BEFORE THE
ADMINISTRATIVE
ILLINOIS POLLUTION
CITATIONCONTROL
BOAIECEIVED
CLERK'S OFFICE
COUNTY OF JACKSON,
)
MAY 14 2007
Complainant,
STATE
O
)
Pollution Control Board
V.
)
AC
Site
07Code-J
O
: 0778035019
RYAN DANTONE, d/b/a
)
THE GALLERY,
)
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, Ryan Dantone, 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 Respondent, Ryan Dantone, also operates a business situated
at the site doing
business as 'The Gallery' .
3
. The facility is an open dump, operating without an Illinois
Environmental Protection
Agency Operating Permit, and designated with the Site Code #
0778035019. The facility is
known to the Agency as the DeSoto/Ryan Dantone site
.
4
. The Respondent has owned, occupied, controlled and/or operated
the facility at all
relevant times hereto .
5. On April 5, 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
.
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 April 5, 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 Respondents has caused or allowed open burning at the facility in violation of
415 ILCS 5/21(p)(3) .
3
. The Respondent has caused or allowed the deposition of general construction or
demolition debris
; or clean construction or demolition debris at the facility 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 the 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 $4,500
.00 fine.
If you acknowledge the violations cited herein above, the civil penalty shall bed ue and
payable no later than June 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, any judgment that maybe 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, in accordance with its rules,
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 daysof the
date of service of the present citation on you . If you fail to file your Petition, a Default
Order aqinst you will be entered by the Pollution Control
Board . Your original Petition
must be filed with the Clerk of the Board at :
A copy must also be sent to:
DATED :
Pp a l 24 ,
2007
Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3` d Floor
Murphysboro, 1162966
Daniel
~'~`
Brenner
Z A
of
Assistant State's Attorney
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
MAY 1 4 2007
COUNTY OF JACKSON,
)
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
v.
)
NO. AC 07
- J
RYAN DANTONE, d/b/a
)
THE GALLERY,
)
Respondent .
)
FACILITY:
DeSoto/Ryan Dantone Site
COUNTY:
JACKSON
DATE OF INSPECTION
: April 5, 2007
SITE CODE :
0778035019
CIVIL PENALTY:
$4,500.00
Date
SS/FEIN
Remitted#
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 :
077 803 5019 / Jackson County
DeSoto / Ryan Dantone
COMPLIANCE FILE
Respondent
Affiant, Don Terry, being first duly sworn, voluntarily deposes and states as follows :
1 .
Aff ant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto .
2.
On April 5, 2007, between the hours of 2 :51 pm and 3
:00 pin, Affiant conducted
an inspection of the open dump site known as DeSoto / Ryan Dantone, Jackson
County, Illinois .
3.
Affant 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 Affant's observations and factual conclusions with respect to said Ryan
Dantone, DeSoto, Illinois, open dump site.
Don Terry
Environmental Compliance spector
Subscribed and Sworn To before me
this
/ b
day of fqpr; /
, 2007
Exhibit A
"OFFICIAL
Tracy L
. HartungSEAL"
Notary Public, State of Illinois
My Commission Expires 8/24/10
Responsible Party
Mailing Address(es)
and Phone Number(s):
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Jackson
LPC#:
077 803 5019
Region : 7 - Marion
Location/Site Name :
DeSoto / Ryan Dantone
Date:
04/05/2007 Time : From 2:51 pm To 3 :00 pm
Inspector(s) :
Don Terry
No
. of Photos Taken : # 8
Est. Amt. of Waste : 2
Interviewed :
no one
Latitude : 37.82611
(Example : Lat . : 41 .26493
Longitude:
-89 .27879
Long . : -89 .38294)
Mr. Ryan Dantone
5008 Old
Hwy. 51
Makanda, IL 62924
Previous Inspection Date : 05/31/200 7
Weather: 46°F - partly cloudy with moderate west winds
yds3 Samples Taken
: Yes #
No
Complaint #: 2007-079
Collection Point Description : Dump Location
Collection Method : GPS - Accuracy +/- 9 feet
2.
3.
4.
5.
6.
7 .
8.
SECTION
9(a)
9(c)
12(a)
12(d)
21 (a)
21(d)
(1)
(2)
21(e)
21(p)
(1)
(2)
(3)
(4)
(5)
(6)
DESCRIPTION
ILLINOIS : ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
CAUSE OR ALLOW OPEN BURNING
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
CREATE A WATER POLLUTION HAZARD
CAUSE OR ALLOW OPEN DUMPING
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
Without a Permit
In Violation of Any Regulations or Standafds Adopted by the Board
DISPOSE, TREAT,
STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THESTATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCESAT
THE DUMP SITE .
Litter
Scavenging
Open Burning
Deposition of Waste in Standing or Flowing Waters
Proliferation of Disease Vectors
Standing or Flowing Liquid Discharge from the Dump Site
VIOL
0
00
0
000
(Open Dump - 1)
10.
11.
12.
13
.
14.
15.
812.101 (a)
722.111
808.121
809 .302(a)
OTHER :
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
APPARENT VIOLATION
OF : (El) PCB; ([J) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
35 ILLINOIS' ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
El
El
0
ry;
THER REQUIREMENTS
El
0
El
0
El
0
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
aboveregulations
.
cited are in summary format . Full text of requirements can be found in references listed in 1 . and 2
.
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)
LPC #
077 803 5019
Inspection Date :
04/05/2007
(7)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
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
0
0
Date of Inspection : April 5, 2007
Site Code : 077 803 5019
Site Name
: DeSotQ / Ryan Dantone
Location : Lat 37.82611
Long -89.27879
Approximate
Volume of Waste at Site
:
2 cubic yards
GENERAL REMARKS
Inspector :
Don Terry
County:
Jackson
Time : 2:51 pm - 3:00 pm
GPS Accuracy
: +/- 9 feet
BACKGROUND
: On February 18, 2005, this inspector investigated this site for possible open
dumping and open burning
. The inspection found that open dumping and open burning had
occurred and Mr
. Dantone was sent Violation Notice L-2005-JC153
. Mr. Dantone signed for this
letter on March 7, 2005 (Attachment
: Page 1)
. On March 21, 2005, this office received from Mr .
Dantone a Compliance Commitment Agreement (CCA), regarding the violations at the site
(Attachment: Pages 2 & 3)
. In his CCA, Mr
. Dantone wrote on Page 2, Section 4,
"In regards to
the open dumping
resulting in litter, open burning, and the deposition
of general construction or
demolition debris, all activities leading to
the results stated above shall
immediately cease and
there will be no further activities of this
nature
in the future."
During the stated date and time, I conducted an inspection of the site listed above
. This inspection
was made as a follow up to a call received by this office indicating that roofing shingles and other
construction materials were being burned at the site
.
Weather conditions at the time of the
inspection were
: partly cloudy with moderate west winds and a temperature of approximately 46°F
.
I was accompanied on this inspection by Bart Hagston of the Jackson County Health Department
.
According to the Illinois Secretary of State's Office, Ryan Dantone is the agent for Dantone,
LLC
which operates the Gallery Show Club (Attachment
: Page 4) .
As I approached the site from the south on U
. S
. Hwy 51, I observed dense smoke arising from a
location east of the building on site (Site Sketch Area A)
.
I approached the location from where
the smoke was originating and observed what appeared to be a waste pile smoldering, giving off
white smoke (Photo #1, Site Sketch)
.
I exited the vehicle and walked to the smoldering waste pile
. The smoke was thick and irritating to
the eyes and lungs
. I observed that the waste pile consisted of, but was not limited to
: ash, roofing
shingles, polystyrene foam, PVC pipe, dimensional lumber, furniture, scrap metal and landscape
waste (Photos #1
- #9, Site Sketch Area A)
. The roofing shingles I observed appeared
consistent with those used on the building housing the show club
.
Page 2
077 803 5019
DeSoto I Ryan Dantone
April 5, 2007
I also noted an area of disturbed soil west of the waste pile (Photo #1 : Individual Digital Photo
Sheet-Pagel ; Site Sketch Area B)
. It appeared that waste materials had been pushed away
from the building, creating the waste pile while disturbing the soil. I observed material scattered
around in the area of disturbed soil that appeared to be similar to the materials I observed in the
smoldering waste pile .
I also observed vehicle mud tracks leading from the waste area and proceeding west on the
parking lot (Photo #1
: Individual Digital Photo Sheet-Pagel ; Site Sketch Area C)
. These
tracks ended at a piece of equipment parked on the west end of the building (Site Sketch
: Area
C)
. This particular piece of equipment had a scoop on the front which could have been used to
move waste along the ground, disturbing the soil .
The total volume of waste observed was approximately 2 cubic yards .
My inspection ended at approximately 3 :00 pm .
Violations Observed :
Item#1(9)(a)
: Cause, threaten or allow air pollution in Illinois ; Item#2(9)(c) : Cause or allow
open burning
; Item#8(21)(p)(3): Cause or allow the open dumping of any waste in a
manner which results in any of the following occurrences at the dump site : (3) Open
Burning : During the inspection, the open dumping of waste that resulted in open burning and
which caused, threatened or allowed air pollution in Illinois was observed .
Item #5(21)(a): Cause or allow open dumping ;
Item #8(21)(pI(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 open dumping of waste
that resulted in litter and the deposition of general construction or demolition debris was observed
.
z
OPEN DUMP INSPECTION
SITE SKETCH
Not Drawn to Scale
All
Locations Are Approximate
0-0~ Indicates
Approximate
Location & Direction of Photos
G = approximate GPS data
collection point
Parking Area
fN
Date Of
Inspection: April 5, 2007
Inspector :
Don Terry
Site Code :
077 803 5019
County
: Jackson
Site Name :
DeSoto / Ryan Dantone
Time : 2:51 pm - 3
:00 pm
Location: Lat 37.82611
Long -89.27879
GPS Accuracy= +/- 9 feet
COMPLETE THIS SECTION ON DELIVERY
A. Signal
C. Date of Delivery .
SENDER
: COMPLETE THIS SECTION
∎ Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired .
•
Print your name and address on the reverse
so that we can return the card to you.
•
Attach this card to the back of the mailpiece,
or on the front If space permits.
1 . Article Addressed to:
17
/2
Lar
kr7.~~61
~~
1
T j, 1a 0~ D?(~6
30
X
4. Restricted Delivery? (Extra Fee)
0 Agent
saes
0 Yes
2-Article Number
(pander from service labeq
PS Form 3811, February 2004
Domestic Return Receipt
I
D. Is delivery address different from Item 1? O yes
If YES, enter delivery address below :
to
3.
X
Service
Certified
Type
Mall 0
Express Mal
0 Registered
ece
d
0
Insured Mall
0 C.O.D.
7003 2260 0005 0889 5665
Attachment
Page
0
102595-024-15401
RECEIVED
MAR 2 1 2005
Jackson
Murphysboro,
County Health
IllinoisDept
THE GALLERY
March 17, 2005
Jackson County Health Department
Attn: Don Terry
Solid Waste Management Division
PO Box 307
Murphysboro, IL 62966-0307
Dear Mr. Terry
:
I have received and read through the Violation Notice regarding
VIOLATION NOTICE NUMBER L-2005-JC153 . The following will
address each violation specified in Attachment A of the notice.
Section 1
In regards to the evidence of open burning of waste, all activities of
this nature will immediately cease and there will be no more open
burning of waste at this location. All waste will be properly disposed
of by March 25, 2005 .
Section 2
In regards to the evidence of open burning of refuse, all activities of
this nature will immediately cease and there will be no more open
burning of refuse at this location . All general refuse will be removed
from this site by March 25, 2005 and transported to a permitted
landfill or transfer station .
Section 3
In regards to the waste which had been openly dumped, there will no
longer be anyone allowed to openly dump of any waste at this
location and all such actions will cease immediately
.
16310 North Highway 51
DeSoto, Illinois 62924
(618) 867-2216
Attachm n
Page
Section 4
In regards to the open dumping resulting in litter, open burning, and
the deposition of general construction or demolition debris, all
activities leading to the results stated above shall Immediately cease
and there will be no further activities of this nature in tl~e future . All
litter and construction or demolition debris will be properly removed
and disposed of by March 25, 2005 . ,.
Section 5
In regards to the open burning of trade waste, all activities of this
nature will immediately cease and there will be no more open burning
of trade waste at this location . All such trade waste will be removed
from the site and properly disposed of by March .25, 2005 .
Following the above corrective actions, all copies of receipts
documenting the proper disposal or recycling of the waste will be
submitted to the Jackson County Health Department's Solid Waste
Management Section no later than April 8, 2005 .
Sincerely,
Ryan Dantone
Attachment
Page
i,vnrrr,r .l : - k-hX I ItICATE OF GOOD STANDING
http://www.ilsos.gov/corporatellc/CorporateLIcConti
Attach
/2 1
Page
r
I of I
'JESSE WH ITE
t5ECRETp,ft`! .(7F~SSAkiE : :: ...
SERVICES
PROGRAMS . PRESS
LLC FILE DETAIL REPORT
Return to the Search Screen
(One Certificate per Transaction)
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PUBLICATIONS DEPARTMENTS
CONTACT
4/9/2007 11 :03 AM
Entity Name
DANTONE LLC
-
File Number
00947482
Status
( GOODSTANDING
On
105/17/2006
Entity Type
LLC
Type of LLC
Domestic
File Date
06/25/2003
Jurisdiction
IL
Agent Name
RYAN DANTONE
Agent Change Date
I 11/09/2005
Agent Street
Address
5008 OLD US HWY 51
Principal Office
5008 OLD US .HWY 51
MAKANDA 62958
Agent City
MAKANDA
Management Type
MGR
Agent Zip
62958
Dissolution Date
06/01/2043
Annual Report
Filing Date
05/17/2006
For Year
2006
Series Name
NOT AUTHORIZED TO ESTABLISH SERIES
Jackson County Inspection
Individual Digital Photo Sheet -
Page 1
Date of Inspection
: April 5, 2007
Site #: 077 803 5019
Photos by
: Don Terry
Site Name
: DeSoto / Ryan Dantone
Photo Name
:
0778035019-04052007-01
Time: 2:54 pm
Photo Taken Toward
: North
Cw3
Date of Inspection : April 5, 2007
Photos by: Don Terry
Photo Name :
0778035019-04052007-01
Time: 2:54 pm
Photo Taken Toward:
North
Photo Name :
0778035019-04052007-02
Time: 2 :56 pm
Photo Taken Toward:
Northeast
Jackson County Inspection Digital Photo Sheet - Page 1
Site #
: 077 803 5019
Site Name : DeSoto / Ryan Dantone
OX0
Date of Inspection: April 5, 2007
Photos by : Don Terry
Photo Name:
0778035019-04052007-03
Time: 2:56 pm
Photo Taken Toward:
East
Photo Name:
0778035019-04052007-04
Time:
2:57
pm
Photo Taken Toward :
Southeast
Jackson County Inspection Digital Photo Sheet -
Page 2
Site #
: 077 803 5019
Site Name : DeSoto / Ryan Dantone
Cw3
Date of Inspection
: April 5, 2007
Photos by
: Don Terry
Photo Name :
0778035019-04052007-05
Time: 2 :57 pro
Photo Taken Toward
:
Southeast
Photo Name :
0778035019-04052007-06
Time :
2:57 pm
Photo Taken Toward:
Southwest
Jackson County Inspection Digital Photo Sheet -
Page 3
Site #: 077 803 5019
Site Name
: DeSoto / Ryan Dantone
tA3 Jackson County Inspection Digital Photo Sheet - Page 4
Date of Inspection: April 5, 2007
Photos by
: Don Terry
Photo Name :
0778035019-04052007-07
Time
:
2:57
pro
Photo Taken Toward:
Southwest
Photo Name :
0778035019-04052007-08
Time: 2:57 pm
Photo Taken Toward :
West
Site #: 077 803 5019
Site Name : DeSoto / Ryan Dantone
COUNTY OF JACKSON,
Complainant,
v.
RYAN DANTONE, d/b/a
THE GALLERY,
Respondent .
NOTICE OF FILING
TO:
Ryan Dantone, 5008 Old Hwy
. 51, Makanda, Illinois 62958
PLEASE TAKE NOTICE that I have filed with the Office of the Clerk of the Illinois
Pollution Control Board the Complaint forAdministrative Citation, a copy of which is herewith
served upon you .
April 19, 2007
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse
Murphysboro, IL 62966
618-687-7200
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE ,Eo
E®
MAY 1 4 2007
Pollution
Control
Bard
SAM
;
Daniel Brenner
Assistant State's Attorney
)
)
AC 07 -
Site Code : 0778035019
)
)
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
COUNTY OF JACKSON,
)
MAY 1 4 2007
Complainant,
)
STATE OF ILLINOIS
Pollution Control Board
v.
)
AC 07 -
Site Code
: 0778035019
RYAN DANTONE, d/b/a
)
THE GALLERY,
)
Respondent
.
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the
County of Jackson .
A&t
is
_
Daniel Bream
Assistant State's Attorney
Jackson County Courthouse,
3`d
Floor
Murphysboro, IL 62966
618-687-7200
