INFORMATIONAL NOTICE!!!
IT IS IMPORTANTTHAT YOU READ
THE E~’cLOSED
DOCUMENTS.
NOTE::
This
Administrative Citation refers to TWQseparate 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 iddress given above and should be marked to the
ATTENTION: DIVISION
OF LEGAL COUNSEL.
RECEIVED
CLERK’S
OFFJC~F
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
FEB
142005
ADMINISTRATIVE CITATION
STATE
OF
ILLIN(
~
ILLINOIS ENVIRONMENTAL
)
Pollution Control
B~ara
PROTECTION AGENCY,
)
Complainant,
)
AC
0?
)
v.
)
(JEPA No.
36-05-AC)
)
HAROLD BRULEY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Harold Bruley
850 West Jackson
Virden, Illinois
62690
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP iNSPECTION CHECKLIST.
Respectfully submitted,
~
J4hes M. Kropid
Stecial Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)782-5544
Dated:
February 9, 2005
THIS FILING
SUBMITrED ON RECYCLED PAPER
RECE~V~p
CLERK’S
QF~’~
FEB
14
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
STATE OF
ILL
ADMINISTRATIVE CITATION
Pollution Contro’
~
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No. 36-05-AC)
)
HAROLD
BRULEY,
)
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
Harold
Bruley
(“Respondent”) is the present owner and operator of a facility
located on the 800 blockof West Jackson Street, Virden,
Macoupin County, Illinois.
The property is
commonly known to the
Illinois Environmental Protection Agency as Virden/Bruley.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and is designated with
Site Code No. 1174105030.
3.
That Respondent has owned and
operated said facility at all times pertinent hereto.
4.
That
on January 7,
2005, Steve 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 said
inspection
is
attached
hereto and
made
a part
hereof.
VIOLATIONS
Based
upon direct observations made by Steve Townsend during the course of his January
7,
2005
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
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
litter,
a
violation
of
Section
21(p)(l) of
the Act,
415
ILCS
5/2l(p)(1)
(2002).
(2)
That
Respondent 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 ordemolition debris, a violation of Section 21(p)(7) of theAct, 415 ILCS
5121(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 Four Thousand
Five
Hundred
Dollars
($4,500.00).
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 March 31, 2005, unless otherwise provided
2
by order of the Illinois Pollution Control
Board.
If Respondent elects 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 as alleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated
hearing costs incurredby 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.
Pursuantto Section 31.1(d)(1) of the Act, 415
ILCS 5/31.1(d)(1) (2002), if Respondentfails
to petition orelects notto 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 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 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:
_____
Renee Cipriano, Director
4~
Illinois Environmental Protecti~nAgency
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
RECEIVED
CLERK’S OFFICE
REMITTANCE
FORM
FEB
142005
STATE OF ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
pollution Control Board
PROTECTION AGENCY
)
Complainant,
)
AC
V.
)
(IEPA No. 36-05-AC)
)
HAROLD BRULEY,
)
Respondent.
)
FACILITY:
Virden/Bruley
SITE CODE NO.:
1174105030
COUNTY:
Macoupin
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION:
January 7, 2005
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
Open Dump Inspection Checklist
~ounty:
Macoupin
LPC#:
1174105030
.ocation/Site
Name:
Virden/Bruley
Jate:
01/07/2005
Time:
From
14:04
To
14:24
Previous Inspection Date:
03/07/2003
nspector(s):
S.
Townsend
Weather:
30
0
F
Overcast
-
moist soil cond
‘Jo. of Photos Taken:
#
10
Est. ~mt. Of Waste:__4000+
yds3
Samples Taken:
Yes
#
nterviewed:
N/A
Complaint #:
C-99-050-C
No
~
ECUV
ED
F~O12OUS
IEPA-~BOL
SECTION
DESCRIPTION
J_VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR
ALLOW AIR POLLUTION IN ILLINOIS
f~i
2.
9(c)
CAUSE OR ALLOW OPEN
BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
U
4~
12(d)
CREATE A WATER POLLUTION HAZARD
U
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
AND
REGULATIONS
Z
8.
21(p)
CAUSE OR ALLOWTHE OPEN
DUMPING OF
ANY
WASTE IN A MANNER WHICH RESULTS IN
ANY
OF THE
FOLLOWING OCCURRENCES AT THE DUMP SITE:
(1)
Litter
(2)
Scavenging
U
(3)
Open Burning
(4)
Deposition of Waste in Standing or_Flowing_Waters
LI
(5)
Proliferation
of Disease Vectors
Standing or Flowing Liquid Discharge
from the Dump
Site
0
LI
(6)
Region:
5
-
Springfielo
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Mr.
Harold
Bruley
850 W. Jackson
Virden,
1L 62690
Revised 06/18/2001
(Open
Dump
-
1)
LPC#
1174105030
Inspection Date:
1-7-05
(7)
Deposition of General
Construction or Demolition Debris; or
Clean
Construction or Demolition
Debris
9.
~
55(a)
(1)
NO PERSON SHALL:
Cause or Allow Open Dumping
of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35
ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE
G
FAILURE TO SUBMITAN APPLICATION FORAPERMITTO 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 ANDIOR MANIFEST
OTHER REQUIREMENTS.
14.
APPARENT VIOLATIONOF:
(El)
PCB;
(El)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
LI
.
15.
OTHER:
U
LI
.
.
.
U
•
LI
.
•
U
Informational Notes
(
~Tgnat~(reo~k~ètor(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 ôited 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) ofSection 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)
ofthe 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.
Revised 06/18/2001
(Open Dump
-
2)
IEPA
-
BOL/FOS MEMORANDUM
DATE:
January 18, 2005
TO:
DLPC/Division
File
~
ECEIVED
FROM:
S. Townsend, DLPC/FOS
Ffl~O
12005
SUBJECT:
LPC # 1174105030
-
Macoupin County
Virden/Bruley
TEPA—
C-99-050-C
FOS FILE
On
January 7, 2005, this author conducted a follow-up inspection at the above referenced facility(hereafter
Bruley).
A complaint was received that
alleged an open dump was being run on the 800 block ofWest
Jackson St. in Virden,
IL.
Apparent violations were fOund during previous inspections.
This inspection
was conducted to see if the site had been cleaned-up.
I drove along Jackson St. past the site from the east
end to the west end ofthe 800 blockand sawthat wastes were still on-site. I stopped atthe site and parked
the car.
As
I got out ofthe car I saw
a man coming out ofa mobile home on-site.
The man was not Mr.
Harold Bruley.
I introduced myself and asked ifMr. Bruleywas home.
I was told he was at work. I told
him Iwas there to inspect the site.
I asked if Mr. Bruleywould be home soon. The man said not until after
5.
The man said I should try after
5
or before 9 and then went back inside.
I walked around the site and
photographed it.
This site still had much ofthe waste seen during theinitial
1999 inspection.
Additional wastes have been
added since
1999.
South ofthe mobile homes where two
areas where open burning ofwastes, including
tires, appears to have occurred (see photos
1 174105030—01072005-003 and 004). Other wastes included
mobile homes with missing
walls or in
semi gutted or gutted
condition,
appliances, demolition debris,
autos and auto parts, metal, and wood (see photos 1174105030—M1072005-001 through 010).
Wastes on
site appeared to be somewhat more sorted than the previous inspection on March 7, 2003.
During theMarch 7, 2003, inspection Mr. Bruleytoldme that he would clean up the site. The sitehas
not
been cleaned up.
At that time Mr. Bruley also said that he would be using some ofthe demolition debris
both on-site and in a park.
At that time I told
Mr. Bruley that
any items he
wished to use as building
materials should be stored as such.
I suggested that they be stacked in one location and ifpossible tarped.
I also said that the most important thing was to actuallyuse them and not let them sit and become unusable.
Most ofthese materials have not been used as ofthe January 7, 2005, inspection.
Apparent violations are noted in the attached checklist.
cc:
DLPC/FOS-Springfield Region
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
_________________
Inspector:
S. Townsend
County: Macoupin
Time:
14:04 to 14:24
Date
of
Inspection:
January
7,2005
Site
Code:
1174105030
Site
Name:
Brulev
Photo File
1174105030-01072005
NORTH
Not To Scale
•Measurements Approximate
Direction of Photo ~
Bronaugh
St.
\
I
0~
Co
-~
(1)
002
Illinois
Environmental Protection
Agency
Bureau of Land
Division of
Land
Pollution Control
LPC #
1174105030— Macoupin
County
Virden/Bruley
FOS
File
DIG/TAt PHO TOGRAPHS
File
Names: 1174105030—01 072005-Exp.
#J.jpg
Date: jan.
7, 2005
Time:
13:10
Direction: S-SE
Photo by: S.
Townsend
Exposure #: 001
Comments:
Damaged mobile
homes, demolition
debris, metal, wood
and
other wastes.
Date: jan.
7,
2005
Time: 13:10
Direction: SE
Photo by: S. Townsend
Exposure #: 002
Comments:
Damaged mobile
homes, demolition
debris, metal, wood
and other wastes.
Page
1 of5
.~
Illinois Environmental
Protection Agency
•
Bureau of Land
Division of
Land
Pollution Control
LPC #
1174105030— Macoupin
County
•
Virden/Bruley
FOS File
Date: jan.
7, 2005
Time:
13:17
Direction: NW
Photo by: S.
Townsend
Exposure #: 003
Comments:
Damaged mobile
home, van,
bUrned
waste
(including burned
tires),
metal, wood and
other wastes.
Date:jan.
7,
2005
Time: 13:17
Direction:
N-NW
Photo by: S.
Townsend
Exposure #: 004
Comments:
Burned
wastes,
metal,
damaged
mobile home
and
other wastes.
DIG/TAI
PHOTOGR4PHS
File
Names: 1174105030—01072005-Exp.
#.jpg
Page 2 of
5
Illinois Environmental
Protection Agency
LPC #
1174105030— Macoupin County
Bureau of
Land
Virden/Bruley
Division of
Land
Pollution Control
FOS File
DIGITAL PHO TOGRAPHS
File Names: 1174105030—01072005-Exp.
#J.jpg
Date: jan.
7,
2005
Time: 13:18
Direction: N-NE
Photo by: S.
Townsend
Exposure #: 005
Comments:
Burned waste,
demolition debris,
metal, and other
wastes.
Date: jan.
7, 2005
Time:
13:18
Direction: NE
Photo by: S.
Townsend
Exposure #: 006
Comments:
Concrete,
metal, and
other wastes.
Page 3 of
5
~
~
—
_\~~
./
~
-~
I;
k~.
-,.—~
•~
lflinois Environmental
Protection
Agency
•
-
Bureau of
Land
Division of
Land
Pollution Control
‘~~‘
~
:,
~
‘~:
~
-
~
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—.~-
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LPC # 1174105030— Macoupin County
Virden/B ruley
FOS File
DIG/TAI PHOTOGRAPHS
File Names: 1174105030—01072005-Exp.
#.jpg
Date: Jan.
7, 2005
Time:
13:19
_________
Direction: E-SE
Photo by: S. Townsend
Exposure #: 007
Comments:
Burned waste
and
metal.
Date: jan.
7, 2005
Time:
13:21
Direction: SW
Photo by: S. Townsend
Exposure #:
008
Comments:
Equipment, metal,
trailer and
automobile
(note:
white
Ford
Taurus in
background
is
a State of Illinois
vehicle driven
to
site by
the
inspector).
Page 4 of
5
Illinois Environmental
Protection Agency
Bureau of
Land
Division of
Land
Pollution Control
LPC # 1174105030— Macoupin County
Virden/Bruley
FOS File
Date: Jan.
7, 2005
Time: 13:22
Direction:
S-SE
Photo by: S. Townsend
Exposure #:
009
Comments:
Shed,
equipment, parts
wood,
metal and old
garage
(being converted
to house according to
Mr.
Bruley)
Date: jan.
7,
2005
Time:
13:22
Direction:
SE
Photo by: S. Townsend
Exposure #: 010
Comments:
Vehicles, trailers and
metal.
DIG/TAI PHOTOGRAPHS
File Names: 1174105030—01072005-Exp.
#J.jpg
r
Page
5
of 5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
)
Illinois Environmental
)
Protection Agency
)
)
vs.
)
IEPA DOCKET NO.
Harold Bruley
)
)
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 ofLand Pollution Control ofthe Illinois
Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On January 7, 2005, between 2:04 PM and 2:24 PM, Affiant conducted an inspection ofa
disposal site operated without an Illinois Environmental Protection Agency permit, located in
Macoupin County, Illinois, and known as VirdenfBruley by the Illinois Environmental Protection
Agency.
Said site has been assigned site code number LPC# 1174105030 by the Illinois
Environmental Protection Agency.
3.
Affiant inspected said VirdenlBruley open dump site by an on-site inspection which included
walking and photographing the
site.
4.
As a result ofthe activities 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 representation ofAffianifs observations and factual conclusions with
respect to said Virden/Bruley open dump.
Subscribed and Sworn To before me
This4’7 day of~
~
4AJ~
~‘.
~
~
~
0FF!CL4~.SEAL
POWELL
---~JBuC
STATE C!~
~LLII~iOI$
-
?KpkI~
Marc~
15,
2008
PROOF OF SERVICE
-1 hereby certify that
I did
on the 9th
day of February 2005,
send by
Certified Mail, Return
Receipt Requested, with postage thereon fullyprepaid, by depositing in a United States Post Office
•Box a trueand correct copyofthe following instrument(s) entitled ADMINISTRATiVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
-
To:
Harold Bruley
850 West Jackson
Virden, Illinois
62690
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 prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
/~~nh1~
Ja~ies
M. Kropid
-
-
•
•
S
ecial 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
