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STATE OF
Jjf’~o~g
Po~j.~
~Ontrc~Soa~
INFORMATIONAL NOTICE!!!
IT
IS
IMPORTANT THAT YOU
READ THE ENCLOSED DOCUMENTS.
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.
NOTE:
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
ADMINISTRATIVE CITATION
U
~
ILLINOISENVIRONMENTAL
)
PROTECTION AGENCY,
)
PCi~u~c~
~
&~i~
Complainant,
)
AC
)
v.
)
(IEPA No.
353-04-AC)
)
ROY BRUCE,
)
)
Respondent.
)
NOTICE OF FILING
To:
Roy Bruce
18456 E. Hawk Road
Mt. Vernon,
IL 62864
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,
~
Michelle 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:
August 4, 2004
THIS
FILING
SUBMIYFED ON RECYCLED PAPER
r~
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
C~j:~-~’8
OFF
~
ADMINISTRATIVE CITATION
U
~
P
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA No. 353-04-AC)
ROY
BRUCE,
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 Roy Bruce (“RespondenV’) is the present operator of a facility located-at 312-404
Fifth Street, at the intersection of Arendale Avenue, Bluford, Jefferson
County, Illinois. The property
is commonly known to the Illinois Environmental Protection Agency as
Bluford/Bruce,
Roy.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with
Site Code No. 0810105005.
3.
That Respondent has owned and operated said facility at all times-pertinent hereto.
4.
That
on
June
21, 2004,
Doug
Hayward
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
hereto and made a part hereof.
VIOLATIONS
Based upon direct observations made by Doug Hayward during
the course of his June 21,
2004 inspection
of
the above-named
facility, the
Illinois
Environmental
Protection
Agency
has
determined that Respondenthas violated the Illinois Environmental Protection Act (hereinafter, the
“Act”) as follows:
(1)
That
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
litter,
a
violation
of Section
21(p)(1)
of the Act,
415
ILCS 5/21(p)(1)
(2002).
(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).
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 Respondent elects
not to
petition the Illinois Pollution
Control Board, the statutory civil penalty specified above shall be
due and
payable no
later than August 31, 2002, unless otherwise provided
by order of the Illinois
Pollution
Control Board.
IfRespondent elects 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 costs incurred bythe 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 Respondent fails
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 thetime prescribed byorder of the
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 of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
A copy of said
Petition for Review shall be filed with
the Illinois
Environmental Protection
Agency’s Division of Legal Counsel at 1021
North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section 31.1
of the Act provides that any Petition for Review shall be filed within
thirty-five
(35)
days
of the date
of
service
of this Administrative Citation or the
Illinois
Pollution
Control Board
shall enter a default judgment against the Respondent.
~
Date:
______
Renee Cipriano,
Director ..4~
~
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
S
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA No. 353-04-AC)
)
ROY BRUCE,
)
)
Respondent.
)
FACILITY:
Bluford/Bruce,
Roy
SITE CODE NO.:
0810105005
COUNTY:
Jefferson
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
June
21, 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
TI-IE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
)
)
Complainant,
)
)
)
IEPA DOCKET NO.
v.
-
)
)
Roy Bruce
)
)
Respondent.
)
AFFIDAVIT
Affiant, Douglas E. 1-Jayward, being first duly sworn, voluntarily deposes and states as follows:
I.
Affiant is a field inspector employed by the Land Pollution Control Division ofthe
Illinois Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On June21, 2004, between 9:20 a.m. and 9:30 a.m., Affiant conducted an inspection
of a disposal
site operated by without a permit,
located in Jefferson County, Illinois, and known
as Bluford/Bruce, Roy by the Illinois Environmental Protection Agency.
Said
site has been
assigned site code number 081
010 5005 by the Agency.
3.
Affiant inspected said
open dump site by an on-site inspection which included walking
and photographing the site.
-
4.
As a result ofthe material actions 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 ofAffiant’s observations
and factual
conclusions with respect to ~aid site inspection.
~
Subscribed and
Sworn to befor
me
this
/~
day of_____________
c~?o~/
Notary Public
V
~
~
OFFIC~AL~
~
RONAL.DEMORSE
3~
DEH:ls/1 8151/07-07-04
~
NOTA~V
~U~UC.
$TAT~
OF N.UNQI$
~
COM~~
~PIfll$iO~21~V6 ~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Jefferson
LPC#:
Region:
7
-
Marion
Site
Name:
Bruce,
Roy
Date:
June 21, 2004
Time:
From
9:20
To
9:30
Previous Inspection Date:
12/4/03
Inspector(s):
Doug
Hayward
Weather:
Sunny, hot
No. of Photos Taken:
#
14
Est.
Amt.
of Waste:
500
yds3
Samples Taken:
Yes #
No
~
Interviewed:
none present
Complaint #:
03-067
Responsible
Party
Mailing Address(es)
and Phone
Number(s):
Revised
09/22/2000
0810105005
Roy Bruce
18456 E. Hawk Rd.
Mt. Vernon, 1L62864
2~O~
SECTION
DESCRIPTION
VIOL
-
ILLINOIS ENVIRONMENTAL
PROTECTION ACT REQUIREMENTS
1
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
-
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
LII
4.
12(d)
CREATE AWATER POLLUTION HAZARD
L
5.
21(a)
CAUSEORALLOWOPENDUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
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
WASTE INTO THE
STATE AT/TO SITES NOT MEETING REQUIREMENTS
OF ACT
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE IN A
MANNERWHICH
RESULTS
IN ANY
OF THE FOLLOWiNG OCCURRENCES AT THE
DUMP
SIFE:
(1)
Litter
(2)
Scavenging
El
(3)
Open
Burning
(4)
Deposition_of Waste_in_Standing_or_Flowing_Waters
I
(5)
Proliferation of Disease Vectors
II
(6)
Standing
or
Flowing Liquid
Discharge
from the Dump
Site
~J
(7)
Deposition of General Construction or Demolition Debris; or Clean
Construction
or
Demolition Debris
LI
0810105005—20040621-Bruce
Cbklstdoc
(OpenDump- 1)
9.
55(a)
NO PERSON SHALL:
(1)
Cause or
Allow
Open
Dumping of Any Used or Waste
lire
Z
(2)
Cause orAllow Open
Burning of Any Used or
Waste
Tire
El
-
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE.-G_.I__r-’~
.._-.
~.
.
.
.
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
El
12.
808.121
SPECIAL WASTE DETERMINATION
El
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WiTHOUT
AWASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
PERMIT ANDIOR MANIFEST
-
.
LI
~
.
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(
)
PCB;
(
)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
El
15.
.
El
.
El
-
El
El
El
El
-
~ign~re
of Inspector(s)
Informational
Notes
1.
Illinois
Environmental Protection Act: 415
ILCS
514.
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 construedas
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 ofthis inspection.
Revised
09/22/2000
(OpenDump -2)
3810105005—20040621-&uce chldsLdoc
,~.
~
~p ~
6
Inspection Narrative
Inspection Date.
June 21,
2004
Time of Inspection:
9:20
-
9:30
Site #:
0810105005
Site Name:
Bruce, Roy
County:
Jefferson
Inspector(s):
Doug Hayward
On June 21, 2004,
Doug Hayward (author) conducted an inspection at this facility. This
inspection was conducted in accordance with Sections 4(c) and 4(d) ofthe Illinois
Environmental Protection Act: 415
ILCS
5/4(c) &
4(d).
The purpose ofthis inspection
was to determine compliance with the Illinois Environmental Protection Act and
35
Ill.
Adm. Code,
Subtitle
G:
Waste Disposal Rules and Regulations ofthe Illinois Pollution
Control Board.
The owner ofthis property, Roy Bruce, was originally contacted August 19, 2003.
At
that time he
statedthat he was no longer operating
at the site and was in the process of
cleaning it up.
The Agency advised that he remove all waste tires immediately to prevent
mosquito breeding and he agreed.
The presence of vehicles on the property was referred
to the Office ofthe Secretary of State.
The site was inspected again on December 4, 2003.
At this time, over
100 waste tires
were observed in various locations on the property.
In addition,
a variety ofsolid waste
was observed.
This included, but was not limited to, waste tires, abandoned vehicles,
vehicle gas tanks,
mower decks, axles, lawn equipment
and other miscellaneous metals.
As a result ofthis inspection a Violation Notice (1-2003-01464) was issued on December
16, 2003.
This notice was received by Mr. Bruce on December 17, 2003.
Mr. Bruce
submitted a response to the violation notice which was received by the Agency on
February 6, 2004.
This notice included receipts indicating the Mr. Bruce had received
income from scrapping some
materials at the site.
However, it
did not include any
receipts indicating that Mr. Bruce had subsequently disposed ofany ofthe waste at the
site.
This response was not sufficient as a Compliance Commitment Agreement (“CCA”)
because it did not contain any specific dates for clean up objectives
and completion ofall
clean up.
A CCA rejection letter was sent to Mr. Bruce on March 2, 2004.
On June 21, 2004, I re-inspected the site.
I observed that the majority oftires were no
longer present at the
site.
Though the tires are no longerpresent, the Agency has not
received any kind ofrecord indicating that the tires havebeen disposed ofproperly.
There were several tires observed lying in and amongst the weeds and grass on the north
portion ofthe property (photos
9,
12 &
13).
I also observed evidence ofcontinued open burning atthe site (photo
5 &
8).
There were
also
a variety ofmetals
and vehicles abandoned on the property as evidenced by their
locationin weeds, overgrowth and brush (photos 7,
10,
11,
13 &
14).
SITE SKETCH
-
-
-
Inspection Date:
SiteNumber:
SiteName:
Nfl
0
June 21, 2004
0810105005
Bluford/Bruce, Roy
Doug Hayward
9:20
—
9:30
Not to
Scale
LI__
Inspector:
Inspection Time:
‘I
LI1’
1
~-
IC
~
11.
LI
A
,~
a
0810105005
—
Jefferson County
DIGITAL PHOTOGRAPH PHOTOCOPIES
Bluford/Bruce,
Roy
FOS File
DATE:
June 21, 2004
TItvlE: 9:20—9:30
DIRECTION:
NE
PHOTO by:
Doug Hayward
PHOTO FILE NAME:
0810105005—062 12004-001
DATE:
June 21, 2004
TIME: 9:20
—
9:30
DIRECTION:
NE
PHOTO by:
Doug Hayward
PHOTO FILE NAME:
08 10105005—062 12004-002
-
~i~1
____
-s
-
-
—
—‘
—-‘.
—
—
—.
—.—-
—
——
—
—
—
—
—
—
—
—
—
—
—
1—
—
—
C
—
—
—
a
—
*
~.
...
—
~.,
—
4.
—
—
—
-
,.-~
.-
‘c~_.
—.-
0810105005
—
Jefferson County
Bluford/Bruce, Roy
FOS File
DATE: June 21, 2004
TIME:
9:20
—
9:30
DIRECTION:
N
PHOTO by:
Doug
Hayward
PHOTO FILE NAME:
0810105005—062 12004-003
DATE:
June
21, 2004
TIME:
9:20—9:30
DIRECTION:
N
PHOTO by:
Doug
Hayward
PHOTO
FILE
NAME:
0810
105005—062
12004-004
DIGITAL PHOTOGRAPH PHOTOCOPIES
.‘.—
~—~‘
~
—.
~
..I.
JL~i
-~
~
P,,
-
—
-~
—
~
—
—
~——
—
—
—
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~
—
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-~
-‘.-
—
—
—
—S—
—
—
-~
—
7
—~
~
—
-
-
— -.
—
14
I
0810105005
-
Jefferson County
DIGITAL PHOTOGRAPH PHOTOCOPIES
Bluford/Bruce, Roy
FOS File
DATE:
June 21, 2004
TIME: 9:20
—
9:30
DIRECTION:
NE
PHOTO by:
Doug Hayward
PHOTO FILE NAME:
0810105005-06212004-005
DATE:
June21, 2004
TIME:
9:20—9:30
DIRECTION: W
PHOTO by:
Doug Hayward
PHOTO FILE NAME:
0810 105005’—06212004-006
0810105005
—
Jefferson County
Bluford/Bruce,
Roy
FOS File
DATE:
June21,
2004
TIME:
9:20
—
9:30
DIRECTION:
NW
PHOTO by:
Doug
Hayward
PHOTO
FILE NAME:
-
0810105005—062 12004-007
DATE:
June 21, 2004
liME:
9:20
—
9:30
DIRECTION:
E
PHOTO by:
Doug Hayward
PHOTO
FILE
NAME:
08 101050O5~-062
12004-008
DIGITAL PHOTOGRAPH PHOTOCOPIES
0810105005
—
Jefferson County
DIGITAL PHOTO~~~p~
PHOTOCOPIES
Bluford/Bruce
Roy
FOS File
DATE: June 21. 2004
TIME:
9:20
—
9:30
DIRECTJQN
S
PHOTO by:
Doug
Hayward
PHOTO
FILE NAME:
O810105005-06212004J309
DATE:
June 21, 2004
TIME:
9:20
—
9:30
DIRECTION:
NNW
PHOTO by:
Doug
Hayward
PHOTO FILE
NAME:
0810105005...06212004-010
0810105005
—
Jefferson County
DIGITAL PHOTOGRAPH PHOTOCOPIES
Bluford/Bruce, Roy
FOS File
DATE:
June
21, 2004
TIME:
9:20—9:30
DIRECTION:
W
PHOTO by:
Doug Hayward
PHOTO
FILE NAME:
0810105005—06212004-01 1
DATE: June21, 2004
TIME: 9:20—9:30
DIRECTION: N
PHOTO by:
Doug Hayward
PHOTO
FILE
NAME:
0810105005—06212004-012
0810105005
—
Jefferson County
DIGITAL PHOTOGRAPH PHOTOCOPIES
Bluford/Bruce, Roy
FOS File
DATE:
June
21, 2004
TIME:
9:20—9:30
DIRECTION: NW
PHOTO by:
Doug Hayward
PHOTO FILE NAME:
0810 105005—062 12004-0 13
DATE:
June
21, 2004
TIME:
9:20
—
9:30
DIRECTION: N
PHOTO by:
Doug Hayward
PHOTO FILE NAME:
-
0810105005-06212004-014
PROOF
OF SERVICE
Iherebycertify that I did on the 4th dayofAugust 2004, sendby Certified Mail,
Return
Receipt
Requested, with postagethereon fullyprepaid, by depositing in a United States Post OfficeBox a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Roy Bruce
18456
B. Hawk Road
Mt. Vernon, IL
62864
and the original
and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Guim, Clerk
Pollution Control Board
-
James R. Thompson Center
100 West Randolph
Street,
Suite
11-500
Chicago, Illinois 60601
Michelle 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
THIS
FILING
SUBMITTED ON RECYCLED
PAPER
