ILLINOIS POLLUTION CONTROL BOARD
October 16, 2008
COUNTY OF JACKSON,
Complainant,
v.
LESTER JOHNSON and ARTHUR CROSS,
Respondents.
)
)
)
)
)
)
)
)
)
AC 09-4
(Site Code No. 0778145021)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On July 16, 2008, the County of Jackson (County) timely filed an administrative citation
against Lester Johnson and Arthur Cross (respondents).
See
415 ILCS 5/31.1(c) (2006); 35 Ill.
Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a property located at
latitude 7.74701 and longitude -89.40784 in Jackson County, designated with Site Code No.
0778145021, and commonly known to the Illinois Environmental Protection Agency as the
“Murphysboro/Lester Johnson” site. The County alleged that respondents violated Sections
21(p)(1), (p)(3), (p)(4), and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),
(p)(3), (p)(4), (p)(7) (2006)) on June 5, 2008, by causing or allowing the open dumping of waste
resulting in litter, open burning, the deposition of waste in standing or flowing waters, and the
deposition of general or clean construction or demolition debris at the Jackson County site.
On August 7, 2008, the Board issued an order accepting as timely filed respondents’
petition to request a hearing. The Board directed respondents to file an amended petition,
however, to cure the original petition’s deficiency of failing to provide grounds for contesting the
administrative citation. On September 16, 2008, the Board accepted for hearing respondents’
amended petitions.
On October 1, 2008, the County filed a motion to voluntarily dismiss the administrative
citation (Motion). In the motion, the County notes that a subsequent inspection found the site to
be “cleaned up and in compliance with the open dumping laws.” Motion at 2. The Board grants
the County’s motion, dismisses the case, and closes the docket.
IT IS SO ORDERED.
2
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on October 16, 2008, by a vote of 4-0.
__________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
:ACiruE;186012FroaD
rd
C/8
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF JACKSON,
/anon
Controle
Complainant,
AC 09-
Site Code: 0778145021
LESTER JOHNSON and
ARTHUR CROSS,
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, Lester Johnson, is the present owner and in control and
possession of a facility located in the County of Jackson, State of Illinois.
2.
The respondent, Arthur Cross, is the occupant and in control and possession 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 # 0778145021. The facility is
known to the Agency as the Murphysboro/Lester Johnson site.
4.
The Respondents have owned, occupied, controlled and/or operated the facility at
all relevant times hereto.
Page 1 of 7
5.
On June 5, 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 June 5, 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 open burning at the facility in violation of
415 ILCS 5/21(p)(3).
3.
The Respondents have caused or allowed the deposition of waste in standing or
flowing waters in violation of 415 ILCS 5/21(p)(4).
4.
The Respondents have caused or allowed the deposition of general construction or
demolition; or clean construction or demolition debris in violation of 415 ILCS 5121(p)(7).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 4151LCS 5/42(b)(4-5) (2006), 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 Six Thousand Dollars ($6,000.00). 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 August 15, 2008, unless otherwise provided by
Page 2 of 7
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 I LCS 5/31.1 (2006),
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 Protection Agency and the Illinois Pollution Control
Board. Those hearing costs shall be assessed in addition to the Fifteen Hundred Dollars
($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
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, checks shall be made payable in equal amounts (50% of total
penalty each) to:
(1)
County of Jackson, do Jackson County Treasurer, Jackson County Courthouse,
Murphsyboro, Illinois 62966; and
(2)
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.
Page 3 of 7
Respondents shall complete and return the enclosed Remittance Forms with payments
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 Complainant may either initiate proceedings against
Respondents in Circuit Court or other debt collection actions to collect said penalty and/or
hearing costs, plus any interest accrued.
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
You have the right to contest this Citation, pursuant to 415 ILCS 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
Page 4 of 7
A copy must also be sent to:
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3
rd
Floor
Murphysboro, II 62966
DATED: 0-1) I yz
, 2008?
IMAM
Daniel Brenner
Assistant State's Attorney
Page 5 of 7
REMITTANCE FORM TO COUNTY OF JACKSON
RECEIVED
CLERKS OFF/CE
COUNTY OF JACKSON,
Complainant,
JUL 1 6
2008
P
STATE
ollution Control
OF ILLINOIS
Board
v.
NO.
AC 09 -
LESTER JOHNSON and
ARTHUR CROSS,
Respondents.
FACILITY:
?
Murphysboro/Lester Johnson Site
COUNTY:?
JACKSON
DATE OF INSPECTION:
?
June 5, 2008
SITE CODE:?
0778145021
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
Page 6 of 7
RECEIVED
CLERK'S OFFICE
JUL 1 6 2008
STATE OF ILLINOIS
Pollution Control Board
REMITTANCE FORM TO ILLINOIS EPA
COUNTY OF JACKSON,
Complainant,
v.?
)?
NO. AC 09 -
)
LESTER JOHNSON and
ARTHUR CROSS,
Respondents.
FACILITY:?
Murphysboro/Lester Johnson Site
COUNTY:?
JACKSON
DATE OF INSPECTION:?
June 5, 2008
SITE CODE:
?
0778145021
Date Remitted ?
SS/FEIN #
?
Signature
?
NOTE
Please enter the date of your remittance, social security number, if an individual, or Federal
Employer Identification Number (FEIN) if a corporation, and sign the remittance form. Be sure
the appropriate check is enclosed and mail, along with this remittance form, to Illinois
Environmental Protection Agency, Attn: Fiscal Services, P.O. Box 19276, Springfield, Illinois
62794-9276.
Page 7 of 7
