RECE
WED
CLERK’S OFFICE
AUG
30200k
STATE OF ILUNO~S
pollution Gal
INFORMATIONAL NOTiCE H!
IT IS IMPORTANT THAT YOU
READ THE
ENCLOSED DOCUMENTS.
NOTE:
This
Administrative Citation
refers to TWO
separate
State
of Hhlnois
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: DMSION OF
LEGAL COUNSEL.
BEFORE THE ILLINOIS POLLUTION CONTROL ~
ADMINISTRATIVE CITATION
AUG
30
2004
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 412-04-AC)
)
JOHN GROFF and ROBERT
GROFF,
)
)
Respondents.
)
NOTICE OF FILING
To:
John Groff
Robert Groff
P.O. Box
966
2503
Barton Road
Centralia, Illinois
62801
Sandoval, Illinois
62882
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,
Michell
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
25,
2004
THIS FILING SUBMITTED ON
RECYCLED PAPER
RECE~VED
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
CLERK’S OFFICE
ADMINISTRATIVE CITATION
AUG
302004
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No. 412-04-AC)
JOHN GROFF and
ROBERT GROFF,
)
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 John Groff is the present owner and
Robert Groff is the operator (collectively
“Respondents”) ofa facility located at 2503 Barton Road, Junction City, Marion County, Illinois.
The
property is commonly known to the Illinois Environmental Protection Agency as Junction City/Groff.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with Site Code
No.
1210205005.
3.
That Respondents have owned/operated said facility at all
times pertinent
hereto.
4.
That
on
July 29, 2004,
James
J.
Balmer
of the Illinois
Environmental
Protection
Agency’s
Collinsville
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.
1
VIOLATIONS
Based upon direct observations
made by James J. Balmer during the course of his July 29,
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
Respondents
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 5/21(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 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),
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 than October 15, 2004, unless otherwise provided
by order of the Illinois Pollution Control
Board.
2
IfRespondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board
in accordance with Section
31 .1
of the Act, 415 ILCS 5/31 .1(2002),
and if the Illinois
Pollution Control Board
issues a finding of violation as alleged herein, after an adjudicatoryhearing,
Respondents shall be assessed the associated hearing costs incurred
bythe 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 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,
Respondents’
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.
Ifany civil penalty and/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
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 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.
~
C
~
Date:
~I2~J~j4
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
REMITTANCE FORM
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA No. 412-04-AC)
JOHN GROFF
and ROBERT GROFF,
)
Respondents.
)
FACILITY:
Junction City/Groff
SITE CODE
NO.:
1210205005
COUNTY:
Marion
CIVIL
PENALTY:
$4,500.00
DATE
OF INSPECTION:
July 29, 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.
)
Junction City/Groff
)
John Groff
)
)
Respondent.
)
Affiant, James J. Balmer, being first duly sworn, voluntarily deposes and
states as
follows:
1.
Affiant
is a field inspector employed by the Bureau of Land ofthe Illinois Environmental
Protection Agency and has been so employed at all times pertinent hereto.
2.
On May 25; 2004,
between 11:15 am and 11:30
am, and July 29, 2004, between 3:10 pm
and 3:25 pm, Affiant conducted
an open dump inspection at 2503 Barton Road, Junction
City in
Marion County, Illinois.
The site is referenced as Junction City/Groff, Illinois
Environmental Protection Agency Site No.
1210205005.
3.
Affiantinspected said Junction City/Groffopen dump by on-site inspections that
included
walking the site and
taking photographs.
•
4.
As
a result ofthe activities
referred to
in Paragraph 3
above, Affiant assisted in the
completion ofthe Inspection Report form attached hereto and made a part hereof, which,
to the best of the Affiant’s
knowledge and belief, is an
accurate representation of
Affiant’s observation and factual conclusions with respect to said
Junction City/Groff
open dump:
“~James
J. Balmer
Subscribed and Sworn to
before me
this 5th
day ofAugust 2004.
Notary Public
“OFFiCIAL
SEAL”
Paula
Ottensmeier
~
Notary Public.
State
of
Illinois
~My Commission
Expires
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Back to top
Open
Dump
Inspection
Checklist
County:
Marion
LPC#:
•
Location/Site Name:
Junction City/Groff
Date:
07/29/2004__Time:
From
3:10 pm
Inspector(s):
Jay Balmer
No. of Photos Taken:
#
9
Interviewed:
N/A
1210205005
Region:
6
-
Collinsville
To
3:25 pm
Previous Inspection
Date:
05/25/2004
Weather:
Cloudy, 80 degrees Fahrenheit, dry
_______
yds3
Samples Taken:
Yes#
Complaint #:
C-2004-065
Est. Amt. of Waste:
20
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
John
Groff
P.O.
Box 966
Centralia,
IL
62801
____
No
~
Robert Groff
2503 Barton
Rd.
Sandoval,
IL
62882
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
•
LI
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
LI
(2)
In Violation of Any
Regulations or Standards Adopted by the Board
LI
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
LI
(3)
Open Burning
Z
(4)
Deposition_of Waste
in
Standing or Flowing Waters
LII
(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#
1210205005
(7)
Deposition
of General Construction or Demolition Debris; or Clean
Construction or
9.
55(a)
NO PERSONSHALL:
(1)
Cause or Allow Open Dumping of Any Used
or Waste Tire
(2)
Cause
or Allow Open Burning of Any 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
LI
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
PERMIT AND/OR MANIFEST
LI
•
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LII)
PCB;
(LII)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
LI
15.
OTHER:
LI
LI
LI
LI
LI
LI
Informational
Notes
Illinois
Environmental Protection Act: 415 ILCS 5/4.
Illinois
Pollution
Controi Board: 35
III.
Adm. Code, Subtitle
G.
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:
05/25/2004
1.
2.
3.
/
•
Signature of Inspector(s)
Revised 06/18/2001
(Open Dump
-
2)
Illinois Environmental Protection Agency
Narrative Document
ACWN Follow-up Inspection
1210205005
—
Marion County
Sandoval/Groff
Date:
August 3, 2004
Prepared by:
Jay Balmer
On July 29, 2004,
I conducted a follow-up inspection
at 2503 Barton Road,
Junction City,
Illinois,
(N38.565 160, W089.133615) to
determine if corrective actions were taken as
stated in the Administrative Citation WarningNotice (ACWN) dated June 7, 2004.
The
ACWN cited violations for open dumping and open burning ofconstruction debris and
waste tires.
The weather during this
inspection was cloudy about
80 Fahrenheit,
and the
soil
conditions were
dry.
I arrived at approximately 3:10 p.m.
After attempting to
locate the resident, I walked
around the house to inspect the property.
On the west side of a small drainage ditch, I
noticed that most ofthe tires reported
in the previous inspection were
gone.
A flatbed
trailer located in the SW
corner ofthe property held approximately
7
used tires on rims,
steel parts and rolls of fencing.
An abandoned Jeep
was located near the flatbed trailer.
In the NW corner of the property, I noticed the same burn area that was found in the first
inspection.
There was new evidence that tires, lumber, tarpaper, styrofoam and a fibrous
material were burned.
Slightly
to the east I saw more evidence of tire, lumber and plastic
burning.
The smaller burn areas noted in the previous inspection were untouched.
The
inspection was complete at 3:25 p.m.
Site History
Two ACWN letters
dated June 7, 2004, were sent to Robert Groff(resident) and John
Groff (owner) citing violations for open dumping and open burning of construction debris
and
waste tires.
Robert Groffis letter was later returned as unclaimed to the Agency on
June 28,
2004.
Another ACWN was sent to Robert Groffon June 30, 2004 by regular
mail.
Neither party has replied to
the ACWN.
All corrective actions were to be
completed by July
11, 2004.
Apparent Violations
It appears that Mr. Robert Groffand Mr. John Groffare in apparent violation of the
Illinois Environmental Protection Act for causing or allowing the open dumping of waste
at this site.
Mr.
Groffmust:
1.
Immediately cease all
open dumping and open burning at this site.
2.
Do not
dispose of any waste by open burning.
3.
All tires must be disposed ofat a registered tire disposal
site.
4.
Remove all
waste to a permitted landfill or transfer station.
5.
Remove all used or waste tires to registered tire storage or tire disposal
facility.
Used or waste tires cannot be
taken to
a landfill or transfer station for
the purpose of disposal.
Do not open burn any of the tires.
Loads ofmore
than 20 tires must hauled by
a registered tire transporter.
6.
All
disposal receipts
must be submitted to the Illinois EPA to verify proper
disposal.
STATE
OF ILLINOIS
Environmental Protection Agency
Site Sketch
Date of Inspection: July 29, 2004
Site Code:
1210205005
Site Name:
Sandoval/Groff
Inspector:
j~yBalmer
County:
Marion
Time:
3:10 pm—3:25 pm
Abandoned
Vehicle
Burn Area
Burn Area
0*
Burnt Tires~~~
6
+N
&
~L.
~
~
oitRoal
Photo No.
0
cc
Area
Bridge
Back to top
NOT TO SCALE
LPC #1210205005
—
Marion County
Junction City/Groff
FOS
File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
July 29, 2004
TIME: 3:16
p.m.
DIRECTION:
W
PHOTO by:
Jay Balmer
PHOTO FILE
NAME:
121 0205005-~07292004-00
1
COMMENTS:
Tires on flatbed
trailer.
DATE:
July 29, 2004
TIME: 3:16 p.m.
DIRECTION:
W
PHOTO by:
Jay Balmer
PHOTO FILE
NAME:
1210205 005~07292004-002
COMMENTS:
Flatbed with fencing
and miscellaneous metal.
LPC #1210205005
—
Marion County
Junction City/Groff
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
July 29, 2004
TIME:
3:17
p.m.
DIRECTION:
.W
PHOTO by:
Jay Balmer
PHOTO FILE
NAME:
1210205005-07292004-003
COMMENTS:
Jeep near flatbed.
DATE: July 29,
2004
TIME:
3:18 p.m.
DIRECTION: N
PHOTO by: Jay Balmer
PHOTO FILE NAME:
•
1210205 005—07292004-004
COMMENTS:
Bum area located at
NW portion ofproperty.
Wire rings
resembling wire from radial tires are
around the center stump.
LPC #1210205005
—
Marion County
Junction City/Groff
FOS File
•
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
July 29, 2004
TIME:
3:18 p.m.
DIRECTION:
NE
PHOTO by:
Jay Balmer
PHOTO
FILE
NAME:
121 0205 005~-07292004-005
COMMENTS:
Closer view of wire
rings.
DATE:
July 29, 2004
TIME:
3:20
p.m.
DIRECTION: W
PHOTO by: Jay Balmer
PHOTO FILE
NAME:
121 0205005—07292004-006
COMMENTS:
Burn area showing
fibrous material
on left
and pile of
wire possibly
from
burned tires
on
right.
LPC #1210205005
—
Marion County
Junction City/Groff
FOS
File
DATE:
July 29, 2004
TIME:
3:20 p.m.
DIRECTION: N
PHOTO by:
Jay Balmer
PHOTO FILE
NAME:
121
0205005~07292004-007
COMMENTS:
Burn area located to
the east ofburn in photo
121 0205005-~07292004-006.Wire
rings possibly from burned tires can
be seen in center.
Partially burned
lumber and plastic at the edge can be
seen at the edge ofthe burn area.
DATE:
July 29, 2004
TIME:
3:21
p.m.
DIRECTION:
W
PHOTO by:
Jay
Balmer
PHOTO FILE
NAME:
121 0205 005-~07292004-008
COMMENTS:
View of both burn
areas.
DIGITAL PHOTOGRAPH PHOTOCOPIES
2
~
C
~
~
.~-
~‘z_._
~
-
~
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—
—
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-.
LPC #1210205005
—
Marion County
Junction City/Groff
FOS
File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
July 29, 2004
TIME:
3:21
p.m.
DIRECTION: W
PHOTO by:
Jay Balmer
PHOTO FILE NAME:
121 0205005—~07292
004-009
COMMENTS:
Bum areas that were
found in the original inspection.
The
areas appeared to be untouched.
Wire possibly from burned tires is
located at top ofpicture.
PROOF OF SERVICE
I hereby certify
that
I did
on the 25th
day of August 2004,
send by
Certified Mail,
Return
Receipt Requested, with postage thereon fully prepaid, by depositing in
a United States Post Office
Box a true and correct copyofthe following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and
OPEN DUMP INSPECTION CHECKLIST
To:
John Groff
Robert Groff
P.O. Box 966
2503
Barton Road
Centralia, Illinois
62801
Sandoval, Illinois
62882
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 11-500
Chicago, Illinois 60601
ichelle 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
