RECEIVE
a
LERK’S OFFICE
APR 062004
STATE
OF IWNOIS
Pollution
Control Board
INFORMATIONAL NOTICE!!!
IT
IS. IMPORTANT. THAT. YOU. READ. THE ENCLOSED. DOCUMENTS.
NOTE:
This
Administrative Citation
refers to TWO separate
State
of Illinois Agencies.
One is the
ILLINOIS POLLUTION.
CONTROL
BOARD located at State of Illinois Center,
100 West Randolph
Street, Suite 11-00,
Chicago,
Illinois
60601.
The other state agency is the
ILLINOIS.
ENVIRONMENTAL
PROTECTION AGENCY located at:
1021
North Grand Avenue East, P.O.
Box 19276,
Springfield,
Illinois
61794-9276.
If you
elect to contest the enclosed Administrative
citation, you
must
file a
PETITION. FOR REVIEW with thirty-five.
(35). days of the date
the Administrative Citation was served upon you.
Any such Petition
for Review must be filed with the clerk of the Illinois
Pollution Control
Board by either hand
delivering or mailingto the Board at the address
given above.
A copy of the Petition for Review should be either
hand-delivered or mailed to the
Illinois
Environmental Protection
Agency at the address given above and should be marked to the
ATTENTION:.
DIVISION. OF LEGAL COUNSEL.
.
.
H
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 062004
ADMINISTRATIVE CITATION
STATE
OF
ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPAN0.
136-04-AC)
)
ONYX ENVIRONMENTAL SERVICES,
)
)
Respondent.
)
NOTICE OF FILING
To:
Onyx Environmental Services
W124 N9451 Boundary Road
Menomonee Falls, Wisconsin
53051
PLEASE
TAKE
NOTICE that on this date I mailed for
filing
with the Clerk ofthe Pollution
b
Control Board ofthe State ofIllinois the following instrument(s) entitled ADMINISTRATIVE
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:
March
31,
2004
THIS
FILING
SUBMITI’ED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
APR 06
2OO~
STATE OF ILLINOIS
ADMINISTRATIVE CITATION
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
o’’i
v.
)
(IEPA No. 136-04-AC)
ONYX ENVIRONMENTAL SERVICES,
)
Respondent.
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
(2002).
FACTS
1.
That Onyx Environmental Services (“Respondent”)is the present owner and operator
of
a
Waste
Hauling
Company
located
at
W124
N9451
Boundary
Road,
Menomonee
Falls,
Wisconsin.
2.
That said companywas in responsible chargeof atractor-trailer truck with Wisconsin
license number4l2337, being driven on Interstate 55 South between mile markers 201 and 212, on
March
11,2004.
3.
That Respondent has owned said vehicle at all times pertinent hereto.
4.
That on
March
11,
2004, Todd
Marvel, Assistant Manager of the
Field Operations
Section
of the
Division
of Land
Pollution
Control,
Bureau
of Land,
for the Illinois
Environmental
Protection Agency witnessed litter being
blown outof the vehicle. A copy of his observation report
and affidavit are attached
hereto and made a part hereof.
VIOLATIONS
Based
upon
direct
observations
made
by Todd
Marvel
on
March
11,
2004,
the
Illinois
Environmental
Protection
Agency
has
determined
that
Respondent
has
violated
the
Illinois
Environmental Protection Act (hereinafter, the
“Act”) as follows:
(1)
That
Respondent
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
5/21(p)(1)
(2002).
CIVIL
PENALTY
Pursuant
to
Section
42(b)(4-5) of the Act,
415
ILCS 5/42(b)(4-5)
(2002),
Respondent is
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
One Thousand
Five
Hundred
Dollars
($1 ~500.00).If
Respondent elects
not to
petition
the Illinois
Pollution
Control
Board,
the
statutory civil
penalty
specified above shall be due and payable no later than May 17,2004, unlessotherwise provided by
order of the Illinois Pollution
Control
Board.
If Respondent elects to contestthis Administrative Citation by petitioning the 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 adjudicatoryhe.aririg,
Respondent 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) (2002), if Respondentfails
to petition orelects not to petition the Illinois Pollution Control Board for reviewof thisAdministrative
2
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,
Respondent shall complete and
return
the enclosed
Remittance Form to ensure properdocumentation of payment.
Ifany civil penalty and/or hearing costs are not paid within thefrirnep.rescribed b~y.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 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).
If Respondent 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 ofthe 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 Respondent.
t~L~
~
Date:
~1~QLJ
Renee Cipriano,
Director
A~
~
Illinois Environmental Protection Agency
Prepared
by:
Susan
E.
Konzelmann, Legal Assistant
Division of Legal
Counsel
Illinois Environmental
Protection Agency
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
)
v.
)
(IEPA
No.
136-04-AC)
)
ONYX ENVIRONMENTAL SERVICES,
)
)
Respondent.
)
FACILITY:
Interstate 55 between
Mile Markers 201
&
212
SITE CODE
NO.: 1050000000
(Onyx Environmental
Services)
(9551330002)
COUNTY:
Livingston
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
March 11, 2004
DATE REMITTED:
55/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
)
)
)
)
)
TEPA DOCKET NO.
)
)
)
RESPONDENT
)
Affiant, Todd J. Marvel, being first duly sworn, voluntarily deposes and
states as follows:~
1.
Affiant is the Assistant Manager ofthe Field Operations Section
ofthe Division of
Land Pollution Control, Bureau ofLand, forthe Illinois Environmental Protection
Agency and has been so employed at all times pertinent hereto.
2.
On March
11, 2004 at approximately at 2:40 p.m., Affiant witnessed litter being
blown out ofa vehicle with Wisconsin license number 412337.
The company name
on the side ofthe vehicle was Onyx Environmental Services (Menomonee Falls, WI).
3.
As a result ofthe activities referred to in Paragraph 2 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 ofthe Affiant’s
observations and factual conclusions with respect to said incident.
Subscribed and Sworn to before
Me this
I
7.~day
o
Notary4ublic
LsE~r~
MARILYN G000ALL
NOTARY PUBLIC,
STATE OF ILUNOIS
My Commission ExpIres June 28, 2004
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection
Checklist
*
C~urity:
Livingston
LPC#:
1050000000
Region:
4
-
Champaign
Location/Site Name:
Southbound Interstate~55Between Mile Markers 212 and
201
Date:
03/11/2004
Time:
From
2:30 p.m.
To
2:45
p.m.
Previous Inspection Date:
Inspector(s):
Todd
Marvel
,
Weather:
Cloudy, 20
F,
Extremely Windy (50
mph gusts)
No. of Photos Taken:
#
0
Est. Amt. of Waste:
yds3
Samples Taken:
Yes #
No
~
Interviewed:
None
Complaint #:
N/A
Onxy Environmental Services
Responsible
Party
Menomonee Falls, WI
Mailing Address(es)
and Phone
Number(s):
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN ILLINOIS
E
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOWWATER POLLUTION
IN ILLINOIS
E
4.
12(d)
CREATE AWATER POLLUTION HAZARD
fl
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
Z
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
E
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 DUMPINGOF ANY WASTE IN A MANNER WHICH RESULTS
IN
ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
(1)
Litter
Z
(2)
Scavenging
(3)
Open Burning
E
(4)
Deposition of Waste
in Standing or Flowing Waters
E
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing
Liquid Discharge from the Dump
Site
Q
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1050000000
(7)
Deposition of General Construction or Demolition Debris;
or Clean Construction or
Demolition
Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause orAllow Open Dumping
of Any Used orWaste Tire
El
(2)
Cause orAllow Open Burning of AnyUsed or Waste Tire
El
10.
81 2.101 (a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
El
12.
808.121
SPECIAL WASTE DETERMINATION
El
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.
El
i~:~Q~FHER~
E~EQUIREMENJS
~
~
APPARENT VIOLATION OF:
(El)
PCB;
(Lii)
CIRCUIT COURT
El
14.
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
,
El
‘.
El
El
El
El
El
-
~L~U
(J’R~0-e(J
Sig
tiJre 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
(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.
bnspection Date:
03/11/2004
35 ILLINOI~
AD~M1NlS~RI~TIVE
4ODE~REQUI~EMEFJ~T~
Z
SUBTITLEG
Revised 06/18/2001
(Open Dump -2)
1050000000
—
Livingston
County
March
17, 2004
Interstate
55
Mile Markers (212 —201)
FOS File
On March
11, 2004 at approximately 2:40 p.m., I was returning from Chicago to Springfield.
I was
traveling south on
1-55
and
observed
an Onxy Environmental Services (Menomonee Falls, WI)
tractor-
trailer traveling south on
1-55.
The trailer contained a roll-offbox that was improperly covered withan
orange-red solid tarp that
was loosely secured by flexible black strapping.
The USDOT number on the
tractor was 609181
and
the WI
DNR
number was 3800.
The trailer.had Wisconsin plates (412337).
The conditions at the time were extremely windy withChicago radio reporting wind gusts ofup to 50 mph
that afternoon.
The tarp was not secured properly and was flapping wildly in the rear of the roll-offbox.
I
observed several pieces of litterexit
the
container while intransit.
The litter consisted mainly of clear
plastic sheeting and other miscellaneous small pieces oflitter.
I observed this plastic sheeting flapping
wildly in the wind at the rear of the roll-off-box during the
entire approximately eleven miles that I
followed the truck.
I followed the truck to Pontiac exit 201
(Livingston Landfill) to refuel.
The tractor-trailer continued south
on
1-55
so it was apparently not headed to the Livingston Landfill.
Apparent Violations:
2 1(a) of the Act:
Causing or allowing open dumping
2 l(p)(l) ofthe Act:
Cause or allow the
open dumping of any waste in a mannerthat results
in litter.
PROOF OF SERVICE
•
I herebycertify that Idid on the 31st day of
March
2004, sendby Certified Mail,ReturnReceipt
Requested, with postagethereon fullyprepaid, 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:
Onyx Environmental Services
W124N9451 BoundaryRoad
Menomonee Falls, Wisconsin
53051
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by CertifiedMail, Return Receipt Requested, with postage thereon fully prepaid
To:
DorothyGunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
•
.
¼_lclichelle
M. Ryan
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