RECEIVED

~

January 2, 2004

~JAN

-

6

2004

SlAt

POLLUTION

CONTROL

BOARt)

Illinois Pollution Control .Board

Attn:

Clerk

~

State ofIllinois Center

100 West Randolph Street, Suite 11-500

Chicago, IL 60601

Re:

Petition

for Review

—

Douglas S.

Site Code No. 0618115004

Dear Sir or Madam:

I operated my auto salvage business for

18 years and closed it due to market

conditions in 2002.

After closing, Jan Mier from the JEPA conducted an inspection of

the property on June 27, 2002.

She had Mr. Branna, a licensed tire recycler, view and

estimate the number oftires on site.

He estimated that there were approx.

2500 tires.

Ms. Mier instructed me to remove all the tires and car bodies from the property.

Starting

October

15, 2002 and ending November 18,

2002, Max Mullins

Salvage removed over

400 cars and many tons ofauto parts.

On August 8, 2002, I signed a tire removal agreement with the EPA & Mr.

Branna authorizing Mr. Branna to remove 2000 tires which he completed on October 26,

2002.

Ms. Mier conducted a re-inspection on December 2, 2002 discovering that there

•were many more tires than previously estimated.

Ms. Mier sent

a violation notice on

January

14,

2003,

stating that she sited the tires still remaining and some litter on the

property and requested a written response.

I sent a written response dated February 22,

2003,

stating

my intentions to

continue removing tires as I was able and I sent receipts for

tires that were disposed ofby a licensed tire recycler in the amount of2110 tires.

This

was done after Mr. Branna had finished his removal.

On March 18, 2003, I received a

letter acknowledging receipt of my letter and copies ofthe receipts I had sent to Ms.

Mier.

This

letter set a compliance deadline ofApril

15,

2003.

On April

7, 2003, I sent a

letter to Ms. Mier with receipts for the removal of 800 tires and

5.75

tons oflitter.

I

received the next letter from Ms. Mier on May 2, 2003, in which she acknowledged the

receipt of my April

7, 2003 letter and the enclosed receipts fortire and litter disposal.

This letter from Ms. Mier instructed me to purchase mosquito larvicide to treat the

remaining tires until they were removed, which I immediately did.

On June 2, 2003,

Ms.

Mier re-inspected the property and recorded an estimate of 1100

tires remaining,

approx. a dozen vehicles and vehicle parts. I called Ms. Mier and

explained that I was continuing to remove tires

and had treatedthe tire pile three times

with the larvacide and would address the latest issues as soon as I was able.

On June 12,

2003,

1 received a letter from Ms. Mier with a new deadline ofSeptember

30, 2003. I sent

---

receipts for 400 tires and the larvicide that I purchased.

On July 9, 2003, a letter from

Ms. Mier came acknowledging the receipt ofmy letter and the enclosed receipts.

I

continued to remove tires and had receipts dated August

13,

2003 for 400 tires and

September 13, 2003

for 400 tires.

I also had another 50 tons of auto parts hauled offand

at least 9 car bodies removed.

I disposed of one load ofdirt with car trim and broken

glass that Ms. Mier had sited in her inspection.

This was where Mullins stripped, crushed

and loaded the

cars during removal.

On October 28, 2003, Ms. Mier conducted another inspection.

This inspection was done

while I was at work.

Since I was not present during this inspection, I called Ms. Mier to

talk to her regarding the inspection and to see what Iwas to do next.

She was out,

so I

left a message on her voice mail with my

name and phone number,

I did not hear back

frOm her.

On December

1, 2003, I received Ms. Mier’s October 28, 2003 inspection

report and

a citation.

Ms.

Mier’s report has a number of inaccurate statements ofwhich I

have listed below:

1.

She states that my deadline was July

1,

2003,

but in her July 9, 2003

letter it was

extended to September 30,

2003.

2.

She

states “there appeared to be little change in the site” since her last inspection,

approximately 50 tons ofauto parts had been disposed of

a load ofdirt was removed

9 cars had been disposed of

800 tires had been disposed of

All ofthis had changed since Ms. Mier’s last inspection.

3.

She

states “a school bus

is new to the

site” when in fact this

school bus has been

here for many years before her first inspection.

The bus was moved from around

back for Max Mullins to remove, but he didn’t want it and left it behind when he

removed the 400 plus cars.

4.

All ofthe cars,

except three (3) belong to someone else and I personally called the

owners

and instructed them that the

cars must be moved by December

15,

2003.

5.

All ofthe tires, except fifteen (15) belong to someone else and I personally called

• the owners and

instructed them that the tires must be moved by December

15,

2003.

Note:

The above mentioned cars and tires were used by the owners to participate

in the local Demolition Derby’s held at our county fairs

—

they were not the

property of Carrico’s Auto Heap.

6.

There is no portable roll offbox on site

—

there is a sided truck bed.

7.

Ms. Mier states that I am allowing “open dumping”, when in fact since her first

inspection in June of 2002, there has not been one thing delivered, added, or

dumped on this property, only removed.

I operated a salvage yard on this

property for 18 years and what she has reported as open dumping

is only the

remainder ofthe clean up process.

---

8.

Ms.

Mier’s noted several pieces ofequipment

-

dump truck, loader, my deceased

Father’s tractor....

Am I not allowed to keep my personal property?

Is it a

violation to have these items on my property?

I have done my best to cooperate and complete eachrequest by the given deadline.

The

few extensions that I did receive were caused by the inaccurate estimate oftires.

The

original estimate was 2500 tires, so I made plans

for the removal of2500 tires.

I now

know the actual number oftires I have

disposed ofis

61 10.~Ms. Mier’s first and primary

focus was always the removal ofthe tires, so I made that my

first priority with the intent

to address the other noted violations after the tire removal was completed.

The tire

removal agreement states that a site containing between 1000 and

10,000 tires can have

two (2) years oftime to remove them and can be granted an extension on top ofthat.

I

am well within the two-year allotment

since the agreement was signed on August 08,

2002.

I work full time, but I am continuing to dispose ofthings as I am able and will

continue to do so until the clean up

is completed.

I am requesting that the fine of $1,500.00 be dismissed at this time and that a detailed and

•

specific list be given to me noting everything that is required to be cleaned up before any

fines be imposed. It is impossible for me to do a complete clean up without a final and

complete checklist from the IEPA ofeverything that is expected from me.

I have

cooperated fully with the IEPA and do not

feel I merit this kind oftreatment.

Respectfully,

Douglas S. Carrico

Enclosures

Cc:

Illinois Environmental Protection Agency

Attn:

Division ofLegal Counsel

1021 North Grand Avenue East, P.O. Box 19276

Springfield, IL 61794-9276

L

---

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

ADMINISTRATIVE

CITATION

ILLINOIS ENVIRONMENTAL

.

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC

•

.

)

v.

)

(IEPA No.686-03-AC)

)

DOUGLAS

S. CARRICO, dib/a

)

CARROCOS AUTO HEAP,

)

Respondent.

)

NOTICE OF FILING

To:

Douglas S. Carrico

19291

Carrico Road

Kane, illinois

62054

•

PLEASE

TAKE

NOTICE that

on this date I mailed for filing

with the Clerk ofthe Pollution Control

Board ofthe 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

P.O. Box

19276

Springfield,

Illinois 62794-9276

(217)

782-5544

Dated:

November

25,

2003

THIS FILING SUBM~ITED

ON RECYCLED PAPER

---

1LL1NOIS

ENViRONMENTAL PROTECTION AGENCY

AFFIDAVIT

INTHE

MATTER

OF:

)

)

Carrico’s Auto Heap

)

JEPA DOCKET NO.

)

Respondent.

)

Affiant,

Jan Mier,

being first duly sworn, voluntarily

deposes and states

as

follows:

I.

Affiant is

a field inspector employed by the Land

Pollution

Control Division of the

Environmental Protection Agency and

has

been so employed

at all times pertinent hereto.

2.

On October 28,

2003

between

11:55

a.m. and 12:15 p.m.,

Affiant conducted

an inspection of an open dump,

located

in

Sangamon County,

Illinois and known as

Kane/Carrico’s

Auto Heap

by the

IHihois Environmental Protection Agency.

Said

site has been

assigned

site code number LPC#06181 15003

by the Agency.

3.

Affiant inspected said 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

beilef,

is an

accurate representation of Afflant’s observations and

factual

conclusions with respect to said

open

dump.

(7’

Subscribed

and

Sworn to

Before Me

this ~t4...day

of

?2i~-,

2003

~

6~L~

Notary Public

OFF~iALSEAL.

~~HARLENE

K.

POWELL

NOWIY

PtJSUC

STATE

OF

~LL~OFS

!~

~

~°°‘~‘

---

PROOF OF SERVICE

I herebycertif~,

that I did on the25th day ofNovember, sendby CertifiedMail, ReturnReceipt

Requested, with postage thereon fullyprepaid, by depositing in a UnitedStates PostOffice Box a true

and

correct

copy

of

the

following

instrument(s)

entitled

ADMINISTRATIVE

CITATION,

‘I

AFFIDAVIT, and

OPEN DUMP INSPECTION CHECKLIST

Douglas S.

Carrico

19291

Carrico

Kane, Illinois 62054

and the original arid nine

(9)

true and correct copies ofthe same foregoing instruments on the same

date by 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

~

~

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

---

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

bompiainant,

)

AC

)

v.

)

(IEPA No. 686-03-AC)

)

DOUGLAS S.

CARRICO,dlb/a

)

CA~RRICOSAUTO

HEAP

)

)

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 ~rotection

Act, 415

ILCS 5/31.1

(2002).

•

FACTS

1.

That

Douglas

S.

Carrico, d/b/a/ Carricos Auto Heap

(“Respondenr) is the

present

owner of a facility located at 19291

Carrico Road, Kane, Greene

County, Illinois.

The property is

commonly

known to the Illinois

Environmental

Protection Agency as Kane/Carricos Auto Heap.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating Permit and is designated with

Site Code No.

0618115004.

3.

That

Respondent has operated

said facility at all

times pertinent hereto.

4.

That on October 28, 2003, Jan Mierofthe Illinois Environmental Protection Agency’s

Springfield Regional Office inspected the above-described facility.

A copy ofher inspection report

setting forth

the results of said inspection is attached hereto and made

a part hereof.

---

VIOLATIONS

Based upon directobservations made by Jan Mierduring the course ofherOctober28, 2003.

inspection ofthe above-namedfacility, the Illinois Environmental Protection Agency has determined

that Respondent has violated the

Illinois

Environmental Protection

Act (hereinafter,

the

aAcr) as

foIIows~’

~

(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).

CIVIL PENALTY

Pursuant

to

Section

42(b)(4-5) of the

Act,

415 ILCS

5142(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 One

Thousand

Five

Hundred

Dollars

($1,500.00).

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 January15, 2004, unless otherwise provided

by order of the Illinois

Pollution Control Board.

If Respondent elects to contestthis Administrative Citation bypetitioning the illinois Pollution

Control Board

in accordance with Section 31.1 ofthe Act, 415 1LCS 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 costs

incurred by the lllinois Environmental

Protection Agencyand 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), ifRespondent fails

to petition orelects notto petition the Illinois Pollution Control Board forreviewofthisAdministrative

Citation within

thirty-five (35) days ofthe

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

Enyironmental

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 orderof 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 paymentis

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

1LCS 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

~PolIution

Control Board,

State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois

60601.

A copy

of said Petition for Review shall be fBed 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 ofthe Act provides thatany 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.

-

~

~

Date:

1! /2~JO3

Renee Cipriano, Director

Illinois Environmental

Protection

Agency

Prepared

by:

•

Susan Konzelmann, Legal Assistant

Division of Legal Counsel

lll~nois

Environmental Protection Agency

1021 North Grand Avenue East.

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

4

---

Illinois Environmental Protection

Agency

•

•

•

Inspection Narrative

LPC#0618 115003— Gre~ne

County

.

Kane/Carrico’s Auto Heap

VE.O

Inspection Date

—

10/28/03

NOV

.1

4

Inspector- Jan Mier

~OO3

FO,S File

•

DLPC

Oa October 28, 2003, I conducted

a re-inspection of the above-referenced site.

The

owner, Douglas Carrico, was went a Violation Notice L-2002-01430 on

1/14/03.

An

1extension was given to

the compliance deadline until 7/1/03.

The property is an old

salvage yard that closed in 2003.

The Illinois EPA removed 1,000 tires under a

Consensual Removal Agreement and Mr. Carrico has sent in receipts for removal of over

3,300 tires.

Max Mullins Salvage in Mt.

Olive, IL has removed the majority ofvehicles

on site.

I arrived at

11:55

a.m.

Mr. Carrico lives across the street from the salvage yard.

I

knocked on the door ofthe house, but no one answered.

I proceeded across the road to

the salvage yard.

Thereappearedtobelittiechai~g~j~i..ihe..site.

Vehicles are scattered in

the front ofthe shed (see

photo #001).

One truck had six

tires offthe rim on the back

(see photo #002).

Tires, metal and auto

parts are scattered across the east halfofthe shed

(see photo

#003).

By the auto crusher (see photo #004), the ground is littered with glass,

metal, plastic and oil-stained soil.

A school bus (~ee~photo

#OQ~)J~ne~.he

•j~e.

Several areas looked like what is shown in photo #006,

with

glass, metal, plastic, car

parts and vehicles

scattered around.

~g)~aroll offb

is. on site, it did not appear

there had been any attempt

to consolidate or sort waste.

More vehicles, parts and tires on axles are to the north ofthe shed (see photos

#008.

#009,

and #010).

Vegetation has grown up around these wastes.

One area contained

rusted metal pipes and gas lanterns (see photo #012).

Two tractor tires off rim were

observed (see photo #012).

The inside ofthe shed

is filled with car parts,

tools and tires

(see photo #013).

1

estimated approximately 15

vehicles and 75

tires are still on site.

I

departed at

12:15

p.m.

Violations

observed at the

time ofthe inspection

are noted on the attached checklist.

LPCIFOS

—

Springfield Region

---

STATE

OF ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

SITE

SKETCH

te

ofInspection:

e

Code:

.

10/28/03

LPC#06181 15003

Inspector:

County:

Jan Mier

Greene

•

:e:

Kane/Carrico’s Auto Heap

Time:

11:55 a.m.

—

12:15 p.m.

-.

NQRTH

Measurements Approximate

Direction of Photo

—*

Not to

Scale

Sc.~C~cx’i

b~s

k

~~1~

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Tire Disposal Site Inspection Checklist

County:

GREENE

LPC#:

0618115003

Region:

5-Springfield

City/Facility Name:

KANE/CARRICOS AUTO

HEAP

Facility Location:

19290

CARRICOS

ROAD,

KANE,

IL

Telephone:

618.535-4708

Date:

10/28/03

Time:

From

11:55

To

12:15

Previous Inspection Date:

6/2/03

Inspector(s): JAN MIER

No. of

Photos Taken:

#

13

Weather

7p

F, SUNNY

No. of Samples Taken:

0

Interviewed: DOUG CARRICO

Complaint#:

C-02-111-C

-

Owner:

Operator:

75

Estimated Number of Used Tires Located At This Facility

NO

V

1

4

2003

-

S

.

.

•

IEPA.0Lp

SECTION

DESCRIPTION

.

C

ILLINOIS

ENVIRONMENTAL PROTECTION

ACT REQUIREMENTS

1.

9(a)

CAUSE, THREATEN

OR ALLOW

AIR POLLUTION IN ILLINOIS.

0

2.

9(c)

CAUSE OR ALLOW OPEN BURNING.

•

0

3.

12(a)

CAUSE, THREATEN

OR ALLOW WATER POLLUTION IN

11.LINOIS.

-

0

&

12(d)

CREATE

A

WATER POLLUTION HAZARD.

0

5.

•2 1(a)

CAUSE OR ALLOW OPEN DUMPING

~

USED T~ESZOTHER WASTE

6.

2 1(d)

CONDUCT A WASTE-STORAGE, TREATMENT, OR DISPOSAL OPERATION:

-

(1)

without a permit granted by the Agency

Note:cite only at tire disposal sites where tires are~it

disposed

after 1/1/92. Also

Mark

848.501(c), and 812.101(a) in

COther Requirements.

Also cite when other off-site generated waste has been disposed

0

7.

8.

(2)

•

in violation of anyregulations or standards adopted by the Board under this Act

Note: Also Mark appropriate Violations of Part 848

Z

2 1(e)

.

•

DISPOSE, TREAT, STORE, OR ABANDON

ANY WASTE EXCEPT AT A SITE WHICH

MEETS THE

REQUIREMENTS OF THIS AcT AND

R~GULATIONS.

Note: Also Mark appropriate Violations of Part 848

.

21(p)

•

CAUSE OR ALLOW THE OPEN DUMPINGOF ANY WASTE IN

A MANNER WHICH

RESULTS N

ANY OF THE

FOLLOWING OCCURRENCES

AT THE DUMP

SITE:

(I)

Litter

(2)

Scavenging

0

(3)

Open Burning

0

(4)

Deposition of Waste in Standing or Flowing Waters

0

(5)

Proliferation of Disease Vectors

.

•

0

9.

(6)

Standing or Flowing Liquid Discharge from the Dump Site

0

55(a)

•

NO PERSON SHALL:

---

LPC

if:

Date:

(1)

Cause or Allow Open Dumping of Any Used or Waste Tire

(2)

Causeor Allow Open

Burningof Any Used or Waste Tire

0

(5)

Abandon,

Dump

or Dispose of

Any Used or Waste Tire on Private or Public Property

S

(6)

Fail

to submit required reportsor

tire removal agreements

10.

11.

12.

13.

14.

iS.

16.

I7~

55(c)

FAILURE TO FILE THE REQUIRED NOTIFICATION WITh THE AGENCY BY

1/1/90 OR WITHIN30

DAYS OF

COMMENCEMENTOF THE DISPOSAL ACTIVITY.

•

S

55(d)(2)

,

-

CAUSINGOR ALLOWING THE OPERATION OF A

TIRE DISPOSAL SITE WITHOUT SUBMITI1NG, AND

RECEIVING WRITFEN APPROVAL OF, A

TIRE REMOVAL AGREEMENT, OR HAVING ENTERED INTO A

CONSENSUAL REMOVAL AGREEMENT.

•

~

55(e)

•

•

CAUSE OR ALLOW THE DISPOSAL

OF

ANY USED OR WASTE TIRE IN

VIOLATION OF ANY

-

REGULATION OR STANDARDADOPTED BY THE BOARD

Note: Also

Mark appropriate Violations of Part 848

55(f)

ARRANGE

FOR THE TRANSPORTATION OF USED OR

WASTETIRES AWAY FROM THE SITE OF

GENERATION WITH A

PERSON KNOWN TO OPENLY

DUMP SUCH TIRES

•

0

55(g)

NO PERSON SHALL ENGAGE IN ANY OPERATION AS

A

USED OR WASTE TIRE TRANSPORTER EXCEPT

IN COMPLIANCE WITh BOARD REGULATIONS.

Note: Also

Mark aViolation of Subpart F

•

0

55(h)

CAUSE OR ALLOW THE COMBUSTION OF ANY USED OR WASTE TIRE IN

AN ENCLOSED DEVICE

UNLESS

A PER~\’llT

HAS BEEN ISSUED BY THE AGENCY

0

55(i)

CAUSE OR ALLOW THE USE

OF PESTICIDES TO TREAT TIRES EXCEPT AS

PRESCRIBED BY BOARD

REGULATIONS.

Note: Also

Mark a Violation of 84S205

0

55(j)

FAILURE TO COMPLY WITH THE TERMS

OF A TIRE REMOVAL AGREEMENT.

0

18.

19.

55.4

~

FAILURE, BY THE OWNER OR OPERATOR OF A TIRE DISPOSAL SITE REQUIRED

TO FILE AND

RECEIVE

APPROVAL OF A TIRE REMOVAL AGREEMENT,

TO REMOVE USED OR WASTE TIRES FROM A TIRE

DISPOSAL SITE IN

A MANNER THAT:

-

a)

0

Minimizes the need for

further maintenance

b)

0

Removes all used and waste tires and anyresidues therefrom; and

c)

0

Protects human health during the removal andpost removal periods•.

•

Note: Also

Mark a Violation of 848.502

0

PART 848: SUBPART

B: MANAGEMENT STANDARDS

848202(b)

AT SITES

ATWHICH

MORE THAN

50

USED OR

WASTETIRES ARE LOCATED THE OWNEROR OPERATOR

SHALL:

S

-

(1)

NOT Place on or Accumulate Any Used or Waste Tire in Any Pile Outside of Any Building Unless the Pile

Is

Separated

from All Other Piles by

25

Feet andAisle Space Is Maintained To Allow theUnobstructed Movementof Personnel and

Equipment

•

0

(2)

NOT Accumulate

Any Used or Waste Tire in Any Area Located Outside of Any Building Unless the

Accumulation is

Separated from All

Buildings, Whether on or off the Site, by

25

Feet

•

0

(3)

NOT Place On

or Accumulate Any

Used or

Waste Tire in Any Pile Which is Less than 250 Feet from any Potential

Ignition Source, including

Cutting and Welding Devices, andOpen Fires Unless

All Such

Activities areCarried Out

Within

A Building

S

0

(4)

Drain Any Used or Waste Tire on theDay ofGeneration or Receipt

0

(6)

NOT Abandon.

Dump or Disposeof Any Used or Waste Tire on Private or Public

Property in illinois

(7)

NOT Accept Any Used or Waste Tires

from a Vehicle in Which More than 20 Tires

Have Been

Loaded Unless the

Vehicle Displays a TireTransporterPlacard.

•

0

(8)

NOT Accumulate Any Tires in

an Area with a Grade Exceeding 2

Without Meeting theRequirements of

848.202(d)(3)

0

LPC

61.

UTU

Trne

Disposal

SEe -2

---

LPC if:

Date:

20.

848.202(c)

IN ADDITION TOThE REQUIREMENTS

SET FORTH IN 848.202(b),

THE OWNEROR OPERATOR OF A SITE AT

-

WHICH

MORE THAN

500

USED

OR WASTE TIRES ARE

LOCATED SHALL:

(1)

Maintain a Contingency Plan Which Meets theRequirements of

848.203

(2)

Meet the Record keeping requirementsof Part 848 Subpart C

Note: Also

Mark a Violation of Subpart C

Z

21.

22.

(3)

•

Maintain waste tire

piles separated from grass, weeds, brush, over-hanging tree limbs, andsimilar vegetative growth by

no less than 50

feet.

0

848.202(d)

IN ADDITION TO THE REQUiREMENTS

SET FORTH

IN 848.202(b) and(c), THE OWNER OR OPERATOR AT SITES

AT

WHICH MORE THAN 10,000 USED OR WASTE TIRES ARE LOCATED SHALL COMPLY WITH THE FOLLOWING:

(2)

~.

The entrance shall be controlled at all times by an attendant,

locked entrance, television monitors, controlled roadway

access or other

equivalent mechanisms.

0

848.20~

CONTINGENCY PLAN

REQUIREMENTS

FOR DISPOSAL SITES

WITH MORE THAN

500

TIRES

(a)

•

The owner/operator must meet therequirements of 848.203.

Note: Also

Mark a Violation of 848.203(b), (c), (d), (e), (I), (g),

or (h)

•

0

(b)

•

S

The contingency plan must be designed to

minimize

the hazard to human health andthe environment from

fires and run-

offofcontaminants resulting from fires and from diseasespreading mosquitos and other nuisance organisms which may

breed in water accumulations

in used or waste tires.

0

(c)

•

Immediately implement the contingency plan provisions wheneverthere is a fire or run-off resulting from a tire fire, or

whenever there is evidenceofmosquito production.

0

(d)

The contingency plan must describe the actions that must be taken

in response to fires, run-offresulting from

tire fires

and mosquito breeding

in used or waste tires.

•

0

(e)

S

Thecontingency plan must include evacuation procedures for site personnel,

including signals,

evacuation routes and

alternateevacuation routes as well as provisions

for pesticide application.

0

(I)

The contingency plan must be maintained at thesite and submitted to state andlocal authorities.

-

0

(g)

The contingency plan must be reviewed andamended within

30

days if the plan fails or the emergency coordinator

changes.

0

(h)

At all times, there mustbe oneemergency coordinator on site or on call with responsibility for coordinating emergency

response procedures.

The emergency coordinator must be familiar with theplan and all aspectsof the site, and havethe

authority to commit theresources to carry out the plan.

0

STORAGE

OF USED AND WASTE TIRES WITHIN BUILDINGS ATTIRE DISPOSAL SITES

23.

848.204(a)

FAILURE TO MEET THE REQUIREMENTS OF SECTION 848.204

Note: Also Mark a Violation of 848.204(b), (c),

or (d)

.

0

24.

25.

848.204(b)

STORAGE OF LESS THAN 500 TIRES WITHIN

A BUILDING ALLOWED

F:

(1)0

Tires Drainedof All Water Prior

to Placement in the Building

(2)

0

All of the Buildings Windows

and Doors Maintained in WorkingOrder and Secured to Prevent

UnauthorizedAccess.

(3)

0

The Building Is Maintained So That it

Is Fully Enclosedand Has a Roof and

Sides Which Are

Impermeable

to Precipitation

(4)

0

The Storage of Used or Waste Tires

Is not in a Single

Family Home or a Residential Dwelling

0

848.204(c)

IN

ADDmON TO THE REQUIREMENTS SET FORTH

IN SECTION 848.204(b), THE OWNEROPERATOR OF A

SITE

WITh 500 OR MORE USED OR WASTETIRES STORED WITHIN BUILDINGS SHALL:

(1)

Develop a tire storage plan in consultation with fire officials meetingthe requirements of: 848.204 (c)(I)

(A)

0

considering the type of building to

be used for thetire storage.

(B)

0

the planshall include, but not be limited to, tire storage arrangement; aisle space; clearance

distances between tire piles and sprinklerdeflectors; andaccess to fire fighting personnel and

equipment

S

(C)

0

a copy of the plan shall be filed with the Agencywithin

60 days ofand implemented

within

14

days

of filing with the Agency.

S

S

0

.

---

LPC #:

Date:

(2)

Haveand maintain acontingency plan which meets therequirements ofSection

848.203

-

0

26.

27.

(3)

Meet the record keeping andreporting requirements of Subpart C

Note: Also

Mark a Violation of Subpart C

5

.

0

848.204(d)

A

BUILDING THATSTORES MORE THAN 10,000 USED OR

WASTE TIRES, AND WAS CONSTRUCTED

AFTER 5110/91, FOR ThE PRIMARY PURPOSE OF STORING USED OR WASTE TIRES, SHALL COMPLY

WITH THE

NFPA

231 D BUILDING STANDARD.

S

0

PESTICIDE TREATMENT

848.205

4

OWNERS OR OPERATORS OF TIRE DISPOSAL SITES

TREATING USED OR WASTE TIRES

WITH PESTICIDES

PURSUANT TO.THIS PART OF TITLEXIVOF THE ACT (SHALL):

(a)

Use aPesticide Labeled

for Control of Mosquito Larvae Unless an Adult Mosquito Problem is Identified

0

‘(b)

1

Maintain a recordof pesticide use at thesite which shall include for each application:

(1)

0

Dateof Pesticide Application

(2)

0

Number ofUsed or Waste Tires Treated

(3)

0

Amount ofPesticide Applied

(4)

0

Type ofPesticide Used

0

(c)

Notify the Agencyof Pesticide Use Within

10 Days of Each Application. Notification shall include the information in

848.205(b).

0

28.

848.205(d)

Persons Applying Pesticides

to Used and Waste Tires Must Comply with the Requirementsof the illinois PesticideAct

(ill.

Rev. Stat.

1989,

ch.

5, par.

801 etseq.)

‘

0

—

PART 848: SUBPART C: RECORD KEEPING AND REPORTING

-

Note: Applies to Disposal Sites with 500 or more Used or Waste Tires

29.

30.

848.302(a)

The owner/operator shall keep on site a:

(1)

0

DailyTire Record

(2)

0

Annual Tire Summary

0

848,303(a)

•

FAILURE TO

MAINTAIN A DAILY TIRE RECORD

THAT INCLUDES:

-

0

Day of the Week

0

Date

0

Agency Site Number

o

Site Name and Address

0

31.

32.

848.303(b)

FAILURETO RECORD IN THE DAILY TIRE RECORD THE FOLLOWING

INFORMATION

(1)0

Weight or volume of used or waste tires received at thesite during the operating day.

(2)

0

Weight or volume of used or waste tires transported from thesite and thedestination of the tires so

transported.

(3)

0

Total number ofused or waste tires remaining in storageat theconclusion ofthe day.

(4)

0

Weight or volume of used or waste tires burned or combusted during the day.

0

848.304

FAILURETO MAINTAIN ON SITE AN ANNUAL TIRESUMMARY FOR EACH CALENDAR YEAR

THAT INCLUDES:

(a)

The site number, name and address andthecalendar year for whichthe summary applies.

0

•

(b)(1)

Theweightorvolumeoftires received

5

5

5

0

(b)(2)

Theweight or volume oftires transported from thesite

0

(b)(4)

Theweight or volume of used

orwaste tires combustedduring thecalendar

year

0

31

848.304(c)

FAILURETO SUBMIT THE ANNUAL TIRE SUMMARY BY JANUARY 31 OF EACH YEAR

•0

34.

848.305

FAILURETO RETAIN REQUIRED

RECORDS ON SITE FOR

3

YEARS

0

PART 848: SUBPART D: FINANCIAL ASSURANCE

NOTE: Applies

to sites which have disposed 50 or more used or waste tires,

and which do not have written approval of atire removal agreement, per 848.208

35.

848.400(b)(I)

AT TIRE DISPOSAL SITES ATWHICH TIRES ARE FIRST DISPOSED ON OR AFTER 1/1/92.

FAILURE

TO COMPLY WITH SUBPART D PRIOR TO

DISPOSING ANY USED

OR WASTE TIRES

Note: Also Mark a

Violation of 848.401

or 848.404

I

Pr

6 I. I TII

Tire

Disposal

Site -4

---

LPC~:

Date:

36.

37.

848.400(b)(2)

AT

TIRE

DISPOSAL SITES AT WHICH TIRES

ARE

DISPOSED PRIOR TO

1/1/92,

FAILURETO

COMPLY WITH SUBPART D

BY

1/1/92.

Note: Also Mark a Violation of 848.401

or 843.404

5

•

0

848.40 1(a)

FAILURETO MAINTAIN

FINANCIAL ASSURANCE EQUAL TO OR

GREATER THAN THE CURRENTCOST

ESTIMATE CALCULATED PURSUANT TO SECTION 848.404 AT ALL TIMES, EXCEPT AS OThERWISE

PROVIDED BY 848.401

(b).

5

~

38.

39.

848.401(b)

,

~‘‘

..

S

FAILURE TO

INCREASE ThE TOTAL AMOUNT OF FINANCIAL

ASSURANCE SO AS TO

EQUAL THE

CURRENT

COST ESTIMATE WITHIN 90 DAYS AFTER ANY OF THE FOLLOWING:

(1)

0

an increase in thecurrent cost estimate

(2)

0

a decrease in the value of a trust fund

(3)

0

adetermination by the Agencythat an owner or operator no longer meets the financial test of

Section 848.415

(4)

0

notification by theowner or operatorthat theowner or operatorintends to-substitute alternative

financial

assurance,

as specified in Section

848.406 for self-insurance

50

848.404(a)(2)

~

BY JANUARY

I

OF EACH YEAR. FAILURE TO SUBMIT

A WRIUEN COST ESTIMATE OF THE COST OF

REMOVING ALL

USED OR WASTE TIRES.

4CL

848.404(b)

FAILURE TO REVISE THE COST ESTIMATE WHEN COST ESTIMATES INCREASE.

0

S

PART

848:

SUBPART

E: TIRE REMOVAL AGREEMENTS

41.

S

848.501(a)

AT

TIRE

DISPOSAL

SITES AT WHiCH

TIRES

ARE FIRST DISPOSED

ON OR BEFORE 1/1/92, ThE

OWNER/OPERATOR SHALL OBTAIN BY

1/1/92

WRI1TEN APPROVAL FROM THE AGENCY

OF A TIRE

REMOVAL AGREEMENT SUBMI1TED

PURSUANT TO THIS SUBPART.

—

42.

848.50 1(c)

~

FAILURE TO FIRST OBTAIN

A LANDFILL PERMIT FROM THE AGENCY FOR TIRE DISPOSAL SITES AT

WHICH TIRES ARE FIRST DISPOSED

AFTER

1/1/92.

0

43.

848.502

FAILURE, BY THE

OWNER OR OPERATOR OF A TIRE DISPOSAL SITE

REQUIRED TO

FILE AND

RECEIVE APPROVAL OF A

TIRE REMOVAL AGREEMENT,

TOREMOVE USED

OR WASTE TIRES

FROM

A

TIRE DISPOSAL SITE IN

A MANNER THAT:

(a)

0

Minimizes the need for

further maintenance

(b)0

Removes all

used and waste tires and any residues

therefrom; and

-

(c) ~

Protects human health during theremoval and post removal periods.

0

44.

848.506(a)

AT TIRE

DISPOSAL SITES AT WHICH TIRES

ARE FIRST DISPOSED

MTER

1/1/92,

ThE

OWNER/OPERATOR SHALL SUBMIT

A PROPOSED

TIRE REMOVAL AGREEMENT WITHIN 30 DAYS

AFTER RECEIPT OF THE KNOWN FINAL VOLUME

OF USED TIRES.

0

45.

848.506(b)

THE OWNER OPERATOR SHALL BEGIN REMOVAL OF USED AND

WASTETIRES

IN ACCORDANCE

WITH THE APPROVED TIRE REMOVAL AGREEMENT WITHIN 30 DAYS AFTER WRflTEN AGENCY

APPROVAL, UNLESS THE TIRE REMOVAL AGREEMENT SPECIFIES

OTHERWISE

5

PART

848:

SUBPART

F:

TIRE-TRANSPORTATION REQUIREMENTS

S

-

46.

848.60 1(a)

S

NO PERSON SHALL TRANSPORT MORE THAN 20 USED OR WASTE TIRES IN A

VEHICLE UNLESS

THE

FOLLOWING REQUIREMENTS

ARE MET:

S

(1)

0

theowner or operator has registered the vehiclewith the Agency in accordance with Subpart F,

received

approval of such registration from theAgency,

andsuch registration is current, valid and

in effect

(2)

0

theowner or operator displays a placard on the vehicle, issued

by the Agency following

registration,

in accordance with the requirements of Subpart F.

0

47.

848.60 1(b)

NO PERSON

SHALL PROVIDE, DELIVER OR TRANSPORT USED OR WASTE TIRES TO

A TIRE

TRANSPORTER FOR TRANSPORT UNLESS

THE TRANSPORTER’S VEHICLE DISPLAYS

A

PLACARD

ISSUED

BY THE AGENCY UNDERSUBPART F IDENTIFYING THE TRANSPORTER

AS A

REGISTERED

TIRE HAULER.

5

0

48.

348.606(a)

S

UPON APPROVAL OF A

REGISTRATION

AS

A TIRETRANSPORTER, THE

OWNER OR OPERATOR OF

ANY VEHICLE REGISTERED TO TRANSPORT USED OR WASTE TIRES SHALL PLACE A

PLACARD

ON

OPPOSITE SIDES OF THE VEHICLES WHICH DISPLAYS

A

NUMBER ISSUED

BY

THE AGENCY

FOLLOWING ThE WORDS “Registered Tire Transporter: (number).”

5

49.

848.606(b)

~

REGISTERED TIRETRANSPORTER NUMBERS

AND LE1TERS SHALL BE

REMOVABLEONLY BY

DESTRUCTION. bIRECTLY ADJACENT TO THE WORDS AND NUMBER, ThE VEHICLE OWNER AND

OPERATOR SHALL DISPLAY A SEAL FURNISHED BY THE AGENCY WHICH SHALL DESIGNATE THE

DATE ON WHICH ThE REGISTRATION

EXPIRES.

0

—

---

LPC#:

Date:

OTHER

REQUIREMENTS’

S

-

50.

8 12.101(a)

FAILURE

TO SUBMIT AN APPLICATION

FOR A

PERMIT

TO

DEVELOP AND

OPERATE A LANDFILL

51.

~3

APPARENT VIOLATION OF:

(0)

PCB; CASE NUMBER:

(0)

CIRCUIT COURT ORDER ENTERED ON:

S

0

5

Signature of Inspector(s)

~~JOiY\

(IYI\i...Q/

Informational Notes:

I.

Illinois

Environmental Protection Act: 415 ILCS 5/I

et

seq.

-

2.

Illinois Pollution

Control Board: 35

Ill. Adm. Code, Subtitle G.

3.

Illinois

Pollution Control Board: 35

Ill.

Adm.

Code, Subtitle0,

Chapter

I, Subchapter m, Part 848.

4.

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 ofsome

statutes

and regulations cited are in summary format.

Full text ofrequirements can be found in the

references listed

in

#1, #2, and #3

above.

S

5.

The provisions ofsubsection (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

ofthe Act.

-

6.

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).

7.

Items marked

with

an “NE”

were not evaluated at the time of this inspection.

Lt’C 62. IJTU

Tire Disposal Site.

6

---

TIRE REMOVAL

AGREEMENT

S

.

REQUII~EMENTS

Section 55(d)(2) ofthe illinois Environmental Protection Act (Act) states that:

No person ;haII

cause

or allow the operation ofa

tire

disposal site unless the

owner

or operator

has

received

approval

from the Agency after filing a Tire Removal Agreement.

Once a Tire Removal

Agreement has

been

approved by.the Agency, Section

55(j) ofthe Act states that no person shall fail to comply with

the

terms

ofa

Tire

Removal Agreement.

35

Illinois

Administrative Code (35

I.A.C.)

Section 848.502 states that (Note: Capitalization

denotes statutory

language

ofSection

55.4

ofthe Act):

THE OWNER

OR OPERATOR

OF A TIRE DISPOSAL

SITE REQUIRED

TO

FILE ANDRECEiVE

APPROVAL

OF A

TIRE REMOVAL AGREEMENT UNDER this

Subpart E

SHALL

REMOVE

USED OR

WASTE

TIRES

FROM

THE SITE IN AMANNERTHAT:

S

a.

MINIMIZES THE NEED FOR FURTHER MAINTENANCE;

b.

REMOVES ALL

USED AND

WASTE TIRES AND ANY RESIDUES THEREFROM; AND

S

c.

PROTECTS HUMAN HEALTH DURING THE REMOVAL AND

POST

REMOVAL PERIODS.

(Section

55.4(a)

ofthe Act)

35

I.A.C. Section 848.503 states that:

S

a)

A proposed TIRE REMOVAL AGREEMENT SUBMITTED

TO THE AGENCY for

approval under this

Subpart

E

SHALL INCLUDE

THE FOLLOWING:

1)

A COMPLETE INVENTORY

OF THE TIRES LOCATED ON THE

sim.

S

2)

A DESCRIPTION OF HOW THE REMOVAL

WILL

BE CONDUCTED

IN ACCORDANCE WITH

Section

848.502.

5

3)

ADESCRIPTION

OF

THE METHODS

TO BE

USED

DURING REMOVAL INCLUDING, BUT

NOT

LIMITED

TO, THE METHODS

FOR

REMOVING,

TRANSPORTING, PROCESSING,

STORING OR

DISPOSING

OF

TIRES AND RESIDUES, AND THE OFFSITE FACILITIES

TO BE USED.

4)

ADETAJLED DESCRIPTION

OF

OTHER ACTIViTIES

NECESSARYDURING THE

REMOVAL

PERIOD

TO

ENSURE THAT

THE

REQUIREMENTS

OF Section 848.502 ARE

MET.

~S

S

5)

A SCHEDULE OF COMPLETING THE REMOVAL OF

TIRES

FROM

THE SITE, AS REQUIRED IN

Section 848.504.

(Section

55.4(b)

ofthe Act)

b)

The owner or operator maypropose amendment ofthe tire removal agreement at any time prior to notification

ofthe completion

ofpartial

or final removal oftires from the

facility.

To request a change in

an approved tire

removal permit, the owner

or

operatorshall submit a written request to the Agency

The written request must

include

a5 copy ofthe amended tire removal agreement for approval by the Agency.

c)

Nothing in this

Section shall preclude the

owner

or

operator from removing used or waste tires in accordance

with the

approved

partial

or

final tire

removal agreement before

certification ofcompletion ofpartial

or final

removal.

S

---

35

I.A.C.

Section 848.504 states that:

5

5

a)

EACH APPROVED tire removal

AGREEMENT SHALL INCLUDE A SCHEDULE BY WHICH THE

OWNER OR.

OPERATOR MUST COMPLETE THE REMOVAL

ACTIVITIES.

THE TOTAL TIME

ALLOWED

SHALL

NOT

EXCEED THE

FOLLOWING:

1)

ONE YEAR IF THE SITE CONTAINS

1,000

TIRES

OR LESS;

~

2)

TWO YEARS IF THE SITE CONTAINS MORE

THAN 1,000

TIRES BUT

LESS THAN 10,000

TIRES;

S

3)

FIVE YEARS IF THE SITE

CONTAINS

10,000

OR MORE

TIRES.

b)

THE

OWNER

OR OPERATOR

MAYAPPLY FOR AN EXTENSION OF TIME, NO LATER THAN 90

DAYS BEFORE THE

END

OF THE TIME PERIOD SPECIFIED

IN THE

AGREEMENT.

THE AGENCY

S

SHALL

NOT

GRANT

SUCH

AN EXTENSION UNLESS IT DETERMINES THAT THE OWNER

OR

/

~---

OPERATOR

HAS

PROCEEDED TO

CARRY OUT THE AGREEMENT WITH

ALL

DUE DILIGENCE.

THE REQUESTED EXTENSION

OF

TIME MAY

NOT EXCEED 3

YEARS, AND THE AGENCY MAY

APPROVE THE REQUEST AS

SUBMrUED

OR

MAY APPROVE A

LESSER

AMOUNT

OF

TIME if the

removal activities

can

be

completed within such lesser amount oftime.

(Section

55.4(d)

35 I.A.C. Section 848.505 states that:

a)

The removal plan

is

the approved

tire

removal agreement for the site,

if one has been approved.

Otherwise,

the removal plan is the proposed tire removal agreement.

b)

An owneror operatorwho has provided financial assurance based on

a proposed agreement shallprovide

substitute financial assurance based on the approved plan within 90 days after theAgency approves a tire

removal agreement.

This may consist ofsubstitute financialassurance, or a letterfrom the financial institution

acknowledging receipt ofthe approved plan and indicating no objection.

35 I.A.C. Section 848.506 states that:

S

a)

Any owner

or operator who is

required to

obtain financial assurance under this Subpart shall submit a

proposed tire removal agreement to the Agencythat satisfies Sections 848.502

-

848.505

within 30 days after

the date on which any tire

disposal

site

or

tire storage site receives the known fmal volume ofused

or

waste

tires

or,

if there is a reasonable possibility that the tire disposal site or tire storage site will receive additional

used

or waste tires, no later than one year after the

date

on

which the site received the most recent volume of

used or waste tires.

Ifthe owner oroperator ofa tire storage site or tire disposal site demonstrates to the

Agency

that the site has the capacity to receive additional

used

or waste

tires and the owner or operatorhas

taken and will continue to take all

steps

to prevent

threats

to

human health and the environment,

the Agency

shall approve an extension to this one-year limit.

b)

The owner or operator shall begin removal ofused and waste tires in accordancewith the approved tire

removal agreement

within

30

days after

written Agency approval ofthe tireremoval agreement unless the tire

removal agreement specifies otherwise.

S

c)

The Agency shall have authority to approve a later date for initiation oftire removal in a tire removal

agreement if:

S

S

1)

the owner or operator demonstrates

to the Agency that a binding contractual relationship exists under

which the owner or operator will remove all used and waste tires from the site within two years;

or

---

2)

other factors relative to

operation of

the site necessitate a later date for

initiating removal of used and

waste tires.

35 LA.C. Section 845.507 states that:

WITHIN 60 DAYS AFTER THE COMPLETION OF REMOVAL

ACTIV1T~ES

UNDER AN APPROVED

tire

,,-

removal

AGREEMENT under this Subpart

B, THE OWNER OR

OPERATOR SHALL

SUBMIT

TO

THE

AGENCY A CERTIFICATION

THAT THE SITE

OR THE AFFECTED PORTION OF THE

SiTE subject to a

tire removal agreement HAS

BEEN CLEARED

OF TIRES IN ACCORDANCE WITH THE APPROVED

tire

removal AGREEMENT.

(Section

55.4(e)

ofthe Act)

35 LA.C. Section 848.508 states that:

S

FOR A SITE AT~WH1CH

THE OWNER OR OPERATOR IS PROPOSING TO PROCEED WITH REMOVAL

under a tire removal agreement, ratherthan obtaining a permit under 35 Ill. Adm. Code:

Subtitle

G:

Waste

Disposal for the disposal ofsolid waste in a landfill, THE AGENCY SHALL APPROVE, MODIFY OR

DISAPPROVE A PROPOSED AGREEMENT WITHIN

90

DAYS OF RECEIVING IT.

IF THE AGENCY

DOES NOT APPROVETHE

AGREEMENT, THE

AGENCY

SHALL PROVIDE THE OWNER

OR

OPERATOR WITH A WRflTEN STATEMENT

OF REASONS FOR THE

REFUSAL, AND THE OWNER

OR

OPERATOR

SHALL MODIFY THE

AGREEMENT

OR

SUBMIT A NEW AGREEMENT

FOR APPROVAL

WITHIN 30 DAYS

AFTER

RECE

WING

THE STATEMENT.

THE AGENCY SHALL APPROVE OR

• MODIFY THE SECOND PROPOSED AGREEMENT

WITHIN

60 DAYS.

IF

THE

AGENCY MODIFIES THE

SECOND PROPOSED AGREEMENT, THE AGREEMENTAS MODIFIED SHALL BECOME THE

APPROVED AGREEMENT.

(Section

55.4(c)

ofthe Act)

35

I.A.C. Section

848.509

states that:

S

MODIFICATION

OF

ORREFUSAL

TO MODIFY A proposed

tire removal AGREEMENT

SUBMLIThD BY

AN OWNER OR OPERATOR PROPOSING TO PROCEED WITH REMOVAL under a tire removal

agreement

IS A PERMIT DENIAL FOR PURPOSES OF appeal pursuant to 35

111.

Adm. Code

105.

(Section

55.4(t)

ofthe

Act)

S

S

S

•

S

S

S

---

)ntlactors

of t

late to remo~

‘

an

owners)

5~

S5

~5

•

5

.

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•

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SS5~f~SS

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real

estate

wing

of

proper

the

above-c

ibntheabove’

I

or waste

tires thatr~

3d

C

res at the

above.c

-

~claims which

may arise against the

State

of Illinois ortheIr~

:ontractors

In

the course of

performing

the

actions described

miess the

Agency, or anyofficers, ømployees.

authorized

rep

~

removal,

for

any

damage to

property incurred

-

-

‘or intentional

mlsconduct~

‘assIstance

requested by the

Agency or any officers, employees,

authc

the

Agency

In

locating

used or waste

tires

on the above.descrlbed real

estateos

ate their

removal.

hail remain

In effect

for a

period of one year.

•S5~5

rn of the State of iiIInols~u~dirtaking

of

the

removal

of up to

1,000

u~ed

at estate at

r~o

cost

to the

undersigned.

S

~sent

Agreement Is entered

Into volunta~Ily

and

wfthout

coerclon~thaithe

t granted In

cor~ideratIön

of

release

of

claims which the

State~bt

Ililnols may

as pro’Iided inparagra~A9.

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---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

4500

SOUTH

SIXTH

STREET

ROAD,

SPRINGFIELD,

ILLINOIS

62706

RENEE

CIPRIANO,

DIRECTOR

S

217-786-6892

•

FAX

217-786-6357

January 14, 2003

CERTIFIED MAIL # 7000 1670 0009

0601

9907

RETURN RECEIPT REQUESTED

S

Mr. Doug Carrico

19291

Carrico Road

Kane,

IL

62054

Re:

Violation Notice, L-2002-01430

LPC#06181 15003

—

Greene

County

S

Kane/Carricos Auto Heap

Compliance File

Dear Mr. Carrico:

This. constitutes~

a

Violation

Notice

pursuant

to

Section

3 1(a)(1)

of the

Illinois

Environmental

S

Protection Act, 415

ILCS

5131(a)(1),

and is based an inspection completed on December

5,

2002,

by representatives of the Illinois Environmental Protection Agency

(“Illinois EPA”).

A copy of

the inspection report is enclosed.

S

The Illinois

EPA hereby provides

notice of violations of environmental

statutes,

regulations,

or

permits as set

forth in the attachment to

this letter.

The attachment includes an

explanation of the

activities

that

the

Illinois

EPA

believes

may

resolve

the

specified

violations,

including

an

estimate of a reasonable time period

to

complete the necessary activities.

Due

to the nature and

seriousness ofthe violations

cited, please be advised that resolution ofthe violations may require

the

involvement of a

prosecutorial authority for purposes

that

may include,

among

others,

the

imposition of statutory penalties.

A written response, which may include a request for a meeting with representatives ofthe Illinois

EPA. must be

submitted

via certified mail

to

the

Illinois

EPA within

45

days

of receipt of this

letter. The response must address each violation specified in the attachment and include

for each

an

explanation

of

the

activities

that

will

be

implemented

and

the

time

schedule

for

the

completion

of

that

activity.

The

written

response

will

constitute

a

proposed

Compliance

Commitment

Agreement

(“CCA”)

pursuant

to

Section

31

of the

Act.

The

Illinois

EPA will

review the proposed CCA

and will accept or reject it within 30

days ofreceipt.

S

If a timely written response to this Violation Notice is not provided, it shall be considered to be a

waiver ofthe opportunity to respond and

to

meet provided by

Section 31(a) of the Act,

and the

Illinois EPA mayproceed with

a referral to

the prosecutorial authority.

S

PRINTED ON

RECYCLED

PAPER

---

January 14, 2003

Mr.

Doug

Cameo

Page 2

Written communications should be directed to:

Illinois EPA

—

Bureau of Land

Attention:

Jan Mier

4500 South Sixth Street

Springfield, IL

62706

All

communications

must include

reference, to

your

Violation

Notice #L-01430.

If you

have

questions regarding this matter, please contact Jan Mier at the above number.

David C. I

Springfield Re’~thi

Manager

Field Operations Section

Division ofLand Pollution Control

DCJ/JEM/rr(U:\jem\carricodoc)

Enclosures

cc:

DLPCiDivision File

DLPC/FOS

—

Springfield Region

---

ATTACHMENT A

Pursuant

to

Section

21(a)

of

the

Jilinois

Environmental

Protection

Act

(415

ILCS

5/21(a)),

no

person

shall

cause

or

allow

the

open

dumping

of

any

waste.

A

violation of

Section

2 1(a)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/21(a))

is

alleged

for the

following

reason:

You

have

caused

or

allowed

the open

dumping ofwaste.

2.

Pursuant

to

Section

21(d)

of

the

Illinois

Environmental

Protection

Act

(415

ILCS

5/21(d)),

no

person

shall

conduct

any

waste-storage,

waste-treatment,

or waste-disposal

operation:

Without a permit

granted by the Agency or in violation ofany conditions imposed by such

permit,

including periodic reports and full access to

adequate records

and the inspection of

facilities,

as may be necessary to

assure compliance with this Act and with regulations and

standards adopted there under...

S

1.

In violation of any regulations or standards adopted by the Board under this Act.

2.

This

subsection (d) shall not apply to hazardous waste.

A

violation

of Section

21(d) of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/21(d))

is

alleged

for the

following

reason:

You

are

conducting

a

waste

disposal

operation

in violation of regulations

and standards adopted thereunder.

3.

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

there

under.

A violation

of Section

21(e)

of the

Illinois

Environmental

Protection

Act

(415

1LCS

5/21(e))

is

alleged

for

the

following

reason:

You

have

disposed,

treated,

stored or

abandoned

waste

at

a

site

which

does

not

meet

the

requirements

of

the

Act

or

regulations.

4.

Pursuant

to

Section

21(p)

of

the

Illinois

Environmental

Protection

Act

(415

ILCS

5/21(p)), no person shall, in

violation ofsubdivision (a) ofthis

Section21,

cause or allow

the open dumping of any waste in a manner which results in

1.

litter;

2.

scavenging;

3.

open burning;

4.

deposition ofwaste in standing or flowing waters;

5.

proliferation of disease vectors;

6.

standing or flowing liquid discharge from the dump site; or

7.

deposition of“general construction or demolition debris” or “clean construction or

demolition debris”.

S

---

The prohibitions

specified

in this

subsection

Q)

shall be enforceable by the Agency either

by administrative

citation

under Section

31.1

of this Act or as

otherwise provided by this

Act.

The

specific

prohibitions in

this

subsection

do

not

limit the power of the Board

to

establish regulations orstandards applicable to open dumping.

A violation of Section

21(p)(l)

of the Illinois

Environmental Protection Act

(415

IILCS

5/21 (p)(I)) is alleged for the following reason:

litter was observed on your site.

5.

Pursuant

to

Section

55(a)(1)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/55(a)(1)),

no

person shall cause or allow the open dumping ofany used or waste tire.

A violation of Section

55(a)(1)

of the Illinois

Environmental Protection Act

(415 ILCS

5/55(a)(1))

is alleged for the following reason:

tires were observed open

dumped at your

site.

6.

Pursuant

to

Section

55(a)(5)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/55(a)(5)),

no

person shall abandon, dump

or dispose of any used or waste tire on private

or

public

property,

‘except

in

a

sanitary

landfill

approved

by

the

Agency

pursuant

to

regulations adopted by the Board.

A violation of Section

55(a)(5)

of fhe

Illinois

Environmental Protection

Act

(415 ILCS

5/55(a)(5))

is

alleged

for

the

following

reason:

You

have

dumped

tires

on

private

property.

7.

Pursuant

to

Section

55(a)(6)

of the

Illinois

Environmental

Protection

Act

(415

LOS

5/55(a)(6)),

no

person

shall

fail

to

submit

required~reports,

tire

removal

agreements...

A violation of Section

55(a)(6)

of the Illinois

Environmental

Protection

Act

(415 ILCS

5/55(a)(6))

is alleged for the following reason: You

have failed to

submit

a Tire Removal

Agreement.

8.

Pursuant

to

Section

55(c)

of

the

Illinois

Environmental

Protection

Act

(415

ILCS

5/55(c)),

any person who operates a tire storage site or a tire disposal

site which

contains

more than

50

used

or waste

tires shall give

notice of such activity

to

the

Agency.

Any

person engaging in such activity for the first time after January

1,

1990, shall give notice to

the Agency within

30

days after the date of commencement of the

activity.

The

form of

such notice

shall be

specified by the Agency and shall be

limited to information regarding

the following:

1.

the name and address ofthe owner and operator;

2.

the name, address and location ofthe operation;

3.

the type of operations involving used and waste tires (storage, disposal,

conversion or

processing); and

4.

the number ofused and waste tires present at the location.

---

A violation

of Section

55(c)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/55(c))

is

alleged

for the

following

reason:

You

have

not

notified

as

a

tire disposal

facility.

S

9.

Pursuant

to

Section

55(d)(2)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/55(d)(2)),

beginning

January

1,

1992,

no

person shall cause or allow the operation of a

tire disposal

site, unless

the owner or operator (i) has received approval from

the Agency

after filing

a

tire removal

agreement pursuant

to

Section

55.45,

or

(ii)

has entered

into a

written agreement to participate in a consensual removal action under Section

55.3.

A violation

of Section

55(d)(2)

of the

Illinois

Environmental

Protection Act

(415

1LCS

5/55(d)(2))

is alleged for the following reason:

You have failed to submit a Tire Removal

Agreement.

10.

Pursuant

to

Section

55(e)

of

the

Illinois

Environmental

Protection

Act

(415

ILCS

5/55(e)),

no

person shall cause

or allow the

storage, disposal,

treatment

or processing of

any used orwaste tire in violation of any regulation or standard adopted by the Board.

A

violation

of

Section

55(e)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/55(e))

is

alleged for the following reason:

You

have

disposed

of tires

in

violation

of

regulations and standards adopted by the Board.

11.

Pursuant to

35

Ill.

Adm.

Code

848.202(b)(6), at sites

at which more than

50 used or waste

tires are located the owner or operator shall comply with the following requirement:

USED

OR

WASTE

TIRES

SHALL NOT BE

ABANDONED,

DUMPED

OR DISPOSED

ON

PRIVATE

OR

PUBLIC

PROPERTY

IN

ILLINOIS,

EXCEPT

IN

A

LANDFILL

PERMITTED

BY THE

AGENCY PURSUANT

TO

35

ILL.

ADM.

CODE

807

OR

811.

(Section

55(a)(5)

ofthe Act)

A violation of 35

Ill.

Adm.

Code 848.202(b)(6)

is

alleged for the following reason:

Used

or waste tires

have been

dumped on private

property.

S

12.

Pursuant to

35

Ill.

Adm.

Code

848.202(c)(1), in

addition to the requirements set

forth in

subsection

848.202

(b),

the

owner

or

operator

shall

comply

with

the

following

requirement

at

sites

at

which

more

than

500

used

or

waste

tires

are

located.

A

contingency plan which meets the requirements ofSection 848.203

shall be maintained.

A violation

of

35111.

Adm.

Code

848.202(c)(1)

is

alleged for the

following reason:

You

have not maintained

a contingency plan.

13.

Pursuant

to

35

Ill.

Adm.

Code

848.202(c)(2),

in

addition

to

the requirements

set

forth

in

subsection

848.202

(b),

the

owner

or

operator

shall

comply

with

the

following

requirement

at sites

at which more than

500

used or waste

tires are located.

The record

keeping and reporting requirements of 35

Ill. Adm. Code 848

Subpart C shall be met.

A violation

of 35

Ill.

Adm.

Code

848.202(c)(2)

is

alleged for the following reason:

You

have not maintained a daily tire record or

an annual tire summary.

---

14.

Pursuant

to

35

111.

Adm.

Code

848.204(c),

in

addition

to

the

requirements

set

forth

in

subsection 848.204

(b), if 500 or more used or waste

tires are stored within

a

building,

then the owner or operator shall:

1)

develop a tire storage

plan

in

consultation with the

local

fire department or the state

fire marshal meeting the following requirements:

A)

the plan shall be developed by considering the type ofbuilding to be used for tire

storage, i.e. warehouse or grain elevator, and the type ofused or waste tires being

stored, i.e. whole or shredded;

B)

the plan

shall

include,

but not

be

limited

to:

the tire storage arrangement; aisle

space if necessary; clearance distances between tire piles and the building

ceiling,

unit

heaters,

duct

furnaces

and

sprinkler

deflectors;

and

access

to

fire

fighting

personnel and equipment; and

C)

a copy of the tire storage plan shall be filedwith the Agency within 60 days ofthe

effective date of this

Part

848

and the plan requirements shall be implemented

within 14 days of filing the tire storage plan with the Agency;

2)

have

and

maintain

a

contingency

plan

which

meets

the

requirements

of Section

848.203; and

3)

meet the record keeping an

reporting requirements

of

35

Ill.

Adm.

Code 848

Subpart

0.

A violation of 35

Ill.

Adm.

Code

848.204(c)

is

alleged for the following reason:

You

do

not

have

a tire storage plan developed in

consultation with the local

fire departments

that meets

the requirements of Section

848.204(c)(1);

you do not

have

a

contingency

plan

that

meets

the

requirements

of

Section

848.203;

you

do

not

meet

the

record

keeping

and reporting requirements of 35

Ill.

Adm. Code 848

Subpart C.

15.

Pursuant to

35111.

Adm.

Code

848.302(a), the owner or operator shall keep

a

record ofused

and waste tires at the site.

The owner and

operator shall keep the following records:

1)

Daily Tire Record

2)

Annual Tire Summary

A violation of 35

Ill. Adm.

Code

848.3 02(a) is

alleged for the following reason:

You

have

not kept a daily tire record or

an annual tire summary required by Subpart C.

16.

Pursuant

to

35

Ill.

Adm.

Code

848.400(b), unless

exempted by

subsection 848.400

(c),

owners and

operators shall comply with this 35

Ill.

Adm. Code 848

Subpart D:

1)

Prior to

storing or disposing any used or waste tires, for sites where used or waste tires

are first stored or disposed on or after January

1,

1992;

2)

By January

1,

1992,

for sites

where used or waste

tires are disposed or stored

prior to

January

1,

1992.

---

A violation or 35

111.

Adm.

Code 848.400(b)

is

alleged

for the following reason: Financial

assurance and cost estimates required by Subpart D

have not been maintained.

17.

Pursuant

to

35

Ill.

Adm.

Code

848.401(a),

the owner or operator

shall

maintain

financial

assurance equal to or greater than the current cost estimate calculated pursuant

to

g48.404

at. all times, except as otherwise provided by subsection 848.40

1

(b).

A violation of 35

Ill.

Adm.

Code 848.40 1(a) is

alleged for the following reason:

Financial

assurance was not maintained.

18.

Pursuant to 35

Ill. Adm. Code 848.404(a), the

owner

or operator shall submit to the Agency

a

written

estimate ofthe cost ofremoving all used

and

waste tires from

the site.

I.)

The

owner or operator shall submit the cost estimate with the

annual

notice of activity

pursuant

to Section

55(d)

ofthe Act.

2)

The cost estimate is

due on January

1 ofeach year, commencing January

1,

1992.

A violation of 35

Ill. Adm.

Code 848.404(a)

is alleged for the following reason:

You have

not submitted a written estimate of the cost of removing all used

and waste tires from

the site.

19.

Pursuant to

35

Iii.

Adm.

Code 848.501(a),

by January

1,

1992,

the owner or operator

of

a

tire disposal

site

shall obtain

written

approval from the Agency ofa tire

removal agreement

submitted pursuant to

this

35

Ill. Adm.

Code

848

Subpart

E

unless:

1)

THE OWNER

OR

OPERATOR HAS

ENTERED INTO A WRITTEN AGREEMENT

TO

PARTICIPATE

IN A CONSENSUAL

REMOVAL ACTION UNDER SECTION

55.3(c)

OF THE ACT

(Section

55.4

of

the Act); or

2)

The

owner

or

operator

has

received

a

permit

from

the

Agency

pursuant

to

the

S

requirements of Subtitle

G:

Waste Disposal for the disposal of solid waste at landfills;

or

3)

The owner or operator has submitted

a complete written proposal

pursuant to

Section

848.503 for a tire removal agreement to the Agency in accordance with this Subpart E

by

July

1,

1991,

the

owner

or

operator

has

submitted

all

information

required

or

necessary to process the submission, and the Agency has not made a determination with

respect to the submittal.

A violation of 35

111. Adm.

Code

848.501(a) is

alleged for the following reason:

You

have

not obtained

Illinois EPA approval of a tire removal agreement.

20.

Pursuant

to

35

Ill.

Adm.

Code

812.101(a),

all

persons, except those

specifically

exempted

by Section 21(d) of the Illinois

Environmental Protection Act,

shall submit to the Agency

an application for a permit to develop and operate a landfill.

A violation of 35

Ill.

Adm.

Code

8 12.101(a)

is alleged for the

following reason:

A waste

disposal site was operated without

submitting

to

the Illinois

EPA an

application

for

a

permit to develop and operate a landfill

---

S

SUGGESTED RESOLUTIONS

1.

By

February

28,

2003,

submit

to

the

illinois

EPA

for

our

review

and

approval

a

Tire

Removal

Agreement

that

meets

all

the

requirements

of

35

IAC

Part

848

(see

enclosed

description

of

Tire

Removal

Agreement

requirements),

~jM~

comply

with

all

the

other

applicable used tire requirements of the illinois

Environmental

Protection

Act

and

35

IAC

Part 848

cited herein and in the enclosed checklist;

or

By February 28,

2003,

using a Illinois

EPA registered tire hauler, properly remove

~fl

used

and

waste

tires

currently

on

the property,

and

dispose

of those

tires

at

an

Illinois

EPA

registered tire treatment,

storage or disposal

facility, and

after removal ofthose

tires, do not

accumulate more than 50 used tires on the property in the future

without

complying with the

applicable used tire requirements

of the Illinois

Environmental

Protection

Act and

35

IAC

Part 848.

Used or waste tires cannot be

taken

to

a

landfill or transfer station for the

purpose

of disposal.

S

2.

By

March

7,

2003

submit

to

the

Illinois

EPA

copies

of

receipts

and/or

manifests

that

document the proper disposal or recycling ofthe wastes.

The

written

response

to

this

Violation

Notice

must

include

information

in

rebuttal,

explanation, or justification

of each

alleged violation and

must be

submitted

to the.Illinois

EPA

by

certified

mail,

within

45

days

of

receipt

of

this

Violation

Notice.

The

written

response must also

include a

proposed

Compliance Commitment Agreement that commits

to specific

remedial

actions,

includes

specified times

for

achieving

each

commitment,

and

may include a statement that compliance has

been achieved.

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Tire Disposal Site Inspection Checklist

County:

GREENE

‘

LPC#:

0618115003

Region:

5-Springfield

City/Facility Name:

KANE/CARRICO’S AUTO HEAP

Facility Location:

19290

CARRICOS ROAD,

KANE,

IL

Telephone:

618.535-4708

Date:

1215/02

Time:

From

2:30

To

2:45 P

Previous

Inspection Date:

6/27/02

Inspector(s):

JAN

MIER

No. of Photos Taken:

#

3

Weather

30_F,_SUNNY

.

No. of Samples Taken:

0

Interviewed:

DOUG

CARRICO

Complaint

#:

C-02-1 11-C

Owner

Operaxor~

1500

Estimated

Number

of Used Tires Located At This Facility

SECTION

DESCRIPTION

VIOL

ILLINOiS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

1.

9(a)

CAUSE, THREATEN

OR ALLOW AIR

POLLUTION IN ILLINOIS.

S

0

2.

9(c)

CAUSE

OR ALLOW OPEN

BURNING.

0

‘1

12(a)

CAUSE, THREATEN

OR ALLOW

WATER POLLUTION IN ILLINOIS.

0

‘~

12(d)

CREATE A

WATER POLLUTION HAZARD.

0

5.

2 1(a)

CAUSE OR ALLOW OPEN

DUMPING

~

USED TIRES~OTHER WASTE

6.

2 1(d)

(1)

(2)

CONDUCT A

WASTE-STORAGE, TREATMENT,

OR DISPOSAL

OPERATION:

S

without a permit granted by the

Agency

Note: cite only at tire disposal

sites

where tires are

flr~

disposed

after

1/1/92. Also Mark 848.501(c),

and

812.101(a)in

DOther Requirementso.

Also cite when other off-site

generated waste has

been

disposed

in violation of

any

regulations or

standards

adopted by the

Board

under this Act

Note: Also Mark appropriate Violations of

Part 848

5

S

0

~

7.

21(e)

DISPOSE, TREAT, STORE, OR ABANDON

ANY

WASTE EXCEPT AT A

SITE WHICH

MEETS THE

REQUIREMENTS

OF

THIS ACT AND

REGULATIONS.

S

Note: Also Mark

appropriate Violations of

Part 848

8.

21(p)

(I)

(2)

(3)

(4)

(5)

CAUSE OR

ALLOW THE

OPEN

DUMPING OF ANY WASTE IN A

MANNER

WHICH

RESULTS IN ANY

OF

THE

FOLLOWING OCCURRENCES

AT THE DUMP SITE:

Litter

Scavenging

5

0

Open Burnmg

0

Deposition

of Waste in Standing or Flowing

Waters

0

Proliferation

of

Disease Vectors

‘

0

S

9.

(6)

Standing or Flowing Liquid Discharge from the Dump Site

0.

55(a)

NO PERSON SHALL:

LPC6I.CJTU

T~cDi~po~a1Sde.I

R.,v2/4197

---

(1)

Cause or Allow

Open

Dumping of Any Used

or

Waste Tire

(2)

Cause or Allow Open

Burning of Any Used or Waste Tire

(5)

Abandon, Dump or Dispose ofAny

Used

or

Waste Tire

on

Private

or Public Property

~_

(6)

Fail

to submit required repons or

tire removal agreements

10.

11.

12.

55(c)

FAILURE TO

FILE THE

REQUIRED

NOTIFICATION WITH THE

AGENCY BY

1/1/90

OR

WITHIN

30

DAYS OF

COMMENCEMENT OF THE DISPOSAL

ACTIVITY.

55(dX2)

CAUSING

OR ALLOWING THE OPERATION OF A TIRE DISPOSAL

SITE WITHOUT

SUBMITI1NG,

AND

RECEIVING WRITrEN

APPROVAL OF, A TIRE

REMOVAL AGREEMENT,

OR

HAVING

ENTERED INTO

A

CONSENSUAL REMOVAL AGREEMENT.

55(e)

CAUSE OR ALLOW THE

DISPOSAL OF ANY USED

OR WASTE TIRE

IN

VIOLATION OF ANY

REGULATIONOR STANDARD ADOPTED BY THE BOARD

Note:

Also

Mark appropriate Violations

of

Part

848

13.

55(1)

ARRANGE

FOR

THE TRANSPORTATION OF USED

OR WASTE

TIRES

AWAY FROM THE

SiTE

OF

GENERATION WITH A PERSON KNOWN

TO OPENLY

DUMP

SUCH

TIRES

5

14.

15.

16.

55(g)

NO PERSON SHALL ENGAGE

IN ANY OPERATiON AS A USED OR WASTE TIRE

TRANSPORTER EXCEPT

IN COMPLIANCE WITH BOARD REGULATIONS.

Note: Also

Mark

a Violation ofSubpart F

S

55(h)

CAUSE OR ALLOW

THE COMBUSTION OF ANY USED OR WASTETIRE

IN AN ENCLOSED DEVICE

UNLESS

A

PERMIT HAS

BEEN ISSUED BY THE AGENCY

S

55(i)

S

CAUSE OR ALLOW THE

USE OF

PESTICIDES

TO

TREAT

TIRES

EXCEPT AS

PRESCRIBED

BY BOARD

REGULATIONS.

Note:

Also

Mark a Violation of 848.205

1~

55(j)

FAILURE TO

COMPLY

WITH

THE

TERMS

OF A TIRE

REMOVAL AGREEMENT.

18.

55.4

FAILURE, BY THE

OWNER

OR OPERATOR

OF

A TIRE DISPOSAL

SITE REQUIRED TO

FILE

AND RECEIVE

APPROVAL OF A TIRE REMOVAL AGREEMENT, TO REMOVE

USED OR WASTE TIRES

FROM A TIRE

DISPOSAL SITE IN A

MANNER

THAT:

a)

0

Minimizes the need

for

further maintenance

b)

0

Removes

all used and waste

tires

and any

residues therefrom; and

c)

0

Protects

human health during

the removal

and

post

removal periods.

Note: Also

Mark a

Violation of 848.502

PART 848: SUBPART B: MANAGEMENT STANDARDS

19.

848.202(b)

AT

SITES

AT

WHICH

MORE THAN

50

USED OR WASTE

TIRES ARE LOCATED THE OWNER

OR OPERATOR

SHALL:

(I)

NOT Place on

or Accumulate Any Used or Waste Tire in Any Pile Outside of Any Building

Unless

the

Pile

Is

Separated

from All

Other Piles

by 25

Feet

and

Aisle Space

Is

Maintained To Allow the Unobstructed Movementof Personnel and

Equipment

0

(2)

NOT Accumulate Any

Used

or Waste Tire in Any Area

Located Outside

of Any Building Unless

the Accumulation is

Separated

from

All Buildings,

Whether on or offthe Site, by 25

Feet

0

(3)

NOT

Place

On

or Accumulate Any Used or

Waste

Tire in Any Pile Which is

Less

than 250 Feet

from

any

Potential

Ignition Source, including Cutting

and Welding Devices, and Open Fires Unless All Such

Activities

are Carried

Out

Within

A Building

0

(4)

Drain

Any

Used or

Waste Tire

on

the

Dayof Generation or Receipt

0

(6)

NOT Abandon,

Dump

or Dispose of Any Used or Waste Tire on Private or Public

Property

in

Illinois

(7)

NOT Accept Any Used or

Waste

Tires

from a Vehicle in

Which More than 20 Tires Have

Been Loaded Unless

the

Vehicle Displays a

TireTransporter

Placard.

0

(8)

NOT Accumulate Any

Tires

in an

Area

with

a Grade Exceeding 2

Without

Meeting the Requirementsof

848.202(d)(3)

0

LPC61-

trrV

R.~

2J4197

Tu-cDigposalSUc-2

---

PC #:

ate:

20.

1~~~

848.202(c)

IN ADDITION

TO

THE

REQUIREMENTS SET FORTH

IN 848.202(b),

THE OWNER

OR OPERATOR

OF A SITE AT

WHICH

MORE THAN 500

USED

OR

WASTE TIRES

ARE

LOCATED

SHALL:

(1)

Maintain a Contingency Plan WhichMeetsthe Requirements of 848.203

I

(2)

Meet

the

Record keeping requirements

of

Part

848

Subpart C

Note:

Also Mark a Violation

of

SubpartC

Z

21.

(3)

Maintain waste tire

piles

separated from grass, weeds,

brush,

over-hangingtree

limbs, and similar

vegetativegrowth

by

nolessthan50feet.

5

0

848.202(d)

IN

ADDITION TO THE REQUIREMENTS

SET FORTH

IN 848.202(b) and (c),

THE OWNER

OR OPERATOR AT SITES AT

WHICH

MORE

THAN 10,000

USED

OR

WASTE TIRES

ARE

LOCATED SHALL COMPLY WITH

THE FOLLOWING:

(2)

Theentrance

shall

be

controlled at all times by an

attendant, locked

entrance, television monitors, controlled roadway

access

or other

equivalent mechanisms.

0

22.

848.203

CONTINGENCY PLAN REQUIREMENTS

FOR DISPOSAL SITES

WITH

MORE

THAN

500

TIRES

(a)

The owner/operator

must meet

the

requirements

of848.203.

Note: Also

Mark

a Violation of848.203(b),

(c), (d), (e), (I), (g), or (h)

0

(b)

The contingency

plan must

be

designed

to minimize the

hazard

to human

health

and the environment

from fires and run-

offof

contaminants resulting from fires

and from disease

spreading mosquitos

and

other nuisance organisms which may

breed

in water accumulations in used or waste tires.

0

S

(c)

Immediately implementthe contingency plan provisions whenever there is

a

fire

or

run-off

resulting

from

a tire

tire, or

whenever there is

evidence ofmosquito production.

0

(d)

The contingency plan must describe the actions that must be taken

in response

to fires,

run-otT resulting from tire fires

and mosquito breeding in

used

or waste tires.

0

(e)

(1)

(g)

The contingency plan

must

include evacuation procedures for site personnel, including signals, evacuation routes and

alternate evacuation

routes

as well as provisions for pesticide application.

The contingency plan

must

be maintained at the site and submitted to

state

and local authorities.

The contingency plan must be

reviewed

and amended

within

30 days ifthe plan

fails

or the emergency coordinator

changes.

0

0

0

23.

24.

25.

(h)

At all

times,

there must be

one emergency coordinator on site or on call with

responsibility forcoordinating emergency

response procedures.

The

emergency

coordinator must be

familiar with

the

plan

and all

aspects

ofthe site,

and have the

authority to commit

the resources to

carry

out the plan.

5

0

STORAGE OF USED

AND

WASTE TIRES WiTHIN

BUILDINGS AT TIRE DISPOSAL SITES

848.204(a)

FAILURE TO

MEET THE REQUIREMENTS OF SECTION 848.204

Note: Also

Mark a Violation of848.204(b), (c), or (d)

0

848.204(b)

STORAGE OF LESS

THAN

500

TIRES

WITHIN

A BUILDING ALLOWED

IF:

(1)

0

Tires Drained of All Water Prior to Placement in

the

Building

(2)

0

All ofthe BuildingE)s

Windows and

Doors

Maintained

in Working Order and

Secured

to Prevent

Unauthorized Access.

(3)

0

The

Building Is

Maintained So That it

Is Fully

Enclosed and Has a Roof and Sides

Which

Are

Impermeable

to Precipitation

(4)

0

The

Storage of

Used

or Waste Tires

Is

not in

a Single Family

Home or a Residential Dwelling

—

0

848.204(c)

IN ADDITION TO

THE

REQUIREMENTS

SET

FORTH

IN

SECTION 848.204(b), THE

OWNER

OPERATOR OF A

SITE

WITH

500 OR MORE USED

OR WASTE TIRES STORED WITHIN

BUILDINGS SHALL:

(1)

Develop a

tire

storage plan

in consultation

with

fire officials

meeting

the requirements of: 848.204 (c)(l)

(A)

~

considering the

type

of building to be used for the tire storage.

(B)

~

theplan

shall include, but not be

limited

to, tire storage arrangement; aisle space; clearance

distances between

tire piles

and

sprinkler deflectors;

and access to fire

fighting

personnel and

equipment

(C)

~

a copy ofthe plan shall be filed

with the Agency within 60

days of and implemented within

14

days

of filing with the Agency.

LPC6I.U11J

TwcDisp~1S~c.~

---

(2)

Have and maintain

a contingency plan which meets the requirements ofSection 848.203

26.

(3)

Meet the

record keeping

and

reporting requirem

Note: Also Mark a Violation ofSubpart C

ents ofSubpart C

~

Z

848.204(d)

A

BUILDING THAT STORES MORE

THA

N

10,000 USEDOR WASTE TIRES, AND WAS CONSTRUCTED

5

AFTER S/I 0/91,

FOR

THE

PRIMARY PURPOSE OF STORING

USED

OR WASTE TIRES, SHALL COMPLY

WITH

THE

NFPA 23 ID BUILDING STANDARD.

0

PESTICIDE TREATMENT

S

27.

848.205

OWNERS

OR OPERATORS OF TIRE 015? OSAL SITES TREATING

USED OR WASTE

TIRES

WITH

PESTICIDES

PURSUANT TO THIS

PART OF TITLE XIV OF THE

ACT

(SHALL):

S

(a)

Usea Pesticide Labeled

for Controlof Mosquito

Larvae

Unless an Adult Mosquito Problem is Identified

0

(b)

Maintain a record of

pesticide

use at the site which shall

include foreach

application:

S

(1)0

Date of Pesticide Application

(2)0

Number ofUsed or Waste Tires Treated

(3)

0

Amount ofPesticide Applied

(4)

0

Type

of Pesticide Used

5

0

28.

(c)

Noti&the Agency ofPesticide Use Within

IG

848.205(b).

Days of Each Application. Notification shall include the information

in

0

848.205(d)

•

Persons

Applying Pesticides to Used and Was

(Ill. Rev.

Stat.

1989,

cli.

5,

par.

801 et

seq.)

te

Tires Must

Comply with the Requirementsof the

Illinois Pesticide Act

0

PART 848: SUBPART C:

RECORD KEEPING AND REPORTING

Note: Applies

to Disposal Sites with 500 or more Used or

Waste Tires

29.

30.

848.302(a)

The

owner/operator

shall

keep

on

site a:

(I)

~

Daily Tire

1~ecord

(2) ~

Annual Tire

Summary

848.303(a)

FAILURE TO

MAINTAIN

A DAILY TIRE

o

Day of

the

Week

DDate

o

AgencySiteNumber

o

Site Name

and Address

RECORD

THAT INCLUDES:

.

S

0

31.

848.303(b)

FAILURE

TO

RECORD IN THE

DAILY TI

(1)

0

Weight

or volume of

used

(2)

0

Weight

or volume of

used

transported.

(3)

0

Total number

of used or

(4)

0

Weight

or volume ofused

RE

RECORD

THE

FOLLOWING INFORMATION

or waste tires

received at thesite during

theoperating day.

or waste tires transported from the site

and thedestination of the tires

so

S

waste tires remaining in storage at the conclusion ofthe day.

or

waste

tires

burned

or combusted during the

day.

0

32.

848.304

FAILURE

TO

MAINTAIN

ON

SITE

AN A

NNUAL TIRE SUMMARY

FOR EACH

CALENDAR

YEAR

THAT INCLUDES:

(a)

The site number, name and

address and

the cal

endar

year for which the summary applies.

0

(bXl)

The weight or volumeof tires received

0

(bX2)

Theweight

or volumeof tires transported

from

the

site

0

(bX4)

The weight or volume of used or waste tires combusted during the calendar

year

33.

848.304(c)

FAILURE TO

SUBMIT THESANNUAL TIRE SUMMARY BY JANUARY 31

OF EACH

YEAR

848.305

FAILURE

TO

RETAIN

REQUIRED RECORDS

ON

SITE

FOR 3

YEARS

0

0

0

55

PART

848:

SUBPART

D: FINANCIAL ASSURANCE

NOTE: Applies

to

sites

which

have disposed

50

or more

used

or waste tires, and

which

do not have

written approval of a

tire removal agreement, per

848.208

35.

848.400(bxl)

AT TIRE DISPOSAL SITES AT WHICHSTIRES ARE FIRST DISPOSED

ON OR AFTER 1/1/92,

FAILURE

TO COMPLY WITH SUBPART

D

PRIOR

TO

DISPOSING ANY USED OR WASTE

TIRES

Note: Also

Mark a Violation of 848.401

or

848.404

55

~

TU

S

Tire

Dt~posaI

Sile -4

---

36.

848.400(b)(2)

AT

TIRES

DISPOSAL SITES AT WHICH TIRES ARE DISPOSED

PRIOR TO 1/1/92,

FAILURE

TO

COMPLY WiTH SUBPART D BY

1/1/92.

Note: Also Mark a Violation of848.40! or 848.404

:

0

37.

38.

848.401(a)

FAILURETO MAINTAIN FINANCIAL ASSURANCE EQUAL TO OR GREATER THAN THE CURRENT COST

ESTIMATE CALCULA’TED PURSUANT TO SECTION 848.404 ATALL TIMES, EXCEPT AS OTHERWISE

PROVIDED BY 848.401(b).

S

~

848.401(b)

FAILURETO INCREASE THE TOTAL AMOUNT OF FINANCIAL ASSURANCE SO

AS TO EQUAL THE

CURRENT COSTESTIMATE WITHIN 90 DAYS AFTER. ANY OF THE

FOLLOWING:

(1)

0

an increase in the current costestimate

(2)

0

adecreaseinthevalueofatrustfund

S

(3)

0

a determination by theAgency that an owner or operatorno longermeetsthe financial test of

Section 848.415

(4)

0

notification by theowner or operatorthat the owneror operator intends

to substitute alternative

financial assurance, as specified in Section 848.406 for self-insurance

0

39.

40~

848.404(a)(2)

-

BY JANUARY

1

OF EACH YEAR, FAILURE TO SUBMIT A WRJTI’EN COST ESTIMATE OF THE COST OF

REMOVING ALL USED OR WASTETIRES.

s

848.404(b)

FAILURETO REVISE THE COST ESTIMATE WHEN COST ESTIMATES INCREASE.

0

PART 848: Sth3PART E:

TIRE REMOVAL AGREEMENTS

41.

848.501(a)

AT

TIREDISPOSAL SITES

AT

WIIICH TIRES ARE FIRST

DISPOSED ON

OR

BEFORE

1/1/92, THE

OWNERJOPERATORSHALL OBTAIN BY 1/1/92

WR~1TEN

APPROVAL FROM THE AGENCY OF A TIRE

REMOVAL AGREEMENT SUBMITTED PURSUANT

TO

THISSUBPART.

42.

43.

848.501(c)

848.502

S

S

FAILURE

TO

FIRST OBTAIN A LANDFILL PERMIT FROM THE AGENCY FOR TIREDISPOSAL SITES AT

WHICH TIRES ARE FIRST DISPOSED AFTER 1/1/92.

FAILURE, BY THE OWNEROR OPERATOR OF A TIREDISPOSAL SITEREQUIRED TO FILE AND

RECEIVE APPROVAL OF A TIRE REMOVAL AGREEMENT,

TO REMOVE USED OR WASTE TIRES FROM

A TIREDISPOSAL SITE IN A MANNER THAT:

(a)

0

Minimizes

the

needfor further maintenance

(b)D

Removes all used and waste tires andanyresidues therefrom; and

(c)

0

Protectshuman

health during theremoval andpost removal periods.

0

S

~

0

44.

848.506(a)

5

AT TIRE DISPOSAL SITES

AT

WHICH TIRES ARE FIRST

DISPOSED

AFTER

1/1/92, THE

OWNERJOPERATOR SHALL SUBMIT A PROPOSED

TIREREMOVAL AGREEMENT WITHIN 30 DAYS

AFTER RECEIPT OF THE KNOWN FINAL VOLUME OF USED TIRES.

0

45.

848.506(b)

THE OWNEROPERATOR SHALL BEGIN REMOVAL OF USED AND WASTE TIRES IN ACCORDANCE

S

WITH THE

APPROVED TIRE REMOVAL AGREEMENT WITHIN 30 DAYS AFTER WRITFEN AGENCY

—

APPROVAL,

UNLESS THE TIRE REMOVAL AGREEMENT SPECIFIES OTHERWISE

0

PART 848: SUBPART F: TIRE TRANSPORTATION REQUIREMENTS

46.

S

47.

848.601(a)

NO PERSON SHALL TRANSPORT MORE THAN 20 USE)

OR WASTETIRES N A VEHICLE UNLESS THE

FOLLOWING REQUIREMENTS ARE MET:

(1)

0

the

owner or operatorhasregistered thevehicle with theAgency in accordance with SubpartF,

received

approval of such registrationfrom theAgency, and such registration is current, validand

in effect

(2)

0

the owner

or

operator displays a placard on the vehicle,

issued by theAgency following

registration,

in accordance with the

requirements ofSubpart F.

0

848.601(b)

NO PERSON SHALL PROVIDE,

DELIVER OR TRANSPORT USED OR WASTE TIRES

TO A TIRE

TRANSPORTER

FOR

TRANSPORT UNLESS

THE TRANSPORTER’S VEHICLE

DISPLAYS

A

PLACARD

ISSUED BY THE AGENCY

UNDER SUBPART F IDENTIFYING THE TRANSPORTER

AS A

REGISTERED

TIRE HAULER.

0

48.

848.606(a)

UPON APPROVAL OF A REGISTRATION

AS A TIRE TRANSPORTER, THE OWNER

OR

OPERATOR

OF

ANY VEHICLE REGISTERED TO TRANSPORT USED OR WASTETIRES SHALL PLACE A PLACARD ON

OPPOSITE SIDES OF THE VEHICLES

WHICH DISPLAYS A NUMBERISSUED

BY THE AGENCY

FOLLOWING THE

WORDS “Registered TireTransportec(number).”

0

49.

848.606(b)

5

REGiSTERED TIRE TRANSPORTER NUMBERS AND LETTERS SHALL

BE REMOVABLE ONLYBY

DESTRUCTION. DIRECTLY ADJACENT TOTHE

WORDS AND NUMBER, THE VEHICLE OWNERAND

OPERATOR SHALL DiSPLAY A SEAL FURNISHED BY THE AGENCY WHICH SHALL DESIGNATE THE

DATEONWHICH THE REGISTRATION EXPIRES.

0

LYC6I-UTU

5

TireDispo~aISnc-5

L~

)/4./97

---

S

OTHER REQUIREMENTS

S

-

50.

SS

812.101(a)

FAILURE TO

SUBMIT

AN APPLICATION FOR A PERMIT TO DEVELOP AND OPERATE A

LANDFILL

S

51.

APPARENT

VIOLATION OF:

(0)

PCB; CASE

NUMBER:

S

(0)

CIRCUIT

COURT ORDER

ENTERED

ON:

0

°

Signature ofInspector(s)

Informational Notes:

1.

Illinois)

Eiivironmental

Protection Act: 415 ILCS

5/I

et

seq.

2.

Illinois Pollution Control Board:

35

Ill.

Adm. Code, Subtitle G.

3.

Illinois Pollution Control Board:

35

Ill. Adm. Code,

Subtitle G,

Chapter

1,

Subchapter

in,

Part

848.

5

5

4.

Statutory and regulatory

references

herein are provided for convenience only and

should not be

construed as legal conclusions ofthe Agency or as limiting the

Agenc~s

statutory

or

regulatory powers.

Requirements of some

statutes and regulations cited are in

summary format.

Full text of requirementscan be found in the

references listed

in #1, #2, and #3

above.

S

5.

The

provisions ofsubsection (p)of

Section

21 ofthe

Illinois

Environmental Protection Act

shall be enforceable either by administrative citation under Section

31.1 ofthe Act or by complaint

under Section 31

ofthe Act.

6.

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).

7.

Items marked with

an ‘NE” were not evaluated at the timeof this

inspection.

LPC6I-UTU

TheD~po~alSitc-6

p_, ~/~iQ7

---

Inspection Narrative

L?C#0618115003

—

Kane/Carricds Auto Heap

Inspection Date

—

12/05/02

FOS File

S

On December

5,

2002,

I conducted a re-inspection ofthe above-referenced site.

The

property is an old salvage yard that is closing and the owner, Doug Carrico, is in the

process ofcleaning up the site.

A Non-Compliance Advisory letterwas sent to Mr.

Carrico on July 24, 2002,

allowing Mr.

Can-leo to enter Into a Consensual Removal

Agreement

With

the Illinois EPA.

Mr. Carrico signed the Agreement and Branna LLC,

an illinois EPA contractor, removed approximately

1,000 tires on October 26, 2002.

I arrived

at

2:20 p.m.

There were still about 1,500

tires on site.

Approximately 500 off

rim car tires were located in a shed on site (see photo

#001).

Another large pile ofabout

500 tires was located in the yard (see photo #002) and another 500 tires were scattered

throughout the yard (see photo #003)

The amount oftires on site will have to be revised because several hundred tires were

generated when the metal recycler, Max Mullins, removed the vehicles on site but did not

take the tires from them.

I departed at 2:45 p.m.

Violations

observed at the time of the inspection are noted on the attached checklist.

LPC/FOS

—

Springfield Region

---

STATE OF ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

S

SITE

SKETCH

CCLr~-~

LÜS

koc~d

Inspector:

Jan Mier

County:

Greene

Time:

2:30 p.m.

—

2:45 p.m.

Measurements Approximate

Direction of Photo

—*

Not to Scale

te ofInspection:

12/5/02

e

Code:

e:

LPC#0618115003

Kane/Carrico’s Auto Heap

NORTH

4’

C)

---

S

TIRE REMOVAL

AGREEMENT

S

REQUIREMENTS

Section 55(d)(2) of the illinois Environmental Protection Act (Act) states that:

No

person shall cause or allow the

operation ofa tire

disposal

site

unless the owner or operatorhas

received

approval from the Agency after filing a Tire Removal Agreement.

Once a Tire Removal

Agreement

has been

approvedby the

Agency, Section

55(j) of

the Act states that no person

shall

fail to comply

with the terms

ofa Tire

Removal Agreement.

S

35 Illinois Administrative Code (35 I.A.C.) Section 848.502 states that (Note: Capitalization denotes

statutory

language of Section

55.4

ofthe Act):

THE OWNER

OR OPERATOR OF A TIRE DISPOSAL

SiTE REQUIRED

TO

FILE AND RECEWE

APPROVAL OF A TIRE REMOVAL AGREEMENT UNDER this Subpart E SHALL REMOVE USED OR

WASTE TIRES FROM THE SITE INA MANNER THAT:

S

a.

MINIMIZES THE NEED FOR FURTHERMAINTENANCE;

b.

REMOVES ALL USED AND WASTE TIRES AND ANY RESIDUES THEREFROM; AN)

c.

PROTECTS HUMAN HEALTH DURING THE REMOVAL AND POST REMOVAL PERIODS.

(Section

55.4(a)

ofthe Act)

35 I.A.C. Section 848.503 states that:

a)

A proposed TIRE

REMOVAL AGREEMENT SUBMITTED

TO

THE AGENCY

for approval under this

Subpart

E SHALL INCLUDE THE FOLLOWING:

S

1)

A COMPLETE INVENTORY OF THE TIRES LOCATED ON THE SITE.

2)

A DESCRiPTION OF HOW THE REMOVAL WILL BE CONDUCTED IN ACCORDANCE WiTH

Section 848.502.

3)

A DESCRIPTION OF THE METHODS

TO BE USED

DURING REMOVAL INCLUDING, BUT NOT

LIMITED TO, THE METHODS FOR REMOVING, TRANSPORTING, PROCESSING, STORING OR

DISPOSING OF TIRES AND RESIDUES, AND THE OFFSITE FACILITIES

TO BE USED.

4)

A

DETAILED DESCRIPTION OF OTHER ACTiVITIES NECESSARY DURING THE REMOVAL

PERIOD TO ENSURE THATTHE REQUIREMENTS

OF Section

848.502

ARE MET.

5)

A SCHEDULE OF COMPLETING THE REMOVAL OF TIRES FROM THE SITE, AS REQUIRED IN

Section 848.504.

(Section

55.4(b)

ofthe Act)

b)

The owner or operator may propose amendment

of the tire removal agreement at any time prior to notification

of the completion

ofpartial or final removal oftires from the facility.

To request a change in an approved tire

removal permit, the owner or operator shall

submit a written request to the Agency.

The writtenrequestmust

includea copy of the amended

tire

removal agreement for approvalby the Agency.

c)

Nothing in this Section shall preclude the owner or operator from removing used or waste tires in accordance

with the approved partial or final tireremoval agreement before certification ofcompletion

of partial or fmal

removal.

S

---

35

LA.C.

Section 848.504

states

that:

a)

EACH APPROVED tire removalAGREEMENT

SHALL INCLUDE A SCHEDULE BY

WHICH THE

OWNER

OR OPERATOR MUST COMPLETE THE REMOVAL ACTIVITIES.

ALLOWED SHALL NOT EXCEED THE FOLLOWING:

1)

ONE YEAR IF THE SITE

CONTAINS

1,000

TIRES

OR

LESS;

2)

TWO YEARS IF THE SITE CONTAINS

MORE THAN 1,000

TIRES BUT

LESS THAN

10,000

TIRES;

3)

FIVE YEARS IF THE SITE CONTAINS

10,000 OR

MORE

TIRES.

b)

THE OWNER

OR OPERATOR

MAY

APPLY FOR AN EXTENSION

OF

TIME, NO LATER THAN

90

DAYS BEFORE THE END OF THE TIME PERIOD SPECIFIED INTHE AGREEMENT.

THE AGENCY

SHALL NOT GRANT

SUCH

AN EXTENSION UNLESS iT DETERMINES THAT THE OWNER

OR

OPERATOR

HAS

PROCEEDED TO CARRY

OUT THE AGREEMENT WITH ALL

DUE DILIGENCE.

THE REQUESTED EXTENSION

OF

TIME MAY

NOT EXCEED

3 YEARS, AND THE AGENCY

MAY.

APPROVE THE REQUEST AS SUBMiTTED OR MAYAPPROVE A

LESSER

AMOUNT

OF TIME if the

removal activities can be completed Within such lesser amount oftime.

(Section

55.4(d)

ofthe Act)

35

I.A.C. Section 848.505 states that:

S

a)

The removalplan is the approved tire removal agreement for the site, if one

has been approved.

Otherwise,

the removal plan is the proposed tire removal agreement.

b)

An owner or operatorwho has provided financial assurance based on

a proposedagreement shall provide

substitute

financial

assurance based on the approved plan within

90

days after the Agency approves a tire

removal agreement.

This may

consist of substitute financial

assurance, or a letter

from the

financial institution

acknowledging receipt ofthe approved plan and indicating no objection.

35 I.A.C. Section 848.506 states that:

a)

Any owner or operatorwho is required to obtain financial assurance under this Subpart shall submit a

proposedtire removal agreement to the Agency that satisfies

Sections

848.502

-

848.505 within 30

days

after

the date

on which

any tire disposal

site or

tire storage site receives the known

final

volume ofused or waste

tires or, if there is

a reasonable possibility that the tire disposal site or

tire storage site will receive additional

used

or waste

tires,

no later

than

one year after the

date

on which the site received the most recent

volume

of

used or waste tires.

Ifthe owner

or operator of a tire storage site or

tire

disposal site demonstrates to the

Agency that the site

has

the capacity to receive additional used or waste tires and the

owner or operator has

taken

and will

continueto take

all

steps to prevent

threats

to human health and the environment, the Agency

shall approve an extension to this one-year limit.

b)

The

owner

or operator shallbegin removal ofused andwaste tires in accordance

with

the approved tire

removal agreement

within

30

days

after

written Agency approval of the tire removal agreement unless the tire

removal agreement specifies otherwise.

c)

The Agency shall have authority to approve a later date for initiation of tire removal in a tire removal

agreement if:

1)

the owner or operatordemonstrates to the Agency that abinding contractual relationship

exists

under

which the

owner

or operator will remove all used and waste tires from the site within

twO

years; or

---

2)

other factors relative to operation ofthe site necessitate a later date forinitiating removal ofused and

waste tires.

S

35

LA.C.

Section

845.507

states that:

WITHIN

60

DAYS AFTER THE COMPLETION OF REMOVAL ACTIVITIES UNDER AN APPROVED tire

removal AGREEMENT under this Subpart E, THE OWNER OR OPERATOR SHALL SUBMIT TO THE

AGENCY A CERTIFICATION THAT THE SITE ORTHE AFFECTED PORTION OF THE SiTE

subject to a

tire removal agreement HAS BEEN CLEARED OF TIRES IN ACCORDANCE WITH THE APPROVED tire

removal AGREEMENT.

(Section

55.4(e)

ofthe Act)

35 I.A.C. Section 848.508 states that:

S

FOR A SITE AT-WHICH THE OWNER OR OPERATOR IS PROPOSING TO PROCEED WITH REMOVAL

under a tire removal agreement, ratherthan obtaining a permit under

35

111.

Adm. Code:

Subtitle G:

Waste

Disposal forthe disposal ofsolid waste in a landfill,.THE AGENCY SHALL APPROVE, MODIFY OR

DiSAPPROVE A PROPOSED AGREEMENT WITHIN 90 DAYS OF RECEIVINGiT.

IF THE AGENCY

DOES NOT APPROVE THE AGREEMENT, THE AGENCY SHALL PROVIDE THE OWNER OR

OPERATOR WITH A WRflTEN STATEMENT OF REASONS FOR THE REFUSAL, AND THE OWNEROR

OPERATOR SHALL MODIFY THE AGREEMENTOR SUBMIT A NEW AGREEMENT FOR APPROVAL

WiTHIN 30 DAYS AFTER RECEIVING THE STATEMENT.

THE AGENCY SHALL APPROVE OR

MODIFY THE SECOND PROPOSED AGREEMENTWITHIN 60 DAYS.

IF THE AGENCYMODIFIES THE

SEC~ONDPROPOSED AGREEMENT, THE AGREEMENT AS MODIFIED

SHALL BECOME THE

APPROVED AGREEMENT.

(Section

55.4(c)

ofthe Act)

35 I.A.C. Section 848.509 states that:

MODIFICATION OF OR REFUSAL TO MODIFY A proposed tire removal AGREEMENT SUBMITTED BY

AN OWNER OR OPERATOR PROPOSING TO PROCEED WITH REMOVAL under a tire removal agreement

IS A PERMIT DENIAL FOR PURPOSES OF appeal pursuant

to 35

111.

Adm. Code

105.

(Section

55.4(f)

ofthe

Act)

---

illinois EPA,

S

02/22/03

I have been disposing oftires as quickly as I have been able to taking

into consideration time, weather and cash. The tires are almost all

gone now

and I will continue to have the remaining ones moved as soon as possible. I

believe another month should take care ofthe rest of them.

Included please

find copy’s of two receipts from the disposal ofthe tires, one for 800 tires

and one for 1310 tires, there has been a third load gone out which I don’t

have a receipt for yet.

The trash has been hauled offas well and I am sure it

really doesn’t matter but Ijust wanted to let you know that this trash was

dump~d

there without my or my mother’s knowledge or consent.

We rarely

go over to this property and we just discovered it there one day. Shortly

there after we posted no trespassing and no dumping signs. Later we

discovered there had been more trash dumped and also someone had torn

much of the aluminum siding offthe old farmhouse there.

We will try to

keep an eye on the place as best we can.

It has however been quite some

time since we have had any more problems.

Thank You,

Violation Notice Numbers:

L—2002—01431

01430

L- 01432

---

533175

~

QUAN.

DESCRIPTION

AMOUNT

L1Q

77c~f).~

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7~7~23O

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STATEMENT

CUSTOMER’S ORDER NO.

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NAM

—

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ADDRESS

.-.J

CITY,

STATE, ZIP

SOLD

BY

CASH

0.0.0.

CHARGE

ON ACCT.

MDSE

PAID OUT

__

~RETD.~

665857

DATF

___

______

TO

~

TERMS

IN

ACCOUNT WITH

LONS TIRE RECYCLERS

~RR14BÔ1T5

-

PetersburQ, IL

62675

#Th707

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25812

---

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m

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nJ

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ru

=

C

N

U.S.

Postal

ServiceTM

CERTIFIED MAILM RECEIPT

(Domestic Mall Only; NoInsurance Coverage

Provided)

For delIvery

Information

vIsIt our website atwww.usps.coni0

---

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

1021

NORTH GRAND

AVENUE

EAST,

P.O.

Box 19276,

SPRINGFIELD,

ILLINOIS

62794-9276

JAMES

R.

THOMPSON

CENTER, 100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601

Roo

R.

BLAGOJEVICH, GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

March

18, 2003

CERTIFIED MAIL 7000

1670

0009 0601 9372

RETURN RECEIPT REQUESTED

Mr.

Doug

carrico

19291

Carrico

Road

Kane, IL

62054

Re:

Violation

Notice, L-2002-01430

•

LPC #0618115003

—

Greene County

Kane/Carrico’s Auto Heap

•

Compliance File

Dear Mr. Carrico:

The Illinois Environmental Protection Agency (“Illinois

EPA”) ACCEPTS the February 22, 2003

Compliance Commitment Agreement (“CCA”) proposed by you and received on February 25,2003

in response to the Violation Notice datedJanuary 14,2003.

An extensionto the compliancedeadline

is givenuntil April

15,

2003.

Please continueto submit receipts forproper disposal ofthe waste tires

to the Illinois EPA.

Failure

to

fully

comply

with

each of the

commitments

and

the

schedules

for achieving

each

commitmentas contained in the CCA may, at the sole discretion oftheIllinois EPA, result in referral

ofthis matter to the Office ofthe Attorney General, the State’s Attorney of Greene County, or the

United States Environmental Protection Agency.

The CCA does not constitute a waiver ormodification ofthe terms and conditions of any license or

permit

issued

by

the

Illinois

EPA

or

any

other

unit

or

department of

local,

state

or

federal

government or ofany local, state, or federal statute orregulatory requirement.

All requiredpermits

orlicenses necessaryto accomplish the commitments stated above and complywith all local, state or

federal

laws, regulations, licenses or permits must be

acquired in a timely manner.

The need for

acquisition

of

any

licenses

or permits

does

not

waive

any

of the

times

for

achieving

each

commitment

as contained in

the CCA.

ROCKFORD

-

4302

North

Main Street,

Rockford,

IL 61103 —315) 987-7760

•

DES

PLAJNES

—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—1309)

693-5463

BUREAU

OF LANo

-

PEORIA

—7620

N.

University

St.,

Peoria,

Ii.

61614

—(309) 693-5462

•

CHAMPAIGN

—2125

South

First Street,

Champaign, IL

61820—1217)

278-5800

SPRINGFIELD

—

4500

S.

Sixth

Street

Rd.,

Springtield,

IL 62706— (217)

7)36-6892

•

COLLINSVILLE

—

2009

Mali

Street, Coliinsviile,

IL

62234

—

618) 346-5120

MARION

—2309W.

Main

St.,

Suite

16,

Marion,

IL

62959 —(618) 993-7200

P~,,,r,r, r~,.j

Rpryri en

PAPER

---

March 18, 2003

Mr. Doug Canico

Page

2

Questions

regarding

this

matter

should

be

directed

to

Jan

Mier

at

217/786-6892.

Written

communications should be directed

to

Jan.Mier at 4500

South

Sixth

Street Road Springfield,

IL

62706

and all communications shall, include reference to your Violation Notice Number, L-2002-

0 1430.

Sincerely,

DavidC.Jansn

Springfield Reg~

Manager