RECE~VED
CLERK’S OFFICE
NOV 22 2004
STATE OF ILLINOIS
Pollution Control Board
INFORMATIONAL NOTICE 1!!
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 61794-9276.
If you elect to contest the enclosed Administrative citation, you must
file a
PETITION
FOR
REVIEW with thirty-five (35) days of the date
the Administrative Citation was served upon you. Any such Petition
for Review must be filed with the clerk of the Illinois Pollution Control
Board by either hand delivering or 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.
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV 22 2004
ADMINISTRATIVE CITATION
PollutionSTATE
OFControlILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
‘~6~-i~
Complainant,
)
AC
~‘
)
v.
)
(IEPA No.
567-04-AC)
)
NORTHERN ILLINOIS SERVICE
)
COMPANY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Northern Illinois Service Company
Attn: Wayne Klinger
4781 Sandy Hollow Road
Rockford, Illinois 61109
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.
Respectflully submitted,
\j~Lftt~Lp~
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: November 18, 2004
THIS FILING SUBMITI’ED ON RECYCLED PAPER
REC~JV~D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
NOV
OF
22
ILLINOIS
2004
ADMINISTRATIVE CITATION
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC:
V.
)
(IEPA No. 567-04-AC)
NORTHERN ILLINOIS SERVICE
)
COMPANY,
)
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 Northern Illinois Service Company (“Respondent”) is the present owner of a
facility located at 4960 Rockton Road, Roscoe, Winnebago County, Illinois. The property is
commonly known to the Illinois Environmental Protection Agency as Roscoe/Northem Illinois Service
Company (Roscoe Quarry).
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 2010405051.
•3.
That Respondent has owned said facility at all times pertinent hereto.
4.
That on October 4, 2004, Kaare Jacobsen of the Illinois Environmental Protection
Agency’s Rockford 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 Kaare Jacobsen during the course of his October
4, 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 21(p)(1) of the Act, 415 ILCS 5/2l(p)(1)
(2002).
-
(2)
That Respondent 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 21(p)(7) of the Act, 415 ILCS
5121(p)(7)
(2002).
CIVIL PENALTY
Pursuant to Seclion 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 Three Thousand Dollars ($3,000.00). If Respondent elects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no laterthan December 15,2004, unless otherwise provided byordërof the Illinois
Pollution Control Board.
If Respondentelects 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,
2
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1,500.00) statutory civil penalty for each
violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondent fails
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.
~
CL~4.~o~O
Date: _______
Renee Cipriano, Director ,4’~ ~-c_.c.
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
RECE
CLERK’S OFFICE
WED
REMITTANCE FORM
NOV 222004
ILLINOISPROTECTIONENVIRONMENTALAGENCY,
•
)
D
~-oIIu
STATE~
tion
OFControlILLINOISBoard
-
)
Complainant,
)
• AC
v.
)
(IEPA No. 567-04-AC)
NORTHERN ILLINOIS SERVICE
)
COMPANY,
)
Respondent.
)
FACILITY: Northern lL.Service Co. (Roscoe Quarry)
SITE CODE NO.:
2010405051
COUNTY:
Winnebago
CIVIL PENALTY:
$3,000.00
DATEOFINSPECTION:
October4,2004
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:
Northern Illinois Service Co.
Respondent.
)
)
)
)
IEPA DOCKET NO.
)
)
Notary Public
‘OFFICIAL SEAL”
TERESA LABUNSKI
Notary Public, State of Illinois
My
Commission Expires 1/10/2007
.01/ ~
-~
Affiant, Kaare Jacobsen, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is
a
field inspector employed by the Land Pollution Control Division ofthe
Environmental Protection Agency and has been so employed at all times pertinent
hereto.
2.
On October 4, 2004, between 10:12 a.m. and 10:25 a.m., Affiant conducted an
inspection of an open dump, located in Winnebago County, Illinois and known as
Northern Illinois Service Co. by the Illinois Environmental Protection Agency. Said
site has been assigned site code number LPC# 2010405051 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 of Affiant’ s
observations and factual conclusions with respect to said open dump.
Kaare Jacol
BPS III
Subscribed and Sworn to Before Me
this
/á~
day of
17 ~‘2~L1~-~’L
,
2004
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
LPC#:
2010405051
Roscoe/Northern Illinois Service Co. (Roscoe Quarry)
County:
Winnebago
____________________________
Region:
I - Rockford
Location/Site Name:
Date:
10/04/2004 Time: From 10:12 am To 10:25 am Previous Inspection Date: 07/15/2004
Inspector(s):
Jacobsen
Weather: 60 degrees
No. of Photos Taken:
-#
8
Est. Arnt. of Waste: 10,000 yds3 Samples Taken: Yes #
No ~
Interviewed:
Complaint #:
Responsible Party
Mailing Address(es)
and Phone
Number(s):
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
Li
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
Li
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
Li
4.
12(d)
•
CREATE A WATER POLLUTION HAZARD
•
Li
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
WithoutaPermit
Z
(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
8.
2l(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
Z
(2)
Scavenging
Li
(3)
Open Burning
• •
Li
(4)
Deposition_of Waste in_Standing_or_Flowing Waters
Li
(5)
Proliferation of Disease Vectors
Li
(6)
Standing or Flowing Liquid Discharge from the Dump Site
•
Li
Northern Illinois Service Co.
Attn: Wayne
Klinger
4781 Sandy
Hollow
Road
Rockford, IL 61109
815/874-4422
~-,
,~i
•-
4
Revised 06/18/200 1
(Open Dump
-
1)
LPC#
2010405051
Inspection Date:
October 4, 2004
(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
Li
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10.
812.1 01 (a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
Li
12.
808.121
SPECIAL WASTE DETERMINATION
Li
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
Li
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
/
Signature of Inspector(s)
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.
Revised 06/18/2001
(Open Dump
-
2)
2010405051
—
Winnebago County
Roscoe/Northern Illinois Service, Co. (Roscoe Quarry)
NARRATIVE INSPECTION REPORT
On October 4, 2004,1 (Kaare Jacobsen) conducted a follow-up inspection at a quarry owned
by Northern Illinois Service Co. located in Roscoe, Illinois. Originally, this was a complaint (C-04-
105R) brought to the attention of the Rockford Regional Office on May
5,
2004. The complaint
alleges that the companyhas been open dumping construction debris and landscape waste throughout
different locations ofthe quarry. The referenced facility is located at 4960 Rockton Road in Roscoe,
Illinois. Agency correspondence should be addressed to the owner/operator ofthe property, Wayne
Klinger, at 4781 Sandy Hollow Road, in Rockford, Illinois.
Upon arrival at 10:12 a.m., an attendant from Northern Illinois Service, Co. was on site
during the course ofthe inspection, but did not partake in the tour ofthe facilitywith me. During the
course ofthe inspection, located on the north central section ofthe quarry, was an estimated 10,000
yAs
ofunprocessed landscape waste (i.e. uprooted whole trees). Photographs 201040505 1—1
00404-004
through 006 indicatethe open dumped landscape waste on the premises. Approximately 290 meters
southeast from the pile of landscape debris and located on the southeast section was 150+ cubic
yards ofconcrete debris with protruding rebar. Photograph 2010405051-1 00404-007 faces northeast
indicating protruding rebar from clean construction or demolition debris.
Photograph
2010405051-100404-008 faces southwest indicating open dumped recyclable metals.
The
inspection concluded at 10:25 a.m. The following solid waste violations were cited during the
inspection: 21(a), 21(d)(1), 21(d)(2), 21(e), 2l(p)(l) and 21(p)(7) ofthe Environmental Protection
Act and 812.101(a) of35 Illinois Administrative Code.
The owner/operator ofNorthern Illinojs Service, Co, failed to properly dispose of trade
waste and remove all ofthe protruding rebar from the clean construction debris or demolition debris
from the quarry. Further- legal actions will be pursued in order to get this manner resolved.
t~
r~~
1~ui ~
c ‘~~-‘:‘l
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STATE CF ~LLIH0tS
ENVIRC~ENTALPR0TECTI0P~AGENCY
SITE SKETCH
Date of
Inspection: ~
c.4-~D1~c~’rL?i.2~O(il
Site Code:
Site Name: ~
~
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Inspector: ~
County:
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Time:
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—,
IL 532—1502
LPC
2~IJ
10I~
LPC #2010405051
—
Winnebago County
RoscoefNorthern
Illinois Service, Co.
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: 10-04-04
TIENLE:
10:13 a.m.
DIRECTION:
northwest
PHOTO by:
Jacobsen
PHOTO
FILE
NAME:
2010405051—100404-001
COMMENTS: landscape waste
DATE: 10-04-04
TIME: 10:13 a.m.
-
DIRECTION: southwest
PHOTO by:
Jacobsen
PHOTO
FILE
NAME:
2010405051—100404-002
COMi~LENTS:landscape waste
LPC # 2010405051
—
Winnebago County
Roscoe/Northern
Illinois Service, Co.
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
10-04-04
TIME: 10:14a.m.
DIRECTION: southwest
PHOTO by: Jacobsen
PHOTO FILE NAME:
2010405051-400404-003
COMMENTS: landscape waste
DATE:
10-04-04
TIME: 10:15 a.m.
-
DIRECTION: southeast
PHOTO by:
Jacobsen
PHOTO FILE
NAME:
2010405051-400404-004
COMMENTS: landscape waste
LPC # 2010405051
—
Winnebago County
Roscoe/Northern Illinois Service, Co.
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
10-04-04
TIME: 10:16a.m.
DIRECTION: east
PHOTO by:
Jacobsen
PHOTO
FILE
NAME:
201040505 1-400404-005
COMMENTS: landscape waste
DATE:
10-04-04
TIME:
10:17 a.m.
-
DIRECTION:
east
PHOTO by: Jacobsen
PHOTO FILE NAME:
2010405051—100404-006
COMMENTS: landscape waste
LPC # 2010405051
—
Winnebago County
Roscoe/Northern
Illinois
Service,
Co.
FOS File
DATE: 10-04-04
TIME:
10:20 a.m.
DIRECTION:
northeast
PHOTO by: Jacobsen
PHOTO
FILE
NAME:
2010405051—100404-007
COMMENTS: concrete with
protruding rebar
DATE:
10-04-04
TIME: 10:22a.m.
-
DIRECTION: southwest
PHOTO by:
Jacobsen
PHOTO
FILE NAME:
2010405051-400404-008
COMMENTS: open dumped
DIGITAL PHOTOGRAPH PHOTOCOPIES
-
~
I
recyclable metals
PROOF OF SERVICE
Thereby certify that I did on the 18th day ofNovember 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) entit1edADMINTSTRAT1VE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Northern Illinois Service Company
Attn: Wayne Klinger
4781 Sandy Hollow Road
Rockford, Illinois 61109
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
-
-
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
THIS FILING SUBMITTED ON RECYCLED PAPER
