LERK S
OFFICE
SThTE
OCT
OF
-
42004
ILLINOIS
INFORMATIONAL NOTICE ! ! !
OIIUt~OflCOfltrQIBo~
,~
~
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 11-500, 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 61 794-9276.
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 mailing to 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.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
K
S
OFFICE
ADMINISTRATIVE CITATION
OCT
-
42004
ILLINOIS ENVIRONMENTAL
)
STATE OF ILUNOIS
PROTECTION AGENCY,
)
POlI~t~~nControl Board
)
Complainant,
)
AC
)
v.
)
(IEPA No. 464-04-AC)
)
CHARLES L. RIGGINS,
)
)
Respondent.
)
NOTICE OF FILING
To:
Charles
L.
Riggins
10364
N. CR
2800
E
Easton, Illinois 62633
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State ofIllinois the following instrument(s) entitled 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 62 794-9276
(217)
782-5544
Dated: September 29, 2004
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK~~OF/F~Z
ADMINISTRATIVE CITATION
OCT 42004
STATE
OF ILLINO S
ILLINOIS
ENVIRONMENTAL
)
r U ~Ofl
Control
Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
)
V.
)
(IEPA No. 464-04-AC)
CHARLES L. RIGGINS,
)
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 Charles L. Riggins (“Respondent”) is the present operator of a facility located at
10364 N. CR 2800 E, Easton, Mason County, Illinois. The property is commonly known to the
Illinois Environmental Protection Agency as Easton/Riggins Rust Ranch.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1250105007.
3.
That Respondent has owned and operated said facility atafl-times~pertinenthereto.
4.
That on August 12, 2004, Jan Mier of the Illinois Environmental Protection Agency’s
Springfield 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.
VIOLATIONS
Based upon direct observations made by Jan Mier during the course of herAugustl2, 2004
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 2l(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 October 30, 2004, unless otherwise provided
by order of the Illinois Pollution Control 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(2002), 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
violation.
2
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondentfails
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 the time prescribed by 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 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.
_______________
Date: _____
Renee Cipriano, Director 4 “~r”~
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
‘1.
)
(IEPA No. 464-04-AC)
CHARLES L. RIGGINS,
)
Respondent.
FACILITY:
Easton/Riggins Rust Ranch
SITE CODE NO.:
1250105007
COUNTY:
Mason
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
August 12, 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.
Charles Riggins
Respondent
Affiant,
Jan Mier,
being first duly sworn, voluntarily deposes and states as follows:
1. Affiant is a field inspector employed by the Division ofLand Pollution Control/Field
Operations Section ofthe Environmental Protection Agency and has been so employed at
all times pertinent hereto.
2. On, August 12, 2004 between 2:10 p.m. and 2:45 p.m., Affiant conducted an
inspection ofan open dump, located in Mason County, Illinois and known as
Easton/Riggins Rust Ranch
by the Illinois Environmental Protection Agency. Said site
has been assigned site code number LPC # 1250105007 by the Agency.
3. Affiant inspected said 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 open dump.
U
Jan Mier
Subscribed and Sworn to Before Me
this ~~dayof&ftk
,2004
~
Notary Public
OFFICIAL SEAL
CHARLENE K, POWELL
~ NOTARY PUBLIC aTATE OF ILLINOiS
~
ExpIres March 1~,2008
~
~
~.ft’..~
-
County:
MASON
LPC#:
Region:
SPFLD
Location/Site Name:
EASTON/RIGGINS RUST RANCH
Date:
8/12/04
Time: From 2:10 PM
To 2:45 PM
Previous Inspection Date: 5/5/04
Inspector(s):
JAN MIER
Weather: 80 F, SUNNY
No. of Photos Taken: # 18
Est. Amt. of Waste: 100
yds3 Samples Taken: Yes #
No X
Interviewed:
CHUCK RIGGINS, OWNER
Complaint #:
Responsible Party
Mailing Address
and Phone Number:
1250105007
CHUCK RIGGINS
10364 N. CR2800E
--.
,
EASTON, IL 62633
~...
309/562-7551
:~
SECTION
DESCRIPTION
-
~VIOL
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
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
E
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
X
6.
21(d)
(1)
(2)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
Without
a Permit
X
In Violation of Any Regulations or Standards Adopted by the Board
X
DISPOSE, TREAT, STORE, OR ABANDON
ANY
WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
X
7.
21(e)
AND
REGULATIONS
-
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
8.
21(p)
(1)
(2)
(3)
(4)
(5)
(6)
IN
ANY
OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
Litter
X
Scavenging
Open Burning
Deposition_of Waste in_Standing or Flowing Waters
Proliferation of Disease Vectors
Standing_or_Flowing_Liquid_Discharge_from the Dump Site
Revised 06/18/2001
(Open Dump
-
1)
LPC #
inspection Date:
I
L
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition 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
P
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
i
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATEALANDFILL
x
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
-
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: (E) PCB;
(El)
CIRCUIT COURT
CASE_NUMBER:
ORDER ENTERED ON:
15.
OTHER:
E
E
El
El
El
El
U
Signature of Inspector(s)
Informational Notes
1.
Illinois Environmental Protection Act: 415 ILCS 5/4.
2.
Illinois Pollution Control Board: 35 Ill. 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 LOS 5/4(c) and (d).
6.
Items marked with an “NE” were not evaluated at the time of this inspection.
Revised 06/18/200 1
-
(Open Dump
-
2)
Illinois Environmental Protection Agency
Inspection Narrative
LPC#1250105007
-
Mason County
Inspection Date
—
8/12/04
Easton/Riggins Rust Ranch
Inspector
—
Jan Mier
FOS File
On
August 12, 2004,
I
conducted
a
re-inspection at the above-referenced site. The site is
owned by Chuck Riggins, who operates a business of selling antique tractors and tractor parts
out of his home. Mr. Riggins notified as a used tire storage facility on May 7, 2004. 1
arrived at 2:10 p.m. Mr. Riggins was not at home, so I began to walk the site. Rusted metal
and parts are still piled up throughout the site (see photo #001 and #002). Several buildings
on site are filled with used tires, farm equipment, metal and parts (see photo #003 and photo
#005).
Used tractor tires are kept on site for the rims (see photo #004). Equipment is kept on
site and is over grown with vegetation (photo #006 and #007). A wagon was filled with
rusted metal and parts (see photo #008). About a dozen vehicles not related to the antique
farm equipment are also on site (see photo #009, #011, and #017).
I told Mr. Riggins during my last inspection on May 5, 2004 that I was not as concerned
about the antique tractors as I was these vehicles and the piles ofrusted metal and parts, 1
understood that he had a legitimate business, but when vehicles are on site with small trees
growing through them (see photo #0 10, #0 14, and #0
15),
it appears that they have become a
waste. A farm wagon was observed with agricultural used tires on it (see photo #012). Some
ofthese used tires were offthe rim (see photo #0 13). What appeared to be an old chicken
coop was observed on a trailer (see #0 16). Near the house were used tires, metal and parts
(see photo #0 18).
Mr. Riggins returned home as I took my last photo. I asked if he had any receipts for
disposal since my last visit. He showed my four receipt from Alter Scrap Disposal dated
4/21 through 4/26/04. I asked if he had shown me those during my last inspection on 5/5104.
He replied that he may have. I asked why I hadn~tseen him at the Mason County tire
collection. He replied that he had given used tires to Greg Roberts and Sharon Bale to tal~e
in. I departed at 2:45 p.m.
I checked the list ofparticipants for the Mason County tire collection on June 12, 2004. Greg
Roberts brought in 40 used tires and Sharon Bale brought in 8 used tires. When I called the
telephone numbers listed on the Consensual Removal Agreements, Mr. Roberts’ number was
disconnected and Ms. Bales’ number was not in service.
cc: DLPC/FOS
—
Springfield Region
LPC # 1250105007
—
Mason County
EastonlRiggins Rust Ranch
FOS File
March 29, 1998 USGS Aerial Photo
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Measurements Approximate
Direction of Photo
—÷
Not
to
Scale
Date ofInspection:
8/12/04
Inspector:
Jan Mier
Site Code:
LPC#1250105007
County:
Mason
Site:
EastonlRiggins
Rust Ranch
Time:
2:10 p.m.
—
2:45 p.m.
NORTH
H
4
:~
‘-V
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1250105007
—
Mason County
Easton/Riggins Rust Ranch
FOS File
Date:
8/12/04
Time:
2:13 p.m.
Direction: NW
Photo by: Jan Mier
Photo File Name:
1250105007—08122004-001
Comments:
Rusted metal, vehicle
parts
and
lumber
Date: 8/12/04
Time: 2:13 p.m.
Direction: NE
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-002
Comments:
Rusted metal and vehicle parts
amid vegetation
.1
-
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1250105007
—
Mason County
Easton/Riggins Rust Ranch
FOS File.
Date: 8/12/04
Time: 2:14p.m.
-
Direction: NE
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-003
Comments:
Inside
shed shown in photo #002,
containing used tires, gas tanks,
vehicle parts, and rubber
Date: 8/12/04
Time: 2:15 p.m.
Direction: W
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-004
Comments:
Used tractortires on rim
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1250105007
—
Mason County
EastonLRiggins Rust Ranch
FOS File
Date: 8/12/04
Time:
2:15 p.m.
Direction: N
Photo by: Jan Mier
Photo File Name:
1250105007-08122004-005
Comments:
Used tractor tires offthe rim
Date: 8/12/04
Time: 2:16 p.m.
Direction: S
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-006
Comments:
Earth moving equipment amid
vegetation
Illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1250105007
—
Mason County
Easton/Riggins Rust Ranch
FOS File
Date: 8/12/04
Time: 2:17p.m.
Direction: SW
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-007
Comments:
Rusted equipment covered in
vegetation
Date: 8/12/04
Time: 2:18p.m.
Direction: NW
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-008
Comments:
Wagon with metal and hoses
illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1250105007
—
Mason County
Easton/Riggins Rust Ranch
FOS File
Date: 8/12/04
Time: 2:19 p.m.
Direction: SW
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-009
Comments:
Abandoned van with
tank and
farm
equipment
Date: 8/12/04
Time:
2:20
p.m.
Direction: S
Photo by: Jan Mier
Photo File Name:
1250105007-08122004-010
Comments:
Farm wagon with 4” tree growing
through it
and rusted parts
on truck
bed
illinois Environmental Protection Agency
Bureau of Land
-
-
DIGITAL PHOTOGRAPHS
LPC #1250105007
—
Mason County
Easton/Riggins Rust Ranch
FOS File
Date:
8/12/04
Time:
2:21 p.m.
Direction: W
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-011
Comments:
Pickup truck with rusted parts
Date: 8/12/04
Time: 2:24 p.m.
Direction: E
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-012
Comments:
Farm wagon with used tires both
on
and
offthe
rim
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1250105007
—
Mason County
Easton/Riggins Rust Ranch
FOS File
Date: 8/12/04
Time:
2:25
p.m.
Direction: E
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-013
Comments:
Used tires on top offarm wagon
in photo #012
Date: 8/12/04
Time:
2:27
p.m.
Direction: NE
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-014
Comments:
Rusted tractor
with trees growing
through it
Illinois
Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LIPC #1250105007
—
Mason County
Easton/Riggins Rust Ranch
FOS File
Date: 8/12/04
Time:
2:27
p.m.
Direction: SE
Photo by: Jan Mier
Photo File Name:
1250105007-08122004-015
Comments:
Rusted tractor with trees growing
through it
Date: 8/12/04
Time: 2:28 p.m.
Direction: SE
Photo by: Jan Mier
Photo File Name:
1250105007-08122004-016
Comments:
Dilapidated wooden structure
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1250105007
—
Mason County
Easton/Riggins Rust Ranch
FOS File
Date: 8/12/04
Time:
2:28
p.m.
Direction: E
Photo by:
Jan
Mier
Photo File Name:
1250105007-08122004-017
Comments:
Abandoned vehicles
Date: 8/12/04
Time: 2:33 p.m.
Direction: NW
Photo by: Jan Mier
Photo File Name:
1250105007-08122004-018
Comments:
Used
tires on rim, metal, hoses and
lumber
-~1
I-
1250105007-08122004.doc
PROOF OF SERVICE
I hereby certify that I did on the 29th day ofSeptember 2004, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copy ofthe following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Charles L. Riggins
10364 N. CR 2800 E
Easton, Illinois 62633
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
_____-
Michell 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
