BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
RECE!VEL~
ADMINISTRATIVE CITATION
CLERK’S
OFFICE
ILLINOIS ENVIRONMENTAL
)
SEP
2
5
2003
PROTECTION AGENCY,
)
OF
ILLiNOIS
)
~ ~
Control Board
Complainant,
)
AC
)
v.
)
(IEPA No. 506-03-AC)
)
ANTHONY FUNARO, JR.,
)
)
Respondent.
)
NOTICE OF FILING
To:
Anthony Funaro, Jr.
313 W. McHaney Street
Harrisburg, Illinois
62946
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Control
Board of the State ofIllinois the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
~
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P0.
Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
Dated:
September 23, 2003
THIS
FILING SUBMITTED ON RECYCLED
PAPER
RECEIVED
CLERK’S
OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
SEP
2
5
2003
ADMINISTRATIVE CITATION
STATE
OF ILLIINUIS
Pollutjo,~Control Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
7’
0q—i~
Complainant,
)
AC
V.
)
(IEPA No. 506-03-AC)
ANTHONY FUNARO, JR.,
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 Anthony
Funaro,
Jr.
(“Respondent”)
is
the
present owner and
operator of a
facility
located
at
401
South
Oak
Street,
Carrier
Mills,
SalineCounty,
Illinois.
The
property
is
commonly known to the Illinois Environmental Protection Agency as Carrier Mills/Funaro, Anthony.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency Operating Permit and is designated with Site Code
No.
1650055012.
3.
That Respondent has owned and operated said facility’at a~mes:ptErient-hereto~.
4.
That on
August
22, 2003,
Kent Johnson
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.
VIOLATION S
Based upon direct observations made by Kent Johnsoii during the course of his August 22,
2003
inspection
of the
above~namedfacility,
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
5/2l(p)(1)
(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
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 Three Thousand
Dollars ($3,000.00).
If Respondentelects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no
later than
October 31, 2003, unless otherwise
provided by order of the Illinois
Pollution
Control
Board.
If Respondent elects to contestthis 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 by the 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.
2
Pursuant to
Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1)
(2002), if Respondentfails
to petition or elects not to petition the Illinois Pollution Control Board for reviewof thisAdministrative
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 specifiedabove.
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.
If any civil penalty and/or hearing costs are not paid within thetime prescribed byorder of the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or
hearing
costs
shall
be
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 THffi
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 filedwithin
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:
Renee Cipriano,
Director
-
Illinois Environmental Protection Agency
Prepared
by:
Susan
E.
Konzelmann,
Legal Assistant
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. 506-03-AC)
ANTHONY FUNARO, JR.,
)
Respondent.
FACILITY:
Carrier Mills/Funaro, Anthony
SITE CODE
NO.:
1650055012
COUNTY:
Saline
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
August
22, 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.
)
ANTHONY
FUNARO, Jr.
)
Respondent.
)
AFFIDAVIT
Affiant, Kent Johnson,
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.
OnAugust22, 2003, between 3:00 P.M. and 3:09 P.M., Affiant conducted an inspection ofa disposal
site operated without
an Agency permit, located
in Saline County,
Illinois,
and known
as the Anthony Funaro
site by the Illinois Environmental Protection Agency.
Said site
has assigned
site code number 1650055012.
3.
Affiant inspected
said Anthony Funaro site
by an on-site
inspection
which
included walking and
photographing the site.
4.
As aresult 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 of Affiant’s knowledge and belief, is an
accurate representation of Affiant’s observations and factual conclusions with respect to said Anthony Funaro
site.
Subscribed and Sworn to
before me
thi~’7~’ day ~
2003.
Notary Public
~‘
~OFFICIAL
SEAL
~
LINDA
G.
KNIGHT
~NotaryPublic,
State
of
Illinois
~My Comm ssnn
Exp4res: 7/15/2005
:~.-‘
~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Saline
LPC#:
Region:
7
-
Marion
Location/Site Name:
Carrier Mills/Funaro,
Anthony
Date:
08/22/2003
Time:
From
3:00
PM
To
3:09 PM
Previous Inspection Date:
04/10/2003
Inspector(s):
K.
Johnson
Weather:
Hot,
mostly sunny,
slight-moderate, dry soil
No. of Photos
Taken:
#
5
Est. Amt.
of Waste:
119
yds3
Samples Taken:
Yes #
Interviewed:
None;
no one on-site
Complaint #:
C-03-062-M, C-04-012-M
Anthony
Funaro,
Jr.
313 W. McHaney St.
Harrisburg,
IL 62946
No~
SECTION
‘
DESCRIPTION
J_VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
‘
El
2.
9(c)
CAUSE OR ALLOW OPEN
BURNING
El
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
El
(2)
In Violation
of Any Regulations or Standards Adopted by the Board
El
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
El
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)
(4)
Open Burning
Deposition_of Waste
in_Standing_or_Flowing Waters
El
El
(5)
Proliferation of Disease Vectors
El
(6)
Standing or
Flowing
Liquid Discharge from
the Dump Site
El
1650055012
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1650055012
Inspection
Date:
08/22/2003
(7)
Deposition
of General Construction or Demolition
Debris; or Clean
Construction or
Demolition D~hris
9.
55(a)
NO PERSON
SHALL:
(1)
Cause
or Allow Open
Dumping
of Any
Used or Waste Tire
El
Cause or Allow Open
Burning of Any Used or Waste Tire
El
(2)
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.
808.1 21
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 ANDIOR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE
NUMBER:
ORDER ENTERED ON:
15.
OTHER:
-
Informational Notes
~‘nature
of Inspector(s)
Illinois
Environmental Protection Act: 415 ILCS
5/4.
Illinois Pollution
Control
Board: 35
III. Adm. Code, Subtitle G.
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.
1.
2.
3.
Revised 06/18/2001
(Open Dump
-
2)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Bureau
of Land
LPC #
1650055012
—
Saline County
Carrier Mills/Funaro, Anthony
Inspector K. Johnson
August
22,
2003
FOS
File
Open Dump Inspection Report Narrative
This
unpermitted site was inspected on August 22, 2003
by this author representing the Agency.
The inspection was conducted as a follow-up
to an April
10, 2003
inspection that revealed
apparent violations including open dumping and open burning.
In addition, a new complaint
alleged that waste had been buried in the hole previously observed on-site.
The inspection took
place from approximately 3:00 to 3:09
P.M., and five photos were taken during the inspection
Photos
001-005
.
Weather at the time ofthe inspection was
mostly sunny and hot with a slight
to moderate breeze and
dry soil conditions.
No interviews were conducted,
and no samples were
taken during this inspection.
General Remarks/Inspection Findings
This site is located at 401
South
Oak Street in
Carrier Mills,
IL.
Waste on-site consists primarily
of demolition debris
remaining from the demolition ofon-site structures.
According to
the
Saline County Supervisor of Assessments’
Office, Anthony Funaro, Jr., owns
the site.
His
mailing address is
313 W.
McHaney Street, Harrisburg, IL 62946.
The PIN for the property is
02-2-062-08.
On August 22, 2003, I arrived at the site and, finding no one
present at the site began to make
physical observations ofthe property.
During the previous
inspection, a hole with water was
noted in
the area of the former house.
On this
date, the hole had largely
been filled
in, but waste
protruded from the fill
Photo
003
.
Two distinct piles of demolition debris were noted on the
northern part ofthe property.
The smaller pile, which was estimated at
18’ by
14’ and 6’ high at
its
highest point,
is shown in Photo
001
and in the background of Photo 004.
The larger pile,
which was estimated to be 39’ by
18’ and
7’ tall at its highest point,
is shown in Photos 002-005.
Summary
of Inspection
Findings
With regard to
water pollution violations
and
air pollution violations previously cited, no
evidence ofrecent open burning was noted, and
no standing water was noted on-site.
As such,
the apparent violations relating
to air and water pollution
will be considered technically resolved
by this inspection.
However, open dumping violations are still outstanding at this
site, and will
be cited again for the property owner ofrecord, Mr. Anthony Funaro, Jr.
Mr. Funaro has not replied to
the Administrative
Citation Warning Notice issued on July 9, 2003.
However, according to telephone statements made to this
author by others,
including Mr.
Funaro’s mother, Mr. Funaro has said that he does not
own this
property.
However, following
Page
1
LPC # 1650055012
—
Saline
County
Carrier
Mills/Funaro, Anthony
August 22, 2003
inspection
this inspection, this author confirmed with the Saline County Supervisor of Assessments’
Office
that Mr. Funaro is
still listed as the owner for this
property.
In addition, the allegation that waste
was buried on this site on August 3,
2003 contained license plate information for a Dodge van.
The plate number AKT
490 (IL passenger),
returns to Anthony/Josephine Funaro, 309
W.
McHaney, Harrisburg, IL.
As
such, Mr. Funaro will be considered the owner and operator of
this site.
Violations of Sections 21(a),
21(p)(l), and 2l(p)(7) are being cited
because waste, primarily
consisting of demolition debris, has been open dumped at this site.
Page 2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
SITE
SKETCH
Inspection Date:,4.k~.u4
z~
zoo3
Inspector:
K.
3~
k~s
LPC
#:
l(5OO.5~.5OI~
County:
~~dir~
Site Name:
C&~ri?r
t~/~i.nc~ra,
A~4ho~
NORTH
Site sketch is not
to
scale.
~
—
.,
~.—
—
LPC 1650055012
—
Saline County
Carrier Mills/Funaro, Anthony
FOS
File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
8/22/03
TIME:
3:06 PM
DIRECTION: Northwest
PHOTO by: K. Johnson
PHOTO FILE NAME:
1650055012-4)8222003-001
COMMENTS:
DATE:
8/22/03
TIME: 3:06 PM
DIRECTION: Northwest
PHOTO
by: K.
Johnson
PHOTO
FILE NAME:
1650055012—.08222003-002
COMMENTS:
LPC 1650055012
—
Saline County
Carrier Mills/Funaro, Anthony
FOS File
-
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
8/22/03
TIME:
3:08 PM
DIRECTION:
Southwest
PHOTO
by: K.
Johnson
PHOTO
FILE NAME:
1 650055012-.08222003-005
COMMENTS:
PROOF OF SERVICE
I hereby certify that I did
on the 23nd day of September 2003, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in
a United States Post Office
Box the following instrument(s) entitled AFFIDAVIT
OF SERVICE
To:
Anthony Funaro, Jr.
313
W. McHaney Street
Harrisburg, Illinois
62946
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 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
