RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLER!’S
OFFICE
ADMINISTRATIVE CITATION
OCT
2
4
2003
STATE OF IWNOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
~4~
)
v.
)
(JEPA No. 562-03-AC)
)
JERRY SUMMERS,
)
)
Respondent.
)
NOTICE OF FILING
To:
Jerry Summers
R.R.
1, Box
144
Vandalia, Illinois
62471
-
PLEASE TAKE NOTICE that on this date I mailed for filing with 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,
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 21, 2003
THIS
FILING
SUBMITFED ON RECYCLED PAPER
EC~~yE~
CLERK’S OFFICE
BEFORE
THE ILLINOIS
POLLUTION CONTROL BOARD
•
0CT242003
ADMINISTRATIVE CITATION
STATE
OF
ILLiNOIS
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
•
)
Complainant,
)
AC
V
v.
)
(IEPA No.562-03-AC)
)
JERRY SUMMERS,
)
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 Jerry Summers
is the present owner and
operator of a facility located
in the
Southeast Quarter of Section 29, Township 6 North, Range I
East of the Third Principal Meridian,
Fayette County, Illinois.
The property is commooly known to
the Illinois
Environmental Protection
Agency as Vandalia/Summers.
2.
That
said
facility
is
an
open dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and
is designated with Site Code No. 0518175007.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on
September 22, 2003, John
Senjan of the Illinois Environmental Protection
Agency’s
Collinsville
Regional
Office
inspected
the
above-described
facility.
A
copy
of
his
inspection
report
selling
forth
the results
of said
inspection
is attached
hereto and
made a
part
hereof.
VIOLATIONS
Based
upon direct observations
made by John Senjan during the course of his September
22, 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)(I)
of
the Act,
415
ILCS
5/21(p)(I)
(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 ILCS
5/21 (p)(7) (2002).
•
•
CIVIL
PENALTY
On March 6, 2003, the Board found Jerry Summers in violation of Section 21 (p)(1) and (7)of
the Act in AC 2003-I 8.
Because this Administrative Citation addresses a second or subsequent violation of Section
21(p),
pursuant
to
Section
42(b)(4-5) of
the Act, 415
ILCS
5142(b)(4-5)
(2002),
Respondent is
subject to
a civil penaltyof Three Thousand Dollars ($3,000.00) for each of the violations identified
above,
for a total of Six Thousand
Dollars
($6,000.00).
If Respondent elects
not to
petition the
Illinois Pollution Control Board, the statutory civil penalty specified above shall be due and payable
no later than December 15,2003, unless otherwise provided by order ofthe Illinois Pollution Control
Board.
If Respondentelects to contestthis Administrative Citation by petitioningthe Illinois Pollution
2
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 bythe Illinois Environmental
Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed
in addition
to the Three Thousand Dollar ($3,000.00) statutory civil penalty for each violation.
Pursuant to Section 31 .I(d)(1) of the Act, 415 ILCS 5/31 .I(d)(1) (2002), if Respondent fails
to petition orelects notto petition the Illinois Pollution Control Board 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 penaltyand/or hearing costs are not paid within the time prescribed byorder of the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or hearing
costs
shall
be
assessed
againstthe Respondentfrom the date payment is due
up to and ~nchiding~the
date thatpayment 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 Respondentelects 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.
i.#~
Date:
10/2.1(03
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. 562-03-AC)
)
JERRY SUMMERS,
)
)
Respondent.
FACILITY:
Vandalia/Summers
SITE CODE NO.:
0518175007
COUNTY:
Fayette
CIVIL PENALTY:
$6,000.00
DATE
OF INSPECTION:
September 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 EmployerIdentification 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 AGENCY
IN THE MATTER OF:
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
vs.
JERRY SUMMERS
Respondent
AFFIDAVIT
Affiant, John
S. Senjan being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a field inspectors employed by the Lapd Pollution Control Division ofthe
Environmental Protection Agency and has been so employed
at all times pertinent hereto.
2.
On September 22, 2003 between 12:0 p.m. and
12:15 p.m., Affiant conducted an
inspection ofan open dump operated without an Agency permit, located in Fayette
County,
Illinois and known as Summers, Jerry, by the Illinois Environmental Protection
Agency.
The said site is commonly known to the Agency as LPC#
10518175007-Fayette
County, VandalialSummers, Jerry.
3.
Affiant inspected said VandalialSummers, Jerry site by an on-site inspection, which
included walking and photographing the site.
4.
As a result ofthe activities referred to in Paragraph 3 above, Affiant completed the
Inspection Checklist form attached hereto and made a part hereof, which, to the best of
Affiant’s knowledge
and
belief, is an accurate representation ofAffiant’s observations
and factual conclusions with respect to said VandalialSummers, Jerry open dump
site.
Subscribed and Sworn To before me
This 29th day of September 2003
G~Q~
O4L4~(i*d
Notary Public
/7
-~
“OFFICIAL SE~”
Paula Ottensmeier
Notary Public,
State of Illinois
My Commission Expires
I
~J
~/
~
)
)
)
LPC# 0518175007
—
FAYETTE COUNTY
)
VANDALIA / SUMMERS, JERRY
)
COMPLIANCE FILE
)
)
)
)
)
SEAL
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection
Checklist
County:
Fayette
LPC#:
0518175007
Region:
6
-
Collinsville
Location/Site Name:
Vandalia/Summersa
Date:
09/22/2003
Time:
From
12:00
pm
To
12:15 pm
Previous Inspection
Date:
06/03/2003
Inspector(s):
John_Senjan
Weather:
70 °Fsunny and
clean
No. of Photos Taken:
#
5
Est. Amt. of Waste:
120
yds3
Samples Taken:
Yes #
Interviewed:
Jerry Summers
•
Complaint #:
C-2003-009
No
~
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
•
E
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
•
U
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
U
4.
12(d)
CREATE A WATER POLLUTION HAZARD
:i
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
7.
(1)
(2)
21(e)
Without a Permit
-
In ViolatIon of Any Regulations or Standards Adopted by the Board
DISPOSE, TREAT, STORE, OR ABANDON
ANY
WASTE, OR TRANSPORT ANY
I
~
WASTE INTO THE STATE AT/TO SITES NOT MEETING REOUIREMENTS OF ACT
•j_____
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
•
U
(3)
Open Burning
U
(4)
Deposition of Waste
in Standing or Flowing Waters
U
(5)
Proliferation
of Disease Vectors
U
(6)
Standing
or Flowing
Liquid Discharge from
the Dump
Site
U
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
Jerry Summers
R.R.
1, Box 144
Vandalia,
IL 62471
Revised 06118/2001
(Open Dump
-
1)
LPC#
0518175007
Inspection
Date:
00/22/2003
(7)
Deposition of General
Construction or Demolition Debris; or Clean Construction
or
D~mniitinn
Dehris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open
Dumping
of Any Used or Waste
Tire
U
(2)
Cause
or Allow Open
Burning of Any Used
or Waste Tire
0
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:
(I)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
I
.~
A
S~11~ture
of Inspector(s)
1.
Illinois
Environmental Protection Act: 415
ILC
5/4.
2.
Illinois
Pollution Control Board: 35 Ill.
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 Actor by complaint
under Section
31
of the Act.
5.
This inspection was conducted in accordancewith
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.
InFr~rm~tr~n~l
Notes
Revised 06/18/2001
(Open Dump
-
2)
LPC#
051815007
—
Fayette
County
Vandalia/Summers, Jerry
Compliance File
REMARKS
Site History
This site has a history that dates back to January
25,
2000, when it was first inspected based on a
citizen complaint.
That inspection lead to
a Violation Notice Letter L—2000-0 1040 for open
dumping being sent
to the respondent, Jerry Summers.
Mr. Summers operates a small
construction demolition
servicejust outside ofthe city of Vandalia.
Mr.
Summers eventually
was able to clean up the site, but disposal receipts were never provided to the Agency.
Based on a second citizen complaint, the site was again inspected on November 21, 2002.
A
second open dump was located at a different location on Mr. Summer’s property.
When
interviewed, Mr. Summers admitted to doing the open dumping.
The result of that inspection
was an Administrative
Citation being sent to Mr. Summers on January 10, 2003.
The AC
contained a penalty of $3,000.
In addition to the AC, a Notice of Corrective Action Required
for
Open Dumps was sent to Mr. Summers
on March 3, 2003.
The notice set a cleanup
deadline for
June 2, 2003.
On June 3, 2003, a re-inspection was conducted.
It resulted in a second AC being
sent to Mr. Summers seeking $6,000 in penalty.
Due to time restraints, service on the AC was
missed.
In order to
restart the AC process, the following re-inspection was conducted at the site.
Inspection
I conducted a routine open dump inspection at the above referenced site on
September
22, 2003.
The inspection lasted from approximately 12:00 p.m. to
12:15
p.m.
No one was present at the
site during the inspection.
I took
5
photographs and no samples.
The weather was clear and
calm, with semi-dry
soil conditions.
The temperature was in the upper 70’s. The inspection
consisted ofwalking the site and taking photographs.
Before inspecting the open dumping site, I first approached Mr. Summer’s
residence and
knocked on the door.
There was no reply, so I moved to the open dump.
Once there, I
discovered that the construction demolition debris noted in previous inspections had been almost
completely covered with dirt. A large quantity ofdirt was used to cover the open dump,
however, whoever did the cover up failed to
completely cover the entire dump.
Two areas were
seen that had not been completely covered.
In photos #2&3
debris can be seen protruding from
the dirt.
It is significant to
note that there is still debris
underneath the dirt.
It has been this
inspector’s experience that demolition contractors will sometimes obtain disposal receipts from
one job
and contend that they were generated from the clean up ofan open dumpsite.
The
importance ofthis is multiplied, since the complainant had called to inform me that Mr.
Summers was tearing down a house near Vandalia.
It appears that the open dump on Mr.
Summer’s property still exists.
LPC#
051815007
—
Fayette County
Vandalia/Summers, Jerry
Compliance File
Page 2
The dirt used to cover up the dumpsite appeared to have been taken from Mr. Summers nearby
barrow pit.
This became evident when I walked over to
the barrow pit I noted that
section of it
had been recently disturbed.
I also noted a small area of open dumping (see photo #4).
11 departed the site at
12:15 p.m.
During the September 22, 2003
inspection the following violations were again noted:
Section
2 1(a)
—
Cause or allow open dumping.
Section 21(d)(1)
—
Conducting any waste-disposal operation without a permit.
Section
21 (d)(2)
—
Conducting any waste-disposal operation in Violation of any
Regulations or Standards
adopted by the Board.
Section
2 1(e)
—
Dispose, treat, store, or abandon any waste at sites not meeting the
requirements ofthe Act.
Section 2l(p)(l)
—
Cause or allow the open dumping of any waste in a manner, which
results in litter.
Section
21
(p)(’7)
—
Cause or allow the open dumping ofany waste in a manner which
results in the deposition ofgeneral construction or demolition debris.
Section
8 12.101(a)
—
Failure to submit
an application for a permit to develop and operate
a landfill.
cc:
DLPC/FOS
-
Collinsville Region
State of Illinois
Environmental Protection Agency
Facility Diagram
Date ofInspection:
September 22, 2003
Site Code:
0518175007
Site Name:
Summers
Inspector:
John Senjan
County:
Fayette
Time:
12:00pm
Mr. Summers
Residence
N
Shed.
Borrow Pit
4
LPC # 0578175007
—
Fayette
County
Vandalia / Summers
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
September 22, 2003
TIME:
12:00p.m.
DIRECTION:
SE
PHOTO by:
John Senjan
PHOTO FILE
NAME:
0578175007-~09222003-001
COMMENTS:
Dirt
covering
fill
area.
DATE:
September 22, 2003
TIME:
12:00
p.m.
DIRECTION:
SE
PHOTO by: John
Senjan
PHOTO FILE NAME:
05781 75007~09222003-002
COMMENTS: C&D material
stickingoutofthe
bottom
ofthe fill
area.
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LPC #
0578175007
—
Fayette
County
Vandalia / Summers
FOS
File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
September 22, 2003
TIME:
12:00 p.m.
DIRECTION:
SW
PHOTO by:
John Senjan
PHOTO FILE
NAME:
05781 75007—09222003-003
COMMENTS: C&D
material,
including a waste tire, that hasn’t
been covered by dirt.
DATE: September
22, 2003
TIME:
12:00
p.m.
DIRECTION: N
PHOTO by:
John Senjan
PHOTO FILE NAME:
05781 75007~09222003-004
COMMENTS:
General refuse in
barrow area.
LPC
#
0578175007
—
Fayette County
Vandalia
I
Summers
FOS File
DATE:
September 22, 2003
TIME:
12:00p.m.
DIRECTION:
SE
PHOTO by:
John Senjan
PHOTO FILE NAME:
05781 75007~09222003-005
COMMENTS:
Same as photo #1.
Onlywider angle.
DIGITAL PHOTOGRAPH PHOTOCOPIES
-
V~v~ø.
-
______
V..
~
..
*
4
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V
V
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-
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-.
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r--~.
~“e—~
~
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•
V
:-
-
PROOF OF SERVICE
I hereby certif~’that
I did
on
the 21st
day of October,
2003
send by
overnight mail to
the
Collinsville.
Regional
Off~ceof the
Illinois
EPA,
a
true
and
correct
copy
of the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
~JFDAVIT
and
OPEN
DUMP
INSPECTION CHECKLIST for hand delivery
To:
Jerry Summers
R.R. 1,Box 144
Vandalia, Illinois 62471
and the original and nine (9) true and correct copies ofthe same foregoing
instruments
on the same
date by CertifiedMail with postage thereon fully prepaid
To:
Dorothy
Gunn,
Clerk
Pollution ControlBoard
James R. ThompsonCenter
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
VJJ~Ak1&,L1JP~
Michelle M. Ry
Special AssistantAttorney General
Illinois Environmental ProtectionAgency
1021North Grand Avenue East
-
P.O.Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS
FILING
SUBMITTED ON RECYCLED PAPER
