RECEIVED
CLERK~S
f~r~rr
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
JUN
2
2003
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
-)~
Complainant,
)
AC
o:~,
—‘)
)
V.
)
(IEPA No. 250-03-AC)
)
SHARYN
FULLER and CARL BENEDICT
)
dlbla
Benedict Auto Sales,
)
)
Respondents.
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 Sharyn Fuller is the present ownerand Carl Benedict is the operator(collectively
“Respondents”) of a facility located on the southwest side of the intersection of Pottstown Road and
Kickapoo
Creek
Road,
Kickapoo
Township,
Peoria
County,
Illinois.
The
property is commonly
known to
the Illinois Environmental Protection
Agency as Fuller, Sharyn.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and is designated with
Site Code No. 1438075011.
3.
That Respondents have owned and operated said facilfty~atafl:th~esp~rtinentheieto.
4.
That
on
March
31,
2003,
Gene
Figge
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.
I
VIOLATIONS
Based
upon direct observations made
by Gene
Figge during the course
of his March
31,
2003
inspection
of
the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined that
Respondents have violated the Illinois Environmental Protection Act (hereinafter,
the
“AcV’) 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
5/21(p)(1)
(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
One Thousand
Five
Hundred
Dollars
($1,500.00).
If
Respondents
elect
not
to
petition
the Illinois
Pollution
Control
Board,
the
statutory civil
penalty
specified above shall be due and payable no later than June
15, 2003, unless otherwise provided by
order of the Illinois
Pollution Control Board.
IfRespondents elect to contestthis Administrative Citation by petitioning the
Illinois Pollution
Control Board in accordance with
Section 31.1
of theAct, 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,
Respondents shall be assessed the associated hearingcosts incurred bythe 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 ,5Q0.00) statutory civil penalty for each
violation.
Pursuant to Section 31.1 (d)(1) of theAct, 415 ILCS 5/31.1 (d)(1) (2002), if Respondents fail
to petition orelect not to
petition the Illinois Pollution Control Board for review of this Administrative
2
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.
Ifany civil penalty and/or hearing costs are not paid within thetime~prescribed
byorderof the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or hearing
costs
shall
be assessed
against the 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).
IfRespondents elect to contest
this Administrative Citation, then
Respondents 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 Reviewshall 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:
51
~
J
03
Renee Cipriano,
Director
Illinois Environmental Protection Agency
Prepared by:
Michelle M.
Ryan, Assistant Counsel
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. 250-03-AC)
)
SHARYN
FULLER and
CARL BENEDICT
)
d/b/a Benedict Auto Sales,
)
)
Respondents.
)
FACILITY:
Fuller, Sharyn
SITE CODE
NO.:
1438075011
COUNTY:
Peoria
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
March
31, 2003
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
AFFIDAVIT
IN THE MATTER OF
Sharyn Fuller
Carl Benedict
)
IEPA DOCKET NO.
25O-O~-AC~
RESPONDENT
Affiant1
R. Eugene Figge, 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 March
31,
2003, between 9:30 a.m. and 9:50 a.m.,
Affiant conducted an inspection of the open dump in Peoria
County,
Illinois, known as Fuller,
Sharyn,
Illinois Environmental
Protection Agency Site No. 1438075011.
3.
Affiant inspected said Fuller,
Sharyn open dump 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 observations and factual conclusions with respect
to
said Fuller,
Sharyn open dump.
~~)FFICIAI.
SEA!,
Car!a
Dunbar
Notary
Public. State of Illinois
MyCommission Expires 8 27105
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open Dump Inspection Checklist
County:
Peoria
LPC#:
1438075011
Region:
3
-
Peoria
Location/Site Name:
Kickapoo Twp./FulIer, Sharyn
Date:
03/31/2003
Time:
From
9:30 am
To
9:50 am
Previous Inspection Date:
11/12/2002
Inspector(s):
A.
Eugene
Figge
Weather:
45 F
No. of
Photos Taken:
#
15
Est. Amt. of Waste:
100
yds3
Samples Taken:
Yes #
No
~
Interviewed:
No One On Site
Complaint #:
Sharyn Fuller
Benedict Auto Sales
~
Responsible Party
9624 West Maple Road
Attention: Carl Benedict
Ma~Ii~Address(es)
Mapleton, Illinois 61547
2500 West Farmington
Road’
~
~‘
2np1
Number(s):
West Peoria,
Illinois 616~4~,
309/637-0131
q,~
1:1
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW
AIR
POLLUTION IN ILLINOIS
EJ
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
EJ
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
D
4.
12(d)
CREATE A WATER POLLUTION HAZARD
L
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
7.
(2)
21(e)
In Violation
of Any Regulations or Standards Adopted by the Board
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
I
~
WASTE INTO THE STATE ATITO SITES NOT MEETING REOUIREMENTS OF ACT
I_____
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
(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
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1438075011
Inspection
Date:
03/31/2003
(7)
Deposition of General
Construction or Demolition Debris; or Clean Construction or
El
Demolition
Debris
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
El
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10.
81 2.101 (a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.1 21
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:;(D) PCB;
(0)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
,~~ture
of Inspector(s)
Informational Notes
1.
Illinois
Environmental
Protection Act: 415 ILCS 5/4.
2.
Illinois Pollution
Control Board: 35
II!. 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 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)
1438075011
~-
Peoria County
.RE CE
~
r’ ~
Fuller, Sharyn
J~,
~
March31, 2003
APP
07
2
R. Eugene Figge
flfl3
Page
1
.-
Pç~
NARRATIVE
On March 31, 2003, a reinspection was
conducted
from
9:30
a.m. until
9:50
a.m. at Fuller,
Sharyn by R. Eugene Figge
(this author) ofDLPC/FOS
-
Peoria. The used tire notification form
has not been submitted. The annual fee has not been paid. In a telephone conversation Carl
Benedict stated that he would remove the rest ofthe tires from the site by the end of March.
On the site it was observed that approximately 200
used tires remained. These tires were located
in an over grown areatoward the rear of the property as shown in photographs 9 through
13.
Some ofthe used tires had been moved to the front of the property for ease of access as shown in
photographs
1
through 4. There were also several accumulations of general refuse as shown in
photographs
5
and 6. Various old vehicles were also located around the property. The property is
located between Kickapoo Creek and the railroad tracks in Pottstown.
The following apparent violations were indicated on the inspection checklist:
Section 2 1(a) of the Act
-
cause or allow open dumping.
Section 21(d) of the Act
-
conduct any waste-storage, waste-treatment, or waste disposal
operation:
(1)
Without a permit.
(2)
In violation of any regulation or standards adopted by the Board.
Section
2 1(e) of the Act
-
dispose, treat, store, or abandon any waste, or transport any waste into
the state at/to sites not meeting requirements ofthe Act and Regulations.
Section 21(p) of the Act
-
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)
Liter.
Section
5
5(a)
of the Act
-
no person shall:
(1)
Cause or allow open dumping of any used or waste tire.
Section
8 12.101(a) of the Regulations
-
failure to submit an application fora permit to develop
and operate a landfill.
State of Illinois Environmental Protection Agency Site Sketch
Inspector:
Date ifInspection:
Site Name:
R.Eugene Figge
March 31, 2003
Fuller, Sharyn
LPC #:
County:
Time:
1438075011
Peoria
9:30 a.m.
—
9:50 a.m.
P8
P7~6
p9~
P\~
P15w
~J.I
P14
fN
PlO
Ti
P11p12
P13
.~
Not to Scale
DATE:
March 31, 2003
TIME:
9:36 a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
LOCATION:
1438075011
--
Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
1
FILE NAME:•
1438075011—03312003-001 .jpg
DATE:
March
31, 2003
TIME:
9:37 a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
LOCATION:
1438075011
--
PeoriaCounty
Fuller, Sharyn
COMMENTS:
Photograph taken
toward.the south.
PHOTOGRAPH
NUMBER:
2
FILE NAME:
143807501 1—03312003-002.jpg
SITE PHOTOGRAPHS
PAGE
1
DATE:
March
31,2003
TIME:
9:37 a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
LOCATION:
1438075011
--
Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
3
FILE NAME:
1438075011—033 12003-003.jpg
DATE:
March
31, 2003
TIME:
9:37 a.m.
PHOTOGRAPHED BY:
R,
Eugene Figge
LOCATION:
1438075011 --Peoria
County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
4
FILE NAME:
14380750 1 1—03312003-004.jpg
SITE PHOTOGRAPHS
PAGE 2
DATE:
March
31, 2003
TIME:
9:37 a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
LOCATION:
1438075011--PeoriaCounty
Fuller,
Sharyn
COMMENTS:
Photograph taken
toward the
south.
PHOTOGRAPH NUMBER:
5
FILE NAME:
1438075011—033 12003-005.jpg
DATE:
March
31, 2003
TIME:
9:37 a.m.
PHOTOGRAPHED BY:
R. EugeneFigge
LOCATION:
1438075011
--
Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
6.
FILE NAME:
143807501 1—03312003-006.jpg
SITE PHOTOGRAPHS
PAGE 3
DATE:
March
31, 2003
TIME:
9:38 a.m.
PHOTOGRAPHED
BY:
R.
EugeneFigge
LOCATION:
1438075011-- Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the
west.
PHOTOGRAPH NUMBER:
7
FILE NAME:
1438075011—033 12003-007.jpg
COMMENTS:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
8
FILE NAME:
143807501 1—03312003-008.jpg
SITE PHOTOGRAPHS
PAGE 4
DATE:
March
31, 2003
TIME:
9:38 a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
LOCATION:
1438075011 --Peoria County
Fuller, Sharyn
DATE:
March 31,2003
TIME:
9:38 a.m.
PHOTOGRAPHED BY:
R. EugeneFigge
LOCATION:
1438075011
--Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the
east.
PHOTOGRAPH
NUMBER:
9
FILE NAME:
1438075011—033 12003-009.jpg
DATE:
March 31, 2003
TIME:
9:38 a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
LOCATION:
1438075011
--Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
10
FILE NAME:
143807501 1—03312003-010.jpg
SITE PHOTOGRAPHS
PAGE
5
SITE PHOTOGRAPHS
PAGE 6
DATE:
March 31, 2003
TIME:
9:39
a.m.
PHOTOGRAPHED BY:
R. Eugene
Figge
LOCATION:
1438075011
--Peoria County
Fuller, Sharyn
COMMENTS:
Photograph
taken
toward the
north.
PHOTOGRAPH
NUMBER:
11
FILE NAME:
1438075011—03312003-01
1.jpg
DATE:
March 31, 2003
TIME:
9:39 a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
LOCATION:
1438075011
--
Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
12
FILE NAME:
143807501 1—03312003-012.jpg
DATE:
March 31, 2003
TIME:
9:40 a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
LOCATION:
1438075011
--
Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
13
FILE NAME:
143807501 1—03312003-013.jpg
DATE:
March
31, 2003
TIME:
9:40 a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
LOCATION:
1438075011
--
Peoria County
Fuller, Sharyn
COMMENTS:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
14
•
FILE NAME:
143807501 1—03312003-014.jpg
SITE PHOTOGRAPHS
PAGE 7
DATE:
March 31, 2003
TIME:
9:40
a.m.
PHOTOGRAPHED
BY:
R. EugeneFigge
LOCATION:
1438075011
--Peoria County
Fuller,
Sharyn
COMMENTS:
Photograph
taken
toward the south.
PHOTOGRAPH
NUMBER:
15
FILE NAME:
1438075011—03312003-015.jpg
SITE PHOTOGRAPHS
PAGE S
