__
RECE~VED
~
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
CLERK’SQFFICE
_______
1021
NORTH GRAND AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
217-7~tlG92
62004
JAMES
R.
THOMPSON
CENTER,
100
WEST RANDOLPH,
SLFFE
11 ~30O,
CHICAGO,
IL 60601,
312
F ILLINOIS
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOFPOIIUtIOfl
Control Board
(217) 782-9817
TDD: (217) 782-9143
August 24, 2004
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agencyv. David and Shelby Hill and N.E. Finch Company
IEPA File No. 359-04-AC; 0570255162—Fulton
County
-
Dear Clerk Gunn:
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies ofthe Administrative Citation Package, consisting ofthe Administrative
Citation, the inspector’s Affidavit, and the inspector’s Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s).
On this date, a copy ofthe Administrative
Citation Package was sent to the Respondent(s) via
Certified Mail.
As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five
(35)
day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation.
Ifyou have any questions or concerns, please do not hesitate to contact me at the number above.
Thank you for your cooperation.
Sincerely,
Michelle M. Ryan
Assistant Counsel
Enclosures
ROCKFORD
—4302 North Main
Street,
Rockford,
IL 61103 —(815) 987-7760
•
Des
PLAINES
—9511 W. Harrison
St.,
Des Plaines,
IL 60016— (847) 294-4000
ELGIN
—595 South
State, Elgin,
IL 60123— (847) 608-3131
•
PEORIA —5415 N.
University St.,
Peoria,
IL 61614— (309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—
7620 N. University
St.,
Peoria, IL 61614— (309) 693-5462
•
CHAMPAIGN
—2125
South First Street, Champaign; IL 61820—
(217) 278-5800
SPRINGFIELD
—4500 S. Sixth Street
Rd., Springfield,
IL 62706
—
(217) 786-6892
•
COLLINSVILLE
—
2009 MalI
Street, Collinsville,
IL 62234— (618) 346-5120
MARION
—2309 W. Main
St., Suite 116, Marion,
IL 62959 —(618) 993-7200
PRINTED ON
RECYCLED
PAPER
INFORMATIONAL NOTICE!!!
IT IS
IMPOR1ANT 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
for Review 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 Environrñentaf Protection
Agency at the address given above and should be marked to the
ATTENTiON:
DIViSION OF
LEGAL COUNSEL.
-
RECEF~PED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
26
2~O4
ADMINISTRATIVE CITATION
STATE OF
ILUNOIS
Pollution
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
.
.
)
AC
C)~
v.
)
(EPA No. 359-04-AC)
)
DAVID and SHELBY HILL and N.E.
)
FINCH COMPANY,
)
)
Respondents.
)
NOTICE OF FILING
To:
David and Shelby Hill
N.E. Finch Co.
-
20516 E.
County Hwy 22
Registered Agent:
James F.
Kane
Canton, Illinois
61520
411
Hamilton, Suite
1711
Peoria, Illinois
61602
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe-State ofIllinois the following instrument(s) entitled ADMINTSTRATIVE
CITATION, AFFIDAVIT, and
OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
JJ~L~ikJ~
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:
August 24, 2004
This
FILING
SUBMITTED ON
RECYCLED PAPER
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
AUG 26
2O~4
-
STATE OF
ILLII’.j
ADMINISTRATIVE CITATION
POIlUt~OflControl Boa~d
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
~
)
V.
)
(IEPA No. 359-04-AC)
DAVID and SHELBY HILL and N.E.
FINCH
)
COMPANY,
)
)
)
Respondents.
JUICTION
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.
Thai David
and Shelby Hill are the present owners and
N.E. Finch Company is the
operator (collectively “Respondents”) of a facility located in St.
David, Fulton County,
Illinois with
a
mailing address of 20516 E. County Highway 22, Canton, Illinois.
The property is commonly known
to the Illinois
Environmental Protection Agency as Radiator Plus.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and
is designated with
Site Code No.
0570255162.
3.
That Respondents have owned/operated said
facility at all times pertinent hereto.
4.
That on
June 29, 2004,
Robert
J. Wagner of the Illinois Environmental
Protection
Agency’s Peoria Regional Office inspected the above-described facility.
A copy of his inspection
report setting forth the results of said inspection
is attached hereto
and made a part hereof.
1
VIOLATIONS
-
Based
upon direct observations
made by Robert J. Wagner during the course of his June
29, 2004
inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that
Respondenthas violated the Illinois Environmental Protection Act (hereinafter,the
“Act”) as follows:
-
(1)
That
Respondents
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 5/2l(p)(l)
(2002).
(2)
That
Respondents caused
or allowed
the
open
dumping
of waste
in
a
manner
resulting
in
open
burning,
a
violation
of
Section
21(p)(3)
of the
Act,
415
ILCS
5/21 (p)(3) (2002).
(3)
That
Respondents
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, aviolation of Section 2l(p)(~7)
of theAct, 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),
Respondents are
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
Four Thousand
Five
Hundred
Dollars
($4,500.00).
If
Respondents
elect
not to
petition the
Illinois
Pollution
Control
Board,
the statutory
cIviI
penalty
specified
above
shall
be
due and
payable
no
later than
September 15, 2004,
unless otherwise
provided by order of the Illinois
Pollution
Control Board.
2
If Respondents elect 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 issuesafinding of violation as alleged herein, after an adjudicatory hearing,
Respondents shall be assessed the associated hearing costs incurred by the Illinois
Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shell be assessed
in
addition
to
the One Thousand
Five
Hundred
Dollar ($1,500.00) statutory civil penalty for each
violation.
Pursuantto Section 31.1(d)(1) of the Act, 415 ILCS 5/31.1(d)(1) (2002), ifRespondentsfail
to petition orelect 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,
Respondents’
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,
Respondents 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 byorder of the
Illinois
Pollution
Control
Board,
interest on said
penalty and/or hearing
costs shall
be
assessed
againstthe Respondents 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 Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
—
-
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents
have
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 Respondents elect to contest
this Administrative Citation, then Respondents shall file a 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 theAct provides that any Petition for Review shall be filed within thirty-five (35) days
of the date of service of this Administrative Citation orthe Illinois Pollution Control Board shall enter
a default judgment against the Respondent.
-
-
Date:
~
I
Z’~4
I
O~4
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. 359-04-AC)
)
DAVID
and SHELBY HILL and
N.E.
FINCH
)
COMPANY,
)
)
Respondents.
FACILITY:
Radiator Plus
SITE CODE NO.:
0570255162
COUNTY:
Fulton
CIVIL
PENALTY:
$4,500.00
DATE OF INSPECTION:
June 29, 2004
-
DATE REMITTED:
-
SS/FEJN
NUMBER:
SIGNATURE:
-
—
-
NOTE
-
Please
enter the
date
of
your
remittance,
your
Social
Security number
(SS)
if
an
individual
or
Federal EmployerIdentification 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:
IEPA DOCKET NO.
RESPONDENT
Affiant, Robert J. Wagner,
being first duly sworn,
voluntarily deposesand 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 June 29,
2004,
between 8:30 a.m.
and 9:00 a.m.,
Affiant conducted an inspection of the open dump in Fulton
-
County,
Illinois,
known as Radiator Plus,
Illinois Environmental
Protection Agency Site No.
0570255162.
3.
Affiant inspected said Radiator Plus open dumpsite by
an on-site inspection,
which included walking the site and
photographing the site.
4.
As a result of the activities referred to in
-
-
Paragraphs
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
Trust Number One open dump.
Subscribed and Sworn to
me this
day
of
OFFICIAl. SEAL
-
-
Lynne
A. Anthony
Notaiy Public,
State
of Illinois
My Comm ission l~xpires1/21/07
Public
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Open
Dump
Inspection Checklist
County:
Fulton
LPC#:
0570255162
Region:
3
-
Peoria
Location/Site Name:
Canton / Radiator Plus
Date:
06/2912004
Time:
From
8:30 AM
To
9:00 AM
Previous Inspection Date:
Inspector(s):
Robert
J. Wagner
Weather:
Sunny,
Dry, 75°F
No. of Photos Taken:
#
20
Est. Amt. of Waste:
1500
yds3
Samples Taken:
Yes #
No
~
Interviewed:
David
Hi!!
-
Comp!aint#:
C-2004-081-P
Responsible
Party
Mailing Address(es)
and
Phone
Number(s):
SECTION
DESCRIPTION
_VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
-
1.
2.
9(a)
9(c)
CAUSE,
THREATEN OR ALLOW AIR
POLLUTION
IN
ILLINOIS
-
CAUSE OR ALLOW OPEN
BURNING
-
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
0
4.
12(d)
CREATE AWATER POLLUTION
HAZARD
-
0
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
-
7.
21(e)
DISPOSE, TREAT, STORE,
OR ABANDON ANY WASTE,
OR TRANSPORT ANY
WASTE INTO
THE STATE
AT/TO SITES
NOT MEETING
REQUIREMENTS OF A~T
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
0
(3)
Open Burning
David & Shelby Hill
Dibla
Radiator
Plus
20516
E. County Hwy 22
Canton,
II. 61520
(309) 668-2923
Canton
Industrial Corporation
Fulton County Trustee
Stephen
P.
Schrimpf
P.O. Box96
Edwardsville,
II.
62025
N.E.
Finch Co.
Registered Agent:
James
F. Kane
411
Hamilton
Suite
1711
Peoria,
II.
61602
City Of Canton
Mayor Jerry Bohier
210
E.
Chestnut St.
Canton,
II. 61520
(309)
647-0065
-
Revised 06/18/2001
(OpenDump
-
1)
(4)
Deposition of Waste
in Standing or Flowing Waters
0
(5)
Proliferation
of Disease Vectors
0
(6)
Standing or F!owing Liquid
Discharge from the
Dump
Site
0
LPC#
0570255162
Inspection
Date:
06/29/2004
-
(7)
Deposition of General Construction or Demolition Debris; or Clean
Construction or
Demc-Iitinn De.hris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping
of
Any
Used or Waste Tire
-
(2)
Cause or
Allow
Open Burning of
Any
Used or Waste Tire
-
0
35
ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
-
SUBTITLE G
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT
TO DEVELOP
AND
10.
812.101(a)
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
-
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION
AND
13.
809.302(a)
PERMIT AND/OR
MANIFEST
-
-
OTHER REQUIREMENTS
14.
.
APPARENT VIOLATION
OF:
(0)
PCB;
(0)
CIRCUIT COURT
CASENUMBER:
ORDERENTEREDON:
-
0
15.
OTHER:
-
-
-.
-
0
0
-
~-
-
)
~:
fl
/
S
na
eo
nspectot~(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
ofthe 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 theAct.
5.
This inspection
was conducted
in accordance
with Sections 4(c) and 4(d) of the (Illinoisj Environmental Protection Act:
Revised 06/18/2001
(OpenDump
-2)
-
415 ILCS
5/4(c)
and (d).
6.
Items
marked with
an
“NE
were not evaluated at the time of this inspection.
Revised 06/18/2001
(Open Dump
-
3)
0570255162
--
Fulton County
Radiator Plus
Robert
J.
Wagner
June 29, 2004
Page
1
Narrative
On
June
29,
2004,
this
author
(Robert
J.
Wagner)
inspected
a
property owned by
David
&
Shelby Hill
(see attached property deed).
The property is located at 20516
E.
County Highway
22, Canton, Illinois.
Radiator Plus is
the name ofthe radiator shop located on the propertywhich
is operated by Mr. Hill.
The inspection was a result of a citizen’s complaint (C-2004-081-P).
The
complainant
alleged
that
iron, brick and
mortar were
being
dumped in
a
hollow
behind
David Hills
radiator shop in St.
David, Illinois.
According to
the complainant,
N:E.
Finch was
-
dumping the material.
The material was generated
at the
old
International
Harvester Plant in
Canton, illinois.
The complainant has witnessed truckloads ofmaterial
going to the property.
This
author
arrived
at
the property
at
8:30
AM.
David
Hill
met
this
author.
This
author
identified himself to
Mr. Hill and
explained the purpose of the visit.
Mr. Hill gave this
author
permission to walk and photograph the property.
This
author observed bricks, metal debris,
electrical conduit,
processed
wood,
tires,
and rebar
dumped in a depression on the property.
Photographs
1, 2, 3, 4,
5,
6,
7,
8,
9,
10,
11,
12,
13,
14,
15,
16,
19 and 20
show the area.
Evidence
indicates
that
open burning had taken place
on the
property.
Photographs
17 and
18 show the charred remains ofprocessed wood and dry wall (see
site sketch).
Mr.
Hill has been allowing N.E. Finch to bring in
demolition debris
from the old
International
Harvester Plant in Canton,
illinois and dump
it into
a depression
on his property.
He has not charge N.E. Finch a tipping fee.
Hejust wanted to fill in a 30-foot depression
on his
property.
He estimates that N.E. Finch dump 250
-
300 semi truck loads in the depression.
N.E.
Finch
assured him
that
this
was
a
legal
activity.
Mr.
Hill
called Mr.
Sean
Strader,
-Project
Manager for N.E. Finch, while this author was at the site.
This author spoke to Mr.
Strader
abbut
the demolition
debris
that
had
been dumped
in the depression.
Mr.
Strader said
that
he
-
had
visited
the property on
several occasions
and had not
seen
any problems with
the demolition
debris being dumped in the depression.
He did state
to
this
author that
he might have seen
“a
little bit ofmetal” mixed in with
the bricks.
-
According to Mr.
Strader, the demolition debris came from razing some ofthe buildings at the
old International Harvester Plant in Canton, illinois.
N.E. Finch was hired by the City OfCanton
to
do
the demolition work at the
site.
According to the
contract
all,
the demolition materials
were to be taken to an EPA-approved landfill.
-
According
to
the property deed the old
International Harvester Plant is
owned by
the
defuiict
Canton
Industrial
Corporation.
The
trustee
to
the
Cantoli
Industrial
Corporation
is
Fulton
County.
According
to
Mr.
Cliff
O’Brien,
Cantons
Public
Works
Director,
there
-
is
an
intergovernmental agreement between the City of Canton and
Fulton
County for ownership of
the CantonIndustrial Corporation property.
This agreement is fairly new and maynot have been
entered into the county record as ofthe date
of
this inspection.
0570255162
--
Fulton
County
Radiator Plus
Robert
J.
Wagner
June 29, 2004
Page 2
The
following
alleged
violations
were
observed
and
indicated
on
the
open
dump
inspection
checklist:
1.
Pursuant
to
Section
9(a)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(a)),
no
person shall
cause
or
threaten
or
allow
the
discharge
or emission
of any
contaminant into the environment in any State so as to cause ortend to
cause air pollution
in
Illinois,
either alone or in combination with contaminants from other sburces, or so as
to
violate regulations or standards adopted by the Board under this Act.
A
violation
of
Section
9(a)
is
alleged
for
the
following
reason:
Evidence
of
open
burning
which would
cause
or tend to cause air pollution
in
Illinois
was
observed
during the inspection.
2.
Pursuant to
Section
9(c)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(c)), no person
shall
cause
or allow the open
burning of refuse,
conduct any salvage
operation by open
burning,
or cause or allow the burning of any
refuse
in
any
chamber
not
specifically
designed
for
the
purpose
and
approved
by
the
Agency
pursuant
to
regulations
adopted by the Board under
this
Act.
-
A
violation
of
Section
9(c)
is
alleged
for
the
following
reason:
Evidence
of
open
burning was observed during the inspection.
3.
Pursuant
to
Section
21(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(a)),
no person shall cause or allow the open dumping of
any waste.
A
violation of
Section
21(a)
is
alleged
for
the
following
reason:
Evidence
of open
dumping of-waste was
observed during the inspection.
-
-
4.
Pursuant
to Section
21(d)(1) of the
Illinois
Environmental
Protection
Act (415
ILCS
5/21(d)(1)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or waste-
disposal
operation
without
a
permit
granted
by
the
Agency
or
in
violation
of
any
conditions imposed by such permit.
-
A violation of Section
21(d)(1) is alleged for the following reason: Waste was
disposed
without
a permit granted by the Illinois EPA.
5.
Pursuant
to
Section 21(d)(2) of the
Illinois
Environmental
Protection Act
(415
JLCS
5/21 (d)(2)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or
waste-
disposal
operation
in
violation of
any
regulations
or
standards
adopted
by
the
-
Board
under this Act.
-
A
violation of Section
21(d)(2) is
alleged
for
the following
reason:
A waste
disposal
operation
was
conducted in violation of regulations adopted by the Illinois Pollution
Control Board.
0570255162
--
Fulton County
Radiator Plus
Robert J. Wagner
June29,
2004
Page 3
6.
Pursuant to
Section
2l(p)(l)
of the
Illinois
Environmental Protection Act
(415
ILCS
5/21@)(1)), no person shall, in violation ofsubdivision (a) ofthis Section, cause or allow
the open dumping ofany waste in a manner which results in litter.
The prohibitions specified in this subsection
~)
shall be enforceable by the Agency either
by administrative citation under Section
31.1 ofthis Act or as otherwiseprovided by this
Act.
The spec~/Ic
prohibitions
in
this
subsection do
not
limit the power
Of the Board
to
establish regulations orstandards applicable to open dumping.
-
A violation of Section
2l(p)(l) is
alleged for the following reason:
The open dumping
ofwaste was
caused or allowed in
a manner which resulted in
litter.
7.
Pursuant
to
Section
21(p)(3) of the
Illinois
Environmental Protection Act
(415
ILCS
5/21(p)(3)), no person shall,
in violation ofsubdivision (a) ofthis Section,
cause or allow
the open dumping ofany waste in a manner which results in open burning.
A violation of Section
21(p)(3) is
alleged for the
following reason:
The
open dumping
ofwaste was caused or allowed
in a manner which resulted in open burning.
8.
Pursuant
to
Section
21(p)(7)
of the
illinois
Environmental
Protection
Act
(415
ILCS
5/21(p)(7)),
no
person shall cause or allow the open dumping of waste
in
a manner that
results in deposition of(i)
general
construction
or demolition demolition
debris as defined
in
Section 3.160(a) ofthis Act; or (ii) clean
construction or demolition demolition debris
as
defined
in Section 3.160(b) ofthis Act.
-
-
A violation of Section
21(p)(7)
is
alleged
for the
following
reason:
The open dumping
—
of waste was
caused or allowed in
a
manner which resulted in deposition ofgeneral
or clean construction or demolition demolition debris.
9.
Pursuant to
Section
55(a)(1)
of the
illinois
Environmental
Protection Act
(4-15
ILCS
5/55(a)(1)),
no person shall cause or allow the open dumping ofany used or waste tire.
A violation of Section
55(a)(1)
is
alleged
for the following reason:
Evidence of open
-
dumping of used or waste tires was observed during the inspection.
-
10.
Pursuant to 35
Ill. Adm.
Code 812.101(a), all persons, except those specifically exempted
by
Section
2 1(d) of the
ilhinois
Environmental
Protection
Act,
shall
submit to
the
Agency an application for a permit to develop and operate a landfill.
-
A violation of 35 Ill.
Adm. Code 812.101(a) is alleged for the following reason: A waste
disposal site was operated
without submitting to the Iffinois EPA
an application for
a permit to develop and operate a landfill.
DATE OF INSPECTION: 06/29/04
SITE
CODE:
0570255162
SITE
NAME:
Radiator Plus
Radiator
STATE
OF
ILLINOIS
ENYIRONMENTAL
PROTECTION AGENCY
SITE SKETCH
19
18
17
14~
20~
~613
Dump
Site
~12
10
fr
8
‘~
6
1
5
County Highway 22
INSPECTOR(S): Robert J.
Wagner
COUNTY: Fulton
TIME:
8:30
AM
to
9:00 AM
Drawing Not To Scale
~__~
- -
i-~
-
-
DUMP
0570255162
-
Fulton County
-
I
Radiator Plus
L
--
0570255162
-
Fulton
County
-
Site Photographs
Radiator Plus
Page
1 of 10
FOS File
DATE:
June
29, 2004
TIME:
8:36AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE
NAME:
0570255 162—06292004-001
.jpg
COMMENTS:
DATE:
June 29, 2004
-
-
~
*
TIME:
8:36AM
--
~----~~
-
-
-
PHOTOGRAPHED
BY:
Robert
3.
Wagner
-
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH
FILENAME:
0570255 162-*06292004~002.jpg
COMMENTS:
DOCUMENT
FILENAME:
05702551
62*~06292004.doc
0570255162
-
Fulton County
Radiator Plus
FOS File
DATE:
June 29, 2004
TIME: 8:37AM
PHOTOGRAPHED BY:
Robert 3. Wagner
DIRECTION:
Photograph taken
-
toward the northwest.
PHOTOGRAPH
NUMBER:
3
PHOTOGRAPH
FILE
NAME:
05702551 62~~06292004~003
.jpg
COM~vIENTS:
DATE:
June
29, 2004
TIME:
8:37AM
PHOTOGRAPHED
BY:
Robert 3. Wagner
-
DIRECTION:
Photograph taken
towardthe northwest.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH
FILE
NAME:
0570255 1624)6292004-004.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
05702551 62—06292004.doc
Site Photographs
Page 2oflO
0570255162
-
Fulton County
Radiator Plus
FOS
File
DATE:
June
29, 2004
TIME:
8:37AM
PHOTOGRAPHED
BY:
Robert
3.
Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
05702551 62~*06292004~005.jpg
COMMENTS:
DATE:
June 29, 2004
TIME:
8:37AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH
NUMBER:
6
PHOTOGRAPH FILE
NAME:
05702551 62’—O6292004-006.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
0570255162~06292004.doc
Site Photographs
Page3oflo
-
0570255162
-
Fulton County
SitePhotographs
Radiator Plus
Page
4
of 10
FOS File
DATE:
June 29, 2004
TIME:
8:38AM
PHOTOGRAPHED BY:
Robert
3.
Wagner
DIRECTION:
Photograph taken
towardthe southwest.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
0570255l62~O6292004-007.jpg
COMMENTS:
-
DATE:
June 29, 2004
TIME:
8:38AM
PHOTOGRAPHED BY:
Robert 3. Wagner
-
DIRECTION:
Photograph
taken
toward the north.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPHFILE NAME:
0570255162~O6292004-008.jpg
COMMENTS:
DOCUMENTFILE NAME:
0570255 162~O6292004.doc
0570255162
-
Fulton County
Radiator Plus
FOS
File
DATE:
June 29, 2004
TIME:
8:39AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph
taken
towardthe southwest.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE NAME:
05702551 62--O6292004-009.jpg
COMMENTS:
DATE:
June 29, 2004
TIME:
8:39AM
PHOTOGRAPHED BY:
Robert
J.
Wagner
-
DIRECTION:
Photograph
taken
toward the southwest.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE NAME:
0570255 162-O6292004-010.jpg
COMMENTS:
DOCUMENT FILE
NAME:
05702551 62~06292004.doc
Site Photographs
Page
5 of 10
0570255162
-
Fulton County
Site Photographs
Radiator Plus
Page
6 of 10
FOS
File
DATE:
June 29,
2004
TIME:
8:39AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph
taken
toward the west.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH
FILE NAME:
0570255162-~06292004-0
11 .jpg
COMMENTS:
DATE:
June 29, 2004
TIME:
8:40AM
PHOTOGRAPHED
BY:
Robert
3.
Wagner
-
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE NAME:
0570255162—~06292004-012.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
0570255162—~06292004.doc
0570255162
-
Fulton
County
Site Photographs
Radiator Plus
Page
7 of 10
FOS File
DATE:
June 29, 2004
TIME:
8:41AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
northwest.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILE NAME:
05702551 62—06292004-013.jpg
COMMENTS:
DATE:
June
29, 2004
TIME:
8:41AM
PHOTOGRAPHED BY:
Robert J. Wagner
-
DIRECTION:
Photograph taken
toward
the northwest.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH FILE NAME:
0570255162~—O6292004-0
14.jpg
COMMENTS:
DOCUMENT FILE NAME:
0570255 162--06292004.doc
0570255162
-
Fulton County
Radiator Plus
FOS
File
-
DATE:
June 29, 2004
TIME:
8:41AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
southeast.
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE NAME:
05702551 62-~06292004-0
15 .jpg
COMMENTS:
DATE:
June 29, 2004
TIME:
8:41AM
PHOTOGRAPHED BY:
Robert 3. Wagner
-
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE NAME:
0570255162-~06292004-0
1 6.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0570255162—06292004.doc
Site Photographs
Page 8oflO
0570255162
-
Fulton County
Site Photographs
Radiator Plus
Page 9 of 10
FOS File
DATE:
June 29, 2004
TIME:
8:42AM
PHOTOGRAPHEDBY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
17
PHOTOGRAPH FILE
NAME:
05702551
62~06292004-0
17.jpg
COMMENTS:
DATE:
June 29, 2004
TIME:
8:42AM
PHOTOGRAPHED BY:
Robert
3.
Wagner
-
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
18
PHOTOGRAPH FILE NAME:
05702551 62~-06292004-01
8.jpg
COMMENTS:
DOCUMENT FILE NAME:
0570255162’-’06292004.doc
0570255162
-
Fulton County
Site Photographs
Radiator Plus
Page
10 of 10
-
FOS File
DATE:
June 29, 2004
-
1
TIME:
8:42AM
PHOTOGRAPHED BY:
Robert 3. Wagner
DIRECTION:
Photograph taken
towardthe
east.
PHOTOGRAPH
NUMBER:
19
PHOTOGRAPH FILE NAME:
0570255162~~06292004~0
19.jpg
COMMENTS:
DATE:
June 29,
2004
TIME:
8:43AM
PHOTOGRAPHED BY:
Robert J. Wagner
-
DIRECTION: Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
20
PHOTOGRAPH FILE NAME:
0570255 162’—06292004-020.jpg
COMMENTS:
DOCUMENT
FILE NAME:
0570255 162~06292004.doc
PROOF OF SERVICE
I hereby
certif~’that
I did
on the 24th
day of August 2004,
send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid,by depositing in aUnited States Post Office
Boxa
true and
correctcopyofthe following instrument(s) entitled
ADMINISTRATIVE CITATION,
AFFIDAVIT, and
OPEN DUMP INSPECTION CHECKLIST
To:
David and Shelby Hill
N.E. Finch Co.
20516
B.
County Hwy
22
Registered Agent:
James F. Kane
Canton, Illinois
61520
411
Hamilton, Suite
1711
Peoria, Illinois
61602
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fullyprepaid
To:
Dorothy Gunn, Clerk
-
-
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago,
Illinois
60601
jLLtL1~
-
-
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
