Lisa Madigan

ATTORNEY

GENERAL

Via Federal

Express

The Honorable

Dorothy Gunn

Illinois

Pollution Control

Board

State of Illinois Center

100

West

Randolph

Chicago,

Illinois

60601

OFFICE

OF THE ATTORNEY GENERAL

STATE OF

ILLINOIS

June

12,

2003

C C R~

I

Vt t~

CLERg’~OFFICE

JUN

1 ~

7033

STATE OF ILLINOIS

Pc~!Iuu0~

Control Board

Re:

People v. Blue Ridge

Construction Corporation,

an Illinois carp.

PCB No. 02-115

Dear Clerk Gunn:

Enclosed

for

filing

please

find

the

original

and

five

copies

of

a

NOTICE

OF

FILING,

MOTION

FOR

PARTIAL

SUMMARY

JUDGMENT

and

MEMORANDUM

OF

LAW

AND

ARGUMENT

IN

SUPPORT

OF

COMPLAINANT’S

MOTION

FOR

PARTIAL

SUMMARY

JUDGMENT

in

regard

to

the above-captioned matter.

Please file

the original

and

return

a

file-

stamped

copy of the document to

our office in

the enclosed self-addressed,

stamped envelope.

D D H/pp

Thank

you

for

your cooperation

and consideration.

Delbert D.

H~’schemeyer

Environmental Bureau

500 South

Second

Street

Springfield, Illinois 62706

(217) 782-9031

Enclosures

300 South Second

Street, Springlield,

lIhuok

02706

•

(2(7) 782-1000

•

Y(’\~(2171 783-2771

—

Fax:

(2171

781-7040

00

West Randolph

Street,

Chicago, lllink~1,0001

•

(312) 814—301)0’Cl’Y:

312) 814.3374

•

Fax: (312)

814—3806

(10!

i’:asr

Main,

C:,rho,icfale.

llhnok

oJ’)(lI

•

(618)

529—6400

‘l”iY: (618)

320—6403

•

Fax: (618)

529—1,41!,

Ve~

e

---

BEFORE THE

ILLINOIS POLLUTION CONTROL

CLERK

S

OFFICE

PEOPLE OF THE

STATE OF ILLINOIS,

)

JUN

1

3

Complainant,

)

STATE OF ILLINOIS

Control Board

v.

.

)

PCBNO.0?~

~‘

BLUE RIDGE

CONSTRUCTION CORPORATION,)

an Illinois

corporation,

)

Respondent.

NOTICE

OF FILING

To:

William

R.

Kohlhase

Miller, Hall

&

Triggs

1125 Commerce

Bank Building

416

Main Street

Peoria,

IL 61602

PLEASE TAKE

NOTICE that on this date

I

mailed

for filing with

the Clerk of the Pollution

Control

Board

of

the

State

of

Illinois,

a

MOTION

FOR

PARTIAL

SUMMARY JUDGMENT

and

MEMORANDUM OF LAW AND ARUGMENT IN

SUPPORT OF COMPLAINANT’S MOTION FOR

PARTIAL SUMMARY JUDGMENT, copies of which are attached hereto and

herewith served

upon

you.

Respectfully submitted,

PEOPLE OF THE STATE

OF ILLINOIS

LISA MAD IGAN

Attorney General of the

State of Illinois

MATTHEW

J.

DUNN, Chief

Environmental Enforcement/Asbestos

Litigati

ivision

500

South

Second Street

BY

DELBEA

D. HASCHEMEY-E~’

Springfield,

Illinois 62706

Assistant Attorney General

217/782-9031

Environmental Bureau

Dated:

June

12, 2003

---

CERTIFICATE OF SERVICE

I

hereby certify that

I

did on

June

12, 2003: send

by First Class

Mail, with

postage thereon

fully prepaid,

by depositing

in a

United States

Post Office

Box a true

and

correct copy of the

following instrument entitled

NOTICE

OF

FILING,

MOTION

FOR

PARTIAL SUMMARY

JUDGMENT and

MEMORANDUM OF LAW AND

ARGUMENT

IN

SUPPORT OF

COMPLAINANTS MOTION

FOR PARTIAL SUMMARY JUDGMENT

To:

William

R.

Kohlhase

Miller, Hall

& Triggs

1125 Commerce

Bank Building

416

Main

Street

Peoria,

IL 61602

and the original and

ten copies

by Federal

Express

of the

same foregoing

instrument(s):

To:

Dorothy Gunn,

Clerk

Illinois Pollution

Control Board

State of Illinois

Center

Suite

1 1-500

100 West

Randolph

Chicago, Illinois 60601

A copy was also sent by

First Class

Mail with

postage thereon fully

prepaid

To:

Brad

Halloran

Hearing

Officer

Pollution

Control Board

James

R.

Thompson

Center,

Ste.

11-500

100 West

Randolph

Chicago,

IL 60601

DPlbe~rtD.Hasche~&~

Assistant Attorney General

This filing is submitted

on

recycled paper.

---

CLERK’S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN

1

3

2003

STATE

OF

ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS,

-

)

Pollution

Control Board

Complainant,

v.

)

PCB

NO. 02-115

)

BLUE RIDGE CONSTRUCTION CORPORATION,)

MOTION

FOR

PARTIAL SUMMARY JUDGMENT

NOW

COMES the Plaintiff,

PEOPLE OF THE STATE OF ILLINOIS,

by LISA MADIGAN,

Attorney General of the

State of Illinois,

and

pursuant to

Section

101.516

of the

Illinois

Pollution

Control Boards (“Board”) procedural rules, moves for a partial summaryjudgmentas to the alleged

violations

contained

in

the Complaint filed

herein

and respectfully requests the

Pollution

Control

Board

enter summary judgment

finding

Respondent has

violated

the

provisions

of

the

Illinois

Environmental

Protection

Act,

the

Pollution

Control

Board’s

Rules

and

Regulations

and

the

regulations for National Emission Standards for Hazardous Air Pollutants

(“NESHAP”), 40 C.F.R.

61,

Subpart

M,

et seq.,

as alleged

herein.

Plaintiff is not seeking

summary judgment

as

to

the

monetary

penalty

or other

relief sought

herein.

In

support

of

its

Motion

for

Partial

Summary

Judgment,

Plaintiff states

as follows:

FACT STIPULATION

Attached hereto and incorporated herein by reference is a Stipulation of Facts ‘Stipulation”

agreed to by

the parties which sets forth the facts and

the documentation which form the basis for

the instant lawsuit and which provide the basis for this Motion for Partial Summary Judgment.

The

stipulated facts relatedto this Motion for Partial Summary Judgment can be summarized as follows:

Respondent, Blue Ridge Construction Company, is an Illinois corporation

in good standing.

Respondent’s officers are David L.

Krubac, President; Randall J.

Palmer, Vice President; and John

1

---

0. Palmer, Sr.,

Secretary-Treasurer.

On April

13, 2000,

Mr.

Krubac,

Mr. Palmer and

Mr. Palmer,

Sr.,

acquired

the

Old

Bartonville

Mental

Health

Facility

located

in

Bartonville,

Illinois,

with

the

intention

of

converting

the

dining

hall

into

a

metal

fabrication

shop.

After

being

advised

by

Bartonville officials that permits were not necessary,

on

May

11,

2000,

Respondent commenced

demolition of the dining

hall.

Between

May 11,

2000, and

May 17,

2000,

Respondent opened

an

approximate 40-foot hole in the east wall, removed roofing material which had caved in,

removed

the rest

of

the

roof that

was

near

collapsing

and

cut off and

removed

steel

pipe

roof

support

columns

from

six

locations

within

the

dining

hall.

From

May

11,

2000,

to

May

17,

2000,

Respondent deposited

demolition debris from

its demolition

activities

in a

ravine

adjacent to the

facility.

On May 17,

2000, Dennis

Hancock,

in response

to a complaint, inspected the facility and

obtained seven samples of demolition materials, including insulation material from pipes within the

facility.

The analyses

for

four of the samples taken

showed

asbestos

Chrysotile concentration

ranged from 20

to 40

and asbestos amosite

in concentrations ranging from 10

to 30.

Prior

to

commencing

demolition

of

the

dining

hall,

Respondent

did

not

inspect

the

facility

for

the

presence

of asbestos, or submit a written notification

of its intention

to demolish

the facility.

COUNT

AIR POLLUTION

VIOLATION

1.

In

Count

I,

paragraph

8 of

the

Complaint,

Complainant

alleges

that

during

the

demolition of the dining hall at the Old Bartonville Mental Health Facility, Respondentfailed to utilize

asbestos

emission

control

methods

and

properly

remove,

handle

and

dispose of

all

RACM

and

regulated asbestos-containing waste material during the demolition activities causing, threatening

or allowing the emission of asbestos into the environment so as to cause

air pollution

in violation

of 35

III.

Adm.

Code 201.141

and Section

9(a) of the Illinois Environmental Protection Act (“Act”).

2.

Paragraphs

6,

10,

11

and

13 of the Stipulation establish as

fact that Respondent

2

---

conducted demolition activities

at the site and during the time of demolition from May 11, 2000 to

May 17, 2000,

Respondent did

not utilize asbestos emission

control methods or properly remove,

handle and dispose of regulated asbestos-containing materials and did not wet or maintain as wet,

regulated ACM.

3.

Paragraphs

15,

16 and

17,

Exhibits A (Dennis

Hancock’s

inspection memo for his

May 17,

2000,

inspection,

Exhibit

B (14

photos

taken

by Dennis

Hancock

on

May

17, 2000)

and

Exhibit

C (analysis

of samples taken

from the facility for the

presence of asbestos)

establish

the

presence of

materials containing asbestos

in

addition

to

other demolition dust and

debris which

could become airborne,

thereby presenting a threat of air pollution,

in

violation of Section 9(a) of

the Act.

WHEREFORE, for the reason the uncontested material facts as set forth in the Stipulation

establish, Respondent from May 11, 2000 to May

17, 2000, conducted demolition activities

at the

dining hall of the Old Bartonville Mental

Health Center

in such a manner as to threaten the release

of

asbestos

fibers

and

other

dust

in

such

a

manner

as

to

cause

air

pollution,

Complainant

respectfully requests

that the Board issue a summary judgment finding that Respondent violated

Section

9(a) of the Act as alleged

in Count

I,

paragraph

8 of the Complaint filed

herein.

NESHAP VIOLATIONS

4.

In

Count

II,

paragraphs

9

and

10

of

the

Complaint,

Complainant

alleges

that

Respondent,

prior to commencing demolition:

9.

.

.

.

failed

to

thoroughly inspect the facility for the presence

of asbestos

in violation of 40

C.F.R.

61.145(a) and

Section

9.1

of the Act;

10.

.

.

.

failed

to

submit

a

written

notification

of

intention

of

demolition of the former dining

hall

in

violation

of 40

C.F.R. 61.145(b)(1);

and

Section

9.1

of the Act;

5.

Paragraph

7 of the Stipulation provides:

Prior

to

commencing

demolition

of

the

dining

hall

at

the

facility,

3

---

Respondent

did

not

inspect

the

facility

for

the

presence

of

asbestos,

including

categories

I

and

II,

non-friendly,

asbestos-containing

material

(ACM) as defined

by 40

C.F.R.,

Section 61.141.

6.

Paragraph

8 of the Stipulation

provides:

Prior

to

commencing

demolition of the

dining

hall

at

the

facility,

Respondent did not submit a written notification tothe Illinois Environmental

Protection Agency (“Illinois EPA”) of its

intention to demolish the dining hall

at the facility.

WHEREFORE, the uncontested material facts as

set forth in the Stipulation establish that

Respondent failed

to

thoroughly

inspect

the facility for

the presence

of

asbestos

and

failed

to

submit

a

written

notification

of

intention

of

demolition

of

the

former

dining

hall.

Complainant

respectfully requests

the Board

issue

a summary judgment finding

the Respondent violated

40

C.F.R. 61.145(a), 40 C.F.R.

61 .145(b)(1) and Section 9.1(d)

of the Act

as

alleged

in paragraphs

9 and

10 of the Complaint filed

herein.

COUNT

Ill

VIOLATIONS

7.

In

Count

III,

paragraph

6 of the

Complaint,

Complainant alleges

that

Respondent

caused or allowed the open

dumping of demolition debris generated by

the demolition activities

within

the former dining

hall,

including

but not limited

to,

wooden

desks,

pipe,

metal

and

other

debris

in

or near a ravine on property owned by the Respondent in violation of Section 21(a),

(e),

(p)(1)

and

(p)(7) of the Act.

8.

The Stipulation of Facts in

paragraph

13

provides

in relevant

part:

During the course

of the renovation of the

Dining

Hall,

Respondent

dumped

splintered

boards,

metal

wiring,

insulation

and

other

demolition

debris from the collapsed roof and brick and mortar from the east wall in or

near a ravine on the Property.

9.

Paragraph

18

of the Stipulation

incorporating

Exhibit 9 which

contains

Mr. Jones’

observations

of

the site

on

May

17,

2000,

paragraph

19

incorporating

Exhibit

E

containing

15

4

---

photographs

of the

site

taken

on

May

17,

2000,

paragraph

23

incorporating

Exhibit

H

which

contains Mr. Jones’

observations on October

19, 2000,

and paragraph

24 incorporating Exhibit

1

containing

24

photographs

of the

site taken

on October

19,

2000,

all

support the

allegations

in

paragraph 6 of Count

UI.

WHEREFORE, for the reason the uncontested material facts

as set forth

in the Stipulation

establish

Respondent from

May

11,

2000,

through May

17,

2000,

during

the

renovation

of the

dining

hall,

dumped splintered

boards,

metal wiring,

insulation, other demolition

debris from

the

collapsed

roof,

and

brick

and

mortar

from

the

east

wall

in

or

near

a

ravine

on

the

property.

Complainant

respectfully

requests

the

Board

issue

a

summary

judgment

finding

Respondent

violated Sections 21(a),

(e),

(p)(1) and (p)(7) of the Act as alleged

in

the

Complaint filed herein.

COUNT

IV

10.

In Count

IV of the

Complaint,

paragraph 6, Complainant alleges that Respondent

caused or allowed

the open dumping of demolition debris generated

by Respondent’s

demolition

activities within and adjacent to

a

ravine owned by Respondent so as to create a

water pollution

hazard

in violation

of Section

12(d) of the Act.

11.

As noted earlier, paragraph 13 of the

Stipulation of Facts provides

in relevant part:

Respondent dumped splintered boards, metal wiring, insulation and

other demolition debris.

.

.

in or near

a ravine

on

the property.

12.

Paragraph

14 of the

Stipulation of Facts provides in

relevant part:

Located

at

the

bottom

of

the

aforesaid

ravine

is

an

intermittent

stream.

13.

Paragraph

18

of the

Stipulation

of

Facts provides

that on

May

17,

2000,

IEPA

inspector,

James Jones,

inspected Respondent’s

facility.

Mr. Jones’ observations are described

in his inspection memo, Exhibit 0.

Mr. Jones in the narrative portion of his inspection memo states:

The open dumped

demolition waste extended down into the ravine

where

a

small stream

traversed

across

the

property.

This

is significant

5

---

because it began

to rain during the investigation and the potential for water

pollution

to

occur

was

increased,

in

that,

the

rain

could

have

washed

asbestos fiber down

the ravine into the stream.

14.

Paragraph

18

of the Stipulation incorporating

Exhibit 9 which contains

Mr. Jones’

observations

of

the site

on

May

17,

2000,

paragraph

19

incorporating

Exhibit

E

containing

15

photographs of

the

site

taken

on

May

17,

2000,

paragraph

23

incorporating

Exhibit

H

which

contains

Mr.

Jones

observations

on October

19, 2000,

and

paragraph 24

incorporating Exhibit

I

containing 24 photographs

of the site taken

on

October

19,

2000,

aD

support the allegations

in

paragraph 6 of Count IV.

WHEREFORE, for the reason the uncontested material facts as set forth in the Stipulation

filed herein

establish that during the demolition of the facility from May

11, 2000,

to May 17, 2000,

Respondent placed

demolition waste

in or near a ravine located

adjacent to

the facility so as

to

create

a water pollution hazard

in violation

hazard, Complainant respectfully requests the

Board

issue a summary judgment finding Respondent violated Section 12(d) of the Act as alleged in the

Complaint filed

herein.

6

---

CONCLUSION

For

the

reasons

stated

herein,

Complainant

respectfully

requests

the

Board

issue

a

Summary Judgment finding the Respondent has violated the Act and the regulations as requested

by the Complainant and

as established by the Stipulation.

Respectfully submitted,

PEOPLE OF THE STATE

OF ILLINOIS

LISA MADIGAN

Attorney General of the

State of Illinois

MATTE-JEW J.

DUNN, Chief

Environmental

Enforcement/Asbestos

Litigati

n

isio

BY:

DELBER

.

ASCHEMEY

Assistant Attorney General

Environmental Bureau

500 South

Second Street

Springfield,

Illinois

62706

217/782-9031

Dated:

June

12, 2003

7

---

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE

OF ILLINOIS,

)

Complainant,

)

v.

)

PCB

NO. 02-115

(Enforcement)

BLUE RIDGE CONSTRUCTION CORPORATION,)

an

Illinois corporation,

)

STIPULATION

OF FACTS

Now comes the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,

Attorney

General

of

the

State

of

Illinois,

and

Respondent,

BLUE

RIDGE

CONSTRUCTION

CORPORATION, by William

R.

Kohlhase,

counsel, and

stipulates

to the following facts~

1.

Respondent,

Blue

Ridge

Construction

Corporation

is

an

Illinois

corporation,

registered with the Illinois Secretary of State in good standing.

The officers of the corporation are

David L. Krubac, President, RandallJ. Palmer, Vice President, and John G. Palmer, Sr., Secretary-

Treasurer.

2.

On or about April

13, 2000,

David Krubac,

Randall J.

Palmer and John G.

Palmer,

Sr.,

acquired certain

real

property

known

as

the old

Bartonville

Mental

Health

facility (‘facility”)

located

in

Bartonville,

Illinois

including a

building

known as the

Dining

Hall (‘Dining Hall”).

The

owners intended

to

convert the

Dining Hall

into a metal

fabrication shop.

3.

Sometime

prior to April

13,

2000,

part of the roof of the

Dining

Hall

had collapsed

leaving the outer walls

standing.

4.

On or about April

19,2000, the Owners went to the Village of Bartonville offices and

consulted with Village officials concerning the need for permits for the work which they planned to

do at the Property.

The Owners were advised by the Mayor, the Building Commissioner,

and the

Village Clerk that no

permits were required.

1

---

5.

On

May

11,

2000,

Respondent commenced

demolition

of the

Dining

Hall for the

purpose of converting

it to a metal fabrication shop.

Respondent planned to open up the east end

of the

Dining

Hall

and

remove

the partially collapsed roof.

Respondent planned

to

put

up

steel

columns and a metal roof within the existing walls of the Dining Hall and install overhead doors on

the east

end of the building.

6.

From May11,2000 to May 17,2000, Respondent’s workers opened an approximate

40 foot

hole

in

the

east wall,

removed

the

roofing material

that

had

caved

in,

pulled

down

and

removed

the

rest

of the

roof that was

near coflapsing

and

cut off and

removed

stee

pipe

roof

support columns from four to six locations within the dining hall.

7.

Prior to commencing demolition of the dining hail at the facility, Respondent did not

inspect

the

facility

for

the

presence

of

asbestos,

including

categories

I

and

II,

non-friendly,

asbestos-containing material

(ACM) as defined

by4O

C.F.R.,

Section

61.141.

8.

Prior to commencing demolition of the dining hail at the facility, Respondent did not

submit a

written

notification to

the Illinois

Environmental

Protection Agency (“Illinois

EPA”)

of its

intention to demolish the dining

hall at the facility.

9.

Prior to commencing demolition of the dining hail at the facility, Respondentdid not

remove any regulated ACM.

10.

During the demolition of the former dining

hail at the facility up to May 17, 2000, the

date of an inspection by

Dennis Hancock, an

IEPA inspector, Respondent did not utilize asbestos

emission

control

methods

and

properly

remove,

handle

and

dispose

of

regulated

asbestos-

containing material.

11.

During the demolition of the dining hail at the facility up to May

17, 2000,

the date

of an

inspection

by Dennis

Hancock, an

IEPA

inspector, Respondent

did

not wet, or maintain as

wet,

regulated

ACM.

2

---

12.

During

the demolition of the dining

hall at

the facility up to

May 17,

2000,

the date

of

an

inspection

by

Dennis

Hancock,

an

IEPA

inspector,

Respondent

did

not have

on

site

any

representative

trained

in

the provisions

of

the National

Emission

Standards for

Hazardous

Air

Pollutants

(NESPAP) for

asbestos.

13.

During

the

course

of

the

renovation

of

the

Dining

Hall,

Respondent

dumped

splintered

boards, metal wiring, insulation

and other demolition debris from the collapsed roof and

brick

and

mortar from

the east wall

in

or near a

ravine

on

the property.

Prior to

Respondent’s

dumping

of those

rnater~aisand

prior

to the owners

acquiring the properly, others

had

dumped

waste in the same area of the property.

14.

Located

at the bottom of the aforesaid

ravine is an

intermittent stream (i.e.

storm

water runoff flows down the gully at the bottom of the

ravine,

but otherwise is dry).

15.

On May 17,2000, Illinois EPA inspector, Dennis Hancock, conducted an inspection

of

Respondent’s

demolition

of the

dining

hall

at

the facility.

Mr.

Hancock’s

observations

and

a

summary of his conversation with those present are all described in his inspection memo attached

hereto as

Exhibit A.

16.

On

May

17,

2000,

Illinois

EPA

inspector,

Dennis

Hancock,

during

his

inspection,

took 14 photographs.

Those photographs which accurately portray the scene as observed by Mr.

Hancock

at the time of the taking

of the photographs are attached as

Group Exhibit B.

17.

During the course of his inspection of Respondent’s facility on May 17,2000,

Dennis

Hancock obtained seven

samples for analyses of asbestos

content.

Exhibit

C attached hereto

is

the report from the laboratory, Enviroheaith Technologies, Inc., reporting the results of the analyses

for asbestos for the samples obtained

by

Dennis

Hancock on

May

17,

2000,

from

Respondent’s

facility.

18.

On

May 17,

2000,

Illinois EPA

inspector,

James

Jones, from the Bureau

of

Land

Pollution

Control,

inspected

Respondent’s

facility.

Mr.

Jones’

activities,

observations

and

a

3

---

summary

of

his

conversations

with

those

present

are

all

as described

in

his

inspection

memo

attached

hereto as

Exhibit 0.

19.

On May

17, 2000,

Illinois

EPA inspector, James Jones, during

his inspection, took

15

photographs.

Those

photographs,

which accurately portray the scene

as observed

by

Mr.

Jones

at the time of the taking

of the photographs, are

attached as

Group Exhibit

E.

20.

On

June 22, 2000, the Illinois EPA sent to Mr. John Palmer a violation notice which

identified those violations of the Illinois Environmental Protection Act, the Code of Federal Register,

and

state

regulations

wrãch

the Agency alleged

had

been

violat&d by Respondent,

Blue Ridge

Construction Corporation,

attached hereto as

Exhibit

F.

21.

On

August

2,

2000,

Mr.

John

Palmer

on

behalf

of

Respondent,

Blue

Ridge

Construction

Corporation,

responded

to

the Agency’s violation

notice

(Exhibit

F)

setting

forth

a

history of Respondent’s activities both before and after Mr. Hancock’s visit of May 17,2000.

A true

and

correct copy of that letter

is attached as

Exhibit G.

22.

Attached

to Mr. Palmer’s letter of August 2,

2000, was a copy of a letter from Clark

Engineers,

dated

July 27, 2000,

setting forth

a brief description of their inspection

results and

a

remediation

plan (part of Exhibit G).

23.

On October 19,2000, Illinois EPA inspector, James Jones, inspected Respondent’s

facility.

A summary of Mr. Jones’ observations are described

in

his inspection memo attached as

Exhibit

P1

24.

On October 19,

2000,

Illinois

EPA inspector,

James

Jones, took

24 photographs.

Those photographs which accurately portray the scene as observed by Mr. Jones at the time of the

taking of the photographs are

attached as

Group

Exhibit

I.

25.

On September 7, October 10, and December 19, 2000, Clark Engineers submitted

a revised

plan for the asbestos abatement activities

at the facility.

A true and

correct copy of

the

cover letters for those submittals are attached as

Exhibit

J.

4

---

26.

On March 27, 2001,

Illinois

EPA inspector, James Jones,

inspected

Respondent’s

facility.

A summary of

Mr.

Jones’ observations are described

in

his

inspection

report (Exhibit K).

27.

On

or

about

April

16,

2001,

Respondent,

in

compliance

with

all

applicable

requirements, commenced asbestos removal and removal of the waste in the ravine.

The asbestos

and waste removal was accomplished

on April

19, 2001.

28.

Commencing on May 19, 2000, Dan Borries, an employee of the Respondent,

kept

a log of activities Respondent engaged in addressing the situation with the asbestos at the facility.

A true and

correct copy of that tog

is attached as

Exhibit

L.

29.

Respondent expended a total of $59,965.67 to remove the asbestos from thefacility

and the waste

in the ravine

as follows $10,265.31

to Clark Engineers,

$14,220.00 to

N.

E.

Finch,

$15,446.36 to Sentry Asbestos, $1,055.00 to Bodine Environmental, and

$18,979.00 to Tazewell

County

Landfill, a true and correct copy of the invoices for the aforesaid amounts are attached as

Group

Exhibit

M.

30.

The Village of Bartonville reimbursed the Respondent for the expenses associated

with the cleanup

except

for the expenses

directly related

to the asbestos on

the pipes for a total

reimbursement of $56,000.00.

A true and correct copy of the minutes of the Village of Bartonville

of Trustees’ meeting of April 11,2002 at which the Village approved that reimbursement is attached

as

Exhibit

N.

PEOPLE

OF THE

STATE OF

ILLINOlS,

BLUE

RIDGE

CONSTRUCTION CORP.

cx

reL

LISA MADIGAN,

Attorney General

State of Illinois

BY:

Q4ç~

By:_______

LBER1’

.

HASCHEMEYE

WILL’IAM

R.

KOI-ILHASE

Assistant Attorney General

Miller, Hall

& Triggs

Its Attorneys

5

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

5415

NoRni

UF~vERSIn

STREET,

PEORIA,

It.LINOIS

6161

4

THOMAS

V.

SKINNER,

DIRECTOR

I.D.#

179.ASB

Old Bartonville Mental Health

Complaint Inspection

Asbestos Inspection Memorandum

May

19, 2000

Date ofInspection:

May 17,

2000

Dale Halford

Last Inspection Date:

Dennis Hancock

Reg/Dist: II/ASB

Facility:

Old Bartonville Mental Health (old dinning hail)

Bartonville,

Illinois 61607

Owner:

John Palmer

Blue Ridge

Construction

4004 Becker Drive

Bartonville, Illinois

61607

Contact:

John Palmer

Telephone:

309-633-0051

Purpose of Inspection:

309-633-9550

To

follow up on a complaint that was called into the Peoria Regional

Office and

relayed to

me in the LaSalle Office.

The complaint stated that there was

a company

doing demolition at the Old Bartonville Mental Health Facility arid causing a lot of dust.

Find ing~j

On Wednesday, May

17,

2000,1 arrived at the Old Bartonville

Mental Health

Facility

in the Industrial Park of the Village ofBartonville.

When I arrived, I did

not

notice any

work being done

in the immediate area.

The work site was

on the backside of

the complex.

I went to

a

building that looked like the south portion

had been

demolished.

Two

men in the north section ofthe demolished area were

cutting up

a

Date:

From:

None

section of pipe that was lying on the ground with cutting torches and paper respirators.

I

---

I.Dfi

1 79.ASB

Old

Bartonville Mental Health

Complaint Inspection

Page

2

took a picture ofthis

and then went over to the area to talk to these two

men.

I asked if

the owner ofthe property was there.

One gentleman told me no, but he would get him for

me.

The other gentleman had, by this time, put up the torch and taken off the paper

respirator.

The owner ofthe property arrived, and I introduced myself to

him and presented

identification.

The owner introduced himself as Mr. John Palmer.

I asked Mr. Palmer if

he had filed

a notification in with the

State EPA Office

in

Springfield for the demolition

ofthe building.

He stated no.

I then asked Mr. Palmer if he

had an asbestos inspection

done

on this

building before

the demolition

took place.

He stated no

to this

also.

I explained to

Mr. Palmer a survey for asbestos needs

to be

done and

a

10

working day notification needs, to be

sent into the IEPA in

Springfield before a

demolition or renovation project takes place.

I gave Mr. Palmer the notification form

with a copy of the rules and

regulations so

he would

be able to see what

I was talking

about.

I asked Mr. Palmer if he needed a permit from the Village to

do this demolition.

He stated that he went down to their office, and they told him that he did

not need

anything.

Mr. Palmer stated that he bought this building from the Village ofBartonville.

I asked Mr. Palmer if he would

voluntarily stop this project until I could get some

samples of suspicious material that I saw and get the results ofthese.

Mr. Palmer stated

that he

would volunteer to

stop this project.

I explained to Mr. Palmerthat if the results

came back for asbestos that he would have to

hire a licensed asbestos project designer to

conduct an inspection

to determine the extent of contamination.

I asked Mr. Palmer where the demolition debris was,

and he stated that it was

pushed over the ravine

in the back area of the property.

I explained to

Mr. Palmer that I

needed

to call Springfield

and advise them of what I have seen.

I contacted Dale Halford

and explained the situation to

him, and he tried to

get a hold ofDennis Brown.

I gave

Mr. Palmer a telephone number to contact Dale Halford if he had

any

other questions.

I

explained to Mr. Palmer that I needed to

get samples and photographs for my

inspection,

and he

stated that this was okay and

he left the site.

I donned a protective suit and

a PAPR and entered the demolition area.

The first

sample

(DHOO

1 -BMH) was taken from the pipe that

was lying on the ground where the

two

men were working on.

The material

on the pipe was powdery and white

in

color.

It

appeared to be dry.

The second sample

(DHOO2-BIvfH) was taken from the pipe that was lying

on the

north section ofthe demolition area and to the left of the first pipe section.

This material

was identical to the material on the first sample.

---

I.D.#

I 79.ASB

Old

Bartonville Mental Health

Complaint Inspection

Page

3

The third sample

(0H003-BM1)

was taken from the white colored material lying

on the ground in front ofthe entrance

to the second building not demolished yet.

This

material appeared dry and crumbled into smaller pieces.

The fourth sample

(DHOO4-BMH) was taken from inside ofthe second building.

The material is

from a broken pipe extending from

a wall.

The area that appeared

to be a

storage room was

in the northwest section of the building.

The fifth sample

(DHOO5-BMI-l) was taken from the middle ofthe second

building that had not been demolished yet.

This

material

was brownish

in color and

appeared to

be

a type of mineral

wool insulation.

The sixth sample

(DHOO6-BMH) was taken from the center ofthe demolition

area.

This material was red in color and

appeared to be

a terrazzo-type tile and concrete.

The seventh sample

(DHOO7-BMH) was taken from a pipe that appeared to

be

broken located

on the west wall of the demolished building.

This material

was brown in

color and

looked like

cardboard.

Pictures

were taken of all of these areas as well as other items that represented

what was

still

in the building.

After taking these samples, I doffed the PAPR and

protective suits and secured the sample bags.

Inside ofthe building that was still standing, there were several areas of the

ceiling that had either fallen down or had been pulled

down.

Pictures of these areas were

also

taken.

Other areas inside ofthis section of the building

contained pipe with

insulation hanging down towards the floor areas.

In the center ofthis

section, there

appeared to

be

a large amount of insulation material

lying on the floor.

Sample number

DHOO5-BMH was taken at this location.

In the far north section ofthis

building, there were

several areas that contained

pipe with white insulation

as well as white material

on the elbow joints.

I was unable to

take samples of these

areas due to their location.

They were approximately

12

to

15 feet

high, and I did not have access to a ladder.

The material that was dumped

into the ravine area appeared to

be the same

material that had

come from the demolition ofthe building, and

Mr. Palmer stated that

this

was where he put all the demolition debris.

Land Pollution with the EPA in Peoria

was notified, and they arrived at approximately

12

noon..

Mr. James

Jones, of the Bureau of Land in the Peoria Regional

Office, was told

that Mr. Palmer stated that the material was dumped

over the ravine.

Mr.

Jones then

inspected

this area and took pictures.

No samples of the debris in the ravine were taken

at this time

due to the rainy weather and the pile

appeared to

be

very unstable.

---

I.D.#

179.ASB

Old Bartonville Mental Health

Complaint Inspection

Page

4

I left the site to

return to the LaSalle Regional Office

to

send the samples offto

the

lab to be read.

A one-day turn around was requested.

On May

19, 2000, the results of the samples were received by this

office.

The results

are stated below,

and a copy ofthe results are attached:

1)

DHOO1-BMH-—-20-30

asbestos-Chrysotile

off white

in color

I0-20

asbestos-Amosite

2)

DH002-BMH---20-30

asbestos-Chrysotile

white in

color

20-3

0

asbestos-Amosite

3)

DHOO3-BMH---30-40

asbestos-Chrysotile

white

in color

I0-20

asbestos-Amosite

4)

DHOO4-BMH---20-30

asbestos-Chrysotile

white in color

20-3

0

asbestos-Arnosite

5)

DHOO5-BMH---Trace asbestos-Chrysotile

brown in

color

6)

DHOO6-BMH---No asbestos detected

red

in color

7)

DHOO7-BMH---5-lO

asbestos-Chrysotile

brown in color

Attachments:

Photographs

Sample results

Violations

Recommendations

cc:

Dale Halford,

Original

Dennis Brown,

Copy

Casin, Violations

Only

---

1.D.# 179.ASB

Old Bartonville

Mental Health

Complaint Inspection

Page

5

ASBESTOS

VIOLATIONS

Section

9(a) ofthe Act and 35111.

Adm.

Code

201.141:

Blue Ridge Construction

caused

the release of

asbestos

into

the environment during demolition so as to cause

or tend

to cause

air pollution.

40 CFR 61.145(a):

BlueRidge Consm~ction

failed to conduct

a thorough

inspection of the

old Bartonville

Mental Health Facility

dinning hail

for the presence and location

of asbestos-containing material prior to

demolition activities.

40

CFR

6 .145(b):

Blue Ridge Construction failed to provide the State of Illinois

with a properly

completed notice of demolition

and renovation at least ten

(10) working days before commencing any

such

activities

at

the

Old

Bartonville

Mental

Health Facility dinning hall.

40

CFR 61. 145(c)(l):

Blue Ridge failed to renioveall RACM prior to any activity

that

would break

up

or

dislodge

any of the RACM

at

the

Old

Bartonville

Mental Health Facility dinning hall.

40

CFR 61.145(c)(2)(i)(ii):

Blue Ridge Construction failed to adequately wet

all

RACM and prevent

damage

or disturbance

to the RACM

exposed during

cutting or disjoining

operations at the

Old Bartonville

Mental Health Facility dinning hall.

40

CFR

61.

l45(c)(6):

Blue Ridge failed to adequately wet and maintain wet all

RACM and regulated

asbestos-containing waste material generated until collected and contained in preparation for disposal.

40

CFR 61.1 50(a)(1)(iii)(iv)(v):

Blue Ridge failed to wet, containerize, and label

all

asbestos-containing

waste material.

40

CFR 61.150(b):

Blue Ridge failed to deposit,

as soon as practicable, all

asbestos-containing waste

material generated during

demolition activities within

a site permitted to accept such waste.

RECOMMENDATIONS

Prior

to future demoLition and renovation activities:

•

Submit to the

Illinois EPA

a properly completed written notice of demolition

and renovation at

least ten

(10) working days

prior to the

demolition

or renovation of the

facility.

•

Ensure that each facility

is inspected for asbestos-containing material.

If the facility

is found to

have asbestos-containing material, comply

with

all

the requirements of the NESHAP regulations.

•

Retain

an asbestos abatement projectdesigner, licensed by the

Illinois Department of Public

Health (“IDPH”), to design

and submit

to the Illinois

EPA for review

and acceptance, within

10

working days,

a project design

specification

setting forth the

following:

1)

Methods

and

procedures to

be utilized

to determine the

presence of asbestos..

2)

Work practices and

procedures to

be utilized

to properly handle,

remove, and

dispose of

all

asbestos-containing waste

material

and

asbestos contamination

found within

the

site being

demolished,

on

any

equipment which

has been used to conduct demolition

activities

at those

sites,

and

on

adjacent properties.

---

L.D.# 179.ASB

Old Bartonville Mental Health

Complaint Inspection

Page

6

•

Within

10

days

from

the

date ofacceptance by the Illinois

EPA of the project

design specification,

retain an asbestos abatement

conb-actor licensed by

IDPH to remove

all

asbestos-containing waste

material and asbestos contamination in accordance with the project design

specification.

•

Implement measures to adequately wet

and keep wet all

asbestos-containing waste material and

asbestos contamination, post signs warning

ofthe presence ofasbestos, consfruct barriers to

prevent public access to the

site mentioned above,

and

lock

and do not use any piece of equipment

which has been used to conduct demolition activities at that

site, until analytical test data indicates

asbestos is

not

present or acceptable levels of asbestos exist

at or on

each location or item.

•

Within

10

days

of receipt

of this Violation Notice,

provide tothe

Illinois

EPA a written

statement

containing

detailed summary of all

the

asbestos removal and demolition activities

performed

at

the

site including the

identity of each

worker

utilized to conduct such

activities,

the

locations of all

the

asbestos-containing waste material

and asbestos contamination, and

the

equipment utilized

to

remove, handle,

and dispose

of all

such material.

•

Provide

a

written statement ensuring

all

demolition

and renovation activities

will be performed,

in

the

future,

in compliance

with the

National Emission

Standards for Hazardous Air

Pollutants, 40

CFR

61,

Subpart M —National

Emission Standards for Asbestos.

---

2ol1~:205—653

Framd:

11

Date:

05/17/00

Time:

11:30 am

tot:

179 asb

Photo By: OHancock

Facility:

Old Dinning Hall

laid Bartonyille Mental R~alth)

kddress:

Eartonville, Illinois

61607

DIrection

of View: Rorthwest

Subject: View showing worken cutting length of pipe

Camera:

Minolta Vectis Weathermatic Zoom

---

Date:

05/17/00

Time:

11:30

am

IO~:179

asb

Photo By:

O,Rancock

Facility:

Old

Dinning Hall

(Old Bartonville Mental Health)

Address:

Bartonviule,

Illinois

61607

0urectio~of

View:

Rorthwest

Subject:

View

showing

suspect

pipe

that

workers

were

working

on

Camera:

Minolta

Vectis

Weathermattc

Zoom

Roll#:

205—053

Frame#:

12

p.

-

.A~

.

---

Roll!:

205—053

Frame!:

13

Date:

05/17(00

Time:

11:30

am

ID!:

179 ash

Photo By:

0.Bancock

Facility:

Old

Dinning

Mall

(Old

Bartonyille

Mental

Realtb)

Address:

Bartonyille,

Illinois

61607

Direction

of

View:

Softtheast

Subject:

View

showing

suspect

pipe

that

was

broken

Camera:

Minolta

Vectis

Weathermatic

Zoom

• p

---

BolD:

205—053

Framet:

14

Date:

05(11(60

Time: ~11:30

am

10$:

119

asb

Photo By:

D,Hancock

Facility:

Old

Dinning

Rail

(Old

Bartonville

Mental

Health)

kddress:

Bartonwille,

illinois

61607

Direction

of

View:

North

Subject:

View

showing

suspect

pipe

that

was

broken

and

being

worked

on

by

workers

Camera:

Minolta

Vectis

Weathermatic

Zoom

---

Roll!:

205—653

~rame#:

15

Date:

05/17/00

Time:

~11:30

am

ID!:

179

ash

Photo

By:

D,Rancock

Facility:

Old

Dinning

Hall

(Old

Eartonyille

Mental

Health)

Address:

Bartonville,

Illinois

61607

Direction

of

View:

Xorth

Subject:

View

showing

suspect

pipe

that

was

broken

an~being

worked

on

by

workers

Camera:

Minolta

Vectis

Weathermatic

Zoom

---

Roll!:

205—053

Frame!:

16

Date:

05/17/00

Time:

11:30

am

ID!:

179

ash

Photo

By:

fliancock

Facility:

Old

Dinning

Rail

(Old

Bartonville

Mental

Health)

Address:

Bartonville,

illinois

61607

Direction

of

View:

Mortheast

Subject:

View

showing

suspect

pipe

that

was

broken

Camera:

Minolta

Vectis

Weathermatic

Zoom

---

BolD:

205—053

Pramel:

17

Date:

05(17(00

Time:

11:30

am

10$:

179

ash

Photo By:

D,llancock

Facility:

Old

Dinning

Rail

(Old

Bartonville

Mental

£ealth3

Address:

Bartonville,

Illinois

61607

Direction

of

View:

)Iorth

Subject:

View

showing

ceiling

area

that

was

broken

or

torn

down

Camera:

Minolta

Vectis

Weathermatic

Zoom

---

Date:

05/17/00

Time:

11:30

am

10$: 179 ash

Photo

By:

Dilancock

facility:

Old

Dinning

Rail

(Old

Rartonville

Mental

Health)

Address:

Sartonville1

Illinois

61607

Direction

of

View:

Southeast

Subject:

View

showing

piping

with

suspect

insulation

on

the

elbows

and

straight

runs

—

~

~p.t~s:~

-

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---

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Pramet:

19

Date:

05117/90

Time:

11:30

am

ID!:

179

ash

Photo

By:

D.Hancock

Facility:

Old

Dinning

Rail

(Old

Bartonville

Rental

Health)

Address:

Bartonville,

illinois

61607

Direction

of

View:

North

Subject:

View

showing

piping

with

suspect

insulation sticking

out

of

the

wall

be

tween

the

buildings

Camera:

Minolta

Vectis

Weathermatic

Zoom

---

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205—053

FrameS:

20

Date:

05117/00

Time:

11:30

am

ID!:

179

asb

Photo

By:

D,Bancock

Facility:

Old

Dinning

Ball

(Old

Bartonyille

Mental

Xealth)

Address:

Bartonville,

Illinois

61607

Direction

of

View:

Northwest

Subject:

View

showing

piping

with

suspect

insulation

laying

on

the

ground

Canera:

Itinolta Vectis Weathermatic Zoom

---

Roll!:

205—053

flame!:

11

Date: 05/17/00

Time:

11:3O am

ID!:

179

ash

Photo

By:

0,gancock

Facility:

Old

Dinning

Ball

(Old

Bartonyille

Mental

Health)

&ddress:

Bartonville,

Illinois

?1607

Direction

of

View:

Southeast

Subject:

View

showing

suspect

insulation

debris

laying

in

the

middle

of

the

floor

area

Camera:

Minolta

Vectis

Weathermatic

Zoom

---

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205—053

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22

Date: 05117/00

Time:

‘11~30am

ID):

179

ash

Photo

By:

D,Bancock

Facility:

Old

Dinninq

Rail

(Old

Bartonville

Mental

Health)

Address:

Bartonville,

Illinois

61607

Direction

of

View:

Southeast

Subject: View showing red tile crushed inside area where building was demolished

Camera: Minolta Vectis Weatherimatic loom

---

Rolll:

205—053

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23

Date:

05/17/DO

Time: ~11:30

am

ID):

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Photo

By: PHancock

Facility: Old Dinning Ball

(Old Bartonville Rental Health)

Address:

hrtonville,

Illinois 61607

Direction of

View: West

Subject: View showing pipe hanging from demolished area of the building

Camera:

Minolta

Yectis

Weathermatic

loom

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t~Jyk~_-

__

-~_

-~

-

~

~

—1-~

—

~__J_L_L~-_

,__S

~r-..

_—~s

—

7

r-

I

—

~9tV

/

~

i

_“M~•

U

J~fl~

Hi

t:

-

_

Boll!:

205—053

Framef:

24

Date: 05/11/00

time: 11:30 am

ID!:

179 asb

Photo By: Oflancock

Facility:

Old Dinning Hall

(Old Bartonville Mental Health)

Address:

Bartonville,

Illinois 61607

Direction of

View: West

Subiect: View showing pipe hanging

from

demolished

area

of the building

Camera: Minolta Vectis Weathermatic Zoom

---

Roll!:

205—053

Frame!:

25

Date:

05/17/00

Time:

11:30

am

ID!: 179 ash

Photo By: DUancock

Facility:

Old Dinning Hall

(Old Bartonville Mental Health)

Address: Bartonville, Illinois

61607

Direction of

View: Korthwest

Subject:

View

showing

pipe

banging

from

demolished

area

of

the

building

Camera:

Minolta Vectis Neatbermatic Zoom

---

.1

‘i)

EnviroHealth

Technologies

Inc.

Laboratory & Consulting

Services

ReportNo.: 00-05-01011

May31, 2000

Illinois Env.Protection Agency

-

?.O.Box1515

--

Lasalle, IL

61301

Attn: Mr. Dennis Hancock

Included in this report are test results obtained on seven (7) bulk samples submitted

on

May 18,2000.

The following information was

provided by the client:

ProjectName: Former Bartonville Mental Health

Project Address:

Old Bakery

Bldg.,

Bartonville,

IL

The results are presented as follows:

Exhibit A:

Summaxy of material concentrations reported as a

percentage of the entire sample submitted.

Exhibit B:

Layer analysis reported separately with microscopist

observations and comments

Exhibits A andB should be evaluated for each sample submitted to obtain a complete

understanding of analysis performed.

The United States Environmental Protection Agency defines

any

sample containing

greater than one (1) percent asbestos as an asbestos-containing material (ACM) (40 CFR

Part 763). Samples determined to have asbestos concentrations greater than one (1)

percent are identified in the test results as asbestos-containing materials.

Material content is determined using polarized light microscopy with dispersion staining

in accordance with 40 CFR 763, AppendixA to Subpart F, “InterimMethod of the

Determination ofAsbestos

in Bulk Insulation Samples,” and all

current revisions.

3830

Washington

Blvd.

Suite

123

•

St.

Louis,

Missouri

63108

•

(314)531-9868

•

Fax

(31

4~

ci

O1OA

---

~0)

EnviroHealth

Technologies

Inc.

Laboratory & Consulting

Services

Report No.:

00-05-01011

Results reported as trace indicate constituents found at concentrations of less than one (1)

percent.

EnviroHealth Technologies, Inc. is accredited in the National Voluntary Laboratory

Accreditation Program for Asbestos Fiber Analysis(Laboratory ID Number 200374-0).

This report may not be used to claim product endorsement byNVLAP or any agency of

the U.S. Government.

-

This report shall not be reproduced except in full, without the written approval of

EnviroHealth Technologies, Inc.

-

This test report relates only to the item tested.

Analysis By:

-

-

Stuart Kinquist:t~~

~kL~4a

Analyst

AnalysisCompleted: May 18, 2000

-

Respectfully submitted,

William

3.

Lowry,OH

-

President

LabNo.: 18083-18089

WL/SKJpr

-

3830 Washington Blvd.

•

Suite

123

•

St.

Louis, Missouri

63108

(314)

531 ~986S

Fax

(314)

53 1.9t96

---

Section

I of Two Sections

Summary

Analyst’s Approval

:

S4~

3

Client:

Illinois

Env.. Protection Agency

Report Number:

00-05-01011

TEST

REPORT

-

EHT

Number

Sample

Identification

18083

DHOO1-BMH,

5/17/00,

Insulation

From

Pipe

Laying

On

The Ground,

South End Of Bldg.

Asbestos,Chrysotile

20-30’

-

Asbestos,Amosite

10-20

Cellulose

5-10

Unspecified Non-Fibrous Mat’l 40-50

18084

DH0O2-BMH,

5/17/00,

Pipe

Insulation

From

Pipe

On

Ground,

South End Of Bldg.

Asbestos,Chrysotile

20-30

Asbestos,Amosite

20-30

Cellulose

-

5-10

Unspecified Non-Fibrous Mat ‘1 40-50

18085

DHOO3-BMN,

5/17/00,

Debris

On

Ground

Besides

Pipes,

-

South End Of Bldg.

Asbestos,Chrysotile

-

30-40

Asbestos,Amosite

10-20

Unspecified

Non-Fibrous

Mat’l

40-50

-

18086

DHOO4-BMH,

5/17/00,

Pipe

Hanging

From

Broken

Ends

Inside Of Bldg.

Asbestos,Chrysotile

20-30

Asbestos,Amosite

20-30

Unspecified Non-Fibrous Mat’l 50-60

18087

DHOOS-BMH,

5/17/00,

Insulation On Floor In Center Of

Bldg.

Area

-

Asbestos,Chrysotile

Trace

Mineral Wool

90-95

Unspecified Non-Fibrous Mat’l 5-10

18088

DHOOS-BMH,

5/17/00, Terrazzo Type Material

(Red)

South End Of Bldg.

No asbestos detected

(less than

1-

if present)

Cellulose

Trace

Unspecified Non-Fibrous Mat’l Greater than 95

---

Section

I of Two Sections

Summary

Analyst’s Approval

~?Y.

Client:

Illinois Env.

Protection Agency

Report Number:

00-05-01011

-

-

TEST

REPORT

EHT

Number

.

Sample Identification

-

-

18089

DH007-BMH,

5/17/00,

Brown Paper Insulation Hanging

From Pipe,

West Side Of Bldg.

Asbestos,Chrysotile

5-10

Cellulose

80-90

Unspecified Non-Fibrous Mat’l 10-20

---

(0)

Section II of

Two

Sections

Individual Layer Analysis

AnaJ.ysts’s Approval:

ICY’.

Client:

Illinois Env.

Protection Agency

-

Report Number:

00-05-01011

El-IT Number:

18083

Identification:

DHOO1-BMH,

5/17/00,

Insulation Erom Pipe Laying On

The Ground,

South End Of Bldg.

Dominant Color:

Off-White

Gross Sample Appearance:

Heterogeneous,

Mixed

Sample Type:

Thermal

Insulation

Layer Number:

2.

General Description:

Powder,Fibrous

Percent

pf Total Sample:

100

ASBESTOS CONTAINING MATERIAL

Material Content

Asbestos, Chrysotile

20-30

Asbestos,Amosite

10-20

Cellulose

5-10

-

-

Unspecified Non-Fibrous Material

40-50

Observations & comments:

A portion of the sample was dried for analysis.

---

Section II of Two Sections

Individual Layer Analysis

-

Analysts’s Approval:

~

Client:

Illinpis Env. Protection Agency

Report Number:

00-05-01011

EHT Number:

18084

Identification:

DHOO2-BMH,

5/17/00,

Pipe Insulation From Pipe On

Ground,

South End Of Bldg.

-

Dominant Color:

White

Gross Sample Appearance:

Heterogeneous, Mixed

Sample Type:

Thermal Insulation

Layer Number:

1

General Description:

Powder,Fibrous

-

Percent of Total Sample:

100

ASBESTOS CONTAINING

MATERIAL

Material Content

Asbestos, Chrysotile

20-30

Asbestos,Amosite

-

20-30

Cellulose

-

5-10

Unspecified Non-Fibrous Material

40-50

Observations & comments:

A portion of the sample was dried for analysis.

---

-

-

Section

II of Two Sections

-

Individual Layer Analysis

-

Analysts’s Approval:

c~

Client:

Illinois Env.

Protection Agency

Report Number:

00-05-01011

EHT Number:

18085

-

Identification:

DHOOJ-BMH,

5/17/00, Debris øn Ground Besides

Pipes,

South End Of Bldg.

Dominant Color:

White

Gross

Sample Appearance:

Heterogeneous,

Mixed

Sample Type:

Thermal Insulation

Layer Number:

1

General Description:

Powder,Fibrous

Percent

of Total

Sample:

100

ASBESTOS CONTAINING MATERIAL

Material Content

-

Asbestos,Chrysotile

30-40

Asbestos,Amosite

-

10-20

Unspecified Non-Fibrous Material

40-50

Observations

& comments:

•A portion of the sample was dried for analysis.

---

-

~)

-

Sec~ionII ofTwo

Sections

Individual Layer Analysis

-

Analysts’s Approval:

S)L\

Client:

Illinois Env.

Protection Agency

Report Number:

00-05-01011

-

EHT Number:

1808g

.

-

Identification:

DHOO4-BMH,

5/17/00, Pipe Hanging From Broken

Ends

Inside Of Bldg.

-

Dominant Color:

White

-

Gross Sample Appearance:

Heterogeneous,

Mixed

Sample Type:

Thermal Insulation

Layer Number:

1

General Description:

Powder,Fibrous

Percent

of Total Sample:

100

ASBESTOS CONTAINING

MATERIAL

Material Content

Asbestos,Chrysotile

20-30

Asbestos,Amosite

20-30~

Unspecified Non-Fibrous Material

50-60

Observations

& comments:

A portion of the sample was dried for analysis.

---

-

Section

II

of Two Sections

-

Individual Layer-Analysis

-

Analysts’s Approval:

5\L~

3

Client:

Illinois Env.

Protection Agency

Report Number:

00-05-01011

El-IT

Number:

18087

Identification:

DHOOS-BMN,

5/17/00,

Insulation On Floor In Center Of

Bldg.

Area

-

Dominant Color:

Brown

Gross Sample Appearance:

Heterogeneous,

Mixed

Sample Type:

Thermal Insulation

Layer Number:

1

General Description:

Fibrous

Percent

of Total Sample:

97

Material Content

-

No asbestos detected

(less than 1

if present)

Mineral Wool

Greater than 95

Unspecified Non-Fibrous Material

3-5

Layer Number:

2

General Description:

Tarlike

Percent

of Total Sample:

3

ASBESTOS

CONTAINING

MATERIAL

Material Content

Asbestos,Chrysotile

3..5?.

Unspecified Non-Fibrous Material

Greater than 95

Observations

& comments:

The Point-Counting Method of quantification

as

required by the National Standards for Hazardous Air Pollutants,

(NESHAP),

wIll be performed at an additional charge at the request

of the client.

A

portion

of the sample was

dried

for

analysis.

---

--

-

,-

--

t1.::~---

~

-

—

-

--

-

--

--‘

SectiQn -fl~ofTwo Sections

-

Individual Layer~Ana1ysis

Analysts’s Approval:

IS~

Client:

Illinois Env.

Protection Agency

-

Report Number:

00-05-01011

EHT Number:

18088

Identification:

DHOO6-BMH,

5/17/00, Terrazzo Type Material

(Red)

South End Of Bldg.

Dominant Color:

Red

Gross Sample Appearance:

Homogeneous, Non-Fibrous

-

Sample

Type:

Brick

-

Layer Number:

1

General Description:

Cernentitious

Percent

of Total Sample:

100

Material Content

No asbestos detected

(less than

1

if present)

Cellulose

Trace

-

Unspecified Non-Fibrous Material

Greater than 95

Observations

& comments:

A portion of the sample was dried and crushed for

analysis.

---

Section

II of Two Sections

-

Individual Layer Analysis

Analysts’s Approval:

5’~ç

i

Client:

Illinois Env.

Protection Agency

-

Report Number:

00-05-01011

EHT

Number:

18089

Identification:

DHOO7-BMH,

5/17/00,

Brown Paper Insulation Hanging

From Pipe,

West Side Of

Bldg.

Dominant Color:

Brown

Gross Sample Appearance:

Heterogeneous,

Mixed

Sample Type:

Thermal Insulation

-

Layer Number:

1

General Description:

Powder,Fibrous

Percent

of Total Sample:

100

-

=~====

ASBESTOS

CONTAINING

MATERIAL

Material Content

-

Asbestos, Chrysotile

5-10

cellulose

-

-

80-90

Unspecified Non-Fibrous Material

10-20

Observations

& comments:

The Point-Counting Method of quantification as

required by the National Standards for Hazardous Air PQllutants,

(NESHAP),

will be performed at an additional charge at the request of the client.

---

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

Open

Dump Inspection

Checklist

Region:

Peoria

-

Previous Inspection

Date:

None

Cloudy

&

raining, 67-F

Samples Taken:

C-00-067-P

Yes#

No

x

Responsible Party

Mailing Address(es)

and Phone

Number(s):

Randall

J.Palmer

do

Blue Ridge

Construction

P.O.

Box 4151

Bartonville,

Illinois 61607

309/633-0051

SECTION

DESCRIPTION

ILLINOIS_ENVIRONMENTAL

PROTECTION ACTREQUIREMENTS

1.

9(a)

CAUSE, ThREATEN ORALLOWAIR POLLUTION

IN

ILUNOIS

2.

9(c)

CAUSE

OR

ALLOW OPEN BURNING

3.

12(a)

-

CAUSE,

THREATEN

OR ALLOW WATER POLLUTION IN

ILUNOIS

-

x

4.

12(d)

CREATEAWATER

POLLUTION HAZARD

-

x

5.

21(a)

CAUSE

OR ALLOW OPEN

DUMPING

x

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 AND REGULATIONS

8.

21(p)

CAUSE

OR ALLOW

THE

OPEN DUMPING

OF ANY

WASTE IN

A MANNER WHICH RESULTS

IN

ANY OF

THE

FOLLOWING OCCURRENCES ATThE DUMP SITE:

(1)

Lifter

(2)

Scavenging

--

(3)

Open

Burning

(4~

negcsiticn of Wnste

in Sthndinrt

or

Rowing W~ters

PEOPLE’S~-.

~

-.

-

EXHIBIT~

(Open

Dump

-

1)

Attachment

3

County:

Peoria

LPC#:

1430055048

Location/Site Name:

Bartonville/Palnier,

Palmer,

& Knilac

Property

Date:

May

17, 2000

Time:

From

12

p.m.

___________

Inspector(s):

James

Jones

No.

of Photos Taken:

It

15

Est.

Amt.

of Waste:

40

Interviewed:

John Palmer

Sr.

To

12:20p.m.

Weather

yds3

Complaint #

John G.

Palmer Sr.

do

Blue

Ridge Construction

P.O.

Box 4151

Bartonville,

Illinois 61607

309/633-0051

David

Krulac

c/o Blue Ridge Construction

P.O.

Box 4151

Bartonville,

Illinois 61607

309/633-0051

—

-

---

LPC#: 1430055048

~lnspecth$n

Date:

M3y

17, 2000

(5)

Proliferation of Disease Vectdrs

-

-

-

-

-

-

(6)

Standing or Flowing

Liquid Discharge

from

the Dump Site

(7)

Deposition

of General Construction or Demolition

Debris; or Cean

Construction or

Demolition

Debris

9.

55(a)

NO

PERSON

SHALL:

_______

(1),

Cause orAllow Open Dumping

of Any

Used or Waste Tire

(2)

Cause orAllow Open Burning of Any

Used or Waste

Tire

35

ILLINOIS

ADMINISTRATIVECODEREQthREMENTS

SUBTITLEG:

10.

812.101(a)

FAILURE TO SUBMIT

AN APPLICATION FOR A

PERMITTO DEVELOP

AND

OPERATEA LANDFILL

11.

722.111

HAZARDOUSWASTEDETERMINATION

-

12.

808.121

t-

SPECIAL WASTE DETERMINATION

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

-

OTHER REQUIREMENTS:

14.

APPARENT VIOLATION

OF:

(

)

PCB;

(

)

CIRCUIT COURT

CASE NUMBER:

ORDER ENTERED ON:

15.

OTHER:

Section

815.201

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

of the (Illinoisi 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 (Illinoisi Environmental

Protection Act:

415 ILCS

5/4(c) and

(d).

(Open Dump

-

2)

---

LPC#: 1430055048

ffispecticri

Date:

May

17, 2000

6.

Items marked with

an “NE” were not evaluated at the time of this inspection.

7.

Statutory

effective date:

through 7/9/99.

8.

Regulatory

effective date:

through 5/20/99.

(Open

Dump -3)

---

rcu’sa

Pairrs- i,L’ter,&

Krulac Property

May

~7,2O0O

-

James Jones

-

-

Page

i of2

NARRATIVE

On

Wednesday, May 17,2000, James Jones

ofPeoria-DLPC/FOS

investigated

citizen complaint

#C-

00-067-P at the Bartonville

Industrial

Park in Bartonville, Illinois (formerly Peoria Mental Health

Hospitial).

The

property is

located on Constimtion Avenue in abuilding formerly called the “Old

Bakery” building.

The building

has

no street number.

According to the complainant,

demolition

waste from

the

demolishing of the

“Old

Bakery” building was being dumped

at the

rear,

the side,

and down into

the ravine of the property by contractors.

During

the investigation,

Jones observed

building demolition

waste consistent with themake-up of

the

materials

in

the

building

on

the property.

Bricks mixed with splintered boards, metal wiring

insulation, and

apparent asbestos piping

insulationwasobserveddumped in several locations

on the

property (see

site sketch).

The open

dumped building demolition waste

extended down

into the

ravinewhere a small streamtraversedacross the property.

This is

significant

because it began to

rain

during

the investigation,

and

the potential forwaterpollutionto occur

was increased,

in that, the

rain

could have washed asbestos fibers down the

ravine

into the stream.

-

Following the investigation, Jones

talked

to John

Palmer

Sr. about the complaint.

According to Mr.

Palmer,

the

building and

property is owned by himself,

Randall

Palmer

and

David Krulac.-

Mr.

Palmer stated

the

building

and

property

was

sold

to

them by

the City of Bartonville.

City of

Bartonville officials,

according- to

Mr. Palmer, did

not

tell

them

that

permits

from DAPC

were

required prior to demolition of the building. In

addition,

Mr. Palmer claims that they were also told

by Cityof Bartonville officials that it

was

alright

tb

demolish the building

and

place the contents on-

site.

Based on Jones’ findings

during

the investigation, the following

apparent violations were cited on

the “Open

Dump Inspection Checklist”:

-

Section

12(a) ofthe Act

-

Causing, threatening or

allowing

water pollution.

Palmer, Palmer, & Krulac caused

or allowed water

pollution by open

dumping building

demolition waste on

their property.

..

-

Section

12(d) of the Act

-

Creating a water pollution

hazard.

Palmer, Palmer, &

Krulac

created

a

water

pollution

hazard

by

open dumping

building

demolition

waste on their property.

Section 21(a)

of the Act

-

Causing or allowing open

dumping.

Palmer, Palmer, & Krulac caused or allowed the open

dumpingofbuilding demolition waste

on their property.

-

---

I’+jUtJ)JtPt3ELUsA4A~_.~ssa~J

Palmer, Palmer, &

Krulac Property

May

17,

2000

James Jones

-

-

Page

2

of2

Section 2 1(e) of the Act

-

Disposing

any waste

at

a site not meetingtherequirements

of the Act

and

Regulations.

Palmer, Palmer, &

Krulac caused

or allowed the disposal of building demolition waste

on

their property which does not meet the requirements of the Act

and Regulations.

Section 21 (p)(l) of the Act

-

Causing or

allowing

the open dumping ofany waste in a manner which

results in litter.

Palmer, Palmer, & Krulac caused orallowed the opendumpingof building demolition

waste

on their property which resulted in litter.

Section

21 (p)(7) of

the

Act

-

Causing

or

allowing

the

deposition

of general

construction or

demolition debris as defined in Section 3.78 of

this

Act.

Palmer, Palmer, &

Krulac caused

or allowed

the

deposition

(open

dumping) of general

construction or demolition...debris

on their property.

Sections

815.201

of the Illinois Regulations

-

All landfills regulated under this Part

shall file an

initial facility

report

with

the

Agency

to

provide

information concerning location and

disposal

practices of the facility.

Palmer, Palmer, &

Krulac failed

to file the

required initial facility report.

JJ/

-

---

flTh

CFV2~C1Z

9~VU~CNM9J7.~L

~CT~7ZCN

AC24C!

&rz

~

Daze

Of t~sc~on

__________

Site

Code

Size

Name

Pa/n1tr~

?a/mcr~

+Xrwlac

&r*x

c

h

thsr

3mrs

Jotve

Peor,a-

0.A!.

—

I

4

Ii.)’,-

t

Iorsttcr

7

0-

N

Of__

~.

5frc ~

~

b~1cm

of raviNe

iT.w5e~’:

~

~

~

BaMcry

~

-in

J

/

LEGEND

~

I.

---

Attachment

A

Pursuant

to Section

12(a) ofthe Illinois

Environmental Protection Act (415 ILCS S/12(a)),

no

person

shall cause

or

threaten

or

allow the discharge

of

any

contaminants

into

the

environment

in any

State

so

as

to

cause or tend to

cause water pollution in Illinois, either

alone or in combination

with

the matter from other sources, or so

as to

violate regulations

or standards adopted by the Pollution Control Board under

this

Act.

-

A

violation

of

Sectio~,

12(a)

is

alleged

for

the

following

reason:

The

discharge

of

contaminants was caused, threatened, or allowed, so as to cause or tend to cause water

pollution

in Illinois.

2.

Pursuantto Section 12(d)ofthe lllinoisl

EnvironxnentalProtectionAct(415 ILCS 5/12(d)),

no person shall deposit any contaminants

upon

the land in

such place and manner so

as to

create

awater pollution hazard.

A

vioration of

Section

12(d)

is

alleged

for

the

following

reason:

Contaminants

were

deposited

upon

the

land in

such place

and

manner so

as

to

create a water pollution

hazard.

3.

Pursuant to Section 21(a) ofthe Illinois

Eqvironmental

ProtectionAct (415ILCS 5/21(a)),

no person shall cause or allow the open dth~pthg

of

any

waste.

-

of waste was observed during the inspection.

4.

Pursuant to Section 21(e)ofthe -lllinois

Elvironmental

ProtectionAct(415 ILCS 5/21(e)),

no person

shall

dispose,

treat, store

or abandon

any

waste,

or

transport

any waste

into

this

State for

disposal,

treatment, storage

or

abandonment,

exceptat a site

or

facility which meets

the

requirements of

this Act and of regulâtibns and

standards thereunder.

Aviolation ofSection 21(e) is alleged for the following reason:Waste was disposed at this

site which does not meet the requirements of the Act and regulations thereunder.

5.

Pursuant

to

Section

21(p)(l) of

the

Illinois

Environmental

Protection

Act

(415

ILCS

5/21 (p)( 1)), no person shall, in violationofsubdivision (a)of

this

Section, cause or allow the

open

dumping of

any waste in

a manner

vThith results

in lifter.

The prohibitions spec~fled

in this subsection ç~)

shall be enforceable by

the Agency either

by

administrative citation under Section

31.1

ofthisAct or

asotherwiseprovided by thisAct.

The spec~ic

prohibitions in this subsection

dO not limit the power ofthe Board to establish

regulations or standards applicable to open dumping.

A violation ofSection 2l(p)(1)

is

alleged for the following

reason:

The

open dumping of

waste was

caused or allowed

in

a manner which resulted in lifter.

---

6.

Pursuant

to

Section 2l(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 general or clean construction or demolition debris.

A violation of Section 21@)(7) is alleged for the following reason: The open dumping

of

waste was

caused

or allowed

in

a manner which resulted

in

deposition of general or

clean construction or demolition debris.

-.

-

Suggested Resolutions

1.

Immediately cease

all

open

dumping.

Do

not

dispose

of any of the

waste

by open

burning.

2.

By

September

1,

2000

remove all

waste to

a

permitted

landfill

or

transfer

station.

Scrap metal notdisposed at a landfill can

be taken to a scrapmetal facility or recycling

center.. Ifany asbestos is in the open dumped waste, the removal and disposal must be

conducted in acà?wdance with

NESHAP

regulations.

3.

By September 7,2000 submit to the illinois-EPA copies of receipts that document the

proper disposal or recycling ofthe wastes.

The

written

response

to

this

Violation

Notice

must

include

information

in

rebuttal,

explanation, orjustification ofeach alleged violation and must be submitted to the Illinois EPA

by certified mail,within 45 days ofreceipt of this Violation Notice.

The written response must

also include a proposed Compliance CommitmentAgreementthatcommits to specific remedial

actions, includes specified times for achieving each commitment,and may include a statement

that compliance has been

achieved.

-

---

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---

DATE:

May 17, 2000

TIME:

12p.m.-

12:20p.m.

PHOTOGRAPHED

BY:

James

Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer &

Knilac Property

USEPA

COMMENTS:

Photograph taken

toward

the north

PHOTOGRAPH

NUMBE1t

I

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20

p.m.

PHOTOGRAPHED

BY:

James

Jones

LOCATION:

1430055048-

Peoria County

Palmer

Palmer

& Krulac Property

USEPA

COMMENTS:

Photograph taken

toward

the

north

PHOTOGRAPH NUMBER:

2

E!:I

SITE PHOTOGRAPHS

PAGE

1

---

DATE:

May

17,

2000

TIME:

72

p.m.

-

12:20 p.m.

PHOTOGRAPHED BY:

James Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer &

Krulac Property

USEPA

COMMENTS:

Photograph taken

toward the

north

PHOTOGRAPH NUMBER:

3

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20 p.m.

PHOTOGRAPHED BY:

James Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer

& Krulac Property

USEPA

COMMENTS:

Photograph taken

toward

the

north

PHOTOGRAPH NUMBER:

4

SITE PHOTOGRAPHS

PAGE

2

---

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20p.m.

PHOTOGRAPHED BY:

James

Jones

LOCATION:

1430055048

-

PeoriaCounty

Palmer Palmer &

Krulac

Property

USEPA

COMMENTS:

Photograph taken

toward the

north

PHOTOGRAPH NUMBER:

5

DATE:

May 17,

2000

TIME:

12p.m.-

12:20pm.

PHOTOGRAPHED BY:

James Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer &

Krulac

Property

USEP A

COMMENTS:

Photograph taken

toward the

north

SITE PHOTOGRAPHS

PAGE

3

PHOTOGRAPH NUMBER:

6

---

SITE PHOTOGRAPHS

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20 p.m.

PHOTOGRAPHED

BY:

James Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer

&

Krulac Property

USEPA

COMMENTS:

Photograph taken

toward the north

PHOTOGRAPH

NUMBER:

7

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20

p.m.

PHOTOGRAPHED BY:

James Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer

& Krulac

Property

USEPA

COMMENTS:

Photograph taken

toward

the

east southeast

PAGE

4

PHOTOGRAPH

NUMBER:

S

---

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20p.m.

PHOTOGRAPHED BY:

James Jones

LOCATION:

1430055048-

Peoria County

Palmer Palmer

& Krulac

Property

USEPA

COMMENTS:

Photograph taken

toward the

southeast

PHOTOGRAPH NUMBER:

9

DATE;

May

17, 2000

TIME:

12p.m.

-

12:20

p.m.

PHOTOGRAPHED

BY:

James

Jones

LOCATION:

1430055048- Peoria County

Palmer Palmer

&

Knilac

Property

USEPA

COMMENTS:

Photograph

taken

toward

the southeast

SITE PHOTOGRAPHS

PAGE

5

PHOTOGRAPH

NUMBER:

10

---

SITE PHOTOGRAPHS

DATE:

May 17,

2000

TIME:

12p.m.

-

12:20p.m.

PHOTOGRAPHED

BY:

James Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer &

Krulac Property

USEPA

COMMENTS:

Photograph

taken

toward

the south

PHOTOGRAPH NUMBER:

11

DATE:

May

17,

2000

TIME:

12p.m.-

12:20

p.m.

PHOTOGRAPHED

BY:

James

Jones

LOCATION:

1430055048-Peoria County

Palmer Palmer

&

Krulac

Property

USEPA

COMMENTS:

Photograph

taken

toward

the south

PAGE

6

PHOTOGRAPH NUMBER:

12

---

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20 p.m.

PHOTOGRAPHED BY:

James

Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer & Krulac

Property

USEPA

COMMENTS:

Photograph taken

toward the

north

PHOTOGRAPH NUMBER:

13

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20p.m.

PHOTOGRAPHED

BY:

James Jones

LOCATION:

1430055048

-

Peoria

County

Palmer

Palmer

& Krulac Property

USEPA

COMMENTS:

Photograph taken

toward the

north

SITE PHOTOGRAPHS

PAGE

7

I.

~

Li

PHOTOGRAPH

NUMBER:

14

---

DATE:

May

17,

2000

TIME:

12p.m.

-

12:20p.m.

PHOTOGRAPHED

BY:

James Jones

LOCATION:

1430055048

-

Peoria County

Palmer Palmer &

Krulac

Property

USEPA

COMMENTS:

Photograph taken

toward the

north

SITE PHOTOGRAPHS

PAGE

8

PHOTOGRAPH NUMBER:

15

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

________

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276

THowt.&s

V.

SKINNER,

DIRECTOR

217/782-5811

TDD

217/782-9143

June 22, 2000

John Palmer Sr.

CERT~~D

MAIL #7099 3400 0001 2105

5361

Blue

Ridge Construction

RETURN RECEIPT REQUESTED

4004

Becker Drive,

P.O.

Box

4151

Bartonville, Illinois

61607

RE:

Violation Notice

M-2000-03005

1.D. A00000191

(Bureau of Air) and 1430055048-Peoria

County

(Bureau ofLand)

Site:

Former Peoria

State Mental Health Building,

Bartonville

Dear Mr. Palmer:

This constitutes a Violation Notice pursuant to Section 31(a)(1) ofthe Illinois

Environmental

Protection Act (“Act”),

415

ILCS 5/31 (a)(1),

and is based

upon

a review ofavailable

information and

an investigation by representatives of the Illinois

Environmental Protection Agency (“Illinois EPA”).

Tht Illinois EPA hereby provides notice ofviolations ofenvironmental

statutes, regulations orpermits

as set

forth in Attachments A and B

to this letter.

Attachments A and B include an explanation ofthe

activities that the illinois EPA believes may resolve the specified violations, including an estimate ofa

reasonable

time period to complete the necessary activities.

Due to the nature and seriousness ofthe

violations cited, please be advised that resolution ofthe violations may also require the involvement of

a

prosecutorial authority for purposes that may include, among others, the imposition of statutory

penalties.

A

written response, which may include a request for a meeting with representatives of the illinois EPA,

must be submitted via certified mail to

the illinois EPA within 45 days ofreceipt ofthis letter.

The

response must address each violation specified in Attachments A and B and include for ea~h

an

explanation ofthe

activities

that will be implemented and the time schedule for the completion ofeach

activity.

The written response will constitute a proposed Compliance Commitment Agreement

(“CCA”) pursuant to Section

31 ofthe Act.

The Illinois EPA will review the proposed CCA and will

accept or reject it within 30 days ofreceipt.

---

Page 2

Violation Notice M-2000-03005

Blue Ridge Construction

I.D. A00000191

(Bureau ofAir)

and

1430055048-Peoria County (Bureau ofLand)

Site:

Former Peoria State Mental Health Building, Bartonville

If a

timely written response to

this Violation Notice is not provided, it shall be

considered a waiver of

the

opportunity to respond and meet,

and

the Illinois EPA may proceed with a referral to the

prosecutorial authority.

Written communications should be directed to

YASMJINE KEPPNER, Illinois

EPA, Bureau ofAir,

Compliance Unit,

P.O.

Box

19276,

Springfield,

Illinois 62794-9276.

All commuthcations must

include reference to

this Violation Notice number

M-200O-O30Q5~,7_

ç~~y

-.

Questions regarding the Bureau ofAir violations

should be directed to DENNIS HANCOCK at

815/223-1344,

and questions regarding the Bureau of Land violations should be directed to JAMES

JONES

at 309/693-5462.

Sincerely,

David “Buzz” Asselmeier, Acting Manager

Compliance

and Systems Management Section

Bureau ofAir

DA:YK

Attachments

cc:

BOL P05

Peoria

Regional Office

BOL Compliance

Unit

BOA FOS

Peoria

Regional Office

BOA P05 LaSalle

Disthct

Office

BOA Division

of Legal

Counsel

BOA P05 Asbestos

Unit

---

Violation Notice M-2000-03 005

Blue Ridge Constnction

ID.

A00000l9l

(Bureau ofAir) and

l4300SS048-Peoria County (Bureau of Land)

Site:

Former Peoria State Mental Health Building,

Bartonville

ATTACHMENT A

BUREAU OF AIR

VIOLATIONS:

Per an inspection by

Dennis Hancock

on May 17, 2000,

and other available

information:

1,

Section 9(a) of the Act

and

35

flI.

Adm.

Code 201.141:

Blue Ridge Construction caused the

release of dry ffiable regulated asbestos-containing material (“RACM”) into the environment

during demolition

so as to cause or tend to

cause air pollution.

2.

40

CPR 61.145(a):

Blue Ridge Construction failed to

conduct a thorough inspection ofthe former

Peoria State Mental Health facility for the presenceand location of asbestos-containing material

prior to demolition

activities.

3.

40

CFR 61.145(b)(3):

Blue

Ridge Construction

failed to provide the Illinois EPA with

a properly

completed notice of demolition and renovation at least ten working days before commencing any

such activities at the former Peoria State Mental Health facility.

4.

40

CFR 61.1 45(c)(l):

Blue Ridge failed to remove all RACM prior to any activity that would

break up

or dislodge any of the RACM at the former Peoria State Mental Health facility.

5.

40

CE?. 61.l45(c)(2)(i)(ii):

Blue Ridge Construction

failed to

adequately wet all RACM and

prevent

damage or disturbance to

the RACM exposed during cutting or disjoining operations at the

former Peoria State Mental Health facility.

6.

40

CE?. 61.1

45(c)(6):

Blue Ridge failed to

adequately wet and maintain wet all RACM

and

regulated asbestos-containing waste material generated until

collected and contained in preparation

for disposal.

7.

40

CFR 61.1 50(a)(1)(iii)(iv)(v):

Blue Ridge failed to wet, containerize,

and label all

asbestos-

contaming waste material.

8.

40

CER

61.150(b):

Blue Ridge failed to deposit,

as soon as practicable,

all asbestos-containing

waste

material generated during demolition activities within a site permitted to accept

such waste.

---

Blue

Ridge Construction

I.)). A00000l91

(Bureau of

Air) and

1430055048-Peoria County (Bureau ofLand)

Site:

Former Peoria State Mental Health Building, Bartonville

AflACHMBNT A (continued)

RECOMMENDATIONS:

The Illinois EPA suggests

that Blue

Ridge Construction take the following actions in order to

address

the above violations:

1.

Implement measures to

adequately wet and k&ep wet all asbestos-containing waste material and

asbestos contamination, post signs warning ofthe presence of asbestos, construct barriers to

prevent public access to the site mentioned

above,

and lock and do

not use any piece of equipment

which has been used to conduct demolition

activities at that site,

until analytical test data indicates

asbestos is

nOt present or acceptable levels ofasbestos exist at or on each location or item.

2.

Retain an asbestos abatement project

designer, licensed by the Illinois Department ofPublic Health

(“mPH”), to

design and submit to

the Illinois EPA for revieW

and acceptance, within

10 working

days,

a project desi~specification

setting

forth the following:

(a)

Methods

and procedures to be utilized to

determine the presence of asbestos.

(b) Work practiceS

and procedures

to be utilized to properly handle, remove, and dispose ofall

asbestos-containing waste material and

asbestos contamination found within the site being

demolished, on any equipment which has been used to conduct demolition activities at those

sites,

and on adjacent properties.

3.

Within

10 days from the date of acceptanbe by the Illinois EPA ofthe project design specification,

retain an asbestos abafement contractor licensed by IDPH to

remove all asbestos-containing waste

material

and asbestos contamination in accordancewith the project design specification.

4.

Within

10 days of receipt of this Violation Notice, provide to the Illinois EPA a written statement

oontaining detailed summary of all the asbestos removal and demolition activities performed at the

site including the identity of each worker utilized to conduct such activities, the locations of all the

asbestos-containing waste material atid asbestos contamination, and the equipment utilized to

remove,

handle,

and

dispose of all such material.

5.

Prior to future demolition and

renovation activities:

(a)

Submit to the Illinois EPA a properly completed written notice of demolition and renovation at

least

10 working days prior to

the demolition or renovation ofthe facility.

(b) Ensure that each facility is inspected for asbestos-containing material.

Ifthe facility is found to

have

asbestos-containing material, comply with

all the requirements of the

NTESHAP

regulations.

6.

Provide a written statement ensuring all demolition and renovation activities will be performed, in

the future,

in compliance with the National Emission Standards for Hazardous

Air Pollutants,

40

CER 61,

Subpart M

—

National Emission Standards for Asbestos.

---

Violation Notice M-2000-03005

BlueRidge Construction

LI). A0000019l

(Bureau ofAir) and

1430055048-Peoria County (Bureau of Land)

Site:

Former Peoria State Mental Health Building, Bartonville

ATTACHMENT B

BUREAU OF

LAND:

VIOLATIONS:

I.

Pursuant to

Section

12(a) ofthe

Illinois

Environmental Protection Act

(415

ILCS

5/12(a)),

no

person shall cause or

threaten

or allow the discharge of

any contaminants into the environment in

any State

so as to cause or tend to

cause water pollution in Illinois, either alone or in combination

with the matter from other sources, or so as to violate regulations or standards adopted by the

Pollution Control Board under this Act.

A violation ofSection

12(a) is

alleged for the following reason: The discharge ofcontaminants

was caused, threatened,

or

allowed, so as to cause or

tend to cause water pollution in

Illinois.

2.

Pursuant to Section 12(d) ofthe

Illinois

Environmental Protection Act (415

ILCS 5/12(d)), no

person shall deposit any contaminants upon the land in such place and manner so

as

to create

a

water pollution

hazard.

A violation of Section

12(d) is

alleged for the following reason:

Contaminants were deposited

upon

the land

in

such place and manner

so as to create a water pollution hazard.

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 ofSection

21(a) is

alleged for the following

reason: Evidence

of open dumping

Of

waste

was

observed during the inspection.

4.

Pursuant to Section 21(e) of the

Illinois

Environmental Protection Act

(415

ILCS 5/21(e)), no

person shall dispose,

freat,

store or abandon

any waste,

or transport any waste into this

State for

disposal, treatment, storage or abandonment, except at a site

or

facility

which meets the

requirements of this Act and ofregulations and standards thereunder.

A violation of Section 21(e) is

alleged for the following reason: Waste was

disposed

at this

site

which does not meet the requirements of the Act

and

regulations

thereunder.

---

Blue Ridge Construction

I.D. A00000191

(Bureau ofAir) and

1430055048-Peoria County (Bureau ofLand)

Site:

Former Peoria State Mental Health Building, Bartonville

ATTACHMENT B

(continued)

VIOLATIONS (continued):

5.

Pursuant to

Section 21@)(l) of the

Illinois

Environmental Protection Aót

(415

ILCS

5/2l(p)(l)),

no person shall, in violation ofsubdivision (a) of this

Section, cause or allow the open dumping of

any waste in

a manner which results in litter.

The prohi bitions specified in this subsection (p) shall be enforceable

by the Agency either by

administrative citation under Section 31.1 ofthis Act or as otherwiseprovided by this Act

The

specQ’ic prohibitions in

this subsection

do not limit thepower of the Board to establish regulations

or standards applicable to open dumping.

A violation ofSection 21 @)(1) is alleged for the following reason: The open dumping of waste

was

caused or allowed in

a manner which resulted

in

litter.

6.

Pursuant

to Section 2l(p)(7) of the Illinois

Environmental Protection Act (415 ILCS

5/2l(~p)(7)),

no person

shall cause or allow the open dumping of waste

in

a

manner that results in

deposition of

general or clean construction or demolition debris.

A violation ofSection 2lcp)(7) is alleged for the following reason: The open dumping of waste

was

caused or allowed in

a manner which

resulted in

deposition of general or clean

construction or demolition

Suggested

Resolutions

1.

Immediately cease all open dumping.

Do not dispqse

of any ofthe waste by open burning.

2.

By September

1, 2000 remove all waste to

a permitted landfill or transfer station.

Scrap metal

not disposed

at a landfill can be taken to

a

scrap metal facility or recycling center.

If any

asbestos is in the open dumped waste, the removal and

disposal must be conducted in

accordance with NBSH.AP

regulations.

3.

By September 7, 2000

submitto the Illinois EPA copies of receipts that document the proper

disposal or recycling ofthe wastes.

The written response

to this Violation Notice must include information in rebuttal, explanation, or

justification of each alleged violation and must be submitted to the Illinois EPA by certified mail,

within 45

days ofreceipt ofthis Violation Notice.

The written response must also

include a proposed

Compliance Commi~entAgreement that commits to specific remedial actions, includes specified

times

for

achieving each commitment, and may include a statement that compliance has been achieved.

---

ILLINO’

‘ENVIRONMENTALPROTEC

)N

AGENCY

Open

Dump

Inspection Checklist

)

County:

Peoria

LPC#:

1430055048

Region;

Peoria

Location/Site Name:

Bartonville/Palmer,

Palmer,

&

Krulac

Property

Date:

May 17,2000

Time:

From

12

p.m.

To

12:20 p.m.

Previous

Inspection

Date:

None

Inspector(s):

James Jones

Weather:

Cloudy

& raining,

67-F

No.

of Photos Taken:

#

15

Est. ArM.

of Waste:

40

yds3

Samples Taken:

Yes#

No

x

Interviewed:

John Palmer Sr.

Complaint #

C-00-067-P

Responsible Party

JohnG. Patmer Sr.

Randall J.Palmer

Mailing Address(es)

c/o

Blue

Ridge Construction

do

Blue

Ridge Construction

and Phone Number(s):

P.O.

Box 4151

P.O.

Box 4151

Bartonville,

Illinois 61607

Bartonville,

Illinois 61607

309/633-0051

309/633-0051

David Knilac

JUN 20

200o

do

Blue

Ridge Construction

P.O.

Box

4151

.IEPA_D

Bartonville,

Illinois 61607

C

309/633-0051

—

~

SECTION

DESCRIPTION

VIOL.

•

ILLIN

01$

ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

1.

9(a)

CAUSE, THREATEN 0R ALLOW AIR

POLLUTION

IN

ILLINOIS

2.

9(c)

CAUSE

OR ALLOW OPEN BURNING

3.

12(a)

CAUSE, THREATEN 0R

ALLOW WATER POLLUTION IN

ILLINOIS

x

4.

12(d)

CREATE

A WATER POLLUTION HAZARD

X

5.

21(a)

CAUSE

OR

ALLOW OPEN

DUMPING

X

6.

21(d)

•

CONDUCTANY 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 AND REGULATIONS

x

8.

21(p)

CAUSE OR

ALLOW TH

IN

ANY OF THE

FOLLO

B

OPEN DUMPING

OF ANY WASTE IN

A MANNER WHICH RESULTS

WING OCCURRENCES

AT THE

DUMP

SITE:

(1\

Lifter

.

y

(2)

Scavenging

•.

(3~

Open Burning

(4\

Depositinn

nf Wnste in_Sfinding or Flowing_Wnters

(Open Dump

-

1)

---

•

.L.PCfr

i4aooSSo48

Inspection

Date: May

17,

2000

(5)

Proliferation of Disease Vectors

(5)

Standing_or_Flowing_Liguid_Discharge_from_the_Dump_Site

(7)

Deposition

of General

Construction or Demolition

Debris; or Clean

Construction or

Demolition

Debris

x

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

35 ILLINOIS APTQIINISTRAtVECODE REQUIREMENTS

SUB11TLEG

10.

812.101(a)

.

FAILURE

TO SUBMIT AN APPLICATION

FOR A PERMITTO DEVELOP

AND

OPERATE

A

LANDFILL

11.

722.111

.

HAZARDOUS WASTE DETERMINATION.

—..

SPECIAL WASTE DETERMINATION

12.

808.121

-

13.

809.302(a)

ACCEPTANCE OF SPECIAL WASTE

FROM A WASTE TRANSPORTER

WITHOUT AWASTE HAULING

PERMIT, UNIFORM WASTE PROGRAM

REGISTRATION AND

PERMIT AND/OR MANIFEST

OTHER REQUIREMENTS

14.

APPARENT VIOLATiON OF:

(

)

PCB;

(

)

CIRCUIT COURT

CASE NUMBER:

ORDER_ENTERED ON:

15.

OTHER:

Section

616.201

(1

Ce~

ignature

of Inspector(s)

Informational Notes

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 Iirriiting 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

I

and

2.

above.

4.

The p~ovisionsof subsection

(p)

of Section

21

of the Illinois

Environmental Protection

Act shall

be

enforceable

either

by administrative citation

under Section

31.1

of the Actor by complaint under Section 31

of the Act.

5.

This inspection was conducted

in accordance with Sections 4(c)

and 4(d) of the lllinoisj

Environmental

Protection Act:

415

ILCS

5/4(c) and (d).

(Open Dump

-2)

---

LPC#:

1 43O05504~

Inspection

Date: May 17,

2000

6.

Items

marked with

an “NE” were not evaluated at the time of this

inspection.

7.

Statutory effective date: through

7/9199.

6.

Regulatory effective date: through

5/20199,

(Open Dump

-

3)

---

1430055048--PeoriaCounty

Palmer,

Palmer, & Kn

Property

May

17, 2000

RECE

James Jones

•

D

Pagelof2

JUN202000

NARRATIVE

On Wednesday, May 17,2000, James Jones ofPeoria-DLPCIFOS investigated citizencomplaint #C-

00-067-P at the Bartonville Industrial Park in Bartonville, Illinois (formerly PeoriaMental Health

Hospitial).

The property is

located on Constitution Avenue in a building formerly called the “Old

Bakery” building.

The building has no street number.

According to the complainant,

demolition

waste from the demolishing of the “Old Bakery” building was being dumped

at the rear, the side,

and down into the ravine ofthe property by

contractors.

Duringthe investigation, Jones observed building demolition waste consistent with the make-up of

the materials in the building on the property.

Bricks

mixed with

splintered

boards, metal wiring

insulation, aixi apparent asbestos

piping

insulation was observed dumped in several locations on the

property (see site

sketch).

The open dumped building demolition waste extended down

into the

ravinewhere a smallstreamtraversedacross theproperty. Tbi~

is significant becauseit began to rain

during the invastigation, and the potential forwater pollution to occur was increased, in that, the rain

could have washed asbestos fibers down the ravine into the stream.

Following the investigation, Jones talked to John Palmer Sr. aboutthecomplaint.

According to Mr.

Palmer, the building and

property is owned by himself,

Randall

Palmer and David Krulac.

Mr.

Palmer stated the building

and

property was

sold to

them by

the

City of Bartonville.

City of

Bartonyille

officials,

according

to

Mr.

Palmer,

did not tell

them

that permits

from DAPC

were

requiredprior

to

demolition ofthe

building.

Inaddition, Mr. Palmerclaims that they were also told

by City ofBartonville

officials that

itwas

alrightt&ddmolishthe

building and place the contents

on-

site.

Based

on Jones’ findings during the investigation,

th

following apparent violations were cited

on

the “Open Dump

Inspection

Checklist”:

Section

12(a) ofthe Act

-

Causing,

threatening or

allowing water pollution.

Palmer, Palmer,

&

Krulac

caused or allowed water pollution

by

open dumping building

demolition waste on their property.

Seciion

12(d) ofthe

Act

-

Creating a water poIluti~n

hazard.

Palmer, Palmer,

&

Krulac created a

water.

pollution

hazard by

open

dumping

building

demolition

waste

on their

property.

Section

21(a) ofthe Act

-

Causing or allowing opexi

dumping.

Palmer, Palmer, &

Krulac caused

or

allowed the open

dumpingofbuilding demolition waste

on

their property.

---

1430055048

--

PeoriaCounty

Palmer, Palnier, & Kr

Property

Ma~

17, 2000

James Jones

Page2

of2

Section 21(e) of the

Act

-

Disposing

any waste at a site not meetingthe requirements of the Act and

Regulations.