IT IS IMPORTANT
THAT YOU READ THENOTICE!!!ENCLOSED DOCL~flENTS.
RECEIVED
IEP4/g~i
Illinois
Environmental
Protection
Agency
DIGITAL PHOTOGRAPHS
DIGITAL PHOTOGRA PHS
DIGITAL PHO TOGRAPHS

RECE~VEP

CLERK’SOFFICE

MAY 2320G5

STATE OF ~LL~Ot

IT IS IMPORTANT

INFORMATIONAL

THAT YOU READ THENOTICE!!!ENCLOSED DOCL~flENTS.

poflution

Vc7~

Contr0~93 ~

NOTE:

This

Administrative

CitatiOn refers to TWO separate State

of Illinois Agencies. One is the

ILLINOIS POLLUTION

CONTROL

BOARD located at James R. Thompson

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.

Any person other than individuals MUST appear through an attorney-

at-law licensed and registered to practice law. Individuals may

appear on their own behalf,or through an attorney. 35 III. Adm.

Code 101.400(a).

RECE WED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

MAY

232005

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

PROTECTIONILLINOIS

ENVIRONMENTALAGENCY,

))

Pollution Control Board

Complainant,

)

(L)

)

(EPA No. 161-05-AC)

)

GENE BREEDEN,

)

Respondent.

)

NOTICE OF FILING

To:

Gene Breeden, Owner

G&D Salvage

P.O. Box 386

Loda, Illinois 60948

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 ADMINTSTRATIVE

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: May 19, 2005

THIS FILING SUBMITTED ON RECYCLED PAPER

RECEWED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

ADMINISTRATIVE CITATION

MAY 232005

ILLINOIS ENVIRONMENTAL

)

PollutionSTATE

OFControlILLINOISBoard

PROTECTION AGENCY,

)

Complainant,

)

AC ~

)

(IEPA No. 161-05-AC)

GENE BREEDEN,

)

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

That Gene Breeden (“Respondent”) is the present owner and operator of a facility

located at 104 W. Lincolh Street, Loda,’Iroquois County, Illinois. The property is commonlyknown

to the Illinois Environmental Protection Agency as Loda/G & D Salvage.

That said facility is an open dump operating without an Illinois Environmental

Protection Agency Operating Permit and is designated with Site Code No. 0750550001.

That Respondent has owned and operated said facility at all times pertineritherelo.

That on April 25, 2005, Curt White of the Illinois Environmental Protection Agency’s

Champaign Regional Office inspected the above-descrthed~faci!~ty.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 Curt White during the course of his April 25, 2005

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 512l(p)(l)

(2002).

(2)

That Respondent caused or allowed the open dumping of waste in a manner

resulting in open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS

5121(p)(3)

(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, fora total of Three Thousand Dollars ($3,000.00). If Respondent elects

not to petition the Illinois Pollution Control Board, the statutory civil penaltyspecified above shall be

due and payable no later than .JuIy 15, 2005, unless otherwise provided by order of the Illinois

Pollution Control Board.

If Respondentelects to contest this Administrative Citation by petitioning i.heUlinoisPollution

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~aIegedherein, after an adjudicatory hearing,

Respondent shall be assessed the associated hearing costsincurred 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 Respondentfails

to petition orelects notto petition the Illinois Pollution Control Board forreviewofthisAdministrative

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 thetime prescribed by orderof 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.

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.

1~’e,~C ~

Date: ~

(03

Renee Cipriano, 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

RECEIVED

CLERK’S OFFICE

REMITTANCE FORM

MAY 23 2005

ILLINOIS ENVIRONMENTAL

)

PollutiOn Control Board

PROTECTION AGENCY,

)

Complainant,

)

(IEPA No. 161-05-AC)

GENE BREEDEN,

)

Respondent.

FACILITY:

Loda/G & D Salvage

SITE CODE NO.:

0750550001

COUNTY:

Iroquois

CIVIL PENALTY:

$3,000.00

DATE OF INSPECTION:

April 25, 2005

DATE REMITTED:

SSIFEIN 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.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

AFFIDAVIT

IN THE MATTER OF:

)

IEPA DOCKET NO.

)

Respondent

)

Affiant, Curt White, being first duly sworn, voluntarily deposes and states as follows:

1. Affiant is a field inspector employed by the Land Pollution Control Division of the

Illinois Environmental Protection Agency and has been so employed at all times pertinent

hereto.

2. On April 25, 2005, between 1:20 P.M. and 1:45 P.M., Affiant conducted an inspection

ofthe site in Iroquois County, Illinois, known as the LodaIG & D Salvage site, Illinois

Environmental Protection Agency Site No. 0750550001.

3. Affiant inspected said G & D Salvage site by an on-site inspection, which included,

walking the site.

4. As a result of the activities referred to in Paragraph 3 above, Affiant completed the

InspectionReport form attachedhereto and made a part hereof, which, to the best ofAffiant’s

knowledge and belief, is an accurate representation of Affiant’s observations and factual

conclusions with respect to the G & D Salvage site.

Subscribed and Sworn to before me

this

dayofJJ~—(

2005.

Notary Public

OFFICIAL SEAL

SHARON LBARGER

NOTARY PUBLIC . STATE OF ILLINOIS

MY COMMISSION EXPIRES’ 09-16-06

ILLINOIS ENVIRONMENTAL .PROTECTION AGENCY

Open Dump Inspection

Checklist

LPC#:

Loda/G &DSalvage

Gene Breeden, Owner

G

& D Salvage

P0 Box 386

Loda, IL 60948

217/386-2852

County:

Iroquois

0750550001

Location/Site Name:

Date:

4/25/05

Time: From 1:20 pm

To 1:45 pm

Previous Inspection Date: 4/2/03

Inspector(s):

Curt White

Weather: Sunny_&_65°_F

No. of Photos Taken: # 5

Est. Amt. Of Waste: 100

yds3 Samples Taken: Yes #

Interviewed:

Gene Breeden, Owner

Complaint#: C05-162-CH

Region:

4 - Champaign

Responsible Party

Mailing Address(es)

and Phone

Number(s):

NoX

RECEIVED

MAy 052005

‘.

IEP4/g~i

SECTION

DESCRIPTION

‘

VIOL

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS

,‘

9(c)

CAUSE OR ALLOW OPEN BURNING

12(a)

CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS

12(d)

CREATE A WATER POLLUTION HAZARD

Eli

21(a)

CAUSE OR ALLOW OPEN DUMPING

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL

OPERATION:

- -

(1)

WithoutaPermit

(2)

In Violation of Any Regulations or Standards Adopted ‘by the Board

21(e)

DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY

21(p)

CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS

‘

(1)

Litter

(2)

Scavenging

(3)

OpenBurning

. 0 -

, X

(4)

Deposition of Waste in Standing or Flowing Waters

‘

(5)

Proliferation of Disease Vectors

‘

LII

(6)

Standing or Flowing Liquid Discharge from the Dump Site

evised 06/18/2001

(Open Dump

LPC

0750550001-Iroquois County

(7)

Deposition of General Construction or Demolition Debris; or Clean Construction or

55(a)

NO PERSON SHALL:

(1)

Cause or Allow Open Dumping of Any Used or Waste Tire

-..

Cause or Al~wOpen Burninq of Any Used or Waste Tire

35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS

SUBTITLE G

10.

812.101(a)

FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND

OPERATEALANDF1LL

11.

722.111

HAZARDOUS WASTE DETERMiNATION

12.

808.121

SPECIAL WASTE DETERMINATION

13.

809.302(a)

ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTERWITHOUT A

WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND

PERM1TAND!ORMANIFEST

= .,

—

OTHER REQUIREMENTS

14.

APPARENT VIOLATION OF: (El) PCB; (Lii) CIRCUIT COURT

CASE NUMBER:

ORDER ENTERED ON:

15.

OTHER:

.‘

Informational Notes

Illinois Environmental Protection Act: 415 ILCS 5/4.

Illinois Pollution Control Board: 35 III. Adm. Code, Subtitle G.

Statutory and regulatory references herein are provided for convenience only and should not be construed as legal

conclusions of the Agency or as limiting the Agency’s statutory or regulatory powers. Requirements of, some statutes

and regulations cited are in summary format. Full text of requirements can be found in references listed in 1. and 2.

above.

The provisions of subsection (p) of Section 21 of the Illinois Environmerifal 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.

‘ ,

This inspection was conducted in accordancewith Sections 4(c) and 4(d) of the Illinois Environmental Protection Act:

415 ILCS

5/4(c)

and (d).

Items marked with an

“NE”

were not evaluated at the time of this inspection.

Inspection Date:

4/25/2005

~‘/~‘~ignature

of lnspector(s)

Revised 06/18/2001

(Open Dump

Illinois Environmental Protection Agency

Bureau of Land +Field Operations Section+Champaign

LPC #0750550001—Iroquois County

LodaIG&DSalvage

FOS

~~‘~‘o

Inspector: Curt White

Insp. Date: 4/25/05

Complaint #C05-162-CI1

GIS Data: Latitude-N40.50880°,Longitude-W88.07744°(Gar.min GPSmap 76S)

INSPECTION REPORT

NARRATIVE

Curt White ofDLPC/FOS Champaign Regional Office inspected this site on April 25, 2005. The

weather conditions during this inspection were sunny and 63°F. An interview ofGene Breeden,

Owner and Operator ofthe site was conducted during this inspection. The inspection was

conducted as a result of a citizen complaint.

The site is located at 104 W. Lincoln Street, Loda, IL. Gene & Dianne Breeden own the site.

Mr. Breeden will be the only respondent. The mailing address for G & D Salvage is Gene

Breeden, P0 Box 386, Loda, IL 60948-0386. The ownership was determinedby obtaining a

copy ofthe deed to the property from the Iroquois County Recorder’s Office. A copy of the deed

is attached to this report.

This inspection was conducted in accordance with Sections 4(c) and (d) ofthe Illinois

Environmental Protection Act (“Act”). The purpose of this inspection was to determine if the site

is in compliance with the Act and Regulations.

SITE HISTORY

Kent Johnson, EPA Champaign Regional Office, originally inspected this site on November 16,

1994. An “Administrative’ Warning Notice” dated January 11, 1995 was sent to Mr. Breeden for

open burning and dumping violations. According to U.S. Postal Service it was received by

certified mail on January 13, 1995. A response was received from Mr. Breeden dated January

26, 1995 stating the open dumping & burning has stopped along with three disposalreceipts. An

Agency response letter dated March 16, 1995 was sent to Mr. Breeden indicating that the Agency

has received additional information indication that open burning has occurred at his facility since

the initial inspection. The response letter reminded Mr. Breeden “nothing is to be open burned at

this site at any time”. Mr. Johnson conducted another inspection on December 7, 1995 and cited

no violations. In the “Return to Compliance” dated May 24, 1996 Mr. Breedenwas again

reminded that the “open burning oftires or any other waste (with few exceptions) at this or any’

other site is in violation of the Environmental Protection Act”. The site was again inspected on

April 2, 2003 by Kenneth Keigley, EPA, Champaign Regional Office. A “Violation Notice”

dated May 9, 2003 was sent to Mr. Breeden citing tire violations and litter. No open burning

violations were cited. Mr. Breeden sent in a “VN Response” and it was accepted by this Agency

in a “Compliance Commitment Acceptance” letter dated May 30, 2003. No “Follow-Up”

inspection has been conducted.

APRIL

25, 2005 INSPECTION FINDINGS

I arrived on the propertyat 1:20 pm and introduced myself to Mr. Breeden. I told him I was there

to investigate a complaint about open burning at the site. Mr. Breeden stated a boat caught on

fire at the site. I asked Mr. Breeden how the boat caught on fire. Mr. Breeden didn’t know so we

asked the employee who was present at the area when the boat caughtfire. He stated he pushed

the boat along with some pallets onto a pile and it caught fire. He didn’t know how it started.

We proceeded to the where the boat had burned. I observed a 50’ x

25’

x 3’ burn pile (see

photos 1 & 4) that contained ash, charred metal, the boat (see photo 2), cans, wire and other

wastes (see photos 3 &

5).

‘The waste pile still had smoke coming from it. I stated to Mr.

Breeden the fire would need to be extinguished. Mr. Breeden told an employee to bring the hi-ho

down and extinguish the fire by covering it with dirt. I stated to Mr. Breeden that it appeared that

a lot more than just a boat had been previously burned and that as a business no trade waste or

any other waste besides landscape waste generated on site could be burned at the site. I also

observed several used tires not on rims at the site. I informed Mr. Breeden that all used tires not

on rims need to be properly disposed or altered to prevent water accumulation. Mr. Breeden

stated he would have all used tires not on rims removed and properly disposed at Mr. B’s in

Thomasboro, IL. I left the site at 1:45 pm.

Summary ofViolations

Environmental Protection Act. 415 ILCS 5/1 et. seq. (formerly Ill. Rev. Stat. Ch. ill

Y2,

1001 et.

seq.) hereinafter called the “Act”

Pursuant to Section 9(a) ofthe Illinois Environmental Protection Act (415 ILCS

5/9(a)),

no person shall cause ofthreaten or allow the discharge or emission of any contaminant

into the environment in any State so as to cause or tend to cause air pollution in Illinois,

either alone or in combination with contaminants from other sources, or so as to violate

regulations or standards adopted by the Board under this Act.

A violation ofSection 9(a) is alleged for the following reason: Evidence

of open

burning, which

would

cause

or tend

to cause air

pollution in

Illinois was observed

during the inspection.

‘

- -

Pursuant to Section 9(c) ofthe Illinois Environmental Protection Act (415 ILCS

5/9(c)),

no person shall cause or allow th~open burning of refuse, conduct any salvage operation

by open burning, or cause or allow the burning of any refuse in any chamber not

specifically designed for the purpose and approved by the Agency pursuant to regulations

adopted by the Board under this Act.

A violation ofSection 9(c) is alleged for the following-reason:

Evidence of open

burning of

refuse was observed during

the inspection.

‘• .

Pursuant to Section 21(a) of the Act. No one shall cause or allow the open dumping ofany

waste.

A violation ofSection 2 1(a) is alleged forthe following reason: Evidence

ofopen dumping

ofwaste was observed at the site during the inspection.

Pursuant to Section 21(d)(1) of the Illinois Environmental Protection Act (415 ILCS

5/21(d)(1)), no person shall conduct any waste-storage, waste-treatment, or waste-disposal

operation without a permit granted by the Agency or in violation of any condition imposed

by such permit.

A violation of Section 21(d)(1) is alleged for

the following reason: Waste was disposed

without a permit granted by the Illinois EPA.

Pursuant to Section 21(d)(2) of the Illinois Environmental Protection Act (415 ILCS

5/21 (d)(2)), no person shall conduct any waste-storage, waste-treatment, or waste-disposal

operation in violation ofany regulations or standards adopted by the Board under this Act.

A violation of Section 21(d)(2) is alleged for the following ‘reason: A waste disposal

operation

was

conducted in violation ofregulations adopted by the Illinois Pollution

Control Board.

Pursuant to Section 2 1(e) ofthe Act. No person shall dispose, treat, store, or abandon any

waste, or transport any waste into this State for disposal, treatment, storage or abandonment

except at a site or facility which meets the requirements ofthe Act and ofRegulations and

Standards thereunder.

A violation ofSection 2 1(e) is alleged for thefollowing reason: Evidence ofwastes disposal

was observed during the inspection ofthe site, which does not meet the requirements of

the Act and regulations thereunder.

Pursuant to Section 21(p)(1) of the Act. No one shall cause or allow the open dumping of

any waste in a manner, which results in litter at the dumpsite.

A violation of Section 21(p)(1) is alleged for the following reason:

Evidence of open

dumping of waste was observed at this site, which resulted in litter.

Pursuant to Section 21(~p)(3)of the Illinois Environmental Protection Act (415 ILCS.

5/21Q)(3)), no person shall, in violation ofsubdivision (a) of this Section, cause or allow

the open dumping ofany waste in a manner which results in open burning.

A violation ofSection 21 (p)(3) is alleged for the following reason:

The open dumping of

waste was caused or allowed in a manner, which resulted in open burning.

35 Illinois Administrative Code. (Title 35: Environmental Protection, Subtitle G: Waste Disposal,

Chapter I: Pollution Control Board) Regulations

Pursuant to 35 Ill. Adm Code 812.101(a), All persons, except those specifically exemptedby

Section 21(d) ofthe Environmental ProtectionAct (Act) (Ill. Rev. Stat. 1991, ch. 111 ‘/~,par.

1021(d)) 415 ILCS 5/21(d), shall submit to the Agency an application for a permit to.

develop and operate a landfill. The application must contain the information requiredby this

Subpart and by Section 39(a) ofthe Act, except as otherwise provided in 35 Ill. Adm. Code

817.

‘

A violation of35 Ill. Adm. Code 812.101(a) is alleged for the following reason: This waste

management site has not submitted an application to the Agency for a permit to

develop and operate a landfill.

Illinois

Environmental

Protection

Agency

LPC

#0750550001--Iroquois

County

Loda

Salvage

Insp.

Date

4/25/05

Site

Photos

Photol@