A
AC
0 VI ‘e'IV
FTA No. 73-08-AC)
Respectfully submitted,
Michelle M. Ryan
Assistant Counsel
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOSEPH FLICK,
Respondent.
CLERK
'S
OYFFED
J
UN 0 3 2008
STATE OF ILLINOIS
Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ORIGIN
NOTICE OF FILING
To:
Joseph Flick
315 Vine Street
Cobden, Illinois 62920
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: May 28, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
OMMIAL
RECEIVED
CLERK'S OFFICE
JUN 0 3 2008
STATE OF ILLINOIS
Pollution Control
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOSEPH FLICK,
AC 6%
(IEPA No. 73-08-AC)
Respondent.
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 (2006).
FACTS
1.
That Joseph Flick ("Respondent") is the present owner and operator of a facility
located at 280 Pine Tree Lane, Cobden, Union County, Illinois. The property is commonly known to
the Illinois Environmental Protection Agency as Cobden/Flick.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1818540002.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on May 5, 2008, Phillip Fatka 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.
VIOLATIONS
Based upon direct observations made by Phillip Fatka during the course of his May 5, 2008
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the "Act") as
follows:
(1)
That Respondent 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)
(2006).
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in the 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) (2006).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2006), Respondent is
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 Respondent elects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than July 30, 2008, unless otherwise provided by order of the Illinois
Pollution Control Board.
If Respondent elects 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 (2006), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent 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) (2006), if Respondent fails
to petition or elects 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, Respondent 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 Respondent 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 Respondent in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
3
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KL ?
Date:
SI
?
210g
Dougla
?
. Scott, Director
Illinois Environmental Protection Agency
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citation pursuant to and in
accordance with Section 31.1 of the Act, 415 ILCS 5/31/1 (2006). If Respondent elects to contest
this Administrative Citation, then Respondent 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.
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
ORIGINAL
giECEIVED
CLERK'S OFFICE
JUN 0 3 2008
STATE OF ILLINOIS
Pollution Control Board
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOSEPH FLICK,
AC 0 ;)-).>".
(IEPA No. 73-08-AC)
Respondent.
FACILITY:
?
Cobden/Flick?
SITE CODE NO.:?
181850002
COUNTY:?
Union?
CIVIL PENALTY:
?
$3,000.00
DATE OF INSPECTION:
?
May 5, 2008
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
R 31 NA L
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ReceovEco
CLERK'S
OFFICE
JUN
0 3 2008
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Complainant,
IEPA DOCKET NO.
v.
Joseph Flick
181845002 – Union County
Cobden/Flick
Respondent.
AFFIDAVIT
Affiant, Phillip Fatka, 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 May 5, 2008, between 11:20am and 11:30am, Affiant conducted an inspection of a
disposal site operated by Joseph Flick, located in Union County, Illinois, and known as
Cobden/Flick by the Illinois Environmental Protection Agency. Said site has been assigned site
code number 1818540002 by the Agency.
3.
Affiant inspected said open dumping 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 open dumping site.
OFFICIAL SEAL
DONNIE HOUGHLA140
NOTARY NOM STATE OF ILUNOIS
COMMISSION VINO 9.14009
Subscribed and Sworn to before me
this
G am'
day of
e14
1
I ° "
Notary Public
PWF
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
?
Union
?
LPC#:
Location/Site Name:?
Cobden/Flick
Date:?
05/05/2008 Time: From 11:20am
1818540002?
Region:?
7 - Marion
To 11:30am?
Previous Inspection Date: 12/04/2007
Inspector(s):
?
P. Fatka
No. of Photos Taken: #
Interviewed:
Weather: -70F, Sunny, Clear
4?
Est. Amt. of Waste: >135 yds3
Samples Taken: Yes #
Complaint #: C-04-048
No
Collection Point Description: Center of Site -
Collection Method: Other InterpolatioA
tee feg vi=
OR GINA
Latitude; 37.52333
Responsible Party
Mailing Address(es)
and Phone Number(s):
Longitude: -89.29503
Joseph Rick
315 Vine St
Cobden, IL 62920
LC
RA`
6
OFFICE
JUN 0 3 2008
S
TATE OF ILLINOIS
Pollution Control Board
(Example:?
Lat.: 41.26493
?
Long.: -89.38294)
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
I?
I
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
ri
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
q
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, 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
q
(3)
Open Burning
q
(4)
Deposition of Waste in Standing or Flowing Waters
ri
(5)
Proliferation of Disease Vectors
q
(6)
Standing or Flowing Liquid Discharge from the Dump Site
q
Revised 10/5/2005
(Open Dump - 1)
LPC
#
1818540002
Inspection Date:
?
05/05/2008
( 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 Dumping of Any Used or Waste Tire
■
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
q
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
q
12.
808.121
SPECIAL WASTE DETERMINATION
q
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
I-1
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(
q
)
PCB;
(
q
)
CIRCUIT COURT
CASE NUMBER:
?
ORDER ENTERED ON:
I
?
I
15.
OTHER:
q
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 10/5/2005
(Open Dump - 2)
Illinois Environmental Protection Agency
Narrative Inspection Report
Site #:
1818540002
?
Date: 5-5-08
County: Union
?
Inspector: P. Fatka
Subject: Cobden/Flick
Complaint
#: C-04-048
General Remarks
G.P.S.:
N
37.52333 W 89.25903
?
Time: 11:20am – 11:30am
Volume of waste found at site:
>135 yd3
Owner of Property: Joseph Flick
Weather: –70°F, Sunny, Clear
?
Soil Conditions: Normal
This inspection was made as a follow-up to the December 4, 2007 inspection by this office. The site is located at 280
Pine Tree Lane in Cobden, Illinois. The site was easily accessed by the aforementioned gravel road. This inspector
announced himself at the abandoned site, but no one responded or made any attempt to inquire as to my presence on
the property. Four (4) pictures were taken of the waste, which consisted of used tires and general refuse, including a
burned mobile home, and general construction /demolition debris. Open burning had occurred at the site in the past,
but there appeared to be no burning since my last visit. No change at all was apparent in the sites condition. Waste
was scattered at various points over this two acre property. The amount of waste present was approximately 135
cubic yards. The amount and make up of the waste showed that materials had been brought in from off site (No one
lives here, large amounts of tires). Additionally, about 100 used tires were piled up across the road opposite the
access drive, but they did not appear to come from this site.
The following conditions, which constitute violations, were observed:
Illinois Environmental Protection Act
Requirements:
1. 21(a) Cause or allow open dumping
2. 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
3. 21(e) Dispose, treat, store, or abandon any waste or transport any waste into the
State at/to sites not meeting requirements of Act
4. 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
(7) Deposition of general construction or demolition debris or clean construction
or demolition debris
5.
55(a) No person shall
(1) Cause or allow open dumping of any used or waste tire
35 Illinois Administrative Code Requirements Subtitle G
6.
812.101(a) Failure to submit an application for a permit to develop and operate a
landfill
Findings:
This site appears essentially unchanged since my last inspection. No clean-up
activities were apparent.A compliance date of May 2, 2008 was establiashed after the Flicks
requested an extension. No communications have been received from the respondent since then.
Pine Tree Lane
Net to scale
Alt locations approximate
Direction and number of photo
1818540002 Union
Cobden/Flick
Burned Mobile Home
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 1818540002 — Union County
Cobden/Flick
FOS File
DIGITAL PHOTOGRAPHS
File Names: 1818540002-05052008-[Exp. #1.jpg
Date: 5-5-08
Time: 11:22am
Direction: S
Photo by: P. Fatka
Exposure #: 001
Comments: Roughly 100
used tires stacked across
the road from this site.
Date: 5-5-08
Time: 11:23am
Direction: W
Photo by: P. Fatka
Exposure #: 002
Comments: Used tires
and general wastes.
Scene appears largely
unchanged since last visit.
Page 1 of 2
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 1818540002 — Union County
Cobden/Flick
FOS File
DIGITAL PHOTOGRAPHS
File Names: 1818540002-05052008-[Exp. #j.jpg
Date: 5-5-08
Time: 11:24am
Direction: NW
Photo by: P. Fatka
Exposure #: 003
Comments: Used tires
and general wastes.
Date: 5-5-08
Time: 11:25am
Direction: S
Photo by: P. Fatka
Exposure #: 004
Comments: Used tires
and general wastes.
There appears to be at
least as much present as
there was during previous
inspection.
Page 2 of 2
RECEIVED
CLERKS OFFICE
`i
P
?
JUN 0 3 2008
STATE OF
ILLINOIS
Pollution Control
Board
I hereby certify that I did on the 28th day of May 2008, 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:
Joseph Flick
315 Vine Street
Cobden, Illinois 62920
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:
John Therriault
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ryan
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
PROOF OF SERVICE
THIS FILING SUBMITTED ON RECYCLED PAPER
