~ECEMVED

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

CLERK’S OFFICE

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box 19276,

SPRINGFIELD,

ILLINOIS

62794-9276,

21

7-7a1UN9~

4

.2004

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601,

3l2~~1fA~~6OF

ILLINOIS

ROD

R.

BLAGOJEVTCH, GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

Pollution Control Board

(217)

782-9817

TDD: (217) 782-9143

June 2, 2004

0

The Honorable Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Re:

Illinois Environmental Protection Agency v. John Brown dlb/a John Brown Painting

IEPA File No. 270-04-AC;

1270155057—Massac County

Dear Clerk Gunn:

Enclosed for filing with the Illinois Pollution Control Board, please find the original

and nine

true and correct copies ofthe Administrative Citation Package, consisting ofthe Administrative

Citation, the inspector’s Affidavit, and the inspector’s Illinois Environmental Protection Agency

Open Dump Inspection Checklist, issued to the above-referenced respondent(s).

On this

date, a copyofthe Administrative Citation Package was sent by messenger mail

to an

inspector from the Marion Regional Office to

be delivered to Respondent via hand delivery.

As

soon as I receive the affidavit ofservice, I will promptly file a copy with you, so that the Illinois

Pollution Control Board may calculate the thirty-five

(35)

day appeal period forpurposes of

entering a default judgment in the event the Respondent(s) fails or elects not to file a petition for

review contesting the Administrative Citation.

Ifyou have any questions or concerns, please do not hesitate to contact me at the number above.

Thank

you for your cooperation.

Sincerely,

Michelle M. Ryan

Assistant Counsel

Enclosures

ROCKFORD

—4302

North Main Street,

Rockford,

IL 61103 —(815) 987-7760

•

DES

PLAINES

—9511

W. Harrison

St.,

Des Plaines, IL 60016— (847) 294-4000

ELGIN

—

595

South State, Elgin,

IL 60123 —(847) 608-3131

•

PEORIA

—5415

N. University

St.,

Peoria,

IL 61614— (309) 693-5463

BUREAU

OF

LAND

-

PEoRIA

—7620 N. University

St.,

Peoria,

IL 61614—

(309) 693-5462

•

CHAMPAIGN

—2125 South

First Street, Champaign,

IL 61820— (217) 278-5800

SPRINGFIELD

—4500 S. Sixth Street Rd., Springfield,

IL 62706

—

(217)

786-6892

•

COLLINSVILLE

—2009 MalI Street, CoIIinsviIIe,

IL 62234

—

(618) 346-5120

MARION

—

2309 W. Main

St.,

Suite 116, Marion,

IL 62959

—

(618) 993-7200

PRINTED ON

RECYCLED

PAPER

---

BEFORE THE ILLINOIS

POLLUTION CONTROLBOARD

ADMINISTRATIVE CITATION

JUN

042004

STATE OF IWNO,s

ThL1NOIS ENVffi.ONMENTAL

)

POlI~t,o~

Control ~oard

PROTECTION AGENCY,

)

Complainant,

)

AC

0~

)

v.

)

(IEPA No. 270-04-AC)

)

JOHN BROWN dlb/a JOHNBROWN

)

PAINTING,

)

)

Respondent.

NOTICE OFFILING

To:

John Brown

955

Country Club Road

Metropolis, Illinois

62960

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 ADMINTSTRATIVE

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:

June 2, 2004

THIS FILING

SUBMITEED ONRECYCLED

PAPER

---

RECENVED

BEFORE THE

ILLINOIS

POLLUTION CONTROL BOARD

CLERK’S OFFICE

ADMINISTRATIVE CITATION

.

JUN

04

,2OOt~

STATE OF ILLlMOJ~

Pollution ControlBoard

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

AC

~

v.

)

(IEPA

No.270-04 -AC)

JOHN BROWN

dlbla

JOHN BROWN

)

PAINTING,

)

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 John

Brown

(“Respondent”) is the present owner of a facility located at 955

Country Club Road just north

of Metropolis, Massac

County,

Illinois.

The property is commonly

known to

the Illinois

Environmental Protection Agency as Metropolis/John Brown

Painting.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and is designated with Site Code No.

1270155057.

3.

That Respondent has owned said facility at all times pertinent hereto.

4.

That on April 7, 2004, KentJohnson of the Illinois Environmental Protection Agency’s

Marion

Regional

Office

inspected

the above-described facility.

A

copy of

his

inspection

report

setting forth the results of said inspection is attached’herto~and~madeaparthereoL

---

VIOLATIONS

Based upon direct observations made by Kent Johnson during-the-courseof his April-7, 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

2l(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

deposition

of

general

construction

or

demolition

debris

or

clean

construction ordemolition debris, a violation of Section 21 (p)(7) of the Act,415 ILCS

5/21 (p)(7) (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 Three Thousand Dollars ($3,000.00).

If Respondentelects

notto 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.

If Respondentelects to contestthis 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,

Respondent shall be assessed the associated hearing. costsincurred by the-Illinois Environmental

2

---

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 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 proper documentation of payment.

Ifany civil penalty and/or hearing costs are not paid within the time prescribed by-orderofthe

Illinois

Pollution

Control

Board,

interest on

said

penalty and/or

hearing

costs

shall be

assessed

against the Respondent from the date payment is dueupto-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 penaltyand/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 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. Box19276, 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.

R~,j_gQ_

~

Date:

~IZ~O4

Renee Cipriano,

Director

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. 270-04-AC)

)

JOHN BROWN d/b/a JOHN BROWN

)

PAINTING,

)

)

Respondent.

)

FACILITY:

Metropolis/John Brown

Painting

SITE CODE

NO.:

1270155057

COUNTY:

Massac

CIVIL PENALTY:

$3,000.00

DATE OF INSPECTION:

April 7,

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

---

BEFORE

THE ILLINOIS POLLUTION

CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

)

Complainant,

)

)

)

IEPA DOCKET NO.

v.

)

JOHN BROWN

)

)

)

Respondent.

)

AFFIDAVIT

Affiant, Kent Johnson, 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

Illinois

Environmental Protection Agency and has been so employed at all times pertinent hereto.

2.

On April 7, 2004, between 3:20

P.M. and 3:27 P.M., Affiant conducted an inspection of a disposal

site operated without an Agency permit,

located

in

Massac County,

Illinois,

and known as the John Brown

Painting

site

by the

Illinois

Environmental

Protection

Agency.

Said

site

has

assigned

site code number

1270155057.

3.

Affiant inspected said John Brown Painting site by an on-site inspection which included walking and

photographing the

site.

4.

As a resultofthe material actions referred to in Paragraph 3 above, Affiant completed the Inspection

Report form attachedhereto and made a part hereof, which, to the best ofAffiant’s knowledge and belief, is an

accurate representation of Affiant’s

observations

and

factual conclusions with

respect

to

said John

Brown

Painting

site.

Subscribed and Sworn to before me

this/~~cIa~çof’1fld~’

,2004.

I

Notary Public

r~~r~ri

~

RONA~jj

E

MORSE

~

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Open Dump Inspection Checklist

County:

Massac

LPC#:

1270155057

Region:

7

-

Marion

Location/Site Name:

Metropolis/John Brown

Painting

Date:

04/07/2004

Time:

From

3:20 PM

To

3:27

PM

Previous Inspection Date:

10/23/2003

Inspector(s):

K.

Johnson

Weather:

Partly cloudy,

mild, dry soil

No. of Photos Taken:

#

3

Est. Amt. of Waste:

25

yds3

Samples Taken:

Yes #

No

~

Interviewed:

Kim Brown

Complaint #:

C-04-045-M

John

Brown Painting

Responsible Party

955 Country Club Road

Mailing Address(es)

and Phone

Metropolis, IL 62960

Number(s):

618/524-1026

SECTION

DESCRIPTION

VIOL

ILLINOIS ENVIRONMENTAL

PROTECTION ACT REQUIREMENTS

1.

9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS

D

2.

9(c)

CAUSE OR ALLOW OPEN BURNING

3.

12(a)

CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS

E

4.

12(d)

5.

21(a)

CAUSE OR ALLOW OPEN

6.

21(d)

OPERATION:

(1)

Withouta Permit

(2)

In Violation

of Any Regulations or Standards Adopted by the Board

7.

21(e)

DISPOSE, TREAT,

WASTE INTO THE STATE AT!TO SITES NOT MEETING

8.

2l(p)

IN ANY OF THE FOLLOWING OCCURRENCES AT THE

DUMP SITE:

(1)

Litter

(2)

Scavenging

(3)

Open Burning

D

(4)

Deposition_of Waste

in

Standing or Flowing Waters

D

(5)

Proliferation

of Disease Vectors

LI

(6)

Standing or Flowing

Liquid Discharge from

the Dump Site

LI

Revised 06/18/2001

(Open Dump

-

1)

---

LPC#

1270155057

(7)

Deposition of General Construction or Demolition

Debris; or Clean Construction or

Z

Demnlition DP.hrk

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 or Waste Tire

0

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

LI

12.

808.121

SPECIAL WASTE DETERMINATION

LI

13.

809.302(a)

ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A

WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM

REGISTRATION AND

PERMITAND/OR MANIFEST

.

OTHER REQUIREMENTS

14.

APPARENT VIOLATION OF:

(LI)

PCB;

(U)

CIRCUIT COURT

CASE_NUMBER:

ORDER ENTERED_ON:

0

15.

OTHER:

LI

LI

LI

LI

LI

LI

Informational Notes

1.

Illinois

Environmental Protection Act: 415

ILCS 5/4.

2.

Illinois Pollution

Control Board: 35

III. 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:

04/07/2004

~1gnatureof Inspector(s)

Revised 06/18/2001

(Open Dump

-

2)

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Bureau of Land

LPC #

1270155057

—

Massac

County

Metropolis/John Brown Painting

Inspector K. Johnson

April

7,

2004

Open Dump Inspection Report Narrative

This unpermitted site was inspected on April

7, 2004 by this author representing the Agency.

The investigation was conducted as a follow-up

inspection to an October 23, 2003

inspection

that revealed the open dumping and open burning ofdemolition debris

and other solid waste.

The inspection took place from approximately 3:20 to

3:27 P.M., and three photos were taken

during that time

Photos

001-003

.

Weather at the time ofthe inspection was partly cloudy and

mild with dry soil.

Ms. Kim Brown was interviewed at the time ofthe inspection.

Trooper John

Hunt ofthe Illinois

State Police accompanied me to the site for securitypurposes.

No samples

were taken on this date.

General Remarks

This facility is located at

955

Country Club Road just north ofMetropolis, IL (62960).

The

property is apparently owned and operated by John Brown, who lives at and receives mail at the

above address.

Mr. Brown’s phone number is 618/524-1026, his FAX number is 618/524-7973,

and his cell phone

number is 270/366-2083.

This location serves as both Mr. Brown’s residence

and a home base for his business, painting water towers.

On this date, a real estate sign was

present in the front yard, and Ms. Brown said that they were selling their property due to

problems with neighbors.

Inspection Findings

Trooper Hunt escorted me to the site, and we pulled into the driveway.

Shortly thereafter, a

woman emerged from the house and asked if she could help us.

I identified myself as well as the

nature ofthe inspection.

She later identified herself as Kim Brown, also indicating that she was

not aware ofany letters from the Illinois EPA.

I explained that the Agency’s certified letter was

unclaimed, but did not return when it was re-sent via first class mail.

Ms. Brown surmised that

her son may have done something with it, thinking it was bad news from school, orher husband

may have kept it and not said anything about it.

Regardless, Ms. Brown indicated during this

inspection that she would take care ofthe clean-up herself.

After we discussed the letter and the background of the case, I advised Ms.

Brown that I would

like to go back and take a look at the debris pile.

She agreed, and accompanied me to the back of

the property while Trooper Hunt waited at the driveway.

I advised Ms.

Brown that additional

information had been received to

indicate that new waste had been brought to the site.

She

pointed out that the pile was unchanged; the pile did appear to be

in largely the same condition as

Page

1

---

LPC # 1270155057

—

Metropolis/John Brown Painting

April

7,

2004 open dump inspection report

the previous inspection in October 2003

Photos

001-003

.

The pile was approximately 20’

in

diameter, containing an estimated 25 cubic yards ofwaste.

Ms.

Brown said that the ground had

been too wet to allow for clean-up, but that she would personally take care oforganizing the

clean-up.

I finished making site observations, answered Ms. Brown’s questions with regard to

the logistics ofcompleting the clean-up,

and left the site shortly thereafter.

Trooper Hunt left the

site at the same time.

Summary of Inspection Findings

On this

date, the pile

did not appearto have been burned recently, and there did not appear to be

new waste added to the pile.

Since no evidence of open burning was noted, the violations

relating to open burning will be

considered technically resolved as of the date ofthis inspection.

For reference, those alleged violations resolved are Sections 9(a),

9(c), and

21 (p)(3) ofthe

Illinoisj

Environmental Protection Act (the Act).

It is noted that soil conditions were dry on this

date, and the previous inspection was conducted nearly six months prior to this date.

In addition,

there has been no documentation provided to indicate the proper disposal ofeither the demolition

debris

or the blasting media noted

during the previous inspection.

Therefore,

the open dumping

violations and permit violations will remain outstanding at this time.

Violations of Sections 21(a),

21 (1)(l), and 21 (p)(7) are being cited because waste, specifically

demolition debris and blasting media, has been open dumped at this site, resulting in litter.

Violations ofSections 21 (d)(1) and 812.101(a)

are being cited because waste has been brought to

this site, in spite ofthe fact that this facility is not a permitted waste-storage or waste-disposal

facility.

Further,

no

application for a permit

has apparently been submitted for this facility.

Violations ofSections 21 (d)(2) and 21(e) are being cited because violations ofthe Act and 35 Ill.

Adm. Code were observed at the time ofthis inspection.

Page 2

---

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

SITE SKETCH

Inspection

Date:

A~~I

~,

2oC4

Inspector:

K ~

LPC #:

I~.1

otG

County:

/Y14

s~s~

Site Name:flropo(b/~~

~

NORTh!

•

Site sketch is not

to scale.

—

—

-

—

---

LPC

#

1270155057

—

Massac County

Metropolis/John Brown Painting

DIGiTAL PHOTOGRAPH PHOTOCOPIES

DATE:

4/7/04

liME:

3:22 PM

DIRECTION: Northwest

PHOTO by: K. Johnson

PHOTO

FILE

NAME:

1270155057-04072004-001

COMMENTS:

DATE:

4/7/04

TIME: 3:22PM

DIRECTION: North-

northwest

PHOTO by: K. Johnson

PHOTO

FILE

NAME:

1270155057-04072004-002

COMMENTS:

---

LPC # 1270155057

—

Massac County

Metropolis/John Brown Painting

DATE:

4/7/04

TIME:

3:23 PM

DIRECTION: North-

northwest

PHOTO by: K.

Johnson

PHOTO

FILE

NAME:

1270155057-04072004-003

COMMENTS:

---

PROOF OF SERVICE

I hereby certif~i

that I did on the 2~day ofJune, 2004 send by messenger mail to

the Marion

Regional Office ofthe Illinois EPA, a true and correct copy ofthe following instrument(s) entitled

ADMiNISTRATIVE CITATION, AFFIDAVIT, and OPEN DUMP iNSPECTION CHECKLIST for

hand delivery

To:

John Brown

955

Country Club Road

Metropolis, Illinois

62960

and the original and nine (9) true and correct copies ofthe sameforegoing instruments on the same

date by Certified Mail 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

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O.

Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Special Assistant Attorney General

THIS

FILING SUBMITTED ON RECYCLED PAPER