RECE WED
CLERK’S OFFICE
AUG
26200k
STATE OF IWNOIS
Pollution Control Board
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 61 794-9276.
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.
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLTNOIS
POLLUTION CONTROL BOARD
AUG
262004
ILLINOIS
ENVIRONMENTAL
)
p~n~r~\Board
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA No. 349-04-AC)
)
ROGER and JOAN KAY MILLER,
)
)
)
)
Respondents.
)
)
NOTICE OF
FILING
To:
Roger and Joan Kay Miller
Miller Enterprises
2611
W. Cardinal Rd.
Champaign, Illinois
61822-89 14
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the
Pollution Control
Board of the State
of Illinois the following instrument(s) entitled ADMINISTRATION CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION
CHECKLIST.
Respectfully submitted,
~elle~yan~
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
SUBMITTED ON
RECYCLED
PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
AUG 262004
ADMINISTRATIVE CITATION
PoHu~onC’~d
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
)
AC
V.
)
(IEPA No.
349-04-AC)
ROGER and JOAN
KAY MILLER,
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
Roger
and
Joan
Kay
Miller
(“Respondents”)
are
the
present
owners
and
operators of a facility located
at 600 W.
Cumberland, Greenup, Champaign
County,
Illinois.
The
property is commonly known to the Illinois Environmental
Protection Agency as
Mahomet/Miller.
2.
That
said
facility
is
an ‘open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with
Site Code No. 0198120001.
3.
That Respondents have owned and operated said
facftyatafttkn~sipertEnentheretci.
4.
That
on
June
16,
2004,
Deanna
Carlock
and
Richard
Gerard
of
the
Illinois
Environmental
Protection
Agency’s Champaign
Regional
Office
inspected
the
above-described
facility.
A copy of the inspection report setting forth the results-of-saFd inspection is attached hereto
and made a part hereof.
VIOLATIONS
Based
upon direct observations
made
by Deanna
Carlock and
Richard Gerard during the
course
of
their June
16,
2004
inspection
of the above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined
that
Respondents
have
violated
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 21(p)(l) of the
Act, 415
ILCS
5/2l(p)(l)
(2002).
(2)
That
Respondents
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
Respondents
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
deposition
of
general
construction
or
demolition
debris
or
clean
construction or demolition debris, a violation of Section 21(p)(7) of theAct, 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),
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
Four Thousand
Five
Hundred
Dollars
($4,500.00).
If
Respondents elect
not
to
petition
the
Illinois
Pollution
Control
Board,
the statutory
civil
penalty
specified above shall be due and payable no later thanAuqust3l,2004, unless otherwise provided
by order of the Illinois Pollution
Control
Board.
2
If Respondents elect 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,
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.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondents fail
to petition or elect not to 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,
Respondents
shall complete and
return
the enclosed
Remittance Form to ensure proper documentation of payment.
If any civil penalty and/or hearing costs are not paid within the time prescribed byorder of the
Illinois
Pollution
Control
Board,
interest
on
said penalty and/or hearing
costs
shall
be
assessed
againstthe Respondents 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 Respondents in Circuit Court to
collect said
penalty and/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
Respondents 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:
~Iulo4
Renee Cipriano,
Director 4~
~
Illinois
Environmental Prot~tion
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.
349-04-AC)
ROGER
and JOAN KAY
MILLER,
)
Respondents.
)
FACILITY:
Mahomet/Miller
SITE
CODE NO.:
0198120001
COUNTY:
Champaign
CIVIL PENALTY:
$4,500.00
DATE
OF INSPECTION:
June
16, 2004
DATE
REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter
the date
of
your
remittance,
your
Social Security
number
(SS)
if
an
individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign
this Remittance Form.
Be
sure
your
check
is enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmental
Protection Agency,
Attn.:
Fiscal Services,
P.O.
Box
19276,
Springfield, Illinois
62794-9276.
5
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER
OF:
)
)
)
)
)
IEPA DOCKET NO.
)
)
)
Respondent
)
Affiant, Deanna
Carlock, 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 June
16, 2004, between 2:30 p.m. and 3:50 p.m., Affiant conducted an inspection of
the
Miller property in Champaign County, Illinois,
known as Mahomet/Miller open dump/open burn
site, Illinois Environmental Protection Agency Site No.
LPC0198120001.
3.
Affiant inspected said Mahomet/Miller open dump/open
burn site by an on-site
inspection that included walking the site, taking photographs, and interviewing David Miller.
~1
Subscribed and Sworn to before me
~
~‘-~
,
~
~‘~~Lk
‘~
Notary Public
IN THE MATTER OF:
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
)
)
)
)
Respondent
)
IEPA DOCKET NO.
)
)
Affiant, Richard A.
Gerard, being
first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a supervisorof field inspectors employed by the Land Pollution Control Division ofthe Illinois
Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On June
16,
2004,
between 2:30 p.m.
and
3:50
p.m., Affiant accompanied Deanna Carlock during an
inspection
of the
Miller
property
in
Champaign
County,
Illinois,
known
as
Mahomet/Miller
open
dump/open burn site, Illinois Environmental Protection Agency Site No.
LPCO198 120001.
3.
Affiant inspected said Mahomet/Miller open dump/open burn site by an on-site inspection that included
walking the site, and
interviewing Mr. David Miller.
Subscribed and Sworn to before me
this
____
day of
-~
2004.
~
Notary Public
OFFIcIAL SEAL
SHARON L
8A~GER
NOTARY PuBlic. STATE
OF ILLINO4S
MY
COAAs$sjo~
EXPIRES: G9~
16.06
Responsible Party
Mailing Address(es)
and Phone
Number(s):
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump
Inspection Checklist
County:
Champaign
LPC#:
0198120001
Region:
4
-
Champaign
Location/Site
Name:
MahometlMiller
Date:
6-16-04
Time:
From
~30 p.m.
To
3:50
p.m.
Previous Inspection
Date:
4-24-03
Inspector(s):
D.
Oarlock,
Rich
Gerard
Weather:
Occasional
Rain,
about
85
degrees
F.
No. of Photos Taken:
#
20
Est. Amt.
of Waste:
30
yds3
Samples Taken:
Yes #
No
~
Interviewed:
David Miller, son
of owner
Complaint #:
C04-1 67-CH
Mr.
Roger
Miller,
owner
--
Miller Enterprises
2611
W.
Cardinal Rd
Champaign,
IL
61822-8914
217-352-0476
REC~!~)
JUL
1
~
2004
IEPA..DLPC
SECTION
DESCRIPTION
VIOL
—~
—
ILLINOIS ENVIRONMENTAL PROTECT ON AG1~EgUIREMENTS
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
L~
4.
12(d)
CREATE A WATER POLLUTION HAZARD
EJ
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
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
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
:~
(1)
Litter
(2)
Scavenging
E
(3)
Open Burning
(4)
Deposition_of Waste in_Standing_or_Flowing_Waters
(5)
Proliferation
of Disease Vectors
(6)
Standing or Flowing
Liquid
Discharge from the Dump
Site
(7)
Deposition
of General Construction or Demolition Debris;
or Clean Construction or
Demolition Debris
Revised 09/22/2000
(Open
Dump
-
1)
LPC
~:
0198 120001
Inspection Date: 6-16-04
9.
55(a)
(1)
NO PERSON SHALL:
Cause or Allow Open Dumping
of Any Used or Waste
Tire
fl
2
Cause_or_Allow_Open_Burning_of Any_Used or Waste_Tire
fl
35
ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10.
812.101
(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
fl
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER
WITHOUT A WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND PERMIT ANDIOR MANIFEST
OTHER
REQUIREMENTS
14.
APPARENT VIOLATION OF:
(
)
PCB;
(
)
CIRCUIT COURT
CASE_NUMBER:
ORDER ENTERED_ON:
15.
848.202(b)(5)
Failure to prevent used tires from accumulating water
55(a)(4)
Operation of a tire storage site not
in
compliance
with
Board Regulations
Z
55(c)
Failure to register a tire storage site.
55(d)(1)
Failure
to register a tire storage site, pay fees,
and
provide
required
information.
55(e)
Allowing
the storage of used
or
waste tires in
violation
of
Board Regulations
55.6(b)
Failure
to pay the
$100
tire
storage site registration fee
Informational
Notes
,~ign~re
of Inspector(s)
1.
fflinoisj
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 IIIinoisl
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 (Illinoisi 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
09/22/2 000
(Open Dump-2)
Illinois Environmental
Protection Agency
Bureau of Land,Fieid Operations Section.Champaign
098120001—Champaign County
Mahomet!Miller
FOS File
Inspector: Deanna Carlock
J(J(
Inspection Date:
16 June 2004
.
14
200q
C04-148-CH
/~p
GIS Data: Latitude-N40°l0’54.3”;Longitude-W088°24’28.2”
(Garmin GPSMAP
~‘46SQLpc
OPEN
DIJMP
INSPECTION NARRATIVE
On the June
16,
2004,
from
approximately 2:30
p.m.
to
3:50
p.m.,
Rich Gerard and
I inspected
the
above-referenced unpermitted site, located at 600
W
Cumberland in Greenup,
Illinois.
Illinois
EPA
interns, Jason Berner and
Keith Middleton
were also
present.
The purpose of the inspection was
to
respond to a citizen complaint ofopen dumping and open burning, and determine compliance with the
Environmental
Protection
Act
(Act)
and
Title
35
Illinois
Administrative
Code,
Subtitle
G:
Land
Pollution (Regulations). Theinspection consisted ofwalking over the propertyand taking photos. It was
lightly raining occasionally, about
85°
F, wind from the north-northeast.
No one else was present during
the inspection. Twenty photos were taken. Mr.
David Miller, son ofthe owner, Roger Miller, arrived
during the investigation and accompanied us during the rest ofthe inspection.
Site His*ory:
1971
Roger Miller applied for permit for a refuse disposal site on this “Flood Prone Area”.
Apparently none was issued.
1976 BOW received complaint of open dumping on riverbank—
referred to BOL as Low Priority.
1977 Open Dumping complaint along riverbank—exposed refuse,
cars, concrete, etc. October
11,
1977 violations cited for operating landfill site without a permit,
depositing waste without proper spreading, compacting, and cover. Attempts to
inspect the property
again during
1977
into
1980’s were denied access, so observations were conducted
from off-site
which noted continuing open dumping on
site. Case was referred to
AGO June 27,
1978. March
1982 Miller applied for a permit from US Army to excavate “earth and rubble” to construct an
embankment from Rt.
47 on the east to the west property line; the response stated that as no work
would be done below the ordinary high water mark ofthe river, no permit was necessary.
April
13,
1982. Champaign County Circuit Court issued an order to Roger W. and Joan KayMiller
restraining them from open dumping construction and demolition by-products, orusing
it as fill,
in
the rivers water or between it and the natural first overflow banks; restrained from operating a dump
or sanitary landfill on the site;
using any construction and demolition by-products as fill, other than
concrete, asphalt, brick and gravel as parking lot, road, or driveway; allowing any biodegradable
material to
degrade on site without removing and depositing in a sanitary landfill; storing any
construction and demolition by-products
so as to
allow them to become waste; permitting any
construction and demolition by-products to become dispersed or strewn over the property; burning
construction and demolition by-products, litter, or other waste except as permitted by law;
and
confine all storage of salvageable construction and
demolition by-products to a described area
containing
1.27 acres. August 24,
1982 inspection found waste otherthan clean construction/demo
debris within the first six inches of soil
on site.
098120001—Champaign County
MahometiMiller
FOS
File
On October 26,
1982 Champaign
County Circuit Court “permanently enjoined, restrained, and
prohibited” the Millers from
certain activities on site. Between 1983 and
1998 there were several
inspections and some
attempts to inspect that were denied access. September 6,
1983 IDOT issued
permit to move the embankment.
Aug. 23, 2000
Champaign Circuit Court ordered Millers
to pay a
S24,000 penalty and to
removal all waste from site by
January
1, 2001
and
enjoined from bringing
any material to
the sites unless and until they receive a permit from the IEPA. Nov.
22, 2002 the
Appellate Court upheld
the previous Order.
Apr. 24, 2003
Site inspection found violations of Act,
Regs,
and Court
Order including open dumping, operating a landfillwithout a permit, and used tire
storage violations. OnMay 30, 2003
ACWN
was sent. OnJune 17, 2003 a response received June
19, 2003 Agency letter noting that the violations cited in the
ACWN
would be technically resolved
providing theyremove& properly dispose of all waste on site. On June 4,2003 the Illinois Supreme
Court
denied leave to appeal the 11/22/02 decision
Inspection Findings:
Onthe wayto the site, Itelephoned Roger Miller to make him aware that I would be inspecting the site. I
was told that he was out oftown.
We arrived at the site and found the entrance gate open although no
one was seen near the entrance. We proceeded to walk over the site and take photos.
Just inside ofthe entrance, to the south, there were manyoff-road used tires, mostly on rims, stacked(see
photo #1), the top ones covered to preventwater accumulation.
I later countedthese and determinedthat
there were over 50 used tires in the area. Adding the smaller used tires scattered, uncovered, in several
places over the site, Mr. David Miller agreed that there were approximately 100 usedtiresstored outside
on the site. He said that the large off-road tires were for their own equipmentuse.
I explained that a site
having 50 ormore used tires must register with the Illinois EPA as a Used Tire Storage Site. Mr. Miller
said that they could probably dispose ofmost of the tires and keep less than
50,
the smaller ones stored
inside.
Several old trailers (see photo #2), old storage tanks, etc. were being used to
store reportedly reusable
materials. Materials such as metal (see photo #5), concrete, and bricks (see photo #3) are stacked or
stored in separate piles.
Inspector Keigley had previously been told that these items were kept for sale
and reuse.
Photo
#6 shows some broken concrete that appeared to
be
clear of
any
wood, metal
or rebar and being
usedas fill material along a drive. Icompared these with photos taken during the last site inspection and
determined, after speaking to Inspector Ken Keigley, that the concrete had been placed on the slope
sometime after April 24, 2003.
Immediately north and west of the slope
is a flooded low area. Several concrete and corrugated steel
culverts were left in this flooded area (see photo #7), without easy access for removal.
South ofthis area, onhigher ground, there were a few old airconditioners and odd pieces of scrap metal
stored haphazardly with vegetation growing around it (see photos #8 & #9).
While we inspected this area, David Miller arrived and accompanied us
around the rest ofthe site.
2
098120001—Champaign County
Mahomet/Miller
FOS
File
Further
to
the
south
was
the
flood-zone
area
next
to
the
river.
Open
dumping
cited
in
previous
inspections
in this area was not observed, however there were several large, concrete slabs
on the north
slope that I estimated to be about 8
ft.
x
10 ft., lying in this lowland area where they would not be easily
accessible for removal
(see photo #10
&
12).
Mr. Miller stated that at least one of these concrete slabs
had been reused as the base for a driveway.
There were also some concrete pieces left among the trees in
this low area that appeared to be
haphazardly dumped (see photo #11).
Walking uphill
to the north and
then following the road to the
west we inspected items stacked on both
sides ofthe roadway. Photo
#13
shows some empty metal drums
stackedtogether reportedly
for reuse.
There were used truck tires next to them, which were attached together and some contained water. Mr.
Miller
stated that these were altered tires that had
been used as a piece ofplayground equipment and
were to be taken apart for recycling.
Photo #14 shows some salvaged insulated panels, stored outside in
the rain.
Along the north side ofthe roadway, where the road is being built up with mostly broken asphalt and a
few pieces of concrete, the exposed asphalt and broken concrete appeared to be free of unclean debris,
except for a couple pieces ofrebar that were two or three feet long (see Photo #15).
Near the west end, there was a pile ofbricks and severalwooden pallets (see photo #17).
Mi. Miller said
that the bricks were in the process ofbeing stacked on thepallets as seen to the south across-the roadway
(see photo #16).
As we were inspecting the items along this western end, wenoticed a burnt, smoke-like odor. We did not
see
any
sign of a fire at this
location. Mr.
Miller
stated that it was probably a neighbor
to
the north
burning something,
since we occasionally smelled the smoke-like odor in the wind. After turning back
east, still followingthe roadway, I again smelled the smoke, turned to my right, south, and found a burn
pile, at the base ofthe built-up roadway.
We observed the still smoldering pile ofashes containing a few
partially burned wooden boards and several burned lengths ofmetal strapping with spike nails loosely
attached (the type ofnails used for fastening wood). It appeared that the fireremains had been pushed-up-
against the embankment, exposing the burned earth (see photos #18
&
19).
We continued the site inspection alongthe north end ofthe site, returningto the entrance area, where we
discussed the apparent violations on site with Mr.
Miller. We left the site about 3:50 p.m.
Summary ofApparent Violations:
Environmental Protection Act (Act) 415 ILCS 5/1
et. Seq
#1
Pursuant tQ Section 9(a) of the Act, 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
or tend to cause air pollution 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.
3
098120001—Champaign County
-
MahometiMiller
FOS
File
A violation ofthis section is alleged because
evidence
of open burning that
would
cause
or tend to
cause air pollution
in Illinois was observed during the inspection.
#2.
Pursuant
to
Section 9(c) of the Act,
no person shall cause or allow the open burning of
refuse.
conduct any salvage operation by open burning,
or cause or allow the burning of
any
refuse in any chamber not specifically designed for the purpose and approved
by the
Agency
pursuant to regulations adopted by the Board under this
Act.
A violation of this section is alleged because evidence ofopen burning of refused was
observed
during the inspection.
#3
Pursuant to Section 2 1(a) ofthe Act, no person shall cause or allow the open dumping ofany
waste.
A violation
of this
section
is
alleged because evidence of open dumping of waste
was
observed
during the inspection.
#4
Pursuant
to
Section
21(d)(l)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21 (d)(1)), no person shall conduct any waste-storage, waste-treatment,
or
waste-disposal
operation without a permit granted by the Agency or in violation of any condition imposed
by such permit.
A violationofthis section is allegedbecausewaste was disposed without a permit granted
by the Illinois
EPA.
#5
Pursuant to Section
21 (d)(2) ofthe Illinois Environmental Protection Act (415 ILCS
5/21 (d)(2)), no person shall conduct any
waste-storage,
waste-treatment,
or waste-
disposal operation in violation ofany regulations or standards adopted by the Board under
this Act.
A violation ofthis section is alleged because a waste disposal operation was conducted
in violation of regulations
adopted by the Illinois Pollution Control Board.
#6
Pursuant to
Section
21(e) ofthe
Act,
no person shall
dispose, treat,
store or abandon any
waste,
or transport any waste intothis State fordisposal, treatment, storage or abandonment,
except at a site or facility which meets the requirements ofthis Act and ofregulations and
standards
thereunder.
A violation of
this
section is alleged because waste was disposed at this site that does
not
meet
the requirements
of the Act.
#7
Pursuant to Section 21Q~)(
1) ofthe Act, no personshall, in violationofsubdivision (a) ofthis
Section, cause or allow the open dumping ofany waste in a manner that results in litter.
A violation ofthis
section is alleged because the open dumping ofwaste was caused or
allowed in a manner that resulted in litter.
#8.
Pursuant to Section 2l(p)(3) ofthe Act, no person shall, in violationofsubdivision (a) ofthis
Section,
cause or allow the open dumping of any waste
in a manner that results
in
open
burning.
4
098120001—-Champaign County
Mahomet/Miller
FOS File
A violation of this
section
is alleged because
the open dumping of waste was caused or
allowed in a manner that resulted in
open burning.
#9.
Pursuant to
Section 2l(p)(7) ofthe Act, no person shall, in violationofsubdivision (a) ofthis
Section.
cause
or allow
the
open
dumping
of any
waste
in
a
manner that
results
in
the
deposition of general construction or demolition debris.
A violation of this
section is
alleged because
open dumping of waste was
observed that
had
resulted in the deposition of demolition debris.
#10
Pursuant
to Section
55(a)(4)
of the Illinois Environmental Protection Act
(415 ILCS
5/55(a)(4)),
no
person shall
cause
or allow
the operation of a tire
storage
site except in
compliance with Board regulations.
A violation of this section is alleged because you
have not complied with the regulations
specified in items
#3, 4,
5, & 6
below.
#11
Section
55(c)
ofthe Act:
Requirement to register a tire storage site that contains more
than 50 used tires.
A violation ofthis section) is alleged because
the tire storage site contains over 50 used
tires and has
not been registered with the Agency.
#12
Section
55(d)(l)
ofthe Act:
A tire storage site that contains more than 50 used tires
must
register the site with the Agency, certify to the Agency that the site complies with any
applicable standards
adopted by the Board pursuant to
Section
55.2,
report to
the Agency
the number oftires accumulated, the status ofvector controls, and the actions taken to
handle and process the tires, and pay the fee required under subsection (b) ofSection
55.6.
A violation of this section is alleged because you
have not complied with these
requirements.
#13
Pursuant
to
Section
55(e)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/55(e)),
no person shall cause or allow the storage, disposal, treatment orprocessing ofany
used or waste tire in violation ofany regulation or standard adopted by the Board.
This
section
was cited because you
have not complied
with
35
Illinois
Administrative
Code
Section
848.202(b)(5), as cited in #16 below.
#14
Section
55.6(b)
ofthe Act:
The owner or operator ofeach site required to be registered
under subsection (d) of Section
55
shall pay to the Agency an annual fee of $100.
A violation ofthis section) is alleged because you have
not
paid the $100 annual
fee.
35 Illinois Administrative Code
(Title 35:EnvironmentalProtection, SubtitleG.Land Pollution,
Chapter I:Pollution Control Board) Regulations:
#15
Pursuant to 35 Ill. Adm. Code 812.101(a), all persons, except those specifically exempted by
Section 21(d) ofthe Illinois Environmental Protection Act,
shall submit to the Agency an
5
098120001—Champaign County
Mahomet/Miller
FOS
File
application for a
permit
to
develop
and operate
a landfill.
A violation of this section is alleged
because a waste disposal site was
operated without
submitting
to
the
Illinois
EPA an application
for
a permit
to develop
and
operate
a
landfill.
#16
Pursuant to
35
Illinois Administrative Code Section 848.202(b)(5), at a site at which more
than
50
used or waste tires are
located, any used or waste tires must be altered, reprocessed,
converted,
covered,
or otherwise
prevented
from
accumulating
water within
14
days
of
receipt.
A violation ofthis section is alleged because you
have not prevented the used tires from
accumulating water.
6
Illinois
Environmental Protection Agency
LPC
# 0198120001-Champaign County
Site Photo
IViap
Maho met/Miller
Inspection Date:
16 June 2004
w-
N
entrance
Map not to Scale
Arrows indicated direction
in~Il
~fiii~
~cpi~t~-~
-E
S
#19
i~
#18
#17
#15
#20
16
#14÷
#6
Tires
#4
#12
Wooded
Floodplain
#10
#11
#3
Illinois Environmental
Protection
Agency
Bureau of
Land
DIGITAL PHOTOGRAPHS
PC
#0198120001—Champaign
County
MahonietlMiller
FOS
File
Date:
6-16-04
Time:
2:36
p.m.
Direction:
South
Photo
by:
D.
Carlock
Photo
File
Name:
0198120001-06162004-001
Comments:
Date:
Time:
Direction:
Southeast
Photo
by:
D. Carlock
Photo
File Name:
0198120001-06162004-002
Comments:
6-16-04
2:38
p.m.
I
‘If
PC
#0198120001 —Champaign
County
MahometlMiller
FOS
File
Date:
6-16-04
Time:
2:39
p.m.
Direction:
Southeast
Photo
by:
D. Carlock
Photo
File
Name:
0198120001-06162004-003
Comments:
Date:
6-16-04
Time:
2:39
p.m.
Direction:
Southwest
Photo
by:
D. Carlock
Photo
File Name:
0198120001-06162004-004
Comments:
2
PC #0198120001—Champaign County
MahometlMiller
EQS
File
Date:
6-16-04
Time:
2:39
p.m.
Direction:
East
Photo by:
D. Carlock
Photo File Name:
0198120001-06162004-005
Comments:
Date:
6-16-04
Time:
2:40
p.m.
Direction:
North
Photo by:
D. Carlock
Photo File Name:
0198120001-06162004-006
Comments:
3
PC #0198120001—Champaign County
MahometlMiller
EQS
File
Date:
6-16-04
Time:
2:44p.m.
Direction:
Northwest
Photo
by:
D.
Carlock
Photo
File
Name:
0198120001-06162004-007
Comments:
Date:
6-16-04
Time:
2:45
p.m.
Direction:
North
Photo by:
D. Carlock
Photo File Name:
0198120001-06162004-008
Comments:
4
PC
#01 98120001 —Champaign
County
MahometlMiller
EQS
File
Date:
6-16-04
Time:
2:46 p.m.
Direction:
East
Photo
by:
D. Carlock
Photo
File
Name:
0198120001-06162004-009
Comments:
Date:
6-16-04
Time:
2:55 p.m.
Direction:
West
Photo
by:
D. Carlock
Photo
File Name:
0198120001-06162004-010
Comments:
5
PC
#0198120001—Champaign County
Mahomet/Miller
EQS
File
Date:
6-1 6-04
Time:
2:55 p.m.
Direction:
Southwest
Photo by:
D.
Carlock
Photo
File Name:
0198120001-06162004-011
Comments:
Date:
6-16-04
Time:
2:57 p.m.
Direction:
Northwest
Photo by:
D. Carlock
Photo File Name:
0198120001-06162004-012
Comments:
6
PC
#0198120001—Champaign
County
Mahomet/Miller
EQS
File
Date:
6-16-04
Time:
3:00 p.m.
Direction:
Northeast
Photo
by:
D. Carlock
Photo
File
Name:
0198120001-06162004-013
Comments:
Date:
Time:
Direction:
Photo by:
Photo
File Name:
0198120001-06162004-014
Comments:
6-16-04
3:05
p.m.
East
D. Carlock
7
PC
#0198120001—Champaign
County
Mahomet/Miller
EQS
File
Date:
6-16-04
Time:
3:06 p.m.
Direction:
East
Photo
by:
D. Carlock
Photo
File Name:
0198120001-06162004-015
Comments:
Date:
6-16-04
Time:
3:08 p.m.
Direction:
Southwest
Photo
by:
D. Carlock
Photo
File Name:
0198120001-06162004-016
Comments:
8
PC
#0198120001—Champaign County
Mahomet/Miller
EQS
File
Direction:
West
Photo
by:
D.
Carlock
Photo
File Name:
0198120001-06162004-017
Comments:
Date:
Time:
6-16-04
3:08
p.m.
Date:
6-16-04
Time:
3:21
p.m.
Direction:
West
Photo by:
D.
Carlock
Photo
File Name:
0198120001-06162004-018
Comments:
-~
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9
PC
#0198120001—Champaign County
MahometlMiller
EQS
File
Date:
6-16-04
Time:
3:21
p.m.
Direction:
Southwest
Photo by:
D. Carlock
Photo File Name:
0198120001-06162004-019
Comments:
Date:
Time:
Direction:
Photo by:
Photo File Name:
0198120001-06162004-020
Comments:
6-16-04
3:35 p.m.
East
D. Carlock
I
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—.
10
TerraServer
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thestuno!
One
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($1.00)
and
other
good
and
valuable
COflS1d~~~fl
in band
paid, CONVEY
sand W4~ANT
to
-
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MILLER
and
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J~AY
MILL~Rjt~hu~band
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‘~—
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part
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(I~½)
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of
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‘cQ
ár~*’~NE¼)
.p~
rSeclion ~enty~crne~~(21),i~owrishipTwenty (2O~
~
North, ~RangeSeven~(7)
Ea~t of
‘the
~h~rd
Principal
Meridian
in
~ampaign
County,
I11a~noLs,conveyed by warranty deed recorded April
12,, 1924
ix~
Book 192 at Pa~e106 in the’~Reco~’dez1s
Office in chaD~pa1gnCounty, Illinois
wherein
said
prenises were described as follows:
Commencing at the Northeast corner of the So itheast Quarter
(SE¼) of
the
Northeast
‘Quarter
(NE¼)
of Section Twenty-one (21),
Towns1iip Twenty
(20)
North,
Range
Seven
(7) East of the 1~hirdPrincipal Meridian and
running
thence 1~Jestto the ‘Northwest corner of said Southeast Quarter
(SE¼) of
the Northeast
Quarter
(NE¼), thence South to rail fence
(now a wire fence)
thence East along said
rail
or wire fence to Section line between Sections
Twettty..one(21~and
Twet~y-two
(22),
thence North
oti
said
Seclion
1~ne
to place o±~
be~inn~g~.nd
containing”Twenty
(20) acres, 1~ioreor less,
situated
..n -Township of
~Mahomet,
in
the County
of
Champaign
in
the
State
of
11 inoi
S
-
hereby releasing and
waiving
all
rights
under and -by
‘virtue
of
the
Homestead Exemption
laws of the
State of
Illinois.
Tn
have
~ud
th~hn1d..th~
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1802
CUNNINGHAM
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MAHOMET
URBANA,
ILLINOIS
61801
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PROOF OF SERVICE
I hereby certify
that
I
did
on
the
11th
day of August,
2004
send
by
messenger mail
to
the
Champaign
Regional
Office
of
the
Illinois
EPA,
a
true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFF~AVIT, and
OPEN
DUMP
INSPECTION CHECKLIST
for hand delivery
To:
Roger and Joan Kay Miller
Miller Enterprises
2611
W.
Cardinal
Rd.
Champaign,
Illinois
6 1822-8914
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail with
postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R.
Thompson Center
100 West 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
