ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD,
ILLINOIS 62794-9276 —(217)
JAMES R. THOMPSON
CENTER, 100
WEST RANDOLPH, SUITE 11-300,
CHICAGO, IL
60601 - (312)
814-6RKS
OFjr0
ROD R. BLAGOJEVICH,
GOVERNOR
DOUGLAS
P. Scorr, DIRECTOR
,
S7q
ILLINOI
(217)782-9817
OlBoard
TDD:
(217) 782-9143
October21 2008
John Therriault,
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. Bradley
&
Carol
Corzine
IEPA
File
No. 301-08-AC:
1818555005—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
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
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.
Michel e M. Ryan
Assistant Counsel
Enclosures
ROCKFORD
—4302
North Main
Street, Rockford,
IL 61103 — (815)
987-7760
Dts
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
COLLINSVILLE
—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
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLR(S
ADMINISTRATIVE
CITATION
STpt
POllution
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
A
Complainant,
)
AC
0
1
)
v.
)
(JEPANo.
301-08-AC)
)
BRADLEY
& CAROL
CORZINE,
)
)
Respondents.
)
NOTICE
OF
FILING
To:
Bradley
&
Carol
Corzine
4735
St.
Johns
Road
-
Dongola,
IL 62926
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.
Respectfully
submitted,
Michelle
. Ryan
Assistant
Counsel
Illinois
Environmental Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217)
782-5544
Dated:
October
21, 2008
THIS
FILING SUBMITfED
ON
RECYCLED
PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
OfT
2
U8
ADMINISTRATIVE
CITATION
PoIftj
STATE
OF
Corfr1S
‘L
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
q
)—
V.
)
(IEPA
No.
301-08-AC)
)
BRADLEY
&
CAROL
CORZINE,
)
)
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
Bradley
& Carol
Corzine
are
the
current
owners
(“Respondents”)
of a
facility
located
at
the
following
legal
description:
SEC
23,
T13,
R1W,
SW,
SW, SE,
E
Y2 of
the
NW.
This
property
consists
of
210.53
acres
and is located
in
Union
County,
Illinois.
The
property
is commonly
known
to the
Illinois
Environmental
Protection
Agency
as
Dongola/Corzine.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is
designated
with Site
Code
No.
1818555005.
3.
That Respondents
have
owned
and
operated
said
facility
at all times
pertinent
hereto.
4.
That
on September
18,
2008,
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
Jo
—
, Illinois
EPA
sent this
Administrative
Citation
via
Certified
Mail
No.
7aoq
?‘O
o€t
7/g7
VIOLATIONS
Based
upon direct
observations
made
by
Sheila
Williams
during
the
course
of
her
September
18,
2008 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
5/21
(p)(1)
(2006).
(2)
That
Respondents
caused
or
allowed
the
open
dumping
of waste
in a
manner
resulting
in
Deposition
of
General
Construction
or
Demolition
Debris:
or
Clean
Construction
or
Demolition
Debris
a violation
of Section
2l(p)(7)
of the
Act,
415
ILCS
5/21
(p)(7)
(2006).
CIVIL
PENALTY
Pursuant
to Section
42(b)(4-5)
of the
Act,
415 ILCS
5/42(b)(4-5)
(2006),
Respondents
are
subject
to a
civil penalty
of
One
Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
of the
violations
identified
above,
for
a
total of
Three
Thousand
Dollars
($3,000.00).
If
Respondents
elects
not
to petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be
due
and
payable
no
laterthan
November30,
2008,
unless
otherwise
provided
byorderof
the
Illinois
Pollution
Control
Board.
2
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
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.
£LgL
-
,
Date:
b0I2b0
Dougla
. Scott,
Director
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
lED
REMITTANCE FORM
OCI
2
2008
pj0F
lLLJ(Jo,s
ILLINOIS
ENVIRONMENTAL
)
Controi
8
°ard
PROTECTION
AGENCY,
)
Complainant,
)
AC
b ?
V.
)
(IEPA
No.
301-08-AC)
BRADLEY
&
CAROL
CORZINE,
Respondents.
FACILITY:
Dongola/Corzine
SITE CODE NO.:
1818555005
COUNTY:
Union
CIVIL
PENALTY:
$3,000.00
DATE
OF INSPECTION:
September
18, 2008
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
ECEVED
CLERKS
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARI6CT
24
STATE
OF
ILLINOIS
POUutio
Control
Board
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 September
18,
2008,
between 2:35
p.m. and
2:52
p.m.,
Affiant
conducted
an
inspection
of
a
disposal
site
operated
by
Dongola/Corzine,
located
in Union
County,
Illinois,
and
known
as Dongola/Corzine
by
the Illinois
Environmental
Protection
Agency.
Said
site has
been
assigned site
code
number
1818555005
by the
Agency.
3.
Affiant
inspected
said
DongolalCorzine
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 Dongola/Corzine.
‘V
rCIArAL”
RONALD
E.
MORSE
Notary
Public,
State
of llt
ymissionExres:2/2
Subscribed
and Sworn to before
me
this
IL
day of_________
F
Notary
Public
GES : SRW:jkb/3
7901/09-29-08
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open
Dump Inspection
Checklist
County:
Union
LPC#:
1818555005
Location/Site
Name:
Dongola/Corzine
Date:
9/18/2008
Inspector(s):
S. Williams
No.
of Photos
Taken:
#
10
Est. Amt.
of Waste:
81
Interviewed:
Latitude:
37.368148
(Example:
Lat.: 41 .26493
Bradley
& Carol Corzine
4735
St.
Johns Rd.
Dongola, IL
62926
Region:
7 - Marion
Time:
From
2:35
P.M. To
2:52 P.M. Previous
Inspection
Date:
Weather:
sunny, —85
F.
yds
3 Samples
Taken: Yes #
Complaint
#: 07-058
Longitude: -89.188077
Collection
Point Description:
Dump Location
Long.:
-89.38294)
Collection Method:
Other
06/13/2008
Responsible
Party
Mailing
Address(es)
and
Phone
Number(s):
HEcEvED
CLERK’S
OFFiCE
OCT
2
2008
TATEnpipir,
rQuutIOn
‘“ :
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW
AIR
POLLUTION
IN ILLINOIS
El
2.
9(c)
CAUSE OR
ALLOW
OPEN
BURNING
El
3.
12(a)
CAUSE,
THREATEN
OR ALLOW WATER
POLLUTION
IN ILLINOIS
El
4.
12(d)
CREATE
A WATER POLLUTION
HAZARD
El
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
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
El
(3)
Open
Burning
El
(4)
Deposition
of Waste
in Standing or Flowing
Waters
LI
(5)
Proliferation
of Disease
Vectors
El
•
(6)
Standing or Flowing
Liquid Discharge
from the Dump Site
El
Revised 6/21/2007
(Open Dump - 1)
LPC#
1818555005
Inspection
Date:
06/13/2008
Informational Notes
[Illinois]
Environmental
Protection
Act:
415 ILCS 5/4.
Illinois
Pollution
Control Board:
35 III. Adm.
Code,
Subtitle
G.
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 [Hlinois]
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: (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
El
(2)
Cause
or Allow Open Burning
of Any Used
or Waste
Tire
El —
35 ILLINOIS ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
—
10.
81 2.101
(a)
OPERATE
FAILURE
TO
A LANDFILL
SUBMIT
AN APPLICATION FOR
A PERMIT
TO DEVELOP
AND
LI
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
(LI)
ENTERED
CIRCUIT
COURT
ON:
El
15.
OTHER:
LI
El
El
LI
El
El
1.
2.
3.
Revised 6/21/2007
(Open Dump - 2)
NARRATIVE
INSPECTION REPORT
Date: September
18, 2008
Inspector:
Sheila
Williams
Site
Code:
1818555005
County:
Union
Site
Name:
Dongola/Corzine
Time:
2:35
P.M.
—2:52 P.M.
GENERAL
REMARKS
On
September
18,
2008
a
follow
up
inspection
was conducted
at
the Dongola/Corzine
site.
The
original
inspection
was
conducted
on June
13, 2008
at
which
time apparent
violations
pertained
to
open dumping
&
open burning.
It
was apparent
during
the
follow
up inspection
miscellaneous
debris
had been
removed
from Area
B. Primarily
farm
equipment
remained.
However,
apparent
violations
were still
present in
Area
A.
No
one else
was present
during
the
inspection.
It did
not
appear
additional
open burning
or open
dumping
had been
done
in
Area A.
However,
the previously
noted
debris
remained.
Among
the refuse
in Area
A were
fluorescent
light
bulbs, demolition
debris,
a
variety
of metal,
electronics,
ash,
plastics
&
general
refuse.
Area A
was estimated
to
be approximately
81
cubic
yards (35’x25’x2.5’)
in size.
One
other
area
was
noted.
Because
of tracks
in the dirt
it was
apparent
the ground
abutting
the burn
area to
the east
had been
worked with
heavy
equipment.
During
the
previous
inspection
this
area was
gently
rolling land
with naturally
growing
grass
like
the surrounding
area. Two
pieces
of metal
that looked
like used
anchor
bolts
were
protruding
from
the freshly
worked
dirt.
In spite
of pulling
on the
metal,
neither
of the
two
pieces
would
come out
of the
ground.
1
Dongola/Corzi ne
#1818555005 — Union County
Not to Scale
Locations
are Approximate
9/18/2008
IN
to
St.
Johns Rd.
dirt
road
2
/
Area A
fresh
worked dirt
File
Names:
1818555005”09182008
-
[Exp.
#].jpg
Exposure
#:
001
Comments:farm
equipment
Date:
9/18/2008
Time:
2:40
P.M.
Direction:
southwest
Photo
by:
S.
Williams
Exposure
#:
002
Comments:
freshly
worked
dirt
adjacent
to
open
burn
pile
Page
1
of5
File
Names:
1818555005”09182008
-
[Exp.
#].jpg
Exposure
#:
003
Comments:
partially
buried
debris
Date:
9/18/2008
Time:
2:41
P.M.
Direction:
northwest
Photo
by:
S.
Williams
Exposure
#:
004
Comments:
partially
buried
metal
Page
2
of
5
Exposure
#:
005
Comments:
partially
buried
metal
Date:
9/18/2008
Time:
2:43
P.M.
Direction:
west
Photo
by:
S.
Williams
Exposure
#:
006
Comments:
freshly
worked
dirt
next
to
open
burn
pile
-w
—
4_
-
.—
f,.•_
—
-
—
—
..
.•..
.
,.-
e.
-.
___________
File
Names:
1818555005”09182008
-
[Exp.
#].jpg
Page
3
of5
Exposure
#:
007
Comments:
metal,
ash,
electronics
&
general
refuse
Date:
9/18/2008
Time:
2:44
P.M.
Direction:
northwest
Photo
by:
S.
Williams
Exposure
#:
008
Comments:
foam
pad,
glass,
metal,
ash
&
melted
fluorescent
light
bulbs
File
Names:
1818555005”09182008
-
[Exp.
#].jpg
Page
4
of
5
Exposure
#:
009
Comments:
charred
paper,
metal,glass,
baseball,
fluorescent
light
bulbs,
rope,
dimensional
lumber
&
plastics
Date:
9/18/2008
Time:
2:51
P.M.
Direction:
south
Photo
by:
S.
Williams
Exposure
#:
010
Comments:
paper,
demolition
wood,
tire
wires
&
other
metal
File
Names:
1818555005”09182008
-
[Exp.
#].jpg
Page
5
of
5
AFFIDAVIT,
and
OPEN
DUMP
INSPECTION
CHECKLIST
To:
Bradley
&
Carol
Corzine
4735
St.
Johns
Road
Dongola,
IL
62926
and
the
original
and
nine
(9)
true
and
correct
copies
of
the
same
foregoing
instruments
on
the
same
date
by
Certified
Mail,
Return
Receipt
Requested,
with
postage
thereon
fully
prepaid
To:
John
Therriault,
Clerk
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
uj\
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
