RECEIVEDCLERKS

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BO

2 i 2006

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

V

.

SHERIDAN SAND & GRAVEL CO.,

Respondent.

Pollut

onControlILLINOIS

f

Board

PCB No. 06-177

MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER

AND AFFIRMATIVE DEFENSES

Respondent, SHERIDAN SAND & GRAVEL CO . ("SHERIDAN"), by its attorney,

Kenneth Anspach, pursuant to 735 ILCS 5/2-616(a) and 35 Ill .Adm.Code 101 .100(b) hereby

moves the Pollution Control Board for leave to file to its First Amended Answer and Affirmative

Defenses, a copy of which is attached hereto, and in support thereof states as follows :

1 . SHERIDAN filed its Answer and Affirmative Defenses on October 13, 2006 :

2. 735 ILCS 5/2-616(a) provides, in pertinent part, as follows :

At any time before final judgment amendments may be allowed on

just and reasonable terms changing the cause of action or defense

or adding new causes of action or defenses, and in anyy matter,

either of form or substance, in any process, pleading, bill of

particulars or proceedings, which may enable . . .

the defendant to

make a defense or assert a cross claim

.

3. Obviously, final judgment has not been entered, so filing an amended answer and

affirmative defenses must be allowed .

---

WHEREFORE, upon the above and foregoing, SHERIDAN moves for leave to file to its

First Amended Answer and Affirmative Defenses, a copy of which is attached hereto .

Respectfully submitted,

Respondent, S RIDAN SAND & GRAVEL CO.

Kenneth Anspach, sq.

ANSPACH & ASSOCIATES

8 South Michigan Avenue

Suite 3400

Chicago, IL 60603

(312) 407-7888

2

---

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

V .

SHERIDAN SAND & GRAVEL CO.,

Respondent.

PCB No. 06-177

RMOM

CLERKS

., . IVED

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTRWp"

;

IS

Pollution

STATE OF

Control

ILLINOISBoard

MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER

AND AFFIRMATIVE DEFENSES

Respondent, SHERIDAN SAND & GRAVEL CO

. ("SHERIDAN"), by its attorney,

Kenneth Anspach, pursuant to 735 ILCS 5/2-616(a) and 35 I11

.Adm.Code

101 .100(b) hereby

moves the Pollution Control Board for leave to file to its First Amended Answer and Affirmative

Defenses, a copy of which is attached hereto, and in support thereof states as follows

:

1

. SHERIDAN filed its Answer and Affirmative Defenses on October 13, 2006

.

2

. 735 ILCS 5/2-616(a) provides, in pertinent part, as follows :

At any time before final judgment amendments may be allowed on

just and reasonable terms . . .

changing the cause of action or defense

or adding new causes of

action or defenses, and in any matter,

either of form or substance, in any process, pleading, bill of

particulars or proceedings, which may enable . . .

the defendant to

make a defense or assert a cross claim .

3

. Obviously, final judgment has not been entered, so filing an amended answer and

affirmative defenses must be allowed .

---

WHEREFORE, upon the above and foregoing, SHERIDAN moves for leave to file to its

First Amended Answer and Affirmative Defenses, a copy of which is attached hereto

.

Respectfully submitted,

Respondent, S RIDAN SAND & GRAVEL CO

.

Kenneth Anspach, q.

ANSPACH & ASSOCIATES

8 South Michigan Avenue

Suite 3400

Chicago, IL 60603

(312) 407-7888

2

---

ANSPACH & ASSOCIATES

8 South Michigan Avenue

Suite 3400

Chicago, IL 60603

(312) 407-7888

Vanessa Vail

Assistant Attorney General

Environmental Bureau

188 West Randolph Street

20th Floor

C

go IL 60601

NNET

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I have served the attached Motion for Leave to File 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 27 th day of November,

2006 .

---

RECEIVEDCLERK'S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BMW

2006

PEOPLE OF THE STATE OF ILLINOIS, )

Pollution

STATE

OCont

ILLINOISof

Board

PCB No. 06-177

Complainant,

V .

SHERIDAN SAND & GRAVEL CO.,

Respondent.

FIRST AMENDED ANSWER AND AFFIRMATIVE DEFENSES

Respondent, SHERIDAN SAND & GRAVEL CO . ("SHERIDAN" or "Sheridan

S & G"),

by its attorney, KENNETH ANSPACH, pursuant to 35 I1l .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 31

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"),

---

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 5/4 (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 5/4 (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 .

2

---

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

.

3

---

ANSWER :

SHERIDAN ADMITS the allegations that Illinois EPA received a

response to the VN from 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 11

.

12

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

part, as follows :

(d)

Beginning January 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, 415 ILCS 5/54

.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, 415 ILCS 5/54

.13

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

.

4

---

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

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

in Section 54.13 of the Act, 415 ILCS 5/54.13 (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, 415 ILCS 5/54 .12 (2004), provides as follows :

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

or processed, other than (1) 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, 415 ILCS 5/54 .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, 415 ILCS 5/54

.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

5

---

tires, and failed to pay the fee required under subsection (b) of Section 55 .6, in violation

of Section 55(d)(1) of the Act, ILCS 5155(d)(1) (2004) .

ANSWER: SHERIDAN DENIES the allegations of paragraph 17 .

18 . Respondent operated a tire storage site in violation of Section 55(d)(1) of the

Act, 415 ILCS 5/55(d)(1) (2004) .

ANSWER: SHERIDAN DENIES the allegations of paragraph 18

.

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 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)(1) 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)(1) 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(1) (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

.

6

---

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 1 .

COUNT II

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 II .

ANSWER : SHERIDAN repeats and realleges its answers to paragraphs 1

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

17. Section 55(e) of the Act, 415 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, 415 ILCS 5/54.16 (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, 415 ILCS 5/54.16

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

.

19 . Section 54 .04 of the Act, 415 ILCS 5/54

.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 .

7

---

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 5/54 .04 and 54.16 (2004) .

ANSWER : SHER DAN 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,

8

---

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, 35 Ill. Adm. Code 848 .202(b)(4) and (5) and speaks for itself and DENIES

the remaining allegations of paragraph 21 .

22 . Respondent stored or disposed of used and/or 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 .202(b)(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 II :

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 from 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

;

9

---

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

allegations of Count II .

COUNT III

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 II as paragraphs I through 20 of this Count III .

ANSWER :

SHERIDAN repeats and realleges its answers to paragraphs 1

through 20 of Count II as and for its answers to paragraph I through 20 of this Count III .

21

. 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 31 of each year and shall

cover the preceding calendar year .

10

---

ANSWER :

SHERIDAN avers that Section 848

.304 of the Board regulations, 35

Ill

. Adm. Code 848 .304, speaks for itself and DENIES the remaining allegations of

paragraph 21 .

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 Agency .

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, 415 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 III

:

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 .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 Ill . 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(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 III for the reason that the prayer for relief is not sustained by the

allegations of Count III .

COUNT IV

ALLEGED FAILURE TO PAY REGISTRATION FEE

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

paragraphs I through 20 of Count II as paragraphs I through 20 of this Count IV

.

ANSWER :

SHERIDAN repeats and realleges its answers to paragraphs 1

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

.

12

---

21 . Section 21(k) of the Act, 415 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 21(k) of the Act, 415 ILCS 5/21(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, 415 ILCS

5/55 .6(b) (2004), speaks for itself and DENIES the remaining allegations of paragraph

22.

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)(1) and 21(k) of the Act, 415 ILCS 5/55

.6(b), 55(d)(1) and 21(k) (2004) .

ANSWER :

SHERIDAN DENIES the allegations of paragraph 24 .

13

---

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 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)(1) and 21(k) of the

Act, 415 ILCS 5/55 .6(b), 55(d)(1) and 21(k) (2004) ;

3

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

Sections 55.6(b), 55(d)(1) 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 5/2-604, 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

REQUIREMENTS

1-20

. Complainant hereby realleges and incorporates by reference herein

paragraphs I through 20 of Count II as paragraphs 1 through 20 of this Count V

.

14

---

ANSWER : SHERIDAN repeats and realleges its answers to paragraphs 1

through 20 of Count II 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, 415 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) of the Act, 415 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 .

15

---

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 : SHERIDAN avers that Section 848 .601 of the Board regulations, 35

111. 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 EPA, in violation of Section 55(g) of the Act, 415 ILCS

5/55(g) (2004), and 35 Ill . Adm

. Code 848 .601(a)(1) .

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, 415 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, SHERIDAN 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, 415 ILCS

5/55(g) (2004), and 35 111 . Adm. Code 848 .601(a)(1) and

(2);

3

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

Section 55(g) of the Act, and 35111

. Adm. Code 848 .601(a)(1) and (2);

16

---

4. Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against the

Respondent for each violation of the Act, and an additional c vil 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 5/2-604, 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 I11 .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, 35 111 . Adm

. Code 103 .204(d)

and Section 2-613(d) of the Code of Civil Procedure, 735 ILCS 5/2-613(d), alleges and

avers that the Complaint against SHERIDAN cannot be recovered upon by reason of

operation of Sections 31(b), 31(c) and Section 55

.5(c) of the Act, 415 ILCS 5/31(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 :

17

---

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

governed by Section 55 .5 of the Act, 415 ILCS 5/55 .5 .

2 . Section 55 .5 provides as follows:

§ 415 ILCS 5/55.5. [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 advisable

.

(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 corrective action will be taken and

completed within a period of 45 days from 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 proceed pursuant to subsection (b) of this

Section. If the same person has been issued 2 written

18

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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, 415 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, 415 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, 415 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 31(a)(1) of Title VIII the Act,

415 ILCS 5/31(a)(1) . 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, 415 ILCS 5/55 .5(c).

19

---

5. Section 31(b) of the Act, 415 ILCS 31(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 fulfillment 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 31(b) of the Act, 415 ILCS 5/31(b), it must have fulfilled all of the

requirements of Section 31 (a) of the Act, 415 ILCS 5/31(a) .

6

. Yet, compliance with the requirements of Section 31(a) of the Act, 415 ILCS

5/31 (a) is conditioned by statute upon compliance with Section 55

.5 of the Act, 415 ILCS

5/55 .5 .

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

the requirements of Section 55 .5(c) of the Act, 415 ILCS 5/55 .5(c), Illinois EPA did not

fulfill the requirements of Section 31(a) of the Act, 415 ILCS 5/31(a) .

8. Because Illinois EPA did not fulfill the requirements of Section 31 (a) of the

Act, 415 ILCS 5/31(a), Illinois EPA was barred from sending SHERIDAN a notice of

intent to pursue legal action pursuant to Section 31(b) of the Act, 415 ILCS 5/31(b) .

9

. Despite Illinois EPA's failure to fulfill the requirements of Section 31 (a) of the

Act, 415 ILCS 5/31(a), Illinois EPA, purportedly pursuant to Section 31(b) of the Act,

415 ILCS 5/31(b), sent SHERIDAN a letter dated August 26, 2005 ("Notice of Intent"), a

20

---

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

31(b) and Section 55

.5(c) of the Act, 415 ILCS 5/31(b) and 5/55

.5(c) .

11

. Section 31(c)(1) of the Act, 415 ILCS

31(c)(1), 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 (10) 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 31 (a) of the

Act, 415 ILCS 5/31(a), compliance by such person with a Compliance Commitment

Agreement accepted by the Illinois EPA pursuant to Section 31(a)(10) of the Act, 415

ILCS 5/31(a)(10), or Illinois EPA's fulfillment of the requirements of Sections 31 (a) and

(b) of the Act, 415 ILCS 5/31 (a) and 5/31(b)

.

12

. SHERIDAN has neither waived the provisions of Section 31(a) of the Act,

415 ILCS 5/31(a), nor been informed by Illinois EPA that such a waiver has ever

occurred.

21

---

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 SHERIDAN pursuant to Section 31(c)(1) of the Act,

415 ILCS

31(c)(1),

Illinois EPA was required to have fulfilled the requirements of

Sections 31(a) and (b) of the Act, 415 ILCS 31(a) and (b) .

15

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

Section 31(a) of the Act, 415 ILCS 5/31(a), and because of such failure, Illinois EPA

failed to fulfill the requirements of Section 31(b) of the Act, 415 ILCS 5/31(b)

.

16

. Because Illinois EPA failed to fulfill the requirements of Sections 31 (a) and

31(b) of the Act, 415 ILCS 5/31(a) and 5/31(b), as well Section 55

.5(c) of the Act, 415

ILCS 5/55

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

SHERIDAN with the Board pursuant to Section 31(c)(1) of the Act, 415 ILCS

31(c)(1) .

17

. Illinois EPA's failure to fulfill the requirements of 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, 415 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,

22

---

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".

19 . Despite Illinois EPA's failure to fulfill the requirements of Sections 31(a) and

31(b) of the Act, 415 ILCS 5/31(a) and 5/31(b), as well Section 55 .5(c) of the Act, 415

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 31(c)(1) of the Act, 415 ILCS 31(c)(1).

20

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

31(b), 31(c) and Section 55 .5(c) of the Act, 415 ILCS 5/31(b), 5/31(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 5/2-613(d), alleges and

avers that the Complaint against SHERIDAN cannot be recovered upon by reason of

operation of Sections 31(b), 31(c) and Section 55

.5(c) of the Act, 415 ILCS 5/31(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

:

23

---

1-11 . SHERIDAN hereby realleges and incorporates by reference herein

paragraphs 1 through 11 of its First Affirmative Defense as and for paragraphs 1 through

11 of this Second Affirmative Defense .

12. Pursuant to Section 31(a)(1)(C) of the Act, 415 ILCS 31(a)(1)(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

Resolution") 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

used/waste tires on site using an Illinois registered tire

transporter . (Bold and underlining in original) .

13. The Suggested Resolution was the same both for SHERIDAN's 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 31 (a)(2)

of the Act, 415

ILCS 31(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

24

---

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

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 . SHERIDAN's completion of the Suggested Resolution constituted a timely

completion 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 31 (a) and (b) of

the Act, 415 ILCS 31(a) and (b), or by the Attorney General under Section 31(c)(1) of the

Act, 415 ILCS

31(c)(1) .

19

. SHERIDAN's 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, 415 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 .

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

under Sections 31(a) and 31(b) of the Act, 415 ILCS 5/31(a) and 5/31(b), it purported to

send the Violation Notice under Section 31(a) of the Act, 415 ILCS 5/31(a), and the

Notice of Intent under Section 31(b) of the Act, 415 ILCS 5/31(b)

.

25

---

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

SHERIDAN's 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 "D" .

23

. Despite SHERIDAN's 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)(1) of

the Act, 415 ILCS

31(c)(1),

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 31(c)(1) of the Act, 415 ILCS

31(c)(1) .

24

. The Complaint is illegal and barred by SHERIDAN's 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)

. This Board is without subject matter jurisdiction

in this cause .

26

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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 2-613(d) of the Code of Civil Procedure, 735 ILCS 5/2-613(d), alleges and

avers that the Complaint against SHERIDAN cannot be recovered upon by reason of

operation of Sections 31(b) and 31(c)(1) of the Act, 415 ILCS 5/31(b) and 5/31(c)(1), is

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

the Complaint, as follows

:

1

. Section 31(a)(1) 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 31(a)(1) of the Act, on or about May 4, 2005,

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

purportedly pursuant to Section 31(a)(1) of Title VIII the Act, 415 ILCS 5/31(a) . A copy

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

3

. Section 31(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

Office of the Illinois Attorney General

. . .for legal

27

---

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 notify 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 Attorney General . .

. for alleged violations which

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 31(b) of the Act, 415 ILCS 5/31(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 31(b) of the Act, 415 ILCS 5/31(b), thereby imposes upon Illinois EPA thereby a

statutory obligation of, alternatively, 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

. 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 31(c) of

the Act, 415 ILCS 5/31(c) or refer alleged violations to the Office of the Illinois Attorney

General for enforcement.

28

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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)(1) of the Act, 415 ILCS 31(c)(1), 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 (10) 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 31 (a) of the

Act, 415 ILCS 5/31(a), compliance by such person with a Compliance Commitment

Agreement accepted by the Illinois EPA pursuant to Section 31(a)(10) of the Act, 415

ILCS 5/31(a)(10), or Illinois EPA's fulfillment of the requirements of Sections 31 (a) and

(b) of the Act, 415 ILCS 5/31 (a) and 5/31(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

29

---

April 19, 2005, while inspecting the Site, Mr . Newell "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 31(b) of the Act, 415 ILCS 5/31(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 31(b) of the Act, 415 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 SHERIDAN's 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

30

---

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 31(b) of the Act, 415 ILCS

5/31(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 31(b) of the

Act, 415 ILCS 5/31(b) .

13

. Illinois EPA was thereby barred from 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 31(c) of the Act, 415 ILCS 5/31(c)

.

14. Section 31(c)(1) of the Act, 415 ILCS 31(c)(1), 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 (10) 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

31

---

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 31(c)(1) of the Act, 415 ILCS 31(c)(1), Illinois EPA must

have, inter alia,

fulfilled the requirements of Section 31(b) of the Act, 415 ILCS 5/31(b) .

15

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

Section 31(b) of the Act, 415 ILCS 5/31(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, 415 ILCS 5/31(b), the Attorney General was barred from filing a complaint against

SHERIDAN with the Board pursuant to Section 31(c)(1) of the Act, 415 ILCS 31(c)(1)

.

32

---

18 . Despite Illinois EPA's failure to fulfill the requirements of Section 31(b) of

the Act, 415 ILCS 5/31(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 31(c)(1) of the Act, 415 ILCS

31(c)(1) .

19

. Illinois EPA's failure to fulfill the requirements of Sections 31(b) and

31(c)(1) of the Act, 415 ILCS 5/31(b) and 5/31(c)(1), 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 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

.

20

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

31(b) and 31(c)(1) of the Act, 415 ILCS 5/31(b) and 5/31(c)(1)

. 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

.

•

It

enne

///h

WIN,Anspav"

/

;9Esq>:

.

,

ANSPACH & ASSOCIATES

8 South Michigan Avenue

Suite 3400

Chicago, IL 60603

(312) 407-7888

AK

33

---

e:

Violation Notice, L-2005-01188

LPC #0998215024 -- LaSalle County

Sheridan (Mission Twp .)/Sheridan Sand & Gravel

Compliance File

Dear Mr

. Vardijan :

This constitutes a Violation Notice pursuant to Section 31(a)(i) of the Illinois Environmental

Protection Act, 415 ILCS'5/31(a)(1), and is based an inspection completed on

April 19, 2005 by

representatives of the Illinois Environmental Protection Agency ("Illinois EPA")

.

The Illinois EPA hereby provides notice of alleged violations of environmental statutes,

regulations, or permits as set forth in the attachment to this notice

. The attachment includes an

explanation of the activities that the Illinois EPA believes may

resolve the specified 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 representatives of the 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 specified in the attachment and include

for each an explanation of the activities 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 response will constitute a proposed Compliance Commitment

Agreement C'CCA") pursuant to Section

. 31 of the Act

. The Illinois EPA will review the

proposed CCA and will accept or reject it within 30 days of receipt

.

ROCR°ORD-4302

North Main Street, Rockford, 1161103-(815) 987-7760 • Des

PLANES-9511

W

. Harrison 5L, Des Plainer,

1160016-(847) 294-4000

ELciN-595 South State, EIgin, IL 60123 -(847) 608-1111

Buz cu

OF LAND -PEORr-7620 N . University St ., Peoria, IL 61614-

ampaign, It, 61820-(217) 278

.5800

Se4,NGRELD-4500 S . 5xfh Street Rd.,

Springue(d, IL 62706-(

Ile, IL 62234-(618) 346-5120

M&,o .v-2309 W. Ma

EXHIBIT "A"

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NoviN URANI0 AVENUE EAST, P.G-

Box

19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397

JAMES R

. THOMPSON CENTER, 100 WEST RANDOLPH, Surre

11-300, CNICACO, IL 60601, 312-814-6026

-

ROD R .

BLAGOJSvicr I, GOVERNOR

RENEE CIPRIANO, DIRECTOR

815/987-7760

Fax #815/987-7005

May 4, 2005

Sheridan Sand & Gravel

CERTIFIED MAIL #7002 2030 0001 8572

RETURN RECEIPT REQUESTED

1303

2679 N. 4201 Road

Sheridan, Illinois 60551

---

Violation Notice, L-2005-01188

LPC #0998215024 -- LaSalle County

Sheridan (Mission Twp.)/Sheridan Sand & Gravel

May 4, 2005

Page 2

If a timely 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(a) 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

Rockford, Illinois 61103

All communications must include reference to your Violation Notice L-2005-01188

. If you

have questions regarding this matter, please contact Shaun Newell at 815/987-7760

.

Sincerely,

David S . Retzlaff

Manager -Region 1

Field Operations Section

Bureau of Land

DSR:SN:tl

Enclosure

---

Attachment

Pursuant to Section 21(k) 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 Section 21(k) of the [Illinois] Environmental Protection Act (415 ILCS 5/21(k)) is

alleged for the following reason

:

Failure to pay the required $100.00 Annual Tire Storage

fee for 2005 .

2.

Pursuant to Section 55(a)(4) of the (Illinois] Environmental Protection Act

(415 1LCS

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

compliance with Board 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 .

Pursuant to Section 55(d)(1) of the [Illinois] Environmental Protection

Act

(415 ILCS

5155(d)(1)), beginning January 1, 1992, no person shall cause or allow the operation of 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.

A violation of Section 55(d)(1) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(d)(1)) is alleged for the following reason : Failure to register as a tire storage site

.

4.

Pursuant to Section 55(e) of the '[Illinois] Environmental Protection

Act (415 ILLS

5/55(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 .

A violation of Section 55(e) of the .[Illinois] Environmental Protection Act (415 ILCS 5/55(e)) is

alleged for the following reason

: Failure to prevent the waste

tires from accumulating water .

5.

Pursuant to Section 55(g) of the [111inois] Environmental Protection Act (415 ILCS

5/55(g)), no person shall engage in any operation as a used or waste tire transporter

except in compliance with Board regulations-

A violation of Section 55(g) of the [lllinois] Environmental Protection Act (415 ILCS 5155(g)) is

alleged for the following reason :

Waste tires were transferred to the site and transporter

was not permitted to

haul tires

.

---

Attachment, page 2

6.

Pursuant to Section 55_6(b) of the [Illinois] Environmental Protection Act (415 ILCS

5/55 .6(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-

A violation of Section 55 .6(b) of the [Illinois] Environmental Protection Act (415 ILCS

5/55

.6(b)) is alleged for the following reason

: Failure to pay the required tire storage fee by

January 1 of each year

.

7.

Pursuant to Section 55 .8(b) of the [Illinois] Environmental Protection Act (415 11-CS

5/55.8(b)), a person who accepts used tires for recycling under subsection (a) shall not

allow the tires to accumulate for periods of more than 90 days .

A violation of Section 55 .8(b) of the [Illinois]iEnvironmental Protection Act (415 ILCS

5/55.8(b)) is alleged for the following reason : Waste tires have accumulated on

site longer

than 90 days_

8.

Pursuant to 35 Ill . Adm. Code 848 .202(b)(4), at sites at which more than 50 used or waste

tires arc located the owner 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

. Adm

. Code 848.202(b)(4)

is alleged for the following reason

: Failure to

drain the

water from used/waste tires stored inside the bog trailer .

-9.

Pursuant to 35111

. Adm. Code 848 .202(b)(5), at sites at which more than 50 used or waste

tires are located the owner or operator shall comply with the following requirement

:

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.

A violation of 35 111

. Adm. Code 848 .202(b)(5) is alleged for the following reason :

Failure to

prevent water from accumulating inside waste tires that have been stored on site longer

than 14 days_

10. Pursuant to 35 111

. Adm. Code 848 .202(c)(1), in addition to the requirements set forth in

subsection [848202]

(b), the owner or operator shall comply with the following

requirement at sites at which more than 500 used or waste tires arc located

. A

contingency plan, which meets the requirements of Section 848 .203 shall be maintained

.

A violation of 35 III

. Adm

. Code 848.202(e)(1)

is alleged for the following reason

: There were

more than 500 tires on site and no Contingency Plan on site_

---

Attachment, page 3

11 . Pursuant to 35 111. Adrn

. Code 848,202(c)(2), in addition to the requirements set forth in

subsection [848 .202] (b), the owner or operator shall comply with the following

requirement at

sites .at

which more than 500 used or waste tires are located.

The

recordkeeping and reporting requirements of [35 111. Adm

. Code 848] Subpart C shall be

met .

A violation of 35111 . Adm . Code 848 .202(c)(2) is alleged for the following reason : There are no

tire disposal records on site.

12 .

Pursuant to 35 Ill . Adm . Code 848 .302(a)(1), the owner or operator shall keep a record of

used and waste tires at the site. The owner and operator shall keep the following records

:

1) . Daily Tire Record

2)

Annual Tire Summary

A violation of 35 111

. Adm_ Code 848

.302(a)(1) is alleged for the following reason Tire storage

sites that maintain

more than 500 used/waste tires are required to keep a

Daily Tire Record

on site

. There was no Daily Tire Record on site .

13 .

Pursuant to 35 Ill

. Adm. Code 848

.302(a)(2), the owner or operator shall keep a record of

used and waste tires at the site

. The owner and operator shall keep the following records :

I )

Daily Tire Record

2)

Annual Tire Summary

A violation of 35 111. Adm. Code 848 .302(a)(2) is alleged for the following reason

: Tire storage

sites that maintain more than 500 used/waste

tires are

required to

keep an Annual Tire

Summary.

There is no evidence that an Annual Tire

Summary was submitted to

Springfield Headquarters.

14 . Pursuant to 35 Ill. Adm . Code 848 .304(c), the Annual Tire Summary shall be received by

the Agency on or before January 31 of each year and shall cover the prcccding calendar

year.

A violation of 35 111

. Adm . Code 848 .304(c) is alleged for the following reason

: Failure to

submit an Annual Tire Summary by January 31 of each year.

15 .

Pursuant to 35 111 . Adm. Code 848 .305, copies of all records required to be kept under

this [35 Ill. Adm. Code 848] Subpart [C] shall be retained by the owner and operator for

three years and shall be made available at the site during the normal business hours

ofthe

operator for inspection and photocopying by the Agency_

---

Attachment, page 4

A violation of 35 El- Adm . Code 848 .305 is alleged for the following reason

: No tire records

were found on site,

16. Pursuant to 35 711 . Adm. Code 848.601(a)(1), except as provided in subsection [848

.601]

(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 [35 111 . Adm. Code 848] Subpart

[F], received approval of such

registration from the Agency, and such registration is current, valid and in effect

.

The owner or operator displays a placard on the vehicle, issued by the Agency

following registration, in accordance with the requirements of this [35 111 . Adm.

Code 848] Subpart [F] .

A violation of 35

111

. Adm. Code 848 .601(a)(1) is alleged or the following reason : Failure

to

register as an Illinois registered tire transporter .

17.

Pursuant to 35 Ill

. Adm Code 848

.601(a)(2), except as provided in subsection [848 .601]

(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 [35 Ill . Adm . Code 848] Subpart

[F], received approval of such

registration from the Agency, and such registration is current, valid and in effect

.

The owner or operator displays a placard on the vehicle, issued by the Agency

following registration, in accordance with the requirements of this [35 111

. Adm.

Codc 848] Subpart [F] .

A violation of 35 111 . Adm. Code 848 .601(a)(2) is alleged for the following reason

: Failure to

display an Illinois registered tire transporter placard on your vehicle.

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 usediwaste tires on site using an Illinois registered tire

transporter

.

Or

---

Attachment, page 5

Immediately drain all water from the used/waste tires on site

. Immediately store all the

used tires in such a manner as to prevent them from accumulating water

. Waste tires must

be disposed using an Illinois registered tire transporter .

By June 19, 2005, complete the attached :

Contingency Plan - a sample plan was provided. Please modify this plan as needed

.

Annual Tire Summary. Please complete and submit this form to Springfield

(Headquarters) .

Daily Tire Record

. Immediately track the number of tires generated on your

property . This form must be kept on site for IEPA review .

The written response to this Violation Notice must include information in rebuttal,

explanation, or justification of each alleged violation and must be submitted to the Illinois

EPA

by certified mail, within 45 days of receipt of this Violation Notice

. The written

response must also include a proposed Compliance Commitment Agreement that commits

to specific remedial actions, includes specified times for achieving

each commitment, and

mayy include a statement that compliance has been achieved .

---

0993215024-LaSalle

County

Sheridan (rilission Tri'sp.)1Sheridau Sand & Gravel

FOS File

NARRATIVE INSPECTION REPORT

On April 19, 2005, 1 (Shaun Newell) inspected the above referenced facility

.

The

purpose of the inspection was to investigate a citizen complaint referred to the LaSalle

County ) nvironmental Services & Land kelse Depailment, which was then referred to the

Rockford Regional Office . The complaint, C-05-021R, alleged that two sand & gravel pits

located near Sheridan, Illinois contained various containers with waste tires and inoperable

buried

vehicleson .

siteApparently,

. Christy

there

Vargochik,

also was

an inspector

an allegation

with

that

LaSalle

contaminated

County, initially

diesel fuel

inspected

had beenthe

two sites on April 6, 2005 to determine whether the sites contained waste tires. Once Ms .

Vargochik had determined that there were dumpsters and semi trailers containing waste

tires on site, the Rockford Regional Office was notified . According to LaSalle County

court records, the property located at 2679 N . 4201 Rd

. is owned/opcratcd b~y Branko &

Tony Vardijan of Chicago, . Illinois . Branko Vardijan apparently owns Ravenswood

Disposal Service, a construction & demolition debris transfer station located at 221 N

.

Waslrtenaw in Chicago, Illinois 60612

. According to IEPA records, Ravenswood Disposal

verifies

Service has

that

a

there

site

apparently

number LPC#0316275201

was a diesel

in

spill

the

at

SIDS

Ravenswood

database,

Disposal

IBPA database

Service thatalso

generated an IBMA #20012066 . number on December 19, 2001 . The City of Chicago

Environmental Services Division, under a delegated agreement with the IEPA, performs

inspections monthly at Ravenswood Disposal . No apparent solid waste violations have

been noted during the City of Chicago inspections .

Before investigating the site on April 19, 2005, Ms

. Vargochik and I attempted to contact

Branko Vardijan at Ravenswood Disposal Service

. He was not available but at

approximately 11 :05 A.M., Ms. Vargochik received permission to enter the property by

speaking

of Sheridan

with

along

Tony

County

VardijanHighway

. Ms.

32Vargochik

. Numerous

and

moperable

I then drove

vehicles

to sand

and

pit

trucks

#1 located

enteringwest

the site with C & D waste were observed on site . Ms

. Vargochik and I interviewed Dan

Hughes an employee who operates the

site. Mr

. Hughes acknowled~ed that clean

construction debris from Ravenswood Disposal is shipped to thus location

. On-site records

sand

are kept

pit

for

#2

loads

located

leaving

at 2679

the facilityN

. 4201

.

RdMr.

.

in

HughesMission

contacted

Townshiphis

.

boss

The

and

inspection

we then

began

drove toat

inoperable

11:20 A.Mvehicles

. Mr. Hughes

(inoperable

unlocked

bulldozer,

the gate

heavy

and we

trucks),

drove to

semi/box

the center

trailers,

of the

and

pit

seven

Numerousroll-

off boxes were identified on site . I examined each container and discovered approximately

2,000

semi trailerswaste

semi,

. I

truck,

estimated

car and

approximately

tractor tires

50%

inside

were

seven

found

roll-off

off rim

boxes

with

and

stagnant

two open

watertop

visible. To obtain an overall view of the waste tires inside the containers, I climbed on top

insideof

a nearby

the containersinoperable . Photograph

bulldozer .

0998215024--041905-001Four

photographs were taken

faces

to

northwest

show the

showing

waste tires,the

two semi trailers on e right that contain water accumulation .

Photograph

0998215024--041905-002 faces west showing the waste tires inside the roll-off boxes .

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

open top trailers full of semi tires, photograph 0998215024-

,041905-004 faces west

showing the waste tires inside the roll-off boxes .

---

Sheridan

(Mission

4998315024-LaSalle

Twsp .)/Sheridan

County

Sand & Gravel

FOS Pile

I then asked Mvfr. Hughes how long the waste tires were on site and Mr . Hughes

acknowledged that they were on site longer than one year .

A satellite image taken by

US0r5 on April 13, 2001 shows the semi trailers in the center of the property . Branko

Vardijan was interviewed by phone that samee day and acknowledged the waste tires were

temporarily transferred from his facility about a year ago . Mr. Vardi an stated that the

faci ity has disposed of waste tires through Tire Management in Aurora, Illinois in the past -

Notification/RegistrationI

explained that the facility

form, and

must

submit

resister

it to Springfield,

as a tire

Illinoisstorage

.

site,I

also informed

complete

Mra

.

Vardijan that all the used/waste tires must be disposed using an Illinois registered tire

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

disposal

.

Mrwaste . Hughes,

fire storageMs

. Vargochik, and I then walked to the "fill area" located southwest of the

area

Clean construction debris approximately 5-8 feet thick in some

areas, was observed covering an estimated 30 acres of land

. Diminimus pieces of wood

and plastic were

C

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

was

&

formerly

D debris

used

were observed

to wash sandon

site

. An

.

estimated

Mr. Hughes

50%

stated

of this

that this

area

quarry

was covered

is not active

by C &

butD

debris

. The C & D debris has been manicured using heavy equipment as evidenced by the

fire tracks found on top of the filled area . Photograph 0998215024041905-005 faces east

showing an overview of the C & I) quarry

. Photograph -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 determine whether or not diesel contaminated soil was buried on

site. TVA readings showed background readings and no samples were taken.

Branko

Vardijan was contacted by phone at the end of the inspection and informed of my findings .

I completed a Clean Constiucrion or Demolition Debris . Disposal Site Inspection Checklist

as I interviewed Mr. Vardijan by phone_ Mr. Vardijan stated that the C & D waste is

screened by hand at the Ravenswood Disposal transfer station

. No FID or PD) screenings

are completed. Mr. Vardijan acknowledges that records are maintained for each load and

the facility tries to comply with IEPA law. I suggested that the facility might want to

consider a screening process for G & D waste entering the Sheridan facility . Mr. Vardijan

suggested that he and hiss brother would consider my advice

. The inspection concluded at

12:30

P.M

Based on my inspection results, the following alleged used/waste tire violations were cited :

Sections 21(k), 55(a)(4), 55(d)(1), 55(e),

55)(g, 55.6(b), 55

.8(b) of the Illinois

Environmental Protection Act and Sections 848 .202(b)(4), 848202(b)(5), 848_202(c)(1),

848 .20

0

21(

a

2

2

), 848.302(a)(1), 848 .302(a)(2), 848 .304(e); 848.305, g48.601(a)(1), and

848 .6

(

of 35 Illinois Adm . Code.

---

LPC i 0948215024-LaSaIIe County

Sheridan/Sheridau Sand & Gtavet

FOS File

DATE

: April 19, 2005

TIME : . 11 :37A-M .

DIRECTION: Northwest

PHOTO by- S

. Newell

PHOTO FILE NAM :

09982I5024-~19Q5.003

COMMENTS : Facing NW

showing an overview of the

two open top trailers full of

waste semi tires.

DATE

: April 19, 2005

TIME :. 11 :40 hM.

DIRECTION: West

PHOTO by

: S. Newell

PHOTO ME NAME :

0998215024041905-004 '

COMMENTS

: Facing W

showing the waste tires inside

the roil-oft boxes

.

DIGITAL PHOTOGRAPH PHOTOCOPIES

---

LPC T 0993215024-LaSalie County

Sheridan&Sheridan Sand & Grave!

FOS File

DATE : April 19, 2005

TFNIE :

.' 11

:30 A,M .

DIRECTION: Northwest

PHOTO by: S. Newell

PHOTO FILE. NAME-

.0998215024--041905-001

COMMENTS: Facing NW

showing the two trailers from

center to right of the

photograph that are entl of

waste tires_

DATE : April 19, 2005

TIME:. 11:35 AM.

DIRECTION: West

PHOTO by : S_ Newell

PHOTO FILENAME :

099521502. tI419q54002

COMMENTS: Facing W

snowing the waste tires inside

the roll-off boxes_

DIGITAL PHOTOGRAPH PHOTOCOPIES

---

LPC

m 0998215024-LaSalle County

Sheridan/Sheridan Sand & Gravel

FOS File

.

DATE : April 19,20(k5

TIME

:, 12 :10 PM

DIRECTTOK; East

PHOTO by: S

. Newell

PHOTO

FILENAME-

0998215024-"1905-005

COMMENTS: Facing E

showing an overview of the C

& D quart y_

DATE

: April 19, 2005

TIME

:. 12:15 P.M.

DIRECTION

; Southeast

PHOTO bv- S- Newell

PHOTO FILE NAME:

0998215024-M41903-006

COMMENTS

: Facing SE

showing the face of the C & I)

fill arm

DIGITAL PHOTOGRAPH PHOTOCOPIES

---

I4 532-1502

LPC

flu

17790

STATE OF ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

SITE SKETCH

Site

Date

Codeof

Inspection

:

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:

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Inspector

: f,21ZG

Site Name :

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oc5

County :

~A ~~

Time

:

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per

oYlgoS-col

oo(,

---

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---

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MUMS 2 km NE of SherWaN Illinois,_

United States

13 Apr 200

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~';Wovd

Image courtesy of the U

.S . Geological

Survey

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.,, 4/27/2005

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Tire Storage Site Inspection Checklist

2,000 est.

Estimated Number of Used Tires Located At This Facility, includingcaer d, eonvcrtcdand tesroocsscd rims .

LPC 6t-VN

SaCr€oN

Tint storage situ'l

DESCRIPTION

VIOL

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

1

21(k)

FAIL OR REFUSE TO PAY ANY FEE IMPOSED UNDER THIS ACT

y

2 55(a)(4)

CAUSE OR ALLOW THE OPERATION OF A TIRE STORAGE SITE EXCEPT IN COMPLIANCE WITH

BOARD REGULATIONS

Note : Also Mark appropriate Violations of Pan 842

0

3 55(b-I)

NO PERSON SHALL KNOWINGLY MIX ANY USED OR WASTE TIRE, EITHER WHOLE OR CUT, WITH

∎

MUNICIPAL WASTE

'

4

55(e)

FAILURE TO TILE THE REQUIRED NOTIFICATION WITH THE AGENCY BY 1/I/90 OR WITHIN 30

∎

DAYS OF COMMENCEMENT OF THE STORAGE ACTIVITY .

5 55(d)(1)

CAUSE OR ALLOW THE OPERATION OF A TIRE STORAGE SITE WHICH CONTAINS MORE THAN 50

USED TIRES WITHOUT MEETING THE FOLLOWING REQUIREMENTS BY JANUARY I OF EACH

YEAR.

i

Register the Site with the Agency

ii .

Certify to the Agency that the Site Complies with any Applicable Standards Adopted by the

Board Pursuant to Section 552

iii.

Report to the Agency the Number ofTires Accumulated, the Status of Vector Controls, and

the Actions Taken to Handle and Process the Tires

Pay the

Fee Required under Subsection (b) of Section 55 .6

6 55(e)

CAUSE OR ALLOW THE STORAGE, DISPOSAL, TREATMENT OR PROCESSING OF ANY USED OR

0'

WASTE TIRE IN VIOLATION OF ANY REGULATION OR STANDARD ADOPTED BY THE BOARD,

Note

: Also Mark appropriate Violations of Part 848

55(t)

ARRANGE

GENERATION

FOR

WITH

THE TRANSPORTATION

A PERSON KNOWN

OF

TO

USED

OPENLY

OR

DUMP

WASTE

SUCH

TIRES

TIRESAWAY

FROM THE SITE OF

∎

8 55(g)

ENGAGE IN ANY OPERATION AS A USED OR WASTE TIRE TRANSPORTER EXCEPT IN

04

COMPLIANCE WITH BOARD REGULATIONS .

Note : Also Mark a Violation of Subpart F

9

55(h)

UNLESS

CAUSE OR

A PERMIT

ALLOW THE

HAS

COMBUSTION

BEEN ISSUED

OF

BY

ANY

ME

USED

AGENCYOR

WASTE TIRE IN AN ENCLOSED DEVICE

0

10

55(i)

CAUSE OR ALLOW THE USE OF PESTICIDES TO TREAT TIRES EXCEPT AS PRESCRIBED BY

∎

County

:

LaSalle

LPC# :

0998215024

Region :

1 -Pockford

CitylFacilityName: Sheridan(Mission'lwsp)/SheridanSand &Gravel

Facility Location :

2679 N. 4201 Rd . Sheridan, IL 60551

Telephone;

(773) 638 .7676

Dart:

04-19-05

Time :

From

11 :20 A To

12:30P

Previous inspection bate:

None

Inspector($)

:

Newell : Vargoehik (LaSalle Co . Env. Scrv . & Land Use Depa

t)

No, of Photos Taken : #

6

Weather

Sunny 80 degrees

No

.

of Samples Token

: . N/A

interviewed :

Dan Hughes-employee;BrankoVardijan-property/businessowner

Complaint #

:

C-05-02IR

Waste Tire Hauler

Used :

None

Haulcr Registration Number

;

N/A

Responsible Party

. Addrcss(c5):

Ravenswood Disposal

Mailing

AIM ; Branko & Tony Vardijan

221 N- Washtenaw Ave.

Chicago, IL 60612

---

roc

Data4

; cqg9~(5v~2~f-xz''~oy~iq-o5

Lot sl-trru

R v2V37

Pre Storaus

Site-4

(1)

Develop a tire Storage plan in consultation with tire otticials meeting the requirements of

. 848.204

(c)(

I)

∎

(A) Q considering the type

or building to be used for the tire Storage

(A) Q the plan shaft indtde tire storage arrangement ; aisle apace

; elearanee distances' between tire

piles and sprinkler detlectors

; and access to fire fighting personnel and equipment

(C) Q a copy of the plan shall be tiled with the Agency within 60 days

and implemcntod within 14

days a f tiling with the Agency

.

(2)

Have and maintain a contingency plan which meets the requirements of Section 848203

I

(3)

Meet the record keeping and reporting requirements or Subpart C

Note ; Also Mark a Violation

.

of Section 848, Subpart C

Q

(a)

Use a Pesticide Labeled for Control ofMosquito Larvae Unless an Adult Mosquito Problem is identified

Q

I

∎

∎

848 .302(9)

The owner/operator shall keep on site

9;

(1) 01 Daily Tito Record

(2)

Annual Tire Siunotmy

I

I

U

,fU

i)

The weight or volume of used or waste tires transported from the site during the calendar y-ar,

(bX3)

The total number of used or waste tires determined in PTE remaining in storage at the conclusion of the calendar

∎

year

---

Lecu: pggg?/dozy ~X

~

Date:

tae si-OW

pey711g7

Tire Storage Site-3

(A)

Tires are separated by a term 1 .3 ones the height of the tire pile

(B) [] Separation Requirements ofthls pmt

17 848_202(d)

TN ADD IT TON TO THE REQUIREMENT$ SET FORTH (N 848,202 (b) AND

(C), THE OWNER OR OPERATOR AT

SITES AT WHICH MORE THAN 10,000

USED OR WASTE TIRES ARE LOCATED SHALL :

Completely Surround the Site by Fencing in Good Repair Which Is Not less than 6 Feet in Height

(2)

Maintain an Entrance to the Area Where Used or Waste Tires are Located, Which is Controlled At all Times by

an Attendant, Lucked Entrance

. Television Monitors, Controlled Roadway Access or Other Equivalent

Mechanism

{]

(3)

Completely Surround the Area Where Uscd or Waste Tires Are Stored by an Earthen Berm or Other Structures

Not Less Than 2 Feet in Height Capable

of

Containing Runoff Resulting from Tire Fires, and

Accessible by Fire Fighting Equipment, Except that the Owner or Operator Shall Provide a Means for Access

through or Over the Berm or Other Structure

El

IS

848 .203

CONTINGENCY PLAN REQUIREMENTS FOR STORAGE SITES WITH MORE THAN 500 TOtES

(a)

The owncdopcrator must meet the requirements of Section 848 .203

Note : Also Mark a Violation of 848

.203(b) . (e), (d), (e), (f), .(9), or (h)

∎

(b)

"

The contingency plan must be designed to minimize the hazard to human health and the environment from

fires

and run-off of contaminants resulting from fires and front disease spreading mosquitos and other nuisance

organisms which may breed in water accumulations in used or waste tires

.

∎

(c)

Immediately implement the contingency plan whenever there is a fire or run-off resulting from a tire fire, or

whenever there is evidence of mosquito production

.

∎

(d)

The contingency plan must describe the actions that must be taken in response to fires, ran-off resulting from tire

tires and mosquito breeding in used or waste tires .

'

∎

(c)

The contingency plan must include evarnation procedures for site personnel. including signals, evacuation routes

and alternate evacuation routes as well as provisions for pesticide application .

∎

(f)

The contingency plan must be maintained at the site and submitted to state and local authorities .

∎

(g)

The contingency plan must be reviewed and amended within 30 days if the plan fails or the emergency

coordinator'changes.

∎

(h)

At all times, there must be one employee on site or on call with responsibility for coordinating emergency

.

response procedures. The emergency coordinator must be familiar with the plan and. alt aspects of the site, and

have the authority to commit the resources, to carry out the plan .

∎

STORAGE OF USED AND WASTE TIRES WITHIN DUILIItNGS

19 848 .204(a) FAILURE TO MEET THE REQUIREMENTS OF SECTION 848 .204

Note

: Also Mark a Violation of 848 .204(b),

(c),

or (d)

∎

20

848.204(b)

STORAGE OF LESS THAN 500 TIRES WITHIN A BUILDING ALLOWED IF :

∎

(I) U Tires Drained of All Water Prior to Placement in the Building

(2)

∎

All of the Building=s Windows and Doors Maintained in Working Order and Secured to

Prevent Unauthorized Access.

(3) Q The Building Is Maintained So That it Is Fully Enclosed and Has a Roof end Sides Which

Are Impermeable

to Precipitation

(4) ∎ The Storage of Used or Waste Tires Is not in a Single Family Home or a Residential Dwelling

21

848.204(c)

OPERATOR

IN ADDITION

OF

TO

A SITE

THE REQUIREMENTS

WITH 500 OR MORE

SET FORTH

USED OR

IN

WASTE

SECTION

TIRES

848 .204(b),

STORED WITHIN

THE OWNERBUILDINGS

9

SMALL :

---

LPC 9 :

Date

:

cv-r'9'-o5

UC

sa vv4t

61-uW

lire St

Site

- 5

(b)(4)

The weight or olurnc ofu ed o ante tires Lombusred during the calendar yew -

∎

29 848 .304(c)

FAILURE TO SUBMIT THE ANNUAL TIRE SUMMARY BY JANUARY 31

OF EACH YEAR

~3

30 548 .305

FAILURE TO RETAIN REQUIRED RECORDS ON SITE-FOR

3 YEARS

PART 848 : SUBPART 0 : FINANCIAL ASSURANCE

NOTE : Applies to Sites which have . Stored 5000 or More Used or Waste Tires

31

848 .400(b)(t) AT TIRE STORAGE SITES AT WHICH TIRES ARE FIRST STORED ON OR AFTER 111/92,

∎

FAILURE TO COMPLY WITH SUBPART D PRIOR TO STORING ANY USED OR WASTE TIRES

Note: Also Mark a Violation of 848 .401 or 848

.404

32 848 .400(b)(2)

AT TIRE STORAGE SITES AT WHICH TIRES ARE STORED PRIOR TO 111192, FAILURE TO

∎

COMPLY WITH SUBPARTD BY 111/92,

Now- Also Mark a Violation of 848,401 or 848 .404

33 848

.401 (a) FAILURE TO MAINTAIN FINANCIAL ASSURANCE EQUAL TO OR GREATER THAN THE CURRENT

COST ESTIMATE CALCULATED PURSUANT TO SECTION 848 .404 AT ALL TIMES, EXCEPT AS

OTHERWISE PROVIDED BY 848.401 (b) .

0

34 848 .40I(b) FAILURE TO INCREASE THE'rOl'AL AMOUNT OF FINANCIAL ASSURANCE SO AS TO EQUAL THE

CURRENT COST ESTIMATE WITHIN 90 DAYS AFTER ANY OF T14E FOLLOWING

:

(1)

N

an increase

in

the current cost estimate

(2) ∎ a decrease in the value of a taut fund

(3) [] a determination by the Agency that an owner or operator no longer meets the financial test of

Section 848 .415

(4) © notification by the owner or operator that the owner or opcrstor intends to substitute

alternative financial assurance, as specified in Section 848-406 for self-insurance

[]

35 848.404(ax2) BY JANUARY I OF EACH YEAR

.

FAILURE TO SUBMIT

A WRITTEN COST ESTIMATE OF THE COST

OF REMOVING ALL TIRES .

J]

36 848.404(b) FAILURE TO REVISE THE COST ESTIMATE WHEN COST ESTIMATES INCREASE .

PART 848

: SUBPART F

: TIRE TRANSPORTATION fQUIREMENTS

37

848.601(a) NO PERSON SHALL TRANSPORT MORE THAN 20 USED OR WASTE TIRES IN A VEHICLE UNLESS

THE FOLLOWING

(1) 1X

REQUIREMENTS ARE MET

;

the owner or operator bas registered the vehicle with the Agency in accordance With Subpart

I, received approval of such registration from the Agency, and such registration iscurrenr,

.

valid and in effect

(2) M

the owner or operator displays

a

placard on the vehicle, issued by the Agency following

registration, in accordance with the requirements of Subpart F-

0

38 848 .601(b)

'

NO PERSON SHALL PROVIDE, DELIVER OR TRANSPORT USED OR WASTE TIRES TO A TIRE

TRANSPORTER FOR TRANSPORT UNLESS THE TRANSPORTERS VEHICLE DISPLAYS A PLACARD

ISSUED BY THE AGENCY UNDER SUBPART F IDENTIFYING THE TRANSPORTER AS A

REGISTERED TIRE HAULER.

39 848.606(a) UPON APPROVAL OF A REGISTRATION AS A TIRE TRANSPORTER THE OWNER OR OPERATOR OF

ANY VEHICLE REGISTERED TO TRANSPORT USED OR WASTE TIRES SHALL PLACE A PLACARD

ON OPPOSITE SIDES OF THE VEHICLES WHICH DISPLAYS ANUMBER ISSUED BY THE AGENCY

FOLLOWING THE WORDS "Registered Tire Transporter : (number) ."

∎

40 848 .606(b) REGISTERED TIRE TRANSPORTER NUMBERS AND LETTERS SHALL BE REMOVABLE ONLY BY

DESTRUCTION. DIRECTLY ADJACENT TO THE WORDS AND NUMBER, THE VEHICLE OWNER AND

OPERATOR SHALL DISPLAY A SEAL FURNISHED BY THE AGENCY WHICH SHALL DESIGNATE

THE DATE ON WHICH THE REGISTRATION EXPIRES

.

∎

THE FOLLOWING VIOLATIONS MAY BE CITED WHEN WASTES, INCLUDING TIRES, HAVE 13EEN DTSPOSEf AT A TIRE

STORAGE SITE

41 9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION N ILLINOIS

.

∎

42

9(o)

CAUSE OR ALLOW OPEN BURNING

∎

---

IPC d : f}'qei gn JC7 ~ `~k

~~C

Darct

~~

~9-pry"

Signature of Inspcctor(s) :

Infonnntional Notes :

I .

[Illinois] Environmental Protection Act 415 ILLS 5/I et scq,

2 .

IUinois Collation Cmuol Board : 35171. Adm Code, Subtitle O.

3 .

Illinois Pollution Casual Board : 35 111, Adm, Code. Subdue 0, Cbaptcr L Suhchaptcr m, Part 848 .

4 .

Statutory and regulatory references herein are provided for convenience only and should not be construed as legal conclusions of the .4gency

or as limiting the

Agenc}ls stamroryorregularorypowers. Requirements ofsome statutes and regaIatiuns cited ate iii summary format.

Full textof requirements can be found in the

referencM listed in MI, q2, at td R3 above

.

5.

'11te proviaions .oftubscction (p) of Section 21 of the (Illinois) Environmental Protection Act shall be enforceable either by edmtnisuative citation under Section 3l, I

of die Act or by complaint undo Section 31 of the Act :

6,

This inspection was conducted in accordance with Sections 4(c) and 4(d) of the [Illinois] Environmennil Protcation Act : 413

ILLS 5/4(c) and (d) .

7 .

lies marked with m "NE" were nor evaluated or the time of this inspection .

IPC61-UN

aer 21

n7

Tire Storage Sic-6

12(a)

CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS

12(d)

CREATE A WATER POLLUTION HAZARD

0

o

CAUSE OR ALLOW OPEN

E

∎

USED TIRESS

∎

OTHER WASTE

∎

(4)

Deposition of Waste in Standing or Flowing Waters

∎

(5)

Proliferation of Disease Vectors

∎

(6)

Standing or Flowing Liquid Discharge from the Dump Site

∎

∎

∎

50

APPAnENT VIOLATION OF :

(M)PCB

(n) CIRCUIT

CASE

COURT

NUMBER_ORDER

ENTERED ON:

∎

---

1. Is there a load screening procedure in place to verify that only clean/uncontaminated C & D debris is

accepted?

Yes X_ No

2. Does the site use any of the following to screen incoming loads?

PID :

Yes

No X

FID: . Yes

Other method used: C&D loads

No

_Xare

screened at the Ravenswood Disposal Company (permitted

transfer station) located in Chicago, IL . Owner, Branko Vardijan alleges by phone that all C & D

waste is screened manually at the RAvenswood facility prior to entering the Sheridan Sand & Gravel

3. Does

facilitythe

operator

. There

screen

is no

incoming

NND or FID

loads

screening

for asbestos?taking

place at Ravenswood Disposal .

Yes

No X

4. What are the hours of operation? 7 :00 A.M.-3 :30P.M.

5

. Is the site secure during non-operating hours?

Yes _X_ No

6

. What procedures are in place to remove non-clean construction or demolition debris fill materials that are

received? Explain . Manually removed at Ravenswood Disposal facility located in Chicago, Illinois .

Page 1 of 1

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Clean Construction or Demolition Debris Disposal Site

Inspection Checklist

County

: LaSalle

LPC# :

0998215024

Region

: Rockford

Location/Site Name : Sheridan (Mission Twsp)/Sheridan Sand & Gravel

Date:

04-19-05 Time : From 11 :20A

To 12 :30P

Previous Inspection Date: None

Inspector(s)

: Newell; Vargochik (LaSalle Co_ Env

. Weather

: Sunny, Very windy

Serv. &Land Use Dept .)

75 degrees

No. of Photos Taken: #

6

NO Samples Taken : Yes #

Interviewed

; Dan Hughes-employee

; Branko Vardijan-owner Facility Phone No . :

by phone only

.

(773) 638-7676

GPS Coordinates :

-88 .66273 41 .53782

Owner Mailing Address and phone #

Operator Mailing

Address

and phone 9

Raveaswood Disposal

Attn : Branko & Tony Vardijan

221

Chicago,N

. Washtenaw

IL

60612

Ave .

Ravenswood Disposal

Attn : Branko &

Tony Vardijan

221 N . Washtenaw Ave,

Chicago, IL 60612

---

7. Is filling taking place in a wetland? Yes No X_

8, Is the clean C & D being deposited so as to be no higher than the highest point of elevation existing prior

to filling?

YesX

9

. Does this facility perform rock crushing activities

No on

site? Yes

No -X-

10, Has the site been covered with soil to support vegetation?

Yes

No_X NA

Explain . Branko Vardijan stated by phone that there are plans in the future to fill in the quarry with

several feet of C & D waste and eventually seed for vegetation .

11 .

e site operating m comp Lance wt ection 3 .160 (b) of theAct?'`Yes-._

. No

-X -

Record Keeping

12

. Are

Documented?employee

training

Yesprocedures

in

Noplace?

Yes No

_X

13. Is a daily log of incoming loads maintained?

Yes -X

__J_.

No

14

. Is the Generator of the Clean C & D recorded in the

log?

15

. Is the Transporter of the Clean C & D recorded in the log?

Yes _X_ No

16

. Is the place of origin of the Clean C & D recorded in the log?

Yes _X ' No

Yes

17

. If the site is over one acre does the facility have' a Storm Water Permit issued by the

NoBureau

-X-

of Water?

Yes No X

Agency

Permit Date

Field

IssuedSampling

: &

Screening

Yes

No X~

Yes

No

X

18. Was a sample from an incoming load collected?

19

. Was a sample from the deposited fill collected?

TVA reading : background

20

. Does the operator know of any other operating clean C & D disposal sites in the,area?

ListYes

: No_X_OTBER

REQUIREMENTS

OTHER:

APPA1IENT

CASE NUMBERVIOLATION

; ORDER

O1ENTERED

•:

(0)

PCBON

; Lj)

:

CIRCUIT COURT~

T~

Infon iooal Notes

Page 1 of2

---

1021

NORTH GRAND AVENUE EAST, P .O . Box 19276, SPenvcritto, ILLINOIS 62794-9276, 217-782-3397

JAMES R . THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026

ROD R. BLACOIEVICH, GOVERNOR

847/294-4000

847/294-4083 (Fax)

CERTIFIED MAIL

August 26, 2005

RETURN RECEIPT

#7003 3110 0000 4254 9263

.Sheridan

Sand & Gravel

Attn: .Branlco Vardijan

2679 North 4201 Road

Sherdan; Illinois 60551

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Re; Notice

of Intent to pursue Legal Action

LPC #0998215024 - LaSalle. County

Sheridan (Mission Twp .)/Sheridan Sand & Gravel

Compliance File

Dear Mr . Vardij an:

This Notice of Intent to Pursue Legal Action is provided pursuant to Section 31(b) of the

Illinois Environmental Protection Act

("Act"),

415 ILCS 5/31(b)(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

A cannot be resolved without the involvement of the Office of the Attorney General or

the State's Attomey

.

The Illinois EPA is providing this notice because it may pursue legal action for the

violations of environmental statutes, regulations or permits specified in Attachment A

.

This Notice of Intent to Pursue Legal Action provides you the opportunity to schedule a

meeting with representatives ofthe Illinois EPA to attempt to resolve the violations of the

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

be held within thirty (30) days of receipt, of this notice unless an extension of time is

agreed to by the Illinois EPA .

ROCRFCRD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760

• Drs Pt INE5-9511 W: Harrison St.,

Des Plaines, IL 60016-(847) 294-4000

ELGIN- 595 South State, Elgin, IL 6012'

1r ,IL61614-(309)693-5463

SV39U1 OF LAND-PEORIA-7620 N . University St., Peoria,

SPRINCES-L0-4SOO S . Sixth Street Rd, Sprin,mld,

, I

'at Street, Champaign, IL 61820-(217) 278-5600

t, Co01neville, IL 62234-(618) 346-5120

MnetON-

;

EXHIBIT "B"

00

---

Page 2

Due to the nature and seriousness of the violations cited in Attachment A, please be

advised that resolution of the violations may require the involvement of a prosecutorial

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

penalties .

if you wish to schedule a meeting with representatives of the Illinois EPA or have any

questions, please contact Paul 7agiello at 847/294-4076 within 20 days of

your receipt of

this notice .

Sincerely,

Paul 7agiello

Assistant Counsel

Division of Legal Counsel

Attachment

PRJ:dfa :'Vardijan.ltr.1

---

Attachment

Pursuant to Section 21(k) 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] Environmental Protection Act (415 ILCS 5/21(k)) is

alleged for the following reason

:

Failure to pay the required $100.00

Annual Tire Storage

fee for 2005 .

2. Pursuant to Section 55(a)(4) of the [Illinois] Environmental Protection Act (415 ILCS

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

except in

compliance with Board regulations,

A violation of Section 55(a)(4) of the [Illinois] Environmental

Protection Act (415 ILCS

5155(a)(4)) is alleged for . the. following reason :

Waste tires have accumulated on site for

longerthan .a year.

3.

Pursuant to Section 55(d)(1) of the [Illinois] Environmental Protection Act

(415 ILCS

S/55(d)(1)), beginning January 1, 1992, no person shall cause or allow the operation of 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.

A violation of Section 55(d)(1) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(d)(1)) is alleged for the following reason : Failure to register as a tire storage site

.

4.

Pursuant to Section 55(e) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(c)), 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

.

A violation of Section 55(e) of the

.[Illinois] Environmental Protection Act (415 ILCS 5/55(e)) is

alleged for the following reason : Failure to prevent the waste tires from accumulating water .

5.

Pursuant to Section 55(g) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(g)), no person shall engage in any operation as a used or waste tire transporter

except in compliance with Board regulations

.

A violation of Section 55(g) of the [ilinois] Environmental Protection Act (415 ILCS

5/55(g)) is

alleged for the following reason

: Waste tires were transferred to the site and transporter

was not permitted to

haul

tires

.

---

Attachment, page 2

6.

Pursuant to Section 55

.6(b) of the [Illinois] Environmental Protection Act (415 ILCS

5/55.6(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-

A violation of Section 55

.6(b) of the [Illinois] Environmental Protection Act (415 ILCS

5/55.6(b))

is alleged for the following reason

: Failure to pay the required tire storage fee by

January 1 of

each

year.

T

Pursuant to Section 55

.8(b) of the [IIlinois] Environmental Protection Act (415 ILCS

5/55.8(b)),

a person who accepts used tires for recycling under subsection (a) shall not

allow. the tires to accumulate for periods of more than 90 days

.

A violation of Section 55

.8(b) of the [Illinois], Environmental Protection Act (415 ILCS

5155.8(b))

is alleged for the following reason :

Waste tires have accumulated on site longer

than

.90 days_

8.

Pursuant to 35 Ill. Adm. Code 848.202(b)(4),

at sites at which more than 50 used or waste

tires arc located the owner 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 . Adm. Code 848

.202(b)(4) is alleged for the following reason

: Failure to

drain the water from used/waste tires stored inside

the bog trailer.

9.

Pursuant to 35 Ill . Adm

. Code 848202(b)(5), at sites at which more than 50 used or waste

tires are located the owner or operator shall comply with the following requirement

:

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 .

A violation of 35 111 . Adm

. Code 848

.202(b)(5) is alleged for the following reason

: Failure to

prevent water from accumulating inside waste

tires that have been stored

on site longer

than 14 days_

10.

Pursuant to 35 111

. Adm. Code 848

.202(e)(1), in addition to the requirements set forth in

subsection [848 .202] (b), the owner or '

operator shall comply with the following

requirement at sites at which more than $00 used or waste tires arc located

. A

contingency plan, which meets the requirements of Section 848203 shall be maintained

.

A violation of 35 IIl . Adm

. Code 848,202(c)(1) is alleged for the following reason

: There were

more than 500 tires on site and no Contingency Plan on site_

---

Attachment, page

3

11 . Pursuant to 35 111 . Adrn. Code 848.202(c)(2),

in addition to the requirements set forth in

subsection [848 .202] (b),

the owner or operator shall comply with the following

requirement at sites . at which more than 500 used or

waste tires are located. The

recordkeeping and reporting requirements of [35 111

. Adm. Code 848] Subpart C shall be

met.

A violation of 35111 . Adm. Code 848.202(c)(2) is alleged for the following reason

: There are no

tire disposal records on site .

12 .

Pursuant to 35111. Adm. Code 848.302(a)(1),

the owner or operator shall keep a record of

used and waste tires at the site

. The owner and operator shall keep the following records :

1)

Daily Tire Record

2)

Annual Tire Summary

A violation of 35 111- Adm_ Code 848102(a)(1) is alleged for the following reason

: Tire storage

sites that maintain

more than

500 used/waste tires are required to keep a

Daily Tire Record

on site

. There was no Daily Tire Record on site.

13.

Pursuant to 35 111 . Adm. Code 848.302(a)(2), the owner or operator shall keep a record of

used and waste tires at the site

. The owner and operator shall keep the following records

:

1)

Daily Tire Record

2)

Annual Tire Summary

A violation of 35 Iii. Adm. Code 848 .302(a)(2) is alleged for the following reason :

Tire storage

sites that maintain more than 500 used/vvaste

.tires

are required to keep an Annual Tire

Summary. There is no evidence that an Annual Tire Summary was submitted to

Springfield Headquarters

.

14. Pursuant to 35 Ill. Adm. Code 848 .304(c), the Annual Tire Summary shall be received by

the Agency on or before January 31 of each year and shall cover the preceding calendar

year-

A violation of 35 Ill

. Adm. Code 848.304(c) is alleged for the following reason

: Failure to

submit an Annual Tire Summary by January 31 of each year.

15. Pursuant to 35 Ill. Adm. Code 848.305, copies of all records required to be kept under

this [35 Ill. Adm. Code 848] Subpart [C] shall he 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 Agency_

---

Attachment, page 4

were

A violation

found on

of

site35

III

.

.

Adm

. Code 848

.305 is alleged for the following reason : No tire

. records

16.

(c),

Pursuant

no person

to 35111

shall

. Adm

transport

. Code

848more

.601(a)(1),

than 20 used

except

or waste

as provided

tires in

in

a

subsection

vehicle unless

[848

.601]the

following requirements are met.

with

The owner

this [35

or operator

Ill .

. Admhas

.

registered

Code 848] Subpart

the vehicle

[F],with

. received

the Agency

approval

in accordanceof

such

registration

The owner or

from

operator

the Agency,

displays

and such

a placard

registration

on the

is

vehicle,

current,

issued

valid and

by the

in effectAgency

.

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

Adm.

Code 848] Subpart

[F].

register

A violation

as an

of

Illinois

35111 .

registered

Adm

. Code

tire

848.601(a)(1)transporteris

.

alleged for the following reason

. Failure to

17.

Pursuant to 35111 . Adm.

Code 848.601(a)(2), except as provided in subsection [848

.601]

(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 [35 Ill

. Adm

. Code 848] Subpart [F], received approval of such

2)

registration

The owner or

from

operator

the Agency,

displays

and such

a placard

registration

on the

is

vehicle,

current,

issued

valid and

by

in

the

effectAgency

.

Code

following

848]

registration,

Subpart [F].

in accordance with the requirements of this [35

111. Adm

.

display

A violation

ap Illinoisof

35 Tll

registered

.. Adm

. Code

tire

848transporter

.601(a)(2)

placard

is alleged

on your

for the

vehiclefollowing

.

reason

: Failure to

---

Ph :

81514344666

M1GaAPLE . HARSEED

DEPARTMENT DTRErrorc

June 8,205

Mr. Branko Vardijaut

2211 Washtenaw

Chicago, 0 60612

RE- Compliance File

laSalle County

Mission Township I Co 05-020

Bowen Pit Property

Dear Mr. Vardijan :

On June 6, 2005, personnel from this Department conducted art inspection at the Bowen Pit in . Sheridan, Illinois .

At the time of that inspection, it has been determined that no violations currently exist on your property. This letter is

meant to be a reminder that we have not yet received copies of the tccoipts for the material that were removed

. Where we

appreciate the attention to abating the violations, we must have documentation on the materials that were removed from

the

property

.

Written communication should be directed to

LaSalle County Department of Environmental Services and Development

Attn.: Michael E. Harsted, Director

119. West Madison Street, Room 400

Ottawa, IL 61350

Questions regarding this matter should be directed to myself at (81 S) 434»8666 .

Sincerely,a .

S/

A -

.

Michael E . Wanted

Director

taSaile County Department of Environmental Services and Development

IEPA BOL/FOS

IEPA Rockford Region I

File

Sours WASTE?

PRflf

NAGEMErTONFxc7• co

NmiFmoci1Or1

rums

LA SALLE COUNTY

ENVIROINNMNTAL SFRVICES AND DEW~LO'MENr

Fare

8151433.9303

114 WEST MADISON STkkEl

ROOM 4W

OTTAWA ILUN012 61350

EXHIBIT "C"

---

Lisa Madigan

ATTORNEY GENERAL

Sent Via U.S. Mail

Mr

. Kenneth Anspach

Anspach & Associates

8 South Michigan Avenue

Suite 3400

Chicago, Illinois 6060

.3

.

OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

January 3, 2006

Re :

Sheridan Sand & Gravel Co . : Violations of Illinois

. Environmental

Protection Act

Dear Mr. Anspach,

The Illinois Environmental Protection Agency ("EPA")

has referred the above-referenced

matter to the Office of the Attorney General for the initiation of legal enforcement action

. On

approximately April 19, 2005, the Illinois EPA conducted a tire storage inspection at the Sheridan

Sand and Gravel facility located at 2679 North 4201 Road in Sheridan, Illinois

. During the

inspection, the Illinois EPA observed approximately 2000 used/waste tires at the site, which

constitutes violations of the Illinois Environmental Protection Act

. As you know, on May 4, 2005,

the Illinois EPA issued violation notice number L-2005-01188 to Sheridan Sand and Gravel pursuant

to Section 31(a)(1) of the Illinois Protection Act, 415 ILCS 5/31(a)(1)

.

Our Office policy is to approach a potential defendant before filing a formal complaint in an

effort to resolve the matter . In this case, an acceptable alternative

;

to litigation would consist of

entering into a court approved settlement

. A settlement agreement would include, among other

things, a compliance schedule for incorporation of a technical remedy, an agreement to cease and

desist from future violations of the Illinois Environmental Protection Act and related regulations and

payment of a civil penalty

. Section 42 of the Act, 415 ILCS 5/42, provides for penalties up to

$50,000 per violation, plus $10,000 per day each

violation continues .

The Illinois Attorney General's Office offers you the opportunity to meet with representatives

of this office and the Illinois EPA in order to discuss resolution of this matter

. A meeting is

scheduled for Friday, January 13, 2006 at 11

:00 am at our office located at 188 West

EXHIBIT "D"

500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090

• TTY: (217) 785-2771

• Fax : (217) 782-7046

100 West Randolph Street, Chicago, Illinois 60601 •

(312) 814-3000 •

TFY (312) 814-3374 • Fax

: (312) 814-3806

1001 F-, (Pain (:nrSnndalr

. lIIinn;, 67001

• (Al R) ;70-0.400 • 'J" V (AI R)

;70_A4f14 • R,v (61 R) S70 Adl6

~-

---

Mr. Kenneth Anspach

January 3, 2006

Randolph, 20th Floor, Chicago . Please telephone me to confirm your attendance at this meeting by

January 9, 2006 . Should you choose to not respond to this letter, a formal complaint will be filed

without resolving this matter

.

cc :

Mr. Paul Jagiello, Assistant Counsel : IEPA

2

Very tru/sa .ydourA

.

4?~Vail

Assistant Attorney General

Environmental Bureau

188 West Randolph Street, 20 th Floor

Chicago, Illinois 60601

(312) 814-5361