IRECEIVED
ILLINOIS
ENVIRONMENTAL
PROTECTION AGEN~KSOI~~~
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276, ~
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601,
$~11E-~~lLLINOIS
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRANO,
DREc!~9~IUt1Ofl
Control
Board
(217) 782-9817
TDD: (217) 782-9143
August 11, 2004
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. Richard Groff
IEPA File No.360-04-AC; 0570250002—Fulton 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 of the 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 copy ofthe Administrative CitationPackage was sent to the Respondent(s) via
Certified Mail.
As soon as I receive the return receipt, Twill promptly file a copy with you,
so
that the Illinois Pollution Control Board may calculate the thirty-five
(35)
day appeal period for
purposes ofentering a default judgment in the event the Respondent(s) fails or elects not to file a
petition forreview contesting the Administrative Citation.
If you have any questions orconcerns, 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
•
Dts
PLAINES
—9511 W.
Harrison
St.,
Des Planes, IL 60016
—(847) 294-4000
ELGIN
—595
South State,
Elgin,
IL 60123 —(847) 608-3131
•
PEORIA
—5415 N. University
St.,
Peoria,
IL
6161~
—(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
MaIl Street,
Collinsville,
IL 62234
—(618) 346-51 20
MARION
—
2309 W. Main
St.,
Suite
116, Marion, IL 62959 —(618) 993-7200
PRINTED ON
RECYCI.ED
PAPER
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
I
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 Adr1~inistrative
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 ControlS
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 Erwironrnenta
Protection
Agency at V
:.~
above
arid
Should be. marked to the
ATTEN1.
-
~OF LEGAL. COUNSEL
RECE~V~
CLERK’S OFFICE
AUG 23
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOAP~+ATEOF ILLINOtS
ADMINISTRATIVE CITATION
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
C-”
)
v.
)
(IEPA No. 360-04-AC)
)
RICHARD GROFF,
)
)
Respondent.
)
NOTICE OF FILING
To:
Richard Groff
-
23493
Sebree Road
Canton, Illinois
61520
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State ofIllinois the following instrument(s) entitled ADMINISTRATiVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
MhIIMR
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
11, 2004
THIS FILING SUBMITFED ONRECYCLED PAPER
RECEp~E~
CLERK’S OFFICE
AUG 23
2004
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD STATE OF ILLINOIS
Pollution
Control Board
ADMINISTRATIVE CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
—/‘
Complainant,
)
AC
C)
v.
)
(IEPA No.
360-04-AC)
)
RICHARD GROFF,
)
)
)
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 Richard Groff(“Respondent’) is the present owner of a facility located at 23493
Sebree
Road,
Canton,
Fulton
County,
Illinois.
The property
is commonly known
to
the
Illinois
Environmental
Protection Agency as Groff PrOperty.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with
Site Code No.
0570250002.
3.
That Respondent has owned and operated said facflity-at all-times pertinent hereto.
4.
That on July
19, 2004,
R.
Eugene
Figge
of the
Illinois
Environmental
Protection
Agency’s Peoria
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 R. Eugene Figge during the course of his July 19,
2004
inspection
of
the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined
that Respondent has violated t~e
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).
(3)
That Respondent caused or allowed the open dumping of waste in
a manner that
resulted in the proliferation of disease vectors, a violation of Section 21(p)(5) of the
Act, 415 ILCS 5/21(p)(5) (2002).
(4)
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 theAct, 415 ILCS
5/21
(p)(7) (2002).
2
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 Six Thousand
Dollars ($6,000.00).
If Respondent elects not
to petition the Illinois Pollution Control Board, the statutory civil penalty specified aboveshalibe due
and
payable no
later than
September 30, 2004,
unless otherwise
provided by order of the
Illinois
Pollution Control
Board.
IfRespondent elects to contestthis Administrative Citation by petitioningthe 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,
Respondentshall be assessed the associated hearir~g
costsincu~rredbytheillinois 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.
Pursuantto Section 31.1(d)(1) of the Act, 415 ILCS 5/31.1(d)(1) (2002), if Respondentfails
to petition orelects notto
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, lO2lNorth Grand Avenue East,
P.O.. Box 19276,
Springfield,
Illinois
62794-9276.
Along
with
payment, Respondent shall complete and
return the enclosed
Remittance Form tc~ensure proper documentation of payment.
3
Ifany civil penaltyand/or hearing costs are not paid within the time prescribed byorderof 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.
4
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:
~I~otoq~
Renee Cipriano, Director
~
Illinois
Environmental Protecfion 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
-
5
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
-
)
(IEPA No. 360-04-A~C)
RICHARD
GROFF,
)
)
Respondent.
)
FACILITY:
Groff Property
SITE CODE NO.:
0570250002
COUNTY:
Fulton
CIVIL
PENALTY:
$6,000.00
DATE OF INSPECTION:
July 19, 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.
6
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
Richard “Kilroy” Groff
-
)
IEPA DOCKET NO.
RESPONDENT
Affiant,
R.
Eugene Figge, 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 July 19,
2004,
between 10:45 a.m. and 11:30 a.m.,
Affiant conducted an inspection of the open dump in Fulton County,
Illinois, known as Groff Property,
Illinois Environmental Prot~ction
Agency Site No. 0570250002.
3.
Affiant inspected said Groff Property open dump 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 Groff Property open dump.
Subscribed and Sworn to before
me this
day of
Notary P
1 C
ssLuxp~es8,27,~5
J
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Fulton
LPC#:
0570250002
Region:
3
-
Peoria
Location/Site Name:
Canton/Groff Property
Date:
07/19/2004
Time:
From
10:45 am
To
11:30
am
Previous Inspection Date:
04/23/2004
Inspector(s):
R.
Eugene Figge
Weather:
75
F Clear
No. of Photos Taken:
#
16
Est. Amt. of Waste:
120
yds3
Samples Taken:
Yes #
X
No
~
Interviewed:
Kilroy Groff
Complaint #:
Richard
“Kilroy” Groff
Responsible Party
23493 Sebree Road
MaWng Add ress(es)
and.Phone
Canton,
IL 61520
Number(s):
309-647-6445
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL
PROTECTION ACT REQUIREMENTS
9(a)
CAUSE, THREATEN OR ALLOW
AIR
POLLUTION
IN ILLINOIS
9(c)
CAUSE OR ALLOW OPEN BURNING
12(a)
CAUSE, THREATEN
OR
ALLOW WATER POLLUTION
IN ILLINOIS
E
-
12(d)
CREATE A WATER POLLUTION HAZARD
E
21(a)
CAUSE
OR ALLOW OPEN DUMPING
CONDUCT
ANY
WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
21(d)
OPERATION:
-
(1)
Withouta
Permit
(2)
In Violation
of
Any
Regulations or Standards Adopted by the Board
DISPOSE, TREAT, STORE, OR ABANDON
ANY
WASTE, OR TRANSPORT
ANY
21(e)
WASTE INTO THE STATE
ATITO SITES
NOT MEETING REOUIREMENTS OF ACT
CAUSE OR ALLOW THE OPEN DUMPING OF
ANY
WASTE IN
A MANNER WHICH RESULTS
1.
2.
3.
4.
5.
6.
7.
8.
21(p)
(1)
(2)
(3)
(4)
(5)
(6)
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP
SITE:
Litter
-
Scavenging
-
Open Burning
Deposition_of Waste
in_Standing_or_Flowing_Waters
Proliferation of Disease Vectors
Standing_or_Flowing_Liquid_Discharge from the Dump Site
Revised 06/18/2001
(Open Dump
-
1)
LPC
#
0570250002
Inspection
Date:
07/19/2004
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demnlitirn Debris
9.
55(a)
NO PERSON
SHALL:
(1)
Cause orAllow Open
Dumping
of Any Used or Waste
Tire
(2)
Cause_or Allow_Open_Burning_ofAny_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
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
El
12.
808.121
SPECIAL WASTE
DETERMINATION
El
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING
PERMIT, UNIFORM WASTE PROGRAM REGISTRATION
AND
PERMIT AND/OR MANIFEST
El
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(0)
PCB;
(0)
CIRCUIT COURT
-
CASE NUMBER:
ORDER ENTERED ON:
El
15.
OTHER:
El
El
El
El
•
El
-
El
& t~_
‘~“~
______________
Signa~~~f1~pector(s)
Informational
Notes
1.
Illinois
Environmental Protection Act 415 ILCS
514.
2.
Illinois Pollution
Control
Board: 35
III. Adm. Code,
Subtitle G.
3.
Statutory and
regulatory references herein are
provided forconvenience 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.
Revised 06/18/2001
(Open Dump -2)
0570250002
--
Fulton County
GroffProperty
R. Eugene Figge
July
19, 2004
Page
1
NARRATIVE
On July
19, 2004 a reinspection was conducted
from
10:45 a.m. until
11:30 a.m. at the Groff
Property by R. Eugene Figge (this author) ofDLPC/FOS
-
Peoria.
The used tire notification
form has been submitted.
The annual fee has been paid.
In a response to an
ACWN Mr.
Groff
stated he was going into the used tire disposal business.
In this response Mr. Groffwent on to
state that he planned on using a laser beam to blow up tires.
This is the same iiiformation that
was submitted with the used tire notification form afterMr. Groffhad received the
ACWN.
A truck was observed on the property that had been used to
transport
used tires to the Knox
County Tire Collection.
The truck is very distinctive because ofa
wire
spool that
has
been
welded to the side ofthe bed,
as shown in photographs 4
and
11.
In a telephone conversation
Mr. Groffadmitted to
transporting
tires to the
county
collection, but stated that these tires had
been dumped on his property without permission.
The author pointed out that he had previously
stated that he
was
starting a tire disposal business
and
had been told to not dispose of
used
tires
at Agency sponsored collections.
Mr. Groffs response
was
that he had accepted a few tires in
trade, but most had been dumped on him.
He still planned to go into the
tire
disposal business,
but because offailing health he just needed more
time
to cleanup
his
property.
Most ofthe used tires had been removed from the
area
where theyhad previously been
accumulated, as shown in photographs 9
and
10.
A new accumulation ofused tires
was
located
at the front of the property, as shown in photographs
1
and 2.
Thetires that
are
now located at
the front of the
property are
mostly on the rim, as shown in
photographs
5
and 6.
One tractor tire
was
not mounted on therim
and
was
holding
water, as shown in photograph 6.
A mosquito sample
was
collected from inside
this tire;
Larvae collected from the
tire
were
identified as being ofthe Ochlerotatus genus.
Ochierotatus
is capable of
transmitting
West Nile
Virus and
is the
primary
carrier ofLa Crosse encephalitis.
The author treated the
tire with
5
Abate Tire Treatment.
This will aid in
the
control
ofmosquito breeding for approximately 30
days.
An open dump containing general refuse, demolition
waste
and open burning,
was observed on
another
part
ofthe
property.
Photographs 14
through 16 show the
open dump.
Demolition waste
hadbeen
burned in
an
area
nearthree empty 55-gallon drums, as shown in photograph 13.
The following
apparent
violations were
indicated
on the inspection checklist:
1.
Pursuant to
Section 9(a) ofthe
Illinois
Environmental Protection
Act (415 ILCS
5/9(a)),
no person shall
cause
or
threaten
or allow the discharge or emission of
any
contaminant into the environment in
any
State so as to cause ortend to cause airpollution
in Illinois, either alone or in combination
with contaminants
from other sources, or sO as
to violate regulations or standards adopted by the Board
under this
Act.
A violation of Section 9(a) ofthe
llhinois
Environmental Protection
Act (415 TICS
5/9(a))
is alleged
for the following reason: Evidence
of open burning
was
observed
0570250002
--
Fulton
County
GroffProperty
R. Eugene Figge
July 19,
2004
Page 2
during the inspection that
indicated that Richard “Kilroy” Groff had caused or
•tended
to cause
open burning which would cause or tend to cause air pollution in
Illinois.
2.
Pursuant to Section
9(c) ofthe
Illinois
Environmental
Protection Act (415
ILCS
5/9(c)),
no person shall cause or allow the open burning ofrefuse, conduct any
salvage
operation by open burning, or cause or allow the burning ofany refiise~
in any chamber
not specifically
designed for the purpose
and approved by the Agency pursuant to
regulations adopted by the Board under this Act; except that the Board may adopt
regulations permitting open burning ofrefuse in certain cases upon a finding that no harm
will result from such burning, or that any alternative method ofdisposing ofsuch refuse
would create
a safety
hazard so extreme as to
justify
thepollution that would result from
such burning.
A violation ofSection 9(c) ofthe
flhinois
Environmental Protection Act (415 1LCS
5/9(c))
is alleged for the following reason: Evidence ofopen burning was observed
during
the inspection
that indicated Richard “Kilroy”
Groff had caused or allowed
open burning.
.
-
3.
Pursuant to Section 21(a) ofthe fllinois
Environmental Protection Act (415 ILCS
5/21(a)),
no person shall cause or allowthe open dumping ofany waste.
A violation ofSection 21(a) ofthe lllinois
Environmental Protection Act (415 TICS
5/21(a)) is alleged for the following reason:Evidence ofopen
dumping ofwaste was
observed duringthe inspection that indicated Richard “Kilroy”
Groff
had caused or
allowed
open
dumping
~
-
-.
4.
Pursuant to
Section 21(d)(1) ofthe
Jllinois
Environmental Protection Act (415 TICS
5/21 (d)(l
)),
no personshall conduct any waste-storage, waste-treatment, orwaste-
disposal operation without a permit granted by the Agencyor in violation of
any
conditions imposed by suchpermit.
A violation
ofSection 21(d)(1) is
alleged for the following reason: Richard “Kllroy”
Groff had
allowed waste
to be disposed without a permit granted by the
Illinois
EPA.
5.
Pursuant to Section 21(d)(2)ofthe
flhinois
Environmental Protection Act (415 TICS
-
5/21 (d)(2)), no person shall conduct
any
waste-storage, waste-treatment, or waste-
disposal operation in violation of any
regulations
or
standards
adopted bythe
Board
under this
Act..
A violation ofSection 21(d)(2)
is
alleged
for the following reason: Richard “Kilroy”
Groff had conducted
a waste
disposal
operation in violation of
regulations
adopted
by the Iffinois Pollution Control Board.
0570250002
--
Fulton
County
GroffProperty
R. Eugene Figge
July
19, 2004
Page
3
6.
Pursuant to
Section 21(e) of the
Illinois
Environmental Protection Act (415
ILCS
5/21(e)), no person shall dispose, treat, store or abandon any waste, or transport any
waste into this State for disposal,
treatment, storage or abandonment, except at a site or
facility which meets the requirements ofthis Act
and
ofregulations and standards
thereunder.
A violation ofSection
21(e) of
the
Illinois
Environmental Protection
Act
(415
ILCS
5/21(e)) is
alleged for the following reason: Richard “Kilroy”
Groffhad allowed waste
to
be disposed at this site which does not meet the requirements ofthe Act and
regulations
thereunder.
7.
Pursuant to Section 2l(p)(l) ofthe
Illinois
Environmental Protection Act (415 TICS
5/2l(p)(l)), no person shall, in violation ofsubdivision (a) ofthis Section, cause or allow
the open dumping of
any
waste
in a manner which results in
litter.
The prohibitions spec~f
led in
this subsection
~)
shall be enforceable by the Agency either
by administrative citation under Section 31.1 ofthis Act or as otherwiseprovided by this
Act.
The spec~flc
prohibitions in this subsection do not limit thepower ofthe Board to
establish regulations or standards applicable to open dumping.
A violation of
Section 2l(p)(l) ofthe
llhinois
Environmental Protection Act (415 TICS
5/21@)(1)) is alleged for the following reason:
Richard
“Kllroy”
Groff had caused or
allowed the open dumping ofwaste in a manner which resulted in
litter.
8.
Pursuant to Section 21(p)(3) ofthe
fllinois
Environmental Protection Act
(415
TICS
5/21(p)(3)), no person shall, in violation ofsubdivision (a) ofthis Section, cause or allow
the open dumping of
any waste in a manner which results
in open burning.
A violation ofSection 21(p)(3) ofthe
flhinois
Environmental Protection Act (415 TICS
5/21
(p)(3)) is alleged for the following reason:
Richard
“Kllroy”
Groff had caused
or~
allowed the open dumping ofwaste in a manner which resulted in open burning.
9.
Pursuant
to Section
21(p)(5)
ofthe lllinois
Environmental Protection Act (415 TICS
5/9(a)),
no person shall in violation ofsubdivision (a) ofthis
Section, cause orallow the
open dumping ofany waste in
a
manner which results in
proliferation ofdisease vectors.
A violation of Section 21
(p)(S) is alleged for the following reason: Richard “Kilroy”
Groff had caused or allowed the open dumping of
waste
in a manner which resulted
in the proliferation of disease vectors.
•
10.
Pursuant
to.
Section 21(p)(7) ofthe fllinois
Environmental
Protection
Act (415 TICS
5/9(a)), no person shall
in violation ofsubdivision (a) ofthis Section, cause or allow the
deposition of general construction or demolition debris; or clean construction or
demolition debris.
0570250002
--
Fulton
County
GroffProperty
R. Eugene Figge
July
19, 2004
Page 4
A violation ofSection 2l~p)(5)
is
alleged for the following reason: Richard “Kilroy”
Groff had caused or allowed the deposition ofgeneral construction
or demolition
•
debris; or clean
construction
or demolition
debris.
11.
Pursuant to
Section
55(a)(1)
ofthe
llhinois
Environmental Protection Act (415 TICS
5/55(a)(1)),
no person
shall
cause or
allow the open dumping ofany used orwaste tire.
A violation of Section
55(a)(1)
ofthe
fllinois
Environmental Protection Act (415 TICS
5/55(a)(1)) is alleged
for the followingreason:
Evidence of open dumping ofused or
waste tires was observed during the inspection that indicated Richard “Kilroy”
Groffs had caused or
allowed
the open dumping of used or waste tires.
12.
Pursuant
to 35
111. Adm. Code 8 12.101(a), all persons, except those
specificallyexempted
by Section
2 1(d) ofthe
flhinois
Environmental
Protection
Act,
shall submit to
the
Agency an application for a permit
to develop
and operate •a
landfill.
A violation of35
III.
Adm.
Code 8 12.101(a) is
alleged
for the following reason: Richard
“Kilroy” Groff had allowed the operation ofa
waste
disposal site without
submitting to the
Illinois
EPA an application for a permit to develop and operate a
landfill.
State ofIllinois Environmental Protection Agency Site Sketch
Inspector:
-
Date ofInspection:
R. Eugene Figge
July 19, 2004
•
LPC #:
County:
0570250002
Fulton
Site
Name:
GroffProperty
Time:
10:45
a.m.
—
11:30 a.m.
Barn
‘H’
P8
P7
P3
~E—
P6
EP2
~E—
p!71
P4
4E~~~P101\
P9
Trailer
1
Shed~
E—P16
~
P15
P14—~
—
1~’13
1’
P12
Sebree Road
P11
I
~ve
Not to Scale
0570250002
--
Fulton
County
Site Photographs
Groff Property
Page
1
of 8
FOS File
•
DATE:
July 19,
2004
TIME:
10:58a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
towardthe west.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE
NAME:
0570250002—07 192004-00
1
.jpg
COMMENTS:
DATE:
July 19, 2004
TIME:
10:58a.m.
PHOTOGRAPhED BY:
R. Eugene Figge
-
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH
NUMBER:
2
PHOTOGRAPH FILE
NAME:
0570250002—07 192004-002.jpg
COMMENTS:
DOCUMENT
FILE NAME:
0570250002—07 192004.doc
0570250002
--
Fulton County
Site Photographs
Groff Property
Page 2 of 8
FOS File
DATE:
July
19,
2004
TIME:
10:58a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE
NAME:
0570250002—07 192004-003.jpg
COMMENTS:
DATE:
July
19, 2004
TIME:
10:58 a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
-
DIRECTION:
Photograph taken
towardthe northeast.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE
NAME:
0570250002—07 192004-004.jpg
COMMENTS:
DOCUMENT
FILE NAME:
0570250002-071 92004.doc
0570250002
--
Fulton County
Site Photographs
Groff Property
Page 3
of8
FOS File
DATE:
July 19, 2004
TIME:
10:59a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE
NAME:
0570250002—07192004-005.jpg
COMMENTS:
DATE:
July 19, 2004
TIME:
10:59a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the
west.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH
FILE
NAME:
0570250002—07 192004-006.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0570250002—07192004.doc
0570250002
--
Fulton County
Groff Property
FOS
File
DATE:
July
19, 2004
TIME:
11:04 a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH
FILE NAME:
0570250002—07 192004-007.jpg
COMMENTS:
DATE:
July 19,
2004
TIME:
11:04a.m.
PHOTOGRAPHED
BY:
R. Eugene Figge
-
DIRECTION:
Photograph
taken
towardthe
north.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
0570250002—07192004-008.jpg
COMMENTS:
Site Photographs
Page4
of8
..‘t.....
-‘
DOCUMENT FILE NAME:
0570250002—07192004.doc
0570250002
--
Fulton County
Groff Property
FOS File
DATE:
July
19,
2004
TIME:
11:05a.m.
PHOTOGRAPHED
BY:
R.
Eugene Figge
DIRECTION:
Photograph
taken
toward the
north.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE
NAME:
0570250002—07192004-009.jpg
COMMENTS:
DATE:
July
19,
2004
TIME:
11:05 a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph
taken
toward the west.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH
FILE
NAME:
0570250002—07192004-01 0.jpg
COMMENTS:
Site Photographs
Page
5
of8
DOCUMENT
FILE NAME:
0570250002—07192004.doc
0570250002
--
Fulton County
Site Photographs
Groff Property
Page 6 of 8
FOS File
DATE:
July 19, 2004
TIME:
11:06a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE
NAME:
0570250002—07192004-011.jpg
COMMENTS:
DATE:
July
19,
2004
TIME:
11:10a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph
taken
towardthe north.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE NAME:
0570250002—07192004-012.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0570250002—07 192004.doc
0570250002
--
Fulton County
•
Site Photographs
Groff Property
Page
7 of
8
FOS
File
DATE:
July 19, 2004
TIME:
11:10a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph
taken
toward the
west.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILE
NAME:
0570250002—07192004-013 .jpg
COMMENTS:
DATE:
July
19,
2004
TIME:
11:10a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph
taken
towardthe
east.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH FILE NAME:
0570250002—07192004-014.jpg
COMMENTS:
DOCUMENT FILE NAME:
0570250002—07192004.doc
0570250002
--
Fulton County
Site Photographs
GroffProperty
Page
8 of 8
FOS File
DATE:
July
19,
2004
TIME:
11:11a.m.
PHOTOGRAPHED
BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the
west.
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE
NAME:
0570250002—07192004-015.jpg
COMMENTS:
DATE:
July
19, 2004
TIME:
11:11a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph
taken
toward the west.
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE NAME:
0570250002-07192004-01 6.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
0570250002-07192004.doc
•
PROOF
OF SERVICE
I hereby certify that
I did on the
11th
day of August
2004,
send by Certified Mail,
Return
Receipt Requested, with postage thereon fullyprepaid, by depositing in a United States Post Office
Box a true and correct copyofthe following instrument(s) entitled
ADMJNTSTRATIVE
CITATION,
AFFIDAVIT, and
OPEN DUMP
INSPECTION CHECKLIST
To:
Richard Groff
23493 SebreeRoad
Canton, Illinois
61520
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 fullyprepaid
To:
Dorothy
Gunn,
Clerk
Pollution Control Board
•
James R.
Thompson Center
100 West Randolph Street, Suite
1 1-500
Chicago, Illinois 60601
MichelleM.Ryan
-
-
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand
Avenue East
P.O. Box
1927&
Springfield, illinois 62794-9276
(217) 782-5544
THIS FILING
SUBMITTED ON RECYCLED PAPER
