RECEIVEr
CLERK’S OFFI~
JUL
22
2C04
STATE OF
ILi~.
Pollution
Cori.rc,t
INFORMATIONAL NOTICE!!!
1
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
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 Environmental Protection
Agency at the address given above and
should be
marked to the
ATTENTION:
DIVISION OF
LEGAL COUNSEL.
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUL
222004
ADMINISTRATIVE CITATION
STATE
OF
ILLINiOIS
Pollutson Control Boarc~
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA No. 346-04-AC)
)
BILL COLLINS,
)
)
Respondents.
)
NOTICE OF FILING
To:
Bill Collins
10603 Bencie Lane
West Frankfort, IL
62896
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 ADMiNISTRATiVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
Michel e M.
Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
(2 17) 782-5544
Dated:
July 20, 2004
THIS
FILING SUBMITI’ED ON RECYCLED PAPER
ED
JUL
222004
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
12
V.
)
(IEPA No.
346-04-AC)
)
BILL COLLINS,
)
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
Bill
Collins
(“Respondent”) is the
present operator of a facility located at the
southwest corner of an agricultural field west of Mainline Road, West Frankfort,
Franklin
County,
Illinois.
The property is commonly known
to the
Illinois
Environmental Protection Agency as West
Frankfort/Collins,
Bill #2.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and
is designated with
Site Code No. 0558045009.
3.
That Respondent has
operated said facility at all times pertinent hereto.
4.
That on June 9,2004, KentJohnson 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 and made a part hereof.
VIOLATIONS
Based
upon
direct
observations made
by Kent Johnson
during
the course
of his June
9,
2004
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).
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
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 August 16, 2002, unless otherwise provided
by order of the Illinois 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 issuesafinding of violation as alleged herein, after an adjudicatoryhearing,
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 or elects not to petition the Illinois Pollution ContrOl Board for reviewof thisAdministrative
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.
If any civil penalty and/or hearing costs are not paid within the time prescribed
by orderof the
Illinois
Pollution
Control
Board,
interest
on
said
penalty and/or hearing
costs ~hall 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 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 shalt 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:
~
!2-a)
CU-
Renee Cipriano,
Director
~4i
‘—~-~-—
Illinois
Environmental Prote~tionAgency
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. 346-04-AC)
BILL COLLINS,
Respondent.
FACILITY:
West Frankfort/Collins,
Bill #2
SITE CODE
NO.:
0558045009
COUNTY:
Franklin
CIVIL
PENALTY:
$1,500.00
DATE OF INSPECTION:
June
9,
2004
-
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,
)
)
IEPADOCKETNO.
34b-04.Ac
v.
)
)
BILL
COLLINS
)
)
)
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.
OnJune 9, 2004, between 1:35 P.M. and 2:03 P.M., Affiantconducted an inspection ofa disposal site
operated without an Agency permit, located in Franklin County, Illinois, and known as the Bill Collins #2 site
by the
Illinois Environmental Protection Agency.
Said site has assigned site code number
0558045009.
3.
Affiant inspected
said Bill
Collins
#
2
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, Affiantcompletedthe Inspection
Report form attached hereto and made a part hereof, which, to the best ofAffiant’s knowledge and belief, is an
accurate representation ofAffiant’s observations and factual conclusions with respect to said Bill Collins#2 site.
7~~2
~
Subscribed and Sw
o before me
this
______
____________,
2004.
~
~~ATho5~
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
Open
Dump
Inspection
Checklist
County:
Franklin
LPC#:
Region:
7
-
Marion
Location/Site Name:
West FrankfortlCollins,
Bill # 2
Date:
06/09/2004
Time:
From
1:35
PM
To
2:03 PM
Previous
Inspection
Date:
Inspector(s):
K. Johnson,
R.
Mileur
Weather:
Partly cloudy,_warm,_dry, sTight breeze
No. of Photos Taken:
#
6
Est.
Amt._of
Waste:__25
yds3
Samples Taken:
Yes #
No
~
Interviewed:
B. Brock,
equip. oper.;
~.
Collins, owner
Complaint#:
C-04-143-M
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
.evised 06/18/2001
0558045009
Bill Collins
.
10603
Bencie Lane
.
West Frankfort,
IL 62896
618/937-2271
.
SECTION
DESCRIPTION
VioL
ILLINOIS
ENVIRONMENTAL
PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOWAIR POLLUTION
IN
ILLINOIS
-
E
2.
9(c)
CAUSE
OR ALLOW OPEN BURNING
El
3.
1 2(a)
CAUSE,
THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
El
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
El
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
.
El
(3)
Open Burning
.
El
(4)
Deposition_of Waste in Standing
or Flowing Waters
El
(5)
Proliferation of Disease Vectors
El
(6)
Standing or
Flowing
Liquid Discharge
from the Dump
Site
El
(Open Dump
-
1)
LPC#
0558045009
Inspection
Date:
06/09/2004
.
(7)
Deposition
of General Construction or Demolition Debris; or Clean Construction or
Demclition
D~hris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open
Dumping
of Any Used or Waste
Tire
(2)
Cause or AllowOpen
Burning
of Any Used or Waste
Tire
El
35
ILLINOIS ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
10.
812.101(a)
FAILURE TO SUBMIT
AN APPLICATION
FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
13.
•
809.302(a)
ACCEPTANCE
OF
SPECIAL WASTE
FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
PERMIT AND/OR MANIFEST~
OTHER
REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
-
CASE
NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
Lignature of Inspector(s)
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-IUinoisl
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.
Informational Notes
Revised
06/18/2001
(Open
Dump -2)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Bureau of Land
LPC # 0558045009
—
Franklin County
West Franklort/Collins, Bill #
2
Inspector K. Johnson
June 9, 2004
FOS File
Complaint Investigation Report Narrative
This unpermitted site was inspected on June 9, 2004 by this author and Robert Mileur
representing the Agency.
The inspection was conducted in response to a complaint alleging the
open dumping ofsolid waste including roofing shingles and used/waste tires.
The inspection
was conducted from approximately
1:35
to 2:03
P.M., and six photos were taken during that
time.
Weather at the time ofthe inspection was partly cloudy and warm with dry soil and a
slight breeze.
Mr. Bob Brock, equipment operator, and Mr. Bill Coiiins, property owner, were
interviewed during this inspection.
No samples were taken during this inspection.
General Remarks/Inspection Findings
This site is located at the southwest corner ofan agricultural field west ofMainline Road,
West
Frankfort.
Mainline Road runs west from Industrial Park Road/Ken Gray Boulevard, which are
situated on the west side of West Frankfort, north of Route 149.
According to information
provided by Mr. Collins, he has owned this site for approximately seven years.
The mailing
address for Bill
Collins is
10603
Bencie Lane, West Frankfort,
IL 62896;
his phone number is
618/937-2271, and his cell phone number is 618/927-0487.
The equipment operator interviewed
during this inspection is Bob Brock,
General Delivery, Logan, IL 62856; Mr. Brock’s phone
number is 618/435-3324.
According to Mr.
Brock, he was hired by Mr. Collins
to clear a rOad
south through the property along an old railroad right-of-way.
In exchange for this serviée, Mr.
Collins allowed him to cut and sell trees from the impactedarea.
Upon our arrival in the area, Inspector Mileur and I saw a bulldozer from Mainline Road, and
proceeded along a dirt field road to that area.
Once there, I introduced myselfto a man who
identified himself as Bob Brock.
I explained to Mr. Brock why Iwas there, and asked him if
there was waste dumped and/or buried on the property.
Mr. Brock said that there were
some
shingles
in the way where he was clearing, so he had pushed them to the side.
He was adamant
that he did not bury anything, nor had he been told to bury anything by Mr. Collins, the property
owner.
I asked Mr. Brock when he was hired to clear the area, and he said that he had been talking to
Mr. Collins “since last year”.
Mr. Brock said that he had to go home and weld a line for his
bulldozer
(Komatsu model
# D65E), and he got ready to
get into a truck.
Prior to his departure, I
told him that I would like to look at the property.
He offered to walk with me, and escorted me
to an area near the north end where demolition debris and tires were located.
After we looked at
Page
1
LPC # 0558045009
—
Franklin
WestFranklort/Collins, Bill #2
June 9, 2004 complaint investigation report
these areas initially, Mr. Brock left the site while Inspector Mileur and I walked the rest ofthe
distance south along the newly developed access.
No other areas were noted.
As we returned to the vehicle, photos were taken ofthree separate
areas.
The largest pile of
demolition debris was located east ofthe access road
Photos
002-003,
and was estimated at
18’
long,
10’ wide, and 2’ deep.
Across the access road to
the west was a smaller pile of
demolition debris
Photo
OOl,
estimated at 3’ by
10’ and
‘/2’
ofwaste visible.
There was some
evidence that dirt had
covered some waste Photo
004,
as demolition debris was protruding
from the edge ofthe access road on the west side.
In addition,
8-10 used/waste tires were
observed toward the north end ofthe access road on the west side
Photos
005-006.
After taking photos, we got into the vehicle and began to
leave, meeting Mr. Collins as he drove
into the site.
I explained the situation to Mr. Collins, and he asked what he
needed to do to
resolve the situation.
I informed Mr. Collins that he should remove all ofthe waste to proper
facilities, and that receipts should be kept to document proper disposal.
I explained the general
course of action with regard to
enforcement for open dumping sites,
and Mr. Collins
acknowledged the information.
Before leaving, I reminded Mr. Collins that I would need to go
back to
his other site in the near future (LPC
# 0558040007).
He said that he nearly had it “all
cleaned up”, as he had acquired 20,000 square feet ofinside storage at the old American Fiber-
lite facility near Marion, Illinois (LPC #
1990555038).
I told Mr. Collins that I ~vouldcall him to
schedule an inspection at his other facility.
Summary of Inspection Findings
Based on the fact that waste from off-site, including demolition debris and used/waste tires, have
been open dumped at this site, the following apparent violations are being cited atthis time.
Violations ofSections 21(a), 21QD)(l), 21Q)(7), and
55(a)(l)
are being cited because waste,
including demolition debris and used/waste tires, have been open dumped resulting in litter at
this site.
Violations ofSections 21(d)(l) and 812.101(a) are being cited because from off-site has been
brought to this facility, which does not have a permit to receive waste.
This is apparent due to
the fact that no buildings have apparently existed on this property, and there is no apparent
reason for tires to be generated at this site, which contains neither a residence nor a business.
Violations of Sections 21(d)(2) and 21(e) are being cited because violations of the Illinois
Environmental Protection Act and Board regulations were
observed at the time ofthe inspection.
Page 2
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
SITE
SKETCH
Inspection Date:
3a~
oiy/
Inspector:
R. ~
LPC #:
06?
~1/
5OO~j
County:
F~o~k(r~.
Site Name:
W~-
Fr~x~
k
1I~
~
I
1
Q~X
(0tU~~
~WORTH
‘p
I
• Site sketch
is not
to ;cale.
—
~
~-.
—
~c~-b
~
LPC # 0558045009
—
Franklin County
West Frankfort/Cbllins, Bill # 2
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: 6/9/04
TIME:
1:57 PM
DIRECTION: West
PHOTO
by: K. Johnson
PHOTO
FILE NAME:
0558045009-4)6092004-001
CO1SIMENTS:
DATE:
6/9/04
TIME:
1:58 PM
DIRECTION: Northeast
PHOTO by: K. Johnson
PHOTO FILE NAME:
0558045009-4)6092004-002
COMMENTS:
LPC
# 0558045009
—
Franklin County
West Frankfort/Collins, Bill #2
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
619/04
TIME:
1:58 PM
DIRECTION: Southeast
PHOTO by: K Johnson
PHOTO FILE
NAME:
0558045009—06092004-003
COMMENTS:
DATE:
619/04
TIME:
1:58 PM
DIRECTION:
Down
PHOTO by: K. Johnson
PHOTO
FILE
NAME:
0558045009-06092004-004
COMMENTS:
LPC
# 0558045009
—
Franklin County
West Frankfort/Collins, Bill #
2
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
6/9/04
TIME:
1:59 PM
DIRECTION:
Northwest
PHOTO
by: K. Johnson
PHOTO FILE
NAME:
0558045009-06092004-005
COMMENTS:
DATE:
6/9/04
TIME:
2:00 PM
DIRECTION: West-
northwest
PHOTO by: K Johnson
PHOTO FILE NAME:
0558045009—06092004-006
COMMENTS:
7~~
PROOF OF SERVICE
I hereby certify that I did on the 20th dayofJuly 2004, send by Certified Mail, Return Receipt
Requested, with postage thereon fullyprepaid, by depositing in a United States Post OfficeBox a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Bill Collins
10603 BencieLane
West Frankfort, IL
62896
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 fullyprepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
‘~~IichelM. 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
