RECEIVED
CLERK’S OFFICE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
JUN
07
2004
1021
NORTH
GRAND
AVENUE EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 21~
1~~F
ILLINOIS
JAMES R.
THOMPSON
CENTER,
100 WEST
RANDOLPH,
SUITE 11-300,
CHICAGO,
IL 60601,
31
~I1i~l~
Control Board
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE CIPRIANO,
DIRECTOR
(217)782-9817
A
~
C)
TDD: (217) 782-9143
June 4, 2004
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v. Michael Lee Schenck
EPA File No. 274-04-AC;
1430050003—Peoria County
Dear Clerk Gunn:
Enclosed for filing with the Illinois Pollution Control
Board, please find the original and nine
true and correct copies ofthe Administrative Citation Package, consisting ofthe Administrative
Citation, the inspector’s Affidavit, and the inspector’s Illinois Environmental Protection Agency
~en
Dump Inspection Checklist, issued to the above-referenced respondent(s).
On this date, a copy ofthe Administrative Citation Package was sent
to the Respondent(s) via
Certified Mail.
As soon as I receive the return receipt, 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 ofentering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation.
Ifyou have any questions orconcerns, please do not hesitate to contact me at the number above.
Thank you for yourcooperation.
Sincerely,
J~bi~~,Aj1c~
p
Michelle M.
Ryan
Assistant Counsel
Enclosures
ROCKFORD
—
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
SPRINGFIELD —4500
5. Sixth
Street
Rd.,
Springfield,
IL 62706— (217) 786-6892
•
COLLINSVILLE
—2009 MalI
Street, Collinsville,
IL 62234 —(618) 346-5120
MARION
—
2309
W. Main
St.,
Suite 116, Marion,
IL
62959
—
(618) 993-7200
PRINTED
ON
RECYCLED
PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
JUN
07
2004
ADMINISTRATIVE CITATION
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
CY’i
)
v.
)
(EPA No. 274-04-AC)
)
MICHAEL LEE SCHENCK,
)
)
Respondent.
)
NOTICE OF FILING
To:
Michael Lee Schenck
Estate ofRoy G. Frietsch
1125 Sunset Drive
Ms. Carol A. Schenk, Executor
East Peoria, Illinois
61611
5800 S. Adams
Bartonville, Illinois
61607
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State ofIllinois the following instrument(s) entitled ADMINTSTRATIVE
CITATION, AFFIDAVIT,
and
OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
(217)782-5544
Dated:
June 4, 2004
THIS
FILING SUBMITFED ON RECYCLED PAPER
I~,ECEIVED
LERK S OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
JUN 0?
2OO~
ADMINISTRATIVE CITATION
STATE OF ILLINOiS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
Cl
)
(IEPA No. 274-04-AC)
v.
)
MICHAEL LEE SCHENCK,
)
Respondent.
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency bySection 31.1
of the
Illinois Environmental Protection Act ,415
ILCS 5/31.1(2002).
FACTS
1.
That Michael Lee Schenck is the permitted operator of a facility located offRoute 24,
Bartonville,
Peoria County,
Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental Protection Agency Permit No. I 973-037-DE/OP, and is designated with
Site Code
No.
1430050003.
The facility is commonly known to the Illinois Environmental Protection Agency
as Frietsch Landfill #2.
3.
That Respondent has
operated said facility at all times pertinent hereto.
4.
That on May 11, 2004, Ron Mehalic of the Illinois Environmental Protection Agency’s
Peoria
Regional
Office
inspected the above-referenced
facility.
A
copy of
his inspection
report
setting forth the re~u
Its of said inspection is attached
hereto and
made a part hereof.
I
VIOLATIONS
Based upon direct observations made byRon Mehalic during the course of his May 11
,
2004
inspection
of
the
above-referenced
facility,
the
Illinois
Environmental
Protection
Agency
has
determined
that Respondents violated the
Illinois Environmental
Protection
Act (hereinafter,
the
“Act”) as follows:
(1)
That Respondent conducted a sanitary landfill operation
in a mannerwhich resulted in
failure to submit reports required by permits or Board regulations,
a violation of Section
21
(o)(1 1) of the Act, 415
ILCS 5/21
(o)(1 1) (2002).
(2)
That Respondent conducted a sanitary landfill operation
in a mannerwhich resulted in
the failure
to
submit any cost estimate for the site or any performance bond or other
security
for
the
site
as
required
by this Act
or Board
rules,
a
violation
of
Section
21 (o)(1 3) of the Act, 415 ILCS 5/21 (o)(I3) (2002).
CIVIL PENALTY
Pursuant to Section 42(b)(4) of the Act, 415 ILCS 5/42(b)(4) (2002), Respondent is subject
to a civil penalty of Five Hundred Dollars ($500.00) for each of the violations identified above, for a
total of One Thousand Dollars ($1000.00).
IfRespondent elects not to petitionthe Illinois Pollution
Control Board, the statutory civil penaltyspecified above shall be due and payable no later than ~j~jy
15, 2004,
unless otherwise provided by order of the Illinois Pollution Control Board.
If Respondentelects to contestthis Administrative Citation by petitioningthe Illinois Pollution
Control Board
in accordance with Section 31.1 of the Act, 415 ILCS 5/31.1(2002), 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
2
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shall be assessed
in addition
to the statutory civil penalty.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondentfails
to petition orelects notto petition the Illinois Pollution Control Board forreviewofthisAdministrative
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
a
finding
of violation
as
alleged herein, and
shall impose the statutory civil penaltyspecified 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,
Respondent 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 penaltyand/or hearing costs shall be assessed
againstthe 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 Respondent in
Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest this
Administrative
Citation
pursuant
to
and
in
accordance with Section 31.1
of the Act, 415 ILCS 5/31/1
(2002).
IfRespondent elects to contest
this Administrative Citation, then
Respondent 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 thedate of service of this Administrative Citation or the Illinois Pollution
Control Board shall enter a default judgment against the Respondents.
Date
~IOL~
Renee Cipriano,
Director
Illinois Environmental Protection Agency
Prepared by:
Susan E.
Konzelmann,
Legal Assistant
Division of Legal Counsel
1021
North
Grand Avenue East
P~O.
Box 19276
Springfield, Illinois
62794-9276
(217)
782-5544
4
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
(IEPA No.
274-04-AC)
v.
MICHAEL
LEE SCHENCK,
)
Respondents.
)
FACILITY:
Frietsch
Landfill #2
SITE CODE
NO.:
1430050003
COUNTY:
Peoria
CIVIL PENALTY:
$1000.00
DATE OF INSPECTION:
May 11, 2004
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
Frietsch Landfill
#2
)
IEPA DOCKET NO.
RESPONDENT
Affiant, Ron Mehalic, 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 May 11,
2004,
between 8:45 a.m. and 9:20 a.m.,
Affiant conducted an inspection of the Frietsch Landfill #2 in
Peoria County,
Illinois, known as Frietsch Landfill #2,
Illinois
Environmental Protection Agency Site No.
1430050003, operating
under IEPA Permit #1973-037-DE/OP.
3.
Affiant inspected said Frietsch Landfill #2 site by an
on-site inspection, which included walking the site and
interviewing personnel.
4.
Before and/or after said inspection of said landfill
site,
Affiant reviewed Illinois Environmental Protection Agency
permits issued to the subject site and investigated into whether
or not required documents were timely filed on behalf of the
subject
site.
5.
As a result of the activities referred to in
Paragraphs
3 and
4 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 Frietsch Landfill #2 Part 807 Landfill Inspection Checklist..
R~Q~
~
Subscribed and Sworn to before
me this~~~
of?7~2
~~L/’
Barbara
E. Lindley
Notary
Public.
State
of
fflinois
My Commission t~xpires
8127A)5
~
Notary Public
County:
Peoria
LPC#:
1430050003
Location/Site
Name:
Bartonville/Frietsch
Landfill #2
Date:
05/11/2004
Time:
From
8:45 am
To
Inspector(s):
Ron
Mehalic
No. of Photos Taken:
#
14
Interviewed:
No on one site,
Paul
Connell by phone
Permitted Owner Mailing Address
Estate of Roy G.
Frietsch
.
Carol A.
Schenck,
Executor
5800 SW Adams St.
Bartonville,
Illinois 61607
.
Chief Operator Mailing Address
Same as permitted
operator
AUTHORIZATION:
OP Permit
I 973-037-DEJOP (2002-093-SP)
9:20 am
Previous Inspection
Date:
03/04/2003
Weather:
cloudy,
damp
&
humid
Samples Taken:
Yes #
No
~
Facility Phone No.:
674-1025
(atty:
Schroeder)
Permitted Operator Mailing Address
OPERATIONAL STATUS:
Operating
Closed
-
Not Certified
fl
Closed
-
Certified
~
Date:
04/04/1995
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Part 807 Landfill Inspection
Checklist
Region:
3
-
Peoria
Michael Lee Schenck
1125 Sunset Drive
East Peoria,
Illinois 61611
Certified Operator Mailing Address
Same as permitted operator
SECTION
DESCRIPTION
j
VIOL.
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW
AIR
POLLUTION IN
ILLINOIS
0
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
0
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
0
4.
12(d)
CREATE A WATER POLLUTION HAZARD,
0
5.
12(f)
CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR
IN
VIOLATiON OF AN
NPDES PERMIT
0
6.
21(a)
CAUSE
OR ALLOW OPEN
DUMPING
0
7.
21(d)
~ONDUCTANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE-
DISPOSAL OPERATION:
(1)
Without a
Permit or in Violation of Any Conditions of a
Permit (See Permit
(2)
In Violation of Any Regulations or Standards Adopted by the Board
(811 Solid
Waste-i)
Revised 06/18/2001
LPC#:
1430050003
Inspection Date: 05/11/2004
8.
21(e)
DISPOSE, TREAT,
STORE, OR ABANDON ANY WASTE, OR
TRANSPORT ANY WASTE INTO THE STATE AT/TO SITES
NOT
MEETING REQUIREMENTS OF ACT AND REGULATIONS
9.
21(f)
CONDUCT ANY HAZARDOUS WASTE-STORAGE,
HAZARDOUS WASTE-
TREATMENT OR HAZARDOUS WASTE-DISPOSAL OPERATION:
(1)
Without a
RCRA
Permit
0
10.
21(o)
CONDUCT A SANITARY LANDFILL OPERATION
WHICH
RESULTS IN
ANY OF THE
FOLLOWING CONDITIONS:
(1)
Refuse
in Standing or Flowing Water
0
(2)
Leachate_Flows_Entering_Waters_ofthe_State
0
(3)
Leachate_Flows_Exiting_the_Landfill_Confines
0
(4)
Open
Burning of Refuse in Violation of Section 9 of the Act
0
(5)
Uncovered Refuse
Remaining
From Any Previous Operating
Day or at the
Conclusion_of Any_Operating_Day
0
(6)
Failure to Provide Final Cover Within
Time Limits
0
(7)
Acceptance of Wastes Without Necessary Permits
0
(8)
Scavenging as Defined by Board
Regulations
0
(9)
Deposition
of Refuse in Any Unpermitted Portion of the Landfill
,
0
(10)
Acceptance of Special Waste Without a Required Manifest
0
(11)
Failure
to Submit Reports Required by Permits or Board Regulations
(12)
Failure to
Collect and Contain Litter by the End of each Operating Day
0
(13)
Failure to
Submit Any Cost Estimate,
Performance
Bond or Other Security
forthe Site
11.
21(t)
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL
SOLID WASTE LANDFILL (MSWLF) UNIT WITHOUTA PERMIT
MODIFICATION
0
12.
,
21.6(b)
ACCEPTANCE OF LIQUID USED OIL FOR FINAL
DISPOSAL
(EFFECTIVE JULY 1,
1996)
0
13.
22.01
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
REPORT
0
14.
22.17
LANDFILL POST-CLOSURE CARE
(a)
Failure to
Monitor Gas, Water,
Settling
0
(b)
Failure to Take Remedial Action
0
15.
22;22(c)
ACCEPTANCE OF LANDSCAPE WASTE FOR
FINAL DISPOSAL
0
Revised 06/18/2001
(811 Solid Waste-2)
LPC#: 1430050003
Inspection
Date: 05/11/2004
16.
22.23(f)(2)
CAUSE OR ALLOW THE DISPOSAL OF ANY LEAD-ACID BATTERY
0_—
17.
22.28(b)
ACCEPTANCE OF WHITE GOODS FOR FINAL DISPOSAL
,~
0
18.
55(b)(1)
ACCEPTANCE OF ANY USED
OR WASTE TIRE
FOR FINAL
DISPOSAL (UNLESS LANDFILL MEETS EXEMPTION OF 55(b)(1))
D
19.
56.1(a)
CAUSE OR ALLOW THE
DISPOSAL OF ANY POTENTIALLY
INFECTIOUS MEDICAL WASTE
0
SOLID WASTE SITE OPERATOR CERTIFICATION
LAW
REQUIREMENTS
20.
225 ILCS
230/1004
CAUSING OF ALLOWING OPERATION
OF A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
D
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
PRIOR CONDUCT CERTIFICATION REQUIREMENTS
21.
745.181
CHIEF OPERATOR REQUIREMENTS
22.
745.201
PRIOR CONDUCT CERTIFICATION
PROHIBITIONS
SOLID WASTE REQUIREMENTS
SUBPART C
SANITARY LANDFILLS
23.
807.302
COMPLIANCE WITH PERMIT (see Permit Provisions)
I
~
24.
807.303
METHODS OF OPERATION
(a)
Refuse Deposited
into the Toe of the
Fill or
into
the
Bottom of the Trench
0
(b)
Adequate
Spreading and Compacting
0
(C)
Proper Ratio of the Slope of the Working Face Maintained
0
25.
807.304
EQUIPMENT, PERSONNEL AND SUPERVISION
0
26.
807.305
COVER
(a)
Daily Cover
(b)
Intermediate Cover
(c)
Final Cover
27.
,
807.306
LITTER
28.
807.307
SALVAGING
(a)
Sanitary Manner
0
(b)
Remote from the Operating
Face
0
(C)
!nterfere or Delay the Operation of the Landfill
0
(d)
Removed
Daily or Separated so as not to Create a Nuisance, Vector
Harborage or Unsightly Appearance.
0
29.
807.308
SCAVENGING
0
30.
807.309
ANIMAL
FEEDING
0
Revised 06/18/2001
(811 Solid Waste-3)
LPC#:
1430050003
Inspection Date: 05/11/2004
31.
807.310
SPECIAL WASTES
(a)
Hot Waste
(b)
Hazardous and
Liquid
Waste
32.
807.311
OPEN BURNING
33.
807.312
AIR POLLUTION
34.
807.313
WATER POLLUTION
35.
807.314
STANDARD REQUIREMENTS
(a)
Shelter,
Sanitary Facilities and
Emergency Communications for
Employees
(b)
Roads to Allow Orderly Operations
(c)
Fencing,
Gates, or Other Measures to Control Access
(d)
Measures for Fire Protection
(e)
Measures to
Monitor and
Control Leachate
(f)
Measures to
Control Dust and Vectors
(g)
Approved Operational
Safety Program
(h)
Concealing
Sanitary Landfill Operations from Public View
36.
807.315
PROTECTION OF WATERS OF THE STATE
37.
38.
807.317
WATER MONITORING DATA SUBMITTED QUARTERLY
(a)
Monitor Gas, Water and
Settling at the Completed Site for Three Years
D
(b)
Remediate Any Gas, Water or Settling Problems which Appear During the
Three Year Period
0
(c)
File
Detailed Description of the Site Upon Completion or Closure
0
PART 807
SUBPARTE
CLOSURE AND POST-CLOSURE CARE
39.
807.502
CLOSURE PERFORMANCE STANDARD
0
40.
807.503
CLOSURE PLAN
(a)
Written_Closure_Plan_as_Condition_of_Site_Permit
(e)
Closure Plan Available During
lnspection
41.
807.505(a)
NOTICE OF CLOSURE WITHIN 30
DAYS OF RECEIPT OF FINAL
VOLUME OF WASTE
42.
807.506
INITIATION OF CLOSURE
807.318
COMPLETION OR CLOSURE REQUIREMENTS
Revised 06/18/2001
(811 Solid
Waste-4)
LPC#:
1430050003
Inspection
Date: 05/11/2004
43.
807.508
CERTIFICATION OF CLOSURE
0
44.
807.509
USE OF WASTE FOLLOWING CLOSURE
.~.
0
45.
807.523
POST-CLOSURE CARE PLAN
0_—
46.
807.524
IMPLEMENTATION
AND COMPLETION OF POST-CLOSURE CARE
PLAN
0
PART 807
SUBPART F
FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE
47.
807.601
REQUIREMENT TO OBTAIN FINANCIAL ASSURANCE
0
48.
807.603
UPGRADING
FINANCIAL ASSURANCE
0
49.
807.621
COST ESTIMATE FOR CLOSURE
0
50.
807.622
COST ESTIMATE FOR POST-CLOSURE CARE
0
51.
807.623
BIENNIAL REVISION OF COST ESTIMATES
SPECIAL WASTE HAULING_REQUIREMENTS
52.
809.301
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
0
53.
809.302(a)
REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM
HAULERS
0
54.
809.501
MANIFESTS, RECORDS, ACCESS TO RECORDS, REPORTING
REQUIREMENTS AND FORMS
(a)
Delivery
of Special Waste to Hauler
0
(e)
Retention of Special Waste Manifests
0
SOLID WASTE FEE
SYSTEM REQUIREMENTS
55.
Part 858
Subpart B
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS
AND QUARTERLY SOLID WASTE SUMMARIES
WHERE INCOMING WASTE IS WEIGHED (LIST SPECIFIC SECTION
NO. VIOLATIONS IN OTHER:)
0
56.
Part 858
Subpart C
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
WHERE INCOMING WASTE IS NOT WEIGHED (LIST SPECIFIC
SECTION
NO. VIOLATIONS IN OTHER:)
0
OTHER
REQUIREMENTS
57.
APPARENT VIOLATION
OF:
(0)
PCB;
(0)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
0
58.
OTHER:
Revised 06/18/2001
(811 Solid Waste-5)
Lpc#: 1430050003
Inspection Date: 05/11/2004
PERMIT PROVISIONS
PERMIT
NUMBER
DESCRIPTION OF
VIOLATION
(condition
# of permit, page # of permit, and/or page # of approved
application)
2002-093-SP
Special Condition #4 on page 2 of permit 2002-093-SP.
‘TS~~~Q4,\
~\ek&
Signature of Inspector(s)
Informational Notes
I.
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 (o) 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 06/18/2001
(811 Solid Waste-6)
1430050003--Peoria County
Frietsch Landfill #2
May 11,2004
Ron Mehalic
Page
1
NARRATIVE
On May 11, 2004 this author (Ron Mehalic) of the DLPC/FOS
-
Peoria Region conducted
a solid
waste
inspection
from
8:45
a.m.
to
9:20
a.m. at
Frietsch Landfill #2
near Bartonville,
Illinois.
No one was at the facility.
I also
interviewed by phone Paul Connell, Director ofEnvironmental
Engineering for Randolph & Associates, Inc.
The landfill
had operated
under Permit
1973-037
DE/OP and accepted construction/demolition
debris
during
the active period.
The
facility reportedly
ceased
accepting waste
on March
31,
1993, completed closure on September 29,
1994, and was certified closed on April 4,
1995.
The
fifteen-year post-closure care periodbegan
on September 29,
1994.
The
latest permit issued
to
the facility
is Supplemental Permit 2002-093-SP, which
approved
revised cost estimates
for
completion ofpost-closure
care.
The nextrevised cost estimate was due April
15,
2004.
I
arrived at
the facility
at
8:45
a.m.
The gate to
the
entrance
at the facility
was
locked (see
photograph 1).
Photographs 2,
3,
4,
6,
7,
8,
9,
10,
12,
13,
and
14
show the well-vegetated top
and
portionsofthe landfill side slopes (see site sketch). Photograph
5
shows leachate
monitoring
point
L102 (see
site
sketch).
Photograph
11
shows
leachate monitoring point LiOl
and
piezometerP
105. P105
is only used to measure
groundwater elevation.
All wells were
observed
to be in adequate shape.
I left the facility at 9:20 a.m.
A review of Frietsch Landfill #2
groundwater file at the Peoria Regional office revealed that the
facility
is
submitting
their
groundwater
data within
the
permitted
timeframes.
The
annual
assessment of the monitoring program with the monitoring results
is due to the Agency on July
15 ‘of this
year.
Also,
after review
of Sup~plementalPermit
2002-093-SP,
it
appears
that
the
facility was
required to
submit revised cost
estimates for post-closure care by April
15,
2004.
According to the Agency’s Permit Section, this document has not been submitted.
I
telephoned
Randolph
&
Associates,
Inc.
and
spoke
with
Paul
Connell,
Director
of
Environmental
Engineering
regarding
Frietsch
Landfill
#2’s
revised
post-closure
care
cost
estimates.
Mr. Connell informed me that Randolph & Associates still represent Frietsch Landfill
and he would
speak
to and
inform
Carol
Schenck, Executor for the Estate ofRoy G. Frietsch of
the required revised cost
estimate.
Mr. Connell
stated that he
would
submit the
supplemental
permit application as soon as possible.
The following apparent violations were observed and checked on the enclosed checklist:
1.
Pursuant
to
Section
21(d)(1) of the
llhinois
Environmental
Protection
Act
(415
ILCS
5/21(d)(l)),
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:
1430050003
--
Peoria County
Frietsch Landfill #2
May 11,2004
Ron Mehalic
Page 2
A violation of Section 21(d)(l) is
alleged for the following reason:
The Estate ofRoy~G.
Frietsch, Carol A.
Schenck, Executor (as owner and operator) conducted a waste disposal
operation in violation ofconditions imposed by permit 2002-093-SP.
Special
Condition 4, page 2,
states the operator shall file a revised cost estimate for post-
closure care at
least every
two
years
in
accordance with
35
Ill.
Adm.
Code,
Subtitle
G
Part 807,
Subpart F.
The next revised cost estimate is due on orbefore April
15,
2004.
To
date,
the revised
cost
estimate for post-closure care for Frietsch Landfill
2
has not
been received by the Agency.
2.
Pursuant
to
Section 21(d)(2) of the
Illinois
Environmental
Protection
Act (415
ILCS
5/21(d)(2)),
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 ofSection 21(d)(2) is alleged for the following reason:
The Estate ofRoy G.
Frietsch, Carol A. Schenck, Executor (as owner and operator) conducted a waste disposal
operation in violation of Sections 807.302 and .807.623 ofthe regulations.
3.
Pursuant
to
Section
2 1(e)
of the
fllinois
Environmental
Protection
Act
(415
ILCS
5/21(e)),
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
thereunder.
A violation
of Section
2 1(e)
is
alleged for the following reason:
The Estate of Roy G.
Frietsch, Carol A. Schenck, Executor (as owner and operator) conducted a waste
disposal
operation
in
violation
of Sections
(21(d)(1),
21(d)(2),
and
21(o)(1 1)
of the
Act,
and
Sections 807.302
and 807.623 ofthe regulations.
4.
Pursuant to
Section 21(o)(11) ofthe
fllinois
Environmental Protection Act (415
ILCS
5/21(o)(1
1)), no
person shall conduct a
sanitary landfill operation which
is
required
to
have a permit under subsection (d) ofthis Section in a manner which results in failure to
submit reports required by permits
orBoard regulations.
A violation of Section 21(o)(11)
is
alleged for the following reason:
The Estate of Roy
0.
Frietsch,
Carol
A.
Schenck,
Executor
(as
owner and
operator)
failed
to
submit by
April
15,
2004 revisedpost-closure care cost estimates as required by Special Condition 4
ofSupplemental Permit No. 2002-093-SP.
5.
Pursuant
to
Section
21 (o)(1 3) ofthe
Illinois
Environmental Protection Act (415
ILCS
5/21(o)(13)),
no
person
shall
conduct
a
sanitary landfill
operation
in
a
manner which
1430050003
--
Peoria County
Frietsch Landfill #2
May 11,2004
Ron Mehalic
Page 3
results in failure
to
submit any cost estimate, performance bond or other security for the
site.
A violation of Section 21(o)(l3)
is
alleged for the following reason:
The Estate ofRoy
G.
Frietsch,
Carol
A.
Schenck, Executor
(as
owner and
operator)
failed
to
submit by
April
15,
2004 revised post-closure care cost estimates as required by Special Condition 4
ofSupplemental Permit No. 2002-093-SP.
6.
Pursuant to
35 III. Adm. Code 807.302, all provisions and conditions of each permit shall
be complied with.
A violation of35
111. Adm.
Code 807.302 is alleged for the following reason:
The Estate
of Roy 0.
Frietsch, Carol A. Schenck, Executor (as owner and operator) failed to comply
with Special Condition 4 imposed by Supplemental Permit No. 2002-093-SP.
7.
Pursuant to 35
Ill. Adm. Code 807.623, Biennial revision ofcost estimates.
A violation of 35 Ill.
Adm.
Code 807.623
is alleged for the
followingreason: The Estate
ofRoy G. Frietsch, Carol A. Schenck, Executor (as owner and operator) failed
to submit
a revised biennial cost estimate for post-closure care on or before the April
15,
2004 due
date.
SITE SKETCH
STATE
OP
ILLINOIS
ENVIRONNENTAL
PROTECTION
AGENCY
Date
of
Inspection:
(kO~(
I
L
~
I
43005-000
~-sc\.~,
L.i~U
Site
Code:
Site
Name:
Inspector:
~~i)
NLo~c
County:
3
Time:
~
q~2~)C)A
1430050003
--
Peoria
County
Frietsch Landfill #2
FOS File
DATE:
May11, 2004
TIME:
8:52
a.m.
PHOTOGRAPHED
BY:
Ron Mehalic
DIRECTION:
Photograph
taken
toward the east.
PHOTOGRAPH NUMBER:
I
PHOTOGRAPH FILE
NAME:
1430050003~O5
112004-001 .jpg
COMMENTS:
DATE:
May11, 2004
TIME:
8:53
a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph
taken
toward the east.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE NAME:
1430050003-~05
1 12004-002.jpg
COMMENTS:
DOCUMENT FILE
NAME:
1430050003-051 12004.doc
Site Photographs
Page
1 of 7
1430050003
--
Peoria County
Site Photographs
Frietsch Landfill
#2
Page 2 of7
FOS File
DATE:
May 11,2004
TIME:
8:53 a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE
NAME:
1430050003-05112004-003.jpg
COMMENTS:
DATE:
May 11, 2004
TIME:
8:56a.m.
PHOTOGRAPHED BY:
RonMehalic
DIRECTION:
Photograph
taken
toward the
north.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH
FILE NAME:.
1430050003-051
12004-004.jpg
COMMENTS
DOCUMENT FILE
NAME:
1430050003-051 12004.doc
1430050003
--
Peoria County
Site Photographs
Frietsch Landfill #2
Page
3
of
7
FOS
File
DATE:
May 11,2004
TIME:
8:58 a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph
taken
toward the northwest.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
1430050003-051 12004-005.jpg
COMMENTS:
Leachate
well
L102.
DATE:
May 11, 2004
TIME:
8:58
a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph
taken
toward the south.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH
FILE NAME:
1430050003-051 12004-006.jpg
COMMENTS:
DOCUMENT FILE
NAME:
1430050003-05112004.doc
1430050003
--
Peoria County
Frietsch Landfill #2
FOS File
DATE:
May
11,
2004
TIME:
9:00 a.m.
PHOTOGRAPHED
BY:
Ron Mehalic
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
1430050003-051 12004-007.jpg
COMMENTS:
DATE:
May
11, 2004
TIME:
9:00
a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph
taken
toward the south.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
1430050003-051 l2004-00&jpg
COMMENTS:
Site Photographs
Page 4 of
7
DOCUMENT FILE
NAME:
1430050003-051 12004.doc
1430050003
--
Peoria County
Site Photographs
Frietsch Landfill #2
Page 5 of
7
FOS File
DATE:
May
11,
2004
TIME:
9:04 a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph
taken
toward the
northwest.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE NAME:
1430050003-051 12004-009.jpg
COMMENTS:
DATE:
May11, 2004
TIME:
9:04 a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph
taken
toward
the south.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH
FILE NAME:
1430050003-051
12004-O.10JPg:.
COMMENTS:
DOCUMENT FILE
NAME:
1430050003—05112004.doc
1430050003
--
Peoria County
Site Photographs
Frietsch Landfill #2
Page
6 of7
FOS File
DATE:
May
11, 2004
TIME:
9:05
a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
1430050003—05112004-01 1.jpg
COMMENTS:
Leachate
well
LiOl and piezometer P105.
DATE:
May 11, 2004
TIME:
9:05
a.m.
PHOTOGRAPHED
BY:
RonMehalic
DIRECTION:
Photograph
taken
toward
the west.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH
FILE NAME:
1430050003-05 1l2004-Ol2jpg..
COMMENTS
DOCUMENT
FILE
NAME:
1430050003-05112004 .doc
1430050003
--
Peoria County
Site Photographs
Frietsch Landfill
#2
Page
7
of 7
FOS File
DATE:
May11, 2004
TIME:
9:06
a.m.
PHOTOGRAPHED BY:
Ron Mehalic
DIRECTION:
Photograph
taken
toward the south.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILE
NAME:
1430050003-05112004-01 3.jpg
COMMENTS:
DATE:
May11, 2004
TIME:
9:10a.m.
PHOTOGRAPHED
BY:
Ron
Mehalic
DIRECTION:
Photograph
taken
towardthe north.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH
FILE NAME:
1430050003-051 12004-014.jpg
COMMENTS
DOCUMENT
FILE
NAME:
1430050003--OS112004.doc
PROOF OF SERVICE
I hereby certif~’
that I did on the 4th day ofJune 2004, send by Certified Mail, Return Receipt
Requested,with postage thereon fullyprep aid, by depositing in a United States Post OfficeBox a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT,
and OPEN
DUMP
INSPECTION CHECKLIST
To:
Michael Lee Schenck
1125 Sunset Drive
East Peoria, Illinois
61611
and
the original and nine (9)
true
and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fullyprepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
Special Assistant Attorney General
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
