RECE
WED
CLERK’S OFFICE
IAN
23
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINO IS
ADMiNISTRATIVE CITATION
pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
V.
)
(IEPA No.
10-04-AC)
)
V~MAX
MATERIALS,
iNC.
)
)
Respondent.
)
NOTICE OF
FILING
To:
V-Max Materials, Inc.
27W250 St.
Charles Road
West Chicago, Illinois
60185
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board of the State ofIllinois the following instrument(s) entitled ADMINISTRATiVE
CITATION, AFFIDAVIT, and OPEN DUMP
INSPECTION CHECKLIST.
Respectfully submitted,
~fich’~1ie
.
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:
January 14, 2004
THIS
FILING SUBMUTED
ON
RECYCLED PAPER
RECE
WED
CLERK’S
OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
JAN
232004
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
ô ~
)
v.
)
(IEPA No.
10-04-AC)
)
V-MAX MATERIALS INC.,
)
)
Respondent.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency by Section 31.1
of the Illinois
Environmental Protection Act, 415
ILCS 5/31.1(2002).
FACTS
1.
That V-Max Materials,
Inc.
(“Respondent”) is the present
owner and operator of a
Waste
Hauling
Company
located
at
27W250
St.
Charles
Road,
West
Chicago,
Illinois.
The
registered agent is David Cooper.
2.
That said companywas in
responsible charge of a long-haul garbage truck with the
license number 232
826 SIT, being
driven on
Interstate 55
North
between
mile markers 219
and
220, on December 3, 2003.
3.
That Respondent has owned said vehicle at all times pertinent hereto.
4.
That on
December
3,
2003,
Michael
Nechvatal,
Manager of the
Division
of Land
Pollution Control, Bureau of Land, for the Illinois Environmental Protection Agency witnessed litter
being blown out of the vehicle.
A copy of his observation and affidavit is attached hereto and made
a part hereof.
VIOLATIONS
Based
upon direct observations
made
by
Michael
Nechvatal
on
December 3,
2003,
the
Ilinois Environmental Protection Agency has determined that Respondent has violated the Illinois
Environmental Protection Act (hereinafter, the
“Act”) as follows:
(1)
That
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
litter,
a
violation
of
Section
21(p)(1) of the Act,
415
ILCS 5/21(p)(1)
(2002).
CIVIL PENALTY
Pursuant
to
Section
42(b)(4-5) of the Act, 415
ILCS
5/42(b)(4-5)
(2002),
Respondent is
subject
to
a
civil penalty of
One Thousand
Five
Hundred
Dollars
($1,500.00) for
each
of
the
violations
identified
above,
for
a
total
of
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
February
16, 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
of the Act, 415 ILCS 5/31.1
(2002), and if the Illinois
Pollution Control Board
issues a finding of violation as alleged herein,
after
an adjudicatory hearing,
Respondent shall be
assessed the associated hearing costs incurred bythe Illinois Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shall be assessed
in addition
to the One Thousand
Five Hundred
Dollar ($1,500.00) statutory civil penalty for each
violation.
Pursuantto Section
31.1(d)(1)oftheAct, 415 ILCS 5/31.1(d)(1)(2002), if Respondentfails
to
petition or elects not to petition the Illinois Pollution Control Board for review ofthis Administrative
2
Citation within thirty-five (35)
days of the date of service, the Illinois
Pollution Control
Board shall
adopt a final
order,
which
shall include
this Administrative Citation
and
findings
of violation
as
alleged herein,
and shall impose the statutory civil penalty specified above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental Protection Agency,
1021
North
Grand Avenue East,
P.O.
Box 19276, Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondent shall complete and
return
the enclosed
Remittance Form to
ensure proper documentation of payment.
Ifany civil penaltyand/or hearing costs are not paidwithin the time prescribed by order of the
Illinois
Pollution
Control
Board,
interest on said
penalty and/or hearing
costs
shall
be
assessed
against the Respondentfrom the date
payment is due up to and *iduding:the-date that payment is
received.
The
Office
of the
Illinois Attorney
General may
be
requested
to
initiate proceedings
against Respondent in
Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest this
Administrative
Citation
pursuant
to
and
in
accordance with Section
31.1
of the Act, 415
I LCS 5/31/1(2002).
IfRespondent elects to contest
this Administrative Citation,
then
Respondent shall file a
signed
Petition for Review,
including
a
Notice
of
Filing,
Certificate
of Service,
and
Notice
of Appearance,
with
the Clerk of the
Illinois
Pollution
Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
A copy of said Petition for Review shall be
filed with the Illinois
Environmental Protection
Agency’s Division of Legal Counsel at 1021
North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section 31.1 of the Act provides that any Petition for Review shall be filed within
thirty-five
(35)
days
of the date
of
service
of this Administrative
Citation
or the Illinois
Pollution
Control Board
shall enter a default judgment against the Respondent.
-
~
Date:
/
—
1
-
Renee Cipriano, Director
-‘Y~
Illinois Environmental Protection Agency
Prepared
by:
Susan
E.
Konzelmann,
Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection
Agency
1021
North
Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
REMITTANCE FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
)
v.
)
(IEPA No. 10-04-AC)
)
V-MAX MATERIALS
INC.,
)
)
Respondent.
)
FACILITY:
Interstate 55
@
Mile Marker 220
SITE CODE NO.:
1630000000
(V-Max Materials,
Inc.)
(0430900039).
COUNTY:
Grundy
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
December 3, 2003
-
DATE
REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter the date
of your
remittance,
your
Social
Security number (SS)
if
an
individual
or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form.
Be
sure
your
check
is enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmental
Protection Agency, Attn.:
Fiscal Services, P.O.
Box 19276, Springfield,
Illinois 62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
)
)
)
)
IEPA DOCKET NO.
)
)
)
RESPONDENT
)
Affiant, Michael F. Nechvatal, being first duly swornm, voluntary deposes and states as
follows:
1.
Affiant is the Manager of the Division ofLand Pollution Control, Bureau ofLand, for
the Illinois Environmental Protection Agency and has been so employed at all times
pertinent hereto.
2.
On December 3, 2003,
at 4:13 PM Affiant witnessed litter being blown out ofa
-
vehicle with the license number 232 826
SIT.
The company name on the side of the
vehicle was V-Max Material.
3.
As
a result ofthe activities referred to in Paragraph 2
above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of
Affiant’ s knowledge and belief, is an accurate representation ofthe Affiant’ s
observations and factual conclusions with respect to said incident.
Subscribed and Sworn to before
Methis?t4t
day of ~Iw-Ltk(
~OO&j1
Notary I~ublic
‘OFFICIAL
SEA1~’
MARILYN G000ALL,
NO1ARY PIJBUC, STATE Of lUiNO~$
My Commission ExpiresJune
28, 2004
MEMORANDUM
DATE:
December 5, 2003
TO:
Division File
FROM:
Michael Nechvatal
SUBJECT:
Observation of litter
On
the afternoon
of
December 3, 2003 I was riding in a car being drivenby David Walters heading
north on Interstate
55.
At the time I was on a conference call withtheProduct Stewardship Institute.
As we got passed the Dwight Interchange I noticed a long-haul garbage truck in front ofus was
driving with the tailgates fully open apparently returning to Chicago after delivering its load to the
Livingston County Landfill in Pontiac. Two white plastic bags were swirling in the bed ofthe truck
and as I watched, the
two bags rose from the trailer bed, flew out ofthe trailer
and left my sight,
presumably landing on the side of the roadway.
I looked at my watch which read 4:13 pm. Also, I
looked at the next mile marker that we passed which was posted as mile 220.
-
Thetrailer license plate was: 232
826
SIT. A placard was on one ofthe opened trailer doors which
said that litter leaving
that vehicle could be reported to
1-888-693-9900 and designated
a trailer
number as reference. Thattrailernumberwas not very legibleand appeared to be 03 or 08 but might
havebeenneither ofthose numbers, sincetheprinting had fadedso much. The companyname on the
side ofthe tractor was V-Max Material.
At 4:35 pm, when I was done with my conference call, I called the 888 number on the back ofthe~
waste
trailer.
The
person
answering
the phone
identified
himself as
“Livingston
Landfill”.
I
identified myselfwith my name and my position withtheAgency and relayed the trashlittering that I
had observed along with the identification on the vehicle. The person on the phone told me that the
trailer would
get a
“violation”,
and that
it had
probably not
been swept out.
I thanked
him for
listening to my complaint and hung up.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
GRUNDY
LPC#:
06~0000000
Region:
2
-
Des
Plaines
Location/Site Name:
INTERSTATE 55
@
MILE
MARKER 220
Date:
12/03/2003
Time:
From
4:13
p.m.
To
Previous Inspection
Date:
Inspector(s):
MICHAEL
NECHVATAL
Weather:
No. of Photos Taken:
#
Est. Amt. of Waste:
yds3
Samples Taken:
Yes #
No
LI
Interviewed:
Complaint #:
V-Max Material,
Inc.
Responsible
Party
27W250 St. Charles Road
Mailing Address(es)
and Phone
West Chicago,
IL
60185
Number(s):
David Cooper
-
Registered Agent
~______
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL
PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW AIR POLLUTION IN ILLINOIS
LI
2.
9(c)
-
CAUSE
OR ALLOW OPEN
BURNING
LI
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
LI
4.
12(d)
CREATE A WATER POLLUTION HAZARD
LI
5.
21(a)
-
CAUSE
OR ALLOW OPEN
DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
LI
(2)
In Violation
of Any Regulations or Standards Adopted by the Board
LI
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO
SITES NOT MEETING REQUIREMENTS OF ACT
-
LI
8.
21(p)
CAUSE
OR ALLOW THE OPEN
DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT THE
DUMP SITE:
(1)
Litter
(2)
Scavenging
LI
(3)
Open Burning
LI
(4)
Deposition of Waste in Standing or Flowing_Waters
LI
(5)
Proliferation of Disease Vectors
LI
(6)
Standing or Flowing
Liquid Discharge
from the Dump
Site
LI
Revised 06/18/200 1
(Open Dump
-
1)
LPC #
Inspection
Date:
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
LI
Demolition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open
Dumping
of Any Used or Waste Tire
LI
(2)
Cause or Allow Open Burning of Any
Used orWaste Tire
LI
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10.
81 2.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.1 21
SPECIAL WASTE
DETERMINATION
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
APPARENT VIOLATION OF:
(LII)
PCB;
(I)
CIRCUIT COURT
-
14.
CASE NUMBER:
ORDER ENTERED ON:
Informational Notes
—--
--~
-
.~-2~u~wj
2~L’
~yature
of Inspector(s)
1.
Illinois
Environmental Protection Act: 415 1LCS
5/4.
2.
Illinois Pollution
Control Board: 35
III. Adm. Code, Subtitle
G.
3.
Statutory and regulatory references herein are provided forconvenience only and should not be construed
as legal
conclusions
of the Agency or as
limiting the Agency’s statutory or regulatory powers.
Requirements of some statutes
and regulations cited are in summary format.
Full text of requirements
can
be found in references listed in
1.
and 2.
above.
4.
The provisions of subsection
(p) of Section 21
of the Illinois
Environmental
Protection Act shall
be enforceable either
by administrative citation under Section
31.1
of the Actor by complaint under Section
31
of the Act.
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the Illinois
Environmental
Protection Act:
415
ILCS
5/4(c)
and
(d).
6.
Items marked with an “NE” were not evaluated at the time of this
inspection.
15.
OTHER:
Revised 06/18/2001
(Open Dump -2)
PROOF OF SERVICE
I hereby certify that
I did on
the
14th
day of January
2004,
send by Certified Mail, Return
ReceiptRequested, with postage thereon fully prepaid, by depositing in a United StatesPost Office
Box a
true and correct copy ofthe followinginstrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
V-Max Materials, Inc.
27W250 St.
Charles Road
West Chicago, Illinois
60185
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fullyprepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
~
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER