KECEIVE~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
(‘1
~P~S
OFFICE
ADMINISTRATIVE CITATION
5EP
10
2003
SiAfE OF
ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
V ~
)
v.
)
(IEPA No. 393-03-AC)
)
RICKY and JERRY HESS,
)
)
Respondents.
)
NOTICE OF FILING
To:
Ricky and Jerry Hess
Rural Route 4
Box 102
Bloomington, Illinois 61704
PLEASE TAKE NOTICE that on this date I mailed for filingwith the Clerk ofthe Pollution Control Board of the
State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION, AFFIDAVIT, and OPEN
DUMP INSPECTION
CHECKLIST.
Respectfully submitted,
j~auft~~
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
8, 2003
THIS FILING SUBMITI’ED ON RECYCLED PAPER
RECEIVED
CLERK’S OFW~
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
SEP1OZ°°3
ADMINISTRATIVE CITATION
-
STATE OF ILUNO
pollution
Control Boar
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
)
v.
)
(IEPA No. 393-03-AC)
)
RICKY and JERRY HESS,
)
Respondents.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental
Protection Agency by Section 31.1
of the Illinois Environmental Protection Act, 415
ILCS
5/31.1
(2002).
FACTS
1.
That Ricky and Jerry Hess (collectively “Respondents”) are the present owners and
operators
of a facility
located
south of Old
Peoria
Road
and
the abandoned
railroad
tracks,
in
Bloomington, McLean County, Illinois. The property iscommonly known to the Illinois Environmental
Protection Agency as Bloomington/Hess.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and is designated with Site Code No.
1138135002.
3.
That Respondents have owned and operated said faci1Lty~ataJItirnes:pertinent
hereto
4.
That
on
July
14,
2003,
Dustin
Burger
of
the
Illinois
Environmental
Protection
Agency’s
Champaign
Regional
Office
inspected
the
above-described facility.
A
copy
of
his
inspection
report setting
forth
the results
of said
inspection
is attached
hereto
and
made a part
hereof.
I
VIOLATIONS
Based
upon direct observations
made
by Dustin
Burger during the course
of his July 14,
2003
inspection
of
the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined that
Respondents
have violated the Illinois Environmental Protection Act (hereinafter,
the “Act”) as follows:
(1)
That
Respondents
caused
or allowed
the
open
dumping
of waste
in
a
manner
resulting
in
litter,
a
violation
of
Section
21(p)(l) of the
Act, 415
ILCS
512l(p)(1)
(2002).
CIVIL
PENALTY
Pursuant to Section
42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002), Respondents are
subject
to
a
civil
penalty of
One
Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
of
the
violations
identified
above,
for
a total
of
One Thousand
Five
Hundred
Dollars
($1,500.00).
If
Respondents
elect
not
to
petition
the
Illinois
Pollution
Control
Board,
the statutory
civil
penalty
specified above
shall
be due
and
payable
no
later than
September
30. 2003,
unless otherwise
provided by order of the Illinois
Pollution Control
Board.
If Respondents elect to contestthis Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1 of the Act, 415 ILCS5/31.1
(2002), and if the Illinois
Pollution Control Board issues a finding of
violation as alleged herein, afteran adjudicatory hearing,
Respondents shall be assessed the associated hearing:
stsii,curred: by thelllinois 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 Respondents fail
to
petition or elect not to petition the Illinois Pollution Control Board for reviewof this Administrative
2
Citation within thirty-five (35) days
of the date of service, the Illinois Pollution
Control
Board shall
adopt
a
final
order,
which
shall
include
this
Administrative
Citation
and
findings
of violation
as
alleged
herein, and shall impose the statutory civil penalty specified above.
When
payment
is
made,
Respondents’
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection
Agency,
1021
North
Grand Avenue
East,
P.O.
Box 19276,
Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondents shall
complete and
return the enclosed
Remittance
Form to ensure proper documentation of payment.
Ifany civil penaltyand/or hearing costs are not paidwithin the time prescribed byorderof the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or hearing
costs shall
be
assessed
against the Respondents from the date payment is duei~p~to~and’includingthedate-thatpaymentIs
received.
The Office
of
the Illinois
Attorney General
may be
requested
to
initiate
proceedings
against Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
r
L
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents
have
the
right
to
contest
this Administrative
Citation
pursuant
to
and
in
accordance
with Section 31.1
of the Act, 415 ILCS 5/31/1
(2002).
If Respondents elect to contest
this Administrative Citation, then
Respondents shall file a
signed
Petition for Review, including
a
Notice
of
Filing,
Certificate
of
Service,
and
Notice
of Appearance,
with
the Clerk of the
Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
A copy of said Petition for Review shall be filed
with the Illinois Environmental
Protection
Agency’s Division of Legal Counsel at 1021
North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section 31.1
of the Act provides that any Petition for Review shall be fliedwithin
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.
D
~
“-4/7~7
/U-~t--1-~---
Date:
q
(a
I~3
Renee Cipriano, Dire~or
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
CU~’~
~
SEp
1
0
2003
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
S7?TE
OF
ILLINOIS
-
)
~°~~~tIO,i
C~~?trnI
Board
Complatnant,
)
AC
v.
)
(IEPA No. 393-03-AC)
RICKY and JERRY
HESS,
)
)
Respondents.
)
FACILITY:
Bloomington/Hess
SITE CODE NO.:
1138135002
COUNTY:
McLean
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
July
14, 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 AGENWE?~E IV ED
CLERK’S
OFFICE
AFFIDAVIT
SEP
102003
-
STATE
OF ILLINOIS
Pollution
Control Board
)
IEPADOCKETNO.
3q3-o~-4~
)
)
Respondent
)
Affiant, Dustin Burger, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiantis a fieldinspector employed by theLand Pollution ControlDivision oftheIllinois
Environmental Protection Agency and has been so employed at
all times pertinent hereto.
2.
On July 14, 2003 between 12:10 P.M.
and 12:15 P.M., Affiant conducted an inspection of
the site in McLeanCounty, Illinois, known as Bloomington/Hess, Illinois Environmental Protection
Agency Site No.
1138135002.
3.
Affiant inspected said Hess siteby an on-siteinspection which includedphotographing the
site.
4.
As
a result of the
activities
referred
to
in Paragraph
3
above, Affiant completed the
Inspection Report form
attached hereto
and
made a part hereof, which,
to
the best of Affiant’s
knowledge and belief, is an accurate representationofAffiant’s observations and factual conclusions
with respect to the Bloomington/Hess site.
Subscribed and Sworn to before me
this
~
~day of
-~
~
I
2003
SHARON IBARGER
NOTARY PUBLIC
-
STATE OF IWNOIS
~
~
C/~
MY CO~Ss~N
EXP~ES.
O9.16~6
Notary Pubh’c
~)
iN THE MATTER OF:
Jerry and Ricky Hess,
County:
McLean
LPC#:
Location/Site Name:
Bloomington/Hess
Date:
07/14/2003
Time:
From
12:1OP
Inspector(s):
Dustin
Burger
No. of Photos Taken:
#
4
Interviewed:
NA
Jerry and Ricky Hess
RR4, Box
101
Bloomington,,
Illinois
61704
217/287-2937
ILLINOIS ENVIRONMENTAL PROTE~3I~~E~3Y
Open Dump Inspection
CheckIist~RK’S
OFF~.
1138135002
SEP
10
2003
_____
Region:
4
-
Champaign
STATE OF ILLINO!5
~__,
To
12:1 5P
Previo’i~gcW~t~’~’Ti
/17/2002
Weather:
Clear, calm, dry, 80s
-
Est. Amt. of Waste:
240
yds3
Samples Taken:
Yes #
Complaint #:
C02-149-CH
Responsible
Party
Mailing Address(es)
and Phone
Number(s):
No
D
~ECEJv~p
JIll 2
‘~
SECTION
DESCRIPTION
A01
VIOL
~1~’~~
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
8.
21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE
IN A MANNER WHICH RESULTS
(1)
Litter
(2)
Scavenging
LI
(3)
Open
Burning
LI
(4)
Deposition of Waste
in Standing or Flowing Waters
LI
(5)
Proliferation of Disease Vectors
LI
(6)
Standing or Flowing
Liquid
Discharge from the Dump
Site
LI
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1138135002--Hess
Inspection
Date:
07/14/2003
—
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
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
SUBTITLE G
10.
81 2.101 (a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO
DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
LI
12.
808.121
SPECIAL WASTE DETERMINATION
LI
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT,
UNIFORM WASTE PROGRAM
REGISTRATION
AND
LI
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
APPARENT VIOLATION OF:
(LII)
PCB;
(LII)
CIRCUIT COURT
LI
CASE_NUMBER:
ORDER ENTERED_ON:
14.
15.
OTHER:
LI
LI
LI
LI
LI
LI
Signature of Inspector(s)
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 forconvenience only and should
not be construed as legal
conclusions
of the Agency or as limiting the Agency’s statutory or regulatory powers.
Requirements of some statutes
and regulations cited
are in
summary format.
Full text of requirements can be found
in references listed in
1.
and
2.
above.
4.
The provisions of subsection (p) of Section
21
of the Illinois
Environmental
Protection Act
shall be enforceable either
by administrative citation under Section 31.1
of the
Act or
by
complaint
under Section
31
of the Act.
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the Illinois
Environmental
Protection Act:
415 ILCS
5/4(c)
and (d).
6.
Items marked with an “NE” were
not evaluated at the time of this
inspection.
Revised 06/18/2001
(Open Dump
-
2)
Illinois Environmental Protection Agency
Bureau ofLand
LPC#1 138135002—McLean County
Bloomington/Hess
July
14, 2003
-
Inspector:
Dustin Burger
ri/b
GIS Info: N 40.512639W 89.118500
Narrative Inspection Report
~p4
I conducted an open dumping inspection at the above referenced property on July
14,
~
~J
2003 from approximately 12:10 to
12:15 P.M.
This inspection was conducted to
determine the regulatory status and evaluate compliance with the Environmental
Protection Act (Act) and Title 35
Illinois Administrative Code, Subtitle G: Land
Pollution (Regulations). Fourphotos
and no samples were taken.
The weather was clear,
calm,
and dry, with temperatures in the 80s.
This
site claims to
be a metal recycling yard.
Both the County Zoning and
Health
Departments have received numerous complaints regarding the unkept property.
The
local
State’s Attorney Brian Hugg has asked for IEPA help since this facility was in
existence before the county enacted its junkyard ordinance and therefore was “grand
fathered” as an unregulated facility under county regulations.
-
The site consists ofa battered old home and equipment storage shed. The surrounding
yard and property is littered with debris.
Much ofthe material is metallic in nature and
could be salvaged, but there is no semblance of order to the mess.
Metal parts are
scattered throughout the property in overgrown fields rather than being neatly stacked or
piled where they could be retrieved for recycling.
Most ofthe metal piles also contained
non-recyclable materials such as scrap wood, plastic, or landscape waste.
The field
behind the equipment shed was littered with white goods
and is overgrown with weeds
Because ofthe extensive vegetation, it was obvious many ofthe piles ofdebris had been
present for an extended length oftime.
Ricky and Jerry Hess were sent an ACWN on July 23, 2002, which was initially rejected
for service.
I hand delivered an ACWN to
the Hess brothers on 8/16/2002 and explained
that the Agency considered all the material accumulated on the property wastes that
needed to be removed to
a properly permitted facility.
I re-inspected the site on October 17, 2002 and found only a small pile of metal near the
road had been removed.
The Agency granted a verbal request to extend the deadline for
removal to March
1, 2003
as the brothers indicated they were working during the harvest
season and would not be able to remove any wastes until the crops were out.
LPC#1 138135002—McLean County
BloomingtonlHess
Current Inspection
My current inspection consisted ofa inspection ofthe property form the public right-of-
way.
I did not see any ofthe Hess family when I arrived, and I was concerned about the
presence of several dogs that roamed the site.
From the countyroad, I could see that all
ofthe waste materials had not been removed.
The field northeast ofthe house still
contained wood, metal, and pallets @hoto
2), while the yard in front of the house still had
old refrigerators, lawn equipment, autos, wood, metal, and two old air-conditioners
(photo
1).
The drive to the east ofthe house was still strewn with white goods, metal, old
doors, a tire, and other materials.
Regulated Status
This
site is regulated as an open dump.
No effort has been made to segregate recyclable
materials from other wastes.
In addition, the material is scattered over a large area and is
overgrown with vegetation.
Apparent violations observed during this inspection:
Environmental Protection Act.
415 ILCS
5/1
et. seq. (formerly Ill.
Rev. Stat.
Ch.
111
1/2,
1001
et. seq.)
hereinafter
called the “Act”
#1
Pursuant to
Section 2 1(a) ofthe Act, no person shall cause or allow the open
dumping of any waste.
A violation of Section
2 1(a) is alleged for the following reason: evidence
of open
dumping of waste
was observed
during the inspection.
#2
Pursuant to Section 21(d)(1) ofthe Act, no person shall conduct and waste-
storage, waste-treatment, or waste-disposal operation without a permit
A violation of Section 21(d)(1) is alleged for the following reason: evidence
of
the operation ofa waste-storage, waste-treatment,
or waste-disposal
operation without
a permit was observed during the inspection.
#3
Pursuant to
Section 21(d)(2) ofthe Act, no person shall conduct and waste-
storage, waste-treatment, or waste-disposal operation in violation ofany
regulations or standards adoptedby the Pollution Control Board.
A violation of Section
21 (d)(2) is
alleged for the following reason:
evidence of
the operation ofa waste-storage, waste-treatment, or waste-disposal
operation in
violation of regulations
adopted by the Board
was observed
during the inspection.
2
LPC#l 138135002—McLean County
Bloomington/Hess
#4
Pursuant to Section
2 1(e) ofthe Act, no person shall dispose, treat, 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 andofregulations and standards thereunder.
A violation ofSection 21(e) is alleged for the following reason:
waste was
disposed, stored,
or
abandoned at this site which does not meet the
requirements ofthe Act and of regulations and standards thereunder.
#5
Pursuant to
Section 21Q~)(l)
ofthe Act, no one shall cause or allow the open
dumping ofany waste in a manner which results
in litter.
A violation ofSection 2l(p)(l) is
alleged for the following reason:
waste
was
open dumped at this site resulting in litter.
35
Illinois Administrative Code. (Title
35:
Environmental Protection,
Subtitle G:
Land
Pollution, Chapter I: Pollution Control Board)
Regulations
#6
Pursuant to
Section 812.101(a) ofthe Regulations, All persons, except those
specifically exempted by Section 2 1(d) ofthe Act, shall submit to the Agency an
application for a permit to develop and operate a landfill.
A violation of Section
812.101(a)
is alleged for the following reason:
this waste
management site has not submitted an application to the Agency for
a permit
to develop and operate a landfill.
3
LPC#1 1381 35002--McLean County
alcomingtoflfrless
July 14, 2003 Inspection
Site Sketch
INot to
Scale
wall
~.
Shed
Scattered Appliances
‘4
dr
Old
Peoria Road
2
VVaste
Abandoned RR
Waste
Home
Waste
Ag field
Numbers denote photos/direction
•
Illinois Environmental Protection Agency
Bureau
of Land
-
DIGITAL PHOTOGRAPHS
LPC #1138135002--McLean County
Bloomington/Hess
FOS
File
DATE: July
14, 2003
TIME:
12:10-12:15 A.M.
DIRECTION: South
PHOTO by: Dusfin Burger
PHOTO
FILE
NAME:
1138135002-07142003-001 .jpg
COMMENTS:
~.
.
—I
•
--
•
.__
r
~#.
~
.,,
.7
•
Illinois Environmental Protection Agency
Bureau of Land
-
DIGITAL PHOTOGRAPHS
LPC #1138135002--McLean County
Bloomington/Hess
FOS File
DATE: July
14, 2003
TIME: 12:10-12:15 A.M.
DIRECTION: Southeast
PHOTO by:
Dustin Burger
PHOTO
FILE
NAME:
1138135002—07142003-002.jpg
COMMENTS:
•
Illinois Environmental Protection Agency
Bureau of
Land
-
DIGITAL
PHOTOGRAPHS
LPC #1138135002—Mclean County
Bloomington/Hess
FOS File
DATE: July
14, 2003
TIME:
12:10-12:15 A.M.
DIRECTION: South
PHOTO by: Dustin
Burger
PHOTO
FILE NAME:
1138135002—07142003-003.Jpg
COMMENTS:
•
Illinois
Environmental
Protection Agency
Bureau of Land
-
DIGITAL PHOTOGRAPHS
LPC #1138135002—Mclean County
Bloomington/Hess
FOS File
DATE: July
14, 2003
TIME: 12:10-12:15 A.M.
DIRECTION: South
PHOTO by:
Dustin Burger
PHOTO
FILE
NAME:
1138135002—07142003-OO4Jpg
COMMENTS:
PROOF OF SERVICE
I hereby certi~that I did
on
the
8th
day of September,
2003
send by overnight mail to
the
Champaign
Regional
Office
of the
Illinois
EPA,
a
true
and
correct
copy
of the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT,
and
OPEN
DUMP
INSPECTION CHECKLIST for hand delivery
To:
Ricky and Jerry Hess
Rural Route 4
Box
102
Bloomington, Illinois 61704
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail with postage thereon fullyprepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
~
~
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
