BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

1

Complainant,

)

1

v

)

PCB No. 06-177

)

SHERIDAN SAND

&

GRAVEL CO.,

1

)

Respondent.

)

FIRST AMENDED ANSWER AND AFFIRMATIVE DEFENSES

Respondent,

SHERDAN SAND

&

GRAVEL CO. ("SHERIDAN or "Sheridan

S

&

G"), by its attorney, KENNETH ANSPACH, pursuant to 35 111.Adm.Code

103.204(d), for its First Amended Answer and Affirmative Defenses to the Complaint

("Complaint") of complainant, PEOPLE OF THE STATE OF ILLINOIS (the "STATE

or "State"), alleges and avers as follows:

COUNT I

ALLEGED FAILURE TO REGISER

1. This complaint is brought on behalf of the People of the State of Illinois,

ex

rel..

LISA MADIGAN, Attorney General of the State of Illinois, on her own motion and

at the request of the Illinois Environmental Protection Agency ("Illinois EPA"), against

SHERIDAN SAND

&

GRAVEL CO., pursuant to the terms and conditions of Section 3 1

of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31 (2004).

ANSWER:

SHERIDAN ADMITS that this complaint is brought on behalf of the

People of the State of Illinois,

ex rel.

LISA MADIGAN, Attorney General of the State of

Illinois, at the request of the Illinois Environmental Protection Agency ("Illinois EPA"),

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

and DENIES that this complaint is brought on behalf of the People of the State of Illinois,

ex

rel, LISA MADIGAN, Attorney General of the State of Illinois, on her own motion.

2. The Illinois EPA is an administrative agency established in the executive

branch of the State government by Section 4 of the Act, 415 ILCS 514

(2004), and is

charged, inter alia, with the duty of enforcing the Act.

ANSWER:

SHERIDAN ADMITS that the Illinois EPA is an administrative

agency established in the executive branch of the State government by Section 4 of the

Act, 415 ILCS

514 (2004), and DENIES the remaining allegations of paragraph 2.

3. Respondent SHERIDAN SAND

&

GRAVEL CO. ("Sheridan S

&

G), is an

Illinois corporation duly authorized to transact business in Illinois, Sheridan S

&

G owns

and operates a sand and gravel mine located

at 2679 North 4201 Road, Sheridan, LaSalle

County, Illinois ("Site"). The Site consists of approximately 291.56 acres.

ANSWER:

SHERIDAN ADMITS the allegations of paragraph 3.

4. On April 19, 2005, the Illinois EPA and the LaSalle County Environmental

Services

&

Land Use Department ("LaSalle County Environmental Department")

conducted an inspection of the Site. During the inspection, the Illinois EPA inspectors

observed approximately 500 used and waste tires at the Site.

ANSWER:

SHERIDAN has no knowledge sufficient to form a belief regarding

the allegations that on April

19,2005, the Illinois EPA and the LaSalle County

Environmental Department conducted an inspection of the Site.

SHERIDAN DENIES

the remaining allegations of paragraph 4.

5. The tires were stored inside

(7) uncovered roll-off boxes and two (2)

uncovered semi-trailers.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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ANSWER: SHERIDAN DENIES the allegations of paragraph 5.

6. The tires that were off the rims were stored inside the roll-off boxes and semi-

trailers and contained water..

ANSWER:

SHERIDAN DENIES the allegations of paragraph 6.

7. Tires located outdoors can fill with water from precipitation events and

provide breeding habitat for mosquitoes.

ANSWER:

SHERIDAN has no knowledge sufficient to form a belief regarding

the allegations that tires located outdoors can fill with water from precipitation events and

provide breeding habitat for mosquitoes.

8. On May 4,2005, Illinois EPA sent a Violation Notice ("VN) to Sheridan S

&

G, advising Respondent that the accumulation of tires at the Site constituted violations of

the Act and Board regulations.

ANSWER:

SHERIDAN ADMITS the allegations of paragraph 8.

9. On June 6,2005, the LaSalle County Environmental Department visited the

Site and observed that the used and waste tires had been removed.

ANSWER:

SHERIDAN ADMITS the allegations that on June 6,2005, the

LaSalle County Environmental Department visited the Site and observed no tires on the

Site and, further, determined that no violations existed on the Site and DENIES the

remaining allegations of paragraph

9.

10. Illinois EPA received a response to the VN from Sheridan S

&

G on June 15,

2005, summarizing the actions

Sheridan S

&

G had performed since May 4,2005.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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ANSWER: SHERIDAN ADMITS the allegations that Illinois EPA received a

response to the

VN fiom Sheridan S

&

G on June 15,2005, avers that the response

speaks for itself, and DENIES the remaining allegations of paragraph 10.

11. On August 26,2005, Illinois EPA sent a Notice of Intent to Pursue Legal

Action ("NIPLA") to Respondent.

ANSWER:

SHERIDAN ADMITS the allegations of paragraph 1 1.

12. Section

55(d) of the Act, 415 ILCS 5/55(d) (2004), provides, in pertinent

part, as follows:

(d)

Beginning Januaxy 1, 1992, no person shall cause or allow

the operation of:

(1)

a tire storage site which contains more than 50 used

tires, unless the owner or operator, by January 1, 1992 (or

the January 1 following commencement of operation,

whichever is later)

and January 1 of each year thereafter, (i)

registers the site with the Agency, (ii) certifies to the

Agency that the site complies with any applicable standards

adopted

by the Board pursuant to Section 55.2, (iii) reports

to the Agency the number of tires accumulated, the status

of vector controls, and the actions taken to handle and

process the tires, and (iv) pays the fee required under

subsection (b) of Section 55.6;

ANSWER:

SHERIDAN avers that Section 55(d) of the Act, 415 ILCS 5/55(d)

(2004) speaks for itself and DENIES the remaining allegations of paragraph 12.

13. Section 54.13 of the Act, 41 5 ILCS 5154.13

(2004), provides as follows:

"Used tire" means a worn, damaged, or defective tire that is

not mounted on a vehicle.

ANSWER:

SHERIDAN avers that Section 54.13 of the Act, 41 5 ILCS 5154.13

(2004) speaks for itself and DENIES the remaining allegations of paragraph 13.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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14. During the inspection at the Site, the Illinois EPA observed unmounted tires

that were worn, damaged or defective and that, therefore, constituted used tires as defined

in Section 54.13 of the Act, 415 ILCS

5154.13 (2004)

ANSWER: SHERIDAN has no knowledge sufficient to form a belief regarding

the allegations that during the inspection at the Site, the Illinois EPA observed

unmounted tires that were worn, damaged or defective and DENIES the remaining

allegations of paragraph 14.

15. Section 54.12 of the Act, 41 5 ILCS 5154.12

(2004), provides as follows:

"Tire storage site7' means a site where used tires are stored

or processed, other than

(I) the site at which the tires were

separated

from the vehicle wheel rim, (2) the site where the

used tires were accepted in trade as part of a sale of new

tires, or (3) a site at which tires are sold at retail in the

regular course of business, and at which not more than 250

used tires are kept at any time

or. (4) a facility at which tires

are sold at retail provided that the facility maintains less

than 1300 recyclable tires, 1300 tire carcasses, and 1300

used tires on site and those tires are stored inside a building

or so that the are prevented from accumulating water.

ANSWER:

SHERIDAN avers that Section 54.12 of the Act, 41.5 ILCS 5154.12

(2004) speaks for itself and DENIES the remaining allegations of paragraph 15.

16. The Site constitutes a tire storage site as that term is defined in Section 54.12

of the Act, 41 5 ILCS

5154.12 (2004), because used tires were stored or processed at the

Site.

ANSWER:

SHERIDAN DENIES the allegations of paragraph 16.

17. Respondent failed to register the Site with the Illinois EPA, certify that the

Site with applicable Board standards, report to the Agency the number of tires

accumulated, the status of vector controls, and the actions taken to handle and process the

Electronic Filing, Received, Clerk's Office, March 29, 2007

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tires, and failed to pay the fee required under subsection (b) of Section 55.6, in violation

of Section

55(d)(l) of the Act, ILCS 5/55(d)(l) (2004).

ANSWER:

SHERIDAN DENIES the allegations of paragraph 17.

18. Respondent operated a tire storage site in violation of Section

55(d)(l) of the

Act, 415 ILCS

5/55(d)(1) (2004)..

ANSWER: SHERIDAN DENIES the allegations of paragraph 1 8.

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an

or,der in favor of Complainant and against

Respondent,

SHERIDAN SAND AND GRAVEL CO., on this Count I:

1. Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein,

2. Finding that Respondent violated Section

55(d)(l) of the Act, 415 ILCS

5/55(d)(1) (2004);

3.

Ordering the Respondent to cease and desist from any future violations of

Section

55(d)(l) of the Act;

4. Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation;

5. Ordering Respondent to pay all costs, pursuant to Section

42(f) of the Act, 4 15

ILCS

5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action; and

6. Granting such other relief as the Board deems appropriate and just.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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OBJECTION: Pursuant to 735 ILCS 5/2-604, SHERIDAN objects to the prayer

for relief under Count I for the reason that the prayer for relief is not sustained by the

allegations of Count I.

COUNT

I1

ALLEGED IMPROPER STORAGE OF USED OR WASTE TIRES

1

-

16. Complainant hereby realleges and incorporates by reference herein

paragraphs 1 through 16 of Count I as paragraphs 1 through 16 of this Count

11,

ANSWER: SHERIDAN repeats and realleges its answers to paragraphs 1

through 16 of Count I as and for its answers to paragraph 1 through 16 of this Count

11.

17. Section 55(e) of the Act, 41 5 ILCS 5/55(e) (2004), provides in pertinent part,

as follows:

(e)

No person shall cause or allow the storage, disposal,

treatment or processing of any used or waste tire in

violation of any regulation or standard adopted by

the Board.

ANSWER:

SHERIDAN avers that Section 55(e) of the Act, 415 ILCS 5/55(e)

(2004) speaks for itself and DENIES the remaining allegations of paragraph 17.

18,. Section

54.. 16 of the Act, 41 5 ILCS 5154.16 (2004), provides as follows:

"Waste tire" means a used tire that has been disposed of.

ANSWER:

SHERIDAN avers that Section 54.16 of the Act, 41

5

ILCS 5154.16

(2004) speaks for itself and DENIES the remaining allegations of paragraph 18.

19. Section 54.04 of the Act, 415 ILCS 5154.04

(2004), provides as follows:

"Disposal" means the placement of used tires into or on any

land or water except as an integral part of systematic reuse

or conversion in the regular course of business.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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ANSWER: SHERIDAN avers that Section 54.04 of the Act, 415 ILCS 5/54..04

(2004) speaks for itself and DENIES the remaining allegations of paragraph 19.

20. During the April 19,2005 inspection, the Illinois EPA observed waste tires at

the Site that were placed in uncovered receptacles on the land and were not part of

a

systematic reuse or conversion in the regular course of business and, therefore,

constituted disposal of waste tires as those terms are defined at Sections 54.04 and 54.16

of the Act, 415 ILCS

5154.04 and 54.16 (2004).

ANSWER:

SHERIDAN has no knowledge sufficient to form a belief regarding

the allegations that on April 19,2005, the Illinois EPA observed waste tires at the Site

that were placed in uncovered receptacles on the land and were not part of a systematic

reuse or conversion in the regular course of business.

SHERIDAN DENIES the

remaining allegations of paragraph 20.

21. Section

848.020(b) of the Board regulations, 35 Ill. Adm, Code 848.202(b),

provides, in pertinent part, as follows:

(b)

At sites at which more than 50 used or waste tires

are located the owner or operator shall comply with

the following requirements:

4)

Used or waste tires shall be drained of water

on the day of generation or receipt.

5)

Used or. waste tires received at the site shall

not be stored unless within 14 days after the

receipt of any used tire the used tire is

altered, reprocessed, converted, covered or

otherwise prevented from accumulating

water. All used and waste tires received at

the site before June 1, 1989, shall be altered,

Electronic Filing, Received, Clerk's Office, March 29, 2007

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reprocessed, converted, covered or

otherwise prevented from accumulating

water by

January 1, 1992.

ANSWER:

SHERIDAN avers that Section 848.020(b)(4) and (5) of the Board

regulations,

3.5 Ill.. Adm. Code 848.202(b)(4) and

(5)

and speaks for itself and DENIES

the remaining allegations of paragraph 2 1.

22. Respondent stored or disposed of used

andlor waste tires at the Site in

violation of Section

55(e) of the Act, 415 ILCS 5/55(e) (2004), and 35 Ill. Adm. Code

848.20%@)(4) and. (5)..

ANSWER: SHERIDAN DENIES the allegations of paragraph 22.

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent,

SHERIDAN SAND AND GRAVEL CO., on this Count 11:

1. Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein;

2. Finding that Respondent violated Section

55(e) of the Act, 415 ILCS 5/55(e)

(2004) and 35 Ill. Adm. Code 848.202(b)(4) and (5);

3.. Ordering the Respondent to cease and desist

hom any future violations of

Section

55(e) of'the Act, and 35 Ill.. Adm. Code 848.202(b)(4) and (5);

4. Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation;

Electronic Filing, Received, Clerk's Office, March 29, 2007

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5. Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415

ILCS

5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action; and

6.. Granting such other relief as the Board deems appropriate and just.

OBJECTION: Pursuant to

735 ILCS 5/2-604, SHERIDAN objects to the prayer

for relief under Count

I1 for the reason that the prayer for relief is not sustained by the

allegations of Count

11.

COUNT I11

ALLEGED FAILURE TO COMPLY WITH TIRE STORAGE NOTIFICATION

AND RECORDKEEPING REQUIREMENTS

1-20. Complainant hereby realleges and incorporates by reference herein

paragraphs 1 through 20 of Count

I1 as paragraphs 1 through 20 of this Count 111.

ANSWER: SHERIDAN repeats and realleges its answers to paragraphs 1

through 20 of Count

I1 as and for its answers to paragraph 1 through 20 of this Count 111.

2 1. Section 848.304 of the Board regulations, 35 Ill. Adm. Code 848.304,

provides, in pertinent part, as follows:

a) The owner or operator shall maintain an Annual Tire

Summary at the site; such record shall include the

agency designated site number, the site name and

address and the calendar year for which the summary

applies.

c) The Annual Tire Summary shall

be received by the

Agency on or before January

3 1 of each year and shall

cover the preceding calendar year..

Electronic Filing, Received, Clerk's Office, March 29, 2007

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ANSWER: SHERIDAN avers that Section 848.304 of the Board regulations, 35

Ill. Adrn.. Code 848.304, speaks for itself and DENIES the remaining allegations of

paragraph 2 1

..

22.. Section 848.305 of the Board regulations, 35 Ill. Adm. Code 848..305,

provides as follows:

Copies of all records required to be kept under this Subpart

shall be retained by the owner and operator for three years

and shall be made available at the site during the

normal

business hours of the operator for inspection and

photocopying

by the ~gency.

--

ANSWER: SHERIDAN avers that Section 848.305 of the Board regulations, 35

Ill.. Adm. Code 848.305, speaks for itself and DENIES the remaining allegations of

paragraph 22.

23.

Respondent failed to maintain and submit an annual tire summary to the

Illinois EPA at any time relevant to the Complaint in violation of Section

55(e) of the

Act, 41 5 ILCS

5/55(e) (2004), and 35 Ill. Adm. Code 848.304(a) and (c).

ANSWER:

SHERIDAN DENIES the allegations of paragraph 23.

24. Respondent failed to maintain records at the Site at all times relevant to this

Complaint, in violation of Section

55(e) of the Act, 415 ILCS 5/55(e) (2004), and 35 Ill.

Adm. Code 848..305.

ANSWER: SHERIDAN DENIES the allegations of paragraph 24.

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent,

SHERIDAN SAND AND GRAVEL CO., on this Count 111:

Electronic Filing, Received, Clerk's Office, March 29, 2007

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1. Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein;

2. Finding that Respondent violated Section

55(e) of the Act, 41 5 ILCS 5155(e)

(2004) and 35 Ill. Adm. Code 848.304(a) and (c) and 848.305;

3.. Ordering the Respondent to cease and desist from any future violations of

Section

55(e) of the Act, and 35 111. Adm. Code 848.304(a) and (c) and 848.305;

4. Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation;

5. Ordering Respondent to pay all costs, pursuant to Section

42(Q of the Act, 41 5

ILCS 5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action; and

6. Granting such other relief as the Board deems appropriate and just.

OBJECTION: Pursuant to 735 ILCS 512-604,

SHERIDAN objects to the prayer

for relief under Count

111 for the reason that the prayer for relief is not sustained by the

allegations of Count

111.

COUNT IV

ALLEGED FAILURE TO PAY REGISTRATION FEE

1-20. Complainant hereby realleges and incorporates

by reference herein

paragraphs 1 through 20 of Count

I1 as paragaphs 1 through 20 of this Count

N.

ANSWER: SHERIDAN repeats and realleges its answers to paragraphs 1

through 20 of Count

I1 as and for its answers to paragraph 1 through 20 of this Count

IV.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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21. Section 21 (k) of the Act, 41 5 ILCS 5/21 (k) (2004), provides, in pertinent

part, as follows:

No person shall:

k, Fail or refuse to pay any fee imposed under this

Act..

ANSWER:

SHERIDAN avers that Section 2 1 (k) of the Act, 4 15 ILCS 512 1 (k)

(2004), speaks for itself and DENIES the remaining allegations of paragraph 21.

22. Section

55.6(b) of the Act, 415 ILCS 5/55.6(b) (2004), provides, in pertinent

part, as follows:

(b) Beginning January

1, 1992, in addition to any other fees

required by law, the owner or operator of each site

required to be registered under subsection (d) of Section

55 shall pay to the Agency an annual fee of $100. Fees

collected under this subsection shall be deposited into

the Environmental Protection Permit and Inspection

Fund.

ANSWER:

SHERIDAN avers that Section 55.6(b) of the Act, 41 5 ILCS

5/55.6(b) (2004), speaks for itself and DENIES the remaining allegations of paragraph

23. At the time of the April 19, 2005 inspection, Respondent operated a tire

storage site that contained more than 50 used tires and was required to register with the

Illinois EPA as a tire storage site, and therefore, required to pay an annual fee.

ANSWER:

SHERIDAN DENIES the allegations of paragraph 23.

24. Respondent failed to pay the annual fee in violation of Sections

55.6(b),

55(d)(l) and 21(k) of the Act, 415 ILCS 5/55.6(b), 55(d)(l) and 21(k) (2004).

ANSWER:

SHERDDAN DENIES the allegations of paragraph 24.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent,

SHERID AN SAND AND GRAVEL CO., on this Count IV:

1. Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein;

2. Finding that Respondent violated Sections

55.6(b), 55(d)(l) and 21(k) of the

Act, 415 ILCS

5/55.6(b), 55(d)(l) and 21(k) (2004);

3. Ordering the Respondent to cease and desist from any future violations of

Sections

55.6(b), 55(d)(l) and 21(k) of the Act;

4. Assessing a civil penalty of Fifty Thousand Dollars

($50,000..00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation;

5. Ordering Respondent to pay all costs, pursuant to Section

42(f) of the Act, 415

ILCS

5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action; and

6. Granting such other relief as the Board deems appropriate and just.

OBJECTION: Pursuant to 735 ILCS

512-604, SHERIDAN objects to the prayer

for relief under Count

IV for the reason that the prayer for relief is not sustained by the

allegations of Count IV.

COUNT

V

ALLEGED FAILURE TO COMPLY WITH TIRE TRANSPORTER

REOUIREMENTS

1-20. Complainant hereby realleges and incorporates by reference herein

paragraphs 1 through 20 of Count

I1 as paragraphs 1 through 20 of this Count V.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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ANSWER: SHERIDAN repeats and realleges its answers to paragraphs 1

through 20 of Count

I1 as and for its answers to paragraph 1 through 20 of this Count V.

21. Section 55(g) of the Act, 415 ILCS 5/55(g) (2004), provides as follows:

(g)

No person shall engage in any operation as a used

or waste tire transporter except in compliance with

Board regulations.

ANSWER:

SHERIDAN avers that Section 55(g) of the Act, 41 5 ILCS 5/55(g)

(2004), speaks for itself and DENIES the remaining allegations of paragraph 21

..

22. Section 54.12(b) of the Act, 415 ILCS 5/54.12(b) (2004), provides as follows:

"Tire Transporter" means a person who transports used or

waste tires in

a vehicle.

ANSWER:

SHERIDAN avers that Section 54,12(b) of the Act, 415 ILCS

5/54.12(b) (2004), speaks for itself and DENIES the remaining allegations of paragraph

22.

23. Respondent transported used or waste tires to the Site, and is therefore a tire

transporter as defined in Section 54..

12(b) ofthe Act, 41 5 ILCS 5/54.12(b) (2004).

ANSWER:

SHERIDAN DENIES the allegations of paragraph 23.

24. Section 848.601 of the Board regulations, 35

Ill. Adm. Code 848.601,

provides, in pertinent part, as follows:

(a) Except as provided in Subsection (c), no person shall

transport more than 20 used or waste tires in a vehicle

unless the following requirements are met.

1)

The owner or operator has registered the vehicle

with the Agency in accordance with this

Subpart, received approval of such registration

from the Agency, and such registration is

current, valid and in effect.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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2)

The owner or operator displays a placard on the

vehicle, issued

by the Agency following

registration, in accordance with the requirements

of this Subpart.

ANSWER:

SHERlDAN avers that Section 848.601 of the Board regulations, 35

Ill. Adm. Code 848.601, speaks for itself and DENIES the remaining allegations of

paragraph 24.

25. Respondent failed to register vehicles that were used for transporting used or

waste tires

with the Illinois ETA, in Vi912Lti0ii ~f Sectior? 55(g) of the Act, 415 ILCS

5/55(g) (2004), and 35 Ill. Adm. Code 848.601(a)(l).

ANSWER: SHERIDAN DENIES the allegations of paragraph 25.

26. Respondent failed to display a placard on vehicles used for transporting used

or waste tires, in violation of Section

55(g) of the Act, 41 5 ILCS 5/55(g) (2004), and 35

Ill.. Adm. Code

848.601(a)(2).

ANSWER: SHERIDAN DENIES the allegations of paragraph 26.

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent,

SHERlDAN SAND AND GRAVEL CO., on this Count V:

1. Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein;

2. Finding that Respondent violated Sections Section

55(g) of the Act, 41 5 ILCS

5/55(g) (2004), and 35 Ill. Adm. Code 848.601(a)(l) and (2);

3. Ordering the Respondent to cease and desist from any future violations of

Section

55(g) of the Act, and 35 Ill. Adm. Code 848..601(a)(l) and (2);

Electronic Filing, Received, Clerk's Office, March 29, 2007

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4. Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation;

5. Ordering Respondent to pay all costs, pursuant to Section

42(f) of the Act, 415

ILCS

5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action; and

6, Granting such other relief as the Board deems appropriate and just.

OBIECTiON: Pursuant to 735 ILCS 512-604, SHERIDAN objects to the prayer for relief'

under Count V for the reason that the prayer for relief is not sustained by the allegations

of Count

V.

AFFIRMATIVE DEFENSES

Respondent,

SHERIDAN SAND

&

GRAVEL CO. ("SHERIDAN), by its

attorney, Kenneth Anspach, pursuant to 35

111.Adm.Code 103.204(e), for its First

Amended Affirmative Defenses to the Complaint ("Complaint") of complainant,

PEOPLE OF THE STATE OF ILLINOIS (the "STATE), alleges and avers as follows:

FIRST AFFIRMATIVE DEFENSE

SHERIDAN, for its First Affirmative Defense to the

STATE'S Complaint,

pursuant to Section

103.204(d) of the Board regulations, 3.5 Ill. Adm. Code 103.204(d)

and Section 2-6 13(d) of the Code of Civil Procedure, 735 ILCS 5/2-61 3(d), alleges and

avers that the Complaint against

SHERIDAN cannot be recovered upon by reason of

operation of Sections 3

l(b), 3 l(c) and Section 55.5(c) of the Act, 41 5 ILCS 513 1 (b),

5/31(c) and 5/55.5(c), is therefore barred, and, accordingly, this Board is without subject

matter jurisdiction over the Complaint, as follows:

Electronic Filing, Received, Clerk's Office, March 29, 2007

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1. The initiation of an enforcement action pursuant to Title XIV of the Act is

governed by Section 55.5 of the Act, 41 5 ILCS 5155.5.

2. Section 55.5 provides as follows:

5

41 5 ILCS 5155.5. [Investigation of violations; warning

notice]

Sec. 55.5.. (a) The Agency shall investigate alleged

violations of this Title XIV, or of any regulation

promulgated hereunder, or of any approval granted by the

Agency, and may cause such other investigations to be

made as it

may

deem advisgble.

(b) If an investigation discloses that a violation may exist,

the Agency shall take action pursuant to Title VIII of this

Act in

a timely manner.

(c) Notwithstanding the provisions of subsection (b) of this

Section, prior to taking action pursuant to Title VIII for

violation of subsection (a), (b)

or. (c) of Section 55 of this

Act, the Agency or unit of local government shall issue

and

serve upon the person complained against a written

warning notice informing such person that the Agency or

unit of local government intends to take such action. Such

written warning notice shall specify the alleged violation,

describe the corrective action which should be taken, and

provide a period of 30 days in which one of the following

response actions may be taken by such person:

(1) initiation and completion of the corrective action, and

notification of the Agency or unit of local government in

writing that such action has been taken;

or.

(2) notification of the Agency or unit of local government

in writing that

corective action will be taken and

completed within

a period of 45 days fkom the date of

issuance of the warning notice.

In the event that the person fails to take a response action,

initiates but does not adequately complete a response

action, or takes other action in contravention of the

described corrective action, the Agency or unit of local

government may

pvoceed pursuant to subsection (b) of this

Section

If the same person has been issued 2 written

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

warning notices for similar violations in any calendar year,

thereafter the Agency or unit of local government may

proceed pursuant to subsection (b) without first following

the provisions of this subsection for the remainder of such

calendar year with respect to such person. (Emphasis

added.)

Thus, pursuant to Section

55.5(c) of the Act, 41 5 ILCS 5/55,5(c), where the offending

party has violated Sections

55(a)-(c) of Title XIV of the Act, 415 ILCS 5/55(a)-(c),

Illinois EPA must serve upon the offending party a written warning notice specifying the

alleged violation, describing the corrective action which should be taken, and providing a

period of 30 or 45 days in which the party may initiate and complete the corrective

action. If and only if the party fails to take or complete the corrective action or if there

are no violations of Sections

55(a)-(c) of Title XIV of the Act, 415 ILCS 5/55(a)-(c), may

Illinois EPA proceed with enforcement under Title VIII pursuant to Section

55(b) of the

Act, 41

5 ILCS 5/55(b) for any violations of Title XIV of the Act.

3. In the instant case, despite there being alleged violations of Sections 55(a)-(c)

of Title XIV of the Act, 415 ILCS 5/55(a)-(c), Illinois EPA never sent SHERIDAN a

written warning notice pursuant to Section

55.5(c) of the Act, 41 5 ILCS 5/55.5(c).

Instead, on or about May 4,2005, Illinois EPA sent SHERIDAN a so-called violation

notice ("Violation Notice") purportedly pursuant to Section

3 l(a)(l) of Title VIII the Act,

41

5 ILCS ,513 1 (a)(l). The Violation Notice included allegations of violations under

Sections

55(a)-(c) of the Act, 415 ILCS 5/55(a)-(c), as well as those which were alleged

under other provisions of Title XIV of the Act.. A copy of the Violation Notice is

attached hereto as Exhibit

"A,."

4'. The Violation Notice was illegal and barred for failure to comply with the

provisions of Section

55.5(c) of the Act, 41 5 ILCS 5/55,5(c).

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

5. Section 3 1(b) of the Act, 41 5 ILCS 3 1(b), states, in pertinent part, as follows:

(b) For alleged violations that remain the subject of

disagreement between the Agency and the person

complained against following

fulJillment of the

requirements of subsection

(a) of this Section, and as a

precondition to the Agency's referral or request to the

Office of the Illinois Attorney General.. .for legal

representation regarding an alleged violation that may be

addressed pursuant to subsection (c)

.. .

.of this Section.

. . ,

the

Agency shall issue and serve, by certified mail, upon the

person complained against a written notice informing that

person that the Agency intends to pursue legal action.

Thus, before Illinois EPA can serve a written notice that it intends to pursue legal action

pursuant to Section 3 1 (b) of the Act,

4 15 ILCS 513 1 (b), it must have fulfilled all of the

requirements of Section

3 1(a) of the Act, 41 5 ILCS 513 l(a).

6. Yet, compliance with the requirements of Section 3 1 (a) of the Act, 41 5 ILCS

513 l(a) is conditioned by statute upon compliance with Section 55.5 of the Act, 415 ILCS

7. Accordingly, since the Violation Notice was issued in direct contravention of

the requirements of Section

55,.5(c) of the Act, 4 15 ILCS 5/55.5(c), Illinois EPA did not

fulfill the requirements of Section

3 1 (a) of the Act, 41 5 ILCS 513 1 (a).

8. Because Illinois EPA did not fulfill the requirements of Section 3 1 (a) of the

Act,

41 5 ILCS 513 1 (a), Illinois EPA was barred from sending SHERIDAN a notice of

intent to pursue legal action pursuant to Section

3 1 (b) of the Act, 41 5 ILCS

513

1 (b).

9. Despite Illinois EPAys failure to fulfill the requirements of Section 3 l(a) of the

Act, 41 5 ILCS

513 l(a), Illinois EPA, purportedly pursuant to Section 3 1 (b) of the Act,

41 5 ILCS

513 1 (b), sent SHERIDAN a letter dated August 26,2005 ("Notice of Intent"), a

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

copy of which is attached hereto as Exhibit "B", that it intended to pursue legal action

against SHERIDAN.

10. Thus, the Notice of Intent was illegal and barred by operation of Sections

3l(b) and Section 55.5(c) of the Act, 415 ILCS 5/31(b) and 5/55.5(c).

1 1. Section 3 1 (c)(l) of the Act, 41 5 ILCS 3 1 (c)(l), states, in pertinent part, as

follows:

(1) For alleged violations which remain the subject of

disagreement between the Agency and the person

compiained against foiiowing waiver, pursuant to

subdivision (1 0) of subsection (a) of this Section, or

fulfillment of the requirements of subsections (a) and (b) of

this Section, the Office of the Illinois Attorney

General.. .shall issue and serve upon the person complained

against a written notice together with a formal complaint,

which shall specify the provision of the Act or the rule or

regulation.. .which such person is said to be in violation,

and a statement of the manner in, and the extent to which

such person is said to violate the Act or such rule or

regulation.. .and shall require the person so complained

against to answer the charges of such formal complaint at a

hearing before the Board..

. .

Thus, before the Attorney General can file a complaint before the Board, there must have

either been a waiver by the person complained against of the terms of Section 3

l(a) of the

Act, 41.5 ILCS 513

1(a), compliance by such person with a Compliance Commitment

Agreement accepted by the Illinois EPA pursuant to Section 3

l(a)(10) of the Act, 415

ILCS 513

1 (a)(l O), or Illinois EPA's fulfillment of the requirements of Sections 3 1 (a) and

(b) of the Act, 41 5 ILCS

513 1 (a) and 513 1 (b).

12.

SHERIDAN has neither waived the provisions of Section 3 1 (a) of the Act,

41 5 ILCS

513 1 (a), nor been informed by Illinois EPA that such a waiver has ever

occwr ed.

Electronic Filing, Received, Clerk's Office, March 29, 2007

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13. Illinois EPA never accepted any Compliance Commitment Agreement

submitted by SHERIDAN, and, in fact, explicitly rejected same in a letter dated July 12,

2005.

14. Accordingly, since there was no waiver and, no stated acceptance of a

Compliance Commitment Agreement, then before the Attorney General could file a

complaint with the Board against

SHERID AN pursuant to Section 3 1 (c)(l

)

of the Act,

415 ILCS

31(c)(l), Illinois EPA was required to have fulfilled the requirements of

Sections 3 1 (a) and

(b) of the Act, 4 15 ILCS 3 1 (a) and (b).

1.5. However, as set forth above, Illinois EPA failed to fulfill the requirements of

Section 3

l(a) of the Act, 41 5 ILCS 513 l(a), and because of such failure, Illinois EPA

failed to fulfill the requirements of Section

3 l(b) of the Act, 415 ILCS 513 l(b),.

16. Because Illinois EPA failed to fulfill the requirements of Sections 3 1 (a) and

3

l(b) of the Act, 41 5 ILCS

,513

1 (a) and 513 l(b), as well Section 55.5(c) of the Act, 41 5

ILCS

5/55.5(c), the Attorney General was barred from filing a complaint against

SHERIDAN with the Board pursuant to Section 3 1 (c)(l) of the Act, 41 5 ILCS 3 1 (c)(l).

17. Illinois EPA's failure to fulfill the requirements of Section 55.5(c) of the Act,

41 5 ILCS

5/55.5(c), not only precluded enforcement action by the Illinois EPA or the

Attorney General, but also precludes the Board from holding a hearing pursuant to

Section 32 of the Act, 41 5 ILCS

5/32? or from issuing any order pursuant to such hearing

under Section 33 of the Act, 415 ILCS 5/33, because the Board is without subject matter

jurisdiction in this cause.

18. The Illinois EPA did, in fact, request the representation of the Office of the

Attorney General for all violations set forth in the Violation Notice and Notice of Intent,

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

referring all the said violations to the Office of the Illinois Attorney General for

enforcement. The Office of the Illinois Attorney General accepted said referral for

enforcement as set forth in the letter dated January 3,2006 from the Office of the Illinois

Attorney General to the undersigned attorney for

SHERIDAN ("1/3/06 Attorney General

Letter"), a copy of which is attached hereto as Exhibit

"Dm.

19. Despite Illinois EPAYs failure to fulfill the requirements of Sections 3 1 (a) and

3 1 (b) of the Act, 41 5 ILCS

513 1 (a) and 513 1 (b), as well Section 55.5(c) of the Act, 41 5

ILCS

5/55.5(c), based solely upon the referral of the Illinois EPA for enforcement, as

described in the 1/3/06 Attorney General Letter, filed the within Complaint against

SHERIDAN pursuant to Section 3 1 (c)(l) of the Act, 41 5 ILCS 3 1 (c)(l).

20. The Complaint is illegal and barred by operation of the provisions of Sections

3l(b), 3l(c) and Section 55,.5(c) ofthe Act, 415 ILCS 5/3l(b), 5/3l(c) and 5/55.5(c).

This Board is thereby without subject matter jurisdiction in this cause.

SECOND AFFIRMATIVE DEFENSE

(In the Alternative)

SHERIDAN, for its Second Affirmative Defense to the

STATE'S Complaint,

pursuant to Section

103.204(d) of the Board regulations, 35 111. Adm. Code 103.204(d)

and Section 2-613(d) of the Code of Civil Procedure, 735 ILCS 512-613(d), alleges and

avers that the Complaint against

SHERIDAN cannot be recovered upon by reason of

operation of Sections 3

1 (b), 3 1 (c) and Section 55.5(c) of the Act, 41 5 ILCS 513 1 (b),

513 1(c) and 5/55.5(c), is therefore barred, and, accordingly, this Board is without subject

matter jurisdiction over the Complaint, as follows:

Electronic Filing, Received, Clerk's Office, March 29, 2007

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1

-

1 1. SHERID AN hereby realleges and incorporates by reference herein

paragraphs 1 through 1 1 of its First Affirmative Defense as and for paragraphs 1 through

11 of this Second Affirmative Defense.

12.. Pursuant to Section 3 l(a)(l)(C) of the Act, 415 ILCS 3 l(a)(l)(C), the

Violation Notice contained an explanation, styled as "Suggested Resolutions," of two

alternative actions, either one of which Illinois EPA informed

SHERIDAN would resolve

the alleged violations,. One of those two alternative "Suggested Resolutions" ("Suggested

Resol~tion'~)

was stated to be as follows:

Suggested Resolutions

Immediately complete the attached

Notification/Registration form and pay the required tire

storage fee for 2005. By June 19,2005, dispose of all

usedlwaste tires on site using an Illinois registered tire

transporter. (Bold and underlining in original).

13. The Suggested Resolution was the same both for

SHERIDANys alleged

violations under Sections

55(a)-(c) of Title XIV of the Act, 415 ILCS 5/55(a)-(c), and for

those under the other provisions of Title

XIV of the Act.

14. On June 13,2005, SHERIDAN, by letter of even date, informed Illinois EPA

that it had completed the requested Suggested Resolution in its entirety The Suggested

Resolution had actually been completed by June 6,2005,

i.e

,

prior to the June 19,2005

deadline set forth in the Violation Notice.

SHERIDAN'S June 13,2005 letter was sent

within 45 days of the Violation Notice as required by Section

3 1 (a)(2) of the Act, 41 5

ILCS

3 1 (a)(2).

15. That the Suggested Resolution had been completed was confirmed by letter

dated June 8,2005 from Michael E. Harsted, Director,

LaSalle County Department of

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Environmental Services and Development, a copy of which is attached hereto as Exhibit

"C."

16. SHERIDAN thereby satisfied all conditions of the Violation Notice.

17. By operation of law, the Violation Notice constituted a written warning

notice and the Suggested Resolution constituted a corrective action under the provisions

of Section

55.5(c) of the Act, 415 ILCS 5/55.5(c).

18. SHERIDANys completion of the Suggested Resolution constituted a timely

compietion

of' corrective action under Section 55.5(c) of the Act, 415 ILCS 5/55.5(c),

precluding any enforcement action by the Illinois EPA under Sections 3 1(a) and (b) of

the Act, 41 5 ILCS 3 1 (a) and (b), or by the Attorney General under Section 3 1

(c)(l) of the

Act, 415 ILCS 3

l(c)(l).

19. SHERIDANys completion of corrective action under Section 55.5(c) of the

Act, 415 ILCS

5/55.5(c), not only precluded enforcement action by the Illinois EPA or

the Attorney General, but also precludes the Board from holding a hearing pursuant to

Section 32 of the Act, 41 5 ILCS 5/32, or fkom issuing

any order pursuant to such hearing

under Section 33 of the Act, 415 ILCS 5/33, because the Board is without subject matter

jurisdiction in this cause.

20. Despite that Illinois EPA was precluded fkom taking any enforcement action

under Sections 3 1 (a) and

3 1 (b) of the Act, 41 5 ILCS 513 1 (a) and 513 1 (b), it purported to

send the Violation Notice under Section

3 1 (a) of the Act, 41 5 ILCS 513 1 (a), and the

Notice of Intent under Section

3 1 (b) of the Act, 41 5 ILCS 513 1 (b).

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

21. The Violation Notice and the Notice of Intent were illegal and barred by

SHERIDAN7s completion of the Suggested Resolution, which constituted a timely

completed corrective action under Section

55,..5(c) of the Act, 415 ILCS 5/55.5(c).

22. The Illinois EPA did, in fact, request the representation of the Office of the

Attorney General for all violations set forth in the Violation Notice and Notice of Intent,

referring all the said violations to the Office of the Illinois Attorney General for

enforcement. The Office of the Illinois Attorney General accepted said referral for

enforcement as set forth

in the letter dated January 3,2006 from the Office of the Illinois

Attorney General to the undersigned attorney for

SHERIDAN ("1/3/06 Attorney General

Letter"), a copy of which is attached hereto as Exhibit

"Dm.

23. Despite SHERIDAN7s completion of the Suggested Resolution, constituting a

timely completed corrective action under Section

55,5(c) of the Act, 415 ILCS 5/55.5(c),

and barring the filing of a complaint by the Attorney General under Section 31(c)(l) of

the Act, 41 5 ILCS

3 1 (c)(l), the Attorney General, based solely upon said referral for

enforcement, as described in the 1/3/06 Attorney General Letter, filed the within

Complaint against

SHERIDAN pursuant to Section 3 l(c)(l) of the Act, 41 5 ILCS

31(c)(l).

24. The Complaint is illegal and barred by SHERIDANys completion of the

Suggested Resolution, constituting a timely completed corrective action under Section

55.5(c) of the Act, 41 5 ILCS 5/55.5(c). This Board is without subject matter jurisdiction

in this cause.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

THIRD AFFIRMATIVE DEFENSE

(In the Alternative)

SHERIDAN, for its Third Affirmative Defense to the

STATE'S Complaint,

pursuant to Section

103.204(d) of the Board regulations, 35 Ill. Adm. Code 103.204(d)

and Section 2-6 13 (d) of the Code of Civil Procedure, 73 5 ILCS 512-6 13(d), alleges and

avers that the Complaint against

SHERIDAN cannot be recovered upon by reason of

operation of Sections

3 1 (b) and 3 1 (c)(l) of the Act, 41

5

ILCS 513 1 (b) and 513 1 (c)(l), is

therefore barred, and, accordingly, this Board is without subject matter jurisdiction over

the Complaint, as follows:

1. Section 3 l(a)(l) of the Act states, in pertinent part, as follows:

Within 180 days of becoming aware of an alleged violation

of the Act or any rule adopted under the Act.. .the Agency

shall issue and serve, by certified mail, upon the person

complained against a written notice informing that person

that the Agency has evidence

of the alleged violation.

2. Ostensibly pursuant to Section 3

l(a)(l) of the Act, on or about May 4,2005,

Illinois EPA sent

SHERIDAN a so-called violation notice ("Violation Notice")

purportedly pursuant to Section 3 1 (a)(l) of Title VIII the Act, 41 5 ILCS 513 1 (a). A copy

of the Violation Notice is attached hereto as Exhibit "A."

3. Section

3l(b) of the Act, 415 ILCS 5/31(b), states, in pertinent part, as follows:

For alleged violations that remain the subject of

disagreement between the Agency and the person

complained against following fulfillment of the

requirements of subsection (a) of this Section,

and as a

precondition to the Agency's referral or request to the

Ofice

of the Illinois Attorney General

..

.for legal

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

representation regarding an alleged violation that may be

addressed pursuant to subsection (c)

. .

.of this Section.

.

.the

Agency shall issue and serve, by certified mail, upon the

person complained against a written notice informing that

person that the Agency intends to pursue legal Action..

Such notice shall notlJSl the person complained against of

the violations to be alleged and

offer the person an

opportunity to meet with appropriate Agency personnel in

an

effort to resolve any alleged violations that could lead to

the filing of a formal compliant.

,.Nothing in this subsection

is intended to preclude the Agency from following the

provisions of subsection (c).

..

.of this Section or from

requesting the legal representation of the Office of the

Illinois Attor~ej;

Geiiera!. .

.f~r

alleged vio!ati~,ions

x,.:l.,ich

remain the subject of disagreement between the Agency

and the person complained against

after the provisions of

this subsection are

fulfilled.

(Emphasis added.)

4. Thus, in order to comply with Section 3

l(b) of the Act, 415 ILCS 513 l(b), the

Illinois EPA must issue a notice of intent to pursue legal action. Then, where the party

complained against requests a meeting with Illinois EPA, Illinois EPA is required to meet

with the party complained against and, there, Illinois EPA is required to make an "effort

to resolve any alleged violations that could lead to the filing of a formal complaint."

Section 3 1 (b) of the Act,

41 5 ILCS 513 1 (b), thereby imposes upon Illinois EPA thereby a

statutory obligation of, alternatively, making

an ''efforvt to resolve any alleged violations

that could lead to the filing of a formal complaint" or of good faith negotiation, or of

both. If and only if Illinois EPA meets that statutory obligation may it request legal

representation by the Office of the Illinois Attorney General pursuant to Section 3 1 (c) of

the Act, 4

15 ILCS 513 1 (c) or refer. alleged violations to the Office of the Illinois Attorney

General for enforcement.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

5. Ostensibly pursuant to Section 31(b) of the Act, Illinois EPA sent SHERIDAN

a letter dated August 26, 2005 ("Notice of Intent"), a copy of which is attached hereto as

Exhibit

"B", that it intended to pursue legal action against SHERIDAN.

6. Section 31(c)(l) of the Act, 415 ILCS 31(c)(l), states, in pertinent part, as

follows:

(1) For alleged violations which remain the subject of

disagreement between the Agency and the person

complained against following waiver, pursuant to

subdivision (1 0) of subsection (a) of this Section, or

fulfillment

ofthe requirements of subsections (a) and (b) of

this Section, the Office of the Illinois Attorney

General..

..

.shall issue and serve upon the person complained

against a written notice together with a formal complaint,

which shall specify the provision of the Act or the rule or

regulation..

.

.which such person is said to be in violation,

and a statement of the manner in, and the extent to which

such person is said to violate the Act or such rule or

regulation.. .and shall require the person so complained

against to answer the charges of such formal complaint at a

hearing before the Board..

.

Thus, before the Attorney General can file a complaint before the Board, there must have

either been a waiver by the person complained against of the terms of Section 3

l(a) of the

Act, 4

15 ILCS 513 1 (a), compliance by such person with a Compliance Commitment

Agreement accepted by the Illinois EPA pursuant to Section 3

l(a)(10) of the Act, 415

ILCS 513

1 (a)(1 O), or Illinois EPA's fulfillment of the requirements of Sections 3 1 (a) and

(b) of the Act, 41 5 ILCS 513 1 (a) and 513 1 (b).

7. Included in the Violation Notice, a copy of which is attached hereto as Exhibit

"A", is an explanation of the violations alleged set forth in a Narrative Inspection Report

("Narrative Inspection Report") dated April 19,2005 prepared by

Shaun Newell, an

inspector for Illinois EPA. The Narrative Inspection Report states, inter alia, that on

Electronic Filing, Received, Clerk's Office, March 29, 2007

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April 19,2005, while inspecting the Site, Mr. Newel1 "discovered approximately 2,000

waste semi, truck, car and tractor tires inside seven roll-off boxes and two open top semi

trailers."

8. Following the receipt of the Notice of Intent (which incorporated the alleged

violations set forth in the Violation Notice),

SHERIDAN requested a meeting with

Illinois EPA pursuant to Section 3

1 (b) of the Act, 41 5 ILCS

513

1 (b). That meeting was

scheduled for September 27,2005 at the offices of Illinois EPA in Des Plaines, Illinois.

9. In September, 2005, prior to the meeting between SHERIDAN and Illinois

EPA, an official of Illinois EPA informed

SHERIDAN that, notwithstanding that Illinois

EPA was required by Section 3

l(b) of the Act, 41.5 ILCS 5/31(b), to meet with the

offending party to make an effort to resolve the alleged violations that could lead to the

filing of

a formal complaint, it was the practice of Illinois EPA not to resolve any alleged

violations at such a meeting. Rather than meet to resolve such alleged violations, it was

the practice of Illinois EPA to hold the meeting as a mere formality prior to a referral to

the Office of the Illinois Attorney General.

10. Illinois EPA did hold a purported meeting with

SHERIDAN at the offices of

Illinois EPA on September 27,2006. At the meeting

SHERIDAN made efforts to resolve

such alleged violations by

SHERIDANys own good faith negotiation, not reciprocated by

Illinois EPA, including, but not limited to, SHERIDAN'S presentation of affidavits at the

meeting that contradicted the allegations in the Violation Notice, the Narrative Inspection

Report and Notice of Intent. Illinois EPA made no effort to investigate or otherwise

determine whether or not the matters set forth in those affidavits were, in fact, true, and

made no effort to resolve the alleged violations set forth in the Violation Notice, the

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Narrative Inspection Report and Notice of Intent. None of the alleged violations set forth

in the Violation Notice, Narrative Inspection Report and Notice of Intent was resolved

because, in accordance with its practice, Illinois EPA made no effort to resolve any

alleged violations that could lead to the filing of a formal compliant.

11. The meeting held between Illinois EPA and

SHERIDAN on September 27,

2006 was a mere pretense engaged in by Illinois EPA in which Illinois EPA purposefully,

and in direct contravention of the requirements of Section

3l(b) of the Act, 415 ILCS

513 1(b), made no effort to resolve, or good faith negotiations to resolve, any of the

alleged violations set forth in the Violation Notice, the Narrative Inspection Report and

Notice of Intent. Rather than making an effort to resolve such alleged violations, Illinois

EPA merely held the meeting as a mere formality prior to a referral to the Illinois

Attorney General.

12. Illinois EPA thereby failed to fulfill the provisions of Section

3 1(b) of the

Act, 415 ILCS

513 1(b).

13. Illinois EPA was thereby barred fr,om requesting the legal representation of

the Office of the Illinois Attorney General and of referring the alleged violations set forth

in the Violation Notice and Notice of Intent to the Office of the Illinois Attorney General

for enforcement pursuant to Section

3 l(c) of the Act, 41

5

ILCS 513 l(c).

14.. Section 3 1 (c)(l) of the Act, 41 5 ILCS 3 1 (c)(l), states, in pertinent part, as

follows:

(1) For alleged violations which remain the subject of

disagreement between the Agency and the person

complained against following waiver., pursuant to

subdivision (1 0) of subsection (a) of this Section, or

fulfillment of the requirements of subsections (a) and (b) of

this Section, the Office of the Illinois Attorney

Electronic Filing, Received, Clerk's Office, March 29, 2007

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General.. ..shall issue and serve upon the person complained

against a written notice together with a formal complaint,

which shall specify the provision of the Act or the rule or

regulation.. .which such person is said to be in violation,

and a statement of the manner in, and the extent to which

such person is said to violate the Act or such rule or

regulation.. .and shall require the person so complained

against to answer the charges of such

formal complaint at a

hearing before the Board..

.

Thus, before the Office of the Illinois Attorney General can file a complaint before the

Board pursuant to Section

3 1 (c)(l

)

of the Act, 4 15 ILCS 3 1 (c)(l), Illinois EPA must

have,

inter

alia, fulfilled the requirements of Section 3 1 (b) of the Act, 4 15 ILCS 513 1 (b).

15. However, as set forth above, Illinois EPA failed to fulfill the requirements of

Section

3l(b) of the Act, 415 ILCS 5/3l(b) due to its failure to fulfill its statutory

obligation of making an "effort to resolve any alleged violations that could lead to the

filing of a formal complaint" or of good faith negotiation, or of both.

16. The Illinois EPA did, in fact, request the representation of the Office of the

Attorney General for all violations set forth in the Violation Notice and Notice of Intent,

referring all the said violations to the Office of the Illinois Attorney General for

enforcement. The Office of the Illinois Attorney General accepted said referral for

enforcement as set forth in the letter dated January 3,2006

from the Office of the Illinois

Attorney General to the undersigned attorney for

SHERIDAN ("1/3/06 Attorney General

Letter"), a copy of which is attached hereto as Exhibit

"D".

17. Because Illinois EPA failed to fulfill the requirements of Section 31(b) of the

Act, 41 5 ILCS 513 1 (b), the Attorney General was barred from filing a complaint against

SHERIDAN with the Board pursuant to Section 3 1 (c)(l) of the Act, 41 5 ILCS 3 l(c)(l).

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

18. Despite Illinois EPA's failure to fulfill the requirements of Section 3 1(b) of

the Act, 415 ILCS

513 l(b), the Attorney General, based solely upon the referral from

Illinois EPA as described in the 1/3/06 Attorney General Letter, filed the within

Complaint against

SHERIDAN pursuant to Section 3 1 (c)(l) of the Act, 41 5 ILCS

31(c)(l).

19. Illinois EPA's failure to fulfill the requirements of Sections 3 1 (b) and

3 1

(c)(l) of the Act, 41 5 ILCS 513 1 (b) and 513 1 (c)(l), not only barred the filing of the

Complaint by the Attorney General, but also precludes the Board from holding a hearing

pursuant to Section 32 of the Act, 415 ILCS 5/32, or

fiom issuing any order pursuant to

such hearing under Section 33 of the Act, 415 ILCS 5/33, because the Board is without

subject matter jurisdiction in this cause.

20. The Complaint is illegal and barred by operation of the provisions of Sections

3

1 (b) and 3 1 (c)(l) of the Act, 41 5 ILCS 513 1 (b) and 513 1 (c)(l). The Board is thereby

without subject matter jurisdiction in this cause.

WHEREFORE, upon the above and foregoing,

SHERIDAN requests that an order

be entered either dismissing the Complaint, holding the Complaint for naught, or entering

findings and judgment thereon for

SHERIDAN and against the STATE, and further

demands the reasonable expenses of the litigation, including reasonable attorney's fees.

&

GRAVEL CO.

ANSPACH

&

ASSOCIATES

8 South Michigan Avenue

Suite 3400

Chicago, IL 60603

(3 12) 407-7888

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I have served the attached First Amended Answer. and

Affirmative Defenses by

-X- personal delivery,

-

placement in the U. S. Mail, with first class

postage prepaid,

-

sending it via facsimile and directed to all parties of record at the

address(es) set forth below on or before 5:00 p.m. on the 28" day of March, 2007.

Vanessa Vail

Assistant Attorney General

Environmental Bureau

188 West Randolph Street

20th Floor

ANSPACH

&

ASS~CIATES

8 South Michigan Avenue

Suite 3400

Chicago,

IL 60603

(312) 407-7888

Bradley P. Halloran, Esq.

Hearing Officer

Illinois Pollution Control Board

James

R. Thompson Center

Suite 11-500

100 West Randolph Street

Chicago

IL 60601

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

--

, ;.

-

7

I

[LLINO~~

ENVIRONMENTAL PROTECTION

AGENCY

10.21 NORTH

AVENUE

EAST,

P.0

BOX

19276,

%T~CFIELD,

ILLINOIS

62794-9276,217-782-3397

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANWLPH, Sum 11.300, CH~CACO,

11

60601,3'12-814-6026

81

51987-7760

Fax #815/987-,7505

May

4,2005

CERTBBD MAIL

#7002 2030 0001 8572 1303

RE'IlRN

RECEIPT REQUESTED

Sheridas

Sand.

&

Ckavel

2679

N. 4201 Road

Sheridan, Illinois 6055

1

Re:

Violatioh Notice, L-2005-01188

LPC

#0998215024

--

LaSalle

County

Sheridan (Mission

Twp.)/Sheridan Sand

&

Gravel

Compliance File

Dear MI.

Vardijan:

This

constitutes

a

Violation

Notice purs~t

to

Section 3

1

(a)(l)

of the Illinois Environmental

Protection

Act,

415

ECS

5/31(a)(l), and

is

based

an hspectian

campIeted on

April

19,2005 by

representatives of the Illinois Environmental Protection

Agency

("Tllinois EPA").

The Ilhois EPA hereby provides notice of alleged violations of envixonmental

statutes,

regulations, or permits as

set forth in

the

attachment

to this notice. The attachment

includes

an

explanation of the activities

&at the

Illinois EPA

believcs

may

resolve

thc

spe~ified

alleged

violations, including

an

estimate of a reasonable time period to complete

the necessary activities.

Due to the

nature and seriousness of the alleged violations,

please

be advised

that

resolution

of

the violations

may

require

the;

involvement of a

prosecutorial

authority for purposes that may

include,

among

others,

the

imposition of statutory penalties.

A

written response,

which

may include a

request for a meeting

with

rcprcsentatives of thc

Illinois

EPA, must be submitted via certified mail to the

Illinois EPA

within

45

days of

receipt

of this

notice.

The

response must address each alleged violation spe~ified in

the

attachment and include

for

each

an.

explanation of the, a~tivities that will be implemented

and

the

time

schedule for the

completion of

that

activity. If a meeting is requested, it shall be held

within

60 days of receipt of

this

notice.

The

written

rcsponse

will

constitute a

proposed Compliance Commitment

Agreement ("CCA")

pursuant

to Section 31 of

the

Act. The Illinois EPA will

review

.cht

proposed CCA

and

will accept or reject

it

within

30 days

of receipt.

RCCWORD

-.

4302

North Main

Street, Rockford,

IL

61 103

-

(81

51

987-7760

DES

PWNES

-

951

1 W. Harrison

St.,

De.$

Plaines,

IL 60016

-

(847)

294-1000

ELGIN

-

595

South

State,

Elgin,

[L

60123

-

(847)

598-91

2.7

r

mmw.

-

LA'

c

r.1 II-;..---:~.

C*

D-A!-

"

'='^'4

-

(309) 693-5463

BUREAU

OF

LIND

PEOW

-7620 N.

University

St.,

Peoria,

IL

61 614-

~ampaign,

1L

61820

-

01

7)

278-5800

SPA~NGFI~LD

-4300 S

Sixfh

Strat

Rd.,

Springfieid,

IL

62706

- (

[le,

IL

62234

-

(618) 346-5120

MON

-

2309

W. Md

EXHTBIT

"A"

- -

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Violstion Notice, L-2005-01188

UC

#0998215024

--

LaSalle County

Sheridas (Mission Twp.)/Sheridan

Sand

&

Gravel

May

4,2005

Page

2

If a tlmely written response to

this

Violation Notice is not provided, it

shall

be considered to be a

waiver of the opportunity to respond

and

to meet provided by Section

31(&)

of the

Act,

and

the

Illinois

EPA may

proceed with a referral to the prosecutorial authority.

Written

communications

should

be

directed

to:

Illinois

EPA

-

Bureau of Land

Attn:

Shaun Newell

4302

North Main

Street

TCacM'ord,

Illinois 61 103

All

communications

must

include reference to

your

Violation Notice

L-2005-01188.

Yf

you

have questions regatding

this

matter,

please

contact

Shaun Newell

at

8151987-7760.

Sincerely,

David S. RetzlaE

Maaager

-

Region

1

Field

Clperations

Section

Bureau

of

Land

Enclosure

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

1.

Pursuant to Section

21&)

of the

[Illin~is]

Environmental Protection

Act

(415 ILCS

5/21(k)),

no person shall fail or refuse to pay any fee imposed

urider

this Act.

A

violatian of Scction

21(k)

of the [llhoisf E~~viro~lmenhI

Proleclion

Act

(415

ECS

5/21(k))

is

alleged

for

the

following

reason:

Failure to pay the required

$100.00

Annud

Tire Storage

fee for

2005.

2.

Pursuant to Section

5S(a)(4)

of the [lllinais] Environmentiil Protection

Act

(415

LCS

5/55(a)(4)),

no

person shall cause or allow the operation of a tire storage site

except

in

compliance with

bard

regulations.

A

violation of

Section

55(a)(4)

of the [Illinois] Environmental Protection Act (415 ILCS

5/55(a)(4))

is alleged for the following reason:

Waste

tires have accumulated on site for

longer

than

a year.

3.

Purswt

to

Section

55(d)(l)

of the [Illinois] Environmental

Protection

Act

(415

LCS

5/5S(d)(l)), beginning January 1, 1992,

no person shall cause ar

allow the

operation

of a

tire storage site which contains more

than

$0 used tires, unless the owner or operator, by

January

1, 1992 (or the January 1 following commencement of operation,

whichever

is

later)

and

January 1

of each year thereafter, (i) registers the site with the Agency,

(ii)

certifies to

the

Agency

that

the site complies with any

applicable

standards

adopted by

the

Board pursuant

to

Swtion 55.2, (iii) reports to the

Agency

the

number

of

tires

awumu1ated, the status of vector controls,

and

the

actions taken

to

handle and

process

the

tires, and

(iv)

pays the

fee

required

under

subsection

@)

of Section

55.6.

A

violation of Section

55(d)(l)

of the [Illinois] Environmental Protection

Act

(425

5/SS(d)(1)) is alleged for the following

reason: Failure

to

register

as a

lire starage site.

4.

Pursuant to Section

55fe)

of the [Ufnoisl

Environmental

Protection Act (415

IWS

5/55(e)),

no

person shall cause or

allow

the

storage, disposal, treatment or processing of

any used or waste

tire

in vialation of any regulation or stand.mil adopted by the Board.

A

violation of Section

55(e)

of the

[Lllinois]

Environmemtal Pr~te~tion

Act

(415 ILCS 5/55(e)) is

alleged

for

the following

reason:

Failitre

to

prevent the

waste

tires from accumulating water.

5.

hant to Sectiop

55(g)

of

the'

[Illinois] Environmental Protection

Act

(415

ILCS

5/55(g)), no person shall engage in

any

opmation as a used or waste tire transporter

txccpt

in ~oxnpliance with

Board

regulations.

A

violation of Section 55(g) of

the

[IIlinois] Environmental Protection

Act

(415 ILCS

5/55(g))

is

alleged for the following reason:

Waste tires were transferred

to

the site and trarisporter

was

not permitted

to

haul

tires.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Attachment, page

2

6.

Pursuant to Section

55.6(b)

of the [Illinois] EnvitomentaI Protection Act (415 ILCS

5/55.6@)),

beginning January 1, 1992, in addition to any other fees required by law, the

ownh or operator of each site

required

to be registered under subsection

(d)

of

Section

55

shall pay to the Agency

an

annual

fee

of $100. Fees collected under this subsectiorz shall

be deposited into the Environmental Protection Permit and Inspection Fund.

A

violation of Section

55.6(b)

of the [Illinois] Environmental Protection Act (415

ECS

5/55.6@))

is alleged for the following reason:

Failure to pay the required tire storage

fa?

by

January 1 of each year.

7.

Pursuant to Section 55.8(b) of the [Illinois] Environmental Protection ~ct

(415

ECS

5/55.8@)),

a person who accepts used tires for recycling under subsection (a)

shall

not

alIow the

tires

to

accumulate

far periods

of

more

than

90

days.

A

violation of Section

55.8(b)

of

the

[HlinoisJ

Environmental frotation

Act

(415

ILCS

5/55.8@))

is alleged for the following

reason:

Waste tires have accumulated on site longer

than 90 days.

8.

Pursumt

to 35 Iil.

Adm.

Code

848.202(b)(4),

at sites at which more than 50 used or

waste

tires

arc

located

the

owher or operator shall comply

with

the following requirement:

used

or

waste

tires

shall be drained of water on the

day

of generation or

receipt.

A. violation of 35 Ill.

Ah.

Code 84&.202@)(4) is alleged for the following reason:

Failure

to

drain

the

water from

usedlwaste

tires stored ftlside

the

box trauer.

9

Pursuant

to 35

Ill, Adm. Code

848.202@)(5),

at sites at

which

more

than

50

used

or

Waste

tires

are

located

the

owner

or

operator

shall comply with the followring requirement:

Used

01

waste tires received at the site shall not be stored unless within

14

days

after

the

receipt of my used

tire

the

used tire is altered, reprocessed,

converted,

covered or

otherwise

prevented

from accumulating water.

A

violation of 35

Ill.

Ah.

Code

848.202@)(5)

is alltgcd for the followring

reason:

Failure

$0

prevent water from aecumulatfng inside

waste

tires that

have

been stored on site lorrger

than 14 days-

10.

Pursuant to 35

El. Adm.

Code

848.202(~)(1),

in addition to the requirements set forth

in

subsection

[848.202]

(b), die owner or operator shall

comply

with

the following

requirement at

sites

at which more

than

500 used or

wastc

tires

arc located. A

contingency

pIan,

which meets the requirements of

Section

848.203

shall be maintained.

A

violation of 35 Dl.

Adm.

Code 848.202(~)(1) is

alleged for the

following reason:

There were

more than. 500 tires

on

site ahd no Contihgency

on site-

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Attachment,

page

3

11.

Pursuant to 35

111.

Ah.

Code

848.202(~)(2),

in addition to

the

requirements set

forth in

subsection

[848.202]

(b),

the

owner or operator shall comply

with

the fol1owing

requirement at sites at which more

thr

500

used or

waste

tires are looated. The

recordkeeping

and

reporting requirements of [35 Ill.

Adm.

Code

8481 Subpart C

shall be

met,

A

violation of 35 Ill.

Adm.

Code

848.202(~)(2)

is alleged for the following reason: There are

no

tire

disposal. records

on

$it@.

12.

Pursuant

to

35

111.

Adm.

Code

848.302(a)(l),

the owner or operator shall keep a

record

of

used

and

waste tires at

the

site. The owner

and

operator inali

keep

the foliowig

records:

1)

Daily

Tire

Record

2)

Annual

Tire

Summary

A

violation of

35

Ill.

Adm-

Code

848.302(a)(1)

is

alleged for the following reason: Tfre storage

sites that

mablah

more than 500 usedlwaste tires are required to keep a Daily The Record

on

site. There

was

lo

Daily Tire Record on site.

3

Pursuant:

10 35

Ill.

Adm,

Code

848.302(a)(2),

the owner or

operator

shall

keep

a

rmrd of

used and

waste tires

at the site.

The

owner and operator

&all

keep

the following records:

1)

Ddly Tire

Record

2)

Annual

Tire

Summary

A violation

of

35

111.

Adm. Code 848.302(a)(2) is alleged

br

the

following reason: Tire storage

sites

that maintain more than 500

uisedhvaste

tires are required to keep an Annual Tire

Summary. There is no

evfdmce that a&

Annual

Tire

Summary

was

submitted

tct

Spring5eld Headquarters.

14.

Pursuant

to

35 Uf.

Ah.

Code 848.304(c),

hihe

AMud

Tire

Summary

shall

be

received by

the Agency on or before

January

3

1

of

cach

yeas

and

shall cover

the

prcccding

calendar

year.

A

violation of 35

Ill. Ah.

Code

848.304(c)

is alleged

for

the

following

reason:

Failure to

submit an

Annual

Tire Summary by January 31 of each year,

15.

Pursumt

to

35

111. A&

Code

848.305,

copies of all records

required to

bo

kcpt

under

this [35 Tll. Adm.

Code

8483

Subpart [C] shall

be retained

by

the

om@

ad

operator for

three

ye* md

shll

be

made

available

at

the

site

during

the normal business hours of the

operator for inspection and photocopying by

the

Agency..

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Atta~hment,

page

4

A

violation of 35 Ill.

Ah.

Code 848.305 is alleged for the following reason: No

tire records

were found on site,

16.

Pursuant

to

35

Ill.

Abn,

Code

848.601(11)(1),

excepx

as

provided in subsection

[848.601]

(c),

no

person shalI transport

more

than

20

used

or

waste

tires in a vehicle

unless

thc

following requirements are met.

1)

The owner or operator has registered the vehicle

with

the Agency in accordance

with this

[35

Ill. Adm. Code

8481

Subpart [F], received app~oval of such

r~gishfinn

&em

the

Agmr;yj

md such

registration is current: valid and in effect.

2)

The owner or

operator

displays

a

placard on the vehicle,

issued

by the

Agency

following registration, in accordance

with

the requirements of

this

[35 Ill.

Adm.

Code

8481

Subpart [F].

A violalion of 35 Ill.

Adrn.

Code

848.601(a)(l)

is alleged for the following reason:

HaPlure

to

register as an

IJlhofs registered tire traasporter.

17.

Pursuant to 35 Ill.

Ah.

Code 848.601

{a)(2),

except as provided in subsection

[848.6011

(c), no

person

shall tramport more than 20 used or

waste

tires in a

vehicle

unless

the

following requirements me met.

1)

The

owner or operator has registered the vehicle with

the

Agency in accordance

with

this

135

I11.

Ah.

Code 8481

Subpart

F],

received

approval

of

such

registration

&om

the

Agency, and such registration is cutrent,

valid

and

in

effgt.

2)

The owner or operator

displays

a

placard

on the vehicle,

issued

by the

Agency

following registration, in accordance with the requirements of this [35

Ill.

Ah.

Codc

8481

Subpart

F].

A

violation of 35

R1.

Adm.

Code

84&.601(a)(2)

is alleged for the following

reason:

Failure

to

Suggested Resokutions

Imediateky complete the attached Wo~~cationiR~tration

form and pay the required

tire storage fee for 2005.

By June 19,

2005,

dispose 01

all

usedfwaste

tires

on

site using an

11Kmofs

registered tire

&asp orter.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Attachment, page

5

Immediately drain all watet from the used/waste tires on site. Immediately store all the

used tires lh

such a

manner as to prevent them from accllmulsrihg

wawr.

Waste tires must

be disposed using

a

By June 19,2005, complete the attached:

-

Contingehey Plan

-

a

sample plan

was

provided. Please modify this plan as needed.

-

&,nuah Tke

Summary,

Please complete and submit this fotm to Sprhgfiidd

(Headquarters).

-

Daily Tire Record. Immediate$ trsek

the

number of tl'res generated on your

proPe&YyY WLb

auiS

rOr

+'

W-

lrr

rrr~irc

rn.b.4

L

~e

ke2t O&

fW

mPPk

FC!VP~Y.

The

written response to this Violation Notice

must

indude information in rebuttal,

explanation, or justification of each alleged violation

aad

must be submitted to the Illinois

EPA

bv cerfied mail, within 45 days of receipt of this Violation ~otke. The written

response must also include a proposed CompIistnce Commitment Agreement that commits

to

specific remedial actions, includes specified times for achieving each commitmebt, a&d

may inehzde a statement that compliance

has

beta achieved.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

0998215024-LnSniie

Count)

Sheridan (Mission Twsp.)/Sheridaa Sand

&

Gravel

FOS File

NARRAI'IVI4 INSPECTION KEPOIR'T

On April 19, 2005,

X

(Sham Newell) inspected the above referenced facility. "f'he

purpose of the ifispsction

was

to investiaatc a citizen corn laint referred to the LaSniIe

Count Environmental Services

&

Land fise De

i

artmemt,

w

Ri

ch was then referred to

the

ional Office. The complaint, C-05- 21R. alleged that two sand

&

gravel pits

heridan, Illinois cont$ned various containe~s with waste tires and inoperable

vehicles. Apparently, there

also

was

an

allegation that contaminated diesel fuel had been

buried on site.

Christy Vargochik,

an

inspector

with

LaSalte Cowty, initially inspected the

Vargachik

two sites

on

h

J

A

ril6,

determined

2005 to

that

determine

there were

whether

dumpsters

the sites

md

contained

semi trailers

waste

containing

tires. Once

wastc

Ms.

tires on site,

the

go~kford Regional Office

was

no"Jhed. Aceordifig

tc h&?+l!e

CcXmt,y

court

records,

the

ro

erty

Iocafcd at 2679 N 4201

Rd

is ownedtopcrated b Branko

&

Tony

Vardijan

o

P

C

i!.

xcago, Illinois. Brmko V~vdijan apparently owns

i

avenswood

Disposal Service, a copsts"uction

&

demolition debris

transfer

station located

at

221

N.

Wahteaaw

in

Chicago, l[llhois

60612.

Accordiiig to IEPA records, Ravelwood Disposal

Service has a site number LPC#03 1627520 1 in the SEfDS database.

IEPA

database

SO

verifies

that

there

ap aently was a diesel spill at Ravenswood Disposal

Se~ce

that

generated

an IEMA

*

f

20012066 number on December 19, 2001. The Ci'ry of Chicago

Environmental

Services

Division,

unde~

a delegated agreement

with

the

IEPA,

performs

been

inspections

noted d~ng

monthl

2

e

at:

City

Ravenswood

of Chicago

Disposal.

inspections.

No apparent solid

waste

violations have

Before invesdgating

the

site

on April 19, 2005, Ms. Vargochik and I attempted to contact

Br&o

Vardijm

at Ravenswood Dis

sal

Setvice, He

was

not available but at

approximate1y 11:05 A.M., Ms. vargocG received permission to enter the

property

by

speaking

with Tony Vardijan. Ms. Vargochik and I then drove to

sand

pit: #1

located

west

of Sheridan alon County

Gghwa

32. Nuinerous inoperable vehicles

and

tfucks entering

the site

with

C

i

D

waste were o

!

served on site. Ms. Vargochik and I interviewed

ban

Hughes,

an

employee who operates the site. Mr. Hughes ackpowled ed

that

clean

consbxction debris &om Ravenswood Disposal is shipped to this location.

8

n-site

records

are kept for loads leaving the facility.

Mt. Hughes

contacted his boss

md

we

then

drove

to

sand

pit

located at 2679 N. 4201 Rd, in Mission Tomhip. The irispection began

at

1

1

:20 A.M. Mr.

Hughes

unlocked the gate and

we

drove to

the

center of the pit Numerous

ino

crable vchiclcs (ino crablc bulldozer, heavy trucks),

sendbox

trailers, and seven roll-

off

\

oxes were identifie s oh site.

T

examined each container and discovered approximateiy

2,000 waste

semi,

truck, cat

md

tractor tires inside seven roll-off boxes and two open top

semi trailers.

1

estimated approxinlatcly 50% were fourkd off rim with

stagnant

waler

visible.

To

obtain an overall view of the waste tires inside the containers,

1

climbed on

top

of a nearby inoperabIe bulldozer. Four photographs

were

taken to

show

the

waste

tires

inside the contarners- Photograp11 09982 1502;1-041905-00 1 Faces northwest showing the

Cwo

semi trawon the

n

t

that contain water accmulatidn.

Photograph

0998215024-041905-002 faces %st showing the

waste

tires inside the roll-ofi boxes.

Photograph 0998215024-041905-003 faces northwest showing an overview of the TWO

o

n top trailers

full

of semi tires. Photograph 0998215024-041905-004 faces

west

s

I?

owing the waste tires inside the roil-off boxes.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

d9982kXZ4-,LaSnfIc

Cbunty

Sherldan (Mission Twsp.)/Sheridan Sand

&

Grwei

FOS

File

f then

asked

Mr. Hughes how Iong the

waste

tires were

on

site and Mr. Hughes

acknowledged that they

were

on site longer

than

one year. A satellite image taken by

USQS

on April 13,

2001

shows the semi' trailers in the center of the property- Brankc,

Vardijan was interviewed by hone that

same

day

and

achorvledged the

waste

rires were

tern

r

rarily transferred from

gi

s facility

about

a

year

ago.

Mr. Vardi'an s.tated

that

the

faci rty has disposed of waste tires through Tire Management in Aurora,

t

llinois in the

past.

f

ex rained

that

the facility must re@ster as a tire storage site, complere a

No

J

'

catiodFtegistration

form,

and submit it to Springfield, Illhois.

X

also infamed Mr.

Vardijan

&thar

a1 the

usedfwaste

tires

must

be

disposed

using an Illinois registered tire

transporter. I suggested that the facility must obtain disposal receipts to

ven@

proper

disposal.

7.I

Y

Mr.

Eughes,

ivls.

'v'agochiic, ana

1

tnen

waked

ro

rhe

"fiii area" locatired s@li'Li-~~esi

of the

waste tire storage

area.

Cienn construction debds approximately 5-8 feet thick

in

some

areas,

was

observed covexing an estimated 30 acres

of

Iand. Dirninirnus pieces of wood

and

pIastic

were found i.rl

the

area. Large chunks of concrete, rocks, bricks, sand and other

C

&

D

debris

were observed on sitc. Mr.

Elughes

stated. that this

quarry

is

not

active but

was

formerly used to wash sand. An

estimated

50% of this

area

was covered by

C

&

D

debris. The

C

&

D

debris has been manicured using

heavy

equipment

as

evidenced

'by

the

tire tracks

found

on

top of the filled

area.

Photograph

09982

1 5024-041 905-005

faces east

showing

an

overview of the

C

&.

D quarry.

Pho~opaph 0998215024-041905-006

faces

southeast showing the face of the

C

&

D

fill area. Due to the extreme thickness of the fill

area it

was

impossible to determiue whether or not dieseI contaminated soil was buried on

site.

TVA readings showed background readings

and no

samples were taken. Branko

Vardijarr was

conMcted by

phone at the end of the inspection and informed of my

findings.

I completed a

Clean

Constmciion or Demolition Debris Disposal. Site Inspection Checklist

as I

interviewed

Mr.

Vardijan

by phone. Mr.

Vaidijan

stated that the

C

&

D

waste is

screened by hand

at

the Ravenswood Disposal

transfer

station, No

FU)

or

PLD

screenings

are

completed. Mr. Vardi'an a~knowledges

that

records are mainthed

fox

each load

md

the

facility

tries

to comp

I'

y with IEPA law I suggested

that

the fiircility might

want

to

consider a screewng process for

C

&

D waste entering the

Sheridan facility.

Mr. Vwdijan

su

ested

xhar

he

and

his brother wodd considler my advice. The inspec~on concluded at

12q0 P.M.

Based on my hpection results, the following alleged usedwaste

tire

violations

were

cited:

Sections 22(k),

SS(a)(4),

55(d)(l),

55(e), 55(

),

55.6@),

55,8(b) of the Illinois

Environmental Protection Act

and

Sections 848.2

f

2(b)(4), 848.202(b)(5), 848.202(~)(1),

,

848.302(a)(l),

848.302(a)(2),

848.304(c);

848.305, 848,60l(a)(l),

and

of

35

Iflinois

Adm.

Code.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

L PC $09987

15024-LSalle County

S&WSherih

Smd

&

Grrr17e'r

DATE:

April

19.2MH

TIME:.. I

i:37

AM..

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DIRECTION: Northw~

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PHOTO

by: S,

Navel1

A

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PHOTO FEE

WME:

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w82~5024-u4~~~

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: :

COIMMENTS:

Facing

NW

showing an avemiew

of

the

DArn: April

19,2005

TTklI.3:.

1

I:40

kM.

DIR]E:C~ON:

west

PBOTO

by:

S.

XeweII

PHOTO FPEE

NAii:

W8225024-04I405-004

COMME,WS:

Fathe W

sbwing the waste tires inside

zhe roll-off boxes.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

DIGIT.\L

Bfi.90T06RXPH PHOTOCOPIES

DATE: April

4

9,2005

TIME:.

1

!

30

AM.

DIWCXON

Nodwest

PHOTO

by:

S.

Nmef

1

PHOTO

F%E

ZuAt1.E:

09'9821502.1-04E9~1

CQk&$EIWS: Pacins &WV

showing the

two

trailers from

center

to

fight of ihe

photograph

uhw

we

full

of

wste tires.

DATE: Apd

19,2005

TIME:.

I l:35

A.M

DI~~UK

WM

PHOTO

by:

S

NeweIi

PHOTO

mE

NAhE:

W982f

5DZ-29iX5-WZ

COLC/fMENTS: Facing

W

showing the

wnste

;Ires

inside

the

roil-off boxes,

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

LPC

#

09982

1

5024-hSaile

CounXy

SkridanlSheridan Sand

&

Gravel

F5S E&

DIGITAL, PHOTOGRAPH PPHOTOCOPlES

DATIE.

,A.@d

IY,2O#!j

TILW:.

2210

P.M-

DIltECTION: East

PH3[4TO

by:

S,

Xmdl

PHOTO

FILE

rWE:

09982153244343 905-a

COWNTS: @acing E

showing

m

overview of the C

&

D

qaarry-

DATE:

Apd

19,ZflQS

TIME:.

f

2:

I5

P,M-

DrnCTION;

saurfreasr

PHOTO

by: S-

Nmdl

PHOTO FILE NAhXE:

099821

5024-041905-006

COMMENTSt Facing

SE

showing the face of fhe

C

fiu

ma

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

STATE OF I~L~NOIS

ENV

I

RONHEHTAL

PROTECT

1

Otl

AGENCY

SITE SKETCH

Date

of Inspection;

Inspectar:

,&z4%~d&

Si

fe

Cade :

&2 2

g2

J

502

County:

,d~Ske

S

i

t

e

Name

:

d/p../

'dd/t/,

.

.&5/1/t

K-~L

: .

L['J@~'

-'A2

'3f/

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Image

courEsy

cf the

il.5.

Geologlcaf Survey

,G

2304

Plicr~s~ft'

Corporatjon

Terms

of

Use Privacy

Statement

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

,

Tire Storage Site Inspection Checklist

County:

LaSsIlc

LPC~~:

09982

1

5014

Rcgion:

4

- kockford

CityPacility

Namc:

ShaFidw (Mission 'fwsp)/Shcridm

Sand

&

Gavel

Facility Lmtion:

2679

N.

4201 Rd.

Sheridan,

it

6055 1

Teiepkonz:

(773) 638-7676

Date:

04-1

9-05

Tirnc:

From

11:20

A

To 1230P

Previous Inspection

Date:

None

Inspectotls):

Nc~vell: Vatzochik (LaSalle

Co.

Env.

Scry.

&

Land

Usr

Depm,)

No.

of Photos

Tken:

#

6

Weather

Sunny

SO

degrees

Na

of Samples

T~&cn:

NIA

Intervicwcd:

Dm Huches-$mploytt;

Branko Vardi,jan-prope~ty/busifies$

owner

Complaint

#:

(2-05-02

1 R

Waste Tire Haulcr

Used:

Nonc

Haulct Rcgistratibn Xumber;

N/A

Ravenswood Disposal

Responsible

PW

Mailing

Am:

Branko

&

Tony

Vidijw

Addrcss(t~j;

22

1

N

Washtenaw

Ave.

Chicago,

IL

60G12

Ptimsted Number of Used

Tire

Located At This

Facility,

includingqlte~d, bbnvcrtcdmd tq~oocstd

tirw

Tire Storage

Site

- 1

[91

€4

@I

El

El

El,

ILLINOLS ENVIRONMENTAL PROTECTION

ACT

REQUIREM~NTS

FAIL

OR

REFUSE

TO PAY ANY FEE

IMPOSED

UNDER

THIS

ACT

CAUSE OR

ALLOW

THE OPRRATION

OF

A

TIRE

STOUGE

SITE EXCEPT

IN COMPLIANCE

WITH

BOARD REGULATIONS

Note: Also Mark qpilopri&t~

Violations of

Part

848

NO PEWON

SHALL

KNOWINGLY MIX

ANY

USED OR

WASTE TEE,

EITWR

WHOLE OR CUT,

WI1MI

MUNICIPAL WASTE

EAILW

TO FILE

TNE

REQUIRED

NOTEICATION WITH

THE

AGENCY

BY

1/1/90

OR

WIm

30

DAYS

OF

COMMENCEMENT

OF THE

STORAGE ACTIVITY

CAUSE OR ALLOW THE

OPERATION

OF A TRE

STOWB

SITE

WHICH

CONTAMS MOE

WAN

50

USED

rras WITHOUT

MEETING

THE FOLLOW~G REQUIREMENTS

BY JANUARY 1 OF

EACH

YIEAk

i

Register

the Site

with the Agency

ii

Ctttify

to

the Agcncy

Ulaf

the

Site Cornplies with

any

Appli~ablc Standards Adopted by the

Board Purshant to Section

55

2

iii.

Rcport

to

the Agency the Number

of

Tires Accumulated,

the

Status of Vector Controls,

and

the

Actions Taken Yo Handle and Process

tke

Tires

iv.

yay

the Fee Requirtd

under Subscotion

(b)

of

Sdior!

5'5

6

CAllSE OR UOW

THE

STORAGE, DISPOS~,

TWATMENT OR PROCESSINCr OF

ANY

USED

OR

WASTE TIRE

IN VIOLATION

OF ANY REGULATION OR STANDAIlD ADOPTED BY

Ti43

BOARD.

Note: Also

Ma

appropriste Violations of Part

848

A~~~NGE

FOR

THE

TRANSPORTATION OF USED OR

WASTE

TIUS AWAY FROM THE

SITE

OF

GE~RATION

WITH A

PERSON KNOWN

TO

OPENLY DUMP SUCH

TIRES

ENGAGE

IN

[N

APERATIOP4

AS

A

USEU

OK

WASTE

TIRE

TRANSPORTER EXCEPT N

COMPLIANCE

WITH

BOARD REGUTIONS

Note:

Also

Mark

a Violation of

Subpart

F

CAUSE

OR

ALLOW

COMBUSTION

OF

ANY

USED

OR

WASTE

TIRE

IN AN ENCLOSED

DEVICE

UNLESS A PERMIT KAS

BEEN

ISSUED

BY

1NE

AGENCY

CAUSE

OR

atow

THE USE OF PESTICIDES TO

TREAT

T&S

EXCEPT

AS

PESCZBED

BY

1

2

3

4

5

6

7

8

2f(k)

55(~)(4)

55(b-1)

S5(4

Sfi(d#l)

55(e)

SSff)

55(d

9

ro

55(h)

5x9

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

I

(2)

I

I

Have and maintain a contingency

plan

which m6ets the requiiem~ti of

Section 848,203

113

-,-.

t

Develop

a

tire

stort~gt

plan in con~ultation

with

fire

officials mcetiting

the

requirements of: 848 204 (el(

1 )

(A)

considering

fhe

type of building

to

bc used for

the

tire

starige

(R)

a

the

plhn

shall intl~tdt tire storbgc

arrmgcmmr:

nisle spacc;

rlchrftncc di~thn~k~

hct~vzcu

tiw

Mcct thc rccord

keeping

and reporting rcquirmmts

of

Subpm

C

Note:

Also

Mark a.Violatbn of

Section

548,

Sabpm

C

1

A

BUILDING

THAT

STORES MORE

THAN 10,000

USED

OR WASTE TIRES.

ANL3

WAS

CONSTRUCTED

AFTER

5/10/91,

FOR

THE

PWMY

PURPOSE OF

STORING

USED OR

WASTE

Trms,

SHALL

COMPLY

WITH THE

NFPA

23

1

D

BUILDING

STANDARD,

piks

and

sprinkler

desflectors;

md

access ro fire fighting personnel

md

cquipncnt

(Cf

a COPY

Ofthe

phi

shall

be

filed

wit11

the

Agency within

60

days

and inlplcn~ented

withici

14

days of filing with the

Agency,

- .,,..,

- -

848.205

OWNERS

OR

OPERATORS

OF

TIRE

STORAGE

SITES TREATING USED OR WASTE

TIRES

W~TPI

PEST~C~DES

-

PURSUANT TO

IBIS

PART

OF

ITUX

XIV

OF THE

ACT

(SHML);

i

-- -

848 303(b)

FAILURE

TO ECORa

1N

THE

DWLY

TIRE RECORD

THE

FOLLOWIING MFOWT1ON

(1)

Weight or volame of

used or

wastc

tircs reteived

gc

me sire during the optrating

clu?

(2)

a

Wcight or volumc

of

used or

waste

tires

transported

from

the

sitc and

the

destination

of the

tires SO

transportcd.

(3)

a

Total

numbcr of

used

or

waste

tires

remaining in

storage

nt

thc

concl~sion

of

the

day

(4)

[3

Weight or volarne

of used

or waste tires

burned

6r

csmbustcd during the day

. .

(a)

I

The site

~~wnber,

name

and address and the

calendar

year

for which the

summary

applits.

(

I

(a)

(b)

Day of the Week

Dare

Agency

Site Numbcr

Site

Name

and Addru!$s

1

The

weigfir

of

volume

of

used

or

waste

tires rcecived

at

thc

sitc during the calendar year

f

(4

Notify L~IG

Agrnl;y

OBP~ticide USG

Within

10 Days uf

Exh Appli~~iorr

N~tificati~rl

sldl iacltlds

die

information

in

848.20S(b).

24 848 205(d)

Persons

Applying Pcsticidcs

to Used

and

Waste Tires Must Comply with the Requirtmenrs

of the

I(1iaois

Ptsticide

Act

(111.

Rev. StaL

1989,

ch.

5,

par

801 ct seq.)

--

.

1

The

weight

or votume of used or

waste

tires

transportcd

from

thc sitc

during

the

~alcndar

year,

- --

--

-- -

-

TJse

a Pcsticidt; Labeled

-

fir

Control

of

Moquito

Lmae

Unless an

--

Adult Mosquito Problem

ir

'Idcntificd

Main& a record of pesticide

use

at the site which shall include for each application:

a

(bX3)

fit

total number of

used

or

waste tires

determined in

PIX

remaMng in

norage

a1

rhe

cbnctusio;

of the

calendar

Year

CI

PART

&18:

SUEPART

C:

RlCCOW

KEEPING AND

REPORTING

Note: Applies to

Storage

Sits with More thah

500

Used

or

Waste

Tires

I

LPC

61.

UTU

Ere

$torag%

Sib

-

4

RBu

214197

(1)

XSnto

of

Pcsticida Applicaion

f3

(2)

0

Nwbet

of Used

or

Waste

Tirts T~cated

(3)

Amount of Pesticide Applied

(4)

Type of Pesticide Used

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

'Tire

Storage Site

-

3

IPC

Y:

~q~g2/~~

+&-&

~"4%

"""

pq +/9

-Q6,r

17

1

848-202(d)

(1)

(2)

j

.---

.---

(A)

r~ires

ahre

scparnted by

n

&rn

1

5

rim& rht: heighr of the tire

piit

(B) a:

Szpntrrion

R?quirernco~s of

this

piW

M bDD1TTQN

TO

THE

~EQUIREMENTS

$ET'FOFU'l-l

IN

848,202

(b)

AND

(c). THE.

OWER

OR OPERATOR

AT

SITES AT WHICH

THAW

10,000

USED OR

WASTE

TIRES

NtE LQCATED

SHALL:

Complctcly

I__.._..

Stirround thc Site

By

Fell~irlg

in

Goud

Rcpuir Which Is Not less then

6

Fcat in Height

- .

1

ti

Maintain

m

Gnmce to the Area Whcrc

Usrd

or

Waste

rites

ate

Located, Which

is

Confrollcd At all Times by

an

Artendany. L~ktrI Enrrrtncz Televisinh hfonitbr~, Confznlled

Rbndway

AcoesS or

Other

Equival~.nt

Mwhmism

i

i

fl

--

(3)

n

.

!

Complctcly Surround the

Atea

When

Used

m

Waste

Tires Are Stored by

ati

!&then Berm or

Orhcr

Strueturcs

Not Less

Than

2

Fcct

in Height

Capable

of Containing Runoff Resulting fiorn Tirc

Fires,

md

Acccssiblc by Fire Fighting Equipment, Except that the Owner or Operator Shall Provide a

Menns

for

Aces

through or Ovcr

thc

Bcrm

or

Other Structure

18

848.203

&

,,

--

COrSrlNGENCY

PLAN

REQUTEMENTS FOR STORAGE

SUES

WITH

MORE THAN

500

TIRES

STOUGE

OP

USED ANb WASTE TWES WITHIN EUXLPINGS

(a)

(b)

04

(0

(4

,p

k)

(h)

.-

The ~wner/~pcratar

must

meet the requircmcnti of Section 848.203

Note; Also

Ma!k

a Violation

of

848

203(b).

(c),

(d),

(e),

(0,

(21.

or (h)

The

contingeng plan

must

bc designed to rninimizt the hazrlrd to human health

$nand

thc environment fr0m

fires

and

run-oBofcontsminanrs rehlting

from

fires

and

froom disease spreading mosquitos and ocher nuisancc

organism$

which may brccd

in

water

accurnllfati~ns in

used

Or

-

wsM tires

[3

i

I

i

0'

.I

63

19

20

Immediately

irnplemenr

Lhe

contingency plan whenever there is a

fire

or

run-offresulring

fibm a tirc

fire.

or

whenever

there is evidence

of rnorqufro

prod~c$ion,

&4-8.204(a)

FA&UE

MEET

THE

REQUWMF,NTS

OF

SECTION

848

204

Note:

ALSO Mark a Violatiorl of 848 204(b). (c), or (d)

El

(2)

All

of the Bdldinp~

Windows

md

Doors Maintained in Working Order and Secured f0

Prevent Unauthon'zed Access,

(3)

The Building

k

Maintained So That

it Is

Pully Enclosed

and

Has

a Roof and Sides Which

Are

Impennenbie to Prc~ipitation

(4)

The Storage of

Used

01 Waste Tire Is not in a

Single

Family Home or a Residential DweIling

M AUDITION

TO THE

REQUIREh4ENTS

SET

FORTH

IN

SECTION

848.204(b), THE

OWNFR

OPERATOR OF

A

SITE WITH

500

0#

MORE USED

OR WASTE TIRES STORED WITHIN BUILDINGS

SI4nLL:

-. ." .

21

1

~48

204(b)

848 204(c)

1

1

I

The

~~ntingcncy

ph

must describe the actions that must be taken

in

response to fires.

run-affxeshWsg

from

tirc

fires

md

mosquito brccding in used or waste tires..

The Contingency

plan

must

include evacuation prbcedures for site personnel, including signals. macuaion routes

and alternate

evamation

routes as wet1 as provisions for pesticide application.

Thc

contingency

--

plan

must

be maintained at the sirc and submitted to statc and

local

authorities.

STORAGE

OF

LESS THAN

RO

~~RES

WITW

A

BUILDING ALLOWED

IF:

(1)

0

Tires Drained of All Water

f

ridr

to

PIacement in

the

Building

coordinator chmges.

The contingency plan must be nvicwed and amended within

30

days ifthe

plan

&Is or thc cmmsency

At

all times, there

mast

be one mpliyee on

site

or an cail with rtisponsibility for coordinating emerpnoy

fesponse

procedores. The emergency coordinator

musL

be famiiiar

with

the

plan

and

all

apects

of

the

sire,

and

have

the authority to

commit

the

resources to carry out the

plm.

0

a

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Thc wcight or vofumc of

uscd

or

waste

tires

combusred

during

thc

cnlrndar yw.

1

I

. .

<

(n

29

1

848404(c)

I

(

FAILURE TO SUBMITTHE ANNUAL TIRE

SUMfvlARY

BY

JANUARY 3 I

OF

EACH YEAR

1

1

PART 848: SUBP.A,RT

D:

FINANCIAL

ASSURANCE

NOTE: Applies to Sites which hnve.Slored

5000

or

More

Used or Wrlstt Tircs

AT TIRE STORACE SITES AT WHICH TIRES ARE

ElRST

STORED Oi\l

OR

AFTER

1/1/93.

FAILUWE

TO

COMPLY

wrm

SUBPART D

PRIOR TO STOR~NG

ANY

USED

OR

WASTE TLRES

'PJotc:

At&

Mm k

a

Violhtibn of 848 40

1

or 848.404

(

TRE

FOLLOWING VIOLATIONS MhY

BE

CITED WHEN WASTES, INCLUDING TIRES. HAVE

BEEN

DISPQSRQ AT A TIRE

STORAGE SITE

-

-

-

32 848.400(b)(2)

AT TIRE STORAGE SITES AT

WHICH

TIRES

ARE STORED

PRIOR

TO

X11192,

FAILURE TO

I

COMPLY WJTH

SUBPART

D

BY

1/1/92.

GJ

Note: Also

Mulark

a Viofation of 848.401 or 848 404

33 848.401Ca)

COST

FAILURE

ESThdATE

TO

b4IMTWf.I

CAtCULA'rED

HNANCLAL

PURSUANT

ASSURANCE

TO

SECfiOK

EQUAL

848

TO

404

OR

GREATER

AT

Aii

TlivfES.

THAN

EXCEPT

THE

CURRENT

A';

a

i

I

RWISE

PROVIDED

BY

848

401

(b),

CAUSE OR ALLOW OPEN BURNMG

1

34

LPC 61-rlN

Tin

Srarq~e

$it6

-

5

Rcv

a4187

84&.401(b)

'FAILURE

To

INCUASE: YkIli I0 i

AL,

AMOUNT

OF

FINANCIAL

ASSURANCE

SO

AS TO

EQUAL

THE

I

C'UWNT

COST

ESTIMATE WITHIN 90 DAYS

AFTER

ANY OF

THE

FOLLOWING:

a

35

i

848 404(aX2)

(1)

[II

an increase

in the

correnr

cost

estimafc

-

i

1

1

i

-

1

I

I

i

I

(2)

a

decrtase

in the

vaI~1~

of a

tr~t

fund

(3)

0

a determination by the Agency that

w

owner or operator no longer meets the

fumcial

test

of

1

n

i

3

Section 848.4 I5

(4)

notification by the

owner

41

opemor that

the

owner

or Operator

intends to substitute

alternative financial assurance, as specified

in

Section

$48.406 for self-instkrmtc

BY

JANUAliY

1

OF

BACW

YEAR,

FAILURE

TO

SUBMT'I' A

WMTEhI

COST

ESTIMATE

OF

THE

COST

OF GMOVING

ALL

TRES.

36

-"

,..

848.4Wb)

. .. . ..

1

PA%W@

TO

REVISE

-.."

THE

COST

ESTIMATE' WHEN

COST

ESTIMATES

INCREASE.

PART $48: SUBPART

B:

TIRE TRANSPORTATION ~FCEQWIRIEME~S

37

El

38

39

40

848.60

1(a)

NO

PERSON

SW TRANSPORT

MORE

WAN 20

USED

OR WASTE

TIES

1"N

A VEHICLE

UNLESS

THE FOLLOWING

REQUIREMENTS

AkE

mT;

(1)

[Xj

the

owner

os

operator

has

rcgistefed

Ihe vehicle

wiih

the

Agency

in accordance

M/im

Subpalr

THE

DATE

ON

WJCW

Tm

REGISTRATION

EXPIRES

848.601(b)

F,

received approval

of such registration fiom the Agency, and such

registration

is currcnq

valid and in

effect

(2)

the owner or operat01 displays

&placard

on the

vehicle, issued

by

the

Agency folIowing

registration, in accordance

with

the rtquircmcnts

of Subpart

F.

NO PERSON

SWL PROVTbB

DELIVER OR

TWNSPORT

USED OR

WASTE

TIRES TO

A

TI#E

TRANSPORTEY

FUk

TRANSPORT UNLESS

TIE

TRANSPORTERS

VEHICLE

DISPLAYS

A PLACARD

ISSUEb

BY THE

AGENCY UNDER

SWBPART

F

IDENTIFYING

THE;

TRANSPORTER

AS

A

MG.LSTEIRED

TIRE

ISAULER,

L.

-

-.

, ,,,

848.606(&)

ANY

UPON

VEHICLE

APPROVAL.

REGISTERED

OF A REGISTRATION

TO

TUNSPORT

AS

A

USED

TIE

TRANSPORTER,

OR

WASTE

TIES

THE

SHALL

OWNER

PLACE

OR OPERATOR

A PLACARD

OF

*I

013

OPPOSITE SIDES

OF '?'HE

VEWTCLES

WHICH DISPUYS

A

NUMBER

ISSUED

BY THE

AGENCY

~

0

THE

WORDS

~ "Registered

0

Tite

Transporttr:

~

(number)

~

"

g48 Mqb)

REG~STERED

TIRE

TRANSPORTER NUMBERS

AND

LETTERS

SHALL

BE REMOVABLE

ONLY

BY

DESTR'UCTION.

DIRECTLY

ADJACENT

TO

WE WORDS

AND

NUMER

THE

VEHICLE OWNER

AND

CI

OPE#ATOR

SHALL

DISPLAY

A

SEAL FURNISHER BY

TI-IE

AGENCY

WHICH

SIIALL DESIGNATB

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Sbveagiag

Open

Burning

Deposition

---

of

Waste

.

in Standing

ot

Flowing Waters

Aa

821

$02

J

-L&C/C

109-19-Qg

-.--

CAUSE, THREATEN

OR

ALLOW

WATER POLLUf

ION

IN

ILLINOIS

I

(5)

I

Pnlife~ation of

Disme

Vectors

1

I

Standing ot Fiowing Liquid Discharge from

the

Dump

Site

I

" .-

I

I3

I

NO

PERSON SHALL:

CAIJSE

OR

ALLOW

OPEN

DUMPICN%

I7

LJSEDTIRES

Ei

a

OTHER

WASK

46 21(d)(2)

CONDUCT

A WASTE

STORAGE

OPERATION

IN

VIOLATION OF ANY REGULATIONS OR

S~ANDARDS ADOPTED

BY

THE

BOARD

UNDER niIS

ACT

5

Note:

Also

Muk appropriate

Viobtions

of

Part

848

DISPOSE. TREAT,

STORE,

OR ABANDON ANY WASTF AT A SITE

WCB

DOES

NOT MEET

THE

REQUIFGMENTS

OF

mrs

ACT

AND

IUEGULATIONS,

D

Note:

Also Mack appropriatk Violations of

Part

848

48

2Up)

CAUSE

OR

ALLOW

'I'HB

OPEN

DUMPING

OF

ANY

WASTE

M

A

MANER

WHICH

RESULTS N

ANY

OF THE

FOLLOWNG

I

I

. -

-,

1

44

13(d)

I !.

(1)

Cause

or

Allow

Open

Dumping of

Any

Used

or

Wastc

Tire

I

CREATE

A WATER

POLLUTION HAZARD

I

(2)

1

Caw

or Allow

Open

Burning of Any Used

or WWt

Tire

i

-.

I

I

I

1 (51

1

Abandon,

Dump

or bispose

of

Any

Used

or

Waste

Tire

on

Private or Pubtic Property

Inl

OTHER REQUIREMENTS

APPARENT

~IOLAITON

OR

(~)PCB

CASE 1\TUMP;Ek

(a)

CIRCUIT

COURT

ORDER ENTERED

ON:

I

I

4

I'

I

Signature of lspcctor(s):

~~ional

Nw:

1.

[nlinob] Enmnmental Pmtcction Act: 415

ILCS

511 C? stq,

2.

minois

Pollution

Control

Bbard: 35 Ill.

Adm.

Code,

Subtitle

G

3.

Illinois PolloKofl C~+lhd

Bwd: 35

Ill.

Adm.

Code,

Subrlde

Q,

G~~FCI

I. SdbcRapter

m,

Part

848.

4

Statutory

sad reg~ilatbry

nfcrcnm hwein

are provided

fw

convenierlee

only

and should not

be

coutmed

as

legal conclusions of the Agtncy

or

as limiting

the

Agency's

sta~~mryor

regulhmypowcrs. Reqrlirments

of

somc statutes and rcplations cited

are

in

smmry

tha

Fun

text

ofrequiremtnts can be forlnd in rhe

refd lis~d in #I, #2.

md

#3 above

5.

The

pro~is'm

$$ubsation

(p)

of Section 21

ofthe

fIilinois] Environrntntal

f

rotection

Act

shdl br

tsforaablc

eimei

by

ndrnirtistrativc citation udde

Secrion

3 1,l

oftfic Act or by complaint

usdci

Scction 3 1 ofthe Act

'

6

This

insptcti6n

tonducfCd in

accordance

with

W~ls

qc)

md

4(d) dthc [lltinois] Eneironmenraf PrOtcCtion

Act:

4

15

ILCS

5/4(c) and

(d).

7

Item

marked

wifh

an "NE"

wete

~OT

evdmed

m

the

time

of

&is

ifipection

.

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

ILLINOIS ENVIRONMENTAL PROTECTTON

AGENCY

Clean Construction or Demolition Debris Disposal

Inspection Checklist

County:

LaSalle

LPC#:

09982 I

SO34

Region,: Roc kford

4

LocatiodSite Name: Sheridan (Mission Twsp)/$hefidan Sand

&

Gravel

Date:

04-

19-05 Time: From 1 1 :20A

To I2:3 0P

Previous Inspection Date: None

i

hpector(s): Newell; Vargochik (LaSdle

Co.

Env.

Weather. Sunny,

Very

windy

75

degrees

Serv.

&

Land Use Dept.)

.,

No. of Photos

Taken:

#

6

NO Samples Taken:

Yes

#

fill

Interviewed;

Dan

Hughes-employee;

Branko

Vardijm-owner Facility Phone No.

:

(773)

63876i6

by phone only.

GPSCOO~~~~S:

-88,66273

41.53782

I.

Is

there

a load screening procedure in place

to

verify

that ody cleduncontaminated C

&

D debris is

accepted?

Yes

-X-

No

-

2. Does

the site

use

my

of the following to screen incoming loads?

PID:

Yes

NO

X-

PID:

Yes,

No

2-

Other

method used: C&D

loads

are

screened at the

Ravenswood

Disposal

Company

(permitted

transfer

station) located

in

Chicago,

L. Owner, BraYlko

Vardijm

alleges

by

phone

that

all C

&

D

waste

is

screened

manually

at

the

Ravenswood

facility prior to entering

the

SheriAn

Sand

&

&avel

facility. There is no PID or

FlZD

screening taking place

at

Ravenswood nisposd.-

3. Does

the operator screen incoming loads for asbestos?

Yes

No

x-

4. What are

the

h~urs

of

operation? 7:00

A.M.-3;30P.M.

-

5.

Is the site

secwe during non-operating hours?

Yes -X-

No

-

6.

What procedures are in place to remove non-clean constsuction or demolition debris fill materids that are

received? Explain MmmlIy removed at

bvenswood

Disposal

facility

located

in

Chicago, IIlinois.

.

Page I

of

1

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

7. Is filling taking place hawetland? Yes

No X--

8.

Is

the

dean

C

&

D being deposited so as to be no higher than the highest point of elevation existing prior

to

filling?

Yes -

X

-

No

--

9.

Does this kcility perform rock crushing activities on site? Yes

No -x-

10. ]Has

fie site been covered with soil to support vegetation? Yes

,

No

-

X-

NAP

Explain. Branka

Vardijan stated by phone that there are plans in the future

to

fill in the quarry with

several feet of C

&

r) waste and eventually seed tbr vegetation.,

. .

-

--1fs

'the site opera.ting in-ction

3.160 (b) of the-AEt?"Yes

No

x-

Record Keeping

12

Are

employee training procedures

in

piace?

Yes

KO

-X-

Documented?

Yes

-

No _X--

13.

Is

a daily log of incoming loads maintained?

Yes -X-

No

,,

14.1s

the

Generator of the Clm

C

&

D

recorded in the log?

YesX

No

15.

Is the Transporter of

the

Cleah

C

&

D

recorded in the fog?

Yes-X-

No

16. Is

the place of oFigin of

the

Clean C

81

D

recorded in the log?

Yes . ,

NO-xX

17. If the site is over one acre does the facility have

a

Storm Water Pennix issued by the Bweau

of

Water?

Yes

No

-x-

Permit

Date Issued:

- -,,

Agency Field Sampling

&

Screening

2

8. Was a sample from

k

incorning load collected?

Yes

m2L..-

19.

Was a sample from the deposited

fill

collected?

Yes

No Ax--

TVA reading: background

20. Does the operator how of

any

other operating clean C

&

D

disposal sites in the area?

List:

Page

1

of

2

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

August 26,2005

Sheridan

Smd

Sr.

Gravel

Attn: $rank0 Vardijan

.

. 267f~orth4201

Road

:$

Sheridan;'Rlhois

60551

Re:

Notice of In&nt to Pursue Legal, Action

LPC

#0998215024 -

LaSalle County

Sheridan (Mission Twp.)/Sheridan Sand

&

Gravel

Compliance File

Dear Mr. Vardijan:

This

Notice

of

lntent to Pllrsue Legal Action is provided pursuant to Section

3 I,(%)

of the

Illinois Environmental Protection Act

(:'Act"),

4 15 lLCS

513

1

@)(2002).

The Illinois

Environmental Protection Agency ("Illinois EPA") is providing this notice because it is

the: belief of the Illinois EPA that the alleged violations which are set

forth.

in Attachment

4

cannot

be

rgolved

without

tbe

involvement of

the

Office of the Attorney General or

the

State"

Attorney.

he

Illinois

EPA is

providing this notice because if may pursue legal action for the

violations of envko~l~leultal

statutes,

regulatiom or permits specified in Attachment

A.

This Notice of Intent to Pursue Legal Action provides you

tha

opporhmity to schedule a

,

meeting wilb represenliitives of the Illinois EPA to attempt to resolve the violidlions of he

Act, iegulations

and.

permits specified in Attachment A. If a meeting is requested, it must

be held within thirty (30) days of receipt of this notice

utdess

an

extension of time is

agreed to by the IUinois

EPA.

ROCKFORD

-

4302 Forth Main Street,

Rockford, 1L

61

103

-

(81

5)

981-1760

-

b~s

P~~INES

-

951

1 \hl:~a~ri~n

St,, Des Plaiher, IF 60016

-

(847) 294-4000

ELGIN -

595

South State,

Elgin, I1

6012

rrd,

IL

61 614

-

(309) 693-5463

Bvmu

OF

LAND

-

PEORR- 7620 N. University

St,

Peoria,

%Stwe$ Champaign,

11

61

820 -

I21 7)

T18-sBM

SMINCFSLD

- 4500

S. Sikh Street Rd

,

Springfield,

I

et,

~olihsvlile,

K

62234

- (61

8) 346-5120

ON - :

EXHIBIT "B"

00

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Due to ha

aature

and

seriousness of the violations cited in Attachment A, please be

advised that resolution of the violations may require

the

involvement of a prose~utorial

authority for purposes that may include, among others, the imposition of statutory

pen,alties.

lf

you

wish

to

schedule a meeting

with

representatives of the Illnois EPA or have any

questions, please conwt Paul Jagiello at

8471294-4076

within 20 days

of

your receipt of

this nbtice.

Sincerely,

Paul

Jagiello

Assistant Come1

Division of Legal Counsel

Electronic Filing, Received, Clerk's Office, March 29, 2007

---

Attachment

1.

P~$~a;nt

to

Section

21&)

of the [Illinois] Environmental Protection Act (415 ILCS

5/21

(k)),

no person shall fail or refuse to pay any fee imposed under this Act.

A

violation of

Scction

21(k)

of

the

[Illinois] E~lviromeataI Prolection

Ac;t

(415

KCS

5/21(k))

is

alleged for the following reason:

Failure

to

pay the required

$100.00

Annual Tire Storsgc

fee for

2005.

2.

hsuant to Section 55(a)(4) of the

[Illinois]

Envixonnental Protection Act (415

KCS

5/55(a)(4)), no person shall cause or allow the operation of a tire storage site

except

in

complianct with bard regulations.

A

violation of Section

55(a)(4)

of the [llinois] Enviromental Prote~tion Act (415 ILCS

5/55(a)(4))

is

alleged

for the

following

reason:

Waste

tires have

accumulated

OB

site for

10hger than a year.

3.

h~uant

to

Section

SS(d)(l) of the [llIinois]

Eqvironmcntal Protection

Act

(415

If/CS