ILLINOIS
ENVIRONMENTAL
PROTECTION AGEN~Y~)
~
CLERK’S OFACE
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601, 312-8j~J~0~
1
2O~4
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE CIPRIANO,
DIRECTOI~TATE
OF
ILUNOIS
Poflution Control Board
(217)782-9817
TDD: (217) 782-9143
June 29, 2004
The Honorable Dorothy Gurm, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v. Lester Smith
IEPA File No. 299-04-AC; 1278015002—Massac County
-
Dear Clerk Gunn:
Enclosed for filing with
the Illinois Pollution Control Board, please find the original
and nine
true and correct copies of the 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.
If you 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
—4500S.
Sixth
Street
Rd.,
Springfield,
IL 62706 —(217)
786-6892
•
COLLINSVILLE
—2009 MaIl
Street, Collinsville,
IL 62234 —(618) 346-5120
MARION
—2309 W. Main
St.,
Suite
116, Marion, IL 62959 —(618)
993-7200
PRINTED ON
RECYCLED
PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~~V’~D
CLi~RK’3OFFICE
ADMINISTRATIVE CITATION
JUL
111
2U~4
STATE
OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
PoIIuUon Control Board
PROTECTION AGENCY,
)
Complainant,
.
AC
)
v.
)
(JEPA No. 299-04-AC)
)
LESTER SMITH,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Lester Smith
3913 Upper Salem Road
-
Metropolis, Illinois
62960
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board of the State ofIllinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT,
and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
ichel
e 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:
June 29, 2004
THIS
FILING SUBMITfED
ON RECYCLED PAPER
E C E iV 1~’
D
CLERK’S OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARD
JUL
01
2OO~
ADMINISTRATIVE
CITATION
STATE
OF ILU NO
I3
Pohudon GonLrol
uoard
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
.
)
Complainant,
.
)
AC
V.
)
(IEPA
No. 299-04-AC)
LESTER SMITH,
)
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 Lester Smith (“Respondent”) is the present owner of a facility located at 3913
Upper Salem
Road
northwest of Metropolis, Massac County,
Illinois.
The property
is commonly
known to the Illinois Environmental Protection Agency as Metropolis/Smith,
L.
(Lester Smith).
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and
is designated
with Site Code
No.
1278015002.
3.
That Respondent has owned
said facility at all times pe~tinent
hereto.
4.
That
on
May 21,
2004,
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 and made a part hereof.
VIOLATIONS
Based
upon direct observations
made
by Kent Johnson
during the course of his
May 21,
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)(l)
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 July
30, 2004 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 issues a finding of violation as alleged
herein,
after an adjudicatory hearing,
Respondent shall be assessed the associated hearing: costsTi
wrred by the-Illinois Environmental
Protection Agency and
the Illinois Pollution Control Board.
Those hearihg costs shall be assessed
in
addition to
the One Thousand
Five
Hundred
Dollar ($1,500.00) statutory civil penalty for each
violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002),
if Respondentfails
to petition or elects 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
2
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 cost~,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.
~
1i~~t*~c~
Date:
______
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. 299-04-AC)
)
LESTER SMITH,
)
Respondent.
)
FACILITY:
Metropolis/Smith
L.
(Lester Smith)
SITE CODE NO.:
1278015002
COUNTY:
Massac
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
May 21, 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,
)
)
)
EPA
DOCKET NO.
v.
)
LESTER SMITH
)
)
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 May 21, 2004, between 12:55 P.M. and
1:03 P.M., Affiantconducted an inspection ofa disposal
site operated without an Agency permit, located in Massac County. Illinois, and known as the L.
Smith site by
the Illinois Environmental Protection Agency.
Said site has assigned site code number 1278015002.
3.
Affiant
inspected
said
L.
Smith
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 representation ofAffiants observations and
factual conclusions with respect to
said
L.
Smith site.
Subscribed and Sworn to before me
this
~2~’~day
of
~
,
2004.
G~1
Notary Publi
‘OFFICIAL SEAL’
LINDA
G.
KNIGHT
Notary
Public,
State
of Illinois
My Commission Expires:
7/15/2005
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
Open
Dump Inspection
Checklist
County:
Massac
LPC#:
1278015002
Region:
7
-
Marion
Location/Site Name:
Metropolis/Smith,
L.
Date:
05/21/2004
Time:
From
12:55
PM
To
1:03 PM
Previous Inspection Date:
01/05/2001
Inspector(s):
K.
Johnson,
S. Williams
Weather:
Hot,
sunny, mild-moderate wind, damp
soil
No. of Photos Taken:
#
4
Est. Amt. of Waste:
30
yds3
Samples Taken:
Yes #
No
~
—
Interviewed:
None;
inspection conduôted from off-site
Complaint #:
C-00-054-M
Lester & Nancy Smith
Responsible Party
3913 Upper Salem
Road
Mailing Address(es)
.
and
Phone
Metropolis,
IL 62960
JUN ~
Number(s):
~
2004
/FL),~
SECTION
DESCRIPTION
_VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW AIR POLLUTION
IN ILLINOIS
=
LI
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
LI
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
LI
4.
12(d)
CREATE A
WATER
POLLUTION
HAZARD
LI
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
LI
(2)
In Violation
of Any Regulations or Standards Adopted by the Board
LI
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
LI
8.
2l(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
LI
(3)
Open Burning
-
LI
(4)
Deposition of Waste
in Standing or Flowing
Waters
LI
(5)
Proliferation of Disease Vectors
LI
(6)
Standing or Flowing Liquid Discharge from the
Dump Site
LI
~.evised06/18/200
1
(Open Dump
-
1)
LPC#
1278015002
Inspection Date:
05/21/2004
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
LI
Demolifion
Debris
9.
55(a)
NO PERSON SHALL:
Cause or
Allow Open Dumping of Any Used
or
Waste Tire
LI
(1)
(2)
Cause or
Allow -Open Burning of Any Used or Waste Tire
—
J
LI
35
ILLINOIS ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLEG
10.
812.101(a)
FAILURE TO SUBMIT
AN APPLICATION
FOR A PERMIT TO
DEVELOP AND
OPERATE A LANDFILL
LI
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
LI
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LI)
PCB;
CASE NUMBER:
OR
(Lii)
CIRCUIT COURT
DER ENTERED
ON:
15.
OTHER:
L0~-
Si~tureof Inspector(s)
1.
Illinois
Environmental Protection Act: 415
ILCS
5/4.
2.
Illinois Pollution
Control
Board:
35
Ill. 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 ofsome 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.
Informational Notes
evised 06/18/2001
(Open Dump
-
2)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Bureau
ofLand
LPC
#
1278015002
—
Massac County
Metropolis/Smith, L. (Lester Smith)
May 21, 2004
Inspector Kent Johnson
FOS File
-
Open
Dump Inspection
Report Narrative
This site was inspected on May21, 2004 by this author and Sheila Williams representing the
Agency.
The inspection was conducted as a follow-up to a January 5,2001
inspection that revealed
ongoing concerns relating to open dumping.
The inspection took place from approximately
12:55
to
1:03 P.M., and four photos were taken during the inspection
(Photos
001 -004.
Weather during the
inspection was hot and sunny with mild to
moderate wind and damp soil conditions.
No
interviews
were conducted,
and no samples were taken during this inspection.
-
General Remarks/Inspection Findings
This site is located at 3913 Upper Salem Road northwest of Metropolis,
Illinois 62960.
Lester and
Nancy Smith apparently own and
live on the property with
mail being sent to the above
address.
Their phone number
is unlisted.
Ms. Williams
and I arrived at the site, making observations from
the cemetery to the west ofthe
site.
While itwas difficult to see due to
heavy vegetation, observations from a point nearthe northwest
corner ofthe property revealed at least 3 automobiles,
6 fifty-five gallon metal
drums, piles ofwood,
piles of metal, and other miscellaneous waste.
It
is noted that many ofthese
items were in
deteriorated condition, and the presence ofundisturbed
vegetation reveal no
systematic use of
materials near the north end of the site.
The contents ofthe
drums are unknown at this time.
Since
observations from off-site indicated ongoing concerns ofopen dumping, and heavy vegetation was
present throughout the
north end of the site,
I decided not to conduct an
on-site inspection
at this
time.
Summary
of Inspection Findings
Items on-site mayhave
salvage value, but have apparently remained on-site on the ground since at
least
1997.
It
is noted for reference that Mr. Smith has committed
on
two separate occasions to
cleaning up the site.
The first deadline was October
1998, with
the most recent being October 2001.
As such, the
following violations are still outstanding
and are again being cited at this time.
Violations ofsections 21(a), and 2l(p)(I)
are cited because waste including automobiles, metal,
wood, and at least 6 drums have been open dumped
resulting
in
litter at
this facility.
Page
1
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
SITE
SKE’1~CH
Inspection
Date:
~j
zo~i
InspeCtOr
~.
~0(.~vs.
-
County:
~
~
Site Name:
(
t~.
-
—
I
It
a
(7
..,-
I
/
~ab-(,
~
U
k~T
Site sketch
is not
to
scale.
—
-a--—
~:
~
~
lo~~*e.’
~dka4~
LPC
# 1278015002
—
Massac County
Metropolis/Smith,
Lester
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: 5/21/04
TIME:
1:01 PM
DIRECTION: Northeast
PHOTO by: K. Johnson
PHOTO FILE NAME:
1278O15002~—05212004-0O1
COMMENTS:
DATE: 5/21/04
TIME:
1:01 PM
DIRECTION:
East
PHOTO
by:
K. Johnson
PHOTO FILE
NAME:
1278015002—052 12004-002
COMMENTS:
LPC
#
1278015002
—
Massac County
Metropolis/Smith, Lester
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
5/21/04
TIME:
1:01 PM
DIRECTION: Northeast
PHOTO
by: K. Johnson
PHOTO
FILE NAME:
1278015002-05212004-003
COMMENTS:
DATE:
5/21/04
TIME:
1:01 PM
DIRECTION: Southeast
PHOTO
by: K. Johnson
PHOTO FILE
NAME:
1278015002—05212004-004
COMMENTS:
PROOF OF SERVICE
I hereby certify that I did on the 29th dayofJune 2004, sendby Certified Mail, Return Receipt
Requested,with postagethereon fully prepaid, by depositing in a UnitedStates PostOffice Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMiNISTRATIVE
CITATION,
AFFIDAVIT, and
OPEN DUMP INSPECTION CHECKLIST
To:
Lester Smith
3913 Upper Salem Road
Metropolis, Illinois
62960
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
3
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
