ILLINOIS
ENVIRONMENTAL
PROTECTION_AGENC~ECEIVED
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,
31~j~J~-6O22
2004
Roo
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO, DIRECTO~~~
~
jp~j~
POLLUTION
CONTROL
aOARO
(217) 782-9817
A
~
TDD: (217) 782-9143
December 29, 2003
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.
Troy
Williamson
and
Swords
Vaneer and
Lumber Company
IEPA File No. 723-03-AC; 0738075002—Henry County
Dear Clerk Gunn:
Enclosed for filing with the Illinois Pollution Control Board, please find the original
and
nine
true and correct copies ofthe Administrative Citation Package, consisting of the Administrative
Citation, the inspector’s Affidavit, and the inspector’s Illinois Environmental Protection Agency
Open 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 return receipt, I will 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 for review contesting the Administrative Citation.
Ifyou 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
Cc:
Anne
P. Walters, Attorney
Katz, Huntoon & Fieweger, P.C.
1000
36th
Avenue
Moline, Illinois
61265-7126
Enclosures
ROCKFORD
—4302
North Main Street, Rockford,
IL 61103— (815) 987-7760
•
DES
PL.~jNEs
—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
PRINTED
ON
RECYCLED
PAPER
INFORMATIONAL NOTICE!!!
IT IS IMPORTANT THAT YOU READ THE
ENCLOSED DOCUMENTS.
NOTE:
This Administrative Citation
refers to
TWO
separate State
of Illinois Agencies.
One
is the ILLINOIS POLLUTION
CONTROL BOARD located at State of Illinois Center,
100 West Randolph Street,
Suite
11-500,
Chicago, Illinois
60601.
The other state agency is the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY located at:
1021
North Grand Avenue East,
P.O.
Box 19276,
Springfield,
Illinois 61 794-9276.
-
If you elect to contest the
enclosed Administrative citation,
you must
file a PETITION
FOR REVIEW
with thirty-five (35) days of the date
the Administrative Citation was served
upon you.
Any such Petition
-
for Review must be filed with the
clerk of the Illinois
Pollution Control
Board by either hand delivering or mailing to the Board at the address
given
above.
A copy of the Petition for Review should
be either
hand-delivered or mailed to the
Illinois Environmental
Protection
Agency at the address given above and should be marked to the
ATTENTION: DIVISION OF LEGAL COUNSEL.
L
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
ADMiNISTRATIVE
CITATION
rJAN
‘~
22004
ILLINOIS ENVIRONMENTAL
)
Pal
nON
CONtROL 9OARI)
PROTECTION AGENCY,
Complainant,
)
AC
0
)
v.
)
(IEPAN0. 723-03-AC)
)
TROYWILLIAMSON AND SWORDS
)
VANEER
AND
LUMBER COMPANY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Troy Williamson
Swords Veneer
and
Lumber Company
19022 Buysse Road
37th
Avenue
and
7th
Street
CoalValley, IL 61240
Rock Island, IL 61201
PLEASE
TAKE
NOTICE that
on this date I mailed for filing
with
the Clerk ofthe
Pollution Control
Board ofthe State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT,
andOPEN
DUMP
INSPECTION CHECKLIST.
Respectfully
submitted,
/t1(CLJJt4~
Michelle
M.Rya
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:
December 29,
2003
THIS
FILING SIJBMIYFED ON RECYCLED PAPER
RECEIVED
1JAN
22004
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
S1AIt
UI- ~Li.ai~u~b
PoaunoN co~mo~
so~o
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
t
V.
)
(IEPA
No. 723
-03-AC)
TROY WILLIAMSON and
SWORDS
)
VANEER AND LUMBER COMPANY,
)
)
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 Troy Williamson (“Respondent”) is the present ownerof a facility located-at the
intersection of Schaffer Creek and County Road 1900 North (Schroeder Road) in rural Henry County
near Coal Valley,
Illinois.
The property is commonly known to the Illinois Environmental Protection
Agency as Coal Valley/Williamson
Property.
2.
That Respondent, TroyWilliamson, has owned and operated said facilityat all times’
pertinent hereto.
3.
That Swords Veneer and
Lumber Company (“Respondent”) is the generator of the
1,500 cubic yards
of wood chips that had been dumped and spread onto the Williamson Property.
4.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and
is designated with Site Code No. 0738075002.
5.
That on November 5, 2003, Jeffrey A.
Port of the Illinois
Environmental Protection
Agency’s Peoria 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 Jeffrey A.
Port during the course of his November
5,
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 2l(p)(1)
of the Act,
415
ILCS
5/21(p)(1)
(2002).
-
(2)
That Respondent caused or allowed the deposition of waste in standing or flowing
waters, a violation of Section
21 (p)(4)
of the Act, 415 ILCS 5/21 (p)(4)
(2002).
(3)
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
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
Four Thousand
Five
Hundred
Dollars
($4,500.00).
If
Respondent elects
not
to
petition the Illinois
Pollution
Control
Board,
the statutory
civil penalty
2
specified above shall be due and payable no laterthan Januaril5, 2004, unless otherwise provided
by order of the Illinois
Pollution Control
Board.
IfRespondent 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
Pollutiöh Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
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.
Pursuant to Section 31.1(d)(1)of the Act, 415 ILCS
5/31.1(d)(1)(2002),
if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for review of 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 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 paidwithin thetime prescribed by order 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 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.
-
~
~
j5c
.
Date:
I~4c1~JO3
Renee Cipriano,
irector
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.
723-03-AC)
TROY WILLIAMSON and
SWORDS
)
VANEER AND LUMBER COMPANY,
)
)
Respondent.
)
FACILITY:
Coal Valley/Williamson
Property
SITE CODE
NO.:
0738075002
COUNTY:
Henry
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION:
November 5, 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.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
IEPA DOCKET NO.
RESPONDENT
Affiant,
Jeffrey
A.
Port,
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
November
5,
2003,
between
11:09
AM
and
11:16
AN,
Affiant
conducted
an
inspection
of
the
open
dump
in
Henry
County,
Illinois,
known
as
Williamson
Property,
Illinois
Environmental Protection Agency Site No. 0738075002.
3.
Affiant
inspected
said Williamson
Property
open
dump
site
by
an
on-site
inspection,
which
included
walking
and
photographing the site.
4.
As
a
result
of
the
activities
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 Williamson Property open dump.
Subscribed
Sworn to before
me this
~.yof ~
OFFICIAL SEAL
Carla
D.
Dunbar
Notary
Public.
State of Illinois
My
Commission
Expires 8/27/05
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump Inspection Checklist
County:
Henry
LPC#:
0738075002
Region:
3
-
Peoria
Location/Site Name:
Coal Valley/Williamson Property
Date:
11/05/2003
Time:
From
11:09 AM
To
11:16 AM
Previous Inspection Date:
04/10/2001
Inspector(s):
Jeff Port
Weather:
Overcast and
cool 50 Degrees
F
No. of Photos Taken:
#
8
Est. Amt. of Waste:
1500
yds3
Samples Taken:
Yes #
No
~
Interviewed:
No One Present
Complaint#:
C-00-001-P,
C-00-116-P
Troy Williamson
Swords Veneer and
Lumber Company
Responsible
Parts’
19022 Buysse
Road
37th Avenue & 7th Street
MiAs(es)
Coal Valley,
IL
61240
Rock
Island,
IL
Number(s):
_______________________
DEC
SECTION
DESCRIPTION
!EPADLPC
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR
ALLOW
AIR
POLLUTION
IN ILLINOIS
-
LI
2.
~jc)
CAUSE OR ALLOW OPEN
BURNING
El
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
E~~I
(2)
Scavenging
LI
(3)
Open Burning
(4)
Deposition_of
Waste
in_Standing_or_Flowing_Waters
.
(5)
Proliferation of Disease Vectors
El
(6)
Standing
or
Flowing Liquid
Discharge from
the
Dump
Site
,
El
Revised 06/18/200 1
(Open Dump
-
1)
LPC
#
0738075002
--
Henry County
Inspection
Date:
11/05/2003
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition D~hri~
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
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:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE_NUMBER:
ORDER ENTERED_ON:
15.
OTHER:
Informational
Notes
U~2
J
~~S~nat’ure
of 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
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 06/18/2001
(Open
Dump
-
2)
0738075002
--
Henry County
Coal Valley/WilliamsonProperty
November
5,
2003
Jeff
Port
Page
1
~
CEIVED
DEC
()
8
0
Narrative
On November
5,
2003,
I (Jeff Port) performed
a
follow-up
i~~eA&iQi~
~~he
Troy Williamson
property located on County Road 1900N (Schroeder Road) in
rural Henry
County near Coal
Valleys The purpose of this inspection was to determine
if compliance had been achieved with
respeót to violation notices L-2000-01053
and
L-2000-01054.
These notices were sent to
Troy
Williamson, the property owner and Swords Veneer and
Lumber
Company
in
Rock
Island.
Violations of theAct and the Regulationswere observed during complaint investigations (C-00-
001-P and
C-00-116-P)
on
February
2,
2000,
July
12,
2000,
October
27,
2000
and
April
10,
2001.
I arrived
at the site at 11:09 AM. The weatherwasovercast
and cool, approximately 50 °F.The
area had
become
overgrown
with
vegetation
since
my
previous
inspection.
Additionally,
it
appeared that
several pieces of concrete had recently been brought
to the
site.
Photographs
P1
through
P3
were
taken
from
the
southwest
corner of the
site.
These
photographs
show
the
vegetation throughout the site.
In the background ofphotograph P3 an area ofrecently disrupted
soil can be seen.
Photographs P4 through P6 and P
9
show this
area.
It appeared
that soil and
concrete had recently been placed along the edge ofthe creek.
Photographs P7 and P8
show the
wood mulch
and pieces
of wood
still present
on the property.
Photograph PlO
shows
some of
the concrete placed along the edge ofthe creek.
After photographing the site, I left at 11:16 AM.
Photograph
locations
are depicted
on
the attached
site
map.
Based
upon
this
inspection,
the
following continuing violations
were observed and are indicated on the accompanying checklist.
1.
Pursuant
to
Section
12(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/12(a)),
no
person shall
cause
or threaten or allow the discharge of any
contaminants
into
the
environment
in
any
State
so
as to
cause
or tend to
cause water
pollution
in
Illinois,
either alone or in combination with matter from other sources, or so as to violate
regulations or standards adopted by the Pollution Control Board under this Act.
A violation
of Section
12(a) of the
Illinois
Environmental Protection
Act
(415 ILCS
5/12(a))
is
alleged
for
the
following
reason:
Contaminants
were
noted
on
the
Williamson property.
2.
Pursuant to Section
12(d)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/12(d)),
no
person
shall
deposit
any
contaminants
upon
the
land
in
such
place
and
manner so as to
create a water pollution hazard.
A
violation of Section
12(d)
of the
Illinois
Environmental Protection
Act
(415 ILCS
5/12(d))
is
alleged
for
the
following
reason:
Contaminants
were
noted
on
the
Williamson property.
3.
Pursuant to
Section
21(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(a)),
no person shall cause or allow the
open dumping ofany waste.
0738075002
--
Henry County
CoalValley/Williamson Property
November 5, 2003
JeffPort
Page 2
A
violation of Section
21(a) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(a))
is
alleged for
the
following
reason:
Waste
was
open
dumped
on
the
Williamson property.
4.
Pursuant
to
Section
21(d)(1) of the
Illinois
Environmental
Protection
Act (415
ILCS
5/21 (d)(1)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or
waste-
disposal
operation
without
a
permit
granted
by
the
Agency
or
in
violation
of
any
conditions imposed by such permit.
A violation of Section 21(d)(1)
is
alleged for the following reason:
Waste-storage
and
waste-disposal was conducted on the Williamson property.
5.
Pursuant
to
Section
21 (d)(2) of the
Illinois
Environmental
Protection Act
(415
ILCS
5/21(d)(2)), no person shall conduct
any
waste-storage,
waste-treatment,
or
waste-
disposal operation in violation of any regulations or standards adopted by the Board
under this Act.
A violation of Section
21 (d)(2)
is
alleged for the following reason:
Waste-storage and
waste-disposal
in
violation
of
the
Regulations
was
conducted
on
the
Williamson
property.
6.
Pursuant
to
Section
21(e)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(e)),
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 or
facility which meets the requirements of this Act
and
of
regulations
and
standards
thereunder.
A violation of Section
21(e)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(e)) is
alleged for the following reason:
Waste was
stored
and disposed of at the
site which does not meet the requirements ofthe
Act and of regulations.
7.
Pursuant
to
Section 2l(p)(l)
of the
Illinois
Environmental
Protection
Act
(415 ILCS
no person shall, in violation of subdivision (a) ofthis Section,
cause or allow
the open dumping ofany waste in a mannerwhich results in litter.
The prohibitions spec~,f
led in
this subsection (p) shall be enforceable by the Agency either
by administrative citation under Section 31.1 of this Act or as otherwiseprovided by this
Act.
The specific prohibitions
in
this
subsection
do
not
limit the power of the Board
to
establish regulations or standards applicable to open dumping.
A violation of Section 21(p)(l) ofthe
Illinois
Environmental
Protection Act (415 ILCS
5/21(p)(1))
is
alleged for
the
following
reason:
Waste
was
open
dumped
on~the
Williamson property which resulted in litter.
0738075002
--
Henry County
CoalValley/WilliamsonProperty
November
5,
2003
JeffPort
Page 3
8.
Pursuant to Section 21Q)(4) of the
Illinois
Environmental Protection
Act
(415 ILCS
5/9(a)),
no person shall in violation of subdivision (a) of this
Section, cause or allow the
open
dumping of any waste in
a manner which results
in deposition ofwaste
in
standing
;or flowing waters.
A violation
of Section
21(p)(4)
is
alleged for the following
reason:
Waste was
open
dumped
in
water on the Williamson property.
9.
Pursuant
to
Section
2l(p)(7) of the
Illinois
Environmental Protection Act
(415
ILCS
no person shall, in violation ofsubdivision (a) ofthis
Section, cause or allow
the
open
dumping of any waste
in
a manner which results
in
the deposition
of general
construction or demolition debris; or clean construction or demolition debris.
A violation ofSection
21QD)(7) ofthe
Illinois
Environmental Protection Act (415 ILCS
5/21 (p)(7)) is alleged for the following reason:
Demolition
debris was
observed on the
Williamson property.
10.
Pursuant
to
Section
812.101(a),
all
persons,
except
those
specifically
exempted
by
Section 21(d) ofthe Illinois
Environmental Protection Act (Act) (Ill.
Rev.
Stat.
1991, ch.
1111/2, par.
102 1(d)) 415
ILCS
5/21(d)
shall submit to
the Agency an application for a
•
permit
to
develop and
operate
a landfill.
The applications must contain the
information
•
required by this Subpart and by Section
3 9(a) ofthe Act,
except as otherwise provided in
35 Ill.
Adm.
Code 817.
A violation ofSection
812.101(a) is alleged for the following reason:
The development
and
or
operation
of a
solid
waste management
site was
allowed
on the Williamson
property
without a permit application submitted to the Agency.
Van Dekerckhove Property
Fence
N:
0738075002
--
Henry
County
Williamson Property
Disrupted Soil
and
Concrete
Pieces
Schroeder Road (1900 N)
0738075002
--
Henry County
Coal Valley/Williamson Property
FOS File
DATE:
November
5,
2003
TIME:
11:10AM
PHOTOGRAPHED BY:
Jeff
Port
DIRECTION:
Photograph
taken
toward
the
north.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE
NAME:
07380750O2~-4
1052003-00
1
.jpg
COMMENTS:
DATE:
November
5,
2003
TIME:
11:10AM
PHOTOGRAPHED BY:
Jeff
Port
DIRECTION:
Photograph taken
toward the
northeast.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE
NAME:
0738075002-~4
1052003-002.jpg
COMMENTS:
Site Photographs
Page
1 of 5
DOCUMENT FILE
NAME:
073
8075002—4
1052003.doc
0738075002
--
Henry County
Coal Valley/Williamson Property
FOS File
DATE:
November
5,
2003
TIME:
11:10AM
PHOTOGRAPHED
BY:
Jeff
Port
DIRECTION: Photograph taken
towardthe northeast.
PHOTOGRAPH
NUMBER:
3
PHOTOGRAPH FILE NAME:
0738075002—i1052003-003.jpg
COMMENTS:
DATE:
November
5,
2003
TIME:
11:11AM
PHOTOGRAPHED BY:
Jeff Port
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH
NUMBER:
4
PHOTOGRAPH FILE
NAME:
0738075002-~4
1052003-004.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0738075002-~4
1 052003.doc
Site Photographs
Page
2
of
5
0738075002
--
Henry County
Site Photographs
Coal Valley/Williamson Property
Page 3 of5
FOS File
DATE:
November
5,
2003
TIME:
11:11AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward
the
southeast.
PHOTOGRAPH
NUMBER:
5
PHOTOGRAPH FILE
NAME:
0738075002--i 1052003-005.jpg
COMMENTS:
DATE:
November
5,
2003
TIME:
11:11AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward
the north.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE NAME:
0738075002—i 1052003-006.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0738075002—i 1052003.doc
0738075002
--
Henry County
Coal Valley/Williamson Property
FOS File
DATE:
November
5,
2003
TIME:
11:12AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
.Photograph taken
toward
the
north.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE
NAME:
0738075002—i 1052003-007.jpg
COMMENTS:
DATE:
November
5,
2003
TIME:
11:12AM
PHOTOGRAPHED BY:
Jeff
Port
DIRECTION:
Photograph taken
toward
the northeast.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
0738075002—i 1052003-008.jpg
COMMENTS:
DOCUMENT
FILE NAME:
0738075002—i1052003.doc
Site Photographs
Page 4 of
5
0738075002
--
Henry County
Coal Valley/Williamson Property
FOS File
DATE:
November
5,
2003
TIME:
11:13AM
PHOTOGRAPHED
BY:
Jeff Port
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE
NAME:
0738075002—i 1052003-009.jpg
COMMENTS:
DATE:
November
5,
2003
TIME:
11:14AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward
the northwest.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE
NAME:
0738075002—i 1052003-OiO.jpg
COMMENTS:
DOCUMENT FILE NAME:
0738075002—i 1052003.doc
Site Photographs
Page 5 of 5
PROOF OF SERVICE
Thereby
certify
that I did on the 29th day ofDecember 2003, send by Certified Mail,
Return
ReceiptRequested, with postage thereon fullyprepaid,bydepositing
in a United States Post Office
Box a
true
and
correctcopyofthefollowing instrument(s) entitled
ADMINISTRATiVE CITATION,
AFFIDAVIT, andOPENDUMP
INSPECTION CHECKLIST
To:
Troy Williamson
Swords Veneer and Lumber Company
19022
Buysse Road
37th
Avenue and
7th
Street
Coal Valley, IL
61240
Rock Island, IL
61201
and the
original
and nine (9) true
and correct copies ofthe same
foregoing instruments on the same
dateby Certified Mail, Return Receipt Requested, 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
bit-
Michelle 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
THIS FILING SUBMITTED ON RECYCLED PAPER
