ni NA
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARIP
EC ER D
ADMINISTRATIVE CITATION
CLEK'S OFFICE
JUL 0 7 2008
_STATE OF ILLINOIS
Complainant,
AC No.
L'
t
Palution Control
B
oard
v.
County File No. 08-03
CONNIE YOUNT,
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.
Respondent, Connie Yount, is, and was at all times relevant to this
Administrative Citation, the owner of property located at 546 Highland Park
Road, Danville, County of Vermilion, State of Illinois.
2.
Said property was operated as an unlicensed open dump, and designated with
Illinois Environmental Protection Agency Site Code No. 1838045028.
3.
On May 14, 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 May 14, 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(0(1) of the Act, 415 ILCS 5/21(0(1), which provides no
person shall...cause or allow the open dumping of any waste in a manner
which results in...litter; and
COUNTY OF VERMILION, ILLINOIS,
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 5/42(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 August 4, 2008. If you do not petition the Illinois
Pollution Control Board for review of this Administrative Citation within thirty-five (35)
days of service hereof and have not 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, checks shall be made payable in equal amounts (50% of
the total penalty each) to:
(1)
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; and
(2)
the County of Vermilion, Illinois, and mailed to the attention of Vermilion
County Health Department, 200 South College Street, Danville, Illinois 61832.
Respondent shall complete and return the enclosed Remittance Forms with
payments to ensure proper documentation of payment.
Fr
Young
State's Attorney for
By:
ounty
Dated:
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.
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
REMITTANCE FORM TO ILLINOIS EPA
AC No 04 '4
Abiee-t
CLERK'S OPpiCE
t
r
ec
)
JUL 0 7 2008
Pollution
STATE
Controd
OP
ILLI
NO/S
Board
IN THE MATTER OF
)
CONNIE YOUNT,
County File No. 08-03
Respondent
Facility/Property: Connie Yount
County:
Vermilion
Date of Inspection:
May 14, 2008
Site Code No.:
1838045028
Civil Penalty to Illinois EPA: $750.00 for each violation = $1500.00
Date Remitted:
SSN/FEIN No.:
Signature:
NOTE
Please 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 the Illinois Environmental
Protection Trust Fund. Be sure your check is enclosed with this Remittance Form and
mail to: Fiscal Services, Illinois Environmental Protection Agency, 1021 North Grand
Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276.
REMITTANCE FORM TO VERMILION COUNTY HEALTH DEPARTMENT
IN THE MATTER OF
CONNIE YOUNT,
Respondent
Facility/Property:
Connie Yount
County:
Vermilion
Date of Inspection:
May 14, 2008
Site Code No.:
1838045028
Civil Penalty to County:
$750.00 for each violation = $1500.00
Date Remitted:
SSN/FEIN No.:
Signature:
NOTE
Please 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.
AC No.
opp
ice
County File No. 08-03
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BEFORE THE ILLINOIS POL
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AC No.
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AFFIDAVIT
IN THE MATTER OF
CONNIE YOUNT,
County File No. 08-03
Respondent.
The Affiant, Douglas Toole, being first duly sworn, voluntarily deposes and states
as follows:
1.
Affiant is a field inspector employed by the Vermilion County Health
Department and has been so employed at all times pertinent hereto.
2.
On May 14, 2008, between 2:00 and 2:25 p.m., Affiant conducted an
inspection of property at 546 Highland Park Road, Danville, County of
Vermilion, State of Illinois, owned by Connie Yount.
3.
Affiants inspected the Connie Yount 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 546 Highland Park
Road, Danville, County of Vermilion, State of Illinois, on May 14, 2008.
SIGNED and SWORN to before me this i'/day of June 2008, by Douglas
Toole
OFFICIAL
SEAL
LYNN E WOLGAMOT
NOTARY PUBLIC STATE OP ILLINOIS
MY COMMISSION EXPIRES 01 -17 -11
NOT?
PUBLIC
SUBSCRIBED AND SWORN TO BEFORE ME this,
y of July, 2008
(---IOTARY PUBLIC
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
CONNIE YOUNT,
AC No. Oq
County File No. 08-03
Respondent.
AFFIDAVIT OF SERVICE
OFF/CE'
JUL.
0 7 2008
STATE OP'
State of Illinois
)
Pollution Control
ILLINOIS
eonrd
) ss
County of Vermilion )
I, the undersigned, on oath state that I have served the attached Administrative
Citation on the Respondent, Connie Yount, by leaving a copy of the same with (name):
(04
;I
(bon
f,
at (address): S1
/6 P,y/4/44
0
! Pe-dc f2d
at (time):
23S- P/4 ,
on (date): July
3 ,
2008.
Investigator
Vermilion County State's Attorney Office
THIS FILING IS SUBMITTED ON RECYCLED PAPER
OFFICIAL SEAL
BARB
CAR'`
`
PUBLIC STATE ),
MY COMMISSION EXPIRES
10
C
LERK'S OFFICE
JUL 0 7 2008
STATE
OF ILLINO
Pollution
Cuutrui
ts IS
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
?
Vermilion?
LPC#:
?
1838045028
\t,
?
egion:
?
4 - Champaign
Location/Site Name:
?
Danville / Yount?
?
4/
Date:?
05/14/2008 Time: From 2:00 p.m. To 2:25 p.m. Previous Inspection Date: 04/01/2008
Inspector(s):
?
Douglas Toole
Weather: overcast, damp, breezy, 60 F
No. of Photos Taken: # 04
?
Est. Amt. of Waste: 12
?
yds3 Samples Taken: Yes #
Interviewed:?
Charles Yount, Connie Yount
Latitude: 40.0795
(Example:?
Lat.: 41.26493
?
Long.: -89.38294)
Complaint #:
Longitude: -87.6150
?
Collection Point Description:
Collection Method: -
No
Responsible Party
Mailing Address(es)
and Phone Number(s):
Connie Yount
546 Highland Park Road
Danville, IL 61834
SECTION
_,._
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
ri
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
F<I
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
fl
4.
12(d)
CREATE A WATER POLLUTION HAZARD
ri
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
—
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
7
(5)
Proliferation of Disease Vectors
I
?
I
(6)
Standing or Flowing Liquid Discharge from the Dump Site
_ __
I?
I
Revised 10/5/2005
(Open Dump - 1)
LPC # 1838045028
Inspection Date:
?
05/14/2008
( 7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition Debris
Fl
9.
55(a)
NO PERSON SHALL:
(1)
Cause or
Allow Open Dumping of Any Used or Waste Tire
I
?
I
(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
I?
I
12.
808.121
SPECIAL WASTE DETERMINATION
ri
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?
I
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: (
?
) PCB; (?
) CIRCUIT COURT
CASE NUMBER:?
ORDER ENTERED ON:
15.
OTHER:
LI
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)
ES.Suinvo
.M.111'18, 1526
O
tt
I NO•
PUBLIC HEALTH IS PRICELESS
VERMILION COUNTY HEALTH DEPARTMENT
STEPHEN LAKER, M.S.
?
HEALTH
AND
EDUCATION BUILDING
PUBLIC HEALTI f ADMINISTRATOR
?
200
SOUTH COLLEGE, SUITE
A
DANVILLE, IL 61832
PHONE/TDD 217 431-2662
FAX
217 431-7483
www.vchd.org
LPC #1838045028
Danville / Yount
FOS
05/14/08
OPEN DUMP INSPECTION NARRATIVE
This unpermitted open dump was reinspected on May 14, 2008, by Douglas Toole and Steve
Spurlock of the Vermilion County Health Department. The weather was overcast, damp, breezy
and about 60 degrees Fahrenheit. Four photos were taken of the site.
The site is located in Vermilion County, at 546 Highland Park Road in rural Danville, Illinois.
The site is near Latitude 40.0795 and Longitude -87.6150.
By way of history, Connie Yount was cited on September 7, 2004 for the open dumping and open
burning of waste – specifically a vacant mobile home on her property. Ms. Yount was issued an
ACWN on October 15, 2004, and the property was returned to compliance on December 7, 2004.
The Vermilion County Health Department is involved in a county ordinance violation case
against Ms. Yount concerning a derelict vehicle, a deteriorating mobile home, tires, household
garbage and other refuse on her property at 546 Highland Park Road in rural Danville, Illinois.
That case is recorded in Vermilion County Circuit Court as case #2007-0V-02. Ms. Yount was
found guilty of the charges on May 25, 2007, received a fine and was ordered by the judge to
clean up the property. She is next scheduled to appear in court regarding the case for a hearing
on July 17, 2008.
INSPECTORS FINDINGS
I arrived at the property at 2:00 p.m. on May 4, 2008 to perform a reinspection. Connie Yount
and her son, Charles, were present when I arrived, and accompanied me during the reinspection.
West of Ms. Yount's mobile home I observed a small barbecue pit with branches, a fan and
household garbage in it (photo 1). Mr. Yount said he had not cleaned out the pit yet. I did not
observe any evidence of recent waste-burning in the barbecue pit.
Iv
EQr:IL OPPORMNITY ElIPLOIER
LPC #1838045028
Danville / Yount
05/14/08
Page 2 of 3
South of Ms. Yount's mobile home, I observed a small burn pile containing branches, boards,
scrap metal and other refuse (photos 2, 3). The Younts said that they thought the pile contained
only branches, and that it ignited accidentally from an ember that flew from the nearby burn
barrel (photo 2).
On the southeast corner of the property, I observed a shallow pit containing partially burned
boards, metal cans and other household garbage, as well as an unburned cardboard box and an
unburned wooden frame (photo 4). Mr. Yount said he had not cleaned out this pit yet, either.
Ms. Yount said she had just finished pumping the rainwater out of the pit. The items I observed
in the pit appeared to be the same boards, metal cans, household garbage, cardboards box and
wooden frame I observed on my previous inspections, and I did not observe any evidence of
recent waste-burning in the pit.
Seventeen other photos were taken of the site, showing appliances, crutches, scrap metal,
demolition debris, household garbage and other refuse. Those photos are part of the ordinance
violation case, but are not part of the open dumping and open burning case alleged in this report,
and are not included in this packet. I left the site at about 2:25 p.m.
On the Inspection Report Checklist for this reinspection, I estimated that there were 12 cubic
yards of waste associated with the fire 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
associated with the fires may vary significantly from that estimation.
SUMMARY OF APPARENT VIOLATIONS
ILLINOIS ENVIRONMENTAL PROTECTION ACT (415 ILCS 5/1 et seq.)
Section 9 (c) of the Act: No person shall ... cause or allow the open burning of refuse.
Evidence of 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 #1838045028
Danville / Yount
05/14/08
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. Evidence of 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 Ill. Adm. Code 817. No such application for
a permit to develop and operate a landfill was submitted.
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STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SK:c. I CH
Date. of Insoect'ión:
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Inspector:-
DOUGLAS TOOLE
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RECEIVED
CLERK'S
OFFICE
iLIL 0 7 2008
STATE
OF ILLINOIS
Pollution
Control
Board
COURT HOUSE
7 NORTH VERMILION STREET
DANVILLE, ILLINOIS 61832
(217) 554-7750
FAX (217) 554-7775
FRANK
R. YOUNG
State's Attorney
ORIGINAL
OFFICE OF THE STATE'S ATTORNEY
VERMILION COUNTY
FIFTH JUDICIAL CIRCUIT OF ILLINOIS
July 3, 2008
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
t0q
1C)c)_-----L
Re:
Administrative Citation
Respondent:
Connie Yount
AC Number:
County Case Number:
08-03
Site Code No:
1838045028
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
Jul03,
2008.
Respondent's mailing address is:
jcpavI
Connie Yount
546 Highland Park Road
Danville, Illinois 61832
Sincerely,
Charles D. Mockbee IV
