BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICF
ADMINISTRATIVE CITATION
AUG
6
2003
STATE
OF
ILUNOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
~)
~1~’
)
v.
)
(IEPA No. 389-03-AC)
)
JERRY SUMMERS,
)
)
Respondent.
)
NOTICE OF FILING
To:
Jerry Summers
Rural Route
1, Box
144
Vandalia, Illinois 62471
PLEASE TAKE NOTICE that on this date I mailedfor filing with the Clerk ofthe Pollution Control Board of the
State ofIllinois the following instrument(s) entitled ADMiNISTRATIVE CITATION, AFFIDAVIT, and OPEN
DUMP INSPECTION CHECKLIST.
Respectfullysubmitted,
~LJ~
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
August
1, 2003
THIS
FILING
SUBMITTED ON RECYCLED
PAPER
INFORMATIONAL NOTICE!!!
IT
IS IMPORTANT THAT YOU
READ THE ENCLOSED
DOCUMENTS.
NOTE:
This Administrative Citation
refers toTWO_separate State
of Illinois Agencies.
One
is the ILLINOIS POLLUTION
CONTROL BOARD located at State of Illinois Center,
100 West Randolph Street, Suite
11-500, Chicago,
Illinois
60601.
The other state agency is the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY located
at:
1021
North Grand Avenue East, P.O.
Box 19276,
Springfield, Illinois 61794-9276.
If you elect to contest the enclosed Administrative citation, you must
file a PETITION FOR REVIEW with thirty-five (35) days of the date
the Administrative Citation was served upon you.
Any such Petition
for Review must be filed with the clerk of the Illinois Pollution Control
Board by either hand delivering or mailing to the Board at the address
given
above.
A copy of the
Petition for Review should be either
hand-delivered or mailed to the Illinois Environmental
Protection
Agency at the address given above and should
be marked to the
ATTENTION:
DIVISION OF LEGAL COUNSEL.
-
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
CLERR’S
OFFICE
ADMINISTRATIVE CITATION
/L\UG
62003
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 389-03-AC)
JERRY SUMMERS,
Respondent.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency by Section 31.1
of the Illinois Environmental Protection Act, 415
ILCS 5/31.1
(2002).
FACTS
1.
That Jerry Summers
is the present
owner and
operator of a facility located
in
the
Southeast Quarter of Section 29, Township 6 North, Range I
East of the Third Principal Meridian,
Fayette County,
Illinois.
The property is commonly known to the Illinois Environmental Protection
Agency as Vandalia/Summers.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and is designated with
Site Code
No. 0518175007.
3.
That Respondent has owned and operated said facility at all times
pertinent hereto.
4.
That on June 3, 2003, John Senjan of the Illinois Environmental Protection Agency’s
Collinsville Regional
Office inspected the above-described facility.
A copy of his inspection report
setting forth the results of said inspection
is attached
hereto and
made a part hereof.
VIOLATIONS
Based upon direct observations made byJohn Senjan during thecourseof his June 3, 2003
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that
Respondent has violated
the Illinois
Environmental Protection Act (hereinafter, the “Act”) as
follows:
(1)
That
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
litter,
a
violation
of
Section
21(p)(1)
of the Act, 415
ILCS
5/21(p)(l)
(2002).
(2)
That
Respondent
caused
or allowed
the open
dumping
of
waste
in
a
manner
resulting
in
deposition
of
general
construction
or
demolition
debris
or
clean
construction or demolition debris, a violation of Section 21(p)(7) of the Act, 415 ILCS
5/21(p)(7)
(2002).
CIVIL PENALTY
-
On
March 6,
2003,
the
Board found
Jerry Summers
in
violation of Section
21(p)(1)
and
21 (p)(7) of the Act in AC 03-18.
Pursuant to Section 42(b)(4-5) of the Act, 415
ILCS 5/42(b)(4-5)
(2002),
Respondent is subject to
a civil penaltyof Three Thousand
Dollars ($3,000.00) for each of
the violations identified above, fora total of Six Thousand Dollars
($6,000.00). IfRespondentelects
not to petition the Illinois Pollution Control Board, the statutory civil penaltyspecified above shall be
due and payable no
later than August 31, 2003,
unless otherwise provided by order of the Illinois
Pollution Control
Board.
IfRespondent elects to contest this Administrative Citation by petitionirtg the illinoisPollution
Control Board
in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, afteran adjudicatory hearing,
2
Respondent shall be assessed the associated hearing costs incurred bythe Illinois Environmental
Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed
in addition
to
the Three Thousand Dollar ($3,000.00) statutory civil penalty for each violation.
Pursuant to Sectibn 31.1 (d)(I) of the Act, 415
ILCS 5/31.1 (d)(I) (2002),
if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days
of the date of service, the
Illinois Pollution
Control Board
shall
adopt
a
final
order, which
shall
include
this
Administrative
Citation
and
findings
of violation
as
alleged herein, and shall impose the statutory civil penalty specified above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection Agency,
1021
North
Grand Avenue
East,
P.O.
Box 19276, Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondent shall
complete and
return
the
enclosed
Remittance Form to
ensure proper documentation of payment.
Ifany civil penaltyand/or hearing costs are not paid within the time prescribed
byorder of the
Illinois
Pollution
Control
Board,
interest
on
said
penalty and/or hearing
costs shall
be
assessed
againstthe Respondentfrom the date payment is due
up to-and incIudir~gthe date that payment is
received.
The Office
of
the Illinois
Attorney General
may be
requested
to
initiate proceedings
against Respondent in Circuit Court to collect said penalty and/or hearing costs,
plus any interest
accrued.
3
PROCEDURE FOR
CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance with Section 31.1
of the Act, 415 ILCS 5/31/1
(2002).
If Respondent elects to contest
this Administrative
Citation, then
Respondent shall file a signed
Petition
for Review, including
a
Notice
of
Filing,
Certificate of
Service,
and
Notice
of Appearance,
with
the Clerk
of
the Illinois
Pollution-Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
A copy of said Petition
for Review shall
be filed with the Illinois Environmental Protection
Agency’s Division of Legal Counsel
at 1021
North Grand Avenue East, P.O.
Box 19276, Springfield,
Illinois 62794-9276. Section 31.1
of the Act provides that any Petition for Review shall be filed within
thirty-five
(35)
days
of the date
of
service
of this Administrative
Citation or the
Illinois
Pollution
Control
Board
shall enter a default judgment against the Respondent.
ge~vh4.L
Ct1t4.e~t~
Date:
______
Renee Cipriano, Director
.4.~
~
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. 389-03-AC)
)
JERRY SUMMERS,
)
)
Respondent.
)
FACILITY:
Vandalia/Summers
SITE
CODE NO.:
0518175007
COUNTY:
Fayette
CIVIL
PENALTY:
$6,000.00
DATE OF INSPECTION:
June
3, 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:
)
)
ILLINOIS ENVIRONMENTAL
)
LPC# 0518175007
-
FAYETTE COUNTY
PROTECTION AGENCY,
)
VAN)ALIA /
SUMMERS, JERRY
Complainant
)
COMPLIANCE FILE
--
-
-
-
-
-
-
)
-~_/
vs.
)
JERRYSUMMERS
)
.‘~-I
I
‘~
Respondent
)
-~
)
I
Affiant, John S. Senjan being first
duly sworn, voluntarily deposes and states as -follows:
1.
Affiant is a field inspectors employed by the LandPollution Control Division ofthe
Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On June 3, 2003 between- 10:30 a.m. and
11:00
a.m., Affiant conducted an inspection of
an open dump operated without an Agency permit, located in Fayette County, Illinois and
known as Summers, Jerry, by the Illinois Environmental Protection Agency.
The said
site is commonly known to
the Agency as LPC#
10518175007-Fayette County,
VandalialSummers, Jerry.
-
3.
Affiant inspected said VandalialSummers, Jerry siteby an on-site inspection, which
included walking and photographing the site.
4.
As a result ofthe activities referred to
in Paragraph 3
above, Affiant completed the
Inspection Checklist 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 VandalialSummers, Jerry open dump site.
Subscribed and Sworn To before me
This
17th day ofJune
2003
SEAL
?a~J~
Ot~A~
Notary Public
“OFFiCiAL
SEAL”
Paula
Ottensmeier
Notary Public,State of illinois
~ MyCommission Expires
~
-
‘.—.*-.-
Il~
~/o~a
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Fayette
-
LPC#:
0518175007
Location/Site Name:
Vandalia/Summersa
-
Date:
06/03/2003
Time:
From
10:30 am
To
11:00 am
Previous Inspection Date:
11/21/2002
Inspector(s):
John
Senjan
Weather:
70 °Fovercast
No. of Photos Taken:
#
2
Est. Amt. of Waste:
120
yds3
Samples Taken:
Yes #
No
~
Interviewed:
Jerry Summers
Complaint #:
C-2003-009
Responsible
Party
Mailing Address(es)
and Phone
Number(s):
Jerry Summers
R.R.
1,
Box
Vandalia,
IL
144
6247
-
1i/\./
~
2~7Q3
~
SECTION
DESCRIPTION
J
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
Li
2.
9(c)
CAUSE OR ALLOW OPEN
BURNING
Li
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
Li
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
Li
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
(2)-
In
Violation of Any Regulations or Standards Adopted by the Board
-
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT
MEETING REQUIREMENTS OF ACT
8.
21(p)
CAUSE OR ALLOW THE
OPEN
DUMPING
OF ANY WASTE IN A MANNER WHICH RESULTS
IN
ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
(1)
Litter
(2)
Scavenging
Li
(3)
Open
Burning
Li
(4)
Deposition of Waste
in Standing or
Flowing Waters
Li
(5)
Proliferation
of Disease Vectors
Li
(6)
Standing or Flowing
Liquid Discharge
from the Dump
Site
D
Region:
6
-
Collinsville
Revised 06/18/2001
(Open Dump
--
1)
LPC#
0518175007
Inspection Date:
06/03/2003
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
Demolition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open
Dumping of Any Used or Waste
Tire
-
Li
(2)
Cause or Allow Open
Burning of Any Used or Waste Tire
Li
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLEG
-
10.
812.101 (a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
-
-
12.-
808.121
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
Li
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(~)
PCB;
(LII)
CIRCUIT COURT
CASE NUMBER:
-
ORDER ENTERED
ON:
Li
15.
OTHER:
Li
Li
Li
Li
Li
.~
,~
Li
ignature of Inspector(s)
Informational Notes
7/
1.
Illinois
Environmental Protection Act: 415 ILØ~$
5/4.
2.
Illinois Pollution
Control Board:
35
Ill.
Adm.
Code,
Subtitle G.
3.
Statutory and regulatory references herein are provided forcorwenience only
and should
not
be
construed-as
fegal
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 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 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
-
(OpenDump
-
2)
LPC# 0518 15Q07
—
Fayette County
-
-
-
--
-
-~
Vandalia/Summers, Jerry
I:
-~
Compliance File
-
~
—
REMARKS
-~
-
-
-~
Site History
This site has a history that dates back to
January
25,
2000,
when it was first inspected based on a
citizen complaint.
That inspection lead to a Violation Notice Letter L—2000-0 1040 for open
dumping being sent to the respondent, Jerry Summers.
Mr. Summers operates a small
-
construction demolition servicejust outside ofthe city ofVandalia.
Mr. Summers eventually
was able to clean up the site, but disposal receipts were neverprovided to the Agency.
Based on a second citizen complaint, the site was again inspected on November 21, 2002.
As
before, a second open dump was located at a different location on Mr. Summer’s property.
When interviewed, Mr. Summers admitted to
doing the open dumping.
The result ofthat
inspection was an Administrative Citation being sent to Mr. Summers on January 10, 2003.
The
AC contained a penalty of$3,000.
In addition to the AC, a Notice of Corrective Action
Required for Open Dumps was sent to
Mr. Summers on March 3, 2003.
The notice set a cleanup
deadline for June 2, 2003.
The following re-inspection was conducted on June 3,
2003.
Inspection
When I arrived at the site, I found Mr. Summers at his mailbox.
During the following interview,
Mr. Summers stated that he had removed one load ofthe demolition debris.
However, he could
not provide a receipt forverification.
Mr. Summers then accompanied me during the physical
inspection ofthe dumpsite.
During the inspection, I found that everything appeared as it did
during
the November 21, 2002 inspection.
Only two photos were taken ofthe site because a
proper angle was hard to find.
Since the dumpsite is on a hillside, the dense vegetation is
-
covering the majority ofthe site.
The open dump in the nearby barrow pit also appeared to be the same.
However, the barrow pit
itself had changed somewhat.
There was a trackhoe parked next to pit.
There were signs that it
had recently been removing dirt.
I found this
significant, in that, Mr. Summers possesses the
tools necessary to clean up a site as large as his.
I originally estimated that there was 120
cubic
yards at the site.
This may be a conservative estimate, since most ofthe dump is covered with
dirt making a closer estimation impossible.
During the June 3, 2003 inspection the following violations were again noted:
Section 21(d)(1)
—
Conducting any waste-disposal operation without a permit.
Section 21(d)(2)
—
Conducting any waste-disposal operation in Violation of any
Regulations or Standards adopted by the Board.
Section 21Q)(1)
—
Cause or allow the open dumping of any waste in a manner, which
results in litter.
-
LPC# 051815.007
—
Fayette County
Vandalia/Summers, Jerry
Compliance File
Page 2
Section 21
(p)(7)
—
Cause or aliow the open dumping ofany waste in a manner which
results
in the deposition ofgeneral construction or demolition debris.
Section 812.101(a)
—
Failure to submit an application for a permit to develop and operate
a landfill.
Section 722.111
—
Failure to make a hazardous waste determination for the drums located
at the dumpsite.
cc:
DLPC/FOS
-
Collinsville Region
LPC #0518175007 —Fayette County
Vandalia / Summers
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
June 3, 2003
TIME:
10:30a.m.
DIRECTION:
SE
PHOTO by:
John Senjan
PHOTO FILE
NAME:
051 8175007—06032003-001
COMMENTS:
DATE:
June 3, 2003
TIME:
10:30a.m.
DIRECTION:
SE
PHOTO by:
John Senjan
PHOTO FILE
NAME:
05181 75007-~06032003-002
COMMENTS:
State ofIllinois
Environmental Protection Agency
Facility Diagram
Date ofInspection:
June 3, 2002
Site Code:
Site Name:
0518175007
Summers
Mr. Summers
Residence
Inspector:
John Senjan
County:
Fayette
Time:
10:30a.m.
N
Borrow Pit
2
Forty yard container
PROOF OF SERVICE
I herebycertify that I did on the
1st
dayofAugust, 2003, send by CertifiedMail, Return Receipt
Requested, with postage thereon fullyprepaid, by depositing in-aUnitedStates Post Office Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Jerry Summers
-
Rural Route 1, Box 144
-
Vandalia, Illinois 62471
and the original and nine
(9)
true
and
correct copies of
the same foregoing instruments on the same
date by Certified Mail with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution ControlBoard
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ryan~’
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS
FILING SUBMITTED ON RECYCLED PAPER
