INFORMATIONAL NOTICE’
‘I
CLERKS O~F1CE
•
‘:
MAR
•
•,
••.
STATEOFILLINOIS.
•
Pollution Control
Board.
IT IS
IMPORTANT
THAT YOU READ THE
ENCLOSED DOCUMENTS.:
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 theILLINOIS
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 Environmenthl
Protection
Agency at the address given above and should
be marked to the
ATTENTION:
DIVISION
OF LEGAL COUNSEL.
.
•
NOTE:
r
L
• 2~••
•
~.
••
•
•.:
••,:
•
•
RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
•
•
•
•
MAR212005
•
•
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
•
)•
Pollution Control
Board
PROTECTION AGENCY,
)
)
Complainant,
•
•
•
)
AC
O5~~
•
)
V.
)
(IEPA No.
52-05-AC)
)
KEN EDWARDS,
)
)
Respondent.
•
)
•
NOTICE
OF FILING
To:
Ken Edwards
•
3655
Edwardsville Road
Edwardsville, IL
62025
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board ofthe
State ofIllinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and
OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
~
•
Jai~fes
M. Kropid
Sc(~cial
Assistant Attorney General
Illinois Environmental Protection Agency
V
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
March
14,
2005
•
THIS FILING SUBMIHED ON
RECYCLED
PAPER
RECE~VED
CLERK’S OFFICE
•
•
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
ADMINISTRATIVE CITATION
•
MAR
21
2005
•
•
•
••
STATEOFILLINOIS
Pollution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
•‘
•
AC
O~T’(~70
v.
)
(IEPA No.
52-05-AC)
KEN EDWARDS,
)
•
Respondent.
JURISDICTION’
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental
Protection Agency by Section
31.1
of the Illinois Environmental Protection Act, 415
ILCS 5/31.1
(2002).
•
FACTS
1.
That Ken
Edwards (“Respondent”) is the present owner and
operator of a facility
•
located
at
3655
Edwardsville
Road,
Edwardsville,
Macoupin
County,
Illinois.
The
property
is
commonly known to the Illinois Environmental Protection Agency as Woodburn/Edwards.
•
•
•
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
•
‘
Protection Agency
Operating Permit and
is designated with
Site Code
No.
1178045001.
L
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on January24, 2005, Jan Mier of the
Illinois Environmental Protection Agency’s
Rockford
Regional Office
inspected the above-described facility.
A copy of her inspection report
setting forth the
results of said
inspection
is attached hereto and made a part hereof.
VIOLATIONS
•
‘
•
Based upon direct observations made by Jan Mier during the course of her January 24, 2005
inspection of the above-named facility, the Illinois Environmental Protection Agency has detemiined
that
Respondent has
violated the Illinois
Environmental
Protection
Act
(hereinafter, the “Act”) as
follows:
(1)
That
Respondent caused
or allowed
the
open
dumping
of
waste
in
a
manner
•
resulting
in
litter,
a
violation
of Section
21(p)(1)
of th.~Act, 415
ILCS 5/21(p)(l)
(2002).
CIVIL
PENALTY
On June 22, 2000, the Board found Ken Edwards in violation of Section 21 (p)(1
)
of the Act in
AC 04-47.
Because this Administrative Citation addresses a second orsubsequent violation of Section
21(p)(l)
of
the Act,
pursuant to
Section
42(b)(4-5)
of the
Act, 415
ILCS
5/42(b)(4-5)
(2002),
Respondent is subject
to
a
civil penalty of Three
Thousand Dollars
($3,000.00) for each
of the
violations identified above,
fora total of Three Thousand Dollars ($3,000.00).
If Respondent elects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and
payable
no
later than
April
15, 2005,
unless
otherwise
provided
by order of the
Illinois
Pollution
Control Board.
IfRespondent elects to contestthis Administrative Citation by petitioning the Illinois Pollution
Control Board in acôordance 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,
Respondent 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 Three Thousand Dollar
($3,000.00) 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 Respondentfails
to petition or elects not to petition the Illinois Pollution Control
Board for review of this Administrative
2
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,
Respondent
shall
complete and
return
the enclosed
Remittance Form to
ensure proper~documentationof
payment.
Ifanycivil penaltyand/orhearing costs are notpaid within thetime prescribed byorderofthe
Illinois
Pollution
Control
Board,
interest
on
said
penalty and/or hearing
costs
shall
be
assessed
against the Respondent from the date payment is due up to and including the date that payment is
received.
The
Office
of the
Illinois Attorney General
may
be
requested
to
initiate proceedings
against Respondent
in Circuit Court to collect said
penaltyand/or hearing
costs,
plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest
this
Administrative
Citation
pursuant
‘to
and
in
accordance with
Section 31.1
oftheAct, 415
ILCS 5/31/1
(2002).
If Respondent elects to contest
this Administrative
Citation,
then
Respondent shall file
a signed
Petition
for Review, including
a
Notice
of
Filing,
Certificate
of
Service,
and
Notice
of
Appearance,
with
the Clerk
of the
Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
A copy of said Petition for Review shall be filed with
the Illinois
Environmental Protection
Agency’s Division of Legal Counsel at
1021
North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section 31.1 of the Act provides that any Petition for Review shall be filed within
thirty-five
(35)
days
of the date
of service
of
this Administrative
Citation
or the
Illinois
Poflution
Control
Board shall enter a default judgment against the Respondent.
.t~’bA~C..L
‘Date:
_________
Renee Cipriano,
Director
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~VED
REMITTANCE FORM
•
•‘
•
CLERK’S OFFICE
•
MAR
21
2005
ILLINOIS
ENVIRONMENTAL
)
STATE OFILLINOIS
PROTECTION AGENCY,
)
‘
•
Pollution Control Board
Complainant,
)
AC
O~
~
v.
)
(IEPA No. 52-05-AC)
•KEN
EDWARDS,
)
Respondent.
)
FACILITY:
Woodburn/Edwards
SITE CODE
NO.:
1178045001
COUNTY:
Macoupin
•
,
CIVIL
PENALTY:
$3,000.00
DATE OF INSPECTION:
January 24, 2005
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:
)
•
)
illinois
Environmental
.
)
Protection Agency
)
)
vs.
‘,,
,
)
IEPA DOCKET NO.
•
)
Ken Edwards
)
Respondent
•
‘
)
)
)
Affiant,
Jan Mier,
being first
duly sworn, voluntarily deposes and states as follows:
1.
Afflant is a field inspector employed by the Division ofLand Pollution Control/Field
Operations Section ofthe Environmental Protection Agency and has been so employed at
all times pertinent hereto.
2.
On January 24, 2005 between 3:10 p.m.
and 3:40 p.m., Affiant conducted
an
inspection ofan open dump, located in Macoupin County, Illinois and known as
Woodburn/Edwards
by the Illinois
Environmental Protection Agency.
Said
site has been
assigned site code number LPC
# 1178045001
by the Agency.
3.
Afflant inspected
said site by an on-site inspection, which included walking and
photographing the
site.
4.
As a result ofthe activities referred to in Paragraph 3 above, Affiant completed the
•
Inspection Report
form attached hereto and made a part hereof, which, to the bestof
•
‘
Affiant’s knowledge arid belief, is an accurate representation ofAffiant’s observations and
factual conclusions with respect to
said open dump.
U
Jan Mier
Subscribed and Sworn to Before Me
this ~5day
of~~~2005
‘
NotaryPubh~~~--~
OFF~C~L
SEAL
CH4RL~~
~
P0WEi~
NO~~
‘~‘~
•
~
~oo8
• ‘•.cr.aa..r~
-~•,.•“.•t•• •, •.
—4’.”.”
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump Inspection Checklist
County:
‘
Macoupin
‘
‘
LPC#:
1178045001
Location/Site
Name:
Woodburn/Edwards.
Date:
1/24/05
Inspector(s):
JAN
MIER
No. of Photos Taken:
#
11
Interviewed:
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
““From
3:10 p.m.
To
3:40
p.m.
Previous Inspection Date:
Weather:
42 F, SUNNY
Est. Amt. of Waste:
300
,‘
yds~Samples Taken:
Yes #
Complaint #:
Region:
SPFLD
2/11/03
No
X
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)
CAUSEORALLOWOPENDUMPING
‘
X
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
WASTE INTO THE STATE AT/TO
SITES NOT
MEETING
REQUIREMENTS OF ACT
AND REGULATIONS
X
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
‘
‘
.
X
(2)
Scavenging
‘
‘‘
(3)
Open Burning
‘
‘
‘
‘
‘
-‘
(4)
Deposition of Waste
in Standing or
Flowing Waters
L
‘
(5)
Proliferation
of Disease Vectors
‘
LI
•
(6)
Standing or Flowing
Liquid Discharge
from the Dump
Site
LI
KEN EDWARDS
•
3655
EDWARDSVILLE ROAD
EDWARDSVILLE,
IL 62025
618/656-4303
~evised 06/18/2001
(Open Dump
-
1)
LPC#
‘
1178045001
Inspection Date:
1/24/05
(7)
Deposition
Demolition
of General
Debris
Construction or Demolition
‘
Debris; or
.
Clean Construction or
‘
9.
55(a)
NO PERSON, SHALL:
Cause orAllow Open
Dumping of Any Used or Waste Tire
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
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.’
808.121
SPECIAL WASTE DETERMINATION’
ACCEPTANCE
OF SPECiAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT,
UNIFORM WASTE PROGRAM REGISTRATION AND
•
13.
809.3O2(a~ PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS,
‘..‘
‘
‘:
14.
APPARENT VIOLATION OF:
(U)
PCB;
(El)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
‘
(1)
(2)
Informational Notes
1.
2.
3.
k.i
Signat~Jre
of Inspector(s)
Illinois
Environmental
Protection Act: 415
ILCS
/4.
Illinois Pollution
Control’ Board: 35 Ill.
Adm.
Code,
Subtitle
G.
Statutory and regulatory references herein are provided forconvenience only and should not be construed as
legal
conclusions
of the Agency or as limiting the Agency’s statutory or regulatory powers.
Requirements of some statutes
and regulations cited
are in summary format.
Full text of requirements can
be found
in references listed in 1. and 2.
above.
4.
The provisions of subsection (p) of Section
21
of the llljnoisl
Environmental Protection Act shall
be enforceable either
by’ administrative citation under Section 31.1
of the Actor 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)
Illinois Environmental Protection Agency
Inspection Narrative
LPC#1178045001
-
Macoupin
County
Inspection Date: 1/24/05
Woodburn/Edwards
Inspector: Jan Mier
FOS File
“
On
January 24,
2005,
I conducted an inspection at the above-referenced site.
I was
accompanied by Paul Eisenbrandt, DLPCIFOS
—
Springfield Regional
office.
This site
has been used for open dumping in
the past.
An Administrative Citation (AC 00-08) was
issued to the property owner, Ken Edwards on ‘May
1,
2000.,
The site was returned to
compliance on 9/27/00, but no letter was sent
to Mr. Edwards because he never submitted
receipts verifying the proper disposal of the waste.
Mr. Edwards owns salvage yards in
Alton and Edwardsville, IL.
An inspection was last conducted on 5/11/03 when’
violations we,re again observed.
We arrived at 3:10 p.m.
There
is a mobile home on site and I knocked on the door, but
no
one answered.
I observed approximately 50 used vehicles, many unlicensed (see
photo #001
and #009).
Some were in a state ofdisrepair or partially dismantled, as seen
in photo #002 and #003.
Used tires were stacked and scattered around the site (see photo
#003 and photo
#005).
Scrap metal and used vehicleparts were also observed throughout
the site.
A pile of.pallets and lumberwas observed approximately 30’ by
25’
by 4’ (see
photo #006).
Other wood and lumber were scattered around (see photo
#004 and #009)
walking east, a pile about 40’ .by 20’ by
12’ ofrusted metal and vehicle parts was
observed .(see photo #007).
More abandoned vehicles were observed on the eastern part
ofthe property (see photo #008).
A semi trailer that I allowed Mr. Edwards to keep
during the last inspection was still
on site.
The sides ofthe trailer were bulging and split
and
appeared to be filled with lumber and
landscape waste.
We departed at 3:40 p.m.
•
‘
‘~E~CI~IVED
cc:
DLPC/FOS
—
Springfield Region
C~cq
o ~
IEPA~BOL
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date ofInspection:
1/24/05
Inspector:
Jan Mier
Site Code:
LPC#1178045001
County:
Macoupin
Site:
“
WoodburnlEdwards
Time:
.
3:10 p.m.
—
3:40 p.m.
NORTH
Measurements Approximate
Direction of Photo
—~
Not to Scale
14,
II
-
~
~
~
f~
(9~
•
• •
U
0
~1’
2
Illinois Environmental
Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1178045001
—
Macoupin
County
Woodbum/Edwards
FOS File’
Date: 1/24/05
Time:
3:22
p.m.
Direction: S
Photo by: Jan
Mier
Exposure #: 001
Comments:
Unlicensed vehicles
Date:
1124/05
Time: 3:23 p.m.
•
Direction:
E
Photo by: Jan
Mier
Exposure #:.002
Comments:
Vehicles, vehicle parts,
and used tires
DIGITAL PHOTOGRAPHS
File Names:1178O45001—O1242O05-E~cp. #.jpg
Page
1
of 5
•~
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1178045001
—
Macoupin
County
Woodbum/Edwarc1~
FOS File
DIGITAL PHOTOGRAPHS
Date:
1/24/05
‘Time: 3:24 p.m.
Direction: E
Photo by: Jan
Mier
Exposure #: 003
Comments:
File Names:
11
780450Ô1-01242005-Exp.
#.jpg
Used tires on
and off
the
rim,
stacked next
to a camper
Date:
1/24/05
Time: 3:24 p.m.
Direction: 5’
Photo
by: Jan Mier
Exposure #: 004
Comments:
Vehicles,
vehicle parts,
lumber, and used tires
Page 2
of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1178045001
—
Macoupin County
WoodbumlEdwards
FOS File
Date:
1/24/05
Time: 3:25 p.m.
Direction:
SW
Photo by: Jan Mier
Exposure #: 005
Comments:
Used tire pile, lumber,
and vehicles
Date: 1/24/05
Time:
3:25 p.m.
Direction: SW
‘
Photo by: Jan Mier
Exposure #:
006
Comments:
Pallets and lumber
File Names:1 178045001-01242005-Exp.
#.jpg
Page 3 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1178045001
—
Macoupin County
WoodbumlEdwards
FOS File’
Date:
1/24/05
Time: 3:27 p.m.
Direction:
N
Photo by: Jan Mier
Exposure #:
007
Comments:
Pile of rusted metal
and vehicle
parts
Date:
1/24/05
Time: 3:28 p.m.
Direction:
E
Photo by: Jan Mier
Exposure #:
008
Comments:
Vehicles, vehicle parts,
and semi trailer in
background
DIGITAL PHOTOGRAPHS
File Names:1 178045001
—01
242005-Exp.
#.jpg
Page 4
of5
Illinois Environmental Protection Agency
BUreau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1178045001
—
Macoupin County
Woodbum/EdwarcI~’
•
FOS File
Date: 1/24/05
Time:
3:34 p.m.
Direction: SE
‘Photo by: Jan Mier
‘Exposure #: 009
Comments:
Unlicensed vehicles
and parts
File Names:
1178045001—01242005-(Exp. #.jpg
Page 5 of5
PROOF OF SERVICE
I hereby certify that I did on the 14th dayofMarch 2005, sendby Certified Mail, Return Receipt
Requested, with postagethereon fully prepaid, by depositing in a UnitedStates Post Office Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMiNISTRATIVE
CITATION,
AFFIDAVIT, and
OPEN DUMP INSPECTION CHECKLIST
-
To:
Ken Edwards
3655 Edwardsville Road
Edwardsville, IL
62025
and the original and nine (9) true
and correct copies of the 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
~
Jam~~4.Kropid
Spe
ial 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
