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
DOUGLAS P. Scon,
DIRECTOR
0E0
(217)
782-9817
TDD:
(217)
782-9143
1
Pollut-
STATE
OF
Control
ILLINO,
Bo$
March 10, 2009
ct-
9
John Therriault, Clerk
0
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v.
Donald Sapp
IEPA File No.18-09-AC: 1498005003—Pike
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.
Michelle M. Ryan
Assistant Counsel
Enclosures
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
PtoRii — 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
MaIl 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
ADMINISTRATiVE
CITATION
OFF1cE
ILLiNOIS
ENVIRONMENTAL
)
STATE
OFILUNOIS
PROTECTION
AGENCY,
)
POIItn
Contro’
Board
Complainant,
)
AC
)
v.
)
(IEPANo.
18-09-AC)
)
DONALD
SAPP,
)
)
Respondent
)
NOTICE
OF
FILING
To:
Donald
Sapp
29321 Dutch
Creek Road
Rockport,
]L
62370-3046
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,
Miche le
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:
March 10, 2009
THIS FILING
SUBMJTED
ON
RECYCLED PAPER
CLV0
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
12
OQ9
ADMINISTRATIVE
CITATION
STATEO
POllLffi0fl
CorJ01S
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPAN0.
18-09-AC)
)
DONALD
SAPP,
)
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 (2006).
FACTS
1.
That Donald Sapp is the
current owner and operator
(“Respondent”) of
a facility
located at
29321 Dutch Creek Road, Rockport, Pike
County, Illinois. The property
is commonly
known to the
Illinois
Environmental
Protection Agency
as RockportfSapp.
2.
That said facility
is an open dump operating
without an Illinois
Environmental
Protection
Agency
Operating Permit and is designated with
Site Code No. 1498005003.
3.
That Respondent has owned
and
operated said facility at
all
times
pertinent
hereto.
4.
That on January 22, 2009,
Paul Eisenbrandt of the
Illinois Environmental
Protection
Agency’s (“Illinois EPA”) Springfield Regional Office inspected
the above-described
facility.
A copy
of
his inspection report setting forth the
results of said inspection
is attached hereto and
made
a part
hereof.
1
5.
That on
Illinois
EPA sent this
Administrative Citation
via
Certified
Mail No.
7O2)7
3oO
Ooa
3c2i’-(
3/ %
7cTh7
333-
VIOLATIONS
Based
upon
direct
observations
made
by Paul Eisenbrandt
during the
course
of his
January
22, 2009
inspection
of the above-named
facility, 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
512
1(p)(1)
(2006).
CIVIL PENALTY
Pursuant
to Section
42(b)(4-5) of the
Act, 415 ILCS
5/42(b)(4-5)
(2006),
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 April
1, 2009,
unless
otherwise
provided
by
order of the
Illinois Pollution Contiol
Board.
If Respondent
elects
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,
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
2
violation.
Pursuant
to Section
31.1 (d)(1) of the
Act,
415 ILCS
5/31.1 (d)(1) (2006),
if Respondent
fails
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, Respondent
shall complete
and
return
the
enclosed
Remittance
Form
to
ensure proper documentation
of
payment.
Ifanycivil
penaltyand/orhearing
costs are
not
paid within
thetime prescribed
byorderof
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
(2006).
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
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 Respondent.
D
1
—-L
1
Date:
Douglas.
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
REMITTANCE
FORM
STATE
OFILLOI
5
Polluton
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
9
1
V.
))
(IEPA
No.18-09-AC)
DONALD
SAPP,
)
)
Respondent.
FACILITY:
Rockport/Sapp
SITE
CODE
NO.:
1498005003
COUNTY:
Pike
CIVIL
PENALTY:
$1,500.00
DATE OF INSPECTION:
January
22,
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
RE
LERI(
C
E
.S
OFFICE
1
1E
D
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
STATE
OF
LuNOIS
AFFIDAVIT
PUtn
Contro’
Board
IN
THE
MATTER OF:
)
)
Illinois Environmental
)
Protection
Agency
)
)
vs.
)
JEPA DOCKET
NO.
)
Donald
Sapp
)
)
Respondent.
)
Affiant,
Paul Eisenbrandt,
being
first
duly sworn, voluntarily
deposes
and states as
follows:
1. Affiant
is a field
inspector employed
by
the Division
of Land Pollution
Control/Field
Operations
Section of the
Illinois Environmental
Protection
Agency
and has
been
so
employed at all
times
pertinent
hereto.
2. On
January 22, 2009
between
12:15
PM and 12:40 PM,
Affiant conducted
an
inspection
of
a
disposal site
operated
without
an Illinois
Environmental Protection
Agency
permit,
located in Pike
County,
Illinois,
and known as
Rockport/Sapp
by the
Illinois
Environmental
Protection
Agency. Said
site has been
assigned
site code
number
LPC#
1498005003
by
the Illinois
Environmental
Protection Agency.
3.
Affiant inspected
said Rockport/Sapp
open dump
site
by
an on-site
inspection,
which
included
walking
and photographing
the site.
4. As a
result of the activities
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
Rockport/Sapp
open dump.
Subscribed
and Sworn To
before me
This
&day
of
Notary
Public
OFFCAL SEAL
CHARLENE
K. POWELL
NOTARY PUBLIC
- STATE
OF
ILLINOIS
MYCOMMSSION
EXPIRES
MARCH
15,2012
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
Open Dump Inspection Checklist
County:
Pike
LPC#:
1498005003
Region:
5
- Springfield
Location/Site
Name:
Rockport/Sapp
Date:
01.22.2009
Time:
From
12:15 pm
To 12:40 pm
Previous Inspection Date: 08.07.2006
Inspector(s):
Paul Eisenbrandt
Weather: 45°F and
Sunny
No. of Photos
Taken:
# 36
Est. Amt. of Waste:
60
yds
3 Samples
Taken:
Yes #
No X
Interviewed:
No
One
Complaint #:
C-05-06-C
Responsible
Party
Donald
Sapp
2
Mailing
Address(es)
29321 Dutch Creek Road
and Phone
Rockport, Illinois 62370-3046
OF
Number(s):
217.437.5861
P
ro
Board
SECTION
DESCRIPTION
[
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
8
12(d)
CREATE A WATER POLLUTION
HAZARD
5
21(a)
CAUSE OR ALLOW OPEN
DUMPING
X
6
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL OPERATION:
(1)
Without
a
Permit
X
(2)
In Violation of Any Regulations or
Standards Adopted by the
Board
X
DISPOSE,
TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY WASTE
x
INTO THE
STATE ATITO SITES NOT MEETING
REQUIREMENTS
OF ACT AND
7
21(e)
REGULATIONS
CAUSE
OR ALLOW THE
OPEN DUMPING OF
ANY WASTE
IN A
MANNER WHICH RESULTS IN
ANY OF THE FOLLOWING
OCCURRENCES AT THE DUMP SITE:
8.
21(p)
(1)
Litter
X
(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
Revised
06/18/2001
(Open Dump - 1)
LPC
#1498005003
Inspection Date: January
22, 2009
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
X
(2)
Cause_or
Allow_Open_Burning_of Any_Used_or_Waste_Tire
35
ILLINOIS ADMINISTRATIVE CODE
REQUIREMENTS
SUBTITLE
G
FAILURE TO
SUBMIT
AN
APPLICATION FOR
A PERMIT TO DEVELOP AND
x
10.
812.101(a)
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE_DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT
A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION
AND
13.
809.302(a)
PERMIT
ANDIOR MANIFEST
APPARENT VIOLATION OF:
( )
PCB;
(
)
CIRCUIT COURT
14.
CASE NUMBER:
ORDER ENTERED ON:
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.
OTHER
REQUIREMENTS
Revised 06/18/2001
(Open Dump - 2)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
MEMORANDUM
DATE:
January 30, 2009
TO:
DLPC
/ Division
File
FROM:
Paul Eisenbrandt,
DLPC/FOS Springfield
Region
SUBJECT:
LPC
#1498005003
— Pike
County
Rockport/Sapp
C-05-060-C
FOS File
INSPECTION
DATE:
January
22, 2009
The
purpose
of this memorandum
is to serve
as
the
Narrative
Inspection
Report
Document
of
a
January 22,
2009 complaint
investigation
of the above referenced
site. A January
18, 2005
anonymous
complaint
alleged
the
owner
had
unlicensed vehicles
without titles, oil and
diesel
spills,
empty oil jugs,
batteries, and
used tires littering
the property. The
owner was
also
allegedly
burning
household
garbage
and
pushing the waste
into
a
tributary of the
Big Dutch
Creek.
The
site was
first
inspected
on
January
27, 2005. The second
inspection was on August
22, 2005.
The third inspection
was on August
7, 2006.
This fourth inspection
took
place
from
about 12:15 pm
to 12:40 pm,
and
thirty-six
(36)
digital
photographs were taken.
The weather
was
sunny
and approximately
45°F. No
one
was interviewed during
the
inspection.
This
approximate 5-acre
site
is located
at 29321 Dutch
Creek Road in Rockport,
Illinois. The
entrance
to the driveway
is
on the south
side of the road and
just west of the
Dutch
Creek Bridge.
Photograph 1 shows
an area northwest
of
the structures
and south of
the access driveway.
This
area
previously (January
2005) had
numerous vehicles,
farm implements, and
construction
equipment parked
off the edge
of the
driveway.
This area had a
minor amount of scrap
metal,
but was mostly inoperable
vehicle
storage. In August
2005, a small amount
of waste remained.
The
August
2006
inspection
showed
Mr.
Sapp was again storing
inoperable
vehicles and
accumulating farm
equipment in this
area.
The
inspector told Mr. Sapp
to
remove
the inoperable
pickup truck
and store
the remaining farm
equipment in
an organized manner
that does
not
depict
an open
dump. As of the
January 22, 2009
inspection, it appears
that Mr. Sapp is continuing
to
collect farm equipment
and miscellaneous
debris
and
discarding
or storing it
in a haphazard
manner.
The inspector
observed
several
grey
farm bins (one
on its
side) rusty
farm
equipment,
scrap
metal, and odds and
ends spread
throughout this area.
The photograph also
shows heavy
machinery,
a
pickup truck,
a dump
truck,
a flat
bed trailer, and miscellaneous
equipment
on the
north side of the driveway.
Photograph 2 shows
two dump
trucks, gravel screening
equipment, and
several
screened
piles of
gravel
that were
observed between the
driveway and Dutch Creek
Road.
Further down the
drive
near
Dutch
Creek Road, there
were numerous
tire tracks leading
into
and out of the
creek bed. It
page 1
appears if gravel and rock have
been
mined
out
of the creek bed. West on Dutch
Creek Road
there was another
primitive dirt driveway leading into the creek. It appears
as
if
rock and gravel
has been
removed from the creek bed at this location too. Also, west on Dutch Creek Road
where it fords across Dutch
Creek,
it is apparent that
gravel
and
rock
have
been removed.
This
area of the creek does not
resemble
the appearance of it from August 2006 or January 2007
(when the
inspector last drove through this area). A permit is required from the Illinois
EPA
Bureau of Water for mining materials out of
Illinois
waterways.
Photograph 3 shows the
area
west
of
the
pole building/shop.
Several vehicles were removed
from
this area between the first three inspections. A Ford Probe, a blue van,
a
bank
of kitchen
base
cabinets,
a
blue pickup truck with cap, and a brown pickup truck
have been cleanup.
In the
photograph a stack of
railroad
ties and a steel tank can be seen against the building.
The dump
truck appears
operational.
Photograph 4 shows
the front elevation of the
house. There was one vehicle in front
of the house
that appeared to be
operational during this
fourth inspection. It appears other inoperable
cars
parked
here during the previous inspections have been removed. During the
first
inspection
four
large fuel tanks
were on the west side of the driveway, and were removed
by the second
inspection.
Currently, a red farm tractor
was
observed
to
the
west of the driveway near
a pig
pen.
The rest of the
area is still clear of debris.
Photograph
5
shows part of the area immediately south of the pole building/shop.
Several
vehicles were removed from this area between the three previous inspection
inspections. Heavy
equipment, a horse
trailer,
a
dented
up blue pickup truck, an aboveground storage
tank of fuel,
and two
gasoline cans were observed. Miscellaneous
debris were still observed near the
pole
building.
Photograph 6
shows two truck bed tool boxes, several coolers,
cable, weathered dimensional
lumber,
processed lumber, duct work, a vehicle radiator, cinder block,
a
gasoline
can, hand
tools,
and
miscellaneous debris observed haphazardly against the house. The
Illinois EPA inspector
previously told Mr. Sapp
not
to
store
fuel containers in a careless fashion.
Previously
Mr. Sapp had two inoperable Buicks parked on this east side of
the house. Mr.
Sapp
has
apparently repaired or junked the vehicles. During the previous inspections
the Illinois
EPA
inspector requested
the vehicles waiting
service be organized in
ç
location. Organized
material is less likely to be confused with junk and open dumping. In the same manner,
vehicles
that Mr. Sapp
is salvaging or removing parts from prior to disposal or recycling
should be
stored
neatly and
organized in one location. As of this January inspection several vehicles
and heavy
machinery are
still
scattered around the site
Photograph 7
shows a weedy area southeast of the rear corner of the home. A
rusty metal
cabinet,
a
piece
of processed lumber, and a gasoline can were observed here.
Photograph
8 shows
an area that has been cleaned
up by
Mr. Sapp. This area
used to have
a junk
car and
miscellaneous
pipe strewn about.
oae 2
Photograph
9 shows miscellaneous
farm equipment, vehicle parts, and surplus
pipe in this area.
In the
foreground
of the picture
miscellaneous
equipment is spilling out of the
lean-to structure.
This
area
used
to have two mobile
farm fuel tanks and scrap metal in front of a
lean-to. The
Illinois
EPA
inspector previously
stated the material in the lean-to was ok. The waste around the
outside
of the lean-to
had to be cleaned up. All materials must
be
stacked
and organized in a neat
and orderly
fashion
not dispersed all over
the
site or they will be considered
waste.
Photograph
10 shows a truck topper
and a truck rack system that were not previously in this area.
Since the last
inspection Mr.
Sapp has removed several body parts, and miscellaneous debris
from this
area.
Photograph
11 shows
a view facing north towards the pole building/shop. A heavy equipment
flat bed trailer
with a truck topper,
and an old red tractor were observed. A Winnebago frame has
been removed
from
this location.
Photograph
12 shows a
brown Area Disposal Services dumpster. The ground around the
dumpster was littered
with soda bottles, food
wrappers, soda cans, household waste and
weathered
scrap lumber.
Mr. Sapp previously claimed
he has
had weekly
dumpster service
since
the first
inspection.
Photograph 13 shows
several sections of nylon
rope,
a cinder block, a Keystone Light
beer
carton, several
aluminum soda cans,
weathered dimensional lumber, plastic bottles, scrap metal,
and some type
of plastic liner observed
beside the dumpster.
Photograph 14
shows rusty steel poles,
an on-rim truck tire, and miscellaneous debris strewn on
the ground near a shed.
The dismantled remains of
a
truck
were also observed. This
area
has
continuously contained
scrap metal, surplus vehicle
parts, trailers, and other miscellaneous debris
on
the ground along the
east edge of the property. The Illinois EPA inspector has told Mr.
Sapp
the
surplus vehicle parts
should be moved into the shop or another storage building. At the very
least they must be consolidated
to one area and organized off of the ground in a neat and orderly
fashion. This has not been
done.
Photograph 15 shows a
partially cut up pickup truck, truck tires, a piece of a vehicle
motor,
an
exhaust header, the hood
of a truck, and scrap metal littering the ground east of the driveway.
This area used to have two pickup
trucks planned for restoration and a car that was
used for
parts.
The inspector
told Mr. Sapp, in the
past,
that the vehicles
could not be
scattered throughout the
site
making his property resemble
an open dump. Any inoperable vehicle not being
repaired
or
restored must
be removed from the property. This includes all vehicles that Mr. Sapp and his son
are finished removing
useful parts from. Improper
storage
of
lead acid batteries was not
observed
during
this January 2009 inspection.
Photograph 16 shows a utility
trailer
housing acetylene and oxygen tanks and
what appears to be
a welding device or generator. A
bent up
truck
rim, scrap metal,
vehicle
parts,
and miscellaneous
scrap metal were also observed.
Photograph 17 shows
three partially dismantled pickup trucks and a camper top
observed east of
page 3
the pole
building/shop. Photograph
18 shows another partially dismantled vehicle. Other
miscellaneous items are continually scattered throughout this area. Mr. Sapp complained
the last
time the
inspector stopped by that he had to have an area where he could work. The
inspector
stated that it would be
fine but that vehicle parts and scrap metal
could not litter the ground.
Photograph 19 shows a ladder, PVC pipe, steel pipe, rusty cable and miscellaneous
debris
under
a petroleum tank near
Dutch Creek. This area north of the access drive
and the pole building
used
to be used by Mr. Sapp to cut up
scrap
metal.
It
appears
that most of the scrap metal and
waste
have
been removed from this area over the past year or two.
Photograph 20 shows a plow and equipment on the north side of the pole
building/shop.
Photograph 21 shows a view of debris on the northeast side of
the shop. An old
pallet, piping,
and scrap steel were
observed
in the
weeds.
Photograph
22 shows a truck drill, steel mesh, rope, sheet metal,
a brake rotor, a hub
cap, steel
roads, a riding
lawn mower,
a
cardboard
box,
vehicle
parts, and miscellaneous
debris in front
of
the shop.
Photograph 23 shows
an on-rim
used
tire,
plastic beverage bottles, leaf springs,
a steel I-beam,
a
drive shaft, an
engine (partially under a tarp), and miscellaneous
debris observed in
front of
the
shop.
The Illinois EPA inspector has told Mr. Sapp all salvaged vehicle
parts
must
be
stored
inside a
structure and cannot be left to rest on the ground. During
the August 2005
inspection,
Robert
Sapp
discussed building a lean-to to store spare vehicle
body, engine, and chassis
parts,
used
tires for reuse, and
barrel
storage. The lean-to has not been built. Miscellaneous
debris
were
observed
throughout this area.
Photograph
24 shows aerosol cans,
a
McDonalds beverage cup, an exhaust
header, metal
scrap,
a
vehicle
radiator,
an engine (under the green plastic tote), and copious amounts
of debris observed
in the
weeds in front of the shop.
Photograph 25 shows
another vehicle
radiator, an office chair, a propane tank,
a truck fender
and
engine hood,
and miscellaneous debris observed in front of the shop.
Photograph 26
shows an off-rim used tire,
a
tow strap, aluminum
soda cans, and engine
parts
observed
in front of
the
shop.
Photographs 21
through 28 show the area in front (west) of the shop/pole
building. Vehicle
parts,
used tires (off
and on rim) scrap metal, a lead acid batteries,
gas cylinders, drums, and
miscellaneous
debris are continually scattered everywhere. Mr.
Sapp
always
claims the used
tires
have
just been dropped off or removed from a vehicle, yet he refuses to handle
them
correctly.
Mr. Sapp
previously claimed he
was
going
to
reuse some
of the tires. The tires
he
could not
reuse, he
was
going
to cut
off
the
rim, recycle
the rim and dispose of the tire. The
Illinois
EPA
inspector previously made it clear (verbally and in the prior
inspection reports)
that
all
off-rim
used tires must be stored inside a building or covered with a tarp to prevent
the
accumulation
of water. All of the other tires must be stored neatly and not
in a haphazard pile.
nane
4
The inspector
has
previously informed
Mr. Sapp that all drums used to
accumulate used
oil
must
be
clearly
labeled.
All useable empty drums
must be stored in an
organized manner.
Vehicle
parts worth
saving
must be stored inside the building. All scrap vehicle parts and scrap
metal
must be
organized
while
awaiting a trip to the recycling center. When
comparing photographs
from the
August 2005 inspection,
August 2006 inspection, and January 2009 inspection,
it
appears
to this inspector
this area has continually been used for open dumping used tires
and
junk.
Photograph 27
shows a riding lawn
mower,
six on and off rim used tires, two
wheel rims, an
oil
collection tray,
a metal air filter
cover, a yellow bucket of car items, and an empty blue barrel (on
its side)
were observed
among other miscellaneous items
and
debris in front of the shop.
Photograph
28
shows weathered wood sheeting,
off rim used tires, scrap
metal and miscellaneous
items
and debris
observed in front of the
shop.
Photograph
29 shows
a smashed plastic bucket open dumped near the edge of the driveway.
Photograph
30 shows two aboveground
storage tanks of fuel, a fuel
dispensing hose and filter,
and plastic scrap,
observed south of the shop.
Photograph
31 shows another
rusty pickup truck, a rusty steel cabinet, and several damaged
electrical
service panels, observed
south
of the shop.
Photograph
32 shows the blue pickup
truck bed full of scrap metal and debris. A
kitchen sink
was
observed on the ground beside the
truck,
as was
additional waste in the area.
Photograph
33 shows four gas cylinders,
an upside down
push mower, and miscellaneous debris
observed near a pig pen off the north
west side of the home
Photograph 34 shows a vehicle radiator,
a diamond plate truck bed
box,
a
pulley wheel, three
wheel rims, a wagon wheel,
and miscellaneous debris observed near the house.
Photograph 35 shows the
open plastic lids of the dumpster. This may
have contributed to some
of the waste observed in the
weeds around the dumpster.
Photograph
36 shows a broken white plastic bucket,
a
cinder block, bent up scrap
metal,
a
shovel
head, and debris observed near the driveway.
It
appeared Mr.
Sapp had made considerable improvements with cleaning up his
property
between the inspections. It
is
difficult
to gauge how much
work may have been done since more
scrap metal and vehicles
have been brought to the site and since it is so
poorly organized.
Approximately 50
percent of the waste has been removed since the
first inspection. Considering
the addition
of
several junk vehicles, the percent of waste removed is only
approximately
20
percent
since August 2006.
There are at least 60 yards, if not
more, of waste on
site.
The apparent violations noted as a result of this inspection are checked
on the attached
checklist.
page
5
A site sketch and digital photographs accompany this narrative.
cc:
DLPC/FOS Springfield Region
Jane
Johnson,
Pike
County Health Department
Trooper
Thomas
Mavity, Illinois State Police
Trooper Rich Avoletta, Illinois State Police
Chief Deputy Steve Lehr, Pike County Sheriff’s Department
page 6
\
3ç
LffiD
I
o
L716
8
IDmD’
o29150
EEiL1E
I
4—
LI
jjjj
LI
Photograph
File
Names:1498005003-01222009-[Exp.
#].jpg
Comments:
Several
farm
bins,
rusty
farm
equipment,
scrap
metal,
and
odds
and
ends
are
haphazardly
stored
on
the
south
side
of
the
driveway.
Heavy
machinery,
a
pickup
truck,
a
dump
truck,aflat
bed
trailer
and
miscellaneous
equipment
are
on
the
north
side
of
the
driveway.
Date:
January
22,
2009
Time:
12:18
PM
Direction:
N
Photo
by:
Eisenbrandt
Exposure
#:
002
Comments:
Two
dump
trucks,gravel
screening
equipment,
and
several
screened
piles
of
gravel
were
observed
between
the
driveway
and
Dutch
Creek.
File
Name:
1498005003-01222009.doc
Page
1
of
18
Comments:
A
stack
of
railroad
ties
and
a
steel
tankwere
observed
against
the
west
site
of
the
pole
building/shop.
Another
dump
truck
can
be
seen
on
the
right
side
of
the
photograph.
Date:
January
22,
2009
Time:
12:19
PM
Direction:
S
Photo
by:
Eisenbrandt
Exposure
#:
004
Comments:
View
facing
south
towards
the
Sapp
residence.
File
Name:
1498005003-01222009.doc
Photograph
File
Names:
1498005003—01222009-[Exp.
#].jpg
Page2of
18
pole
building/shop
heavy
equipment,
a
horse
trailer,
a
blue
pickuptruck,
an
aboveground
storage
tank
of
fuel,
and
gasoline
cans
were
observed.
Date:
January
22,
2009
Time:
12:20
PM
Direction:
S
Photo
by:
Eisenbrandt
Exposure
#:
006
Comments:
Two
truck
bed
tool
boxes,
several
coolers,
cable,
weathered
dimensional
lumber,
processed
lumber,
duct
work,
a
vehicle
radiator,
cinder
block,
a
gasoline
can,hand
tools,
and
miscellaneous
debris.
File
Name:
1498005003-01222009.doc
Photograph
File
Names:1498005003-01222009-[Exp.
#].jpg
Page
3
of
18
Comments:
A
rusty
metal
cabinet
and
processed
lumber
were
observed
in
the
weeds
southeast
of
the
residence.
Date:
January
22,
2009
Time:
12:21
PM
Direction:
W
Photo
by:
Eisenbrandt
Exposure
#:
008
Comments:
This
area
has
been
cleaned
up
and
is
clear
of
debris.
Photograph
File
Names:1498005003-01222009-[Exp.
#].jpg
File
Name:
1498005003-01222009.doc
Page4ofl8
Comments:
Miscellaneous
farm
equipment,
vehicle
parts,
andsurplus
pipe
are
in
this
area.
In
the
front
of
the
picture
miscellaneous
equipment
is
spilling
out
of
the
lean-to
structure.
Date:
January
22,
2009
Time:
12:23
PM
Direction:
W
Photo
by:
Eisenbrandt
Exposure
#:
010
Comments:
A
truck
topper
and
rack
systemwere
not
previously
observed
in
this
area.
Sincethe
last
inspection
Mr.
Sapp
has
removed
several
vehicle
body
parts,
and
miscellaneous
debris.
File
Name:
1498005003-01222009.doc
Photograph
File
Names:
1498OO5OO3-O1222OO9-Exp.
#].jpg
Page
5
of
18
Photograph
File
Names:
1498005003—01222009-[Exp.
#1.jpg
north
towards
the
shop.
A
heavy
equipment
flat
bed
trailer
with
a
truck
topper,
and
an
old
red
tractor
were
observed.
Date:
January
22,
2009
Time:
12:24
PM
Direction:
N
Photo
by:
Eisenbrandt
Exposure
#:
012
Comments:
Mr.
Sapp
has
dumpster
service
provided
by
Area
Disposal
Services
however,
the
ground
around
the
dumpster
was
littered
with
soda
bottles,
food
wrappers,
household
waste,
and
weathered
scrap
lumber.
File
Name:
1498005003-01222009doc
Page
6
of
18
Comments:
Nylon
rope,
a
cinder
block,a
Keystone
Light
beer
carton,
several
aluminum
soda
cans,
weathered
dimensional
lumber,
plastic
bottles,
scrap
metal,
and
some
type
of
plastic
liner,
were
observed
beside
the
dumpster.
Date:
January
22,
2009
Time:
12:25
PM
Direction:
E
Photo
by:
Eisenbrandt
Exposure
#:
014
Comments:
Rusty
steel
poles,
an
on-rim
truck
tire,
and
miscellaneous
debris
were
observed
strewn
on
the
ground
near
a
shed.
The
dismantled
remains
of
a
truck
were
also
observed
in
this
area.
Photograph
File
Names:
1498005003—01222009-[Exp.
#].jpg
s_4_.,
File
Name:
1498005003-01222009.doc
Page
7
of
18
Comments:
A
partially
cut
up
pickup
truck,
truck
tires,
a
piece
of
a
vehicle
motor,
an
exhaust
header,
the
hood
of
a
truck,
and
scrap
metal
litter
theground
east
of
the
driveway.
Date:
January
22,
2009
Time:
12:25
PM
Direction:
E
Photo
by:
Eisenbrandt
Exposure
#:
016
Comments:
A
utility
trailer
housing
acetylene
and
oxygen
tanks
and
what
appears
to
be
a
welding
device
or
generator.
A
bent
up
truck
rim,
scrap
metal,
vehicle
parts,
and
miscellaneous
scrap
metal
were
also
observed.
File
Name:
1498OO5OO3-O1222OO9.doc
Photograph
File
Names:
1498005003—01222009-[Exp.
#I.jpg
Page
8
of
18
Comments:
Three
partially
dismantled
pickup
trucks
and
a
camper
top
were
observed
east
of
the
pole
building/shop.
Date:
January
22,
2009
Time:
12:26
PM
Direction:
E
Photo
by:
Eisenbrandt
Exposure
#:
018
Comments:
Another
partially
dismantled
vehicle.
Photograph
File
Names:
1498005003-01222009-[Exp.
#].jpg
File
Name:
1498005003-01222009.doc
Page
9
of
18
Comments:
A
ladder,
PVC
pipe,
steel
pipe,
rusty
cable,
and
miscellaneous
debris
under
a
petroleum
tank
near
Dutch
Creek.
Date:
January
22,
2009
Time:
12:26
PM
Direction:
SW
Photo
by:
Eisenbrandt
Exposure
#:
020
Comments:
A
plow
and
equipment
on
the
north
side
of
the
shop.
Photograph
File
Names:
1498005003-01222009-[Exp.
#].jpg
File
Name:
1498005003—01222009.doc
Page
10
of
18
Comments:
View
of
debris
on
the
east
side
of
the
shop.
An
old
pallet,
piping,
and
scrap
steelwere
observed
in
the
weeds.
Date:
January
22,
2009
Time:
12:27
PM
Direction:
W
Photo
by:
Eisenbrandt
Exposure
#:
022
Comments:
A
truck
grill,
steel
mesh,
rope,
sheet
metal,
a
brake
rotor,
a
hub
cap,
steel
rods,
a
riding
lawn
mower,
a
cardboard
box,
vehicle
parts,
and
miscellaneous
debriswere
in
front
of
theshop.
File
Name:
1498005003—01222009.doc
Photograph
File
Names:
1498005003-01222009-[Exp.
#].jpg
Page
11
of
18
Comments:
An
on-rim
used
tire,
plastic
beverage
bottles,
leaf
springs,
a
steel
I-beam,
a
drive
shaft,an
engine
(partially
under
a
tarp),
andmiscellaneous
debris
wereobserved
in
front
of
shop.
Date:
January
22,
2009
Time:
12:27
PM
Direction:
NW
Photo
by:
Eisenbrandt
Exposure
#:
024
Comments:
Aerosol
cans,
a
McDonalds
beverage
cup,
an
exhaust
header,
metal
scrap,
a
vehicle
radiator,
an
engine
(under
the
green
plastic
tote),
and
copious
amounts
of
debris
were
observed
in
the
weeds
in
front
of
the
shop.
Photograph
File
Names:
1498005003-’01222009-[Exp.#I.jpg
File
Name:
1498005003-01222009.doc
Page
12
of
18
Photograph
File
Names:
1498005003-01222009-[Exp.
#1.jpg
Comments:
Another
vehicle
radiator,
an
office
chair,
a
propane
tank,
a
truck
fender
and
engine
hood,
and
miscellaneous
debris
were
observed
in
front
of
the
shop.
Date:
January
22,
2009
Time:
12:27
PM
Direction:
SE
Photo
by:
Eisenbrandt
Exposure
#:
026
Comments:
An
off-rim
used
tire,
a
tow
strap,
aluminum
soda
cans,
and
engine
parts
were
observed
in
front
of
the
shop.
File
Name:
1498005003-01222009.doc
:‘
Page
13
of
18
Comments:
A
riding
lawn
mower,
six
on
and
off
rim
used
tires,
two
wheel
rims,
an
oil
collection
tray,
a
metal
air
filter
cover,a
yellow
bucket
of
car
items,
and
an
empty
bluebarrel
(on
its
side)
were
observed
among
other
miscellaneous
items
and
debris
in
front
of
theshop.
Date:
January
22,
2009
Time:
12:28
PM
Direction:
NW
Photo
by:
Eisenbrandt
Exposure
#:
028
Comments:
Weathered
wood
sheeting,
off
rim
used
tires,
scrap
metal
and
miscellaneous
items
and
debriswereobserved
in
front
of
the
shop.
File
Name:
1498005003-01222009.doc
Photograph
File
Names:
1498005003-01222009-[Exp.
#].jpg
Page
14
of
18
plastic
bucket
near
the
driveway.
Date:
January
22,
2009
Time:
12:28
PM
Direction:
W
Photo
by:
Eisenbrandt
Exposure
#:
030
Comments:
Two
aboveground
storagetanks
of
fuel,
a
fuel
dispensing
hose
and
filter,
and
plastic
scrap,wereobserved
south
of
the
shop.
File
Name:
1498005003-01222009.doc
Photograph
File
Names:
1498OO5OO3-O1222OO9-[Exp.
#].jpg
Page
15
of
18
Photograph
File
Names:
1498OO5OO3—O1222OO9-Exp.
#j.jpg
Comments:
Another
pickup
truck,
a
rusty
steel
cabinet,
and
several
damaged
electrical
service
panels,were
observed
south
of
the
shop.
Date:
January
22,
2009
Time:
12:28
PM
Direction:
N
Photo
by:
Eisenbrandt
Exposure
#:
032
Comments:
The
blue
pickup
truck
bed
was
full
of
scrap
metal
and
debris,
a
kitchen
sink
were
observed
on
the
ground
beside
the
truck,
as
was
additional
waste
in
the
area.
File
Name:
1498005003-01222009.doc
Page
16
of
18
Photograph
File
Names:
1498005003—01222009-[Exp.
#Jjpg
Comments:
Four
gas
cylinders,
an
upside
down
push
mower,
and
miscellaneous
debris
were
observed
near
a
pig
pen
off
the
north
west
side
of
the
home.
Date:
January
22,
2009
Time:
12:29
PM
Direction:
NW
Photo
by:
Eisenbrandt
Exposure
#:
034
Comments:
A
vehicle
radiator,a
diamond
plate
truck
bed
box,
a
pulley
wheel,
three
wheel
rims,
a
wagon
wheel,and
miscellaneous
debris
were
observed
near
the
house.
File
Name:
1498005003-01222009.doc
Page
17
of
18
Comments:
The
plastic
lids
were
observed
open.
This
may
have
contributed
to
some
of
the
waste
observed
in
the
weeds
nearby.
Date:
January
22,
2009
Time:
12:32
PM
Direction:
S
Photo
by:
Eisenbrandt
Exposure
#:
036
Comments:
A
broken
white
plastic
bucket,
a
cinder
block,
bent
up
scrap
metal,a
shovel
head,
and
debris
were
observed
south
of
the
drive.
File
Name:1498005003—01222009.doc
Photograph
File
Names:
1498005003-01222009-[Exp.
#].jpg
Page
18
of
18
AFFff)AVIT,
and
OPEN
DUMP
INSPECTION
CHECKLIST
E
C
E
V
E
D
CLERK’S
OFFICE
To:
Donald
Sapp
12
oo
29321
Dutch
Creek
Road
Rockport,
IL
62370-3046
STATE
OF
ILLINOIS
Pollution
Control
Board
and
theoriginal
and
nine
(9)
true
andcorrect
copies
of
the
same
foregoing
instruments
on
the
same
date
by
Certified
Mail,
Return
Receipt
Requested,
with
postage
thereon
fully
prepaid
To:
JohnTherriault,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
SUBMfl1’ED
ON
RECYCLED
PAPER
