ILLINOIS
ENVIRONMENTAL
PROTECTION
~
1021
NORTH
GRAND
AVENUE EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-78~~j70
7
2005
JAMES
R.
THOMPSON
CENTER,
100 WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601, 312-814-~5~
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
STATE OF ILLINOIS
Pollution Control Board
(217)782-9817
TDD: (217) 782-9143
January5, 2005
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.
Double S
Masonry, Inc.,
Curtis
R.
Seei and
Ronald C. Seei
I1EPA File No. 651-04-AC; 07381 25002—Henry 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 ofthe 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 Citation Package was
sent to the Respondent(s) via
Certified Mail.
As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five
(35)
day
appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative
Citation.
Ifyou have any questions or concerns, 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
•
DES
PLAINES
—
9511
W.
Harrison
St.,
Des
Plaines, IL 60016— (847) 294-4000
ELGIN —595
South
State,
Elgin,
IL 60123— (847) 608-3131
•
PEORIA —5415 N. University St.,
Peoria,
IL 61614— (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, Collinsvil)e,
IL 62234—1618)
346-5120
MARION —2309 W. Main
St., Suite 116, Marion,
IL 62959—1618) 993-7200
Px~NTED
ON
RECYCLED
PAPER
~cRK~
0F1;CF
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 072005
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
S ~
)
v.
)
(JEPAN0. 651-04-AC)
)
DOUBLE S MASONRY, INC. CURTIS R.)
SEEI AND RONALD C.
SEEI,
)
)
Respondents.
)
NOTICE OF FILING
To:
Ronald C.
Seei
Curtis R.
Seei
26377 E.
1200 Street
19 Edgewood Drive
Geneseo, IL
61254
Geneseo, IL
61254
Double S Masonry, Inc.
Attention:
Curtis R. Seei, Registered Agent
19 Edgewood Drive
Geneseo,IL
61254
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.
Rçspectfully submitted,
~
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
Dated:
January
5,
2005
THIS
FILING SUBMITTED ON
RECYCLED
PAPER
WED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
JAN
07
2005
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
OS
V.
)
(IEPA No. 651-04-AC)
)
DOUBLE
S MASONRY,
INC.,
CURTIS R.
)
SEEI AND
RONALD C.
SEEI,
)
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
Double
S
Masonry,
Curtis
R.
Seei
and
Ronald
C.
Seei
(collectively
“Respondents”) are
the present operators of a
facility located
at
18
Edgewood
Drive,
Geneseo,
Henry
County,
Illinois.
The property is commonly known to
the Illinois
Environmental Protection
Agency as Geneseo/Double
S
Masonry,
Inc.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with
Site Code
No. 0738125002.
3.
That Respondents have
operated said facility at all times pertinent hereto.
4.
That
on
November
22,
2004,
Jeff
Port
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 Jeff Port during the course of his November 22,
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
open
burning,
a
violation
of
Section
21(p)(3)
of
the
Act, 415
ILCS
5/21 (p)(3)
(2002).
CIVIL
PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415
ILCS 5/42(b)(4-5) (2002),
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 One Thousand
Five
Hundred
Dollars
($1,500.00).
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
February
15,
2005,
unless otherwise
provided by order of the Illinois Pollution
Control
Board.
If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordancewith 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
by the Illinois Environmental
Protection Agency and
the Illinois Pollution Control Board.
Those hearing costs shall be assessed
2
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
H
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 ofthe
Illinois
Pollution
Control
Board,
interest
on
said
penalty and/or hearing
costs
shall
be
assessed
against the 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 copyof
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:
\ (5~j~
Renee Cipriano,
Directo
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
RECE
WED
CLERK’S OFFICE
REMITTANCE
FORM
JAN
072005
•
STATEOFILLINOIS
ILLINOIS
ENVIRONMENTAL
)
pollution Control Board
PROTECTION AGENCY,
)
Complainant,
AC
v.
)
(IEPA No. 651-04-AC)
DOUBLE S MASONRY,
INC.,
CURTIS R.
SEEI AND
RONALD
C.
SEEI,
)
Respondents.
)
FACILITY:
Geneseo/Double
S Masonry,
Inc.
SITE CODE NO.:
073812500?
COUNTY:
Henry
CIVIL PENALTY:
$1,500.00
DATE
OF INSPECTION:
November 22, 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
Open
Dump Inspection Checklist
Region:
3
-
Peoria
County:
Henry
LPC#:
0738125002
Location/Site Name:
Geneseo/Double S Masonry,
Inc.
Date:
11/22/2004
Time:
From
11:25 AM
To
11:40 AM
Previous
Inspection Date:
06/17/2004
Inspector(s):
Jeff Port,
Rob Wagner
Weather:
Overcast
55
Degrees F
No. of Photos Taken:
#
13
Est. Amt. of Waste:
100
yds3
Samples Taken:
Yes #
Interviewed:
No one Present
Complaint #:
C-2004-051-P
Ronald
C.
Seei
Responsible Party
26377
E 1200 St
Mailing Address(es)
and Phone
Geneseo, IL
61254
Number(s):
309/441-5364
Double S Masonry,
Inc.
Attention:Curtis Seei
Registered Agent
19
Edgewood Drive
Geneseo, IL
61254
309/441-5665
No
~
Curtis R.
Seei
19 Edgewood Drive
Geneseo, IL
61254
309/441-5665
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
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
5.
21(a)
CAUSE OR ALLOW
OPEN DUMPING
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
6.
21(d)
OPERATION:
________
(1)
Without a Permit
________
(2)
In Violation of Any Regulations or Standards Adopted by the Board
DISPOSE,
TREAT, STORE,
OR ABANDON ANY WASTE, OR TRANSPORT ANY
7.
21(e)
WASTE
INTO THE
STATE AT/TO SITES
NOT MEETING
REQUIREMENTS 0
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE
IN A MANNER WHICH
RESULTS
8.
21(p)
.
IN ANY OF THE
FOLLOWIN
~IIDD~It~C
AT
THE
DUMP SITE~
-
(1)
Litter
(2)
Scavenging
(3)
Open Burning
Revised 06/18/2001
(Open Dump
-
1)
(4)
Deposition of Waste in Standing or Flowing Waters
•
E
(5)
Proliferation of Disease Vectors
D
(6)
Standing
or Flowing
Liquid
Discharge from the Dump
Site
D
LPC #
0738125002
--
Henry
County
Inspection
Date:
11/22/2004
(7)
Deposition of General
Construction or Demolition Debris;
or Clean Construction or
D~mnIifionDebris
9.
55(a)
(1)
NO PERSON SHALL:
Cause or Allow 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
OPERATE A LANDFILL
11.
722.111
•
HAZARDOUS WASTE DETERMINATION
12.
808.1 21
SPECIAL WASTE
DETERMINATION
•
•
13.
809.302(a)
ACCEPTANCE
OF
SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(0)
PCB;
(0)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
-
Informational Notes
9
M~AY~
0 ~5
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 I
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:
Revised 06/18/2001
(Open Dump -2)
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
-
3)
0738125002
--
Henry County
Geneseo/Double S Masonry,
Inc.
November 22, 2004
Jeff Port
Page
1
•
Narrative
On November 22, 2004, I (JeffPort) performed a follow-up inspection at the Double
S
Masonry,
•
Inc.
facility located in rural Henry County near Geneseo.
The purpose ofthis
inspection was
to
determine if compliance had been achieved with respect to violations
observed during a June 17,
2004 complaint investigation (C-2004-051-P).
•
I arrived at the site at
11:25
AM.
I was accompanied by Rob Wagner, DLPC/FOS-Peoria.
The
weather was overcast and cool, approximately
55
°F. Upon entering the property, I immediately
noticed a bum pile on the property.
This
pile was observed during the previous inspection.
As
we exited the vehicle, a second bum pile was observed.
This
second burn pile had been placed
on sheets of metal. This pile was not present during the previous inspection.
We proceeded to
•
the
office
and
I
knocked
on
the
door.
No
one
answered
the
door.
We
proceeded
to
the
•
southwestern portion ofthe property, where
I previously observed waste materials open dumped
and
waste tires.
Photographs
P1 though PS
show this area.
It appeared that
additional material
had
been placed
in
this
area
Newly deposited soil,
concrete,
and
cinder blocks
were present
here.
Waste tires observed previously remained.
Photograph P6 shows the southern slope ofthe
property.
Photographs
P7 through
PlO show
the new burn pile.
Pieces
of processed
wood,
landscape
waste,
metal,
wire,
nails,
and
screws
were
observed
in
this
pile.
Photographs
P11
through
P13
show
the
bum
pile
that
was
observed
dunng
the
imtial
inspection
Landscape
waste, processed wood, cardboard, paper, and an aerosol can were observed burned in this pile.
After photographing the
site,
we left at
11:40
AM.
Photograph
locations
are depicted
on
the
accompanying site map.
Based upon this
inspection, the following violations
were found to
be
continuing and are indicated on the accompanying checklist
1
Pursuant
to
Section
9(a)
of the
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 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
A
violation
of Section
9(a)
is
alleged
for the
following
reason:
Evidence
of
open
burning which
would
cause
or
tend
to
cause
air pollution in
Illinois was
observed
during the inspection
2.
Pursuant
to
Section
9(c)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(c)),
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 áhamber
not
specifically
designed
for
the
purpose
and
approved
by
the
Agency
pursuant
to
regulations adopted by the Board under this Act.
A
violation
of
Section
9(c)
is
alleged
for
the
following
reason:
Evidence
of
open
burning was observed during the inspection
0738125002
--
Henry County
Geneseo/Double
S Masonry,
Inc.
November 22, 2004
Jeff Port
•
Page2
3.
Pursuant
to
Section
12(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
•
5/12(a)),
no
person
shall
cause
or threaten or allow the
discharge of any
contaminants
into
the
environment
in
any
State
so as
to
cause or
tend to
cause
water
pollution
in
Illinois,
either
alone or in
combination
with
the matter
from
other
sources, or so as
to
•
violate regulations or standards adopted by the Pollution Control Board under this Act.
A
violation
of
Section
12(a)
is
alleged
for
the
following
reason:
The
discharge
of
contaminants
was
caused,
threatened,
or
allowed,
so as
to
cause
or
tend
to cause
water pollution in Illinois.
4.
Pursuant
to
Sectjon
12(d)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/12(d)),
no
person
shall
deposit
any
contammants
upon
the
land
in
such
place
and
manner so as to create a water pollution hazard.
A
violation of Section
12(d)
is
alleged
for the following
reason
Contaminants
were
deposited
upon
the land
in such place and manner so as to create
a water pollution
hazard.
5
Pursuant
to
Section
21(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(a)), no person shall cause or allow the open dumping ofany waste.
A
violation
of Section
21(a)
is
alleged
for
the
following
reason:
Evidence
of
open
dumping
of
waste was observed during the inspection.
6
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
conditions imposed by suchpermit
•
A violation of Section 21(d)(1) is alleged for the following reason:
Waste was disposed
without a permit granted by the Illinois EPA.
Pursuant
to
Section
21(d)(2) of the
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
of any
regulations
or standards
adopted by
the Board
under this Act.
A
violation of Section
21 (d)(2)
is
alleged for the following reason:
A waste
disposal
operation was conducted in
violation of
regulations adopted by
the Ilhnois Pollution
Control Board.
7.
8.
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
0738125002
--
Henry County
Geneseo/Double S Masonry, Inc.
November 22,
2004
Jeff Port
Page
3
waste into
this
State for disposal, treatment,
storage or abandonment,
except at a
site or
facility
which
meets
the
requirements
of this
Act
and
of regulations
and
standards
thereunder.
A violation of Section
2 1(e) is
alleged for the following reason:
Waste was disposed at
this
site
which
does
not
meet
the
requirements
of
the
Act
and
regulations
thereunder.
9.
Pursuant
to
Section
21QD)(1) of the
Illinois
Environmental
Protection Act (415
ILCS
5/21(p)(1)), 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 specj/led in this subsection
~i)
shall be enforceable by the Agency either
by administrative citation under Section 31.1 of this Act or as otherwiseprovided by this
Act.
The
specific prohibitions
in
this subsection do
not
limit the power ofthe Board
to
establish regulations or standards applicable to open dumping.
A violation of Section 21(p)(1)
is alleged for the following reason:
The open dumping
of waste was caused or allowed in
a manner which resulted in litter.
10.
Pursuant to
Section
21(p)(3) of the
Illinois
Environmental
Protection Act
(415 ILCS
5/21(p)(3)), no person shall, in violation ofsubdivision (a) ofthis Section,
cause or allow
the open dumping ofany waste in
a manner which results in
open burning.
•
A violation of Section 21 (p)(3)
is alleged for the
following reason:
The open
dumping
ofwaste
was caused or
allowed in
a manner which resulted in
open burning.
11.
Pursuant
to
Section 21(p)(7) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21 (p)(7)) no
person shall cause or allow the open
dumping of waste
in a manner that
results in deposition of (i) general construction or demolition debris as defined in Section
3.160(a) ofthis Act; or (ii) clean construction or demolition debris
as defined in Section
3.160(b) ofthis Act.
A violation of Section 21Q,)(7)
is alleged for the following reason:
The open
dumping
-•
ofwaste was caused or allowed
in
a manner which
resulted in deposition of general
or clean construction or demolition debris.
12.
Pursuant
to
Section
55(a)(l)
of
the
Illinois
Environmental
Protection Act
(415 ILCS
5/55(a)(1)),
no person shall cause or allow the open dumping ofany used or waste tire.
A
violation of Section
55(a)(l)
is
alleged for the
following reason:
Evidence
of
open
dumping of used or waste tires was observed during the inspection.
0738125002
--
Henry County
Geneseo/Double
S Masonry, Inc.
November 22, 2004
JeffPort
Page 4
13.
2Pursuant
to
35
Ill.
Adm.
Code
812.101(a),
all
persons,
except
those
specifically
exempted by
Section
2 1(d) ofthe
Illinois
Environmental
Protection Act,
shall submit
to the Agency an
application for a permit to develop and operate a landfill.
A violation of 35
Ill. Adm.
Code 812.101(a) is alleged for the following
reason: A waste
disposal site was operated without submitting
to
the Illinois
EPA an application
for
a permit to develop and operate a landfill.
0738125002
--
Henry County
Geneseo/Double
S Masonry, Inc.
FOS File
DATE:
November 22, 2004
TIME:
11:32AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE
NAME:
0738125002—41222004-001 .jpg
COMMENTS:
DATE:
November 22, 2004
TIME:
11:33AM
PHOTOGRAPHED BY:
JeffPort
•
DIRECTION:
Photograph taken
toward the
west.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE
NAME:
0738125002—11222004-002.jpg
COMMENTS:
DOCUMENT FILE NAME:
0738125002-11222004.doc
Site Photographs
Page
1 of
7
0738125002
--
Henry County
Geneseo/Double
S Masonry,
Inc.
FOS File
DATE:
November 22, 2004
TIME:
li:33AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the
northwest.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH
FILE
NAME:
0738125002—1 1222004-003.jpg
COMMENTS:
DATE:
November 22, 2004
TIME:
11:34AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the
southwest.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH
FILE NAME:
0738125002—4 1222004-004.jpg
COMMENTS:
Site Photographs
Page 2 of
‘7
DOCUMENT FILE NAME:
0738125002-41222004.doc
0738125002
--
Henry County
Geneseo/Double
S Masonry, Inc.
FOS
File
DATE:
November 22, 2004
TIME:
11:34AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH
NUMBER:
5
PHOTOGRAPH FILE NAME:
0738125002—i 1222004-005.jpg
COMMENTS:
DATE:
November 22, 2004
TIME:
11:35AM
PHOTOGRAPHED
BY:
Jeff
Port
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE NAME:
0738125002—ii222004-006.jpg
COMMENTS:
Site Photographs
Page 3 of
7
DOCUMENT FILE NAME:
0738125002—ii222004.doc
0738125002
--
Henry County
Geneseo/Double S
Masonry, Inc.
FOS File
DATE:
November 22, 2004
TIME:
11:36AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
towardthe south.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
0738125002—1 1222004-007.jpg
COMMENTS:
DATE:
November 22, 2004
TIME:
11:36AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
0738125002-4 1222004-008.jpg
COMMENTS:
DOCUMENT FILE
NAME:
073812500Z—11222004.doc
Site Photographs
Page 4 of
7
~l.
~
-_‘.
.--—.
~
—
:~Jt~~
11
---I
___
-
___
1.~ ~ ..t3t
*
-,
—4;’-
.-t--~
~,.
0738125002
--
Henry County
Site Photographs
Geneseo/Double S Masonry, Inc.
Page
5
of
7
FOS
File
DATE:
November 22, 2004
TIME:
11:36AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE NAME:
0738125002—il222004-009.jpg
COMMENTS:
DATE:
November 22, 2004
TIME:
11:36AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
towardthe
southeast.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE
NAME:
0738125002—i i222004-010.jpg
COMMENTS:
DOCUMENT FILE NAME:
0738125002—i i222004.doc
0738125002
--
Henry County
Geneseo/Double S Masonry, Inc.
FOS File
DATE:
November 22, 2004
TIME:
11:37AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
0738125002—i 1222004-01 1.jpg
COMMENTS:
DATE:
November 22, 2004
TIME:
11:37AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH
FILE
NAME:
0738125002—i1222004-012.jpg
COMMENTS:
H
•
DOCUMENT FILE NAME:
0738125002—i i222004.doc
Site Photographs
Page 6 of
7
0738125002
--
Henry County
Geneseo/Double S Masonry, Inc.
FOS File
DATE:
November 22, 2004
TIME:
11:37AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILENAME:
0738125002—i 1222004-013.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0738125002—i1222004.doc
Site Photographs
Page 7of7
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
Ronald
and Curtis Seei,
DBA
Double
S Masonry and Carpentry)
IEPA DOCKET NO.
RESPONDENT
Affiant, Jeff Port,
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
tr
hereto.
2.
On November 22,
2004,
between 11:25 AM and 11:40 AM,
Affiant
conducted an inspection of the open dump in Henry County,
Illinois, known as Double S Masonry and Carpentry,
Illinois
Environmental Protection Agency Site No. 0738125002.
3.
Affiant inspected said Double S Masonry and Carpentry
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 Double S Masonry and Carpentry open dump.
•
•
Subscribed and Sworn to before
•
me this
/0
day of
Lc~k~ ~
OFF
m~sSxpjre51/27
PROOF OF SERVICE
Thereby certifythat I didon the 5thdayof
January 2005,
sendbyCertifiedMail, Return Receipt
Requested, with postagethereon fully prepaid, by depositing in a United States Post OfficeBox a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMiNISTRATIVE
CITATION,
AFFIDAVIT,
and OPEN DUMP iNSPECTION CHECKLIST
To:
Ronald C.
Seei
Curtis R.
Seei
26377 E. 1200 Street
19 EdgewoodDrive
Geneseo,IL
61254
Geneseo,IL
61254
Double S
Masonry, Inc.
Attention:
Curtis R. Seei, Registered Agent
19 Edgewood Drive
Geneseo,IL
61254
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy
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 ProtectionAgency
1021
North Grand Avenue East
P.O. Box
19276
•
Springfield, Illinois 62794-9276
•
(217)782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
