| - OFFICIAL SEALCHARLEN~K. POWELL
- NOTARY PUBLIC STATE OF ILL1NOISMy Comm. ExpIres March 15, 2008
- ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
- SUBTITLE G
- OTHER REQUIREMENTS
- Date ofInspection: 3/03/2004Site Code: 1671205697
- Site Name: Springfield/Curry Ice & Coal
- Time: 10:00 am—11:00 am
- • illinois Environmental Protection AgencyBureau ofLand
- Springfield/Curry Ice & Coal
- FOS File
- Date: March 3, 2004Time: 10:07 am
- • illinois Environmental Protection AgencyBureau of Land
- Springfield/Curry Ice & Coal
- FOS File
- Date: March 3, 2004
- Time: 10:07am
- Direction: Northwest
- Photo by: Rich Johnson
- Photo File Name:
- 1671205697—03032004-003
- Comments: Photograph shows the
- central and northwest regions of a
- pit excavated along the west side
- ofthe north parking lot.
- Date: March 3, 2004
- Time: 10:07am
- Direction: North
- Photo by: Rich Johnson
- Photo File Name:
- 1671205697—03032004-004
- Comments: Photograph shows the
- northeast corner ofa pit excavated
- along the west side ofthe north
- parking lot.
- • Illinois Environmental Protection AgencyBureau ofLand
- Springfield/Curry Ice & Coal
- FOS File
- Time: 10:09 am
- Date: March 3, 2004Time: 10:09 am
- Direction: EastPhoto by: Rich JohnsonPhoto File Name:
- • illinois Environmental Protection AgencyBureau of Land
- Springfield/Curry Ice & Coal
- FOS File
- Date: March 3, 2004Time: 10:12am
- • illinois Environmental Protection AgencyBureau of Land
- Springfield/Curry Ice & Coal
- FOS File
- Bureau of Land
- Springfield/Curry Ice & Coal
- FOS File
- Direction: NorthwestPhoto by: Rich JohnsonPhoto File Name:
- • illinois Environmental Protection AgencyBureau of Land
- Springfield/Curry Ice & Coal
- FOS File
- Date: March 3, 2004
-
- Direction: East
- • Illinois Environmental Protection AgencyBureau of Land
- Springfield/Curry Ice & Coal
- FOS File
- • illinois Environmental Protection Agency
- Bureau of Land
- Springfield/Curry Ice & Coal
- FOS File
- Date: March 3, 2004
- Time: 10:37am
- • Illinois Environmental Protection AgencyBureau of Land
-
- FOS File
- • illinois Environmental Protection AgencyBureau of Land
- Direction: WestPhoto by: Rich JohnsonPhoto File Name:
- Direction: NorthwestPhoto by: Rich JohnsonPhoto File Name:
- Springfield/Curry Ice & Coal
- FOS File
- Springfield/Curry Ice & Coal
- FOS File
- Date: March 3, 2004
- Time: 10:49 am
- Direction: Southeast
- Photo by: Rich Johnson
- Date: March 3, 2004Time: 10:50am
- • Illinois Environmental Protection AgencyBureau of Land
- Springfield/Curry Ice & Coal
- FOS File
- Date: March 3, 2004
- Time: 10:50 am
- Direction: Southeast
- • illinois Environmental Protection AgencyBureau ofLand
- Springfield/Curry Ice & Coal
- FOS File
- Date: March 3, 2004
- Time: 10:55 am
- Direction: South
- PROOF OF SERVICE
|
CLERK’S
OFFICE
APR
2
0
200k
STATE OF ILLU’4O~S
pollution Control Board
JJ:o~~
INFORMATIONAL NOTICE!!!
i~
IT
IS. IMPORTANT. THAT. YOU
READ THE
ENCLOSED. DOCUMENTS.
NOTE:
This Administrative Citation refers to
TWO
separate State
of Illinois Agencies.
One
is the ILLINOIS POLLUTION
CONTROL BOARD
located at State of Illinois Center,
100 West Randolph Street,
Suite 11-500, Chicago,
Illinois
60601.
The other state agency is the
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY located
at:
1021
North Grand Avenue East, P.O.
Box 19276,
Springfield,
Illinois 61794-9276.
If you
elect to contest the enclosed Administrative citation, you
must
file a
PETITION.
FOR REVIEW
with thirty-five (35) days
of the date
the Administrative Citation was served upon you.
Any such
Petition
for Review must
be filed
with the clerk of the Illinois
Pollution Control
Board
by either hand
delivering or mailing to the Board at the address
given above.
Acopy of the Petition for Review should be either
hand-delivered or mailed to the
Illinois Environmental Protection
Agency at the address given above and
should be marked to the~
ATTENTION:
DIVISION. OF
LEGAL COUNSEL.
H
RECE~VED
CLERK’S OFFiCE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
202004
STATE OF
ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
)
V.
)
(IEPA
No. 217-04-AC)
)
CURRY ICE
& COAL OF SPRINGFIELD,
)
INC., and CURRY READY-MIX &
)
BUILDER’S SUPPLY, INC.,
)
)
)
Respondents.
)
NOTICE OF FILING
To:
Curry Ice
& Coal of Spfld., Inc.
Cuny Ready-Mix
& Builder’s Supply, Inc.
3600 N. Dirksen Parkway
21149 Route
4
Springfield, Illinois
62707
Carlinville, Illinois
62626
-
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Control
Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
~
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)782-5544
Dated:
April
15,
2004
THIS
FILNG
SUBMITTED ON
RECYCLED PAPER
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARD
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
AC
V.
)
(IEPA No.
217-04-AC)
CURRY ICE
& COAL OF
SPRINGFIELD,
INC.,
and CURRY READY-MIX
&
)
BUILDER’S SUPPLY,
INC.,
)
Respondent.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency
by Section
31.1
ofthe Illinois Environmental Protection Act, 415
ILCS 5/31.1
(2002).
FACTS
1.
That Curry Ready-Mix
& Builder’s Supply,
Inc.
(“Respondent”)
is the present owner
and
operator of a
facility located
at 3600
N.
Dirksen
Parkway,
Springfield,
Sangamon
County,
Illinois.
The
property
is
commonly
known
to
the
Illinois
Environmental
Protection
Agency
as
Springfield/Curry Ice
& Coal.
2.
That Curry
Ice
&
Coal
of Springfield,
Inc.
(“Respondent”)
is
the
generator
and
transporter of the waste that was dumped onto the property.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and
is designated with Site Code
No.
1671205697.
3.
That Respondent has owned and operated
said facility at all times
pertinen-t hereto.
4.
That on March 3,2004, Richard C. Johnson ofthe
Illinois Environmental Protection
Agency’s
Springfield
Regional
Office
inspected
the
above-described
facility.
A
copy
of
his
nspection
report
setting
forth
the results
of
said inspection
is
attached
hereto
and
made
a part
hereof.
VIOLATIONS
Based upon direct observations made by Richard Johnson during the course of his March 3,
2004
inspection
of the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined that Respondent has violated the
Illinois Environmental Protection Act (hereinafter, the
“Act”) as follows:
(1)
That Respondent
caused
or
allowed the
open
dumping
of waste
in
a
manner
resulting
in
litter,
a
violation of Section
21(p)(1)
of the
Act,
415
ILCS
5/2l(p)(l)
(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 laterthan March
1,2004, unless otherwise provided by
order of the
Illinois Pollution
Control Board.
If Respondent elects to contest this Administrative
Citation by petitioning the Illinois
Pollution
Control Board
in accordance with Section 31.1
ofthe Act, 415
ILCS 5/31.1(2002), and
if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, afteran
adjudicatoryhearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shall be assessed
.in
addition
to the One Thousand
Five
Hundred Dollar ($1 ,500.00) statutory
civil
penalty for each
2
violation.
Pursuant to
Section 31.1 (d)(1)
of the Act, 415 ILCS 5/31.1(d)(1) (2002),
if Respondent fails
to petition or elects
not to petition the Illinois Pollution Control
Board for review of this Administrative
Citation
within
thirty-five (35) days of the date of service, the
Illinois
Pollution Control
Board shall
adopt a final
order,
which
shall
include
this
Administrative
Citation
and
findings
of violation as
alleged herein, and
shall impose the statutory civil
penalty specified above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection Agency,
1021
North Grand Avenue
East,
P.O.
Box 19276,
Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondent shall complete
and
return the
enclosed
Remittance Form
to ensure
proper documentation of payment.
If any civil penalty and/or hearing costs are not paid within the time prescribed by order ofthe
Illinois
Pollution
Control
Board,
interest on
said
penalty
and/or hearing costs shall
be assessed
against the Respondent from the date payment is due up to and including the date that payment is
received.
The
Office of the
Illinois
Attorney General
may be
requested
to
initiate
proceedings
against Respondent
in Circuit
Court to collect said
penalty and/or hearing costs,
plus any interest
accrued.
3
PROCEDURE
FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance with
Section
31.1
of the Act, 415
ILCS 5/31/1
(2002).
If Respondent elects to
contest
this
Administrative
Citation, then
Respondent
shall file a
signed
Petition for Review,
including
a
Notice of
Filing,
Certificate of Service,
and
Notice of Appearance,
with
the
Clerk of the
Illinois
Pollution Control Board, State ofIllinois 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 GrandAvenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section
31.1
ofthe 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.
-
Rad~-~
Date:
41’&O+
Renee Cipriano,
Director
(r~
~
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
CURRY
ICE
& COAL OF SPRINGFIELD,
)
INC., and
CURRY READY-MIX &
)
(IEPA
No. 217-04)
BUILDER’S SUPPLY,
INC.,
)
v.
)
Respondent.
)
FACILITY:
Springfield/Curry Ice
& Coal
SITE CODE
NO.:
1671205697
COUNTY:
Sangamon
CIVIL
PENALTY:
$1,500.00
DATE OF
INSPECTION:
March 3, 2004
-
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:
)
)
Illinois Environmental
)
Protection Agency
)
)
vs.
)
JEPA DOCKET NO.
Curry Ice &
Coal Companies,)
)
Respondent.
)
Affiant, Richard C. Johnson., being first duly sworn, voluntarily deposes and states as
follows:
1.
Affiant is a field inspector employed by the Division of Land Pollution Control ofthe
Illinois Environmental Protection Agency and has been so employed at all times pertinent
hereto.
2.
On March 3, 2004 between 10:00
AM and
11:00 AM,
Affiant conducted an inspection
ofa disposal site operated without an Illinois Environmental Protection Agency permit,
located in Sangamon County, Illinois, and known as Springfield/Curry Ice &
Coal by the
Illinois Environmental Protection Agency.
Said site has been assigned site code number
LPC#
1671205697 by the Illinois Environmental Protection Agency.
3.
Affiant inspected
said Springfield/Curry Ice & Coal open dump site by an on-site
inspection which included walking and photographing the site.
4.
As a result ofthe activities referred to
in paragraph 3 above, Affiant completed the
Inspection Report form
attachedhereto and made a part hereof, which, to the best of
Affiant’s knowledge and belief, is
an accurate representation ofAffiant’s observations and
factual conclusions with respect to
said Springfield/Curry Ice & Coal open dump.
2~~s~c
~
Richard
.
J
hnson.
Subscribed and Sworn To
before me
This5~1ayof
-~
~~,q~io’V
OFFICIAL
SEAL
CHARLEN~K.
POWELL
NOTARY
PUBLIC
STATE
OF
ILL1NOIS
My
Comm.
ExpIres
March
15,
2008
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
Open
Dump Inspection
Checklist
1671205697
County:
Sangamon
LPC#:
—
Region:
5
-
Springfield
Location/Site Name:
Springfield/Curry Ice & Coal
Date:
03/03/2004
Time:
From
10:00 am
To
11:00 am
Previous
Inspection Date:
02/05/2004
Inspector(s):
Richard Johnson,
David Jansen
Weather:
©
45°F,
cloudy, wet soil
No. of Photos Taken:
#
28
Est. Arnt. of Waste:
100
yds3
Samples Taken:
Yes #
No
L~1
Interviewed:
No one
.
Complaint#:
C-02-001-C
Responsible
Party
Mailing Address(es)
and
Phone
Number(s):
Curry
Ready
Mix
&
Builders’ Supply,
Curry Ice
&
Coal of Springfield,
Inc.
Inc.
3600
North Dirksen
Parkway
21149,
Rt.
4
Springfield,
Illinois
62707
Carlinville,
IL
62626
#: 217/854-3101
site #: 217/528-3330
.
I)
r’
“
~U94
/Ep/~
SECTION
DESCRIPTION
-
~LP0
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOWAIR
POLLUTION
IN
ILLINOIS
LII
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.
CONDUCT ANY WASTE-STORAGE,
WASTE-TREATMENT, OR WASTE- DISPOSAL
21(d)
OPERATION:
(1)
Without
a
Permit
(2)
In
Violation
of
Any Regulations
or
Standards
Adopted by the Board
7.
21(e)
DISPOSE, TREAT, STORE,
OR ABANDON
ANY WASTE, OR TRANSPORT
ANY
8.
21(r)
CAUSE
OR ALLOW THE OPEN
DUMPING OF
ANY WASTE
IN A MANNER WHICH
RESULTS
(1)
Litter
(2)
Scavenging
(3)
Open
Burning
(4)
Deposition
of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing
or Flowing
Liquid
Discharge from the
Dump
Site
Pr,~,4
fl~/12/’)(~fl1
(I)nen fliimn
-
fl
LPC#
1671205697
Inspection
Date:
03/03/2004
Deposition of General Construction or
Demolition Debris; or Clean Construction or
9.
55(a)
NO PERSON ,SHALL:
(1)
Cause or Allow Open
Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open
Burning
of Any Used or Waste Tire
LI
35
ILLINOIS ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
—
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR
A PERMIT TO DEVELOP AND
OPERATEALANDFILL
—
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
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
LI
-
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(Lii)
PCB;
(LII)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
LI
15.
OTHER:
LI
LI
P
LI
LI
E
LI
LI
iflformational Notes
1.
Illinois
Environmental
Protection
Act: 415
ILCS 5/4.
2~
Illinois Pollution
Control Board: 35
Ill. Adm. Code,
Subtitle
G.
3.
Statutory and regulatory references herein
are provided
for convenience only and should
not
be construed as
legal
conclusions
of the Agency
or as
limiting the Agency’s statutory or
regulatory powers.
Requirements
of some statutes
and regulations cited are
in summary format.
Full text of requirements
can be
found
in references
listed
in 1. and 2.
above.
4.
The
provisions
of
subsection (p)
of
Section
21
of
the
Illinois
Environmental
Protection
Actshall
be
enforceable either
by
administrative citation
under Section
31.1
of
the Act or
by
complaintunder Sectibn
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
LOS
5/4(c) and (d).
6.
Items marked with an
“NE” were not evaluated at the time of this inspection.
Revised 06/1 8/2001
(Open
Dump
-
2)
Narrative
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice&
Coal
Date of Inspection: March 3, 2004
o ~
Preparedby: Rich Johnson, DLPCIFOS, Springfield Region
-
u
FOS File
f~f3/~
I conducted
a reinspection ofCurry
Ice& Coal
(Curry)
on March 3, 2004.
Accompanying me on the
inspection was Mr. Dave Jansen, Bureau of Land/Field
Operation Section/Springfield Region. Mr. Jansen had been in
contact with Mr. Bruce
Garner of Curry who had indicated that the water previously observed
in the excavated
pit was gone. We were onsite to see what, if any, changes had occurred
in the large
excavation located along the west side of the north parking lot at the facility. No one
from Currywas met and interviewed at the time of the inspection.
I last inspected the site
onFebruary
5,
2004.
We arrived at about
10:00 am. It was about
45°
F, cloudy, and the
soil was wet.
The western portions of the pit were covered with ponded water (see photographs
1, 2,
3,
4, 5,
8,
9 and
10). Because of the mud in the pit, a determination was not made as to
the
total depth ofthe water. The floor ofthe pit along the eastern region was higher than the
western region, which resulted in it not accumulating ponded water. It was estimated that
the largest area ofponded water was about 203 by
135
feet.
If
an assumption is made that
the area is square,
and the water in the pond
is uniformly 6 inches deep, than about
102,257 gallons water were present. Two smaller pools
ofwater were also
observed, but
were considered smaller
and shallower than the large pond.
No groundwater or stormwater was observed flowing into the pit at the time ofthe
inspection. However, the bottom half of the pit’s northeast sidewall was moist, and it is
suspected that the moisture is caused by groundwater (see photo
11). A small flow of
groundwater had been noted in
the northeast corner ofthe pit
on previous inspections.
The muddy conditions ofthe floor showed what
appeared to be all-terrain vehicle tracks
in the southwest region of the pit (see photo
1). The only other tracks noted in the
excavation were footprints
that Mr. Jansen and I added. There was no sign ofpumps
or
trucks being in the excavation.
Near the northwest region of the excavation was an area ofmoist, white material on the
floor. This material is ADM bed ash that had been deposited last year to help soak up
a
wet area. Curry is interested in disposing the ADM bed ash in the pit in the future to
generate revenue. One of the characteristics ofthe bed ash is its
absorbent properties.
•
Reportedly, once the ash dries out it becomes as hard as concrete. What was found during
the inspection is that the ADM bed ash, after it experiencing wet and
dry cycles, breaks
1
down from
a hardened state into a mud-like consistency. Photos
12 and
13 show our
footprints in the moist, soft bed ash.
At the southwest edge of the north parking lot are piles of ADM bed ash (see photo 21).
The stockpiled ash is surrounded on the north,
south and
east sides by a small un-
compacted earthen berm. Truck tire prints in the southeast region ofthe berm indicate
one or more trucks had rUn over the soil,
flattening the berm (see photo 21).
North ofthe ADM ash was a hardened white to gray material
along the east edge ofthe
pit (see photos
5
and 6). The material
appeared to
have been dumped as a liquid and had
flowed from the edge ofthe excavation down the sidewall. From its coloration and its
changing from a liquid to
a solid
state, the material is believed to be
concrete or cement
cleaned out of a truck.
A ditch, and part of an earthen berm along the east edge ofthe pit, help divert stormwater
from entering the excavation. In the north parking lot near the southeast corner ofthe
excavation is a stormwater drain that
carries the water south toward an intermittent creek
in a wooded area. Photo
15
shows the drain inlet for the water,
and photo
15
and
16 show
a straw bale dike set up to filter out sediment from getting into the inlet. I ~ya1ked
to the
end ofthe outlet pipe
(see photo
14) located in the woods to the south. Therç didn’t to be
any recent discharges from the pipe, as determined by inspecting the erosion channel
below the pipe outlet.
I continued to
inspect the wooded area west of the pipe and near
the creek. Walking along the creek to the west, I didn’t see any evidence that would
suggest a recent flow ofwater or sediment coming from the pit.
During the inspection we observed the fueling station located at the north parking lot near
the southeast corner ofthe excavation. It was noted that there were some
staining ofthe
2
concrete pads where the Curry trucks park to pump
diesel fuel (see photo
17). We then
observed a dark stain on the gravel south ofa concrete pad located north of the pumps
(see photo
18). The concrete pad covers an underground tank for diesel. Stained gravel
was also observed on the east and north sides of the pad (see photo
19), though dark
stains were not evident
on top ofthe concrete. Finally,
a large stain on the gravel was
observed east and south ofthe pumps (see photo 20). From the location and configuration
ofthe stain it appeared that fuel had been allowed to overflow from
a pump, or from a
saddle tank on a truck. A strong diesel smell was
detected in the area directly adjacent to
the fueling station, and in the stained gravel. If the fuel
had continued flowing south and
east, it would have eventually reached the creek. The stained gravel indicated it had not
reached the creek. Hazardous and special waste determinations
will be needed before any
stained gravel and/or soil can be removed for proper disposal.
There remains a small amount ofblack material on the west side of the northern parking
lot. The black material is coal that was dislodged from the back of Curry’s dump trucks.
Curry hauls coal from the Tunis Coal mine near Elkhart, Illinois
to CWLP (among other
customers) on
a daily basis.
2
During the previous inspection ofthe site, two plastic tanks were filled
with a light bluish
green liquid. This material is
reportedly calcium chloride, which is used by the truck
drivers to spread onto the truck beds to prevent icing. The
tanks
of material remain in the
southeastregion of the
north parking lot.
We proceeded to inspect the rest ofthe north
parking
lot. Several piles of waste were
observed during the current
inspection in the northeast and eastern regions of the parking
lot. It
appears that the wastes are partly generated from the truck drivers bringing back
materials in their truck that are emptied out before another load of material can be picked
up.
Photo
22 was taken ofa pile of what
appeared to be broken drywall located in the
northeast region of the north parking lot. Walking south from the northeast region, more
piles of assorted general refuse were found. Photos 23, 24 and 25
are ofdifferent piles of
waste found in the northeast/eastcentral region ofthe north parking lot. Photo
23
and 25
show
a discarded metal hoist,
abandoned hard piping, a used tire, a chain-link fence,
a
crushed metal 55-gallon drum, etc. Photo
24 shows what may be more broken drywall or
gypsum.
Further south ofthese piles was a pile ofwood pallets, and near the southeast
corner ofnorth parking lot was a large metal tank on its
side (see photo 26). The tank was
empty except for a small
amount ofwater and rusty scale, and
it was observed
to have
several corrosion holes in it. A pile ofgeneral refuse was setting on the ground east of the
tank (see photo 27). In the pile were heavy rubber hoses, metal scrap,
concrete, wood and
some soil.
Northeast ofthe metal tank were two trailers parked along the east property line.
Between
the two trailers were scattered pieces of wood, some heavy plastic sheets that may be
some type of mud guard for the trucks,
and a couple ofused tires. Not pictured, but
observed discarded on the south slope ofthe creek, were 2 used tires, wood,
and other
debris. This
waste appeared to
have been dumped down the slope from the northeast
corner of the south parking lot.
We left the site at 11:00 am. Apparent violations noted at the time of the inspection are
included in the checklist.
DLPC/FOS, Springfield Region
DLPC/Division File
DWPC/FOS,
Springfield Region
DLC,
Greg Richardson
3
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date ofInspection:
3/03/2004
Site Code: 1671205697
Site Name:
Springfield/Curry Ice & Coal
Inspector: Rich Johnson
County: Sangamon
Time: 10:00 am—11:00 am
Measurements Approximate
Not To Scale
North
Direction of Photo
Ponded Water
Stained Gravel
GR
General Refuse
Tank
0
Earthen
Berm
4—
Creek
Monitor
Well
2
Monitor Well
3
Monitor Well
4
Station
GR
CR
23
0
North Parking
Lot
Trailers
Z~*~LI1
CR
Metal
Tank
2.1
Plastic
—4.-
2.0
Tanks
lonitor Well
I
CR
White Hardened
Material
e
•
illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #167 1205697
—
Sangamon
County
Springfield/Curry Ice
& Coal
FOS File
Date:
March
3, 2004
Time:
10:07am
Direction: Southwest
Photo by:
Rich
Johnson
Photo File Name:
1671 205697—03032004-00 1
Comments:
Photograph shows the
southwest corner ofa pit excavated
along the west side ofthe north
parking.
Date: March 3,
2004
Time:
10:07 am
Direction:
West/northwest
Photo by:
Rich
Johnson
Photo File Name:
167 1205697—03032004-002
Comments: Photograph shows the
western and southwest regions ofa
pit excavated along the west side
ofthe
north parking lot.
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•
illinois Environmental
Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date: March
3, 2004
Time:
10:07am
Direction: Northwest
Photo
by: Rich Johnson
Photo File Name:
1671205697—03032004-003
Comments: Photograph shows the
central and northwest regions of a
pit
excavated along the west side
ofthe north parking lot.
Date: March 3, 2004
Time:
10:07am
Direction: North
Photo by: Rich Johnson
Photo File Name:
1671205697—03032004-004
Comments:
Photograph shows the
northeast corner ofa pit
excavated
along the west side ofthe north
parking lot.
•
Illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date: March 3, 2004
-
Time: 10:09 am
Direction:
West
Photo by: Rich Johnson
Photo File Name:
1671205697—03032004-005
Comments:
Photograph shows
hardened
white material
on the east
edge of a pit excavated along the
west side ofthe north parking lot.
Date: March 3, 2004
Time:
10:09 am
Direction: East
Photo by: Rich Johnson
Photo File Name:
1 671205697~-~-03032004-006
Comments: Photograph shows the
east sidewall of a pit excavated
along the west side ofthe north
parking lot. Note the hardened
v’hite material found on the
sidewall.
•
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date: March 3,
2004
Time:
10:10am
Direction:
North
Photo
by: Rich Johnson
Photo File Name:
1671205697—03032004-007
Comments:
Photograph shows the
east sidewall ofa pit
excavated
along the west side ofthe north
parking lot. Note the erosion
channels found on the sidewall.
Date: March 3,
2004
Time:
10:12am
Direction:
North
Photo by: Rich
Johnson
Photo File Name:
1671205697—03032004-008
Comments: Photograph shows the
western portion ofa pit excavated
along the west side ofthe north
parking lot.
•
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHO TOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date: March 3,
2004
Time:
10:12 am
Direction:
Northeast
Photo
by: Rich Johnson
Photo File Name:
1671205697—03032004-009
Comments: Photograph shows the
eastern
portion ofa
pit excavated
along the west side ofthe north
parking lot.
Date: March 3,
2004
Time:
10:14 am
Direction:
North
Photo by: Rich Johnson
Photo File Name:
1671205697—03032004-010
Comments: Photograph shows the
western region of a pit excavated
along the west side ofthe north
parking
lot.
*
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date:
iMarch
3, 2004
Time:
10:17am
Direction: Northwest
Photo by: Rich Johnson
Photo
File Name:
1671205697—03032004-011
Comments: Photograph shows the
northeast corner
ofa pit excavated
along the west side ofthe north
parking lot. Note the wet area
found
in the bottom and sidewall at
the northeast
corner.
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Date: March 3, 2004
Time:
10:20am
Direction: South
Photo by:
Rich
Johnson
Photo File Name:
167 1205697—03 03 2004-012
Comments:
Photograph shows the
northwest
region ofa pit
excavated
along the west side ofthe
north
parking
lot. Note the white, moist
iinaterial on the floor ofthe
excavation that is apparently
ADM
bed ash.
•
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon
County
Springfield/Curry Ice
& Coal
FOS File
Date: March 3, 2004
Time:
10:23 am
Direction: East
Photo by:
Rich
Johnson
Photo File Name:
1671205697—03032004-013
Comments:
Photograph shows the
northwest
region ofa pit excavated
along the west side ofthe north
parking lot. Notethe
white,
moist
material on the floor ofthe
excavation that is
apparently
ADM
bed
ash.
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date: March 3,
2004
Time:
10:30am
Direction:
North
Photo by:
Rich
Johnson
Photo
File Name:
1671205697—03032004-014
Comments: Photo taken from the
out-let pipe found south and
east of
the pit excavated along the west.
side ofthe north parking lot.
The
pipe
is connected to a stormwater
drain located east ofthe pit.
-
-•,.
—
.—~
-
-
•
•
illinois Environmental Protection Agency
Bureau
of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon
County
Springfield/Curry Ice & Coal
FOS File
Date: March 3, 2004
Time:
10:37am
Direction:
North
Photo
by:
Rich
Johnson
Photo File Name:
1671205697—03032004-015
Comments: Photo shows
the
stormwater drainage pipe located
east ofthe pit excavated on the
west side ofthe north parking lot.
Date: March
3, 2004
Time: 10:37am
Direction: North
Photo by:
Rich
Johnson
Photo
File Name:
1671205697—03032004-016
Comments:
Photo shows
the
drainage ditch fOr stormwater from
the west edge ofthe north parking
lot leading to the straw bale dikes
and to the drainage pipe.
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon
County
Springfield/Curry Ice & Coal
FOS File
Date:
March
3, 2004
Time:
10:37 am
Direction: East
Photo by:
Rich
Johnson
Photo File Name:
1671205697—03032004-017
Comments: Photo
shows a stained
concrete
pad at the fueling station
located at the north parking lot.
Date: March
3,
2004
Time:
10:39
am
Direction:
North
Photo by:
Rich
Johnson
Photo File Name:
1671205697—03032004-018
Comments: Photo shows stained
graveljust south ofa concrete pad
located in the fueling
station area
ofthe north
parking
lot.
The
concrete pad sets over an
underground
tank
for diesel
fuel.
•
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice &
Coal
FOS File
Date: March
3, 2004
Time:
10:39 am
Direction: West
Photo
by: Rich Johnson
Photo
File Name:
1671205697—03032004-019
Comments: Photo
shows stained
gravel south, east
and north ofa
concrete pad located in the fueling
station
area ofthe north parking
lot. The concrete pad sets over an
underground tank for diesel fuel.
Date:March 3,
2004
Time:
10:41 am
Direction: Northwest
Photo by: Rich Johnson
Photo File Name:
1671205697—03032004-020
Comments: Photo shows
stained
gravel east and south ofthe fueling
station area ofthe north parking
lot.
•
Illinois
Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date: March
3, 2004
Time:
10:43
Direction:
North
Photo by:
Rich
Johnson
Photo File Name:
1671205697—03032004-021
Comments: Photo shows
ADM
bed ash piles, with the remnants of
the earthen berm around
them,
near
the east edge ofthe excavated pit
in the north parking lot.
Date: March
3,
2004
Time:
10:46 am
Direction: Northeast
Photo
by: Rich Johnson
Photo File Name:
1671205697—03032004-022
Comments: Photo shows a pile of
what appears to be broken up
drywall setting in the northeast
region ofthe north parking lot.
•
Illinois
Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date: March 3, 2004
Time:
10:49 am
Direction: Southeast
Photo by:
Rich Johnson
Photo File Name:
1671205697—03032004-023
Comments: Photo
shows solid
waste dumped
in the
northeast/eastcentral
region ofthe
north parking lot.
Date: March 3, 2004
Time:
10:50am
Direction:
Southeast
Photo by: Rich Johnson
Photo File Name:
1671205697—03032004-024
Comments: Photo
shows a pile of
white material
dumped in the
northeast/eastcentral region ofthe
north parking lot.
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon
County
Springfield/Curry Ice & Coal
FOS File
Date: March 3, 2004
Time: 10:50 am
Direction: Southeast
Photo by:
Rich Johnson
Photo File Name:
1671205697—03032004-025
Comments: Photo shows general
refuse dumped on the
northeastieastcentral region ofthe
north parking lot.
Date: March 3,
2004
Time:
10:55
am
Direction:
South
Photo
by:
Rich Johnson
Photo
File Name:
1671205697—03032004-026
Comments: Photo shows general
refi.ise and an empty metal tank
setting
in the southeast region of
the north parking lot.
•
illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1671205697
—
Sangamon County
Springfield/Curry Ice & Coal
FOS File
Date: March 3, 2004
Time:
10:55 am
Direction: South
Photo by:
Rich
Johnson
Photo File Name:
1671205697—03032004-027
Comments: Photo shows a pile of
general
refuse setting by an empty
metal tank in the southeast region
ofthe north parking lot.
Date: March 3, 2004
Time:
10:58 am
Direction:
East
Photo by:
Rich Johnson
Photo File Name:
1671205697—03032004-028
Comments: Photo shows some
general refuse setting on the
groundbetween
two semi-trailers
in the southeast region ofthe north
parking lot.
*
=•.,..•
M’~
1671205697’-03032004.doc
PROOF OF SERVICE
I herebycertifythat I didon
the 15th day ofApril 2004, send by Certified Mail, Return Receipt
Requested, with postage thereonfully prepaid, by depositing in a UnitedStates PostOffice Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Cuny Ice & Coal of Spfld., Inc.
Cuny Ready-Mix &
Builder’s Supply, Inc.
3600 N. Dirksen Parkway
2,1149 Route 4
Springfield,
IL 62707
Carlinville, IL 62626
and the original and nine (9) true and correct copies of the 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 WestRandolph 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