BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
OFFIF
ADMINISTRATIVE CITATION
OCT 08
2003
ILLINOIS ENVIRONMENTAL
)
STATE OF
ILLINOIS
PROTECTION AGENCY,
)
Pollution
Control
&ard
Ic~
Complainant,
)
AC
~f
I
)
v.
)
(IEPA No. 514-03-AC)
)
LUTHER COLEMAN,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Luther Coleman
624 W. Logan
Harrisburg, Illinois
62946
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Cont~ol
Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION
CHECKLIST.
Respectfully submitted,
ichelle 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:
October 6,
2003
THIS
FILING SUBMITFED ON
RECYCLED PAPER
RECEIVEL~
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S
OFFICE
ADMINISTRATIVE CITATION
OCT 08
2003
STATE OF IWNOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
V
v.
)
(IEPA No. 514-03-AC)
LUTHER COLEMAN,
)
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 Luther Coleman
(“Respondent”) is the present owner and operator of a facility
located at 624
W. Logan, Harrisburg, Saline County,
Illinois.
The property
is commonly known to
the Illinois Environmental Protection Agency as Harrisburg/Coleman,
Luther.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency Operating
Permit and is designated with
Site Code No.
1650205053.
3.
That Respondent has owned and operated said facility at all times pertinenthereto.
4.
That on September 10, 2003,
KentJohnson 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 Kent Johnson during the course of his September
10,
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)(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 ordemolition debris, a violation of Section 21 (p)(7) of the Act, 415
I LCS
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).
IfRespondent elects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than
November30, 2003, unless otherwise provided byorderofthe Illinois
Pollution Control
Board.
If Respondentelects to contestthis Administrative Citation by petitioningthe Illinois Pollution
Control Board in accordance with Section 31.1
of the Act, 41.5 ILCS 5/31.1(2002), and if the Illinois
Pollution Control
Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated hearing costsincurred 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 Respondent fails
to petition orelects notto petition the Illinois PolIution~ControlBoard forreviewofthisAdministrative
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.
If any civil penalty and/or hearing costs are not paid within the time prescribed by orderofthe
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 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 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.
A2~~
C.
~
Date:
to/b (O~
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. 514-03-AC)
LUTHER COLEMAN,
)
Respondent.
)
FACILITY:
Harrisburg/Coleman, Luther
SITE
CODE
NO.:
1650205053
COUNTY:
Saline
CIVIL
PENALTY:
$3,000.00
DATE
OF INSPECTION:
September 10,
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,
)
)
)
TEPA DOCKET NO.
v.
)
)
LUTHER COLEMAN
)
)
)
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.
On September
10, 2003, between
8:52
A.M. and 9:13 A.M., Affiant conducted an inspection of a
disposal site operated without an
Agency permit, located in
Saline County, Illinois, and
known as the Luther
Coleman
site
by
the Illinois
Environmental
Protection
Agency.
Said
site has
assigned
site code number
1650205053.
3.
Affiant inspected
said
Luther Coleman
site by an
on-site inspection which
included walking and
photographing the site.
4.
As a result ofthe material actions referredto 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 Luther Coleman
site.
~
RONALD
E
MORSE
~
~ NQTA~
IkJ~I~,
STATE OF
WNOIS~
~*~S:OV2I~J
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
1650205053
County:
Saline
LPC#:
Region:
7
-
Marion
Location/Site Name:
Harrisburg/Coleman, Luther
Date:
09/10/2003
Time:
From
8:52 AM
To
9:13 AM
Previous Inspection Date:
08/22/2003
Inspector(s):
K.
Johnson
Weather:
Clear, warm, calm, dry soil
No. of Photos Taken:
#
6
Est. Amt. of Waste:
—
30
yds3
Samples Taken:
Yes #
No
~
Interviewed:
Luther Coleman,
owner
Complaint #:
NA
Responsible Party
Mailing Address(es)
and Phone
Number(s):
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
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 of Any Regulations or Standards Adopted by the Board
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE
INTO THE STATE ATITO 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
(2)
Scavenging
(3)
Open Burning
(4)
Deposition_of Waste
in Standing or Flowing Waters
(5)
Proliferation
of Disease Vectors
D
(6)
Standing or Flowing
Liquid Discharge from the Dump
Site
Luther Coleman
624 W. Logan
Harrisburg,
IL 62946
618/252-4818.
Aretha (Coleman?),
daughter/operator
911
Jackson
Harrisburg,
IL 62946
Phone # unknown
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1650205053
Inspection
Date:
09/10/2003
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
Demolitinn D~hris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Alldw Open
Dumping of Any Used or Waste Tire
E
(2)
Cause or Allow Open
Burning of Any Used or Waste Tire
E
35
ILLINOIS
ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE G
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.
808.121
SPECIAL WASTE DETERMINATION
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
OTHER
REQUIREMENTS
14.
APPARENT VIOLATION OF:
(U)
PCB;
(~)
CIRCUIT COURT
CASE
NUMBER:
97-117-286
ORDER ENTERED
ON: 02/20/1 998
15.
OTHER:
Informational
Notes
y~?a!
IØ~L~
Sigi~tureof Inspector(s)
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 Actor 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 PRORECTION AGENCY
Bureau of Land
LPC
#
1650205053
—
Saline County
Harrisburg/Coleman, Luther
Inspector K. Johnson
September
10, 2003
FOS File
Open
Dump Inspection Report Narrative
This unpermitted site was inspected on September
10, 2003
by this author representing
the Agency.
The inspection was conducted as a follow-up to an August 22, 2003
reconnaissance inspection that revealed waste on the ground west and northwest ofthe
house.
The inspection took place from approximately
8:52
to 9:13 A.M., and six photos
were taken during the inspection
Photos
001-006.
Weather was clear and warm with
calm wind and dry soil conditions.
Mr. Luther Coleman, the resident and apparent owner
ofthe property, was interviewed during the inspection.
Officer Tom Leverett ofthe
Harrisburg Police
Department accompanied me for security purposes.
General
Remarks
This site is located at 624 W.
Logan on the west side ofHarrisburg, Illinois.
Mr. Luther
Coleman lives at, apparently owns, and operates the site.
Mr. Coleman’s mailing address
is 624 W. Logan, Harrisburg, IL 62946, and his phone number is 618/252-4818.
According to
Mr. Coleman, he had surgery last August (2002), and has not hauled waste
as a trash hauler since that time. Upon inquiry, Mr. Coleman advised that his daughter,
Aretha (last name not known), hauled until recently, stopping approximately 2 months
prior to the inspection.
Aretha currently resides
at 911
Jackson Street in Harrisburg,
according to Mr. Coleman.
Inspection Findings
Officer Leverett and I arrived at the site, and I went to the door ofthe house, knocking
twice.
After waiting
a few minutes with no answer, I proceeded west of the house, where
there were three piles ofwaste and pick-up loaded with waste.
I took two photos, one of
what was apparently a tarped pile of waste
Photo
001) and the second of a Ford truck
loaded with waste
Photo
002.
The truck was dark
blue/black and gray with no license
plate.
The tarp was not moved, but waste was visible at the edges of the tarp.
That pile
was estimated at approximately 8’ by
10’ and 2’ tall.
The Ford truck had a tarp on it as
well, but again, apparent waste was noted protruding from the tarp.
Waste volume
in the
truck was estimated at
5’
by 6’ and
2’ high.
After taking the first two photos, I heard a
noise from the house and Officer Leverett noted that Luther was coming out ofthe house.’
At that time, I stopped taking photos and returned to the porch to
speak to Mr. Coleman.
I told Mr. Coleman who I was and why I was there.
I stressed that the officer was
Page
1
LPC # 1650205053
—
Saline County
Harrisburg/Coleman, Luther
September 10, 2003 open dump inspection
requested merely to keep the peace, that he (Mr.
Coleman) was not
being arrested, and
that I was just trying to
figure out the status ofthe site.
I briefly interviewed Mr.
Coleman, and he provided the information previously noted in the “General
Remarks”
section of this report.
In addition, Mr. Coleman said that he had previously hauled trash
routes in Harrisburg and Eldorado.
I asked Mr. Coleman when the waste under the tarp
was brought
in, and he
replied that it “had been tarped all along”.
When I repeated my
question, Mr. Coleman replied to the effect of“about a month”.
With regard to the trash route, I asked Mr. Coleman where he
and his daughter routinely
took their trash when they were running routes.
Mr. Coleman noted that Saline County
Landfill had shut down, so they had taken their trash to Marion.
I clarified that he was
referring to the Marion Transfer Station,
and mentioned that there was a permitted
landfill out by
Galatia (West End Disposal Facility).
Mr. Coleman, referring to the West
End facility, said something like
“I
won’t deal with thatguy”.
I pointed out a Dodge truck along the east side ofthe driveway that had bags of garbage
in it.
Mr. Coleman said that his daughter brought that truck in the day before, as she was
cleaning out some stuffat her home.
It is noted that the Dodge truck, shown in Photo
006, appears to
be the same truck observed on this property from off-site on August 22,
2003.
On that date, the truck was full ofwaste and had stock racks on it.
I asked
Mr. Coleman how far over to the west he owned, and he said that he
owned to the
ditch.
I told him that I would
like to take photos and look around, asking if that was OK,
but he
did not reply.
I repeated my statement differently, saying that as long as he didn’t
object, I was going to make some observations and take some photos.
Again, Mr.
Coleman said nothing so I proceeded to make brief observations and take photos while
Mr. Coleman watched me.
North ofthe aforementioned tarped waste,
three other piles of waste were
observed
background
ofPhoto 002,
Photos 003-005).
These piles were each conservatively
estimated at 8’ by 8’ and 2’ tall at their maximum height, and they included waste such as
demolition debris, metal, a fewtires, etc.
After making physical observations, I briefly
spoke to
Mr. Coleman prior to leaving the site.
I told him that I did not know what would
happen next in this matter, but that he obviously had some cleaning up to do.
Mr.
Coleman agreed, and said that he had done some clean-up recently, but only worked on it
as he felt able to.
Summary of
Inspection Findings
On this date, apparent violations were noted in reference to open dumping and the
acceptance of waste without meeting permit requirements.
Waste was observed open
dumped on the ground in a number oflocations.
With regard to the acceptance of waste
from off-site, waste was observed in two
different vehicles, indicating that waste is being
brought into the site.
In addition, Mr. Coleman’s statement that the waste on the ground
under the tarp has been there for “about a month” acknowledges that it came from off-
Page 2
LPC # 1650205053
—
Saline County
Harrisburg/Coleman, Luther
September 10, 2003 open dump inspection
site.
Based on this information, the following apparent violations are being cited at this
time.
Sections 21(a), 21QD)(1), and 21QD)(7) are being cited because waste, including
demolition debris, have ~beenopen dumped at this
site resulting in litter.
Sections 21 (d)( 1) and 812.101(a) are being cited because waste has been accepted at this
waste-disposal facility without a permit, nor has any permit application apparently been
submitted to the Agency in an effort to obtain such a permit.
Sections 21(d)(2) and 2 1(e) are being cited because violations of the Act and Board
regulations were observed at the time ofthis inspection.
A probation order for case # 97-117-286, entered on February 20,
1998 in Saline County
Circuit Court, states the following as condition #
21
for Luther Coleman: “not conduct a
waste disposal operation withouta permit...” Based on evidence obtained on the date of
this
inspection, it appears that Mr. Coleman’ is operating a waste disposal operation
without a permit.
Page
3
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
SITE
SKETCH
Inspection
Date: Se*~.L~rtO,
Ot~3
Inspector:
I~c:.
JIlPl5att
LPC
#:/(q.~
O~O.5(i.53
County:
~oi~r~t
Site Name:
~
_cA~+i~e4-
4
4.
a’
3,
,fl
y
~3).
~
,.‘-..
NORTH
.)Qi
t~4\J~J
I
‘V
‘9
•
Site sketch is not to
scale.
.~
~.
-~-
f~)
~11
iZô~t
/3
LPC
#
1650205053
—
Saline County
Harrisburg/Coleman, Luther
FOS
File
DATE:
9/10/03
TIME: 8:57 AM
DIRECTION:
North-
northwest
PHOTO by: K. Johnson
PHOTO FILE NAME:
1650205053—09102003-001
COMMENTS:
DATE:
9/10/03
TIME: 8:57 AM
DIRECTION: West-
northwest
PHOTO by: K. Johnson
PHOTO
FILE NAME:
1650205053-09102003-002
COMMENTS:
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC
#
1650205053
—
Saline County
Harrisburg/Coleman, Luther
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
9/10/03
TIME:
9:04 AM
DIRECTION: Northwest
PHOTO
by:
K. Johnson
PHOTO
FILE NAME:
1650205053-09102003-003
COMMENTS:
~
-~--.-
.-.---—
•
~----.•••‘~‘
•
•
~.
~••‘•.&
~
~
~
•
‘
DATE:
9/10/03
TIME:
9:04 AM
DIRECTION: Northwest
PHOTO by: K. Johnson
PHOTO
FILE NAME:
1650205053-09102003-004
COMMENTS:
•~.
~
.,~:
~
LPC
#
1650205053
—
Saline
County
Harrisburg/Coleman, Luther
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
9/10/03
TIME:
9:05 AM
DIRECTION: North-
northeast
PHOTO by: K.
Johnson
‘PHOTO FILE NAME:
1650205053—09102003-005
COMMENTS:
DATE:
9/10/03
TIME: 9:12 AM
DIRECTION: Northeast
PHOTO by: K. Johnson
PHOTO FILE NAME:
1650205053-09102003-006
COMMENTS:
PROOF OF SERVICE
I hereby certify
that
I did
on
the 6th
day of October
2003,
send by
Certified Mail,
Return
Receipt Requested, with po~tage
thereon fully prepaid, by depositing in a United States Post Office
Box the following instrument(s) entitled AFFIDAVIT OF
SERVICE
To:
Luther Coleman
624 W. Logan
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
