ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601, 312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
(217)
782-5544
TDD: (217) 782-9143
REC~IV~~
CLERK’S OFFICE
SEP192003
September 16, 2003
STATE OF ILLINOIS
PoJlutj0~Control Board
The IHonorable Dorothy
Gunn,
Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
Re:
Illinois
Environmental Protection Agency v. Roger Ray
AC 04-08 (EPA
File No. 392-03-AC)
Dear Clerk Gunn:
It has come to my attention that the inspection checklist anthrarrative included with the filing in the
above-named casemay havebeen missing thereverse sides ofthe copies.
Pleasefind enclosed ten
complete copies ofthe two-page checklist and three-pagenarrative.
I apologize for
the inconvenience.
inc
y,
Michelle M. Ryan
Assistant Counsel
Attachments
cc:
Roger Ray (with attachment)
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
•
COLLINSVILLE
—2009 MaIl
Street, Collinsville,
IL 62234— (618) 346-5120
MARION —2309 W. Main
St.,
Suite
116, Marion,
IL 62959
—
(618) 993-7200
fr~.-
PRINTED
ON
RECYCLED
PAPER
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Moultrie
Region:
4
-
Champaign
Location/Site Name:
Date:
07/04/2003
Time:
From
6:55 a.m.
To
7:05 a.m.
Previous Inspection Date:
04/15/2003
Inspector(s):
Deanna Carlock
Weather:
Sunny,
hot, 80
degrees F.
No. of Photos Taken:
#
7
Est. Amt. of Waste:
3
yds3
Samples Taken:
Yes #
interviewed:
Complaint #:
C04-003-CH
Roger Ray
601
W. Jefferson
Sullivan,
IL
61951
217-728-8663
•
No
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SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
-
Z
2.
9(c)
CAUSE OR ALLOW OPEN
BURNING
Z
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
LI
4.
12(d)
CREATE A WATER POLLUTION HAZARD
-
El
5.
21(a)
CAUSE OR ALLOW OPEN
DUMPING
Z
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 INTOTHE STATE AT/TO SITES NOT MEETING
REQUIREMENTS OF ACT
Z
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
El
(3)
Open
Burning
Z
(4)
Deposition of Waste
in Standing
or Flowing Waters
El
(5)
Proliferation of Disease Vectors
—
El
(6)
Standing or Flowing Liquid Discharge from the Dump Site
El
LPC#:
Kirksville/Ray, Roger
1398065001
Responsible
Party
Mailing Address(es)
and Phone
Number(s):
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1398065001
Inspection
Date:
07/04/2003
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
El
Demolition Dehris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste
Tire
El
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
El
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
El
12.
808.121
SPECIAL WASTE DETERMINATION
El
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE
HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
El
OTHER REQUIREMENTS
14.
.
-
APPARENT VIOLATION OF:
(0)
PCB;
(0)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
LI
15.
OTHER:
El
-
El
LI
LI
El
LI
Sig’
ature
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 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 Actshall 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 of Land,Field Operations Section •Champaign
D
i—i
~
L~
~
~-—
v—
LPC#1398065001—MoultrieCounty
/
Sullivan/Ray, Roger
.1! “
1 ~
FOS File
.‘J
3
Complaint #C04-003-CH
.
~
Inspector:
Deanna Carlock
I
~
Inspection Date:
4 July 2003
GIS Data: Latitude-N
39.57037°
“,
Longitude-W 088.6702°”(www.mapsonus.com)
OPEM
DUMP
INSPECTION NARRP~TIVE
On July 4, 2003, from approximately
6:55
to
7:05
a.m. I inspected the above-referenced
unpermitted site, located on the southeast corner ofthe intersection ofCounty Road 750E and the
railroadtrack in Block three ofthe J.W. Evans’
Second Addition to Kirksville, Illinois. The site
is owned by Roger E. and Lynda S. Ray.
The purpose ofthe inspection was to respond to a
citizen complaint and determine whether the site was in compliance with the Environmental
Protection Act (Act)
and Title 35 Illinois Administrative Code,
Subtitle G: Land Pollution
(Regulations).
The weather was sunny, about 80°
F.
Seven photos were taken.
No
one else was
on site during the investigation.
Site History:
This site was originally inspected on April
15,
2003 in response to a complaint ofopen dumping
and burning on the site. A large bum pile and other waste were found on site. On May 23, 2003,
the owner, Roger Ray of Sullivan, 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 immediate cessation ofall open dumping and open burning.
Inspection
Findings:
I arrived at the site and saw a large pile of dirt located about 20 feet south ofthe railroad tracks
and east ofa yellow building. Iwalked around the dirt pile and
found a dug hole approximately
10 feet by
15 feet by
6 feet deep on the south side ofthe dirt pile (see Photos #1
& 2). Heat and
the smell ofashes was radiating from the hole. Inside the hole were gray ashes and some
items
that appeared to be metal. The ashes were too hot for closer inspection. About fifty feet to the
east was a yellow backhoe (see Photo #4). There was an oil-soaked area ofground on the east
side of the hole about 2
feet in diameter (See Photo #4). On the northeast corner ofthe dirt pile
there was an old grain truck with high sides. Photo #6
shows the contents ofa grain truck that
was parked on the north side of the dirt pile. Photo #7 shows the front ofthe same truck.
To the
south ofthe truck was a pile ofmetal items that appeared to have been previously burned.
The following violations were observed during this inspection.
LPC# 1398065001
Inspection Date 7-4-03
FOS FILE
Summary of Apparent Violations:
Environmental Protection Act.(Act)
415 ILCS 5/1
et. seq
#1
Pursuant to Section 9(a) ofthe Act, no person shall cause or threatenor allow the
discharge or emission ofany 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 adopted by the Board
under this Act.
A violation ofthis section is
alleged because evidence
ofopen burning that would
cause or tend to cause air pollution in Illinois was observed during the inspection.
#2.
Pursuant to Section 9(c)
ofthe
Act, no
person shall cause or allow the open burning of
refuse,
conduct any
salvage operation by open burning, or cause or allowthe burning of
any refuse in any
chamber not specifically designed for the purpose and approved by the
Agency pursuant to regulations adopted by the Board under this Act.
A violation ofthis section is alleged because evidence ofopen burning
of refused was
observed during the inspection.
#3.
Pursuant
to Section
2 1(a) ofthe Act, no person shall cause or allow the Qpen dumping of
any waste.
A violation ofthis section is alleged because evidence of open
dumping ofwaste was
observed during the inspection.
#4.
Pursuant to Section
21 (d)(1) ofthe Act, no person shall conduct any waste-storage,
waste-treatment, or waste-disposal operation without a permit granted by the Agency or
in violation ofany condition imposed by such permit.
A violation ofthis section is alleged because waste was disposed without a permit
granted by the Illinois EPA.
#5.
Pursuant to Section 21(d)(2) ofthe Act, no personshall conduct any waste-storage,
waste-treatment, orwaste-disposal operation in violation of any regulations or standards
adopted by the Board under this Act.
A violation ofthis section is
alleged because a waste disposal operation was conducted
in violation of regulations adopted by the Illinois Pollution Control Board.
#6.
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 orfacility that meets the requirements ofthis Act and of
regulations and standards thereunder.
Aviolation ofthis section is alleged because waste was disposed
at this site that does
not meet the requirements of the Act and regulations.
#7.
Pursuant to Section 21(p)(1) ofthe Act, no person shall, in violation ofsubdivision (a) of
this Section, cause or allow the open dumping of any waste in a mannerthat results in
litter.
2
LPC # 1398065001
Inspection Date 7-4-(~3
FOS FILE
A violation ofthis section is alleged because
the open dumping ofwaste was caused or
allowed in
a manner that resulted in
litter.
#8.
Pursuant to Section 21Q,)(3) ofthe Act, no person shall, in violation of subdivision (a) of
this Section, cause or allow the open dumping of any waste
in a manner that results in
open burning.
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 8 12.101(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