R~C~VED
CLERK’S OFFICE
DEC 222003
STATE OF IWNOIS
Pollution Control Board
4_coq -~(
INFORMATIONAL
NOTICE!!!
“
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS.
NOTE:
This Administrative Citation refers to TWO separate State
of Illinois Agencies. One is the ILLINOIS
POLLUTION
CONTROL BOARD located at State of Illinois Center,
100 West Randolph Street, Suite 11-500, Chicago, Illinois
60601. The other state agency is the
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
located at:
1021 North Grand Avenue East, P.O. Box 19276,
Springfield, Illinois 61794-9276.
-
If you elect to contest the enclosed Administrative citation, you must
file a
PETITION FOR
REVIEW with thirty-five (35)
days
of the date
the Administrative Citation was served upon you. Any such Petition
forReview must be filed with the clerk of the Illinois Pollution Control
Board by either hand delivering or mailing to the Board at the address
given above. A copy of the Petition for Review should be either
hand-delivered or mailed to the Illinois Environmental Protection
Agency at the address given above and should be marked to the
ATTENTION: DIVISION OF LEGAL COUNSEL.
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC22 2003
ADMINISTRATIVE CITATION
Pollutio,~
STATE OF
Control
IWNOIS
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC 0
c_f —
)
V.
)
(IEPA No. 747-03-AC)
)
EQUIPPING THE SAINTS MINISTRY,
)
INTERNATIONAL, INC.
)
)
Respondent.
)
NOTICE OF FILING
To:
Equipping the Saints Ministry, International, Inc.
Billie Landers, Registered Agent
5000 Dickey John Road
-
Auburn, Illinois
62615
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Poliutior Control
Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
J~i~kj±tc~
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)
782-5544
Dated: December 18, 2003
THIS
FILING
SUBMIYFED ON RECYCLED PAPER
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD DEC 2 2 2003
ADMINISTRATIVE CITATION
PollutionSTATE
OFControlILLINOIS
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 747-03-AC)
)
EQUIPPING THE SAINTS MINISTRY,
)
INTERNATIONAL, INC.,
)
)
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31.1 (2002).
FACTS
1.
That Equipping the Saints Ministry International, Inc. (“Respondent”) is the present
owner of a facility located at 402 W. Loud Street, Virden, Macoupin County, Illinois. The property is
commonly known to the Illinois Environmental Protection Agency as Virden/Equipping the Saints
Ministry, International, Inc.
2.
That said facility is an open dump operating without an Illinois Environmental -
Protection Agency Operating Permit and is designated with Site Code No. 1174105036.
3.
That Respondent has owned said property at all times pertinent hereto.
4.
That on November 18, 2003, Steven C. Townsend of the Illinois Environmental
Protection Agency’s Springfield Regional Office inspected the above-described facility. A copy of
his inspection report setting forth the results of saidinspection isattachedh~ereto-andrnadea part
hereof.
VIOLATIONS
Based upon direct observations made by Steven C. Townsend during the course of his
November 18, 2003 inspection of the above-named facility, the Illinois Environmental Protection
Agency has determined that Respondent has violated the Illinois Environmental Protection Act
(hereinafter, the “Act”) as follows:
(1)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS
5121(p)(1)
(2002).
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in deposition of general construction or demolition debris or clean
construction or demolition debris, a violation of Section 21(p)(7) of the Act, 415 ILCS
5/21 (p)(7) (2002).
-
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002), Respondent is
subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) for each of the
violations identified above, for a total of Three Thousand Dollars ($3,000.00). If Respondent elects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than January 30, 2004, unless otherwise provided by order of the~~••illinôis
Pollution Control Board.
If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1 of the Act, 415 ILCS 5/31.1 (2002), and if the Illinois
Pollution Control Board issues a finding of violation asallegedherein,~afteranadjudicatory hearing,
Respondent shall be assessed the associated hearingcostsincurred by the Illinois Environmental
2
Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1,500.00) statutory civil penalty for each.
violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondentfails
to petition or elects not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
adopt a final order, which shall include this Administrative Citation and findings of violation as
alleged herein, and shall impose the statutory civil penalty specified above.
When payment is made, Respondent’s check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Along with payment, Respondent shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment.
Ifany civil penalty and/or hearing costs are not paid within the time prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondent from the date payment is due up to and including the date.that payment is
received. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondent in Circuit Court to collect said penalty and/or hearing costs, plus an.y interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citation pursuant to and in
accordance with Section 31.1 of the Act, 415 ILCS 5/31/1 (2002). If Respondent elects to contest
this Administrative Citation, then Respondent shall file a signed Petition for Review, including a
Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601. A copy of said Petition for Review shall be filed with the Illinois Environmental Protection
Agency’s Division of Legal Counsel at 1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Section 31.1 of the Act provides that any Petition for Review shall be filed within
thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution
Control Board shall enter a default judgment against the Respondent.
-
t~eA~.e~
(44/~~~D
Date: _______
Renee Cipriano, Director
Illinois Environmental Protection Agency
Prepared by:
Susan E. Konzelmann, Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
)
EQUIPPING THE SAINTS MINISTRY,
)
INTERNATIONAL, INC.,
)
(IEPA No. 747-03-AC)
)
Respondent.
)
FACILITY: Virden/Equipping the Saints Ministry, International, Inc.
SITE CODE NO.:
1174105036
COUNTY:
Macoupin
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
November 18, 2003
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter the date of your remittance, your Social Security number (SS) if an individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form. Be
sure your,check is enclosed and mail, along with Remittance Form, to Illinois Environmental
Protection Agency, Attn.: Fiscal Services, P.O. Box 19276, Springfield, Illinois 62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
)
Illinois Environmental
)
Protection Agency
)
)
vs.
)
IEPA DOCKET NO.
Equipping the Saints
)
- -
AC
Ministry, International, Inc. )
)
Respondent.
)
Affiant, Steven C. Townsend, being first duly sworn, voluntarily deposes and states as follows:
1. Affiant is a field inspector employed by the Division of Land Pollution Control of the Illinois
Environmental Protection Agency and has been so employed at all times pertinent hereto.
2. On November 18, 2003, between 9:40 AM and 10:10 AN/I, Affiant conducted an inspection of
a disposal site operated without an Illinois Environmental Protection Agency permit, located in
Macoupin County, Illinois, and known as VirdenlEquipping the Saints Ministry, International,
Inc. by the Illinois Environmental Protection Agency. Said site has been assigned site code
number LPC# 1174105036 by the Illinois Environmental Protection Agency.
3. Affiant inspected said VirdenlEquipping the Saints Ministry, International, Inc. open dump
site by an on-site inspection which included walking and photographing the site.
4. As a result of the activities referred to in paragraph 3 above, Affiant completed the Inspection
Report form attached hereto and made a part hereof, which, to the best of Affiant’s knowledge
and belief, is an accurate representation of Affiant’s observations and factual conclusions with
respect to said VirdenlEquipping the Saints Ministry, International, Inc. open dump.
Subscribed and Sworn To before me
This//~ayof,L~/~-t~ ~
~
~
(~FF~j ~~EAL
~ ~‘OW~LL
~
~ci.~~y
F-U~U.~
~
ftL~OiS
C
‘~nr~.~
‘~
?004
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump
Inspection Checklist
County:
Macoupin
LPC#:
1174105036
Region:
5-Springfield
Location/Site Name:
Virden/Equipping the Saints Ministry International,. Inc.
Date:
11118/2003 Time: From 9:40
To 10:10
Previous Inspection Date: N/A
Inspector(s):
S. ToWnsend
S
Weather: 61 °F Rainy/cloudy
No. o1~Photos Taken: # 3
Est. Amt. of Waste: 30 -i-/- yds3 Samples Taken: Yes #
No ~
Interviewed:
Billie Landers via Telephone
Complaint #: C-04-035-C
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Equipping the Saints Ministry
International, Inc.
5000 Dickey John Rd.
Auburn, IL 62615
Attn.:-Billie Landers -
Phone: (217) 438-3202
SECTION
.
DESCRIPTION
VIOL
ILLINOIS-ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
- .1.
9(a)-..
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
.
11
2.
9(c)
- CAUSE OR ALLOW OPEN BURNING
-
-
3.
12(a)
CAUSE, THREATEN OR ALLOW WATERPOLLUTION IN ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION HAZARD
.
LII
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
.
(1)
Without a Permit
.
.
-
~
(2)
- In Violatioh of Any Regulations or Standards Adopted by the Board
LII
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
AND REGULATIONS
LII
~
8.
.21(p)
-CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER
WHICH RESULTS
.
-
-.
Litter
-(2)-
Scavenging
LII
- . (3)
Open Burning
.
-
LI
•
(4)
Deposition of Waste in Standing or Flowing Waters
LI
(5)
Proliferation of Disease Vectors
.
.
LII
(6)
-
Standing or Flowing Liquid Discharge from the Dump Site
S
-
LPC# 1174105036
Inspecticrn Date:
11-18-03
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
9.
55(a)
NO
PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
LIII
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
Eli
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
-
- —
SUBTITLEG
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
10. 81 2.101 (a) OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
LI~
12. 808.121
SPECIAL WASTE DETERMINATION
LI
13. 809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
-
LII
.
-
-______
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF: (LII)
PCB;
(Liii)
CIRCUIT COURT
-
.
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
LI
..
LI
.
LI
LI
LI•
I!
LI
/
,~~6natureø1~Insp~’ctor(s)
Informational Notes
1.
Illinois Environmental Protection Act: 415 ILCS 5/4.
2.
Illinois Pollution Control
Board: 35 III. Adm. Code, Subtitle G.
3.
Statutory and regulatory references herein are provided for convenience only and should not be construed as legal
conclusions of the Agency or as limiting the Agency’s statutory or regulatory powers. Requirements of some statutes
and regulations cited are in summary format. Full text of requirements can be found in references listed in 1. and 2.
above.
4.
The provisions of subsection (p) of Section 21 of the Illinois Environmental Protection Act shall be enforceable either
by administrative citation under Section 31.1 of the Act or by complaint under Section 31 of the Act.
5. This inspection was conducted in accordance with Sections 4(c) and 4(d) of the Illinois Environmental Protection Act:
415 ILCS 5/4(c) and (d).
6. Items marked with an “NE” were not evaluated at the time of this inspection.
IEPA
-
BOL/FOS MEMORANDUM
DATE:
December 4, 2003
TO:
DLPC/lJivi ion File
FROM:
.
~o’~ send, DLPC/FOS
SUBJECT:
LPC # 1174105036- Macoupin County
Virden/Equipping the Saints Ministry, International, Inc.
C-04-035-C
FOS FILE
On October 31, 2003, this Agency received a complaint about the above referenced facility. The
complaint alleged that Ray Landers had purchased a nursing home property in Virden and had not
paid to have the waste disposed of, but had instead allowed the waste from remodeling the place to
accumulate in a pile out front. The complaint also stated that the waste contained tiles that may
contain asbestos. I attempted to call Mr. Landers and spoke with a woman who answered the phone.
Isaid I was calling about a complaint received on the old nursing home property in Virden, IL that I
was told Mr. Landers had purchased. The woman responded that Mr. Landers did not have any such
property, I then contacted Macoupin County and had property ownership records faxed up to me.
The records indicatedthat the Property was owned by Equipping the Saints Ministry, International,
Inc. The Registered Agent for the Ministry is Billie Landers (see attachment A): I also spoke with
the City ofVirden Police Department and learned that the city also had asked Mr. Landers to correct
the problem but had difficulty getting anyone to return a phone call or receive mail about the site.
The waste had apparently been on the ground for four to six weeks at that time.
I also called and left a message forBillie Landers, the Ministry’s Registered Agent, to call me. I did
not get a call back before November 18, 2003. Billie Landers’ phone number is the same number for
Ray Landers in on-line phone books. A multimedia inspection was planned with BOA due to
possible asbestos tiles. On November 18, 2003, this Agency conducted an inspection ofthe above
referenced site. Steve Youngblut, BOAIFOS
—
Springfield Region accompanied me on the
inspection.
We arrived on-site at about 9:40. Nobody was on-site when we arrived. A pile ofwaste located
along the northeast part ofthe site was visible from Loud Street as weapproached the site. The pile
contained floor tiles, carpet, wood, insulation, cardboard, PVC type pipes, metal, cloth/fabric,
drywall, a grill, and various other items (see photos 1174105036-1 1182003-001 through 003). The
building appeared to have been in the process ofa majorrenovation. There were windows out and
open and water could be seen on the floor inside from a distance. There appeared to have been some
roofwork done. Mr. Youngblut collected a floor tile from the pile. He said he did not suspect that
these tiles contained asbestos. Following examination ofthe pile we walked around the building. A
second pile was found along the wall on the south part ofthe west side ofthe building.
Following the inspection I drove to the address listed with the IL Secretary of State for Billie
Landers. This is also the address for Ray Landers in multiple on-line white pages. We drove to the
house and parked near a red pick-up truck in the rear driveway. The truck had a “for sale” sign on it.
I knocked on the door but received no answer. I left a business card in the door and wrote on it to
have Billie Landers call me. When I arrivedback at the office about 35 minutes later I had a single
message on my voice mail from Ray Landers stating he had attempted to call me several times and
bad left messages, as his children stated I had left a card. I checked with our administrative support
staff, which said I had received only one call, which was sent to my voice mail. I called the Landers’
phone number and asked forRay or Billie Landers. I was told that Ray was not there. I spoke with
Billie Landers. This was the same person Ispoke with when I had inquired about the site previously.
Ms. Landers told me she was not aware ofthe dump on the Virden property and she forgot they had
the property until my card was left. Ireminded her ofmy previous call when I was told Ray did not
own the place. I said that the Agency expected them to clean the place up when she asked what
needed to be done. I also said that they would need to save receipts to show the waste went to an
approved disposal site and to take some photos to show the work.
Mr. Youngblut consulted with Mr. Alan Grimmet, BOAIFOS, regarding the tile collected during the
inspection. He informed me that since the tile is 12 inches by 12 inches in size it is very likely vinyl,
and not asbestos containing. He also said that even if the tile contained asbestos it would not be
regulated, as it was not ground into a powder. The tiles in the trash pile on-site were intact and there
was little or no mastic on the tile. Mr. Youngblut believes that no NESHAP violations were
occurring.
Apparent violations are noted in the attached checklist.
cc:
DLPC/FOS-Springfield Region
DAPC/FOS-Springfield Region
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date of Inspection: November 18, 2003
Site Code: 1174105036
Site Name:
Equipping the Saints Ministry International,
Photo File 1174105036~~4il82003
NORTH
Not To Scale
Inspector:
S. Townsend
County: Macoupin
inc.Time:
9:40
to
10:10
Measurements Approximate
Direction of Photo ~
Sign that reads
“Virden Nursing &
Rehabilitation Center”
Waste
Piles
001
Equipping the Saints Ministry
International, Inc.
Residential
Garage
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC # 1174105036
- Macoupin
County
Virden/Equipping The
Saints Ministry International, Inc.
FOS File
Date: Novemberl
8,2003
Time:
9:45
Direction: SW
Photo by: S. Townsend
Photo File Name:
1 1741
05O36-~11182003-001
Comments:
Waste
pile with tiles
and
other
waste.
Old nursing home in the
background.
Date: November18,
2003
TIme: 9:45
Direction:
S-SW
Photo by: S. Townsend
Photo File Name:
1 174105036—i 1182003-002
Comments:
Waste pile with tiles and other
waste. Old nursing home in the
background.
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC # 1174105036- Macoupin County
Virden/Equ~5pingThe Saints Ministry International, Inc.
FOS File
Date:
November18, 2003
Time: 9:49
Direction: NE
Photo by: S. Townsend
Photo File Name:
I 174105036—il 182003-003
Comments:
Waste pile with residential
dwelling in the backgroumd.
--
~‘?-~
-k--:
PROOF OF SERVICE
I hereby
certify that I did on
the 18th day ofDecember, send by Certified Mail,
Return Receipt
Requested, with postage thereon fully prepaid, by depositing in a United States PostOffice
Box
atrue
and correct copy of the following instrument(s) entitled ADMINISTRATIVE
CITATION,
AFFIDAVIT, and
OPEN
DUMP
INSPECTION CHECKLIST
To:
Equipping the Saints Ministry, International, Inc.
Billie Landers, Registered Agent
5000 Dickey John
Road
Auburn, Illinois 62615
and the original and nine
(9)
true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully pr~epaid
To:
Dorothy
Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)
782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
