ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENC~~~ERK’S
OFFICE
1021
NORTH
GRAND
AVENUE
EAST,
P.O. Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, ~
~°°~
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601, 3l~~j4~6~
ILLINOIS
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DlREcTpöIlutjon
Control
Board
(217) 782-9817
TDD: (217) 782-9143
September 16, 2003
Certified Mail
7002 3150 0000 1221 0789
The Honorable Dorothy Gunn, Clerk
Illinois Pollution
Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v. Tulley Robinson
IEPA File No. 503-03-AC;
1818565003—Union County
Dear Clerk Guim:
-
Enclosed for filing with the Illinois Pollution
Control Board, please find the original and nine
true and correct
copies ofthe Administrative Citation Package, consisting ofthe Administrative
Citation, the inspector’s Affidavit, and the inspector’s Illinois Environmental Protection Agency
~en
Dump Inspection Checklist,
issued to
the above-referenced respondent(s).
On this date, a copy ofthe Administrative Citation Package was sent to the Respondent(s) via
Certified Mail.
As soon as I receive the affidavit ofservice, Twill promptly file a copy with you,
so that the Illinois Pollution Control Board may calculate the thirty-five
(35)
day appeal period
for purposes ofentering a default judgment in the event the Respondent(s) fails or elects not to
file a petition forreview contesting the Administrative Citation.
If you have any questions or concerns, please do not hesitate to contact me at the number above.
Thank you for your cooperation.
Sincerely,
Michelle M. Ryan
Assistant Counsel
Enclosures
ROCKFORD
—4302
North
Main
Street,
Rockford,
IL 61103
—
(815) 987-7760
•
DES
PLAINES
—
9511
W.
Harrison
St.,
Des
Plaines,
IL 60016
—
(847) 294-4000
ELGIN
—595 South
State, Elgin,
IL 60123 —(847) 608-3131
•
PEORIA— 5415 N. University
St.,
Peoria, IL
61614
—(309) 693-5463
BUREAU
OF LAND
-
PEORIA —7620 N. University St.,
Peoria,
IL
61614— (309) 693-5462
•
CHAMPAIGN
—2125
South
First Street, Champaign,
IL
61820— (217)
278-5800
SPRINGFIELD —4500
S. Sixth Street
Rd.,
Springfield,
IL 62706— (217) 786-6892
•
COLL!NSVILLE
—2009
MalI
Street, Collinsvil)e,
IL
62234 —(618)
346-5120
MARION
—2309 W. Main
St.,
Suite 116, Marion,
IL
62959 —(618) 993-7200
PRINTED ON
RECYCLED
PAPER
bec:
Mike Davison, Division ofLand Pollution Control #24
Division ofLand Pollution Control File Room #24 (Compliance File)
Jonesboro/Robinson,
Tulley
1818565003—Union
County
Doug Hayward, Marion
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
182003
STATE OF ILLINOiS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
~
I
)
v.
)
(IEPA No.
503-03-AC)
)
TULLEY ROBINSON,
)
)
Respondent.
)
NOTICE OF FILING
To:
Tulley Robinson
840 BenyvilleRoad
Jonesboro,
Illinois
62952
PLEASE
TAKE
NOTICE that on this date Imailed forfiling with the Clerk ofthePollution Control Board ofthe
State ofIllinois the following instrument(s) entitled ADMiNISTRATiVE CITATION, AFFIDAVIT, and OPEN
DUMP INSPECTION
CHECKLIST.
Respectfully submitted,
~
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
16,
2003
THIS
FILING SUBMITFED ONRECYCLED PAPER
CLERK’S
OFFiCE
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
SEP
1
8
2003
ADMINISTRATIVE CITATION
STATE
OF ILLINOIS
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
‘~t
V.
)
(IEPA No. 503-03-AC)
)
TULLEY ROBINSON,
)
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 Tulley Robinson is the present owner and operator of a facility located at 840
Berryville Road, Jonesboro, Union County,
Illinois.
The property is commonlyknown
to the Illinois
Environmental Protection Agency as Jonesboro/Robinson,Tulley Property.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and
is designated with
Site Code No.
1818565003.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That
on
July
23,
2003,
Doug
Hayward
of
the
Illinois
Environmental
Protection
Agency’s Marion
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 by Doug
Hayward during the course of his July 23,
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).
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
One
Thousand
Five
Hundred
Dollars
($1 ,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 laterthan October 15, 2003, unless otherwise provided
by order of the Illinois Pollution
Control Board.
If Respondent elects to contest thisAdministrative Citation by petitioning the Illinois Pollution
Control Board
in accordance with Section 31.1
of theAct, 415
ILCS 5/31.1(2002), and if the Illinois
Pollution Control Board
issues a finding of
violation as alleged herein, afteran adjudicatory hearing,
Respondents shall be assessed the associated hearing costs incurred bythe IllinoisEnvironmental
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.
2
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1)
(2002), if Respondentfails
to petition or elect notto petition the Illinois Pollution Control
Board for reviewof 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 within the time prescribed byorderofthe
Illinois
Pollution
Control
Board,
interest
on
said
penalty and/or
hearing
costs
~hallbe assessed
against the Respondent from the date payment is due
up to and including the date that payment
is
received.
The
Office
of the
Illinois Attorney General
may be
requested
to
initiate
proceedings
against 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 bellied within
thirty-five (35)
days
of the
date
of service
of this Administrative
Citation
or the Illinois
Pollution
Control Board shall enter a default judgment against the Respondent.
__________________
Date:
q
1’
‘~
I
O?:;~
Renee Cipriano, Director
~
~
Illinois Environmental
Protection Agency
Prepared
by:
Michelle M. Ryan, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021
North
GrandAvenue East
P.O.
Box19276
Springfield, Illinois
62794-9276
(217) 782-5544
4
REMITTANCE
FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
)
v.
)
(IEPA
No. 503-03-AC)
)
TULLEY ROBINSON,
)
)
Respondent.
)
FACILITY:
Jonesboro/Robinson, Tulley
SITECODE NO.:
1818565003
COUNTY:
Union
CIVIL PENALTY:
$1,500.00
DATE
OF INSPECTION:
July 23, 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
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
)
)
IEPA DOCKET NO.
v.
)
)
Tulley Robinson
)
)
Respondent.
)
AFFIDAVIT
Affiant, Douglas E.
Hayward, being first
duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by the Land Pollution Control Division ofthe
Illinois Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On July 23, 2003, between
11:45 a.m. and
12:00 a.m., Affiant conducted an inspection
ofa disposal site operated without a permit, located in Union County, Illinois, and known as
Robinson, Tulley by the Illinois Environmental Protection Agency.
Said
site has been assigned
site code number 181
856
5005 by the Agency.
3.
Affiant inspected said open dump site by an on-site inspection which included walking
and photographing the
site.
4.
As a result ofthe material actions referred to in paragraph
3 above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best ofAffiant’s knowledge.
and
belief, is an accurate representation ofAffiant’s observations and factual conclusions with respect to
said site inspection.
Subscribed and Sworn to before me
this
/1~
day of
~fb.i~/
~.9~ôô3
Notary Public
~
RONALD
E
MORSE
~
~ NQTARY
PUOLIC,
~1ATh
OI~
ILLINOIS
5
~IS~N~flIO2/21~6
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump Inspection Checklist
Time:
From
11:45
To
12:00
Previous Inspection
Date:
3/20/03
Weather:
Sunny, high
80’s
to low 90’s
dF
Est. Amt. of Waste:
100
yds3
Samples Taken:
Yes #
No
~
—
Complaint #:
03-048
Responsible
Party
Mailing Address(es)
and Phone
Number(s):
SECTION_J
DESCRIPTION
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.
0
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
LI
(2)
In
Violation of Any
Regulations or Standards Adopted by the
Board
LII
7.
.
21(e)
DISPOSE, TREAT, STORE,
OR ABANDON ANY WASTE, OR TRANSPORT ANY
LI
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
(7)
Deposition of General Construction or Demolition Debris;
or Clean Construction or
Demolition Debris
LI
LPC#:
1818565005
County:
Union
Site Name:
Robinson, Tulley
Date:
7123/03
Inspector(s):
D., Hayward
No. of Photos taken:
#
2
Interviewed:
daughter
©
840
Berryville,
Rd
Jonesboro
Region:
7
-
Marion
618/833/4391
Tulley Robinson
840 Berryville Rd.
Jonesboro, IL 62952
Revised 09/22/2000
181 8565005—2003
0723-Robinson chklst.doc
(Open Dump
-
I)
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
0
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
0
~0
SUBTITLE
G
10.
812.101 (a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT
TO DEVELOP
AND
OPERATE
A LANDFILL
LI
11.
722.111
HAZARDOUS WASTE DETERMINATION
Ef
12.
808.1 21
SPECIAL WASTE DETERMINATION
LI
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
LI
00
0
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(
)
PCB;
(
)
CIRCUIT
COURT
CASE
NUMBER:
ORDER ENTERED
ON:
LI
15.
0
LI
LI
LI
LI
LI
Signatuje’~fInspector(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 for
convenience only
and
should
not
be
construed as legal
conclusions
of
the Agency or as limiting the Agency’s statutory or regulatory powers.
Requirements of some statutes
and
regulations cited are in summary format.
Full text of requirements
can
be found in
references listed
in
1.
and
2.
above.
4.
The provisions of subsection (p) of Section
21
of the Illinois
Environmental Protection Act shall be enforceable either
by administrative citation under Section 31.1 of the Act or by complaint
under Section
31
of the Act.
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the Illinois
Environmental Protection Act:
415 ILCS 5/4(c) and (d).
6.
Items marked with
an “NE” were not evaluated at the time of this inspection.
Revised 09/22/2000
(OpenDump
-
2)
1815655005—20030723-Robinson
chklst.doc
Inspection Narrative
Inspection Date: July 23, 2003
TimeofInspection: 11:45— 12:00
Site #:
1818565005
SiteName:
Robinson, Tulley
County: Union
Inspector(s): Doug Hayward
On March 20, 2003, DougHayward conductedan inspection at this facility. This
inspection was conducted in accordance withSections 4(c) and 4(d) ofthe Illinois
Environmental Protection Act: 415
ILCS
5/4(c) & 4(d).
The purpose ofthis inspection
was to determine compliance with the Illinois Environmental Protection Act
and 35
Ill.
Adm.
Code, Subtitle
G:
Waste Disposal Rules and Regulations ofthe Illinois Pollution
Control Board.
History:
This site was originally inspected on March 20, 2003 in response to
a complaint
alleging the open dumping of waste.
Upon inspection, this
inspector found
approximately 100 cubic yards (cy) of waste in two piles on the property.
One waste pile
was material dumped in
a pit
and the other was a pile
ofhousehold waste piled on the
ground next to the
drive.
The owner, Tulley Robinson was issued a violation notice, L-
2003-01094 dated April
3, 2003.
This inspector spoke with Mr. Robinson by phone after the violation notice was issued.
He indicated that he would remove and properly dispose of the material.
Inspection:
On this date, this inspector visited the site.
Mr. Tulley was not present and the inspector
identified himself to arid individual identifying herselfas his daughter.
I told her that
I
needed to
look at the waste piles and she indicated that I could do so.
The waste pile located in
the ditch does not appear to have changed since my first
inspection.
Weeds and brush have grown up and around the pile making access and
photographing difficult.
A couch can be identified in thephoto which was present during
the first inspection (photo 1).
The second waste pile appears to have been increased since the previous
inspection.
In
addition to a brush
pile,
cardboard, plastics and otherhousehold trash has been added
(photo 2).
SITE SKETCH
Inspection Date:
Site Number:
Site
Name:
July 23, 2003
1818565005
Robinson, Tulley
Inspector:
Inspection Time:
D.
Hayward
11:45—12:00
Not to Scale
driveway
1818565005 -Union
County
DIGITAL
PHOTOGRAPH PHOTOCOPIES
Robinson, Tulley
FOS Tile
DATE:
July23, 2003
TIME:
11:45—
12:00
DIRECTION:
PHOTO by:
Doug Hayward
PHOTO FILE NAME:
1818565005—07232003-001
DATE:
July23, 2003
TIME:
11:45—12:00
DIRECTION:
PHOTO by:
Doug Hayward
PHOTO FILE
NAME:
1818565005—07232003-002
SITE SKETCH
Inspection Date:
Site Number:
Site Name:
March 20, 2003
1818565005
Robinson, Tulley
Inspector:
Inspection Time:
D.
Hayward
10:45—11:00
Not to
Scale
driveway
1818565005—
Union County
DIGITAL PHOTOGRAPH PHOTOCOPIES
Robinson, Tulley
FOS File
DATE:
March
20,
2003
TIME:
10:45
—
11:00
DIRECTION:
PHOTO by:
Doug Hayward
PHOTO FILE NAME:
1818565005.-.-03202003-001
DATE:
March 20, 2003
TIME:
10:45
—
11:00
DIRECTION:
PHOTO by:
Doug
Hayward
PHOTO FILE NAME:
181 8565005—.03202003-002
1818565005— Union County
DIGITAL PHOTOGRAPH PHOTOCOPIES
Robinson,
Tulley
FOS File
DATE:
March
20, 2003
TIME:
10:45
—
11:00
DIRECTION:
PHOTO by:
Doug
Hayward
PHOTO
FILENAME:
1818565005—03202003-003
DATE:
March 20, 2003
TIME:
10:45
—
11:00
DIRECTION:
PHOTO by:
Doug
Hayward
PHOTO FILE NAME:
1818565005—433202003-004
PROOF OF SERVICE
I hereby certi~
that I did on the
16th
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 trueand correct copy ofthefollowing instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT,
and
OPEN DUMP INSPECTION CHECKLIST
To:
Tulley Robinson
840 Berryville Road
Jonesboro, Illinois
62952
and the original and nine (9)
true
and correct copies ofthe same foregoing instruments on the same
date by Certified Mail with postage thereon fully prepaid
To:
Dorothy Gurm, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
~i~Ry~t~
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North
GrandAvenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS
FILING
SUBMITTED ON RECYCLED PAPER
