of the Illinois Pollution Control Board
James R
. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
Dated
: 3 - Z.Z- 0-7
Brian Towne
LaSalle County State's Attorney
By:
Troy D . Holland
Special Assistant State's Attorney
INFORMATIONAL NOTICE!!!
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS
NOTE: This Administrative Citation Refers to One State Agency and Two County Entities
The One State Agency Is:
ILLINOIS POLLUTION CONTROL BOARD
JAMES R. THOMPSON CENTER
100 WEST RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
The Two County
Entities Are :
LASALLE COUNTY STATE'S ATTORNEY OFFICE
ATTENTION: TROY D. HOLLAND
707 ETNA ROAD
OTTAWA, ILLINOIS 61350
LASALLE COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES AND LAND USE
119 WEST MADISON STREET
ROOM 105
OTTAWA, ILLINOIS 61350
If you elect to contest the enclosed
ADMINISTRATIVE CITATION, you must file a PETITION FOR
REVIEW within 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 the PETITION FOR REVIEW to the
CLERK OFTHE
ILLINOIS
POLLUTION CONTROL BOARD at the address given above
. A copy of the PETITION FOR REVIEW should be
either hand-delivered or mailed to the LASALLE COUNTY STATE'S ATTORNEY'S OFFICE, ATTENTION :
TROY D. HOLLAND at the address given above
. Also, a copy of the PETITION FOR REVIEW should be either
hand-delivered or mailed to the LASALLE COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES AND
DEVELOPMENT at the address given above.
COUNTY OF LASALLE
Complainant
V .
MIKE JOHNSON
Respondent(s)
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
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 :
LaSalle County Department of Environmental Services and Land Use
119 West Madison Street, Room 105
Ottawa, IL 61350
REMITTANCE FORM
FACILITY
:
Mike Johnson
Site Code:
0998105009
2541 E. 22nd Rd.
County :
LaSalle
Marseilles, IL 61341
Township:
Fall River
CIVIL PENALTY:
$1500 .0 for each violation
Number of Violation(s) :
one (1)
Total Remittance :
$1500.00
Date of Inspection:
March 9, 2007
DATE REMITTED:
SS/FEIN NUMBER
SIGNATURES
STATE OF ILLINOIS
COUNTY OF LASALLE
COUNTY OF LASALLE
)
Complainant
)
v .
)
MIKE JOHNSON
)
AC NO .
Respondent(s)
)
AFFIDAVIT
Affiant, Christy Vargochik, being first duly sworn, voluntarily deposes and states as
follows :
1 . Affiant is a field inspector employed by the County of LaSalle and has been so employed at all times pertinent
hereto .
2 . On March 9, 2007 between 10 :50 a .m . and 11 :05
a
.m .,
Affiant conducted inspections of a disposal/storage site
operated without an Agency permit, located in LaSalle County, Illinois and known as the Johnson Property by the
Illinois Environmental Protection Agency . Said site has been assigned site code number 0998105009 by the
Agency .
3 . Affiant inspected the said Fall River Township /Johnson Property open dump site by an on-site inspection which
included driving through and photographing the site
.
4 . As a result of the material actions referred to in paragraph 3 above, Affiant completed the Inspection
Report
Forms 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 Fall River Township /
Johnson Property open dump .
Subscribed
nd
and Sworn to Before Me
this' day of /)1o'.f
ch
A .D . 2007 .
Alk w
. .
!~ U
a I's
Notary Public
OFFCKVA
OWGALWRTI
8
. As a result of the material actions referred to in paragraph 3 above, Affiant completed the Inspection
Report
Forms 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 Fall River Township /
Johnson Property open dump .
Subscribed and Sworn to Before Me
this/~
Subscribed_ ,and
of
ro
,
A .D. 2007 .
.4 se
iA
LI trieJ
Notary Public
STATE OF ILLINOIS
COUNTY OF LASALLE
COUNTY OF LASALLE
)
Complainant
)
v .
)
MIKE JOHNSON
)
AC NO .
Respondent(s)
)
AFFIDAVIT
Affiant, Matthew Stafford, being first duly sworn, voluntarily deposes and states as follows :
5. Affiant is afield inspector employed by the County of LaSalle and has been so employed at all times pertinent
hereto .
6 . On March 9, 2007 between 10 :50 a
.m . and 11 :05 a.m ., Affiant conducted inspections of a disposal/storage site
operated without an Agency permit, located in LaSalle County, Illinois and known as the Johnson Property by the
Illinois Environmental Protection Agency . Said site has been assigned site code number 0998105009 by the
Agency .
7 . Affiant inspected the said Fall River Township/ Johnson Property open dump site by an on-site inspection which
included driving through and photographing the site .
~'-jggj1jjj"
La I
CHANOA
OFFICIALL
WAMARTI
NOTARY PUBLIC-STATE OF ILLINOIS
Art' COWASSION EIPIIES :092&m
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
Revised 09/22/2000
(Open Dump
- 1 )
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
~~
6. 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,
WASTE INTO
TREAT,
THE STATE
STORE,
AT/TO
OR ABANDON
SITES NOT
ANY
MEETING
WASTE,
REQUIREMENTS
OR TRANSPORT
OF
ANYACT
~~
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
5
(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
∎
Deposition of General Construction or Demolition Debris
; or Clean Construction or
Demolition Debris
County : LaSalle
LPC#:
0998105009
Region : 1 - Rockford
Location/Site Name :
Fall River Township / Mike Johnson Property
Date:
Mar. 9, 2007
Time:
From 10:50a To 11 :05a Previous Inspection Date : Aug . 29, 2006
Inspector(s) : Christy Vargochik, Matt Stafford
Weather : Sunny and -34°
No
. of Photos Taken : # 6
Est. Amt. of Waste : 480
yds3 Samples Taken : Yes #
No
Interviewed :
Complaint #: Co 02-018
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Mike Johnson
2541 E . 22nd Road
Marseilles, IL 61341
LPC # : 0998105009
Inspection Date
: March 9, 2007
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 no
nstrued as legal
conclusions of the Agency or as limiting the Agency's statutory or regulatory powers . R
rements 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 09/22/2000
(Open Dump -
2)
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
5
13. 809 .302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER
WITHOUT A WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND PERMIT ANDIOR MANIFEST
C
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF
: ( ) PCB; ( ) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON :
15. OTHER :
NARRATIVE INSPECTION REPORT DOCUMENT
Date of Review
: March 9, 2007
Inspector(s) :Christy Vargochik, Matt Stafford
Site Code : 0998105009
Time
: 10 :50 a.m. - 11 :05 a.m.
GENERAL REMARKS
Christy Vargochik and Matthew Stafford representing the LaSalle County Department of Environmental
Services and Land Use under the delegated authority of the Illinois Environmental Protection Agency at the
property of Mike Johnson performed a solid waste landfill inspection on March 9, 2007 . The property is
located in Section 26 of Fall River Township, and the mailing address is 2541 East 22nd Road, Marseilles,
Illinois. During the inspection the following was noted:
causing or allowing open dumping ; disposing and
storing of waste at a site not meeting requirements of the Act and Regulations
; causing or allowing
the open
dumping in a manner which is resulting in litter at the dump site, causing or allowing the open dumping of
waste tire, and
; failure to submit an application for a permit to develop and operate a landfill .
Weather conditions noted on arrival were sunny and approximately 34 degrees .
we arrived at the site at 10 :50 a.m. We drove slowly along the driveway, and found a copious amount
of
lawn mower parts stored on the north side of the driveway (photo 1058 .64). We continued to the west, and
found two cars and a truck parked next to the shed (photo 1058 .65). We then turned around in the
neighboring driveway, and headed back through the property . After passing the small bridge, Mrs .
Vargochik photographed a pile of pallets and a pick up truck in the back yard (photo 1058.66 and .67). Upon
reaching the back corner of the house, we spotted a truck, a car, two RV's, and other material (photo
1058.68). A final photograph was taken of a car, a makeshift trailer filled with material, and other items near
the house (photo 1058 .69)
. This concluded the inspection, and we left the site at 11 :05 a.m.
EXPLANATION OF PHOTOGRAPHS
1058.64 Shows a copious amount of lawn mower parts . Photo taken facing northwest
.
1058.65 Shows two cars and a truck parked next to the shed . Photo taken facing northwest .
1058.66 Shows a large pile of pallets in the back yard . Photo taken facing southeast .
1058 .67 Shows a pick up truck in the back yard . Photo taken facing southeast .
1058.68 Shows a truck, a car, two RV's, and other material . Photo taken facing southeast .
1058.69 Shows a car, a makeshift trailer filled with material, and other items . Photo taken facing
southeast.
johnsonnar
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date of Inspection :
TI(
wit
q
2. D1
Inspector:
Site Code:
_0_ oL
_q *o
_I
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SiteName:
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:
:
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1
,t - AREA
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.
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(2) _6 ke
® = VE41euE
DATE : 03 / 09 / 07
TIME
: 10:54
a.m
.
PHOTOGRAPH TAKEN BY :
Christy Vargochik
COMMENTS: Picture taken
toward:
---------------------------------------------
Northwest
---------------------------------------------
---------------------------------------------
---------------------------------------------
---------------------------------------------
---------------------------------------------
---------------------------------------------
DISK#:1058
PHOTO#: 64
SITE#: 0 9 9 8 1 0 5 0 0 9
CO. :
LASALLE
SITE NAME : Mike Johnson Property
INSPECTION PHOTOS
DATE: 03 / 09 / 07
TIME: 10:54 a.m
.
PHOTOGRAPH TAKEN BY
:
Christy Vargochik
COMMENTS : Picture taken
toward
:
---------------------------------------------
Northwest
---------------------------------------------
---------------------------------------------
---------------------------------------------
---------------------------------------------
---------------------------------------------
---------------------------------------------
DISK # : 1058
PIIOTO # : 65
