RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
SEP
2
52003
ADMINISTRATIVE CITATION
STATE
OF
ILLINOiS
poIIut~ofl
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Complainant,
)
AC
(-7
)
v.
)
(IEPA No.
505-03-AC)
)
ROBERT THOMPSON,
)
)
Respondent.
)
NOTICE OF FILING
To:
Robert Thompson
Route 1,Box333
Cairo,
Illinois
62914
PLEASE
TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Control
Board of the State
of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT,
and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
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:
September 23,
2003
THIS
FILING SUBMITI’ED
ON
RECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOP~1~RK’S
OFFIrE
ADMINISTRATIVE CITATION
SEP
2
52003
STATE
OF
ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
~
v.
)
(IEPA No. 505-03-AC)
ROBERT THOMPSON,
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 Robert Thompson (“Respondent”)is the present owner and operator of a facility
located at40lJefferson Street, Cairo, Alexander County, Illinois.
The property is commonly known
to the Illinois Environmental Protection Agency as Cairo/Thompson,
Robert.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with
Site Code No. 0030055034.
3.
That Respondent has owned and operated
said facility at all times pertinent hereto.
4.
That
on
August
19,
2003,
Kent Johnson
of the
Illinois
Environmental Protection
Agency’s Marion Regional Office inspected
the above-described facility.
A copy of his inspection
report setting
forth the results of said inspection is attached hereto andmadea part hereof.
VIOLATIONS
Based upon direct observations made by KentJohnson during the course of his August 19,
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
5/21(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 ordemolition debris, a violation of Section 21(p)(7) of the Act,415 ILCS
5/2l(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 totalof 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 October 31, 2003,
unless otherwise provided by order of the Illinois
Pollution Control
Board.
If Respondentelects to contestthis 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 asalleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shall be assessed
in
addition
to
the One Thousand
Five
Hundred
Dollar ($1,500.00) statutory
civil penalty for each
violation.
2
Pursuant to Section 31.1 (d)(1) of the Act,
415
ILCS 5/31.1 (d)(l) (2002), if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for reviewof 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
theillinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection
Agency,
1021
North
Grand Avenue East,
P.O.
Box 19276,
Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondent shall complete and
return
the
enclosed
Remittance Form to ensure proper documentation of payment.
If any civil penalty and/or hearing costs are not paid within the time prescribed byorderofthe
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or hearing
costs
shall
be assessed
against the Respondent from the date payment is due up to:and
including the date that payment is
received.
The Office
of
the Illinois
Attorney General may
be
requested
to
initiate proceedings
against Respondent in Circuit Court to collect said
penalty and/or hearing costs,
plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
—
Respondent
has
the
right
to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance with Section
31.1
of the Act, 415 ILCS
5/31/1
(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 thatany 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.
I,A~t1~~
CL114~O
Date:
~IV5(O~
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
v.
)
(IEPA No. 505-03-AC)
ROBERT THOMPSON,
Respondent.
)
FACILITY:
Cairo/Thompson,
Robert
SITE CODE
NO.:
0030055034
COUNTY:
Alexander
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
August 19, 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
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
)
Complainant,
)
)
IEPA DOCKET NO.
v.
ROBERT THOMPSON
)
)
Respondent.
)
AFFIDAVIT
Affiant, Kent Johnson, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant
is
a
field
inspector
employed
by
the
Land
Pollution
Control
Division
of the
Illinois
Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On August
19,
2003,
between
9:56
A.M.
and
10:05
A,M.,
Affiant conducted
an
inspection of a
disposal site operated without an Agency permit, located in Alexander County, Illinois, and known as the Robert
Thompson
site
by
the Illinois
Environmental Protection
Agency.
Said
site
has assigned
site
code
number
0030055034.
3.
Affiant inspected said
Robert Thompson site
by an on-site inspection which included walking and
photographing the site.
4.
As a result ofthe material actions referred to in Paragraph 3 above, Affiant completed the Inspection
Report form attached hereto and made a part hereof, which, to the best ofAffiant’s knowledge and belief, is an
accurate representationof Affiant’s’observations and factual conclusions with respect to said Robert Thompson
site.
Subscribed and Sworn to before me
this
~
day of~&~
,
2003.
/
~OFFICIAL
SEAL
-
LiNDA
G. KNIGHT
Notary
Public,
State
of Illinois
~My
Cu~~mission
Expires: 7/15/2005
~
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Open
Dump Inspection
Checklist
County:
Alexander
LPC#:
0030055034
Region:
7
-
Marion
Location/Site Name:
Cairo/Thompson,
Robert
Date:
08/19/2003__Time:__From__9:56_AM
To__10:05 AM
Previous
Inspection Date:
07/10/2002
Inspector(s):
K.
Johnson
Weather:
Mostly sunny,
warm, dry
No.
of Photos Taken:
#
5
Est. Amt. of Waste:
85
yds3
Samples Taken:
Yes #
No
~
—
Interviewed:
None
(no one on-site)
Complaint#:
C-04-017-M
Robert Thompson
NOTE: Previous inspection
unrelated to
Responsible Party
Route
1
Box 333
this complaint, and was conducted by
Cairo,
IL 62914
another inspector~D,I.~~rd).
Number(s):
618/734-0908
V L’
.(~p02
2003
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
E
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
Z
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
(1)
Without a
Permit
(2)
In Violation of Any Regulations or Standards Adopted by the Board
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE,
OR TRANSPORT ANY
WASTE INTO THE
STATE
AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE IN
A MANNER WHICH
RESULTS
IN
ANY OF THE FOLLOWING OCCURRENCES
AT THE
DUMP SITE:
(1)
Litter
(2)
Scavenging
fl
(3)
Open
Burning
~________
(4)
Deposition_of Waste_in_Standing_or_Flowing_Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from
the Dump Site
Revised
06/18/2001
(Open Dump
-
I)
LPC#
0030055034
Inspection
Date:
08/19/2003
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
Demolition
Dehris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used
or Waste Tire
E
(2)
Cause or Allow Open Burning of Any
Used or Waste Tire
E
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE 0
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.1 21
SPECIAL WASTE DETERMINATION
ACCEPTANCE
OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION
AND
PERMIT ANDIOR MANIFEST
13.
809.302(a)
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(LI)
PCB;
(LII)
CIRCUIT COURT
CASE
NUMBER:
ORDER ENTERED ON:
15.
OTHER:
Informational Notes
Yr/dC?~
~nature
of Inspector(s)
1.
lllino~ 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 orregulatory 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.
4...—
Revised 06/18/2001
(Open Dump
-
2)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Bureau
of Land
LPC
# 0030055034
—
Alexander County
.
Cairo/Thompson, Robert (formerly G Tire Wholesale)
~‘
I Vf~t
Inspector K. Johnson
August 19,2003
~
U,~
2003
FOS
File
~P4~Rn~
Complaint Investigation Report Narrative
This unpermitted facility was inspected on August
19,
2003
by
this author representing the
Agency.
The investigation was conducted
in response to a complaint alleging the improper
disposal ofdemolition debris at this site.
The on-site inspection took place
from approximately
9:56
to
10:05 A.M., and five photos
were taken Photos
001-005.
No interviews were
conducted, and no samples were
taken during the inspection.
Weather at the time ofthe
inspection was mostly sunny and warm with dry soil
conditions.
Mr. Glen Klett,
code inspector
for the City of Cairo, escorted me to
the site and accompanied me during the inspection.
General
Remarks
According to a deed dated September
21,
1992, Robert
and Tony Thompson own this property.
The deed located on page
615
of book 282, describes the property as Lots
11-18 in
Block 61
in
Cairo,
IL.
The physical location is 401
Jefferson Street, Cairo, IL 62914.
Robert Thompson,
one ofthe owners, apparently receives mail at Route
1, Box
333, Cairo,
IL 62914, phone
618/734-0908.
Reportedly, the waste
dumped at this site was generated from a demolition
project currently being done
by Mr. Thompson at the intersection of 8~’~
Street and
Washington
Avenue.
Mr. Eric Hazelwood, who owns and operates WhiteLine Tires in Cairo,
IL, owns that
property.
For reference, this site was formerly known as G Tire Wholesale, operated by
Greg Johnson.
During that time, Robert and Tony Thompson owned the site,
but the Thompson’s were not
known as operators of the G Tire Wholesale venture, and
therefore were not named in any
enforcement activities relating to
G Tire Wholesale.
However, the current violations discussed
herein are apparently from the activities of Robert Thompson,
and there is no current evidence to
indicate that Greg Johnson or
G Tire Wholesale has any
involvement
in the dumping ofthe
demolition debris discussed within this report.
As such, Robert Thompson will be considered
both owner and operator for the current violations at the site.
-
Inspection
Findings
Since
Mr. Klett had been involved with
the alleged source of the waste for this
site, he
agreed to
accompany me during this inspection.
As such, we arrived,at the site, finding
no means to
restrict access and several truckloads ofdemolition debris visible from
the street.
We entered the
site, where I took photos ofthe waste.
Photos 001-004 were
taken panoramically to
show the
extent of the waste.
However, when those photos were downloaded,
a haze was noted in the
photo,
which was apparently caused from
a camera lens that fogged up when it was taken out
Page
I
LPC # 0030055034
—
Alexander
County
Cairo/Thompson, Robert (formerly G Tire Wholesale)
A~ugust19, 2003
complaint investigation
into the heat ofthe day.
Regardless, the photos
show roughly
7-8 distinct piles of wood debris
consistent with the
waste noted at a demolition job at
8th
and
Washington in
Cairo.
Photo
005
shows a closer photo
of the waste, and
it is noted that the waste type was roughly consistent
throughout all piles.
After making
on-site findings,
Mr.
Klett and I went by the demolition job at 8~’
and Washington,
where
I noted a red
dump truck that contained wood demolition debris consistent with the waste
that
I hadjust observed at this site.
The red truck appeared to be a red International dump truck
that has previously been observed
at the George Neal site in Cairo
and the Ralph Robinson site
in Golden Lily.
Mr. Thompson has previously admitted that he demolished part of the building
on the George Neal site, and that he dumped waste at the Ralph Robinson property.
Summary
of Inspection Findings
On April
1, 2003, I spoke to
Robert Thompson about the proper disposal ofdemolition debris
from building demolition projects.
On that date, and again on April
15,
2003
to Alan Grimmett,
an asbestos inspector with the Agency’s Bureau ofAir, Mr. Thompson has acknowledged that he
knows it is not legal to dump demolition debris.
However, waste from the demolition job at
8thi
and
Washington has apparently been taken to Mr. Thompson’s property and dumped there in
unsegregated piles.
While there may be additional witness evidence to name Mr. Thompson as
the person who dumped the waste,
Mr. Thompson has apparently caused or allowed the open
dumping ofdemolitiondebris at a property that he owns or co-owns.
As
such, the following
violations are being cited at this time.
Violations of Sections 21(a), 2l(p)(l),
and 2l(p)(’7) are being cited because waste, specifically
demolition debris, has been open dumped at this facility.
Violations of Sections 21(d)(l)
and 812.101(a) are being cited because no Agency permits have
been received by this facility to
accept waste, nor is there any indication that an application
seeking such a permit has been submitted to
the Agency.
Violations of Sections 21(d)(2) and 21(e) are being
cited because waste has been disposed ofat
this site in violation of the Illinois
Environmental Protection Act
(the Act)
and/or 35 Ill.
Adm.
Code.
Page 2
ILLINOIS
ENVIRONME~AL
PROTECTION AGENCY
SITE
SKETCH
Inspection Date:A~~+
~,
z~t~
Inspector:.
K.
~
LPC #:
043
OoS
5&3’/
County:Aj~,~der
Site Name:
CO/~rr-~~w~p.so’i,
r~tW(tr~
~
T~
i~~.A)
NORTH
I
f~.
Site sketch
is not
to
scale.
LPC
# 0030055034
—
Alexander County
Cairo/Thompson, Robert (formerly G Tire Wholesale)
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
8/19/03
TIME:
9:58 AM
DIRECTION:
East
PHOTO
by: K. Johnson
PHOTO
FILE
NAME:
0030055034-08192003-001
COMMENTS:
DATE:
8/19/03
TIl~IE:9:58 AM
DIRECTION:
Southeast
PHOTO
by: K.
Johnson
PHOTO
FILE
NAME:
0030055034-08192003-002
COMMENTS:
LPC
#
0030055034
—
Alexander County
Cairo/Thompson,
Robert (formerly G Tire Wholesale)
FOS File
DATE:
8/19/03
TIME:
9:58 AM
DIRECTION:
South-
southwest
PHOTO
by:
K. Johnson
PHOTO
FILE NAME:
0030055034-08192003-003
COMMENTS:
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
8/19/03
TIME:
9:58 AM
DIRECTION: Southwest
PHOTO
by: K. Johnson
PHOTO FILE
NAME:
0030055034-08192003-004
COMMENTS:
-
-
.
LPC #
0030055034
—
Alexander County
Cairo/Thompson, Robert (formerly
G Tire Wholesale)
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: 8/19/03
TIME:
10:02 AM
DIRECTION: South-
southwest
PHOTO by: K. Johnson
PHOTO FILE
NAME:
0030055034-08192003-005
COMMENTS:
PROOF OF SERVICE
I
hereby
certify that I did on
the 23nd day of September 2003, send by Certified Mail,
Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box the following instrument(s) entitled AFFIDAVIT OF SERVICE
To:
Robert Thompson
Route
1, Box
333
Cairo, Illinois
62914
and the original and nine (9) true and correct copies ofthe same foregoing instrur~ientson the same
date by Certified Mail with
postage thereon fully prepaid.
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
(217)
782-5544
THIS FILING SUBMITTED ON RECYCLED
PAPER
