BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE
CE ~V E~D
CLERK’S
OFFICE
SEP
052003
ILLINOIS ENVIRONMENTAL
)
STATE OF ILUNOJS
PROTECTION AGENCY,
)
Pollution
Control
Board
)
Complainant,
)
AC
~9cJ
—1)
)
v.
)
(IEPA No. 392-03-AC)
)
ROGER RAY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Roger Ray
601 West Jefferson
Sullivan, illinois 61951
PLEASE TAKE NOTICE that on this date Imailedfor filing with the Clerk ofthe Pollution ControlBoardofthe
State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION, AFFIDAVIT, andOPEN
DUMP INSPECTION CHECKLIST.
Respectftilly submitted,
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:
September 2, 2003
ThIS
FILING
SUBMITTED ON RECYCLED PAPER
RECEIVED
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
CLERK’S OFF!(~
ADMINISTRATIVE CITATION
SEP
052003
STATE
OF
ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA No. 392-03-AC)
ROGER RAY,
)
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 Roger Ray (“Respondent”) is the present ownerand operatorofafadiltylocated
on
the southeast side
of the intersection
between
the railroad
tracks and
750
East in
Kirksville,
Moultrie County,
Illinois.
The property is commonly known to the Illinois
Environmental Protection
Agency as Kirksville/Ray.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and is designated with
Site Code
No. 1398065001.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That
on
July
8,
2003,
Deanna
Carlock
of
the
Illinois
Environmental
Protection
Agency’s
Champaign
Regional
Office
inspected
the
above-described
facility.
A
copy
of
her
inspection
report setting
forth
the results of said
inspection
is attached
hereto
and
made a
part•
hereof.
1
VIOLATIONS
Based
upon direct observations made by
Deanna Carlock during the course of her July
8,
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)(l) of the Act, 415
ILCS
5/21(p)(1)
(2002).
(2)
That
Respondent caused
or allowed
the open
dumping
of
waste
in
a
manner
resulting
in
open
burning,
a
violation
of
Section
2l(p)(3)
of
the
Act,
415
ILCS
5/21 (p)(3) (2002).
(3)
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 ordemolition debris, a violation of Section 21(p)(7) of the Act, 415 ILCS
5/21 (p)(7) (2002).
CIVIL
PENALTY
Pursuant
to
Section
42(b)(4-5) of
the Act, 415
ILCS 5/42(b)(4-5)
(2002),
Respondent is
subject
to
a
civil
penalty of
One Thousand
Five
Hundred
Dollars
($1,500.00)
for each
of the
violations
identified
above,
for
a total
of
Four Thousand
Five
Hundred
Dollars
($4,500.00).
If
Respondent elects
not
to
petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above shall
be due
and
payable
no
later
than
September 30, 2003,
unless otherwise
provided
by order of the Illinois
Pollution Control Board.
2
If Respondentelects to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
Pollution Control Board
issues a finding of violation as alleged herein, after an adjudicatoryhearing,
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 One Thousand
Five
Hundred
Dollar ($1,500.00) statutory civil penalty for each
violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002),
if Respondentfails
to petition orelects notto petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois
Pollution Control
Board shall
adopt a
final
order,
which shall include
this Administrative
Citation and
findings
of
violation
as
alleged herein, and shall impose the statutory civil penalty specified
above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection Agency,
1021
North
Grand Avenue East,
P.O.
Box 19276, Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondent
shall complete
and
return
the
enclosed
Remittance Form to
ensure proper documentation of payment.
Ifany civil penalty and/or hearing costs are not paid wit-hiiithe~tim~
prescribed .byorderofthe
Illinois Pollution
Control
Board,
interest on
said
penalty and/or
hearing
costs
shall
be
assessed
againstthe Respondents from the date payment is due up to and includllrig the date that payment is
received.
The Office of the Illinois Attorney General may
be
requested
to
initiate
proceedings
against Respondent in Circuit Court to
collect said
penalty and/or hearing costs, plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance
with Section 31.1
of the Act, 415 ILCS 5/31.1(2002).
If Respondent elects to contest
this Administrative
Citation,
then
Respondent shall file a signed
Petition
for Review,
including a
Notice
of Filing,
Certificate
of Service,
and
Notice
of Appearance,
with
the
Clerk of
the Illinois
Pollution Control Board, State of Illinois
Center, 100 West Randolph, Suite 11-500, Chic~go,
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 theAct 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.
~
.c
~
Date:
ct12~(O~
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. 392-03-AC)
ROGER RAY,
)
)
Respondent.
FACILITY:
Kirksville/Ray
SITE CODE NO.:
1398065001
COUNTY:
Moultrie
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION:
July 8, 2003
DATEREMITTED:
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:
)
)
)
)
~RO&E~.
v~j
)
IEPADOCKETNO.
~2~o~-A
)
)
)
Respondent
)
Affiant, Deanna Carlock, being first duly sworn, voluntarily
deposes and states as follows:
1.
Affiant is
a field inspector employed by the Land Pollution
Control Division of the
Illinois Environmental Protection Agency and has been so employed at all
times pertinent
hereto.
2. On July
8, 2003,
between 7: 50 a.m. and 8:00 a.m., Affiant conducted
an inspection of
the open dump in Moultrie County, Illinois, known as Kirksville/Ray, Roger
open dump,
-.
Illinois Environmental Protection Agency Site No. LPC1398065001.
3.
Affiant inspected said Kirksville/Ray, Roger open dump
by an on-site inspection that
included walking the site, and taking photographs.
~
Subscribed and Sworn to
before me
this
~9~day
of
_____________,
~
NOTARYP(JBLIC~STATEOFILUNOIS
2 003.
~_iP~ES1~J
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Moultrie
LPC#:
1398065001
Region:
4
-
Champaign
Location/Site Name:
Kirksville/Ray,
Roger
Date:
07/08/2003
Time:
From
7:50 a.m.
To
8:00 a.m.
Previous Inspection
Date:
07/05/2003.
Inspector(s):
Deanna
Carlock
Weather:
Sunny, hot,
lower 80s degrees F.
No. of Photos Taken:
#
6
Est. Amt. of Waste:
3
yds3
Samples Taken:
Yes #
No
~
Interviewed:
Complaint #:
C04-003-CH
Roger Ray
Responsible
Party
601
W. Jefferson
:P
Mailing Address(es)
/
and
Phone
Sullivan,
IL
61951
.
Number(s):
217-728-8663
iii!
1 ~
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN ILLINOIS
2..
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
E
4.
12(d)
CREATE A WATER POLLUTION HAZARD
.
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 ofAny Regulations or StandardsAdopted 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
Z
(2)
Scavenging
.
L
(3)
Open Burning
.
(4)
Deposition_ofWaste in Standing or Flowing Waters
D
(5)
Proliferation of Disease Vectors
LI
(6)
Standing or Flowing
Liquid
Discharge from the
Dump
Site
L
Revised 06/18/2001
(Open Dump
-
1)
Illinois Environmental
Protection Agency
Bureau of Land•Field Operations Section.Champaign
LPC# 139806500 1—Moultrie
County
Sullivan/Ray, Roger
FOS File
/..
(
/
Complaint#C04-003-CHI
..
~.!
~S7~TT
Inspector:
Deanna Carlock
~‘f/~
Inspection Date:
8 July 2003
•~
2u~~
GIS Data: Latitude-N 39. 57037°
“,
Longitude-W 088.6702°”(www.mapsonus.com)
~
/
~‘
i
OPEN
DUMP
INSPECTION NARPATIVE
On July 8, 2003,
from approximately
7:50
to 8:00 a.m. I
inspected the above-referenced
unpermitted site, located on
the southeast corner ofthe intersection ofCounty Road 750E and the
railroad track inBlock three ofthe J.W.Evans’ Second Addition to Kirksville, Illinois. Roger B.
and
Lynda S.
Ray own the site.
The purpose ofthe inspection was to respond to a citizen
complaint
and
determinewhetherthe sitewas in compliance withthe Environmental Protection
Act (Act)
and
Title
35
Illinois Administrative Code,
Subtitle
G: Land Pollution (Regulations).
The weather was sunny, about 80°F.
Six photos were taken.
No one else was on site during the
investigation.
Site History:
This site was originallyinspected on April
15,
2003 in response to a complaint ofopen dumping
and burning on the site. A large burn pile and other waste were found on site. On May 23, 2003,
the owner, Roger Ray ofSullivan, was sent an Administrative Citation Warning Notice citing
open burning
and open dumping ofwaste,
including general construction or demolition
debris.
The Notice required all waste to be removed to a permitted landfill or transfer station by July
1,
2003
and the immediatecessation ofall open dumping and open burning.
On July 4, 2003, an inspection in response to another citizen complaint found open burning had
occurred in a dug hole on site. On July
5,
2003, an inspection
found additional open burning had
occurred in the same hole.
Inspection Findings:
I arrived at the site and saw what appeared to be the same large pile ofdirt
(see Photo
#
5)
that I
had seen on site during my previous inspections on July 4 and July
5.
Inside the hole were
additional burned waste that had not been there on July
5,
including flat metal pieces and
partially burned boards and particleboard.
The truck and backhoe were still on site.
Thefollowing violations
were observed during this inspection.
Summary of Apparent Violations:
Environmental Protection Act.(Act)
415 ILCS5/1
et. seq
#1
Pursuant to Section 9(a) ofthe Act, no person shall cause orthreaten or allow the
.
discharge or emission of
any
contaminant into the
environment in any State so as to cause
or tend to cause air pollution in Illinois,
either alone or in combination with contaminants
from other sources, or so as to violate regulations or
standards adoptedby the Board
LPC # 1398065001
Inspection Date
7-8-03
FOS
FILE
A violation ofthis section is alleged because the open dumping of waste was caused or
allowed in a manner that resulted in open burning.
#9.
Pursuant to 35 Ill. Adm. Code 812.101(a), all persons, except those specifically exempted
by Section
2 1(d) of the Act, shall submit to the Agency an application for a permit to
develop and operate a landfill.
A violation ofthis section is
alleged because a waste disposal site was operated
without submitting to the Illinois
EPA an application for a permit to develop and
operate a landfill.
3
Illinois Environmental Protection Agency
-
-
-
-
-
LPC # 1398065001--Moultrie
County
Sulliban
/
Ray, Roger
Photos taken July 8, 2003
Site
Photo
Map
4.~
r~i
JK~I
1
& 6
2~
N
5.
-E
Map not to Scale
Arrows indicated direction
and location of Photos
JR Trick-
-
-
Yellow
Shed
N
C
L)
w-
S
White
House
Illinois Environmental Protection Agency
Bureau of
Land
DIGITAL PHOTOGRAPHS
LPC #1
398065001 —Moultrie County
Kirksville/Ray,
Roger
FOS File
Date:
7-8-03
Time:
7:55 a.m.
Direction:
East
Photo by:
D.
Carlock
Photo
File Name:
1398065001 —07082003-001
Comments:
Date:
7-8-03
Time:
7:56
a.m.
Direction:
North
Photo by:
D.
Carlock
Photo
File Name:
1398065001
—
07082003-002
Comments:
PC
#1 398065001 —Moultrie County
Kirksville/Ray,
Roger
FOS File
Date:
7-8-03
Time:
7:56
a.m.
Direction:
North
Photo by:
D.
Cartock
Photo File Name:
1398065001
—
07082003-003
Comments:
Date:
Time:
Direction:
Photo by:
Photo File Name:
1398065001
—
07082003-004
Comments:
7-8-03
7:57
a.rn.
East
D. Carlock
2
LPC #1 398065001—Moultrie County
Kirksville/Ray, Roger
FOS File
Date:
7-8-03
Time:
7:57
a.m.
Direction:
North
Photo by:
D.
Carlock
Photo File
Name:
1398065001
—
07082003-005
Comments:
Date:
7-8-03
Time:
7:58 a.m.
Direction:
West
Photo by:
D.
Carlock
Photo File Name:
1398065001
—
07082003-006
Comments:
3
PROOF OF SERVICE
I hereby certify that I did on the 2~day ofSeptember,
2003, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United
States Post Office
Box a true and correct copyof
thefollowing instrument(s) entitled
ADMINISTRATIVE CITATION,
AFFIDAVIT, and
OPEN
DUMP
INSPECTION CHECKLIST
To:
Roger Ray
601
West Jefferson
Sullivan, Illinois
61951
and
the original andnine (9) true
and correct copies ofthe same foregoing instruments on the same
date by Certified Mail with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
~
Michelle M. Ryan
-
Special AssistantAttorney General
illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING
SUBMITTED ONRECYCLEDPAPER
