RECERV
ED
CLERK’S OFFICE
MAY
27
2~Ok
STATE OF ILUNOIS
Pollutien Control Board
J~c~D
~
INFORMATIONAL NOTICE!!!
IT
IS.
IMPORTANT.
THAT.
YOU
READ
THE ENCLOSED.
DOCUMENTS.
NOTE:
This Administrative citation
refers to TWO separate State
of Illinois Agencies.
One is the ILLINOIS POLLUTION
CONTROL BOARD located at State of Illinois Center,
100 West Randolph Street, Suite 11-500, Chicago,
Illinois
60601.
The other state agency is the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY located at:
1021
North Grand Avenue East, P.O.
Box 19276,
Springfield,
Illinois 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
A copy of the Petition for Review should be either
hand-delivered or mailed to the Illinois Environmental Protection
Agency at the address given above and should be marked to the
ATTENTION: DIVISION OF LEGAL COUNSEL.
.
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 272004
STATE OF ILLNOIS
ADMINISTRATIVE CITATION
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
.
)
Complainant,
)
AC
)
v.
)
(IEPA No. 271 -04-AC)
)
JOSEPH
LUPARELL and TROY CURLEY,
)
Respondents.
)
NOTICE OF FILING
To:
Joseph Luparell
Troy Curley
999 Clear Lake Road
816 McCleary Avenue
Dawson, IL
62560
Springfield,
IL
62703
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT,
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:
May 25, 2004
THIS FILING SUBMITFED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
MAY
27
2004
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
STATE OF ILLINOIS
Pollution
Cot~troIBoard
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 271-04-AC)
)
JOSEPH LUPARELL and TROY CURLEY,
)
Respondents.
)
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 Joseph Luparell
is the present owner and Troy Curley is the present operator
(collectively “Respondents”) of a facility located at 2193 J.
David Jones Parkway (Frontage Road),
Springfield,
Sangamon
County,
Illinois.
The
property
is
commonly
known
to
the
Illinois
Environmental
Protection Agency as Springfield/Luparell.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency Operating Permit and is designated with
Site Cod&No. 1678220029.
3.
That Respondents have owned and operatedsaid facility at all times pertinentheréto.
4.
That on April
12, 2004, Jan
Mier of the Illinois
Environmental
Protection Agency’s
Springfield Regional Office inspected the above-described facility.
A copy of her inspection report
setting forth the results of said inspection
is attached hereto and made a part hereof.
VIOLATIONS
Based
upon direct observations made by Jan
Mier during the course of her April 12, 2004
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that Respondents have violaled the Illinois Environmental Protection Act (hereinafter, the “Act”) as
follows:
(1)
That
Respondents
caused
or allowed the
open dumping
of waste
in
a manner
resulting
in
litter,
a
violation
of
Section 2l(p)(l)
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)
Respondents are
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
Respondents
elect
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.
IfRespondents.elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1
(2002), and if the Illinois
Pollution Control Board
issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shall be assessed
in
addition to the One Thousand
Five Hundred
Dollar ($1,500.00) statutory civil penalty for each
violation.
2
Pursuant to Section
31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondents fail
to petition or elects notto petition the Illinois Pollution Control Board for review of thisAdministrative
Citation within thirty-five (35) days of the date of service,
the Illinois Pollution Control
Board shall
adopt a
final
order,
which
shall include
this Administrative
Citation and
findings
of violation
as
alleged herein, and shall impose the statutory civil penalty specified above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection Agency,
1021
North
Grand
Avenue East,
P.O.
Box
19276, Springfield,
Illinois
62794-9276.
Along with
payment,
Respondent shall complete and
return
the enclosed
Remittance Form to ensure properdocumentation of payment.
Ifany civil penaltyand/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
againstthe Respondentsfrom the date payment isdue up to and including the date that payment is
received.
The
Office
of the Illinois
Attorney General
may be
requested
to
initiate
proceedings
against Respondents in Circuit Court to collect said penaltyand/or hearing costs, plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
-
Respondents
have
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 Respondents elect 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 Respondents.
______________
Date:
512~J04
Renee Cipriano,
Director
~rc~c_
Illinois
Environmental Protec
ion 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. 271-04-AC)
)
JOSEPH LUPARELL and
TROY CURLEY,
)
Respondents.
)
FACILITY:
Springfield/Luparell
SITE CODE
NO.:
1678220029
COUNTY:
Sangamon
CIVIL
PENALTY:
$1,500.00
DATE
OF INSPECTION:
April
12, 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 sigh 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:
)
JOSEPH
LUPARELL
)
)
IEPA DOCKET
NO.
)
Respondent.
)
Affiant,
Jan Mier,
being
first duly
sworn, voluntarily deposes and
states as
follows:
1. Affiant
is a field
inspector employed
by the
Land Pollution
Control Division of the
Environmental
Protection Agency and
has
been so employed at all times pertinent hereto.
2.
On
April
12,
2004 between
11:40
a.m. andl2:OO p.m.,
Affiant
conducted an inspection of an open dump, located
in Sangamon
County, Illinois and
known as
Springfield/Luparell
by the
Illinois
Environmental
Protection Agency.
Said
site has been assigned
site code number LPC#1 678220029 by the Agency.
3.
Afflant 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
belief,
is
an accurate representation of Affiant’s observations and
factual conclusions with
respect to said
open dump.
Subscribed and Sworn to Before
Me
this /~1~day
of
_____
2004
~
Notary Public
OFFICIAL
SEAL
C.9ARLENE
K.
POWELL
NOTARY
PUBLIC
STATE
OF
ILLINOIS
My
Comm.
ExpIres
March
15,
2008
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Tire Disposal Site Inspection Checklist
Date:
4/12/04
Time:
From
11:40
AM
Inspector(s):
JAN MIER
Weather
45 F, OVERCAST
Interviewed:
NO ONE ON
SITE
I
Telephone:
217/364-5500
To
12:00
Previous Inspection Date:
12/1/03
PM
No. of Photos Taken:
#
11
No. of Samples Taken:
0
Complaint #:
C-04-037-C
300
J
Estimated Number of Used Tires Located At This Facility
MAY
172004
SECTION
DESCRIPTION
IEPA-DLPC
VIOL
County:
SANGAMON
LPC#:
1678220029
City/Facility Name:
SPRINGFIELD/LUPARELL
Facility Location:
2193 J.
DAVID JONES PARKWAY (FRONTAGE ROAD),
SPFLD,IL
Region:
5
-
Springfield
Owner:
Operator:
—
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS.
-
L
9(c)
CAUSE OR ALLOW OPEN BURNING.
E
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS.
E
4.
12(d)
CREATE A WATER POLLUTION HAZARD.
U
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
Z
USED TIRES~OTHER WASTE
~.
21(d)
CONDUCT A WASTE-STORAGE, TREATMENT, OR DISPOSAL
OPERATION:
(I)
without apermit grantedby the Agency
Note: cite only at tiredisposal sites where tires are
fi~
disposed after
1/1/92. Also Mark 848.501(c), and812.101(a)
in
COther RequirementsL.
Also citewhen other off-site generated waste has been disposed
(2)
in violation of anyregulationsor standards adopted by the Board under this Act
Note: Also Mark appropriate Violations of Part 848
.
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE EXCEPT AT A
SITE WHICH MEETS THE
REQUIREMENTS OF THIS ACT AND REGULATIONS.
Note: Also Mark appropriate Violations of Part 848
.
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
0
(3)
Open Burning
.
—
0
(4)
Deposition of Waste in Standing or Flowing Waters
0
(5)
Proliferation ofDisease Vectors
0
(6)
Standing or Flowing Liquid Discharge from theDump Site
.
0
(7)
Deposition of General Construction or Demolition Debris;
or Clean Construction or Demolition Debris
—_0
9.
55(a)
NO PERSON SHALL:
LPC 61- UTU
~
~/4/Q7
Tire Disposal
Site
-
LPC
#:
Date:
(I)
Cause or Allow
Open Dumping ofAny Used or Waste Tire
(2)
Cause or Allow Open Burning ofAny Used or Waste Tire
U
(5)
Abandon, Dump or Dispose of Any Used or Waste Tire on Private or Public Property
(6)
Fail
to submit required reports or
tire removal agreements
55(c)
.
FAILURE TO FILEThE REQUIRED NOTIFICATION WITH THE AGENCY BY
1/1/90 OR WITHIN 30 DAYS
OF
COMMENCEMENT OFTHE DISPOSAL ACTIVITY.
55(d)(2)
CAUSING OR ALLOWING THE OPERATION OF A TIRE DISPOSAL SITE WITHOUT SUBMITTING, AND
RECEIVING WRITTEN 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 WASTETIRE IN VIOLATION OF ANY
REGULATION OR STANDARD ADOPTED BY THE BOARD
Note: Also Mark appropriate Violations of Part 848
.
~
55(r)
ARRANGE FOR THE TRANSPORTATION OF USED OR WASTE TIRES AWAY FROM THE SITE OF
GENERATION WITH A
PERSON KNOWN TO OPENLY DUMP SUCH TIRES
U
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 of Subpart F
El
55(h)
CAUSE
OR ALLOW THE COMBUSTION OF ANY USED OR WASTE TIRE IN AN ENCLOSED DEVICE
UNLESS
A PERMIT HAS BEEN ISSUED BY THE AGENCY
U
55(i)
CAUSE OR ALLOW THE USE OF PESTICIDES TO TREAT TIRES EXCEPT AS
PRESCRIBED BY BOARD
REGULATIONS.
Note: Also Mark aViolation of848.205
El
55(j)
FAILURE TO COMPLY WITH THE TERMS OF A TIRE REMOVAL AGREEMENT.
U
55.4
FAILURE, BY THE OWNEROR OPERATOR OF A TIRE DISPOSAL SITE REQUIRED TOFILE AND RECEIVE
APPROVAL OF A TIRE REMOVAL AGREEMENT,
TO REMOVEUSED OR WASTE TIRES FROM A TIRE
DISPOSAL SITE IN A
MANNER THAT:
a)
0
Minimizes theneed for further maintenance
b)
0
Removes all used and waste tires
and any residues therefrom; and
c)
U
Protectshuman health during theremoval
andpost
removal periods.
Note: Also Mark aViolation of 848.502
.
El
PART 848
SUBPART B
MANAGEMENT STANDARDS
848.202(b)
AT SITES
ATWHICH
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 theUnobstructed Movementof Personnel and•
Equipment
.
0
(2)
NOT Accumulate Any Used or Waste Tire in Any Area Located Outside ofAny Building Unless theAccumulation is
Separated from All Buildings, Whetheron or offthe Site, by
25
Fe’et
0
(3)
NOT Place Onor 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 WhichMore 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 Exceeding2
Without Meeting theRequirements of
848.202(d)(3)
0
LPC6I-UTU
TireDisposalSite-2
Rev 214/97
LPC#:
ti~1c62~Z002~S
Date:
(-4112J0--t
20.
848.202(c)
IN ADDITION TO THE REQUIREMENTS
SET FORTH N
848.202(b),
ThE OWNER OR OPERATOR
OF A
SITE AT
WHICH
MORE THAN 500
USED OR
WASTE TIRES ARE LOCATEDSHALL:
-
(1)
Maintain a Contingency Plan Which
Meets the Requirements of
848.203
(2)
Meet the Record keeping requirements of Part 848 Subpart C
Note:
Also Mark a Violation of Subpart C
(3)
.
.
Maintain waste tire piles separated from grass,
weeds, brush, over-hanging tree
limbs, andsimilar vegetative growth by
no less than 50
feet.
21.
848.202(d)
IN ADDITIOITO
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.
U
21
848.203
CONTINGENCY PLAN REQUIREMENTS FOR DISPOSAL
SITES
WITH MORE THAN 500 TIRES
(a)
Theowner/operator must meet therequirements of 848.203.
Note: Also Mark aViolation of 848.203(b), (c),
(d),
(e),
(I), (g),
or (h)
(b)
The contingency plan must be designed to minimize the hazard to human healthand theenvironment from fires and run-
off ofcontaminants resulting from fires and from disease spreading mosquitos andother nuisance organisms which may
breed
in wateraccumulations in
used or waste tires.
U
(c)
Immediately implement thecontingencyplan provisions whenever there is a fire or run-offresulting from a tire fire, or
whenever there is evidenceofmosquito production.
-
U
(d)
The contingency plan must describe the actions that must be taken in response to fires, run-off resulting from tire fires
and mosquito breeding in
used or waste tires.
U
(e)
Thecontingency plan must include evacuation procedures for site personnel, including signals, evacuation routes and
alternate evacuationroutes as well as
provisions for pesticide application.
U
(f)
Thecontingency plan must be maintained at the site and submitted to state and local authorities.
U
(g)
Thecontingency plan must be reviewedand amended within
30 days if theplan fails or the emergency coordinator
changes.
U
(h)
At all times, there must be oneemergency coordinator on site or on callwith
responsibility for coordinating emergency
response procedures.
The emergency coordinator must be
familiar with the plan and all aspects of the site, and havethe
authority to commit theresources to carry out theplan.
U
STORAGE
OF USED
AND WASTE TIRES WITHIN BUILDINGS
AT TIRE
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.
848.204(b)
STORAGE OF LESS THAN 500 TIRES WITHIN A BUILDING
LLOWED IF:
(1)
0
Tires Drainedof All Water Prior to Placement in the Building
(2)
~
All of the Buildings Windows and Door~
Maintained in Working Orderand Secured to Prevent
Unauthorized Access.
(3)
0
TheBuilding Is Maintained So That it Is Fully Enclosedand Has a Roof and Sides Which Are
Impermeable to Precipitation
(4)
0
TheStorage of Used or Waste Tires Is not in a Single Family Homeor a Residential Dwelling
25.
848.204(c)
IN ADDITION TO THE REQUIREMENTS SET FORTH
EN SECTION 848.204(b),THE
OWNER OPERATOR OF A
SITE
WITH 500
OR
MORE USED OR WASTE TIRES
STORED WITHIN BUILDINGS
SHALL:
(I)
Develop a tirestorage plan in consultation with fire officials meeting therequirements of: 848.204 (c)(
1)
(A)
0
considering the type ofbuilding
tobe used for thetire
storage.
(B)
0
the plan shall
include, but not be limited to, tire storagearrangement; aisle space; clearance
distances betweentire piles and sprinklerdeflectors; and access to fire
fighting personnel and
equipment
(C)
0
a copy of the plan shall be filed with the Agencywithin 60 days of and implemented
within
14
days
of filing with theAgency.
0
LPC6I-UTU
TireDisposalSite-3
;t_
~/4JQ7
LPC ~:
Date:
(2)
Have and maintain acontingency plan which meets the requirements of Section
848.203
U
(3)
Meet the record keeping andreporting requirements of Subpart C
—
Note:Also Mark a Violation ofSubpart C
26.
848.204(d)
A
BUILDING THAT STORES MORE THAN 10,000 USED OR WASTE TIRES, AND WAS CONSTRUCTED
AFTER 5/1 0/91,
FORTHE PRIMARY PURPOSE OF STORING USED OR WASTE TIRES,
SHALL COMPLY
—
WITH THE NFPA
231 D BUILDING STANDARD.
PESTICIDE
TREATMENT
U
U
27.
848.205
OWNERS OR OPERATORS
OF TIRE DISPOSAL SITES TREATING USED OR WASTE TIRES WITh PESTICIDES
PURSUANT TO-THIS
PART OF TITLE XIVOF THE ACT (SHALL):
(a)
Use a Pesticide Labeled for Control
of Mosquito Larvae Unless an Adult Mosquito Problem is Identified
U
(b)
Maintain a record of pesticide use at the site which shall include for each application:
(I)
U
Dateof Pesticide Application
(2)
U
Number of Used or Waste Tires Treated
(3)
0
Amount ofPesticide Applied
(4)
0
Type of Pesticide Used
U
(c)
Notify theAgency ofPesticide Use Within
10 Days ofEach Application. Notification shall include theinformation
in
848.205(b).
U
28.
848.205(d)
Persons Applying Pesticides to Used and Waste Tires Must Comply with theRequirements of the Illinois Pesticide Act
(Ill. Rev. Stat.
1989, ch. 5, par.
801
et seq.)
U
PART 848: SUBPART
C:
RECORD KEEPING AND
REPORTING
-
Note
Applies to Disposal
Sites with 500 or more Used or Waste Tires
29.
848.302(a)
Theowner/operator shall keep on site a:
(I) ~
Daily TireRecord
(2)
~
Annual TireSummary
30.
31.
848.303(a)
FAILURE TO MAINTAIN A DAILY TIRE RECORD THAT INCLUDES:
U
Dayofthe Week
-
0
Date
U
Agency Site Number
0
Site Name and Address
U
848.303(b)
FAILURE TO RECORD IN
THE DAILY TIRE RECORD THE FOLLOWING INFORMATION
(1)
0
Weight or volume ofused or waste tires received at thesite duringthe operating day.
(2)
0
Weight or volume of used or waste tires transported from thesite and thedestination of thetires so
transported.
(3)
0
Total number of used
or waste tires remaining in storage at theconclusion ofthe day.
(4)
U
Weight or volume of used or waste tires burned or combusted during theday.
0
32.
848.304
FAILURETO MAINTAIN ON SITE AN ANNUALTIRE SUMMARY FOR EACH CALENDAR YEAR
THAT INCLUDES:
(a)
The site number,
name and address and thecalendar year for which the summary applies.
0
(b)(I)
The weight or volume of tires received
.
0
(b)(2)
The weight or volume of tires transported from the site
0
(b)(4)
Theweight or volume ofused or waste tires combusted during the calendar
year
U
31
848.304(c)
FAILURE
TO SUBMIT THE ANNUAL
TIRE SUMMARY BY JANUARY31
OF EACH YEAR
U
34~
848.305
FAILURE
TO 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, andwhich do not have written approval
of
a tire
removal
agreement, per 848.208
35.
848.400(b)(I)
AT TIRE
DISPOSAL SITES AT
WHICH TIRES ARE FIRST
DISPOSED ON OR
AY~ER
1/1/92,
FAILURE
TO COMPLY WITH SUBPART D PRIOR TO DISPOSING ANY USED OR WASTETIRES
Note: Also Mark a Violation of 848.401
or 848.404
LPC
61- UTU
Tire Disposal
Site -4
Rev
2/4-97
LPC#:
1~izoo-~c~
Date:
36.
848.400(b)(2)
ATTIRE 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 of 848.401
or 848.404
—
.
U
37.
848.401(a)
FAILURE TO MAINTAIN FINANCIAL ASSURANCE EQUAL TO OR GREATER THAN THE CURRENT COST
ESTIMATE CALCULATED PURSUANT TO SECTION
848.404 AT ALL TIMES.
EXCEPT AS OTHERWISE
PROVIDED BY 848.401
(b).
38.
848.401(b)
-
-
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)
~
a
decrease
in thevalue of a trust fund
(3)
0
a determination by theAgency that an owner or operatorno longer meet&the
financial test of
-Section 848.415
(4)
0
notification by theowner or operator that theowner or operatorintends
to substitute alternative
financial assurance,
as specified in Section
848.406 for self-insurance
U
39.
848.404(a)(2)
BY JANUARY
1
OF EACH
YEAR, FAILURE TO
SUBMIT A
WRI1TEN COST ESTIMATE
OF THE COST OF
REMOVING
ALL USED OR WASTE TIRES.
•
~
4(L
848.404(b)
FAILURE TOREVISE THE COST ESTIMATE WHEN COST ESTIMATES
INCREASE.
El
PART
848: SUBPART
E:
TIRE REMOVAL AGREEMENTS
41.
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
WRITFEN APPROVAL FROM THE AGENCY OF A
TIRE
REMOVAL AGREEMENT SUBMITTED PURSUANT TO THIS SUBPART.
U
42.
848.501(c)
FAILURE TOFIRST OBTAIN A
LANDFILL PERMIT FROM THE AGENCY FOR TIRE DISPOSAL SITES
AT
WHICH
TIRES ARE FIRST DISPOSED AFTER
1/1/92.
-
43.
848.502
FAILURE,
BY THE OWNEROR 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 theneed for further maintenance
(b)D
Removes all
used andwaste tires andany residues therefrom; and
(c)
U
Protects human health during the removal and post removal periods.
0
44.
848.506(a)
AT
TIRE DISPOSAL SITES AT
WHICH TIRES ARE
FIRST
DISPOSED AFFER
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.
45.
848.506(b)
THE OWNER OPERATOR SHALL BEGIN REMOVAL OF USED AND WASTE TIRES
IN ACCORDANCE
WITH THE APPROVED TIRE REMOVAL AGREEMENT WIThIN 30 DAYS AFTER WRITTEN AGENCY
APPROVAL, UNLESS THE TIRE REMOVAL AGREEMENT SPECIFIES
OTHERWISE
El
—
PART 848: SUBPART
F: TIRE TRANSPORTATION REQUIREMENTS
46.
848.601(a)
NOPERSON SHALL TRANSPORT MORE THAN 20 USED OR WASTE TIRES
IN A VEHICLE
UNLESS THE
FOLLOWING REQUIREMENTS
ARE
MET:
(1)
0
theowner or operatorhas registered the vehicle with the Agency in accordance with Subpart F,
received
approval of such registration from theAgency, and such registration is current, valid and
in effect
(2)
0
theowner or operator displays aplacard on the vehicle, issued by the Agency following
registration,
in accordance with therequirements of Subpart F.
0
47.
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
EDENTIFYING THE TRANSPORTER
AS A
REGISTERED
TIRE HAULER.
0
48.
49.
848.606(a)
848.606(b)
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 TireTransporter: (number).”
REGISTERED TIRETRANSPORTER NUMBERS AND LETTERS SHALL BE REMOVABLE ONLY BY
DESTRUCTION. DIRECTLY ADJACENT TOTHE 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
0
LPC
61-
u-ru
Rev
214/97
Tire
Disposal
Site.
5
LPC
Date:
—
OTHER
REQUIREMENTS
5tI~
112.101(a)
FAILURE TO
SUBMIT AN APPLICATION
FOR A
PERMIT TO DEVELOP AND OPERATE
A LANDFILL
-
51.
52.
APPARENT VIOLATION OF:
(0)
PCB; CASE
NUMBER:
(0)
CIRCUIT COURT ORDER ENTERED ON:
0
722.111
808.121
FAILURETO MAKE A
HAZARDOUS AND SPECIAL WASTE DETERMINATION
.
0
Signature
of
Inspector(s)
(~j)~~/r’~
(~1
Lh2../
Informational
Notes:
-
1.
Illinois
Environmental
Protection Act:
415
ILCS 5/1
et
seq.
2.
Illinois Pollution Control Board: 35
111.
Adm.
Code, Subtitle G.
3.
Illinois
Pollution Control
Board: 35
III. Adm.
Code, Subtitle G, Chapter I, Subchapter m, Part 848.
4.
Statutory
and regulatory references
herein are provided
for convenience only and should not be consnued 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.
5.
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
ofthe Act or by complaint
under Section
31
ofthe Act.
6.
This
inspection
was conducted in
accordance with Sections 4(c) and 4(d) ofthe 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.
LPC 61-
UTU
Tire
Disposal
Site -6
Rev
24
~7
•
•
RECE!v~D
Illinois Environmental Protection Agency
Inspection Narrative
fv1~17
2004
LPC#1678220029
-
Sangamon County
Inspection Date: 4/12/04
SpringfieldfLuparell
Inspector: Jan Mier
IEP.A-DLpC
FOS File
C-04-037-C
On April
12, 2004, I conducted a follow-up inspection at the above referenced site.
The site owner,
Joseph Luparell, and the site operator, Troy Curley were sent ViolationNotices (L-2003-01461 and L-
2003-0 1462, respectively) on
January 20, 2004.
Mr. Luparell andMr. Curley were told to remove all
solid wastes by April
1, 2004 and either remove all tires, or submit an inventory of the tires and a Tire
Removal Agreement by April
1, 2004.
A response from Mr. Luparell, received March
1, 2004, stating
the tires would be removed by an Illinois EPA registered used tire hauler as soon as weather
permitted. He also stated all waste would be removed in three months when the ground
is dry.
This
compliance commitment agreement was rejected in a letter dated March 17, 2004 becauseno
firm
time limits were given.
Mr. Luparell had telephoned me approximately
3 weeks prior to the
inspection, requesting a used tire storage notification form.
He stated he wanted to registerwith the
Illinois EPA as a used tire storage site and store tires in the building on site until all the tires could be
removed.
I arrived at 11:40
a.m.
No one was on site.
A pile of about 150 used truck tires, offthe rim, were
stacked near the front entrance (see photo #001).
The area south ofthe
storage building still contained
offthe rim truck and off-the-road (OTR) used tires (see photo #002 and#003).
Photo #004
shows
water that hadaccumulated in one of the tires.
Two trailer beds were still on site (see photo #005).
The area west of the storage building still containedused tires scattered about and other waste.
A
trailer made from the bed ofa pick up truck was observed (see photo #006).
The
sides were made of
used mattresses and the bed containedbags ofhousehold refuse (see photo #007).
Smallpiles of used
offthe rim tires were scattered throughout the
site such as those shown in photo #008,photo #010 and
photo #011.
The area is just north of a wetland near Spring Creek.
The racetrack located west of the storage building no longer contained tires, except for three truck and
tractor used tires offof the rim (see photo #009).
I was
unable to enterthe storage building to see if
there were any tires in there.
I am estimated
300 used tires are still on
site outside.
I departed at 12:00
p.m.
Itelephoned Mr. Luparell on March 13, 2004 and asked ifthere were any tires left in the building.
He
said a few.
He saidTire Shredders had removed about 150 used truck tires on April
10, 2004 and
would be returning on April 17, 2004 to get the remaining pile of used truck tires. I asked about the
pickup bed filled with garbage bags.
He said Mr. Curley had moved the waste from a smaller trailer
and he had planned on taking it
to the landfill soon.
I told
Mr. Luparell to send in copies of any
receipts he had for disposal of tires and other waste.
cc:
DLPCIFOS
—
Springfield Region
SCDPH
—
Allen Alexander
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE
SKETCH
Date
Site
of Inspection:
Code:
4/12/04
LPC#1678220029
Inspector:
County:
Jan Mier
Sangamon
Site:
.
Springfield/Lupw~.II
Time:
11:40 a.m.
—
12:00
p.ni.
NORTH
Measurements Approximate
Directionof Photo
—~
Not to Scale
..-~L)
.~r-
oJ5~
(j~
4’)
‘c;~
4
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1~7822OO29
—
Sangamon County
SpringfieldfLuparell
FOS File
Date: 4/12/04
Time:
11:41 a.m.
Direction: W
Photo by:
Jan
Mier
Photo File Name:
1678220029—04122004-001
Comments:
Entrance to site with truck used
tires
offrim and
OTR used tires
Date:
4/12/04
Time:
11:43 a.m.
Direction:
S
Photo by:
JanMier
Photo File Name:
1678220029-04122004-002
Comments:
Truck, tractor
and OTR
used
tires
off
rim
S
.
-
illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1 678220029
—
Sangamon County
SpnngfieldfLupareil
FOS
File
.
Date: 4/12/04
Time:
11:43 a.m.
Direction: SW
Photo by:
Jan
Mier
Photo File Name:
1678220029-04122004-003
Comments:
Truck,
tractor
and OTR
used tires
offrim
Date: 4/12/04
Time:
11:43 a.m.
Direction: W
Photo by:
Jan
Mier
Photo File Name:
1678220029-04122004-004
Comments:
Used
tire containing water
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1678220029
—
Sangamon County
SpringlieldlLuparell
FOS
File
Date: 4112/04
Time:
11:44
a.m.
Direction: W
Photo
by: Jan Mier
Photo File Name:
1678220029-04122004-005
Comments:
Tractor
trailer
beds
Date: 4/12/04
Time:
11:44 a.m.
Direction: NW
Photo by:
Jan
Mier
Photo File Name:
1678220029-04122004-006
Comments:
Used
cartires,
reffise, and trailer
filled with household garbage bags
illinois
Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1678220029
—
Sangamon
County
SpringlieldfLuparell
FOS
File
Date: 4/12/04
Time:
11:45 a.m.
Direction:
S
Photo by:
Jan
Mier
Photo File Name:
1678220029-04122004-007
Comments:
Trailer contents
Date:
411
2/04
Time:
11:46 a.m.
Direction: SW
Photo by:
Jan
Mier
Photo File Name:
1678220029—04122004-008
Comments:
Used tires offthe
rim
with
wetlands
in
background
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #1
678220029
—
Sangamon
County
Springfield/Luparell
FOS
File
Date:
4/12/04
Time:
11:47 a.m.
Direction: W
Photo by:
Jan
Mier
Photo File Name:
1678220029-04122004-009
Comments:
Three offthe
rim
used tires on
racetrack
Date: 4/12/04
Time:
11:48 a.m.
Direction: E
Photo by: Jan Mier
Photo File Name:
1678220029-04122004-010
Comments:
Used
OTR and car
tires offthe
rim
Illinois Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC #1678220029
—
Sangamon
County
Springl’ieldfLuparell
FOS File
Date: 4/12/04
Time:
11:49 a.m.
Direction:
S
Photo
by:
Jan
Mier
Photo
File Name:
1678220029-04122004-011
Comments:
Used
OTR
and
truck
tires offthe
rim
1678220029-04122004.doc
PROOF OF SERVICE
I hereby certify’ that I did on the 25th day ofMay 2004, send by Certified Mail, Return Receipt
Requested, with postage thereon fullyprepaid, by depositing in a United States PostOffice
Box
a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Joseph Luparell
Troy Curley
999 Clear Lake Road
816 McCleary Avenue
Dawson, IL
62560
Springfield,
IL
62703
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 fully prepaid
To:
Dorothy Gunn, Clerk
Pollution
Control
Board
-
James R. Thompson Center
100West 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
