BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF JACKSON,
Complainant,
v.
FRANK SMITH & DANNY SMITH,
Respondents.
AC 08 -
NOTICE OF FILING
To:?
Frank Smith, 725 Holiday Drive, West Memphis, AR 72301
Danny Smith, 410 Cleveland St., 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 copy of which is
herewith served upon you.
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse,
31d
Floor
Murphysboro, IL 62966
618-687-7200
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF JACKSON,
Complainant,
v.
FRANK SMITH & DANNY SMITH,
Respondents.
AC 08-
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of Jackson.
2
Daniel Bren
Assistant State's Attorney
Jackson County Courthouse, 3rd Floor
Murphysboro, IL 62966
618-687-7200
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF JACKSON,
?
)
Complainant,
v.?
)?
AC 08 -
Site Code: 0770505065
FRANK SMITH & DANNY SMITH,
?
)
Respondents.
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq.
(2006),
specifically 415 ILCS
5/31.1.
FACTS
1.
The Respondent, Frank Smith, is the present owner and in control and
possession of a facility located in the County of Jackson, State of Illinois.
2.
The Respondent, Danny Smith, upon information and belief, is in control and
possession and an occupant of a facility located in the County of Jackson, State of Illinois.
3.
The facility is an open dump, operating without an Illinois Environmental
Protection Agency Operating Permit, and designated with the Site Code # 0770505065.
The facility is known to the Agency as the Murphysboro/Frank Smith site.
4.
The Respondents have owned, occupied, controlled and/or operated the facility
at all relevant times hereto.
5.
On January 9, 2008, 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 Respondents have caused or allowed open dumping at the above described facility
in a manner that resulted in the following violations:
That on January 9, 2008, an on-site inspection of the facility disclosed the following:
1.
The Respondents have caused or allowed litter at the facility in violation of 415
ILCS 5/21(p)(1).
2.
The Respondents have 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 Respondents are subject to a civil
penalty of $1,500.00 for each of violations specified above. Additionally, should the
Respondents select to petition the Illinois Pollution Control Board under the review process
described below, after an adjudicatory hearing, the Respondents 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 15, 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 may be 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 4151LCS 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, II 62966.
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 AGAINST YOU WILL BE
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
AA/i/
Daniel Brenner
Assistant State's Attorney
DATED:
, 2008
A copy must also be sent to:
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse,
3rd Floor
Murphysboro, II 62966
REMITTANCE FORM
COUNTY OF JACKSON,
Complainant,
v.
FRANK SMITH & DANNY SMITH,
Respondents.
NO. AC 08 -
FACILITY:?
Murphsyboro/Frank Smith Site
COUNTY:
?
JACKSON
DATE OF INSPECTION:
?
January 9, 2008
SITE CODE:?
0770505065
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
"OFFICIAL SEAL"
Tracy L.
Hartung
Notary Public, State of Illinois
My Commission Expires 8/24/10
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN THE MATTER OF:
077 050 5065
/
Jackson County
Murphysboro / Frank Smith
COMPLIANCE FILE
Respondent.
Affiant, Don Terry, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto.
2.
On January 9, 2008, between the hours of 10:45 a.m. and 10:50 a.m., Affiant
conducted an inspection of the open dump site known as Murphysboro / Frank
Smith, 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 Frank
Smith, Murphysboro, Illinois, open dump site.
Don Terry
Environmental Compliance Inspector
Subscribed and Sworn To before me
this
L.3'17
day of
,
52zitaai,
1
,
2008
tNVIKUNIVIENTAL
PROTECTION AGENCY
Open Dump Inspection Checklist
County:?
Jackson
?
LPC#:?
077 050 5065
Location/Site Name:
?
Murphysboro / Frank Smith
Date:
?
01/09/2008 Time: From 10:45 am To 10:50 am
Region:
?
7 - Marion
Previous Inspection Date: 01/03/2007
Inspector(s):
?
Don Terry
No. of Photos Taken: #
?
10?
Est. Amt. of Waste:
Interviewed:
?
no one
Weather: 43°F -- cloudy with calm winds
20?
yds3 Samples Taken: Yes #
?
No
Complaint #: 2003--149
Latitude:?
37.76789
?
Longitude: -89.31392?
Collection Point Description: Site Entrance -
(Example: Lat.: 41.26493
?
Long.: -89.38294)
?
Collection Method: GPS - Accuracy +/- 33 feet
** OWNER **
Mr. Frank Smith
725 Holiday Drive
West Memphis, AR 72301
Responsible Party
Mailing Address(es)
and Phone Number(s):
** OPERATOR **
Mr. Danny Smith
410 Cleveland St.
Murphysboro, IL 62966
SECTION
?
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN
ILLINOIS
fl
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
1-7
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
fl
4.
12(d)
CREATE
A
WATER POLLUTION HAZARD
fl
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
0
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
F7
(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
I
?
1
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
a
(2)
Scavenging
—
(3)
Open Burning
ri
(4)
Deposition of Waste in Standing or Flowing Waters
1-7
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
—
Revised 10/5/2005
?
(Open Dump - 1)
LPC #
077 050 5065
Inspection Date:
?
01/09/2008
(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 Dumpin
?
of
An
?
Used or
VVaste Tire
1r
(2
Cause or Allow Open Burnin. of An
?
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 ALANDFILL
'-
11.
n
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: (E) PCB; (])
CIRCUIT COURT
CASE NUMBER:?
ORDER ENTERED ON:
15.
OTHER:
_
n
I-1
n
Informational Notes
1.
[Illinois] Environmental Protection Act: 415 ILLS 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 ILLS 5/4(c) and (d).
6.
Items marked with an "NE" were not evaluated at the time of this inspection.
Zevised 10/5/2005
?
(Open Dump - 2)
Inspection Report Document:
Open Dump Site Narrative
Date of Inspection:
January 9, 2008
?
Inspector: Don Terry
Site Code:
077 050 5065
?
County: Jackson
Site Name:
Murphysboro / Frank Smith
?
Time: 10:45 a.m. – 10:50 a.m.
Location:
Lat 37.76789 Long -89.31392
?
CPS Accuracy:
+1- 33 feet
Estimated Volume of Waste at
Site: 20 cubic yards
GENERAL REMARKS
Background:
This office first conducted an inspection of this site on September 19, 2003. At that
time the open dumping and open burning of
waste was observed. The individual who was at the
site at that time conducting the burning (who was neither the owner or the resident) said that the
material had been removed from the mobile home at the site and he was burning it to get rid
of
it.
When it was determined that Mr. Frank Smith was the property owner, violation notice
L-2005–JC129 was sent to him regarding the open dumping and open burning violations. Another
violation notice, L-2005–JC130 was sent to the resident, the owner's son, Mr. Danny Smith.
During an inspection conducted on November 15, 2004, this inspector spoke with Mr. Danny Smith
and explained to him what he needed to do to avoid civil penalties. During this conversation, Mr.
Smith confirmed that his father owned the property, that he was living at the site and he was
responsible for having the waste burned which I observed during my 09/19/2003 inspection. As of
January 28, 2008, the records at the Jackson County Assessor's Office show the site is owned by
Frank Smith of West Memphis, Arkansas. The U. S. Post Office in Murphysboro, IL shows that
Dan Smith has not submitted a change of address request to them.
During the stated date and time, I conducted an inspection of the site listed above. This inspection
was made as a follow up to an inspection conducted on January 3, 2007 during which open
dumping violations were observed. Weather conditions at the time of the inspection were: cloudy
with calm winds and a temperature of approximately 43°F. I was accompanied on this inspection
by Bart Hagston
of the Jackson County Health Department.
I arrived at the site and called out in a loud voice to announce my presence. No one responded so
I began my inspection. I went to an area southeast of
the residence where I had observed open
dumping during previous inspections. I observed open dumped waste in the same general
location as observed during previous inspections
(Photos #1 - #3,
Site Sketch). The waste
included, but was not limited to: plastic bags, plastic containers, metal cans, scrap metal, glass
items and household garbage.
Page 2
077 050 5065
Murphysboro I Frank Smith
January 9, 2008
To the north I observed another area of open dumped waste
(Photos #4 -
#
6, Site Sketch).
The
waste in this area included, but was not limited to: plastic containers, vehicle parts, dimensional
lumber, aerosol cans, a vehicle engine and cardboard
(Photos #4 - #6, Site Sketch).
Nearby I observed two abandoned vehicles (Photos #7 -
#10,
Site Sketch). I
observed no
current Illinois licence plates on either vehicle. Also, I observed that the yellow vehicle was
missing its back window and the tires of both vehicles had vegetation growing up around them
which would indicate that these vehicles had not been moved during this growing season. At the
time of the inspection, these vehicles 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 (Photos
#7 - #10, Site
Sketch).
Behind the blue-green vehicle I observed a pile of waste tires that had been open dumped
(Photo
#8, Site Sketch).
The total volume of waste at this site was approximately 20 cubic yards.
My inspection ended at approximately 10:50 a.m.
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 open dumping of waste
that resulted in litter and the deposition of general construction or demolition debris was observed.
Item #9(55)(a)(1): No person shall: Cause or allow open dumping of any used or waste tire:
During the inspection, waste tires that had been ope dumped were observed.
0
,s6
Mobile
ome
•
*41)
4P
Waste Pile
OPEN DUMP INSPECTION
SITE SKETCH
Date Of Inspection:
January 9, 2008
Inspector:
?
Don Terry
Site Code:
077 050 5065
County:
Jackson
Site Name:
Murphysboro /
Frank Smith
Time:
10:45 a.m. – 10:50 a.m.
Location:
Lat 37.76789?
Long
-89.31392
`PS Accuracy:
?
+1- 33 feet
Not Drawn to Scale
All locations are approximate
0 ma–
Indicates
approximate
direction and locations of photos
Route 13
=
abandoned vehicle
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Photo Name:
0770505065-01092008-09
Time:?
10:49 a.m.
Photo Taken Toward:
Southwest
Photo Name:
0770505065-01092008-10
Time:
?
10:49 a.m.
Photo Taken Toward:
Northeast
Jackson County Inspection Digital Photo Sheet - Page 5
Date of Inspection: January 9, 2008
?
Site #: 077 050 5065
Photos by: Don Terry
?
Site Name: Murphysboro / Frank Smith