BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
DEC
29
2008
STATE
OF
lLUk1
COUNTY OF WILL,
)
Pollution
Contro?’d
Complainant,
)
vs.
)
AC 09
)
)
GLOVER
FAMILY TRUST, ELAiNE D.
)
GLOVER, GLEN K.
GLOVER,
)
)
Respondents.
)
NOTICE OF FILING
TO:
GLOVER FAMILY TRUST,
under trust agreement dated February 26, 2003,
do
co-trustee Glen K. Glover, 333 W.
Benton Ave., Naperville, IL 60540;
GLEN K.
GLOVER,
333
W.
Benton Ave., Naperville, IL 60540; and
ELAiNE D. GLOVER, 333 W.
Benton Ave., Naperville, IL 60540
PLEASE TAKE NOTICE
that on this 24day of December, 2008, I cause
to be
mailed via overnight delivery for filing 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.
Assistant State’s Attorney
Will County State’s Attorney’s
Office
121 N.
Chicago
St.
Joliet, Illinois 60432
815/727-8453
BEFORE THE
ILLINOIS POLLUTION
COUNTY OF
WILL,
vs.
Complainant,
GLOVER
FAMILY
TRUST,
ELAiNE
D.
GLOVER,
GLEN K.
GLOVER,
Respondents.
)
)
)
)
)
)
)
)
)
)
RECEVED
CLERK’S
OFFICE
CONTROL
BOARD
DEC
29
2008
STATE
OF
ILUNOIS
PoUut
IOfl
Control
Board
AC09
.
APPEARANCE
I hereby
file my
appearance on behalf
of
the COUNTY
OF WILL, a body
corporate and
politic, in this
proceeding.
Lie D.
Manning,
Assistant State’s
Attorney
Will
County State’s
Attorney’s Office
121 N.
Chicago
St.
Joliet, IL 60432
815/727-8453
ECEVED
CLERKIS
OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
ADMINISTRATIVE
CITATION
DEC
29
2008
STATE
OF
IWNOI
COUNTY OF
WILL,
)
POUUtIon
Control
8oad
Complainant,
)
vs.
)
ACO9
)
)
GLOVER
FAMILY
TRUST,
ELAINE
D.
)
GLOVER, GLEN
K. GLOVER,
)
)
Respondent.
)
ADMINISTRATIVE
CITATION
NOW
COMES
the complainant,
the COUNTY
OF WILL,
a body
corporate
and
politic,
through its State’s
Attorney James
W.
Glasgow,
by one
of
his assistants,
Melanie
D.
Manning,
and for
its Administrative Citation
against
the GLOVER
FAMILY TRUST,
EALINE D.
GLOVER, an
individual and
co-trustee,
and
GLEN K.
GLOVER, an
individual and
co-trustee, states
as follows:
JURISDICTION
This
Administrative
Citation
is issued
pursuant to
authority vested
in the Illinois
Environmental
Protection
Agency
by
415
ILCS
5/1, et.
seq.,
specifically
415 ILCS
5/3
1.1.
FACTS
1.
The
respondents, the
GLOVER
FAMILY
TRUST,
under a
certain
trust
agreement
dated
February
26, 2003, ELAINE
D.
GLOVER,
an
individual
and upon
information
and
belief,
co-trustee of the
GLOVER FAMILY
TRUST,
and GLEN K.
GLOVER,
an
individual
and upon
information
and
belief, co-trustee
of the GLOVER
FAMILY
TRUST,
(hereinafter
collectively referred to
as
“Respondents”)
at
all
times
relevant hereto
are the owner of
the
real property,
or have an
ownership interest
in the
1
trust that
is the
property,
located at
24W947 Ramm
Dr., Naperville,
Will County,
Illinois
P.I.N.
07-01-05-203-018
(hereinafter
collectively
referred to as
the “subject
property”).
2.
The
Illinois Environmental
Protection
Agency
has
previously
assigned
the
subject
property
a site
code
of
1978205013.
3.
At
all
times relevant
hereto the
Respondents have owned,
had an
interest
in a trust
that
owned
and/or
controlled
the subject
property, and upon
information
and
belief,
allowed
an
unknown
person to
use the subject
property and/or
operate
a
business
on the
subject
property.
4.
-
On
October 31, 2008,
Jason Peppmuller,
an
Environmental
Enforcement
Officer
for the Waste
Services
Division
of the Will County
Land Use
Department,
inspected
the
subject
property.
5.
After
his
October
31, 2008, inspection
of the subject
property, Officer
Peppmuller
prepared
an Inspection
Report detailing his
observations
of
the subject
property.
A true
and
correct copy of
the inspection report
and
a supporting
affidavit
are
attached
hereto and
incorporated
herein as “Group
Exhibit
A”.
VIOLATIONS
I.
CAUSE OR ALLOW
THE OPEN
DUMPING
OF ANY WASTE
IN A
MANNER
WHICH
RESULTS
IN LITER
AT THE DUMP
SITE,
SECTION
21(p)(1’)
6.
On
the
basis on
Officer
Peppmuller’ s
direct observations,
he has
determined the
Respondents allowed
the
open
dumping of waste,
which
resulted
in litter
at
the subject
property in violation
of
415 ILCS
5/21Q,)(1).
7.
Specifically
that Respondents
allowed
the
open dumping of waste,
which
resulted in
litter,
at
the
subject
property as
on October 31,
2008,
Officer
Peppmuller
observed
during
his on-site
inspection
dumping
which caused
litter in
violation of 415
ILCS
5/21Q)(1).
2
II.
CAUSE OF ALLOW THE OPEN DUMPITNG OF ANY WASTE IN A
MANNER WHICH RESULTS
IN
OPEN BURNING, SECTION 2l(p)(3)
8.
On the basis
on
Officer Peppmuller’
s
direct observations, he
has
determined the Respondents allowed the open dumping of waste, which resulted in
open
burning at the subject property in violation of 415 ILCS 5/21(p)(3).
9.
Specifically that
Respondents
allowed the open dumping of waste, which
resulted in litter, at the subject
property
as on October 31, 2008, Officer Peppmuller
observed during his on-site inspection
dumping which resulted in open burning in
violation of 415 ILCS 5/21(p)(3).
III.
CAUSE OR ALLOW THE OPEN
DUMPING OF ANY WASTE IN
A
MANNER
WHICH RESULTS I]4 DEPOSITION
OF
GENERAL
CONSTRUCTION OR DEMOLITION
DEBRIS; OR CLEAN CONSTRUCTION
OR DEMOLITION DEBRIS AT THE DUMP SITE,
SECTION 21(p)(7)
10.
On the basis on Officer Peppmuller’s direct observations,
he has
determined the Respondents allowed the open
dumping of waste which was caused
or
allowed in a manner which resulted
in deposition of general construction
or demolition
debris or clean construction
debris at the subject property in violation
of 415 ILCS
5/21
(p)(7).
11.
Specifically that Respondents allowed
the open dumping of waste,
which
resulted
in litter,
at
the subject property as on
October
31, 2008, Officer Peppmuller
observed
during his
on-site
inspection
open dumping of waste which was caused
or
allowed in a
manner
which
resulted
in deposition of general construction
or demolition
debris or clean construction
debris at the subject property
in violation of 415 ILCS
5/21
(p)(
7
).
CIVIL PENALTY
3
Pursuant
to
Section
415 ILCS
5/42(b)(4)-(5),
Respondents
are subject
to a
civil
penalty
of
$1,500.00
for each
of the violations identified
above,
for a total of
$4,500.
If
Respondents
elect not to petition
the Illinois
Pollution
Control Board, the statutorily
civil
penalty specified above
shall
be
due and payable
no later
than
February
27, 2009, unless
otherwise
provided
by 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 ILCS
5/31.1,
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
Protection
Agency
and the Illinois
Pollution
Control
Board.
Those
hearings costs
shall
be
assessed
in addition to the
$1,500.00
statutory civil
penalty for each violation.
Pursuant to Section
415 ILCS
5/31.1 (d)( 1), if
Respondents fails
to petition
or
elect
not to petition
the Illinois Pollution
Control
Board for review
of this
Administrative
Citation
within
35
days of the date of
service, the Illinois
Pollution
Control Board
shall
adopt
a final
order,. which shall in
clued
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 Will, c/o Pat
McGuire,
Will
County
Treasurer,
302
N. Chicago St.,
Joliet, Illinois
60432; and
(2) Illinois Environmental
Protection
Agency, 1021
North Grand Avenue
East,
P.O.Box 19276, Springfield,
Illinois
62794-9276.
Respondents
shall complete
and return the
enclosed Remittance
Forms with
payments to ensure
property
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
Complainant
may
either initiate
4
proceedings
against Respondent
in the 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
ICLS
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
James
W.
Glasgow,
Will
County
State’s Attorney,
Attn: Melanie D.
Manning,
Assistant
State’s
Attorney, Will
County
State’s
Attorney’s
Office, 121 N. Chicago
St., Joliet,
Illinois
60432. 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
W. Randolph,
Suite 11-500
Chicago, Illinois
60601-3218
A copy
must be sent to:
James W. Glasgow,
Will County
State’s
Attorney
Attn:
Melanie
D. Manning,
Assistant State’s
Attorney
Will County State’s
Attorney’s
Office
121
N.
Chicago
St.
Joliet, Illinois 60432.
DATED this
day of
December, 2008
Melanie D.
Manning,
Assistant
State’s Attorney
5
STATE OF ILLLNOIS
)
)
SS.
COUNTY
OF WILL
)
AFFIDAVIT
Affiant, Jason Peppmuller, being first duly sworn on oath, voluntarily deposes and
states as follows:
1.
Affiant has been with the Waste Services Division of the Will County Land
Use Department since May 2005 and has
been
so employed at all times
relevant hereto.
2.
Currently and
at
all times relevant hereto Affiant is an Environmental
Enforcement Officer
for
the Waste Services Division of the Will County Land
Use Department.
3.
On October 31, 2008, affiant conducted an inspection of the real property and
facility located
at 24W947 Ramm Dr., Naperville, Will County, that
is the
subject of the
Administrative Citation.
4.
Affiant inspected said subject property and witnessed all the observations as
set
forth in the
Administrative Citation and his Inspection
Report
attached
as
part of Group
Exhibit
A.
5. As a result of the actions of
affiant contained in paragraphs
3 and
4
above,
affiant
completed the Inspection Report attached hereto and made
a
part
hereof, which is
an accurate
representation
of affiant’
s
observations
and
factual conclusions with respect to the property as identified and described in
paragraph 2 above and the Administrative Citation as it appeared on October
31, 2008.
6.
On
December 11, 2008, Affiant conducted another inspection of
the subject
property and all violations alleged in the
Administrative
Citation and the
Inspection Report continued t exist on the subject
property.
Z
(J
Jaon Peppmuller,
Environmental
Enforcement Officer,
Waste
Services Division
Will County Land
Use
Department
1/
OFFICIM.
SEAL
LOREAN
LIKAVEC
NOTARY
7/1O
PUBLIC-
STATE
OF
ILLINOIS
5
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open
Dump
Inspection
Checklist
County:
Will
LPC#:
1978205013
Region:
2-
Des Plaines
Location/Site
Name:
24W947
Ramm
Dr.,
Naperville
60564
/
Glover
property
Date:
10/31/2008
Time:
From
1:25
pm
To
1:33
pm
Previous
Inspection
Date:
8/13/2004
Inspector(s):
Jason
Peppmuller
Weather:
68
degrees
Fahrenheit,
west-southwest
winds
at
8
mph,
clear
skies
No.
of
Photos
Taken:
#
16
Est.
Amt.
of
Waste:
220
yds
3
Samples
Taken:
Yes
#
No
Interviewed:
N/A
Complaint
#:
Responsible
Party
Glover
Family
Trust
Mailing
Address(es)
and
Phone
Number(s):
333
W.
Benton
Ave.
Naperville,
IL
60540
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN
OR
ALLOW
AIR
POLLUTION
IN
ILLINOIS
2.
9(c)
CAUSE
OR
ALLOW
OPEN
BURNING
3.
12(a)
CAUSE,
THREATEN
OR
ALLOW
WATER
POLLUTION
IN
ILLINOIS
4.
12(d)
CREATE
A
WATER
POLLUTION
HAZARD
5.
21(a)
CAUSE
OR
ALLOW
OPEN
DUMPING
CONDUCT
ANY
WASTE-STORAGE,
WASTE-TREATMENT,
OR
WASTE-
DISPOSAL
6.
21(d)
OPERATION:
(1)
Without
a
Permit
(2)
In
Violation
of
Any
Regulations
or
Standards
Adopted
by
the
Board
DISPOSE,
TREAT,
STORE,
OR
ABANDON
ANY
WASTE,
OR
TRANSPORT
ANY
7.
21(e)
WASTE
INTO
THE
STATE
ATITO
SITES
NOT
MEETING
REQUIREMENTS
OF
ACT
CAUSE
OR
ALLOW
THE
OPEN
DUMPING
OF
ANY
WASTE
IN
A
MANNER
WHICH
RESULTS
8.
21(p)
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
(5)
Proliferation
of
Disease
Vectors
(6)
Standing
or
Flowing
Liquid
Discharge
from
the
Dump
Site
H
Revised
06/18/2001
(Open
Dump
-
1)
.LPC#
1978205013
Inspection
Date:
10/31/2008
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.
Deposition
of
General
Construction
or
Demolition
Debris;
or Clean Construction
or
(7)
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
El
35
ILLINOIS
ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLEG
FAILURE TO
SUBMIT
AN
APPLICATION
FOR
A PERMIT
TO DEVELOP
AND
10.
812.1 01
(a)
OPERATE
A LANDFILL
11.
722.111
HAZARDOUS
WASTE
DETERMINATION
El
12.
808.121
SPECIAL
WASTE
DETERMINATION
El
ACCEPTANCE
OF
SPECIAL
WASTE
FROM
A WASTE
TRANSPORTER
WITHOUT
A
WASTE HAULING
PERMIT,
UNIFORM
WASTE
PROGRAM
REGISTRATION
AND
El
13.
809.302(a)
PERMIT ANDIOR
MANIFEST
OTHER
REQUIREMENTS
14.
APPARENT
CASE
NUMBER:
VIOLATION
OF:
(LI)
PCB;ORDER
([1)
CIRCUIT
ENTEREDCOURT
ON:
El
Abandon
any
vehicle in
violation
of the “Abandoned
Vehicles
15.
21(c)
Amendment_to_the_Illinois_Vehicle_Code”
El
El
El
El
El
Revised
06/18/2001
(Open
Dump
- 2)
Page
1
of
2,
Glover
property
/
Site #
1978205013
OBSERVED
VIOLATIONS
10/31/08
Site
Inspection
#
1 Pursuant
to
Section
9(a)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/9(a)),
no
person
shall
cause,
threaten,
or
allow
air
pollution
in
Illinois.
A
violation of
Section
9(a)
of the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/9(a))
is
alleged
for
the
following
reason:
During
the
inspection
evidence
of
open
burning
of waste
debris
was
observed.
#
2
Pursuant
to
Section
9(c)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/9(c
)),
no
person
shall
cause
or
allow
open
burning.
A
violation
of
Section
9(c)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/9(c))
is
alleged
for
the
following
reason:
During the
inspection
evidence
of
open
burning
of waste
debris
was
observed.
#
3
Pursuant
to
Section 21(a)
of
the
Act,
no
person
shall
cause
or
allow
the
open
dumping of
any
waste.
A
violation of
Section
21(a)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/21(a)) is
alleged
for
the
following
reason:
Evidence of
open
dumping
of
waste
was
observed
during
the
inspection.
#
4
Pursuant to
Section
2 1(c)
of
the Act,
no
person
shall
abandon
any
vehicle
in violation
of
the
“Abandoned
Vehicles
Amendment
to
the
Illinois
Vehicle
Code”,
as
enacted by
the
General
Assembly.
A
violation
of
Section
21(c)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/21(c))
is
alleged
for
the
following
reason:
Evidence of
abandoned
vehicles
were
observed
during
the
inspection.
#
5
Pursuant
to
Section
21(d)(1)
of
the
Act,
in
relevant
part,
no
person
shall
conduct
any
waste-
storage,
waste-treatment,
or
waste-disposal
operation
without
a permit
granted
by
the Agency or
in
violation of
any
conditions
imposed
by
such
permit,
including
periodic
reports
and
full
access
to
adequate
records
and
the
inspection
of facilities,
as
may
be
necessary
to
assure
compliance
with
this
Act
and
with regulations
and
standards
adopted
there
under.
A
violation
of
Section
21
(d)(
1)
of
the
[Illinois]
Environmental
Protection Act
(415
ILCS
5/21(d)(1)) is
alleged for
the
following
reason:
Waste
was
disposed
without
a
permit
granted
by
the
Illinois
EPA.
# 6
Pursuant to
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
this
Act.
A
violation
of
Section
21
(d)(2)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/21
(d)(2))
is
alleged
for
the
following
reason:
A
waste
disposal
operation was
conducted
in
violation
of
regulations
adopted
by the
Illinois
Pollution
Control
Board.
1
Page 2 of 2, Glover
property / Site #
1978205013
# 7 Pursuant to
Section 2 1(e)
of the Act, no person
shall
dispose,
treat, store or abandon
any
waste, or transport
any waste into
this
State
for
disposal, treatment, storage
or
abandonment,
except
at a site or
facility which
meets the requirements
of this
Act
and of regulations
and
standards there
under.
A violation
of Section 21(e) of the
[Illinois]
Environmental
Protection
Act (415
ILCS
5/21(e)) is
alleged for the
following reason:
Waste was disposed
at
this site,
which does not meet
the
requirements of the
Act and regulations
there under.
# 8 Pursuant to
Section 21Q) of
the [Illinois]
Environmental Protection
Act (415 ILCS
5/21(p)),
no
person
shall, in violation
of subdivision
(a) of this
Section
[21],
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;
5.
proliferation of disease vectors;
or
6.
standing or flowing liquid
discharge
from the dump
site.
7.
deposition
of:
(i)
general
construction or demolition debris
as
defined
in Section 3.78 of this
Act;
or
(ii)
clean construction or demolition
debris as
defined
in Section
3.78a of this Act.
A violation
of Section 21(p)(1) is
alleged
for the
following reasons:
The
open dumping
of
waste
was caused
or
allowed
in a manner,
which
resulted in litter.
A
violation of
Section 21Q,)(3)
is alleged for the
following
reason: The open
dumping
of
waste was
caused or
allowed in a
manner which resulted
in
open
burning of waste debris.
A violation of
Section 21(p)(7)
is alleged for
the
following reasons:
The open
dumping
of
waste
was caused or
allowed in
a manner which
resulted in
deposition of general
construction
or
demolition
debris; or clean
construction
or demolition debris.
# 9
Pursuant to Section
5 5(a)( 1)
of the [Illinois]
Environmental Protection
Act (415 ILCS
5/5
5(a)( 1)), no person
shall cause or
allow
the open
dumping
of any used
or waste
tire.
A
violation
of Section 55(a)(1)
of the
[Illinois]
Environmental
Protection
Act
(415 ILCS
5/55(a)(1))
is
alleged
for the following
reason: Evidence
of open
dumping
of used or waste
tires
was observed
during
the inspection.
# 10
Pursuant to Section
812.101(a),
all persons,
except those specifically
exempted by Section
21(d)
of
the
Environmental
Protection
Act (Act) (Ill. Rev.
Stat. 1991,
ch.
1111/2, par. 1021(d))
[415
ILCS
5/21(d)]
shall
submit to the
Agency
an
application for a permit
to develop
and operate
a
landfill.
The
applications
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.
A
violation
of 35 Ill.
Adm. Code
812.101(a) is alleged
for
the following
reason: A
waste
disposal
site
was operated without
submitting
to the Illinois EPA
an application
for a permit to develop
and
operate a
landfill.
2
Page
1 of 11, Glover
property
State
of
Illinois
Environmental
Protection
Agency
General
Narrative
Inspection
Report
Document
County:
Will
Date:
10/31/08
Location:
24W947
Ramm
Dr., Naperville
60564
Time:
1:25
pm
— 1:33
pm
Site
No:
1978205013
Inspector(s):
Jason
Peppmuller
P.I.N:
07-01-05-203-018
General
Remarks
Site
History
The
site was
originally
found in
violation
during a
Feb.
26,
1998
inspection.
Joy
Hinz
of the
Will
County
Land
Use
Dept.,
Waste
Services
Division,
was
the
inspector.
After over
one year
and
four
violation
letters
sent
to
the owners,
the
site
was
found
“In-General
Compliance”
during
an April
21,
1999
inspection.
Dean
Olson,
Will
County
Waste
Services
Division
Manager,
conducted
an inspection
on
July
2,
2004,
found
the
site in
violation,
and
sent
a Non-Compliance
Advisory
(NCA)
to the
owners.
During
an
August
13,
2004 inspection
by Dean,
the
site
was still
in
violation
and
he
issued
Violation
Notice
(VN)
L-2004-WL099.
On
December
7, 2004
Dean
issued
a Notice
of
Intent to
Pursue
Legal
Action
letter
for no
VN response
and
no
cleanup
observed
at the site.
On
February
4, 2005
Dean
observed
similar
ongoing
violations.
On March
1, 2005
an
EDG meeting
was
held
and the
case
was
referred
to the
Will
County
SAO,
Case
No. 05
CH 565.
Two
Will County
Court
Orders
were
issued
during
2005,
which
addressed
violations
at the site.
After
several
court
dates,
and
eventual
cleanup
by
the
property
owner,
the
case
was
“Dismissed
without
prejudice”
on April
10, 2006.
Site
Inspection
On
October
31,
2008
I conducted
an
inspection
of
the
above-mentioned
property
to determine
its
compliance
with
the Illinois
Environmental
Protection
Act and
Title 35
of the
Illinois
Administrative
Code.
Weather
conditions
during
the inspection
included
a
temperature
of 68
degrees
Fahrenheit,
west-southwest
winds
at
8 mph,
and
clear
skies.
I
arrived
at the
site, parked
the vehicle,
and
began
the inspection
on foot.
I did
not
observe
any
persons
on
the
property
at the
time.
In
the southeast
section
of
the
property
I observed
off-site
generated
landscape
waste,
construction
and demolition
debris,
scrap
metal,
contaminated
soil,
and
litter
open
dumped
(photo
1).
I observed
piles
of
off-site
generated
landscape
waste
such
as
brush,
grass
clippings,
sod, and
leaves
open
dumped
(photo
2).
I observed
off-site
generated
landscape
waste,
construction
and
demolition
debris,
and
litter
open
dumped
(photo
3). I
then
observed
off-
site
generated
landscape
waste,
treated
woody
waste,
litter
and
contaminated
soil
open
dumped
(photo
4).
I
then
observed
waste
tires,
litter,
construction
and demolition
debris,
and
contaminated
soil
open dumped
(photo
5). I observed
contaminated
soil
mixed
with construction
and
demolition
debris,
litter,
and
tires open
dumped
(photo
6).
I then
observed
an
abandoned
vehicle
and
boat
open
dumped
(photo
7).
I observed
the
two
abandoned
vehicles
open
dumped
and
buried
with
about
one foot
of open
dumped
soil contaminated
with
construction
and
demolition
debris
and
litter
(photo
8).
I
also observed
an abandoned
tractor
open
dumped
partially
hidden
by vegetation.
1
Page
2 of 11,
Glover
property
I proceeded and
observed
some
pieces
of
scrap
metal
open
dumped
near
a
building
(photo
9).
1
continued
to
observed
piles
of
off-site
generated
landscape
waste,
contaminated
soil,
construction
and demolition
debris,
scrap
metal,
and
litter
open
dumped
(photos
10
&
11).
I then
observed
a
container
with
open
burned
construction
and
demolition
debris
and litter
in
it (photo
12). I
then
observed
construction
and
demolition
debris
and
litter
open
dumped
(photo
13).
I
then
observed a
pick-up
truck
bed
filled
with
off-site
generated
landscape
waste
(photo
14).
I then
observed
a Bren
Concrete
truck
parked
onsite
(photo
15).
I
also
observed
a
Jeff s
Lawn
Care
&
Landscaping
truck
parked
onsite.
It
appears
one
or
both
of
the
businesses
may
be
causing
or
allowing
the
open
dumping
and
open
burning
at
the
site.
I then
concluded
the
inspection and
exited
the
site.
I
estimated
approximately
220
cubic
yards
of
waste
debris
was
open
dumped
on the
site,
including
the two
abandoned
vehicles
and
boat.
Upon
concluding
the
inspection,
the
following
apparent
violations
were
observed
at
site:
sections
9(a),
9(c),
21(a),
21(c),
2l(d)(1),
21(d)(2), 21(e),
21(p(1)),
21(p(3)),
21(p(7)),
55(a)(l)
of
the
Illinois
Environmental
Protection
Act,
and
Section
812.101(a)
of
Title
35 Illinois
Administrative
Code.
END
OF
NARRATIVE
BY JASON
PEPPMULLER
2
Page
3 of 11,
Glover
property
Photo
1
Taken By: Jason
Peppmuller
Date:
10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site No: 1978205013
Comments:
Facing south,
photo
shows
off-site
generated
landscape
waste,
construction
and
demolition
debris,
contaminated
soil,
and
litter
open
dumped.
Photo
2
Taken By: Jason
Peppmuller
Date: 10/31/08
Location:
24W947 Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-0
18
Site No:
1978205013
Comments:
Facing
southeast,
photo
shows
piles
of off-site
generated
landscape
waste
such
as
brush,
grass
clippings,
sod,
and
leaves
open
dumped.
3
Page
4
of
11,
Glover
property
Photo
3
Taken
By:
Jason
Peppmuller
Date:
10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site
No:
1978205013
Comments:
Facing
northeast,
photo
shows
off-site
generated
landscape
waste,
construction
and
demolition
debris,
and
litter
open
dumped.
Photo
4
Taken
By:
Jason
Peppmuller
Date:
10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site
No:
1978205013
Comments:
Facing
northwest,
photo
shows
off-site
generated
landscape
waste,
treated
woody
waste,
litter
and
contaminated
soil
open
dumped.
-
-
--
4
Page 5 of 11,
Glover
property
Photo
5
Taken By:
Jason
Peppmuller
Date: 10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site
No: 1978205013
Comments:
Facing
west,
photo
shows
waste tires,
litter,
construction
and
demolition debris,
and
contaminated
soil
open
dumped.
Photo 6
Taken By:
Jason
Peppmuller
Date:
10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site No:
1978205013
Comments:
Facing
northwest,
photo
shows
contaminated
soil
mixed
with
construction
and
demolition
debris,
litter,
and
tires
open
dumped.
5
Page
6 of 11,
Glover
property
Taken
By:
Jason
Peppmuller
Date:
10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
Photo
7
Taken
By:
Jason
Peppmuller
Date:
10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site
No:
1978205013
Comments:
Facing
southwest,
photo
shows
an abandoned
vehicle
and
boat open
dumped.
Photo
8
P.I.N.
07-01-05-203-018
Site
No:
1978205013
Comments:
Facing
southwest,
photo
shows
2
abandoned
vehicles
open
dumped.
Notice
the
tires
on
the
vehicles
are
almost
half
buried
by
contaminated
fill.
-
6
Page 7
of 11,
Glover
property
Photo
9
Taken
By:
Jason
Peppmuller
Date: 10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N. 07-01-05-203-018
Site
No: 1978205013
Comments:
Facing
north,
photo
shows
scrap
metal
open
dumped.
Photo
10
Taken By:
Jason
Peppmuller
Date: 10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N. 07-01-05-203-018
Site
No:
1978205013
Comments:
Facing
east,
photo
shows
off-site
generated
landscape
waste,
contaminated
soil,
construction and
demolition
debris,
scrap
metal,
and
litter
open
dumped.
7
Page
8
of
11,
Glover
property
Photo
11
Taken
By:
Jason
Peppmuller
Date:
10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site
No:1978205013
Comments:
Facing
southeast,
photo
shows
off-site
generated
landscape
waste,
contaminated
soil,
construction
and
demolition
debris,
scrap
metal,
and
litter
open
dumped.
Photo
12
Taken
By:
Jason
Peppmuller
Date:
10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site
No:1978205013
Comments:
Facing
northwest,
photo
shows
a
container
with
open
burned
construction
and
demolition
debris
and
litter
in
it.
8
Page 9 of 11, Glover
property
Photo
14
Taken By:
Jason
Peppmuller
Location: 24W947 Ramm
Dr.,
Naperville 60564
Photo 13
Taken By:
Jason
Peppmuller
Date: 10/31/08
Location: 24W947 Ramm
Dr., Naperville
60564
P.I.N. 07-01-05-203-018
Site No:
1978205013
Comments: Facing
southeast, photo
shows
construction and
demolition
debris
and
litter
open dumped.
Date: 10/31/08
P.I.N. 07-Q1-05-203-018
Site No:
1978205013
Comments:
Facing east,
photo shows
a pickup
truck bed filled
with off
site
generated
landscape
waste.
9
Page
10 of 11,
Glover
property
Photo
15
Taken
By: Jason
Peppmuller
Date: 10/31/08
Location: 24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-0
18
Site
No: 1978205013
Comments:
Facing
east,
photo
shows a
Bren
Concrete truck
parked
onsite.
Photo 16
Taken By:
Jason
Peppmuller
Date: 10/31/08
Location:
24W947
Ramm
Dr.,
Naperville
60564
P.I.N.
07-01-05-203-018
Site No:
1978205013
Comments:
Facing
southwest,
photo
shows a
Jeff
s Lawn
Care &
Landscaping
truck
parked
onsite.
10
Page
11
of
11,
Glover
property
Site
Sketch
County:
Will
Location:
24W947
Ramm
Dr.,
Naperville
60564
Site
No: 1978205013
P.I.N: 07-01-05-203-018
Not
drawn to
scale
Date:
10/31/08
Time:
1:25
pm—
1:33
pm
Inspector(s):
Jason Peppmuller
-Indicates
photo
direction
&
number
Aerial
photo
is
from
2004
and
does
not
represent
current
conditions
at
the
site.
11
