ILLINOIS ENvIRoNMENTAL
PROTECTION
AGENCY
1021 NORTH GRAND
AVENUE EAST,
P.O.
Box 19276,
SPRINGFIELD, ILLINOIS 62794-9276
—(217) 782-2829
JAMES R. THOMPSON CENTER, 100 WEST
RANDOLPH, SUITE 11-300, CHIcAGo,
IL 60601 - (312)
814-6026
(217)
782-9817
TDD: (217) 782-9143
April 13, 2009
John
Therriault,
Clerk
Illinois
Pollution Control Board
James R. Thompson Center
100 West Randolph Street,
Suite 11-500
Chicago, Illinois 60601
CLERK’S
OFFICE
STATE
OF
ILLINOIS
PoHuton
Contro’
Board
Re:
Illinois Environmental
Protection Agency v.
Thomas and Valerie Hill
IEPA
File
No. 51-09-AC; 1810055092—Union
County
Dear Mr. Therriault:
Enclosed for
filing
with
the Illinois Pollution Control Board,
please find the original
and nine
true and correct copies
of the Administrative Citation Package,
consisting of the
Administrative
Citation, the inspector’s Affidavit,
and the inspector’s Illinois Environmental
Protection
Agency
Open Dump Inspection Checklist,
issued to the above-referenced respondent(s).
On this date, a copy of the Administrative Citation
Package was mailed to an inspector
from
the
Marion Regional Office to be delivered to Respondent
via hand delivery. As
soon
as I receive
the affidavit of service, I will promptly file a copy with
you, so that the Illinois Pollution
Control
Board may calculate the thirty-five (35) day appeal
period for purposes of entering
a default
judgment in the event the Respondent(s) fails or elects
not to file a petition for review
contesting
the Administrative Citation.
If you have any questions or concerns, please do not
hesitate
to contact me at the
number
above.
Thank you for your cooperation.
R0cKF0RD — 4302
North
Main
Street, Rockford, IL 61103 — (815) 987-7760
DEs PLAINES
— 9511 W.
Harrison St.,
Des Plaines, IL
60016
—(847) 294-4000
ELGIN — 595 South State,
Elgin, IL 60123 — (847) 608-3131
PEORIA -. 5415 N. University St., Peoria,
IL 61614 — (309) 693-5463
BUREAU OF LAND
- PEORIA — 7620 N. University St.,
Peoria,
IL
61614
— (309)
693-5462
CHAMPAIGN — 2125 South First Street, Champaign,
IL 61820
— (217) 278-5800
C0LLINsvILLE — 2009 MalI Street,
Collinsville, IL 62234—
(618) 346-5120
.
MARION —2309W.
Main St., Suite
116,
Marion, IL 62959 — (618)
993-7200
PRINTED ON RECYCLED PAPER
e
DOUGLAS
P. SC0U, DIRECTOR
Michelle
M. Ryan
Assistant Counsel
Enclosures
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
OFFjC
APR
162009
ILLiNOIS
ENVIRONMENTAL
)
STAT6oF
ILLINOIS
PROTECTION
AGENCY,
)
IOfl
Coritroi
8
oarcJ
Complainant,
)
AC
q
40
v.
)
(IEPA
No. 51-09-AC)
)
THOMAS
and VALERIE HILL,
)
)
Respondents
)
NOTICE OF
FILING
1
To:
Thomas
and Valerie Hill
1955 Christian Chapel
Road
Anna,
IL
62906
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.
spectfully
submitted,
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
Dated:
April 13, 2009
THIS
FlUNG
SUBMITTED
ON
RECYCLED PAPER
BEFORE
THE ILLINOIS POLLUTION
CONTROL
BOThTE
ILLINoIs
ADMINISTRATIVE
CITATION
ntrol
8
oard
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
2
-
V.
)
(IEPA
No.51-09-AC)
)
THOMAS
and VALERIE
HILL,
)
)
)
)
Respondents
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 Thomas
and
Valerie
Hill are the current
owners
(“Respondents”)
of
a facility
located at
the following: Lot 18
Agnus
Ussery
Addition, Anna, Union
County, Illinois.
The
property
is
commonly known
to
the Illinois En’vironmental
Protection
Agency
as Anna/Hill (Ussery
St.).
2.
That said
facility is an
open dump operating
without
an
Illinois
Environmental
Protection Agency
Operating Permit
and
is designated
with Site
Code No. 1810055092.
3.
That
Respondents have
owned
said
facility at all times
pertinent hereto.
4.
That on
March 4, 2009,
Sheila Williams
of
the
Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Marion Regional Office
inspected
the above-described
facility.
A copy
of
her
inspection
report setting forth
the results
of said
inspection
is attached
hereto and made
a
part
hereof.
5.
That on
9/3
O
, Illinois
EPA sent this
Administrative
Citation
via
Certified
Mail No.
,“/!A
I
VIOLATIONS
Based
upon direct
observations made
by Sheila Williams
during
the course
of her March
4,
2009 inspection
of the above-named
facility,
the Illinois Environmental
Protection
Agency
has
determined
that Respondents
have violated the Illinois
Environmental
Protection Act
(hereinafter,
the
“Act”)
as follows:
(1)
That
Respondents
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
512
1(p)(1)
(2006).
(2)
That Respondents
caused
or allowed the open
dumping
of waste in
a manner
resulting in deposition
of demolition
debris, a violation of
Section 21(p)(7)
of the
Act,
415 ILCS
5121(p)(7) (2006).
CIVIL PENALTY
Pursuant
to Section 42(b)(4-5)
of the Act,
415 ILCS 5142(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,
fora total of Three
Thousand Dollars
($3,000.00).
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
May
31, 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(2006),
and if
the
Illinois
2
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 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 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, 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, Respondents
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
Respondents 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
Respondents in Circuit
Court to
collect said penalty and/or
hearing costs,
plus any
interest
accrued.
3
PROCEDURE
FOR CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondents
have
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 Respondents
elect to
contest
this
Administrative
Citation,
then
Respondents 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 Respondents.
-
Date:
Dougla’.
Scott, Dir8ctor
)
L’
Illinois Environmental
Protection
Agency
Prepared
by:
Susan E.
Konzelmann,
Legal Assistant
Division of Legal
Counsel
Illinois Environmental
Protection
Agency
1021 North
Grand
Avenue
East
RO.
Box 19276
Springfield,
Illinois 62794-9276
(217) 782-5544
4
APR
1
6
2OQg
REMITTANCE FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA No. 51-09-AC)
)
THOMAS
and VALERIE
HILL,
)
)
Respondents.
FACILITY:
Anna/Hill
(UsserySt.)
SITE
CODE NO.:
1810055092
COUNTY:
Union
CIVIL
PENALTY:
$3,000.00
DATE
OF INSPECTION:
March 4, 2009
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
CE
APR
1
6
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
STATE
Pollution
Control
8
Oarcl
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
)
)
Complainant,
)
)
)
IEPA DOCKET
NO.
v.
)
)
)
)
Respondent
)
AFFIDAVIT
Affiant,
Sheila Williams,
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 March 4,
2009, between
1:10 p.m. and
1:24 p.m., Affiant
conducted
an
inspection
of a
disposal site
operated
by
Thomas
&
Valerie
Hill, located in Union
County, Illinois,
and
known
as AnnaJHill
(Ussery
St.)
by
the
Illinois Environmental
Protection
Agency. Said site has
been assigned site
code number
1810055092
by the Agency.
3.
Affiant inspected
said AnnaJHill
(Ussery
St.) 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 Anna/Hill
(Ussery
St.).
SRW:jkb/3
9601/03-26-09
OFFIClAL
SEAL’
Notary
RONALD
Publj
E.
MORSE
0
My
Comm
,
jasion
Expjre
State
of
2/21/10
Illirioj
Subscribed
and Sworn
to before me
of
2eO
‘7’
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENk’s
oFpIc
Open
Dump Inspection
Checklist
APR
162009
County:
Union
LPC#:
1810055092
Regj9ThT
0
Iuticn
QdtiàlNOiS
Cnnfr.-
2:.
Location/Site
Name:
Anna/Hill
(Ussery
St.)
Date:
3/4/2009
Time:
From 1:14
P.M. To 1:27 P.M.
Previous
Inspection Date:
11/13/2008
Inspector(s):
S.
Williams
Weather:
sunny,
._500
F.
No.
of Photos Taken:
#
6
Est. Amt.
of Waste: 558
yds
3 Samples Taken:
Yes #
No
Interviewed:
Complaint #:
09-050M
Latitude:
37.45559
Longitude:
-089.24291
Collection
Point Description:
Site Entrance
(Example:
Lat.: 41
.26493
Long.: -89.38294)
Collection
Method: GPS
Thomas
& Valerie Hill
Responsible
Party
1995
Christian
Chapel
Rd.
Mailing
Address(es)
and Phone
Number(s)
Anna, IL
62906
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN
OR ALLOW AIR POLLUTION
IN ILLINOIS
LI
2.
9(c)
CAUSE
OR ALLOW
OPEN BURNING
LI
3.
12(a)
CAUSE, THREATEN
OR
ALLOW
WATER
POLLUTION
IN ILLINOIS
LI
4.
12(d)
CREATE A
WATER POLLUTION
HAZARD
LI
5.
21(a)
CAUSE
OR ALLOW
OPEN DUMPING
CONDUCT
ANY
WASTE-STORAGE, WASTE-TREATMENT,
OR
WASTE- DISPOSAL
6.
21(d)
OPERATION:
(1)
WithoutaPermit
LI
(2)
In
Violation
of Any
Regulations or Standards
Adopted
by
the Board
LI
DISPOSE,
TREAT, STORE,
OR ABANDON ANY
WASTE, OR
TRANSPORT ANY
WASTE INTO
THE STATE ATITO
SITES NOT MEETING
REQUIREMENTS
OF
ACT
7.
21(e)
AND REGULATIONS
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
LI
(3)
Open Burning
LI
(4)
Deposition of
Waste in Standing
or Flowing Waters
LI
(5)
Proliferation
of Disease Vectors
LI
(6)
Standing
or Flowing Liquid Discharge
from the Dump
Site
LI
Revised 6/21/2007
(Open Dump
- 1)
LPC#
1810055092
Inspection
Date:
3/4/2
009
Deposition of: (i) General Construction or Demolition Debris
as defined in Section
(7)
3.160(a);
or (ii) Clean
Construction
or Demolition Debris as defined in Section
3.160(b)
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
LI
(2)
Cause or Allow
Open Burning
of Any Used or Waste Tire
LI
35 ILLINOIS ADMINISTRATIVE CODE
REQUIREMENTS
SUBTITLE
G
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT
TO DEVELOP AND
10.
812.101 (a)
OPERATE A LANDFILL
11.
722.111
HAZARDOUS
WASTE DETERMINATION
LI
12.
808.121
SPECIAL WASTE DETERMINATION
LI
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER
WITHOUT
A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION
AND
LI
13.
809.302(a)
PERMIT AND/OR MANIFEST
OTHER
REQUIREMENTS
14.
APPARENT
CASE NUMBER:
VIOLATION OF:
(LI)
PCB;ORDER
(Li)
CIRCUIT
ENTERED
COURT
ON:
LI
15.
OTHER:
LI
LI
LI
LI
LI
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 6/21/2007
(Open Dump -2)
Date:
March
4,
2009
Inspectors:
Sheila
Williams
SiteCode:
1810055092
County:
Union
Site
Name:
Anna/Hill
(Ussery
St.)
Time:
1:14
P.M.
—
1:27
P.M.
GENERAL
REMARKS
On
March
4,
2009
a
follow
up
inspection
was
conducted
at
the
Anna/Hill
(Ussery
St.)
site.
The
original
inspection
was
conducted
on
November
13,
2008.
It
did
not
appear
asthough
anyone
was
present
at
the
site
during
the
inspection.
Photographs
were
not
taken
on
the
property
of
the
opendump.
This
is
because
at
another
site,
also
belonging
to
the
responsible
party,
I
was
denied
access.
Conditions
at
the
site
appeared
to
be
much
the
same
during
both
inspections.
Two
areas
of
apparent
violations
were
observed.
These
have
been
designated
as
Area
A
&
Area
B.
Area
A
consisted
of
a
dilapidated
mobile
home.
It
was
apparent
during
the
current
inspection
that
the
mobile
home
had
fallen
in
on
itself
even
more
than
previously
observed.
Also,
the
two
appliance
that
had
been
sitting
outside
at
the
northern
end
of
the
structure
had
been
removed.
Area
A
was
visually
estimated
to
be
approximately
530
cubic
yards
(65’x22’xlO’)
in
size.Area
B
appeared
to
be
demolition
debris
on
the
ground.
Area
B
was
visually
estimated
to
be
approximately
28
cubic
yards
(20’x15’x2.5’)
in
size.
According
to
the
Union
County
Supervisor
of
Assessments
Office,
it
is
apparent
Thomas
&
Valerie
Hill
of
Anna
receive
the
real
estate
tax
bill
for
the
piece
of
property
on
which
this
site
is
located.
1
SI?
fr
e,fr
Exposure
#:
001
Comments:
interior
of
mobile
home
is
exposed
Date:
3/4/2009
Time:
1:16
P.M.
Direction:
southeast
Photo
by:
S.
Williams
Exposure
#:
002
Comments:
demolition
debris
is
on
the
ground
to
the
south
of
the
mobile
home
File
Names:
1810055092r103042009
-
[Exp.
#].jpg
Page
1
of3
Exposure
#:
003
Comments:
mobile
home
has
fallen
in
on
itself
Date:
3/4/2009
Time:
1:17
P.M.
Direction:
southeast
Photo
by:
S.
Williams
Exposure
#:
004
Comments:
demolition
debris
is
on
the
ground
to
the
south
of
the
mobile
home
—
-4
e..’
File
Names:
1810055092”03042009
-
[Exp.
#).jpg
Page
2
of
3
File
Names:
1810055092”03042009
-
[Exp.
#].jpg
Exposure
#:
005
Comments:
street
view
Date:
3/4/2009
Time:
1:21
P.M.
Direction:
northwest
Photo
by:
S.
Williams
Exposure
#:
006
Comments:
demolition
debris
on
the
ground
to
the
south
of
the
mobile
home
Page
3
of3
hand
delivery
To:
Thomas
and
Valerie
Hill
APR
152009
1955
Christian
Chapel
Road
Anna,
IL
62906
PtTd
and
the
original
and
nine
(9)
true
and
correctcopies
of
the
same
foregoing
instruments
on
the
same
date
by
Certified
Mail
with
postage
thereonfully
prepaid
To:
John
Therriault,
Clerk
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
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
