BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

ADMINISTRATIVE CITATION

CLERK’S

OFFICE

SEP

25

2003

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

,

STATE OF ILLINOIS

)

~

—1 ~

Pollutton Control

Board

Complainant,

)

AC

V

)

v.

)

(IEPA No. 504-0~-AC)

)

JAMES FARLEY,

)

Respondent.

)

NOTICE OF FILING

To:

James Parley

dba Jim’s Auto

Salvage

1527 Seven Pines Road

Springfield,

Illinois

62704

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

CLERK’S

OFFICE

BEFORE THE

ILlINOIS

POLLUTION

CONTROL BOARD

SEP

25

2003

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

Pollution

Control Board

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

)

AC

~

v.

)

(IEPA No.

504-03-AC)

JAMES FARLEY,

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 James Farley, d/b/a/ Jim’s Auto Salvage (‘Respondent”) isthe present operator

of a facility located at the northwest corner of Matheny and Wolfe Streets,

Springfield, Sangamon

County,

Illinois.

The property is commonly known to the Illinois Environmental Protection Agencyas

Springfield/Jim’s Auto Salvage.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and

is designated with

Site Code No.

1671205718.

3.

That Respondent has

operated said

facility at all times pertinent hereto.

4.

That on July 30, 2003,

Jan

Mier

of the Illinois Environmental

Protection Agency’s

Springfield Regional Office

inspected the above-described facility.

A copy of her inspection report

setting forth

the results of said

inspection

is attached

hereto and

made a part hereof.

---

VIOLATIONS

Based

upon direct observations made

by Jan

Mier during the course of her July 30,

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 “AcV’) 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)(l)

(2002).

CIVIL

PENALTY

Pursuant to

Section

42(b)(4-5) of the Act,

415

ILCS

5142(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

One Thousand

Five

Hundred

Dollars

($1 ,500.00).

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 15, 2003, unless otherwise provided

by order of the Illinois Pollution Control

Board.

IfRespondent elects to contestthis Administrative Citation by petitioningthe 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 as alleged herein, afteran 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)(1) (2002), if Respondent fails

to petition orelects 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 withinthe time prescribed byorder of the

Illinois

Pollution

Control

Board,

interest on

said

penalty

and/or hearing

costs

shall

be

assessed

againstthe 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 FORCONTESTING 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.

_________________

Date:

~

1?2~10~

Renee Cipriano, Direcfor

Illinois

Environmental Protection

Agency

Prepared

by:

Susan Konzelmann,

Legal Assistant

Division

of Legal

Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois62794-9276

(217) 782-5544

4

---

REMITTANCE FORM

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

)

AC

v.

)

(IEPA No. 504-03-AC)

JAMES FARLEY,

)

Respondent.

)

FACILITY:

Springfield/Jim’s Auto Salvage

SITECODE NO.:

1671205718

COUNTY:

Sangamon

CIVIL PENALTY:

$1,500.00

DATE

OF INSPECTION:

July 30, 2003

DATE

REMITTED:

55/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

AFFIDAVIT

IN

THE

MATTER

OF:

)

Jim’s Auto

Salvage

)

)

IEPA DOCKET NO.

Respondent.

)

Affiant,

Jan

Mier,

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 Environmental Protection

Agency and

has

been so employed at

all times pertinent hereto.

2. On July 30,

2003

between 1:35

p.m. and 1:55 p.m.,

Affiant

conducted an inspection of an open dump, located in Sangamon

County, Illinois and known as

Springfield/Jim’s Auto

Salvage

by. the

Illinois Environmental Protection Agency. Said site has been

assigned site code numberLPC#1671205718 bythe Agency.

3.

Affiant inspected said 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 observationsand

factual conclusions with respect to said

open dump.

J~f~LQT

Subscribed and Sworn to Before Me

this~~dayof~~2003

~~1L4~

~

~

~

Notary

Public

~

~

~

:~F

~O~S

J

t

---

Open

Dump Inspection Checklist

,-,

‘,,

‘~u

SECTION

DESCRIPTION

~

VIOL

p~ p~j

~

1.~~_/~•

•mr.~fl~fl

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS~

1.

9(a)

CAUSE, THREATEN

OR ALLOW AIR

POLLUTION

IN ILLINOIS

2.

9(c)

CAUSE

OR ALLOW OPEN BURNING

3.

12(a)

CAUSE, THREATEN OR ALLOW WATER POLLUTION

IN

ILLINOIS

4.

12(d)

CREATE A WATER POLLUTION HAZARD

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 Violation

of Any Regulations or Standards Adopted by the Board

Z

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

(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

County:

SANGAMON

LPC#:

1671205718

Location/Site Name:

SPRINGFIELD/JIM’S AUTO

SALVAGE

Date:

07/30/2003

Time:

From

1:35

P

Inspector(s):

JAN

MIER

No. of Photos Taken:

#

6

Interviewed:

NO ONE

ON

SITE

Region:

5

-

Springfield

To

1:55

P

Previous

Inspection

Date:

Weather:

85 F,

SUNNY, DRY

Est. Amt. of

Waste:

300

yds3 Samples Taken:

Yes #

Complaint #:

10/15/2003

Responsible Party

Mailing Address(es)

and Phone

Number(s):

JAMES FARLEY

1527 SEVEN PINES ROAD

SPRINGFIELD, IL 62704

__No~

M.

A. BROWN,

INC.

601 S. DIRKSEN PARKWAY

SPRINGFIELD, IL 62706

217/5?~-Q

!VED

Revised

06/18/200 1

(Open Dump

-

1)

---

LPC#

1671205718

Inspection

Date:

07/30/2003

Informational Notes

Illinois

Environmental

Protection Act:

415 ILCS 5/4.

Illinois Pollution

Control Board: 35

III. Adm. Code, Subtitle

G.

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.

(7)

Deposition of General

Construction or Demolition Debris; or Clean Construction or Demolition

Debris

9.

55(a)

NO PERSON SHALL:

(1)

Cause

or Allow Open Dumping of Any Used or Waste Tire

Z

(2)

Cause_or Allow_Open_Burning_of Any_Used_or_Waste_Tire

35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS

SUBTITLEG

10.

812.101(a)

FAILURE TO SUBMIT AN APPLICATION

FOR A PERMIT TO DEVELOP AND

OPERATEALANDFILL

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;

(E)

CIRCUIT COURT

CASENUMBER:

ORDERENTEREDON:

15.

OTHER:

LI

LI

LI

.

LI

LI

L1~

1.

2.

3.

U

Signature of Inspector(s)

Revised 06/18/2001

(Open Dump -2)

---

Illinois Environmental Protection Agency

InsPection~Mi~1cEIVL,~1D~

LPC#1671205718

-

Sangamon

County

t

.

Springfield/Jim’s

Auto Salvage

MJ(

2 6

2003

Inspection Date: 7/30/03

Inspector: Jan Mier

FOS File

On July 30, 2003, I conducted an inspection at the above-referenced site. The property is owned by

James Farley. This site was originally inspected on 12/8/00 andMr. Farleywas sent a Violation

Notice (#L-2000-01042) foropen dumping/illegal tire storage of 1,500 tires. Three

compliance

deadline extensions were given and the site returnedto compliance on 2/6/02. Violations were again

cited from an inspection conducted on

7/15/02

and the site was returned to

compliance during an

-

inspection on 10/15/02, afterMr. Farley received an Administrative Citation WarningNotice

dated

9/5/02.

I arrived at 1:35

p.m. No one was on site.

I observed about twenty

vehicles

on site,

car parts, and

tires, both on and offrim. The garage pictured in photo #001 does not have electricity and has an

apparent leak in the roof. Tires and a metal tank were sitting outside of

it.

A shedwason site (see

photo #002) that Mr. Farley had previously said would be his office.

There was no

power to

it and

tires were sitting outside of it.

Photos #003 and#004

show

the vehicles

on site

in various states of

disrepair. Anotherpile of tires, on and offrim, was observed (see photo #005). Metal, lumber, tires,

vehicle parts and a car seat hadbeendisposed on the ground (see photo #006).

Ideparted at 1:55 p.m.

On August 8, 2003, I called the Secretary of State to determine if

Mr.

Farleyhad obtained a salvage

license. No record ofJames Farley or Jim’s Auto Salvage in Springfield, IL could be found.

Secretary of State

Corporation

information is attached.

On August 14,2003, Allen Alexander, of Sangamon County Department of Public

Health faxed me a

copy of the tax record, indicating

the property was

owned by M.A. Brown, Inc., a real estate company

now located at 601 S. Dirksen Parkway in Springfield, IL.

Their telephone number is 217/528-0424.

Information about

M.A. Brown, Inc. from the Illinois

Secretary of State Corporation web

site

is

attached.

I contacted

Mr. Farley on

8/20/03.

He stated the cars were from TRP

Auto

Sales located at 704

Martin Luther King Drive

in Springfield,

IL.

He stated that Randy Pate, TRP owner,

is storing the

cars at Mr. Farley’s

property.

When asked

if he owned the ‘property, Mr. Farley said he

is buying

it

contract fordeed fromM. A. Brown, Inc. realtycompany

and that he had three more payments

to go.

I called Mr. Pate on 8/21/03 and he

verified that he was storing cars at the site,

but that not all the

vehicles on the lot were his. He said he had applied forthe Certificate of Purchase on all the vehicles

and when he received the salvage title, he would send

them to Auto

Recyclers in Springfield, IL.

Violations observed at the time ofthe inspection are noted on the

attached checklist.

~CE1VI8D

cc:

DLPC/FOS

—

Springfield Region

DLC

—

Greg Richardson

~

A

~ ~

T

SCDPH

—

Allen Alexander

~

rf~_~~)

~

---

STATE OF ILLINOIS

ENVIRONMENTAL

SITE SKETCH

7/30/03

LPC#1671205718

Springfield/Jim’s Auto

Salvage

NORTH

Inspector:

Jan Mier

County:

Sangamon

Time:

1:35

p.m.

—

1:55

p.m.

Measurements Approximate

Direction of Photo

—

Not to Scale

Date

of Inspection:

Site

Code:

Site:

---

Illinois Environmental Protection Agency

Bureau of Land

DIGITAL PHOTOGRAPHS

LPC #1671205718

—

Springfield/Jim’s Auto

FOS File

Date:

7/30/03

Time:

1:35

p.m.

Direction: NW

Photo

by: Jan Mier

•Photo File Name:

167120571 8—07302003-001

Comments:

Vehicles, tires and tank

Date: 7/30/03

Time:

1:35

p.m.

Direction:

SE

Photo

by:

Jan Mier

Photo

File Name:

167120571 8—07302003-002

Comments:

•

•

..

-

•-.-~

-

Tires, table and shed

---

illinois

Environmental

Protection Agency

Bureau of Land

DIGITAL PHOTOGRAPHS

LPC #1671205718

—

FOS File

Date:

7/30/03

Time:

1:35p.m.

Direction:

SW

Photo

by:

Jan Mier

Photo File

Name:

167120571 8—07302003-003

Comments:

Vehicles and scrap

metal

Date:

7/30/03

Time:

1:35 p.m.

Direction:

West

Photo

by:

Jan

Mier

Photo

File Name:

167120571 8—073 02003-004

Comments:

U

.~—----:.~~

~.

.

.

~

——-~.

.?..1

-i~

..

‘.-

‘~-1

Vehicles

---

Illinois

Environmental Protection

Agency

Bureau of Land

DIGITAL PHOTOGRAPHS

LPC #1671205718

—

Sangamon

FOS File

Date:

7/30/03

Time:

1:36p.m.

Direction: West

Photo

by: Jan Mier

Photo

File Name:

167120571 8—07302003-005

Comments:

Tires,

scrap metal and

vehicles

Date:

7/30/03

Time:

1:36p.m.

Direction:

West

Photo

by:

Jan Mier

Photo File Name:

167120571 8—07302003-006

Comments:

Tires, car seat, lumber among

weeds

C’

•

1671205718~~073

02003.doc

---

---

PROOF OF SERVICE

I hereby certify that I did on the23rd dayofSeptember 2003, sendby 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:

James Farley

dba Jim’s Auto Salvage

1527 Seven Pines Road

Springfield, Illinois

62704

and the

original and nine

(9) true and correct copies ofthe same foregoing instruments on the

same

dateby CertifiedMailwith postage thereon fullyprepaid.

To:

DorothyGunn, Clerk

Pollution Control Board

James

R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois60601

\J1A~4L

Miche

e M. Ryan

Special AssistantAttorneyGeneral

Illinois Environmental ProtectionAgency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILiNG SUBMITTEDON RECYCLED

PAPER