-
BEFORE THE ILLINOIS POLLUTION CONTROL BOJ~
CLE~FVF~?
ADMINISTRATIVE CITATION
MAY
142001
STATE OF ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
POllution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
t~2lt
7&’
v.
)
(IEPA No. 238-04-AC)
)
DANIEL PAULEY,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Daniel Pauley
315 N.
Illinois
Belleville, IL
62222
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,
J~J~JiUkjt~Lla~
Miche
e 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:
May 12, 2004
THIS FlUNG SUBMW~ED
ON
RECYCLED PAPER
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
ADMINISTRATIVE CITATION
MAY
14
2004
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
POllution Control Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
,.2t/
~‘1
)
v.
)
(IEPA No. 238-04-AC)
DANIEL PAULEY,
)
)
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 Daniel Pauley (“Respondent”) is the present ownerof a property that has been
transformed
into a
man-made lake
located
at Leibig
School
Road,
Mascoutah,
St. Clair County,
Illinois.
The
property
is
commonly known
to
the
Illinois
Environmental
Protection
Agency
as
Mascoutah/Pauley.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency Operating
Permit and is designated with
Site Code No.
1638095001.
3.
That Respondent has owned
said facility at all times pertinent hereto.
4.
That on April 15, 2004, Kendall Couch and John Senjan of the Illinois Environmental
Protection Agency’s Collinsville Regional Office inspected the above-described facility.
A copy of
the inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
1
VIOLATIONS
Based upon direct observations made by Kendall Couch and John Senjan during the course
of the April
15, 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
5121(p)(1)
(2002).
(2)
That
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
open
burning,
a
violation
of
Section
21(p)(3)
of
the
Act, 415
ILCS
5/21 (p)(3) (2002).
(3)
That
Respondent
caused
or
allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
the deposition
of waste
in
standing or flowing
waters,
a
violation
of
Section 21 (p)(4) of the Act, 415 ILCS 5/21 (p)(4) (2002).
CIVIL
PENALTY
Pursuant to
Section
42(b)(4-5) of the Act, 415
ILCS
5/42(b)(4-5)
(2002),
Respondent is
subject
to
a
civil
penalty of
One Thousand
Five
Hundred
Dollars
($1,500.00)
for each
of
the
violations
identified
above,
for a
total of
Four Thousand
Five
Hundred
Dollars
($4,500.00).
If
Respondent elects
not to
petition
the
Illinois
Pollution
Control
Board,
the statutory civil
penalty
specified above shall be due and payable no later than June 30, 2004, unless otherwise provided by
order of the Illinois Pollution Control
Board.
IfRespondent elects to contestthis Administrative Citation bypetitioning-the illinoisPollution
2
Control
Board
in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, afteran 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.
Pursuant to Section
31
.1 (d)(1) of the Act, 415 ILCS 5/31 .1 (d)(1) (2002), if Respondentfails
to petition or elect 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.
Ifany civil penalty and/or hearing costs are not paid within thetime prescribed by order of the
Illinois
Pollution
Control
Board,
interest
on
said
penalty and/or hearing
costs
shall
be assessed
against the Respondents from the date payment is dueupto~and~LncIuding
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).
IfRespondentelects to contest
this Administrative Citation, then
Respondent shall file a 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.
I
j,l4~
Date:
5/12(01-I-
Renee Cipriano,
Director
~
‘w~.
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. 238-04-AC)
DANIEL
PAULEY,
)
)
Respondent.
)
FACILITY:
Mascoutah/Pauley
SITE
CODE NO.:
1638095001
COUNTY:
St. Clair
CIVIL
PENALTY:
$4,500.00
DATE OF INSPECTION:
April
15, 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:
)
)
)
IEPA DOCKET NO.
)
Mascoutah/Pauley
)
Daniel R. Pauley
)
)
Respondent.
)
Affiant, Kendall Couch, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by the Bureau of
Land ofthe Illinois Environmental Protection Agency and
has been so employed
at all times pertinent hereto.
2.
On April
15,
2004, between 1:15pm and 1:40pm, Affiant conducted an
inspection ofthe open dump in St. Clair County, Illinois, known as
Mascoutab/Pauley, Illinois Environmental Protection Agency Site No.
1638095001.
3.
Afflant inspected said Mascoutali/Pauley open dump
by an on-site
inspection which included walking the site and taking photographs.
4.
As a result ofthe activities referred to in Paragraph 3 above, Affiant assisted in
the completion ofthe Inspection Report form attached hereto and made a part
hereof, which, to the best ofthe Affiant’. s knowledge and belief, is an accurate
representation ofAffiant’ s observation and factual conclusions with respect to
said .Mascoutah/Pauley open dump.
Subscribed
and Sworn to before me
this 21st day ofApril 2004
~
&/t4~J~2L~
Notary Public
“OFFiCIAL
SEAL”
Paula
Ottensmejer
Notary Publj~,State of 11Ij~~j~
c
~My
Conm~~~0~
Expir~s
“T
~/~/o7
Kendall Couch
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
)
IEPA DOCKET NO.
)
MascoutahlPauley
)
Daniel R.
Pauley
)
)
Respondent.
)
Affiant, John Senjan, being first duly sworn, voluntarily deposes and
states as follows:
1.
Affiant is a field inspector employed by the Bureau of
Land of the Illinois Environmental Protection Agency and has been so employed
at all times pertinent hereto.
2.
On April
15,
2004, between 1:15pm and
1:40pm, Affiant conducted an
inspection ofthe open dump in
St. Clair County, Illinois, known as
Mascoutab/Pauley, Illinois Environmental Protection
Agency Site No.
1638095001.
3.
Affiant inspected said
MascoutahlPauleyopen dump by an on-site
inspection which included walking the site and taking photographs.
4.
As a result ofthe activities referred to in Paragraph
3
above, Affiant assisted in
the completion ofthe Inspection Report form attached hereto and made a part
hereof, which, to the best ofthe Affiant’ s knowledge and belief,
is an accurate
representation ofAffiant’ s observation and factual conclusions with respect
to
said MascoutahlPauley open dump.
1’•
r~
_~(
f~\~
John S”enjan
Subscribed
and Sworn to before me
this 21st day ofApril 2004
Notary Public
~
“OFFiCiAL
SEAL”
Paula Ottensmeier
Notary Public, State of Illinois
My Commission Expires
“~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
St. Clair
LPC#:
Location/Site
Name:
Mascoutah/Pauley
Date:
04/15/2004
Time:
From
1:15pm
Inspector(s):
Kendall Couch
No. of PhotosTaken:
#
8
Interviewed:
No one
present
Responsible Party
Mailing Address(es)
and Phone
Number(s):
1638095001
Region:
6
-
Collinsville
To
1:40pm
Previous Inspection Date:
02/04/2004
Weather:
Sunny, dry,
72 degress F.
_______
yds3
Samples Taken:
Yes #
Complaint #:
NA.
Est. Amt. of Waste:
450
____
No
~
Pufalt-Pauley Insurance
Agency Inc.
Attn.
Daniel
R.
Pauley
315 N.
Illinois
BeIIeville,
IL. 62222
618/233-0034
/~Pp
2
9
2004
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW
AIR
POLLUTION
IN ILLINOIS
Z
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN
OR ALLOW WATER POLLUTION
IN ILLINOIS
Z
4.
12(d)
CREATE AWATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
Z
6.
21(d)
CONDUCT
ANY
WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
(1)
Without a
Permit
Z
(2)
In Violation
of
Any
Regulations or
Standards Adopted by the Board
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON
ANY
WASTE, OR TRANSPORT ANY
WASTE INTO THE
STATE AT/TO SITES NOT MEETING REOUIREMENTS OF ACT
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF
ANY
WASTE IN A MANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES
AT THE DUMP SITE:
(1)
Litter
(2)
Scavenging
E
(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
E
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1638095001
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
lD~mnlitinn
DRhri~
9.
55(a)
NO
PERSON SHALL:
(1)
Cause or Allow Open Dumping
of Any Used or Waste Tire
Z
(2)
Cause or Allow Open Burning of
Any
Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE
CODE REQUIREMENTS
SUBTITLE G
10.
812.101(a)
FAILURE TO SUBMIT
AN APPLICATION FOR A PERMIT TO DEVELOP
AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
U
12.
808.121
SPECIAL WASTE DETERMINATION
U
13.
809.302(a)
ACCEPTANCE
OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
U
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(J)
PCB;
(0)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
U
15.
OTHER:
U
U
U
U
U
U
.
Informational
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 Act shall be enforceable either
by administrative citation
under Section
31.1
of the Act or by complaint under Section
31
of the Act.
5.
This inspection was conducted
in accordance with Sections-4(c)-and-4(d)-of-the-Illinois
Environmental Protection Act:
415 ILCS
5/4(c) and
(d).
6.
Items marked
with
an “NE” were not evaluated at the time of this inspection.
Inspection
Date:
04/01/2004
Jh~tq1d~
4~
Signature of Inspector(s)
Revised 06/18/200 1
(Open Dump
-
2)
LPC#-1638095001-St.
Clair County
Mascoutah/Pauley
Date of Inspection: April
15,
2004
14P~
2
9
?Q0
Preparedby: Kendall Couch
Date: April 20, 2004
IEPI4DLP
Narrative
C
General Remarks
On April
15,
2004,
John
Senjan and I went
to do a
follow-up inspection
at this
site. The
weather was sunny, dry, and the temperature was 72°degrees.
This
site is
a man made
lake near Mascoutah, Illinois. It is the intent ofthe owner, Daniel Pauley, to
fill the lake
and have submerged tires serve as a breeding habitat for fish. This plan is supported by
the United States Department ofthe Interior, Fish, and Wildlife Service. The United
States Department ofthe Interior, Fish, and Wildlife Service directed Mr. Pauley to have
all the tires connected by stainless steel cable and then anchored by 3 foot augers to keep
the tires in place.
History
This site was an empty lake lined with several rows ofused tires. This site was inspected
on February 10,
2003. A Violation Notice (L-2003-01052) was issued on March 10, 2003
alleging violations pertaining to the open dumping ofwaste tires. A response to Violation
Notice (L-2003-01052) was received on April 28, 2003.
A Compliance Commitment Agreement (CCA) Acceptance Letter with Modifications
was sent on May 12, 2003. This CCA Acceptance Letterwas returned to the Collinsville
Regional
Office and another CCA Acceptance Letterwas sent
to the business address of
Mr. Pauley on June 10, 2003. The CCA Acceptance Letter modifications outlined a 90
day tire removal plan. This site was also inspected on October 31, 2003 and February 4,
2004.
After my initial inspection, Mr. Pauleypresented a letter from the United States
Department ofthe Interior, Fish, and Wildlife Service. This letter outlined a plan to use
waste tires to serve as a breeding habitat for fish.
This plan called for the tires to be
positioned in 3 to
5
feet ofwater and anchored with stainless steel cable and 3
foot
augers.
On July 21,
2003, I spoke to Mr. Pauley via phone. Mr. Pauley stated that he would be
out oftbwn until July 30, 2003. Mr. Pauley stated that afterhe returned he would
contact
New Heights Recovery ofDupo, Illinois to
initiate a plan to remove the tires at this site.
On February
18, 2004, I spoke with Mr. Pauley via phone. Mr. Pauley stated that he had
staged a trailer at this site on February 14, 2004. The trailer was to be used to facilitate
the removal of.the waste tires.
Mr. Pauley stated that New Heights Recovery ofDupo,
Illinois was contracted to dispose ofhis waste tires.
LPC#-163809500 1-St. Clair County
MascoutahlPauley
Compliance File
On February 26, 2004, I went to this site and I observed two piles oftruck tires located
on
the northern end ofthis site. There were approximately 400 tires in the large pile and
approximately 200 tires in the smaller pile. To the west ofthese tires was a trailer with a
small loader inside. Located in the front ofthe trailer were approximately 40 truck tires. I
again observed
several rows of tires lining the southern, western and eastern ends ofthe
lakebed. These tires were approximately 10
to
15 feet above the shoreline.
During the last inspection, I observed
several hundred cinder blocks on the north end of
the lakebed. These cinder blocks were again observed during this visit. It appears that
most ofthe lake has a water level ofapproximately one or two feet. The water appears to
be
deeper on the southern end. Water covers
approximately 60
ofthe lakebed. Several
pictures were taken during this visit.
On April
1, 2004, I returned to this site. The two piles oftires located on the northern end
ofthis site were not present. The trailer observed in the February 26, 2004 visit remained.
The truck tires and small loader were again observed in the trailer.
On the southern end of the lake were hundreds tires lying in the water along the edge of
the lake. These tires were
95
submerged in the water. It appeared that the tires lining
the lakebed, above the shoreline, had been rolled into the lake. No tires were observed
above the shoreline during this inspection.
On April 2, 2004, I spoke to Mr. Pauleyvia phone.
Mr. Pauley explained that he had
drilled holes in the tires and then placed them into the lake. I told Mr. Pauley that I was
concerned about the lake drying up during the summer months and causing the tires to
be
exposed. Mr. Pauley assured me that the lake was spring feed and the lakebed would
always contain water.
I asked Mr. Pauley to submit receipts from New Heights Recovery representing the
disposal ofthe truck tires observed in the previous inspections. Mr. Pauley stated that he
would write up a letter explaining his present activities
as well as future plans for this site
and then fax this letter and disposal
receipts to the IEPA Collinsville Regional Office. No
receipts or letterhave been received by the Agency as of writing this narrative.
Inspection
On April
15,
2004, we observed approximately 50 truck tires lying in a row near the
aforementioned trailer on the northwestern end ofthis site. The trailer contained a loader
and approximately
15 truck tires. There were also two small open trailers just to the east
ofthe box trailer.
LPC#-1638095001-St.
Clair County
MascoutahlPauley
Compliance File
We also observed a burned area approximately 100 feet to the east ofthe large trailer.
The burned area contained partially burned wood along with what appeared to be tire
wire. The burned area was
12-15 feet in diameter.
Approximately 20 tires were observed floating in the middle ofthe lake. We then went to
the south end ofthe lake. There we observed hundreds oftires along the south edge ofthe
lake. Some ofthe tires were entirely in the water while others were sitting just on the
edge ofthe water. Most ofthe tires in the water were
95
submerged. John Senjan pulled
several tires out of the lake. These tires did not have any holes drilled in them. The tires
were not connected together by cable and no augers were observed as directedby the
United States Department ofthe Interior, Fish, and Wildlife Service letter.
At the time ofthis inspection, the apparent violations
found in previous inspection were
again observed. During this most recent inspection, the additional violations of9(a), 9(c),
12(a),
12(d), 21(e), 2l(p)(3),
21(p)(4), and
55(a)(2)
ofthe Illinois Environmental
Protection Act will be alleged.
cc:
DLPC/FOS- Collinsville Regional
State ofIllinois
Environmental Protection Agency
Facility Diagram
Date ofInspection:
April 15, 2004
Site Code:
1638095001
Site Name:
Pauley
Inspector:
Kendall Couch
County:
St. Clair
Time
4:00pm
E~1~
I
01
0~
LPC
#1 638095001
—St. Clair County
MascoutahlPauley
FOS
File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
April
15,
2004
TIME:
1:lSpm-1:3Opm
DIRECTION:
PHOTO by:
Kendall Couch
PHOTO
FILE
NAME:
1
638095001—~04
152004-001
COMMENTS:
DATE: April
15,
2004
TIME:
1:lSpm-1:3Opm
DIRECTION:
PHOTO
by:
Kendall Couch
PHOTO FILE
NAME:
1638095001-04152004-002
COMMENTS:
LPC
#1 638095001
—St. Clair County
Mascoutah/Pauley
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
April
15,
2004
TIME:
1:l5pm-1:3Opm
DIRECTION:
PHOTO
by:
Kendall Couch
PHOTO
FILE NAME:
1
638095001-~04152004-003
COMMENTS:
DATE: April
15,
2004
TIME:
1:lSpm-1:3Opm
DIRECTION:
PHOTO by:
Kendall Couch
PHOTO FILE NAME:
1 638095001-~041
52004-004
COMMENTS:
LPC #1638095001
—St. Clair County
Mascoutah/Pauley
FOS
File
DATE:
April
15,
2004
TIME:
1:lSpm-1:3Opm
DIRECTION:
PHOTO
by:
Kendall Couch
PHOTO
FILE NAME:
1
638095001—041 52004-005
COMMENTS:
DATE:
April
15,
2004
TIME:
1:lSpm-1:3Opm
DIRECTION:
PHOTO by:
Kendall Couch
PHOTO FILE
NAME:
1638095001 —04152004-006
COMMENTS:
DIGITAL PHOTOGRAPH PHOTOCOPIES
