Sincerely,
OFFICE OF
VERMILION
THE STATE'S
COUNTY
ATTORNE10
R IG /
NAL
FIFTH JUDICIAL CIRCUIT OF ILLINOIS
FRANK
R. YOUNG
State's Attorney
CLERK'S OFFICE
?
COURT HOUSE
7 NORTH VERMILION STREET
JUN 1 0 2008
?
DANVILLE, ILLINOIS 61832
(217) 554-7750
STATE OF ILLINOIS
?
FAX (217) 554-7775
Pollution Control Board
June 3, 2008
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-321,8
Re: Administrative Citation
Respondent:
Rex Greene
AC Number:
County Case Number: 08-01
Site Code No:
1838015006
To Whom It May Concern:
Enclosed for filing with the Board is the Administrative Citation Package issued
to the above-captioned Respondent. I am forwarding an original and nine complete
copies of the Administrative Citation with the attached filed inspector's Affidavit and
inspection report.
Service of the Administrative Citation was completed on June 2, 2008.
The Respondent paid the penalty of $3000 and it was received by the Vermilion
County Health Department on June 3, 2008.
Respondent's mailing address is:
Rex Greene
P.O. Box 32
East Lynn, Illinois 60932
Charles D. Mockbee IV
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
R
CL
e
ERKS
EIVEE:)
OFFICE
COUNTY OF VERMILION, ILLINOIS,
Complainant,
AC No.
JUN 1 0 2008
0‘,
,3 S
T
ATE OF ILLINOIS
Ilution Control
Board
v.
?
County File No. 08-01
REX GREENE,
Respondent.
JURISDICTION
This Administrative,
Citation is issued pursuant to the authority vested in the
Illinois Environmental Protection Agency by sections 4(e) and 31.1 of the Illinois
Environmental Protection Act ("Act"), 415 ILCS 5/4(e), 5/31.1, and delegated to
Vermilion County pursuant to section 4(r) of the Act, 415 ILCS 5/4(r).
FACTS
1.
Tina Vohs is, and was at all times relevant to this Administrative Citation, the
owner of property located at 41660 N. Main Street, East Lynn, County of
Vermilion, State of Illinois.
2.
Said property was operated by Respondent, Rex Greene, as an unlicensed
open dump, and designated with Illinois Environmental Protection Agency
Site Code No. 1838015006.
3.
On April 7, 2008, Douglas Toole of the Vermilion County Health Department
inspected the above-described property. Douglas Toole's Affidavit and a
copy of their inspection report are
,
attached hereto and made a part hereof by
reference.
VIOLATIONS
On the basis of the direct observation of Douglas Toole, the County of Vermilion
has determined that on April 7, 2008, Respondent was conducting an unlicensed open
dump at the above-described address, which is required to have a permit pursuant to 415
ILCS 5/21(a) of the Act, in a manner which resulted in the following conditions:
A.
Open dumping resulting in litter was observed at the site, in violation of
Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1), which provides no
person shall...cause or allow the open dumping of any waste in a manner
which results in...litter; and
B.?
Open dumping resulting in open burning was observed at the site, in
violation of Section 21(p)(3) of the Act, 415 ILCS 5/21(p)(3), which
provides no person shall...cause or allow the open dumping of any waste
in a manner which results in... open burning.
CIVIL PENALTY
Pursuant to section 42(b)(4-5) of the Act, 415 ILCS 5142(b)(4-5), Respondent
herein is subject to a civil penalty of Fifteen Hundred Dollars ($1500.00) for each of the
above-mentioned violations. Additionally, should Respondent elect to petition the
Illinois Pollution Control Board under the review process described herein, 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 Pollution Control Board,
in addition to the Fifteen Hundred Dollar ($1500.00) statutory penalty for each violation.
PROCEDURE FOR CONTESTING
THIS ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation under section 31.1(d) of
the Act, 415 ILCS 5/31.1(d). If you elect to contest this Administrative Citation, you
must file a Petition for Review with the Clerk of the Illinois Pollution Control Board, at
the State of Illinois Center, 100 West Randolph Street, Suite 11-500, Chicago, Illinois
60601. 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 will be issued by the Illinois
Pollution Control Board. A copy of the Petition for Review should be filed with the
Vermilion County State's Attorney's Office, 7 North Vermilion Street, Danville, Illinois
61832.
If you acknowledge the violation cited herein, the civil penalty specified above
shall be due and payable no later than June 30, 2008. If you do not petition the Illinois
Pollution Control Board for review of
,
his Administrative Citation within thirty-five (35)
days of service hereof and have no
ttl
Paid the civil penalty by the due date stated above, or
if you elect to contest this Administrative Citation, any judgment rendered shall specify
the due date of the statutory civil penalty and any costs assessed against you.
When payment is made, your check should be made payable to the County of
Vermilion, Illinois, and mailed to the Vermilion County Health Department, 200 South
College Street, Danville, Illinois 61832, together with a completed copy of the
Remittance Form attached hereto.L'-.
,?
11.11P1111
?I dela/1
If any civil penalty, by reason of acknowledgment, default or finding after
adjudicatory hearing, is not paid when due, the Vermilion County State's Attorney may
initiate proceedings in the Circuit Court to collect said civil penalty. In addition to the
previously assessed civil penalty and any hearing costs of the Illinois Pollution Control
Board, the State's Attorney's Office will seek to recover its costs of litigation.
Ci
f k
?
k1.4„1„.A.
1? ,,i
•iaVC
n(44
pa+.;
Frank R. Young
State's Attorney for Ver
?
ty
Dated:
y: C CVS2A 0 11/4-(00---
Charles D. Mockbee IV
Assistant State's Attorney
Prepared by:
Charles D. Mockbee IV
Office of the State's Attorney
7 N. Vermilion St.
Danville, IL 61832
217-554-7750
nee
CLE
Ewe
oF
FICE
D
JUN 1r0Q2010:01
IN THE MATTER OF
)
;113
sTAr
c
e
n
oontr
?
S
REX GREENE,
)
AC No.
Li-
.
.,
Ps ;t
C I
)
County File No. 08-01
° Board
)
Respondent )
Facility/Property:
41660 N. Main Street, East Lynn, Illinois,
County:
Vermilion
Date of Inspection:
April 7, 2008
Site Code No.:
1838015006
Civil Penalty:
$1500.00 for each violation = $3000.00
I
)
Date Remitted: ' l'
1
SSN/FEIN No.:
Signature:
NOTE
hil
enter the date of your remittance, your Social Security Number (SSN) if an
individual, or Federal Employer Identification Number (FEIN) if a business, and sign this
Remittance Form. Your check should be made out to the County of Vermilion, Illinois.
Be sure your check is enclosed with this Remittance Form and mail to: Vermilion County
Health Department, 200 S. College Street, Danville, Illinois 61832.
REMITTANCE FORM
RE
CEIVED
AKOIE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 1
0 2008
IN THE MATTER OF
REX GREENE,
AFFIDAVIT
Respondent. )
AC
County
No.
File
bt
No. 08-01
Pol
lution
Pollution
OF
Control
ILLINOIS
Board
The Affiant, Douglas Toole, being first duly sworn, voluntarily deposes and states
as follows:
I. Affiant is a field inspector employed by the Vermilion County Health
Department and has been so employed at all times pertinent hereto.
2.
On April 7, 2008, between 11:45 am. and 12:00 p.m., Affiant conducted an
inspection of property at 4166eMain Street, East Lynn, County of Vermilion,
State of Illinois, owned by Tina Vohs.
3.
Affiants inspected the Butler/Vohs-Greene site by an on-site inspection, which
included walking on the site.
4.
Prior to said inspection, Affiant had reviewed Illinois Environmental
Protection Agency permits issued to the subject site.
5.
As a result of the activities referred to in paragraphs 2, 3 and 4 above, Affiant
completed the Solid Waste Landfill Inspection Checklist, with the
accompanying Inspection Report Narrative, Site Sketch and photographs,
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 the property at 41666
4
Main Street ,
East Lynn, County of Vermilion, State of Illinois, on April 7, 2008.
Dougl
Ott
s Toole
114
SIGNED and SWORN to before me this
27
day of May, 2008, by Douglas
Toole
Oc
t
(---
NO VARY PUBLIC
OFFICIAL SEAL
LYNN E WOLGAMOT
NOTARY PUBLIC STATE OF ILLINOIS
MY GCRAMIIIIION
EXPIRES
01 -17 -11
BEFORE
IN THE MATTER OF
REX GREENE,
RCE
LERCKS 0
1
FFIE
V
CED
THE ILLINOIS POLLUTION CONTROL BOARD
,)52)
Pollution C
STATE
E 0
1
F0:1
Board
IL2
rLoO
li
ONB
8
0 I
s
AC No.
a
County File No. 08-01
Respondent. )
AFFIDAVIT OF SERVICE
State of Illinois
)
) ss
County of Vermilion )
I, the undersigned, on oath state that I have served the attached Administrative
Citation on the Respondent, Re Greene by leaving a copy of the same with (name):
4frAl. 973o153"
?
[(,/-1(if4-
,
at (address):
V/
7
-7
47
/
%
4
/1/ ?
at (time):
7
j'
47
/
2
,
on (date): June
, 2008.
n4
Investigator
Vermilion County State's Attorney Office
SUBSCRIBED AND SWORN TO BEFORE ME this
ad
day of June, 2008
Sall/JetieSPee°
NOT
,C.)3JAC
,
dl
THIS FILING IS SUBMITTED ON RECYCLED PAPER,
[ [
•?
ID S
1A
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112`
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[
Latitude: 40.4680
(Example:?
Lat.: 41.26493
Longitude: -87.8008
?
Collection Point Description:
Long.: -89.38294)
?
Collection Method:
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:?
Vermilion
Location/Site Name:?
Butler / Vohs - Greene
Date:
?
04/07/2008 Time: From 11:45 a.m To 12:00 p.m Previous Inspection Date:
Inspector(s):?
Douglas Toole, Lindsay Nagle
?
Weather: cloudy, breezy, dry, 60
F
LPC#:
?
1838015006
?
Region: 4 - Champaign
No. of Photos Taken: # 04?
Est. Amt. of Waste: 30?
yds3 Samples Taken: Yes #
?
No
Interviewed:?
Rex Greene
Complaint #:
Responsible Party
Mailing Address(es)
and Phone Number(s):
Tina Vohs
41660 N. Main Street
East Lynn, IL 60932
Rex Greene
P.O. Box 32
East Lynn, IL 60932
(217) 375-4450
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1. 9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
VA
2. 9(c)
CAUSE OR ALLOW OPEN BURNING
a.
3. 12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
q
4. 12(d)
CREATE A WATER POLLUTION HAZARD
q
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
1
(2)
In Violation of Any Regulations or Standards Adopted by the Board
VA
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
VA
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
VA
(2)
Scavenging
q
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
q
(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 #
1838015006
Inspection Date:
?
04/07/2008
(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
q
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
111
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
q
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: (
q
) PCB; (
q
) CIRCUIT COURT
CASE NUMBER:?
ORDER ENTERED ON:
q
15.
OTHER:
q
U
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 514(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)
‘00N
ri
lat--
1:4
*
?
of
1,.•^,,,..o
1. INCAS
PUBLIC HEALTH IS PRICELESS
VERMILION COUNTY HEALTH DEPARTMENT
STEPHEN LAKER, M.S.
?
HEALTH
AND EDUCATION BUILDING
P1,13LIC: HEALTH
ADMINISTRATOR
?
200 50tal I COLLEGE. SUITE
A
DANviLLE. IL 61832
Pt I oNc/TDD
217 431-2662
Fax 217 431-7483
InInv.vehd.org
LPC #1838015006
Butler / Vohs - Greene
FOS
04/07/08
OPEN DUMP INSPECTION NARRATIVE
This unpermitted open dump was initially inspected on April 7, 2008, by Douglas Toole and
Lindsay Nagle of the Vermilion County Health Department. The weather was overcast, breezy,
dry, and about 60 degrees Fahrenheit. Four photos were taken of the site.
The site is located in Vermilion County, behind 41660 Main Street in East Lynn, Illinois.
According to records at the Vermilion County Supervisor of Assessments office, the property is
owned by Tina Vohs.
In 2007, I investigated an open burning complaint involving the open burning of demolition
debris at the adjacent property, 41664 North Main Street. That case involved a worker who
demolished the house at 41664 North Main Street under the direction of Rex Greene, and who
then set fire to the debris — although, Mr. Greene said, against his instructions. That case is filed
as Butler / Greene, LPC#1838015004.
INSPECTORS FINDINGS
I received a complaint on the morning of April 7, 2008 about the burning of waste near Greene
Welding and Hardware in East Lynn. We arrived at the site at about 11:45 a.m. on April 7, 2008
and observed a burn pile behind 41660 Main Street (photo 1). No one was present when we
arrived, and no one accompanied us during the inspection.
The burn pile contained tree stumps and branches, as well as a few wooden planks (photos 1-3),
two metal cans (photos 2-4) and other scrap metal — including what appeared to be the frame to
some outdoor furniture (photo 4). We left the property at about 11:45 a.m.
.
Ix
?
II 01w00?
El/P/ b7?
LPC #1838015006
Butler/ Vohs - Greene
04/07/08
Page 2 of 3
We then drove up the street to Greene Welding & Hardware, and spoke with Mr. Greene, who
said his employees burned the stumps, branches and some other items that got swept up with the
branches. Mr. Greene said the burning was taking place on privately owned land, as opposed to
his company-owned land. I said that neither private individuals nor companies were allowed to
burn metal cans and other scrap metal. I said that he may be held at least partially responsible for
the burning. We left his office at about 12:00 p.m.
On the Inspection Report Checklist for this inspection, I estimated that there were 30 cubic yards
of waste on the site. No measurements were performed to arrive at that estimation, only my
observations at the time. The actual amount of waste on the site may vary significantly from that
estimation.
SUMMARY OF APPARENT VIOLATIONS
ILLINOIS ENVIRONMENTAL PROTECTION ACT (415 ILCS 5/1 et seq.)
Section 9 (a) of the Act: No person shall ... cause or threaten or allow the discharge or
emission of any contaminant into the environment in any State so
as
to cause or tend to
cause air pollution. Contaminants on the site were discharged into the environment in a
manner that tends to cause air pollution.
Section 9 (c) of the Act: No person shall ... cause or allow the open burning of refuse.
The open burning of refuse was observed on the site.
Section 21 (a) of the Act: No person shall ... cause or allow the open dumping of any
waste. The open dumping of waste was observed on the site.
Section 21 (d)(1) of the Act: No person shall ... conduct any waste storage, waste-
treatment, or waste-disposal operation without ... a permit granted by the Agency. No
Agency permit to conduct a waste storage, waste-treatment, or waste-disposal operation
for the site was issued.
LPC #1838015006
Butler / Vohs - Greene
04/07/08
Page 3 of 3
Section 21 (d)(2) of the Act: No person shall ... conduct any waste-storage, waste-
treatment, or waste disposal operation ... in violation of any regulations or standards
adopted by the Board under the Act. Violations of the Illinois Pollution Control Board
Regulations were observed at the site where waste storage, waste-treatment, or waste-
disposal operations were taking place.
Section 21(e) of the Act: No person shall ... dispose, treat, store or abandon any waste ...
except at a site or facility which meets the requirements of this Act and of regulations and
standards thereunder. The storage and disposal of waste was occurring at a site which did
not meet the requirements of the Illinois Environmental Protection Act and the Illinois
Pollution Control Board Regulations.
Section 21 (p)(1) of the Act: No person shall ... cause or allow the open dumping of any
waste which results in ... litter. Open dumping of waste resulting in litter was observed at
the site.
Section 21 (p)(3) of the Act: No person shall ... cause of allow the open dumping of any
waste which results in ... open burning. The open dumping of waste resulting in open
burning was observed at the site.
Section 21 (p)(7) of the Act: No person shall ... cause or allow the open dumping of any
waste which results in ... the deposition of general construction or demolition debris; or
clean construction or demolition debris. Open dumping resulting in the deposition of
general and clean construction and demolition debris was observed at the site.
ILLINOIS POLLUTION CONTROL BOARD; 35 ILLINOIS ADMINISTRATIVE CODE,
SUBTITLE G
(REGULATIONS)
Section 812.101 of the Regulations: ... All persons, except those specifically exempted by
Section 21(d) of the Environmental Protection Act (Act) [415 ILCS 5/21(d)], shall submit
to the Agency an application for a permit to develop and operate a landfill. The
application must contain the information required by this Subpart and by Section 39(a) of
the Act, except
as
otherwise provided in 35 111. Adm. Code 817. No such application for
a permit to develop and operate a landfill was submitted.
I
a
STATE OF ILLINOIS
ENVIRONMENTAL PRO -FE:710V AGENCY
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MapQuest: Maps: print?
Page 1 of 1
MAPQ:VEST„
Latitude: 40.4680
Longitude: -87.8008
Notes:
Butler /
Vohs - Greene
LPC #1838015006
mAPENES7
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1 400 m
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Map Data *2008 NAVIECIt or TeleArtas
All rights reserved. Use Subject to License/Copyright
This map is informational only. No representation is made or warranty given as to its content. User assumes all
risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use.
http://atlas.mapquestcom/maps/printadp?mapdata=FhalP5i%25211■4%252fWSo8TmAcA... 4/18/2008
