ILLINOIS ENVIRONMENTAL PROTECTION AGENCYCLERK’S~~
RECE WED
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 21
7-78’Ph9~~~
2004
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 3l2~1~~tOFILUNDIS
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIREcT0RPOIIUtI0fl Control Board
(217) 782-9817
TDD: (217) 782-9143
July 8, 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. Robert and Phylis Ulrich and Bob Ulrich Pallet,
Inc.
-
JEPA File No. 314-04-AC; 0010653001—Adams 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
Open 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
(~5)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.
Ifyou have any questions or concerns, please do not hesitate to contact me at the number above.
Thank you for your cooperation.
Sincerely,
\Jt~LLI~
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 S. Sixth Street Rd., Springfield, IL 62706 —(217) 786-6892 •
COLLINSVILLE
—2009 MalI
Street,
CoIIinsviIIe, 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 OFFK~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
JUL
132004
STATE OF ILLIP~OiS
Pollution Control 8oarri
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 314-04-AC)
)
ROBERT and PHYLIS ULRICH and BOB
)
ULRICH PALLET INC.,
)
Respondents.
)
NOTICE OF FILING
To:
Robert and Phylis Ulrich
Bob Ulrich Pallet, Inc.
5910 Dove Lane
Robert A. Ulrich, President
Quincy, IL 62305
1913
~•
5~th
Street
Quincy,IL 62301
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
Michelle 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
Dated: July 8, 2004
THIS FILING SUBMITFED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL 132004
STATE OF ILLINOIS
ADMINISTRATIVE CITATION
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
(./
v.
)
(IEPA No. 314-04-AC)
ROBERT and PHYLIS ULRICH and BOB
)
ULRICH PALLET INC.,
)
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 (2002).
FACTS
1.
That Robert and Phylis UJrich are the present owners and Bob Ulrich Pallet, Inc. is
the waste dumper, transporter and generator (collectively “Respondents”) of a facility located at
5913 West St. Anthony Road, Quincy, Adams County, Illinois. The property is commonly known to
the Illinois Environmental Protection Agency as Quincy/Ulrich Pallets.
2.
That said facility is an open dump, operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 0010653001.
3.
That Respondents have owned and/or operated said facility at all times pertinent
hereto.
4.
That on June 3, 2004, Charlie King of the Illinois Environmental Protection Agency’s
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.
VIOLATIONS
Based upon direct observations made by Charlie King during the course of his June 3, 2004
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)(l) of the Act, 415 ILCS 5/21(p)(1)
(2002).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS
5142(b)(4-5)
(2002); 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 One Thousand Five Hundred Dollars ($1,500.00). If
Respondents elect not to petition the Illinois Pollution Control Board, the statutory civil penalty
specified above shall be due and payable no later than August 13, 2004, unless otherwise provided
by order of the Illinois Pollution Control Board.
If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1 of the Act, 415 ILCS 5/31.1(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
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.
2
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondents fail
to petition or elects 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.
If any civil penalty and/or hearing costs are not paid within~thetimeprescribedbyorderof 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:inc1udingihe~datethatpaymentis
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 (2002). If Respondents elect 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 filedwithin
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.
/~A~t.
~
Date:
_____
Renee Cipriano, Director
4~ ~‘~-‘---
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. 314-04-AC)
ROBERT and PHYLIS ULRICH and BOB
)
ULRICH PALLET INC.,
)
Respondents.
)
FACILITY: Quincy/Ulrich Pallets
SITE CODE NO.:
0010653001
COUNTY: Adams
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
June 3, 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:
)
)
Illinois Environmental
)
Protection Agency
)
)
vs.
)
IEPA DOCKET NO.
)
Robert Ulrich, Phylis Ulrich,)
and Bob Ulrich Pallet, Inc.
)
Respondents.
)
Affiant, Charles W. King, Jr., being first duly sworn, voluntarily deposes and states as
follows:
1. Affiant is a field inspector employed by the Division ofLand Pollution ControlfField
Operations Section ofthe Illinois Environmental Protection Agency and has been so
employed at all times pertinent hereto.
2. On June 3, 2004 between
9:15
AM and
9:55
AM, Afflant conducted an inspection ofa
disposal site operated without an Illinois Environmental Protection Agency permit,
located in Adams County, Illinois, and known as Quincy/IJlrich Pallets by the Illinois
Environmental Protection Agency. Said site has been assigned site code number LPC#
0010653001 by the Illinois Environmental Protection Agency.
3. Affiant inspected said Quincy/Ulrich Pallets open dump site by an on-site inspection,
which included walking and photographing the site.
4. As a result ofthe 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 ofAffiant’s observations and
factual conclusions with respect to said Quincy/Ulrich Pallets open dump.
Charles W. King, Jr.
Subscribed and Sworn To before me
~
~OO~’
Notary Public
OFFICIAL SEAL
CHARLENE K. POWELL
i~OTA~YPU8L!C STATE
OF ILLINOIS
My Comri~.ExpIres March 15, 2008
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Adams
LPC#:
0010653001
Region:
Springfield
Location/Site Name:
Quincy/Ulrich Pallets
Date:
06/03/2004 Time: From 0915
To 0955
Previous Inspection Date: 05/28/2003
Inspector(s):
Charlie King and Paul Eisenbrandt
Weather:
Sunny, 72 deg. F., Winds S @5 mph.
No. of Photos Taken: # 10
Est. Amt. of Waste: 970
yds3 Samples Taken: Yes #
No
IZI
Interviewed:
Robert Ulrich
.
Complaint #: None
Responsible Party
Mailing Address(es)
and Phone
Number(s):
1.
DESCRIPTION
VIOL
IL’ ‘NOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
-
El
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
El
3.
12(a)
CAUSE, THREATENOR ALLOW WATER POLLUTION IN ILLINOIS
El
4.
12(d)
CREATE A WATER POLLUTION HAZARD
El
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
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
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
AND REGULATIONS
8.
21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
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
El
(5)
Proliferation of Disease Vectors
El
(6)
Standing or Flowing Liquid Discharge from the Dump Site
El
Robert
Ulrich, Phylis UIrich and Bob
UIrich Pallet, Inc.
5910 Dove Ln
Quincy, IL 62305
217/224-2568
r.) ~
,.~.7 ,‘,
,~‘
~
JUN 2 32004
IE PA
-
DL PC
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0010653001
Inspection Date:
June 3, 2004
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
El
Demolitioh Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or
Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or
Allow Open Burning of Any Used or Waste Tire
El
10.
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
812.101 (a)
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
1~
809~02~
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION
AND
PERMITAND/ORMAMFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(fl)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
.
Informational Notes
Signature of lnspectdr~~”
t~j
1. Illinois Environmental Protection Act: 415 ILCS 5/4.
2.
Illinois Pollution Control Board: 35 III. Adm. Code, Subtitle G.
3. Statutory and regulatory references herein are provided for convenience only and should not be construed as legal
conclusions of the Agency or as limiting the Agency’s statutory or regulatory powers. Requirements of some statutes
and regulations cited are in summary format. Full text of requirements can be found in references listed in 1. and 2.
above.
4. The provisions of subsection (p) of Section 21 of the Illinois Environmental Protection Act shall be enforceable either
by administrative citation under Section 31.1 of the Act or by complaint under Section 31 of the Act.
5. This inspection was conducted in accordance with Sections 4(c) and 4(d) of the Illinois Environmental Protection Act:
415 ILCS 5/4(c) and (d).
6.
Items marked with an “NE” were not evaluated at the time of
this inspection.
Revised 06/18/2001
(Open Dump -2)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM
DATE:
June 14, 2004
TO:
Land Division
File
FROM:
0~harlie King, DLPC/FOS
—
Springfield Region
JUN
2
.~
SUBJECT:
LPC #
0010653001
—
Adams County
Quincy/Ulrich Pallets
_
‘~
(No Complaint Number)
FOS File
NARRATIVE INSPECTION REPORT DOCUMENT
The purpose of this memorandum is to serve as the Narrative Inspection Report
Document of an inspection conducted at the subject site on June 3, 2004, by this author.
Paul Eisenbrandt, DLPC/FOS
—
Springfield Region, accompanied me on this inspection.
The inspection was conducted to follow up a Compliance Assistance Survey (CAS),
which was conducted on May 28, 2003, by this author. The CAS resulted in a finding
that the site was not in compliance with pertinent sections ofthe Illinois Environmental
Protection Act (Act) and regulations, Title
35,
Illinois Administrative Code, Subtitle G
(35
IAC). The CAS was followed by a letter from the Illinois EPA dated July 23, 2003.
That letter discussed the apparent violations and provided recommendations for cleanup
ofthe site. It required a return to compliance within 90 days ofthe date ofthe letter, via
cleaning the site and providing receipts documenting proper disposal ofwastes. The
respondent provided a written response dated October 17, 2003, with some receipts
documenting some cleanup, and requested a cleanup time extension. That extension was
granted in an Agency letter dated November 17, 2003, which granted a cleanup extension
until December 23, 2003. However, by the time ofthe. most recenfinspection a half-year
had passed since the required cleanup time without any further correspondence from the
respondent. As shown in this report, the June 3, 2004 inspection revealed that very little
has been done to achieve compliance and no additional receipts had been submitted.
The site is located at 5913 W. St. Anthony Road, Quincy, IL. However, in the
respondent’s October 17, 2003 letter, he provided an address of5920 St. Anthony Road
West. Regardless, the mailing address is: Ulrich Pallets, 5910 Dove Lane, Quincy, IL
62305. The respondents’ for the site are Robert Ulrich and Phylis Ulrich, because both of
them are on the Warranty Deed as site owners. However, The Illinois Secretary of
State’s Office web site lists a corporation name ofBob Ulrich Pallet, Inc. at 1913 5.
59th
St., Quincy, IL 62301. Robert Ulrich hasprovided a telephone number of: 2 17/224-
2568.
His FAX number is: 217/224-2577.
Legally and specifically, the site is located on that portion ofthe SE Quarter ofSection
Nine (9), in Township Two (2) South ofthe Base Line, Range Eight (8) West ofthe
Fourth Principal Meridian, bounded and described as follows, to wit: Commencing at the
Southeast corner of the Southeast Quarter ofsaid Section Nine (9), thence North along
the section line to the quarter quarter section line ofsaid Southeast quarter ofSection
nine (9), thence West along the quarter quarter section line a distance of720 feet, more or
less, to the centerline ofwhat is referred to as Frontage Road, thence following the
centerline of“Frontage Road” in a Southerly direction to a point where said centerline
intersects the South line of said Southeast Quarter ofSection Nine (9), thence East a
distance of340.73 feet, more or less, along the South line ofsaid Southeast quarter of
Section nine (9) to the place ofbeginning, subject to all rights-of-way for highway and
public roads along the North, West and South sides of said herein above described parcel,
and containing 13.97 acres, more or less. This is described in the Warranty Deed dated
July 23, 1979, No. 36669, Book 520, Page 3176, provided by request and courtesy of the
Adams County Health Department via fax. As previously mentioned, the owners ofthe
property are Robert and Phylis Ulrich.
Upon arrival at the site on the day ofthe inspection, the weather was sunny with an air
temperature ofapproximately 72 deg. F. Winds were southerly at approximately
5
mph.
Surface soil conditions mostly dry, but damp in places.
-
During the inspection, ten (10) photographs were taken with a digital camera. They show
the conditions at the site on the day ofthe inspection. From the photos and the
inspection, a partially computer generated sketch ofthe site was developed. It shows the
approximate layout ofthe site, as well as the locations and directions ofthe inspection
photos. The digital camera provides a three-digit number to each photograph, i.e., 001,
002, etc. This is how the photographs are referred to in this report and on the Digital
Photographs photocopies. However, to save space on the Site Sketch, real numbers were
used, i.e., 1, 2, etc. Copies ofthe Digital Photographs and the Site Sketch accompany
this report.
We arrived at the facility and asked for Mr. Ulrich. We were told that he was not there,
but he was a short distance away, and he would be called. Soon thereafter, Mr. Ulrich
arrived. Upon inquiry, he admitted that he had not done very much since he last updated
us (on October 17, 2003). He said that both ofhis daughters had received pace makers at
the Mayo Clinic (Rochester, MN). He stated that had taken his efforts away from
cleaning up the site. I told him that he seemed to have several employees, and since the
wastes were at the business, why hadn’t he had some ofthem clean it up. He said it was
his responsibility.
We walked back behind the facility approximately
75’
to an area where wastes in a
45’
x
20’ area were observed on a ravine wall during the CAS on May 28, 2003. Fresh soil and
some vegetation, mostly weeds, had sprung up out ofthe added soil. Upon inquiry, Mr.
Ulrich stated that was the area where cleanup had been conducted. I asked him if any of
the wastes were buried, and he said that they were not. I asked him why wood, apparent
tubing, some metals and other small areas ofwastes appeared to be popping out ofthe
2
new soil. This would be consistent with observing an area that had wastes buried and
later exposed via erosion. He stated that it must have been some small pieces that
somehow landed there after the soil was placed. There were also large pieces of
Styrofoam at the bottom ofthe ravine, which Mr. Ulrich admitted were wastes that had to
be removed to a landfill. See photo # 001.
We then proceeded to the northwest, where again, the metals and wood wastes were
observed. A large area ofmetals was observed during the CAS. These appeared to be
the same. Photo #s 003, 004, 005, 006, 007 and 010 show these metals and wood wastes.
Also observed were four largejunk trucks that Mr. Ulrich stated were bound for the
junkyard, as shown in photo # 008. An old black Chevrolet Monte Carlo was also
observed, as shown in photo # 009. Mr. Ulrich stated it was his son’s junk stock car that
was also destined for the junkyard. Mr. Ulrich openly admitted that the large amount of
mostly scattered metals and woodwastes were indeed wastes that needed to be removed.
He stated that he just needed more time to get it (cleanup) done.
During the inspection, several areas ofscattered litter, including wood wastes, metals and
some plastics, were observed. Ifall ofthe scattered wastes, other than vehicles, were
placed into a single pile, it is estimated that it would encompass an area approximately
150’ x 50’ x 3’ high. Also, the
two drums of suspected used oil, but ofunknown contents
during the CAS, were not observed. It is unknown what ever happened to those
suspected wastes. Therefore, the apparent violation ofthe regulations, 35 IAC, Sections
722.111 and 808.12 1, yet were not resolved.
At the end of the physical inspection, I told Mr. Ulrich that Ijust did not know what
direction the Illinois EPA would take on the condition ofthe site. I told him that he could
receive an Administrative Citation Warning Notice (ACWN) or a Violation Notice (VN).
However, I cautioned that since he had already been warned after the CAS, and since he
had agreed to clean up the site and did not do so in a timely manner, and since he had
received a cleanup time extension and then an additional half year without desired results,
that he may indeed receive an Administrative Citation (AC) that would carry a monetary
penalty.
During the inspection, apparent violations of the Act and the regulations, 35 IAC, were
observed. Those apparent violations of the Act are Sections: 2 1(a), 2 1(d), 21(d)(2),
21(e), 21(p)(l),
55(a).
Apparent violations ofthe regulations, 35 IAC, include Sections:
722.111, 808.121 and 812.101(a).
3
OTHER COMMENTS
1. The total estimated wastes yet at the facility are estimated at 970 cu. yds. This
was calculated as follows:
Waste Description
Size
of Waste Area
Totals
Scattered litter including
150’ x
50’
x 3’
22,500
metals and wood wastes
4 large junk trucks
6’ x 7’x 20’ x 3 units
=
3,360
Junk stock car
4’ x 7’ x 12’
=
+
336
26,196
*26,196 cu. ft. / 27 (conversion cu. ft. to cu. yds.)
=
970.22 or 970 cu. yds.
2. No one else spoke with us during the inspection.
CK
cc: DLC
—
Greg Richardson
DLPCTFOS
—
Springfield Region
4
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Back to top
fl Hansen
F U N E R A I. H
-
0
Spear
U E
Jeffrey & Theresa Spear
(217) 222-4907
State at 16th Street
• RO. Box 872
‘ Quincy, IL
SITE SKETCH
Quincy/Utrich Pallets
0010653001
Charlie
King
County:
Date:
Time:
Adams
June 3, 2004
9:15
a.m.
—
9:55
a.m.
A digital camera was usedfor the Inspection photos. Distances are approximate
—
Not drawn to scale
*Dove Lane
6
Site
name:
LPC #:
Inspector:
Ulrich Pallets
Manufacturing
Building
LEGEND
2—÷
-
Denotes location and direction ofphoto.
Illinois
Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC # 0010653001
-
Adams County
QuincylUlrich Pallets
FOS File
Date: June
3, 2004
Time: 9:33 a.m.
Direction: NE
Photo by: Charlie King
Photo File Name:
0010653001—06032004-001
Comments:
This slope area
measures approximately 45’ x 20’
and was covered with wastes
during a previous site inspection.
Now, fill
dirt is in place. However,
wood
and
metal wastes were
observed protruding through the
dirt,
indicating that those wastes
were not removed prior to the
dirt
being placed there. Large
chunks
of Styrofoam were observed at the
bottom ofthe ravine, as shown.
Date:
June
3, 2004
Time:
9:35
a.m.
Direction: W
Photo by: Charlie
King
Photo File Name:
001065300F—0603 2004-002
Comments:
IEPAInspector Paul
Eisenbrandt is shown observing
surroundings at the bottom of the
ravine. Mr. Ulrich
was advised to
clean the litter out ofthe ravine as
well as other
places where it
existed on-site.
illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC # 0010653001
-
Adams County
Quincy/Ulrich
Pallets
FOS File
Date: June 3, 2004
Time: 9:39 a.m.
Direction:
N/NE
Photo by: Charlie King
Photo File Name:
001065300 1~w06032004~003
Comments: Junk
trucks,
wood
and
metal wastes line the northern
grounds ofthe site.
Date: June 3, 2004
Time: 9:39 a.m.
Direction:
N/NE
Photo by: Charlie
King
Photo File Name:
0010653001-=06032004-004
Comments: This
photograph is
similar to the previous photograph
(# 003), but
this
one also shows
additional metals in the
foreground.
-i
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC # 0010653001
-
Adams County
Quincyf!Jlrich
Pallets
FOS File
Date: June 3, 2004
Time:
9:41 a.m.
Direction: NW
Photo by:
Charlie King
Photo File Name:
0010653001-~06032004-00
5
Comments:
Metals, car seats,
plastics, semi-trailers, stacked
wood
and stacked metals are
shown.
Date: June 3, 2004
Time: 9:43 a.m.
Direction: N
Photo by: Charlie
King
Photo File Name:
0010653001—=06032004-006
Comments: More metals are
shown behind or
north
ofthe
business,
Illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC # 0010653001
-
Adams County
Quincy/IJirich Pallets
FOS File
Date: June 3, 2004
Time: 9:43 a.m.
Direction: N
Photo by: Charlie King
Photo File Name:
0010653001—06032004-007
Comments:
Semi-trailers and
metals line this on-site access road
north ofthe business.
Date: June 3, 2004
Time:
9:45
a.m.
Direction: NE
Photo by: Charlie
King
Photo File Name:
0010653001—06032004-008
Comments:
Four junktrucks that
respondent Bob Ulrich stated were
going to thejunk yard.
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC # 0010653001
-
Adams County
Quincy/Ulrich Pallets
FOS File
Date: June 3, 2004
Time: 9:46 a.m.
Direction: W
Photo by: Charlie
King
Photo File Name:
0010653001—06032004-009
Comments: A car seat, a
respondent
admitted junk stock car
and wood wastes
are
shown
next
to
an operable truck.
Date: June 3, 2004
Time: 9:48 am.
Direction: SE
Photo by: Charlie
King
Photo File Name:
0010653001—06032004-010
Comments: A
reportedly waste
stainless steel metal machine is
shown in dense vegetation is
shown. Behind it is a metal
conveyor that is reportedly useable.
PROOF OF SERVICE
I hereby
certify that I did on the 8th day ofJuly 2004, send by Certified Mail, Return Receipt
Requested, with postage thereon fully prepaid, by depositing in a United States PostOffice Box a true
and correct copy of the following instrument(s) entitled ADMiNISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Robert and Phylis Ulrich
Bob Ulrich Pallet, Inc.
5910 Dove Lane
Robert A. Ulrich, President
Quincy, IL 62305
1913 S. 59th Street
Quincy,IL 62301
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 fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Michelle M. Ryan
Special Assistant Attorney General
THIS
FILING
SUBMITTED ON RECYCLED PAPER