RECE~VEP
CLERK’S 0FF~CF
MAY
232005
I ?-
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 James
R. Thompson
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.0
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: DIVISION OF LEGAL COUNSEL.
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice
law.
Individuals may
appear on their own behalf,.or through
an attorney.
35 Ill..Adm.
Code 101.400(a).
.
RECE WED
CLERK’S OFEtCE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
MAY
232005
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
(J~-’
)
v.
)
(IEPAN0.
144-05-AC)
)
GARY CLOVER, dlb/a CLOVER
)
CONCRETE,
)
)
Respondent.
)
NOTICE OF FILING
.
To:
Gary Clover, d/b/a Clover Concrete
11704 North Route 37
Marion, Illinois
62959
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATiVE
CITATION, AFFIDAVIT; and OPEN DUMP Th~SPECTIONCHECKLIST.
Respectfully submitted,
//~~
~
Jai~tesM.Kropid
S/ecial Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
May 19, 2005
THIS
FILING SUBMfITED ON
RECYCLED PAPER
RECE WED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
MAY
232005
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
AC
-
V.
.
)
(IEPA No. 144-05-AC)
GARY CLOVER,
dibla
CLOVER
)
CONCRETE,
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 Gary Clover, d/b/a Clover Concrete (“Respondent”) is the present owner and
operator of a facility-located
at 11704 N. Route 37, Marion, Williamson County,
Illinois. The property
is commonly
known
to
the
Illinois
Environmental
Protection
Agency as
Clover Concrete (Gary
Clover).
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and
is designated with Site Code
No. 1990555132.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That
on
March
31,
2005,
Scott
Arnold
of
the
Illinois
Environmental
Protection
Agency’s Marion Region~l
Office inspected the above-described facility.
A
copy of his inspection
report setting forth the .resu Its of said
inspection
is attached hereto
and made a part hereof.
1
VIOLATIONS
Based
upon direct observations made
by Scott Arnold during the course of
his
March 31,
2005
inspection
of the
above-named
facility, the
Illinois
Environmental
Protection
Agency
has
determined 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 the Act, 415
ILCS 5/2l(p)(1)
(2002).
(2)
That
Respondent
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
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
the
deposition
of waste
in
standing
or flowing
waters,
a
violation
of
Section 21 (p)(4) of the Act, 415 ILCS S/21(p)(4) (2002).
CIVIL
PENALTY
On
March 18, 2004, the
Board found
Gary Clover in violation of Section 21(p)(l) of the Act
in AC 04-37.
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 the violation
of
Section
21(p)(l).
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 OneThousand Five Hundred Dollars
($1 ,500.00) for each
of
the
other
violations
identified
above,
for
a
total
of
Six
Thousand
Dollars
($6,000.00).
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 June 15,2005, unless otherwise provided by
2
order of the Illinois Pollution Control Board.
If Respondentelects 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,
Respondentshall 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 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 Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for reviewof 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,
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 documentation of payment.
If any civil penaltyand/or hearing costs are not paid within the time prescribed by order of the
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
penalty and/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
of the Act, 415 ILCS
5/31/1
(2002).
IfRespondent 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 th~
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 thatany 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:
_______
Renee Cipriano, Dirictor
‘~—
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
RECEIVED
CLERK’S OFFICE
REMITTANCE
FORM
MAY
232005
STATE OF ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
.)
AC
0—’
)
V.
)
(IEPA No.
144-05-AC)
)
GARY CLOVER, d/b/a
CLOVER
)
CONCRETE,
)
)
)
Respondent.
FACILITY:
Clover Concrete (Gary Clover)
SITE CODE
NO.:
1990555132
COUNTY:
Williamson
CIVIL PENALTY:
$6,000.00
DATE
OF INSPECTION:
March 31, 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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLNOIS
ENVIRONMENTAL PROTECTION AGENCY
)
)
Complainant,
)
)
).
-
IEPA DOCKET NO.
v.
-
)
)
Clover Concrete
)
)
Respondent.
)
AFFIDAVIT
Affiant, ScottArnold, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by the Bureau of Air ofthe Illinois
Environmental
Protection Agency and has been so employed at all times pertinent hereto.
2.
On MarQh
30,
2005, between 9:15 a.m. and 9:30
a.m., Affiant conducted an inspection
ofa disposal site operated by Clover Concrete (Gary Clover), located in Williamson County,
Illinois, and known as Clover Concrete by the Illinois Environmental
Protection Agency
Said
site has been assigned site code number 1990555132 by the Agency.
.
3.
Affiant inspected said Clover Concrete site by an on-site inspection which included
walking and photographing the site.
-
.
.
4.
As a result ofthe material actions 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 Clover Concrete site.
Subscribed and Sworn to
before me
this
~
~
day of
~
~
Notary Public
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump
Inspection
Checklist
County:
Williamson
LPC#:
Location/Site
Name:
Marion
I
Clover Concrete
1990555132
Region:
7
-
Marion
Date:
03/31/2005
Time:
From
9:15 am
Inspector(s):
S. Arnold
No. of Photos Taken:
#
3
Est. Amt.
of Waste:
380
Interviewed:
R.
Clover & G. Clover
Responsible
Party
Mailing Address(es)
and
Phone
N urn be i(s):
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
Z
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without aPermit
(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
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
C2)
Scavenging
.
LIII
(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
E
To
9:30am
Previous Inspection
Date:
Weather:
Sunny,
50
_______
yds3
Samples Taken:
Yes #
Complaint #:
Clover Concrete
-
Gary
Clover
11704
N.
Route
37
Marion,
Illinois 62959
No
~
Hodge’s Tree Service
-
Jason
Hodge
20087 Ferrell Church Road
Marion,
Illinois
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1990555132
Inspection
Date:
03/31/2005
(7)
Deposition
of General Construction or Demolition Debris;
or Clean Construction or
El
D~.molition
Dp.hris
9.
55(a)
NO PERSON
SHALL:
(1)
Cause or Allow Open
Dumping of Any Used or Waste
Tire
LIII
(2)
Cause or Allow Open Burning of Any Used or Waste
Tire
El
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
El
12.
808.121
SPECIAL WASTE DETERMINATION
El
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
-
.
Eli
OTHER REQUIREMENTS
-
14.
APPARENT VIOLATION OF:
(~)
PCB;
(~)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
El
15.
OTHER:
El
El
El
El
--
-
El
El
Signature of
Inspector(s)
informational Notes
1.
Illinois
Environmental Protection Act: 415
ILCS
5/4.
2.
Illinois Pollution Control Board:35
Ill.
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)
Illinois Environmental Protection Agency
Narrative Inspection Report
Site#:
1990555132
Date:
March 31, 2005
County:
Williamson
Inspector: Scott Arnold
Subject:
Clover Concrete
On March 30,
2005, I received a complaint regarding open burning
and open dumping occurring
in
this former quany.
On March 31,
2005, I made a site inspection.
Imet with Gary and Ron Clover ofClover Concrete Products.
They have a large quarry on site.
In the bottom of the pit I noted burned, partially buried and exposed landscape waste.
-
I took
photos of this waste.
-
Mr. Clover told me Hodge Tree Services, out of Marion, had dumped some landscape/trade
waste.
He stated that
he and his son had done the burning. They were
letting Hodge bring the
materials there because “we were going to fill it up anyway”.
Tracks show
that construction
equipment was used to push the logs, limbs and root balls into the bottom of the pit.
The
exposed waste in this
area measured about 40 yards X 4 yards X 2 yards.
The pit floor was
covered with water.
The waste had been pushed into the accumulated water.
Surface debris
indicated additional wastes might have been buried here.
I advised them this was open dumping and open burning.
I also told them this was
an illegal
waste disposal operation, receiving trade waste from off site and treating that waste.
They committed to cease and desist any further activity of this nature.
They said they would bury
the remaining waste.
I told them they would be in violation if they buried the waste, as they are
not a permitted landfill.
I observed the following violation by Clover Construction Company on this day:
-
Sections 9(a) and 9(c) of the Act for causing or allowing open burning, thereby causing air
pollution leading to
a citizens complaint.
-
12 a and
12
d ofthe Act, cause or allow water pollution and creating a water pollution hazard for
wastes placed in the water accumulated in the pit.
21
a, 21
d,
21
e of the Act,
open dumping, conducting a waste disposal operation without a
permit and in violation of the standards,
and waste
disposal at a site that does not
meet the
requirements of the Act. Off site waste were observed burned and
partially buried in the pit.
There is no record of this
site having been issued
a permit for waste disposal.
21
p1,
3, and 4 of the Act, open dumping resulting in
litter,
open burning,
and waste in standing
water.
Off-site generated limbs, logs and root balls
had been disposed of at this site.
Some of
the tree waste had been open burned.
Waste was observed pushed into the water accumulated in
the bottom of the pit.
35 IAC Section 812.101
a, failure to
submit a permit application to
operate a landfill. There is no
record of a permit being applied for or being issued to this site for waste disposal.
Route
3?
1,2&3
C
Clover Concrete
1990555132 -Williamson
Co.
March 31, 2005
Clouer equipment
storage building
/
All locations are approximate
~1otto scale
0—
=
location and
direction
of photos
Water
accumultecl
in
pit
floor
Waste
pit
North
illinois
Environmental
Protection
Agency
~
Bureau ofLand
‘~‘
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1990555132
—
Williamson Coumty
Marion / Clover Concrete
FOS File
Date: March 31, 2005
Time:
Direction:
Photo by: S. Arnold
Exposure #: 001
Comments:
Date: March 31, 2005
Time:
Direction:
Photo by:
S. Arnold
Exposure #: 002
Comments:
-
File Names: 1990555132-03312005.Exp.
#J.jpg
Page lof2
illinois Environmental Protection Agency
LPC
#
1990555132
—~—
Williamson County
Bureau of Land
Marion
I
Clover Concrete
Division ofLand Pollution Control
FOS File
DIGITAL PHOTOGRAPHS
Date: March 31, 2005
Time:
Direction:
Photo by:
S. Arnold
Exposure #: 003
Comments:
Date:
-
Time:
Direction:
Photo
by:
-
Exposure #:
-
-
-
Comments:
No Photograph
No Photograph
File Names: 1990555132—03312005.Exp.
#.jpg
Page 2 of2
PROOF OF SERVICE
I hereby certify that I did on the 19th dayofMay2005, sendby Certified Mail, Return Receipt
Requested, with postagethereon fullyprepaid, by depositing in a United StatesPost OfficeBox a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT,
and OPEN DUMP INSPECTION CHECKLIST
To:
Gary Clover, d/b/a Clover Concrete
11704 North Route 37
Marion, Illinois
62959
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
!~.
~
James
M.
Kropid
-
-
Specia~AssistantAttorne~
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
