INFORMATIONAL NOTICE! ! !
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 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 abovee 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).
RECEIVEDCLERK'S
OFFICE
FEB 0 2 2006
Polluti
STATE
n
OF
outrol
ILLINOISBoard
RECEIVIEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB 0 2 2006
ADMINISTRATIVE CITATION
Pollution
STATE OFControl
ILLINOIS
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA No . 4-06-AC)
HAROLD GRAVES,
)
Respondent .
)
NOTICE OF FILING
To :
Harold Graves
306 Beechwood Drive
Taylorville, Illinois 62568
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
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
: January 27, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB 0 2 2006
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
HAROLD GRAVES,
)
Respondent .
AC OV~
(]EPA No. 4-06-AC)
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 (2004) .
FACTS
1 .
That Harold Graves ("Respondent") is the present operator of a facility located
approximately 3 miles south of Illinois 16 and one mile from the Christian County Line in Tower Hill
Township, Section 32, located in Shelby County, Illinois
. The property is commonly known to the
Illinois Environmental Protection Agency as Tower Hill/Eilers-Graves .
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No . 1738220004 .
3.
That Respondent has operated said facility at all times pertinent hereto .
4.
That on December 15, 2005, Dustin Burger of the Illinois Environmental Protection
Agency's Champaign 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 Dustin Burger during the course of his December
15, 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 5121(p)(1)
(2004)
.
(2) That Respondent caused or allowed the open dumping of waste in a manner
resulting in the deposition of waste in standing or flowing waters, a violation of
Section 21(p)(4) of the Act, 415 ILCS 5/21(p)(4) (2004).
(3) That Respondent caused or allowed the open dumping of waste in a manner
resulting in the 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 .
5/21 (p)(7)
(2004).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), 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
Four Thousand Five Hundred Dollars ($4,500 .00)
.
If
Respondent elects not to petition the Illinois Pollution Control Board, the statutory civil penalty
2
specified above shall be due and payable no later than
February 28, 2006,
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 (2004), 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 .
Pursuant to Section 31 .1 (d)(1) of the Act, 415 ILCS 5/31 .1 (d)(1)
(2004), 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 (2004) . 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 .
"'0.,
JLC7W-"u('
Date: //i7/OL
uglas P
. Scott, Director Al „_rL-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
RECEIVED
CLERK'S
OFFICE
FEB 0 2 2006
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V .
)
(IEPA
No . 4-06-AC)
HAROLD GRAVES,
)
Respondent .
)
FACILITY:
Tower Hill/Eilers-Graves
SITE CODE NO
. :
1738220004
COUNTY:
Shelby
CIVIL PENALTY:
$4,500 .00
DATE OF INSPECTION
:
December 15, 2006
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.
REMITTANCE FORM
5
Subscribed and Sworn to before me
this 10th day of January,
2006 .
I A AI/ (A
14 11
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
:
)
Harold Graves,
)
IEPA DOCKET NO .
Respondent
)
Affiant, Dustin Burger, 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 December 15, 2005 between
8:40 A.M
. and 9 :10 A.M.,
Affiant conducted an
inspection of the site in Shelby County, Illinois, known as Tower Hill/Eilers-Graves, Illinois
Environmental Protection Agency Site No
.
1738220004 .
3 .
Affiant inspected said Eilers-Graves site by an on-site inspection which included
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 the Tower Hill/Eilers-Graves site
.
OFFICIA .
SHARON L 3ARGER
NOTARY PUBLIC -S TATE OF ILLINOIS
MY COMMISSION EXPIRES
. 09-16-06
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Shelby
LPC#
:
1 738220004
Region : 4 -
Champaign
Location/Site Name :
Tower Hill/Eilers-Graves
Date :
12/15/2005 Time: From 8 :40A
To 9:1 OA
Previous Inspection Date
: 12/02/2005
Inspector(s)
:
Dustin Burger
Weather :
Clear, snow, 30s
Est. Amt. of Waste
: 250
yds3
Samples Taken : Yes #
No
Mark Eilers, Owner : H
. Graves, Contractor Complaint #
: C06-054-CH
N39 .351 19
Longitude : W-89.00907
Collection Point Description
: Dump Location
- +/-253ft
Let
. : 41 .26493
Long . : -89.38294)
Collection Method : GPS
- Garmin 76s
No . of Photos Taken
: # 8
Interviewed :
Latitude :
(Example:
Responsible Party
Mailing Address(es)
and Phone Number(s) :
tevised 10/5/2005
Mark Eilers, Owner
Rural Route 1, Box 45
Tower Hill Illinois
62571
217/567-3377
(Open Dump - 1)
Harold Graves
306
Beach Wood Drive
Taylorville, Illinois
62568
217/287-2054
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 1L
f lIS'Ir,r-
3 tt r >
0
4. 12(d)
CREATE A WATER POLLUTION HAZARD
JAN
' 4 ?NOo
5 . 21 (a)
CAUSE OR ALLOW OPEN DUMPING
~~
6 . 21(d)
~
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, JOWASTE8I~POSAL
OPERATION :
(1)
Without a Permit
0
I
(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
~~
8. 21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
.
(1)
Litter
I
it
(2)
Scavenging
(3)
Open Burning
I
(4)
Deposition of Waste in Standing or Flowing Waters
~~
(5)
Proliferation of Disease Vectors
U
u
Standing or Flowing Liquid Discharge from the Dump Site
LPC #
1738220004
Inspection Date :
12/15/2005
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 10/5/2005
(Open Dump -
2)
(7)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
04
9 . 55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumpinq of Any Used or Waste Tire
(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
10. 812 .101(a) OPERATE A LANDFILL
11 .
722
.111
HAZARDOUS WASTE DETERMINATION
12. 808 .121
SPECIAL WASTE DETERMINATION
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
OTHER REQUIREMENTS , .
14.
APPARENT VIOLATION OF :( )PCB;( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15. OTHER :
Illinois Environmental Protection Agency
Bureau of Land+Field Operations Section +Champaign
LPC#1738220004--Shelby County
Tower Hill/Eilers-Graves
FOS File
Inspector : Dustin Burger
December 15, 2005 Inspection
GIS information : (N40.12056 W-88.64126 +/- 253 by Garmin 76s)
Narrative Inspection Report
I conducted an open dump complaint inspection of the above referenced facility on
December 15, 2005 from approximately 8 :40 to 9 :10 A.M. This inspection was
conducted to determine the regulatory status and evaluate compliance with the
Environmental Protection Act (Act) and Title 35 Illinois Administrative Code, Subtitle
G:
Land Pollution (Regulations)
. The weather was clear with a fresh layer of snow on the
ground, with temperatures in the high 30s
. Eight photos were taken during the visit . Mr.
Mark Eilers, the property owner, was not present at the site during the inspection, but I
later returned to the site with the demolition contractor, Harold Graves, to show him what
was being dumped
.
Champaign FOS received a complaint via the Springfield Regional Office from an
anonymous complainant stating that Harold Graves was demolishing the Pana Junior
High School and dumping the debris at two locations
. The Christian County Solid Waste
Department first investigated the complaint and found the waste had been dumped just
across the county line-in Shelby County, which was out of their jurisdiction
. The first
property was owned by Mark Eilers and is located approximately 3 miles south of Illinois
a Route 16 and one mile from the county line .
This property is owned by Mark Eilers, who I spoke with during my initial visit on
December 2, 2005 . During that inspection, Mr
. Eilers stated he was the owner of the site
and had been contacted by Harold Graves about dumping some clean demolition debris
to fill in a small pond that never held much water
. He was happy to receive the material,
but was unaware that material containing wood, metal, and other non-masonry materials
was not allowed as clean fill . He said the materials came
from the demolition of the Pana
Jr. high school in Pana, Illinois
. During the first inspection, I found the materials being
dumped did not meet the definition of clean construction and demolition debris under the
Environmental Protection Act since it contained considerable amounts of wood,
dimensional lumber, metal, and conduit
. I said the material needed to be removed to a
landfill .
Mr. Graves later called me to say he had sent a crew out to clean-up the Eilers site and
remove all the non-masonry materials and asked if he could continue to dump clean
LPC#1738220004-Shelby County
. Tower Hi(l/Eilers-Graves
December 15, 2005 Inspection
material into the pond . I replied in no-uncertain terms that ONLY clean, uncontaminated
bricks, concrete without rebar, and soils could be used as clean fill in the pond
. I told Mr.
Graves that I would be carefully inspect an debris at the site since this first loads that
arrived at the site were not even close to being considered clean C & D debris
. Graves
replied that he had three people working to remove all the wood and metal from the
bricks and nothing else would be dumped at the site .
I arrived at the Eilers site at approximately 8
:40 A.M. after an early-morning inspection
at a landfill
. As I arrived, a red dump truck bearing the license number 11117 was
leaving the site driveway as I pulled in . I parked near the dump site located around a
small pond and knocked on the door to attempt to talk with Mr . Eilers . When no one
answered, I took a closer look at the material that had been dumped .
One load of construction and demolition debris had been dumped on the surface of the
ground, while many more had been dumped into the pond, filling it approximately 2/3
full. Since I had observed the truck leaving as I arrived and the pile did not have an
accumulation of snow, I believe the surface pile had been freshly dumped a few minutes
before. The new pile contained bricks and concrete, but also contained dimensional
lumber, bits of black-coated insulation, metal, and some of the concrete had mastic still
stuck to the surface. In addition, some of the bricks were painted a light blue color
.
The additional material dumped into the pond also had metal and wood mixed in
. I saw
even more wood floating on the surface of the pond than the previous inspection, along
with what looked like a badly decomposed basketball and volleyball
. Wood was poking
out of the pile at many locations, and I observed the same concrete with mastic and
insulation in the pile .
After photographing the area, I drove into Pana to contact Mr
. Graves at the Junior High
School site
. As I arrived at the school, the same truck with the 11117 plate was leaving
the site
. I honked and flagged the truck down and asked it to return to the school, since I
did not want an additional load dumped that would later need to be removed
. At the
school I asked to see Harold Graves and met him a few minutes later
. When I introduced
myself and explained the reason I was there, Mr
. Graves first discussed how he was a
FEMA contractor working on the hurricane relief in Florida and FEMA had told the
USEPA to stop bothering his operations
. He said he had three men back from the
hurricane project to work on sorting the material at the school site so they could dump the
clean debris at the pond site
. He said Mr . Eilers was happy with what he was bringing
him and he didn't see why a few boards were much of a problem
.
I calmly explained that the material that he was dumping at the Eilers property was
mostly bricks and concrete, but there was still too much wood and metal in the material
.
I added that the most recent load included painted bricks, which do not met the definition
of "uncontaminated" in the Act . Mr
. Graves admitted there might be some painted
material in the recent loads, since he was working on a high wall in what used to be the
gym and some painted bricks from lower came down along with the unpainted ones
. I
told him that all the material at the pond would have to be removed to a properly
2
LPCR1738220004-Shelby County
Toner Hill/Eilers-Graves
December 15, 2005 Inspection
permitted landfill. I bluntly told him that I now had seen on two occasions that he could
not adequately sort the material coming from the school site and I doubted his ability to
properly sort the material in the future . He said he had sent crews to sort the material at
the Filers property and they had removed three truck-loads of wood and metal from the
piles
. He still refused to believe that there was any problem with the material he
delivered to the Eilers property . I replied that if his guys sorted the material, they were
doing a very poor job of the work . I added that since the Agency had a previous run-in
with him regarding another site, I told him that I would likely recommend he be fined
$4500 for open dumping construction debris into a pond
. I added that the decision was
not mine to make, but a committee at the Agency would make the actual decision on
whether any fines would be assessed, but I felt it was fair to tell him what the
consequences might be
. He then said he had never been in trouble with IEPA, and that
he was only a hauler in a previous case
. I stopped Mr . Graves before he went on too far
by saying I was not familiar with the other case, but the facts would be looked at by
Agency management when they decided what to do in the present case
.
We then agreed to drive out to the pond site and look at the debris there . When we .
arrived, he looked around and admitted there was wood, metal, insulation, and painted
bricks in the pile. He did not think it was a major problem and again offered to have his
employees pick out the unpermitted materials . He even offered to pay IEPA.to have an
inspector on-site to watch the progress
. I told Graves that there was too much extraneous
materials to sort through, and then proceeded to pick some of the wood from the face of
the fill and toss them up on the surface . I picked up wood, insulation, and mastic material
from one small area in the pile and tossed them where he could see them at his feet
. I
stated that if he was paying people to sort through
the material, then he was wasting his
money because they were no doing their jobs
. As we walked back to our vehicles, I
noted some dimensional lumber and plywood from the demolition debris piles had been
placed on a small bum pile with some logs, likely by the owner of the property
.
Mr. Graves said he had delivered approximately 53 loads to the site and said it would
cost $30,000 to dispose of the materials at the landfill
. I replied that the material should
have been taken to the landfill in the first place, or his employees should have been more
careful sorting the waste at the site
. I told him that, technically, it was illegal to sort the
waste at any site except the site where it was generated
.
Mr
. Graves said he would send more employees to pick out the offending wood and
metal, and then he would have his attorney look at the pond area
. I again reiterated that
all the waste would need to be removed to a landfill
. I advised him not to attempt to pick
up the surface wood and debris, and then show his attorney a "clean site" to demonstrate
that the place was back in compliance . I said if he wanted to
give his attorney an
accurate picture of what the property looks like, he should show it to him as it was
. Mr.
Graves then gave me his business card for Harjoy Inc
. and I left the site .
On December 21, 2005, I received via e-mail, a report from Dale Halford IEPA/BOA that
was forwarded by Dave Jansen at the Agency's Springfield Office
. Dale said he had
watched the demolition job at the Pana school looking for asbestos problems
. He saw
3
LPC#!738220004-Shelby County
Tower Hill/Filers-Graves
December 15, 2005 Inspection
workers at the site burning wood waste in a burn barrel at the site
. When a truck load of
demolition waste left the site, he followed it to another location owned by Mr
. Graves
near the Kincaid Power Station, where it dumped its load
. Dale did not enter to property
to look closely at the load, but he suspected it might not be clean debris .
I called Triple A Asbestos Service Inc
. in Pana, Illinois on December 21, 2005
. Triple A
was the general contractor for the school demolition project, and they hired Mr
. Graves as
a subcontractor to demolish the building after the asbestos was removed
. When I called, I
reached Judy Austif, the spouse of the owner, Lee Austif
. She had Lee call me back after
highly
a meeting
displeased
and I told
with
Mr
.
MrAustif
. Gravesabout
. He
our
said
recent
Graves
investigation
told him the
of Mrproblem
. Graveswith
. Austif
the Shelbywas
Austif
county site
said
had
Mr
.
been
Graves
handled
knew how
to my
to
satisfaction,
properly dispose
and
of
he
the
should
materials,
not be concernedand
he had
.
givenMr
.
Graves a copy of the statue with the definition of clean construction and demolition
debris . Mr
. Austif said he had negotiated with Five Oaks Landfill to get a rate of $28 per
ton for the project as opposed to the normal $45 per ton the landfill charged
. Austif said
the project was bid out, and all the contractors had thought approximately 35-40%
.of the
masonry material could be recycling, including Mr . Graves
. I then told Mr . Austif that
we had unconfirmed reports that Graves had hauled additional material to his property
near the Kincaid power plant, but I did not yet have confirmation whether the . material
was clean or not
. Austif said he would drive to the school site immediately and talk to
Mr
. Graves .
Mr
. Austif called later the same day to tell me he had spoken to Mr . Graves. He said
Graves said there were a "few sticks" in the material dumped at the Shelby County pond
.
Austif replied that a "few sticks" were still too many and that he was not going to get
paid until all the material dumped was removed to the landfill . He added that all the
material from the Pana School would have to be removed to the landfill, whether Graves
thought it was clean or-not
. He said if Graves could not sort it properly, then it would all
be treated as waste
. Austif added that if there was anything else the Agency needed, he
would be happy to help
. He said he always operated his business in compliance and
would not stand for anyone he was involved with to break the law .
When I returned from holiday vacation, I received e-mails from the Springfield Regional
Office stating they had inspected Mr
. Graves property near the power plant and had
found general construction and demolition debris at the site . The photos they e-mailed
showed bricks painted light blue identical to the bricks I observed both at the school and
at the Eilers property
. Their reports will be filed separately .
Regulated Status
This site s regulated as an open dump
.
4
LPCY./738220004-Shelby County
Tower Hill/Eilers-Graves
December 15, 2005 Inspection
Summary of Apparent Violations
5
1 . Pursuant to Section 12(a) of the Act states that no person shall cause or threaten
or allow the discharge of any contaminants into the environment in any State so as
to cause or tend to cause water pollution in Illinois, either alone or in combination
with matter from other sources, or so as to violate regulations or standards adopted
by the Pollution Control Board under this Act.
A violation of Section 12(a) of the [Illinois] Environmental Protection Act (415
ILCS 5/12(a)) is alleged for the following reason
: Waste was observed dumped in
and around water, which would cause or tend to cause water pollution in
Illinois.
2 . Pursuant to Section 12(d) of the Ac, no person shall deposit any contaminants
upon the land in such place and manner so as to create a water pollution hazard
.
A violation of Section 12(d) of the [Illinois] Environmental Protection Act (415
ILCS 5/12(d)) is alleged for the following reason
: Wastes were observed
deposited upon the land in a manner so as to create a water pollution hazard
.
3
. Pursuant to Section 21(a) of the Act, no person shall cause or allow the open
dumping of any waste .
A violation of Section 21(a) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(a)) is alleged for the following reason
: Wastes were observed open
dumped at this site .
4. Pursuant to Section 21(d)(1) of the Act ,
in relevant part, 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 conditions imposed by such permit,
including periodic reports and full access to adequate records and the inspection of
facilities, as may be necessary to assure compliance with this Act and with
regulations and standards adopted there under
.
A violation of Section 21(d)(1) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(d)(1)) is alleged for the following reason
: Evidence that a waste-
disposal operation was being operated without a permit was observed
.
5
. Pursuant to Section 21(d)(2) of the Act, no person shall conduct any waste-
storage, waste-treatment, or waste-disposal operation in violation of any regulations
or standards adopted by the Board under this Act
.
A violation of Section 21(d)(2) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(d)(2)) is alleged for the following reason
: Evidence that a waste
disposal operation was being conducted in violation of the regulations was
observed.
LPCKI738220004-Shelby County
Tower Hill/Eilers-Graves
December 15, 2005 Inspection
6
6. Pursuant to Section 21(e) of the 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 of
this Act and of regulations and standards there under .
A violation of Section 21(e) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(e)) is alleged for the following reason : Evidence that waste is being
transported and disposed of at this site which does not meet the requirements
of the Act or Regulations was observed .
7. Pursuant to Section 21(p) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(p)), no person shall, in violation of subdivision (a) of this Section[2l],
cause or allow the open dumping of any waste in a manner which results in
1 .
litter;
2 .
scavenging;
3.
open burning;
4
. deposition of waste in standing or flowing waters
;
5.
proliferation of disease vectors ; or
6. standing or flowing liquid discharge from the dump site
.
7.
deposition of:
(i) general construction or demolition debris as defined
in Section 3 .78 of this Act; or
(ii) clean construction or demolition debris as defined
in Section 3
.78a of this Act .
The prohibitions--specified in this subsection (p) shall be enforceable by the Agency
either by administrative citation under Section 31
.1 of this Act or as otherwise
provided by this Act
. The specific prohibitions in this subsection do not limit the
power of the Board to establish regulations or standards applicable to open
dumping .
A violation of Section 21(p) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(p)) is alleged for the following reason
: Evidence of open dumping
with (1) litter, (4) deposition of waste in standing or flowing
water, and (7) deposition of general construction and demolition debris was
observed during this inspection
.
LPC#1738220004-Shelby County
Tower HillEilers-Graves
December 15, 2005Inspeclion
7
8. Pursuant to Section 812.101(a), all persons, except those specifically exempted
by Section 21(d) of the Environmental Protection Act (Act) (Ill
. Rev. Stat. 1991, ch .
111 1/2, 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 applications must contain the
information required by this Subpart and by Section 39(a) of the Act, except as
otherwise provided in 35 Ill . Adm. Code 817.
A violation of 35 Ill
. Adm. Code 812.101(a) is alleged for the following reason
:
Evidence of the operation of a landfill was observed
. The site does not have a
permit to operate a sanitary landfill.
LPC#173"0220005--Shelby County
Tower HilL'Eilers-Graves
December 15, 2005 Inspection
North
Site Sketch
Numbers denote photo IocationDirection
Not to scale
A4achine Shed
Residence
Driveway
Pond
C & D Debris
Newly dumped pile
18
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CHEMICALS* RENTAL SPREADERS
BULK-BLEND FERTILIZER* CUSTOM APPLICATION
LIQUID MIXED FERTILIZER* 28% LIQUID NITROGEN
LIME * ANHYDROUS
P .O
. BOX 211, TOWER HILL, ILLINOIS 62571
Phone
: (217) 567-3142
SHELBYVILLE - (217) 774-3901
STEWARDSON - (217) 682-3238
Illinois Environmental Protection Agency
Bureau of Land
LPC #1738220005--Shelby County
Tower Hill/Eilers-Graves
FOS File
DATE: December 15, 2005
TIME
: 8:20
A.M.
DIRECTION : South
PHOTO by: Dustin Burger
PHOTO FILE NAME:
1738220004-12152005-003 .jpg
COMMENTS:
DATE: December 15, 2005
TIME: 8:20 A.M
.
DIRECTION : West
PHOTO by: Dustin Burger
PHOTO FILE NAME:
1738220004-12152005-004
.jpg
COMMENTS :
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC #1738220005-Shelby County
Tower Hill/Eilers-Graves
FOS File
DATE
: December 15, 2005
TIME: 8:20
A.M.
DIRECTION: South
PHOTO by
: Dustin Burger
PHOTO FILE NAME
:
1738220004-12152005-001
.jp9
COMMENTS:
DATE
: December 15, 2005
TIME: 8:20 A.M
.
DIRECTION
: South
PHOTO by
: Dustin Burger
PHOTO FILE NAME
:
1738220004-12015005-002.jpg
COMMENTS
:
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC #1738220005-Shelby County
Tower Hill/Eilers-Graves
FOS File
DATE: December 15, 2005
TIME
: 8:20 A.M
.
DIRECTION : South
PHOTO by: Dustin Burger
PHOTO FILE NAME
:
1738220004-12152005-005.jpg
COMMENTS:
DATE: December 15, 2005
TIME: 8:20 A.M .
DIRECTION : North
PHOTO by: Dustin Burger
PHOTO FILE NAME:
173822000412152005-006 .jpg
COMMENTS
:
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC #1738220005-Shelby County
Tower Hill/Eilers-Graves
FOS File
DATE: December 15, 2005
TIME: 8 :20 A.M.
DIRECTION : South
PHOTO by: Dustin Burger
PHOTO FILE NAME:
1738220004-12152005-007.jpg
COMMENTS:
DATE: December 15, 2005
TIME: 8:20 A.M.
DIRECTION : Down
PHOTO by: Dustin Burger
PHOTO FILE NAME :
1738220004~12152005-008.jpg
COMMENTS:
DIGITAL PHOTOGRAPHS
PROOF OF SERVICE
I hereby certify that I did on the 27th day of January 2006, 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 of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To :
Harold Graves
306 Beechwood Drive
Taylorville, Illinois 62568
and the original and nine (9) true and correct copies of the 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
