INFORMATIONAL NOTICE!!!
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) .
RECEIVED
CLERK'S OFFICE
MAY 2 5 2007
Pollution
STATE OF
Control
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
ADMINISTRATIVE CITATION
MAY 2 5 2007
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC Ol
v .
)
(IEPA No . 156-07-AC)
JOHN A. & KAY E. OLDHAM,
)
Respondents.
)
NOTICE OF FILING
To:
John A. & Kay E . Oldham
693 Oskaloosa Road
Xenia, Illinois 62899
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
.
Respectfully submitted,
Mic
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
Dated:
May 22, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
JOHN A
. & KAY E. OLDHAM,
)
Respondents .
)
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD MAY 2 5 2007
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control Board
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 John A. and Kay E
. Oldham are the present owners ("Respondents") of a facility
located at 693 Oskaloosa Road, in rural Xenia, Clay County, Illinois
.
The property is commonly
known to the Illinois Environmental Protection Agency as Xenia/Oldham, John A
. & Kay E .
2.
That said facility is an open dump operating without an Illinois
Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 0258070001
.
3.
That Respondents have owned said facility at all times pertinent hereto
.
4.
That on April 19, 2006, Garrison Gross of the Illinois Environmental
Protection
Agency's Marion Regional Office inspected the above-described facility
.
A copy of his inspection
report setting forth the results of said inspection is attached hereto and made a part hereof
.
1
AC o'1
(IEPA No . 156-07-AC)
VIOLATIONS
Based upon direct observations made by Garrison Gross during the course of his April 19,
2006 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 5142(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 July 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,
Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental
2
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, Respondents' 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 Respondent
.
Douglas P
. colt, Director
""t-r-
Illinois Environmental Protection Agency
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
10,
5
Date:
5/2Z
I
U
7
4
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
MAY 2 5 2007
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
01 A
"
V .
)
(IEPA No
. 156-07-AC)
JOHN A . & KAY E
. OLDHAM,
)
Respondents.
)
FACILITY:
Xenia/Oldham, John A
. & Kay E .
SITE CODE NO
.
:
0258070001
COUNTY:
Clay
CIVIL PENALTY
:
$3,000 .00
DATE OF INSPECTION :
April 19, 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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
)
Complainant,
)
IEPA DOCKET NO.
vs.
)
John A . & Kay E
. Oldham
)
Respondent.
)
AFFIDAVIT
Affiant, Garrison Gross, 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 April 19, 2007, between 12 :55 PM and 1
:05 PM, Affiant conducted an inspection
of a disposal site operated by John A . & Kay E
. Oldham located in Clay County, Illinois, and
known as Xenia / Oldham, John A . & Kay E
. by the Illinois Environmental Protection Agency .
Said site has been assigned site code number 0258070001 by the Agency .
3 . Affiant inspected said Xenia / Oldham, John A
. & Kay E . site by an on-site inspection
which included walking and photographing the site.
4. As a result of the material actions 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 Xenia / Oldham, John A . & Kay E
.
Subscribed and Sworn to before me
this
//Ah day
of
c2,L
/ a 6
d-7
GRG
Notary Public
MARCIA
"OFFICIAL
A . ENGLISHSEAL
Notary Public, State of Illinois
My Commission Expires 03106108
nMMMNNNt ntc' ,M1M
AILA
.AjaA l`
County :
Clay
Location/Site Name :
Xenia / Oldham, John A . and Kay E .
Date
:
04/19/2007 Time : From 12 :55 PM To 1 :05 PM
Previous Inspection Date: 12/07/2006
LPC#:
0258070001
Inspector(s)
: Garrison Gross Weather : Scattered Clouds, 60°F, Light Breeze
No . of Photos Taken : # 10 Est. Amt. of Waste : 250 yds3 Samples Taken : Yes #
Interviewed :
William Oldham
Complaint # :
Responsible Party
Mailing Address(es)
and Phone
Number(s) :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
John A . & Kay E . Oldham
693 Oskaloosa Road
Xenia, Illinois 62899
Region :
7 - Marion
No
Revised 06/18/2001
(Open Dump -
1)
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTI? L, PROTECTION ACT
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
U
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, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO
SITES NOT MEETING REQUIREMENTS OF ACT
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
~~
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
Standing or Flowing Liquid Discharge from the Dump Site
LPC # 0258070001
Inspection Date
:
04/19/2007
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 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 06/18/2001
(Open Dump -
2)
(7)
Deposition
Demolition
of
DebrisGeneral
Construction or Demolition Debris ; or Clean Construction or
FN
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 :
State of Illinois
ENVIRONMENTAL PROTECTION AGENCY
Narrative Inspection Report
Subject:
Follow-up Open Dump Site Inspection at John and Kay Oldham Property
General Remarks
:
A follow-up Open Dump Site Inspection was conducted on Thursday, April 19,
2007 at the property of John A . and Kay E . Oldham
. Garrison Gross, of the Illinois EPA Bureau of
Land and author of this report, conducted the inspection
. The property is located at 693 Oskaloosa
Road, in rural Xenia, Illinois, 62899
. The inspection was performed as a follow-up to a previous
inspection conducted on December 7, 2006
. Weather conditions at the time of the inspection were
scattered clouds, 60° F, and a light breeze
.
The inspection began at approximately 12 :55 PM
. A young man was working on a vehicle at the
residence
. I approached him and identified myself and informed him of the reason for the inspection
.
The young man explained that he was Mr . Oldham's son, William
. He said he had been living in
Tennessee, but had recently moved back to the area
. I asked him if he knew anything about progress
with cleaning up the site . He said he knew that his family had been working on cleaning up the
property. I inquired about receipts for waste metal and materials hauled to the landfill
. He said he was
sure his dad had some receipts
. I informed him that I was going to continue the inspection by walking
and photographing the site . I gave him one of my business cards
.
I continued the inspection from Parakeet Drive
. I observed a waste mobile home and several piles of
domicile waste, demolition waste automotive parts, and waste metal (photos 001-004)
. Some of the
wastes were commingled with landscape waste (limbs and brush)
. A small portion of the site located at
the comer of Oskaloosa Road and Parakeet Drive had been cleaned up (photo 005 & 006)
. I proceeded
across Oskaloosa Road to the area around the residence
. Wastes including but not limited to domicile
waste, furniture, vehicles, automotive parts, waste metal and lawn equipment were observed behind the
residence (photos 007-010) .
The inspection ended at approximately 1
:05 PM
. Approximately 250 cubic yards of waste were
observed at the site .
Site # : 0258070001
Site Name : Xenia/ Oldham, John A
. & Kay E.
County : Clay
Township
: Oskaloosa
Date of Inspection : April 19, 2007
Inspectors: G . Gross
GPS Coordinates
: N 38 .76015° W 088 .64938°
Date: April 19, 2007
Site # : 0258070001
Site Name : Xenia / Oldham, John A . & Kay E .
County: Clay
Inspector : Garrison Gross
GPS Coordinates
: N 38 .76015° W 088 .64938°
Not Drawn to Scale :
All Locations Are Approximate
State of !llinois
ENVIRONMENTAL PROTECTION AGENCY
Inspection Site Sketch
0
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names : 0258070001--04192007-[Exp . #].jpg
Page] of 5
LPC # 0258070001 - Clay County
Xenia / Oldham, John A . & Kay E .
FOS File
Date: 04/19/2007
Time: 1 :01 PM
Direction: Southwest
Photo by: G. Gross
Exposure #
: 001
Comments : Photograph
of waste metal, demolition
debris and domicile
waste.
Date: 04/19/2007
Time: 1
:01 PM
Direction : Northwest
Photo by: G. Gross
Exposure # : 002
Comments
: Photograph
of waste mobile home,
waste metal, demolition
debris and domicile
waste.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 0258070001--04192007-[Exp . #I .jpg
Page 2 of 5
LPC # 0258070001 - Clay County
Xenia / Oldham, John A . & Kay E
.
FOS File
Date: 04/19/2007
Time : 1:01 PM
Direction
: Northwest
Photo by : G. Gross
Exposure #: 003
Comments : Photograph
of waste mobile home,
waste metal, demolition
debris and domicile
waste.
Date: 04/19/2007
Time: 1 :02 PM
Direction : Northwest
Photo by
: G. Gross
Exposure # : 004
Comments : Photograph
of waste mobile home,
waste metal, demolition
debris and domicile
waste.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 0258070001-04192007-[Exp . #J .jpg
Page 3 of 5
LPC # 0258070001 - Clay County
Xenia / Oldham, John A
. & Kay E .
FOS File
Date
: 04/19/2007
Time: 1:02 PM
Direction
: Northwest
Photo by : G
. Gross
Exposure # : 005
Comments
: Photograph
of area that has been
cleaned up
. Some waste
metal and demolition
debris is still present .
Date: 04/19/2007
Time: 1
:02 PM
Direction
: Northwest
Photo by : G. Gross
Exposure # : 006
Comments
: Photograph
of area that has been
cleaned up
.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
Page
4
of 5
File Names: 0258070001--04192007-[Exp. #I.jpg
LPC # 0258070001 - Clay County
Xenia / Oldham, John A . & Kay E .
FOS File
Date: 04/19/2007
Time: 1 :03 PM
Direction : East
Photo by : G. Gross
Exposure #
: 007
Comments : Photograph
of domicile waste.
Date: 04/19/2007
Time: 1 :03 PM
Direction : East
Photo by : G. Gross
Exposure # : 008
Comments : Photograph
of waste metal and
domicile waste.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 0258070001--04192007-IExp . #].jpg
Page
5 of 5
LPC # 0258070001 -
Clay County
Xenia / Oldham, John A
. & Kay E.
FOS File
Date: 04/19/2007
Time: 1 :03 PM
Direction : North
Photo by : G. Gross
Exposure #
: 009
Comments : Photograph
of domicile waste and
furniture (foreground),
and waste vehicles and
metal (background) .
Date : 04/19/2007
Time: 1
:03 PM
Direction : North
Photo by : G. Gross
Exposure # : 010
Comments : Photograph
of waste vehicles and
metal.
PROOF OF SERVICE
I hereby certify that I did on the 22nd day of May 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 :
John A. & Kay E . Oldham
693 Oskaloosa Road
Xenia, Illinois 62899
Cert #7004 2510 0001 8587 8907
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
Cert #7004 2510 0001 8588 250
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
I
I
Michel e M . Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
