RECE~vED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
07
2OO~
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
PoIlut~onControl Board
COUNTY OF
SANGAMON,
)
)
Complainant,
)
,,~
~
AC
~“
v.
)
ADMINISTRATIVE CITATION
)
SCDPH 04-AC-2
James Withers;
)
)
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to
the authority vested in the Illinois
Environmental Protection Agency by Section
31.1 ofthe Illinois Environmental Protection Act
(“Act”),
415
ILCS
5/31.1,
(2000) and
delegated to the County of Sangamon pursuant to
Section
4(r) of the Act,
415
ILCS
5/4(r)
(2000).
FACTS
1.
That James Withers (“Respondent”) is a roofing contractor that
is operating
within
Sangamon County, Illinois.
2.
That the Respondent is the owner of real property that
is commonly known as
3300 Ridgewood,
Springfield, Sangamon County, Illinois.
3.
That said property is an open dump operating without an Illinois Environmental
Protection Agency (“IEPA”) Operating Permit and is designated with IEPA Land Pollution
Control #1671000008.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
4.
That Respondent has owned said property at all
times pertinent hereto.
5.
That on August
18, 2004, Allen Alexander and Adam Proctor ofthe Sangamon
County Department of Public Health (“SCDPH”) inspected the above-described property based
on a complaint
VIOLATIONS
Based upon direct observations made by Allen Alexander and Adam Proctor during the
course oftheirAugust
18, 2004
inspection ofRespondent’s property, the County ofSangamon
has determined that Respondent has violated the Act as follows:
1.
That Respondent caused or threaten or allow the discharge or emission ofany
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 Aàt as defined in Section
9 (a) ofthe
Act,
415
ILCS
5/9(a)
(2002); and
2.
That Respondent caused or allowed the deposition of(i) general construction or
demolition debris
as defined in Section 3.160 ofthe Act,
415
ILCS
5/3.160
(2002), or (ii) clean
construction or demolition debris
as defined in Section 3.160(a) ofthe Act, 415
ILCS
5/3.160(a)
(2002), a violation of Section 21(p)(7) ofthe Act, 415
ILCS
5/21(p)(7)
(2002).
-2-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
r
L
CIVIL PENALTY
Pursuant to
Section 42(b)(4-5) ofthe Act, 415 ILCS
5/42(b)(4-5)
(2002), Respondent is
subject to
a civil penalty of One Thousand Five HundredDollars
($1,500.00)
for each of the
violations identified above, for a total ofThree Thousand Dollars ($3,000.00).
IfRespondent
elects not to petition the Illinois Pollution Control Board, the statutory civil penalty specified
above shall be
due and payable no later than October 8
,
2004,
unless otherwise provided by
order ofthe Illinois
Pollution Control Board.
IfRespondent elects to
contest this Administrative Citation by petitioning the Illinois
Pollution Control Board in accordance with Section
31.1
ofthe Act, 415
ILCS
5/3
1.1
(2002), and
if the Illinois Pollution Control Board issues a finding ofviolation as alleged herein, afler an
adjudicatory hearing, Respondent shall be assessed the associated hearing costs incurred by the
County ofSangamon 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.
Pur~uant
to
Section 31.1(d)(1) ofthe Act,
415 ILCS
5/31.1(d)(1)
(2002), if Respondent
fails to petition or elects not to petition the Illinois
Pollution Control Board forreview ofthis
Administrative Citation within thirty-five
(35)
days ofthe date ofservice, the Illinois Pollution
Control Board shall adopt a final order, which shall include this Administrative Citation and
findings ofviolation as alleged herein, and shall impose the statutory civil penalty specified
above.
-3-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
When payment is
made, Respondent’s check shall be.made payable to the Sangamon
County Department ofPublic Health and mailed to
the attention of James D. Stone, Director of
the Sangamon County Department of Public Health, 2501 North Dirksen Parkway, Springfield,
Illinois 62702.
Along with payment, Respondent shall complete and return the enclosed
Remittance Form to
ensure proper documentation of payment.
Ifany civil penalty andlorhearing costs are not paid within the time prescribed by order ofthe
Illinois Pollution Control Board, interest on said penalty andlor hearing costs shall be assessed
against Respondent from the date payment is due up to
and including the date that payment is
received.
The State’s Attorney of Sangamon County may be requested to initiate proceedings
against Respondent in Circuit Court to
collect said penalty and/or hearing costs, plus any interest
accrued.
In addition to the previously assessed civil penalty andlor hearing costs and/or interest,
the State’s Attorney ofSangamon County will seek to recover his costs of litigation.
PROCEDURE FOR CONTESTING THIS ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citationpursuant to
and in
accordance with Section
31.1 ofthe Act, 415
ILCS 5/31.1
(2002).
IfRespondent elects to
contest this Administrative Citation, then Respondent shall file a Petition for Review with the
Clerk ofthe Illinois Pollution Control Board,
100 West Randolph Street, Suite 11-500, Chicago,
Illinois 60601.
A copy ofsaid Petition for Review shall be filed with the Sangamon County
State’s Attorney, Attention: Sheri L. Carey, 2501
North Dirksen Parkway, Springfield,
Illinois 62702.
Section 31.1 ofthe Act, 415 ILCS
5/31.1(2002),
provides that any Petition for
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Review shall be filed within thirty-five
(35)
days
of the date ofservice ofthis Administrative
Citation or the Illinois Pollution Control Board shall enter a defaultjudgment
against
Respondent.
-4-
__________________________
Date:
____________
J~tli9S’D.Stone, M.A.
~1~ctor
Sangamon County Department ofPublic Health
BY:_____
Sheri L. Carey
Assistant State’s Attorney
Prepared by:
Sheri L.
Carey
Assistant State’s Attorney
Sangamon County
2501
North Dirksen Parkway
(217) 535-3100
-5-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
REMITTANCE FORM
COUNTY OF SANGAMON,
)
)
Complainant,
)
AC________________
v.
)
ADMINISTRATIVE CITATION
)
SCDPH 04-AC-i
James Withers,
)
)
Respondent.
)
FACILITY:
Withers
LPC SITE
CODE:
1678225044
COUNTY:
Sangamon
DATE OF
INSPECTION:
August
18, 2004
CIVIL PENALTY:
$3,000.00
DATE REMITTED:
______________
SSN:
__________________
SIGNATURE:
_____________
Please enterthe date ofyour remittance, your Social Security Number, and sign this Remittance
Form.
Be sure your check is enclosed and mail, along with Remittance Form, to Sangamon
County Department ofPublic Health, James D.
Stone, Director, 2501
North Dirksen Parkway,
Springfield, Illinois
62702.
-6-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECE~VE~
CLERK’S OFRCE
BEFORE THE. ILLINOIS POLLUTION CONTROL BOARD
SEP
072004
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control
I3oarc$
COUNTY OF
SANGAMON,
)
)
Complainant,
)
/‘)c:Z~
)-~-‘
)
AC________________
v.
)
ADMINISTRATIVE CITATION
)
SCDPH 04-AC-i
James Withers,
)
)
Respondent.
)
AFFIDAVIT
Affiant, Adam Proctor, being first duly sworn,
voluntarily deposes and states as~
follows:
1.
That Affiant is a solid waste inspector employed by the Sangamon County
Department ofPublic Health and certified by the Illinois Environmental Protection Agency and
has been so employed and certified at all times pertinent hereto.
2.
That on August 18, 2004, Affiant conducted an inspection ofpropertylocated at
3300 Ridgewood, located in Sangamon County, Illinois.
3.
Affiant inspected said property by an inspection which included walking on
property and photographing the property.
4.
As
a result ofthe action referred to in Paragraph
3
above, Affiant completed the
inspection report attached hereto and made a part hereof, which, to the best ofAffiant’s
-7-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
knowledge and belief, is
an accurate representation ofAffiant’s
observations and factual
conclusions with respect to the facility.
Adam Proctor
Subscribed and sworn to
before me
this
_______
day ofSeptember, 2004.
OFFICIAL
SEAL
______
E~iIII
Notary P~blic
-8-
THIS FILING IS SUBMITTED ON RECYCLED PAPER
County:
Sangamon
Location/Site
Name:
Date:
08/18/2004
Time:
From
1015
Inspector(s):
A.
Proctor, A.
Alexander
No.
of Photos Taken:
#
14
Est. Amt. of Waste:
40
I nterviewed:
James Withers
3300
Ridgewood
Springfield,
IL
62702
To
1030
Previous
Inspection
Date:
06/082004
Weather:
Mostly cloudy 75°F
_______
yds3
Samples Taken:
Yes #
Complaint
#
No~
Cardinal Roofing
3300
Ridgewood
Springfield,
IL
62702
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY~~
~-m’
~..
Open
D~pTItispéctionçheckIist
~
LPC#
1è7~225044
J
Region
5~”
Springfield/Withers, James
-
~.
.~
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOWAIR
POLLUTION
IN
ILLINOIS
2.
9(c)
CAUSE
OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
.--
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
LII
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
Z
(2)
In Violation
of Any
Regulations or Standards Adopted by the Board
Z
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
AND REGULATIONS
LI
8.
21(p)
CAUSE
OR ALLOW THE
OPEN DUMPING
OF ANY WASTE IN
A MANNER WHICH
RESULTS
IN ANY OF THE FOLLOWING
OCCURRENCES
AT THE DUMP
SITE:
(1),
Litter
(2)
Scavenging
LI
(3)
Open
Burning
(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 #
Inspection
Date:
(7)
Deposition of General Construction or Demolition Debris;
or Clean
Construction or
Demolition
Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping
of Any
Used or Waste Tire
LI
(2)
Cause or Allow Open
Burning of Any Used or Waste Tire
LI
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
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
Informational
Notes
OTHER REQUIREMENTS
APPARENT VIOLATION OF:
(Lii)
PCB;
(Lii)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
~&-~
,~
Signature
of Inspector(s)
1.
Illinois
Environmental
Protection Act: 415 ILCS
5/4.
2.
Illinois Pollution Control
Board:
35
III. Adm. Code, Subtitle
G.
3.
Statutory
and regulatory references
herein are provided for convenience only
and should not
be
construed
as legal
conclusions
of the Agency or as limiting the Agency’s statutory or regulatory powers.
Requirements of some statutes
and regulations cited are in summary format.
Full text of requirements can
be found
in references listed in
1.
and
2.
above.
4.
The provisions of subsection (p)
of Section 21
of the Illinois
Environmental
Protection Act shall
be enforceable either
by administrative citation under Section 31.1
of the Act or by complaint
under Section 31
of the Act.
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the Illinois
Environmental
Protection Act:
415 ILCS
5/4(c)
and
(d).
6.
Items marked with
an “NE” were not evaluated
at
the time of this
inspection.
Revised 06/18/2001
(Open Dump
-
2)
SANGAMON
COUNTY
DEPARTMENT
OF PUBLIC
HEALTH
JAMES D.
STONE. M.A..
DIRECTOR
OF
PUBLIC
HFA1.rr~
MEMORANDUM
TO:
SCDPH Environmental File
FROM:
Allen Alexander, LEHP
Solid Waste Program Supervisor
Sangamon County Department ofPublic Health
Environmental Health Division
DATE:
August
18, 2004
RE:
LPC#
1678225044
-
Springfield/Withers, James
Sangamon County
On August
18,
2004 an
inspection of the above referenced property was conducted by Allen
Alexander and Adam Proctor of this Department.
Vehicles were present and television was on
yet no
one answered our knocks.
Photos OOlthru 014 illustrate the site as it appeared on this
date.
The following apparent violations were observed.
The following items
correspond to the
numbers on the attached open dump checklist:
A large amount of open dumped waste appeared to
haVe been burned on
the property.
The burned waste appeared to consist ofshingles, aerosol
cans, garbage, paint cans,
and white goods.
The burn area measured
approximately
12’ by 20’.
A nearby pile ofopen dumped shingles
covering approximately
10’
by
10’ was unburned.
2.
9(c):
See item
1.
5.
2 1(a):
In addition to item
1, three (3) inoperable vehicles have been open
dumped on the property
6.
2l(d)(1):
No permit has been granted for waste disposal at this site.
1.
9(a):
CHATHAM
ROAD
OFFICE
3130 Chatham Road,
Suite
B
Springfield,
Illinois
62704
ANIMAL
CONTROL CENTER
2100 Shale
Road
Springfield,
Illinois 62703
• Administrative
Office:
Phone:
(217)
535-3100
Fax:
(217)
535-3104
•
Environmental Health:
Phone:
(217)
535-3101
Fax:
(217)
535-3104
Clinic/Personal Health
Services:
Phone:
(217)
535-3102
Fax:
(217)
535-4155
•
Child &
Family
Connections
-
Early
Intervention
Phone:
(217) 793-3990
Fax:
(217)
793-3991
Toll-free:
1-888-217-3505
•
Healthy
Families Illinois
Phone:
(217)
793-3990
Fax: (217) 793-3991
MAIN OFFICE
2501
North Dirksen
Parkway
Springfield, Illinois
62702
Phone:
(217) 535-3065
Fax:
(217) 535-3067
PRINTED
ON
RECYCLED PAPER
6.
21(d)(2):
See
item 6 above.
8.
2l(p)(l):
See
item 5.
2l(p)(3):
See
item
1.
2l(p)(7):
See items
1
and
5.
10.
812.101(a):
No permit has been granted for waste disposal at this site
Additional Comments
The property is located at 3300 Ridgewood in Springfield
Township and is owned by Jim
and
Linda Withers.
According to
Springfield phone book,
Cardinal Roofing is also
listed at this
address.
The phone number given (544-5171) is shared by
James Withers and
Cardinal Roofing
at this
address.
See property record information in file.
The original inspection was conducted
on 6/8/04 and an
administrative citation was requested but was unable to
be served within the
required sixty (60) days.
The purpose ofthis inspection was
to assess the
status of compliance.
cc:
DLPC Division File
DLPC/FOS Region
5
SANGAMON
COUNTY
DEPARTMENT OF PUBLIC
HEALTh
JAMES
D.
STONE, M.A~
DIRECTOR OF
PUBLIC
HEALTH
SITE
SKETCH
I
SANGAMON
/~A-r-’~
Measurements
App roxi
mate
Direction
Of
Photo
_-~-
Not
to
Sca~le
rc~~
~1
?t’
;~
(to ~
Date
of
Inspection:
~//3
/C~
I.E.P.A.
Site
Code:
1
6
7
~ZZ~O~~CoUnty:
~e
Q/ti,
~M-a-r~,
~
T i me:
Site
Name:
/
I n spec to r
(
s):
4’ ~
c/A.4J~~
~e’
SANGAMON COUNTY
DEPARTMENT OF PUBLIC HEALTH
2501
North Dirksen Parkway
Springfield, Illinois
62702
(217)
535-3101
DIGITAL
Back to top
INSPECTION
PHOTOS
DATE:
08/18/2004
SITE #:
1678225044
SANGAMON COUNTY
DIRECTION:
TIME:
1015-1030
SITE NAME: Springfield/Withers, James
PHOTO BY:
ap
PHOTO FILE NAME
081 82004-ap- 1678225044-
Springfield/Withers,
James-001
PHOTO BY:ap
DIRECTION:
PHOTO FILE NAME:
081 82004-ap-
1678225044-
Springfield/ Withers,
James-002
SANGAMON COUNTY
DEPARTMENT OF
PUBLIC HEALTH
2501
North Dirksen Parkway
Springfield, Illinois
62702
(217)
535-3101
TIME:
1015-1030
Pi-IOTO
BY:
ap
DIRECTION:
PHOTO FILENAME
081 82004-ap-l678225044-
Springfield/Withers,
James-003
DIGITAL
Back to top
INSPECTION
PHOTOS
DATE:
08/18/2004
SITE #:
1678225044
SANGAMON COUNTY
SITE NAME:
Springfield/Withers, James
PHOTO BY:
ap
DIRECTION:
PHOTO FILE NAME:
08182004-ap-
1678225044-
Springfield/Withers,
James-004
SANGAMON COUNTY
DEPARTMENT OF PUBLICHEALTH
2501
North Dirksen Parkway
Springfield,
Illinois
62702
(217)
535-3101
DIGITAL
Back to top
INSPECTION
PHOTOS
DATE:
08/18/2004
SITE #:
1678225044
SANGAMON COUNTY
TIME:
1015-1030
PHOTO BY: ap
DIRECTION:
PHOTO FILE NAME
081 82004-ap-1678225044-
Springfield/Withers,
James-005
SITE NAME: Springfield/Withers, James
PHOTO BY:
ap
DIRECTION:
PHOTO FILE NAME:
081 82004-ap-
1678225044-
Springfield/Withers,
James-006
SANGAMON COUNTY
DEPARTMENT OF PUBLIC HEALTH
2501
North Dirksen Parkway
Springfield,
Illinois
62702
(217)
535-3101
DATE: 08/18/2004
SITE#:
1678225044
SANGAMON COUNTY
TIME:
1015-1030
PHOTO B~Y:ap
DIRECTION:
PHOTO FILE NAME
081 82004-ap- 1678225044-
Springfield/Withers,
James-007
SITE NAME: Springfield/Withers,
James
DIGITAL
Back to top
INSPECTION
Back to top
PHOTOS
PHOTO BY: ap
DIRECTION:
PHOTO FILE NAME:
08182004-ap-
1678225044-
Springfield/Withers,
James-008
SANGAMON COUNTY
DEPARTMENT OF PUBLIC HEALTH
• 2501
North Dirksen Parkway
Springfield, Illinois
62702
(217)
535-3101
DATE: 08/18/2004
TIME:
1015-1030
PHOTO BY:
ap
DIRECTION:
PHOTO FILE NAME
081 82004-ap- 1678225044-
Springfield/Withers,
James-009
DIGITAL
Back to top
INSPECTION
PHOTOS
SITE #:
1678225044
SANGAMON COUNTY
PHOTO
BY:
ap
DIRECTION:
PHOTO FILE NAME:
081 82004-ap-
1678225044-
Springfield/Withers,
James-U10
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SANGAMON COUNTY
DEPARTMENT OF PUBLIC HEALTH
2501
North Dirksen Parkway
INSPECTION
Sprinafield,
Illinois
62702
(217)535-3101
PHOTOS
DATE:
08/18/2004
SITE #:
1678225044
SANGAMON COUNTY
TIME:
10 15-1030
SITE NAME: Springfield/Withers, James
PHOTO E~:ap
DIRECTION:
PHOTO FILE
NAME
081 82004-ap-1678225044-
Springfield/Withers,
James-Ol
1
PHOTO BY:
ap
•DIRECTION:
PHOTO FILE NAME:
081 82004-ap-
1678225044-
Springfield/ Withers,
James-U12
SANGAMON COUNTY
DEPARTMENT OF PUBLIC HEALTH
2501
North Dirksen Parkway
Springfield, Illinois
62702
(217) 535-3101
DATE: 08/18/2004
TIME:
1015-1030
PHOTO BY:
ap
DIRECTION:
PHOTO FILE NAME
081 82004-ap-l 678225044-
Springfield/Withers,
James-U13
DIGITAL
Back to top
INSPECTION
PHOTOS
SITE #:
1678225044
SANGAMON COUNTY
II
SITE NAME: Springfield/Withers. James
1
PHOTO BY:
ap
DIRECTION:
PHOTO FILE NAME:
081 82004-ap-
1678225044-
Springfield/Withers,
James-0 14
