RECEIVED
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
CLERK S OFFICE
ADMINISTRATIVE CITATION
AUG
012005
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
AC
(5
C..
—
73
)
V.
)
(IEPA
No.
191-05-AC)
)
ALVA MCDOWELL,
dibla
MCDOWELL
AUCTION
SERVICE,
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 ProtectionAct;4t5
ILCS 5/31.1
(2004).
FACTS
1.
That Alva McDowell, d/b/a McDowell Auction
Service (“Respondent”) is the present
owner and operator of a facility located at 614 South Maple Street, Mulberry Grove, Bond County,
Illinois.
The
property
is commonly known
to
the
Illinois
Environmental
Protection
Agency
as
Mulberry Grove/McDowell Auction
Service.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency Operating Permit and
is designated with Site Code No. 0050105007.
3.
That Respondent has owned
and operated said facility at all times pertinent hereto.
4.
That
on
June
15,
2005,
Kendall
Couch
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 heretcraridmade
a part
hereof.
1
VIOLATIONS
Based
upon direct observations
made by Kendall Couch during the course
ofliisJune
15,
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
512l(p)(1)
(2004).
CIVIL PENALY
Pursuant
to
Section
42(b)(4-5)
of
the
Act, 415
ILCS
5/42(b)(4-5)
(2004),
respondent
is
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
Respondent elects
not
to
petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil penalty
specified above shall be due and payable no later than August 30,2005, unlessflhecwise provided
by order of the
Illinois Pollution
Control Board.
If Respondent elects to contest this Administrative Citation by petitioning the lllhioisPoiltsUoii
Control
Board
in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1(2004), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adju~icatoryhearing~
Respondentshall be assessed the associated hearing costs incurred by the Illiriuis 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) (2004), if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for review oft isMrninistrative
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
retum
the enclosed
Remittance Form to ensure proper documentation of payment.
Ifany civil penalty and/or hearing costs are not paid within the time prescribed by orderof 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 dateihatpayment is
received.
The Office
of
the Illinois
Attomey
General
may
be
requested
to
initiate proceedings
against Respondent in
Circuit Court
to collect said
penalty and/or hearing costs1plusany interest
accrued.
3
PROCEDURE
FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest
this
Administrative
Citation
pursuant
to
and
in
accordancewith Section
31.1 oftheAct,415
ILCS5/31/1
(2004).
lfRespondentelectstocontest
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 -SO0rChicago, 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 liknois Pollution
Control
Board
shall enter a default judgment against the Respondent.
P
SCM
Date:
1122105
Douglas
P.
Scott, Director
.43
‘~‘-c..
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
LEAK’S OFFI~E”
AUG
012005
ILLINOIS
ENVIRONMENTAL
)
ST
PROTECTION AGENCY,
)
PoIIui~
~
Complainant,
)
AC
)
v.
)
(IEPANo.
191-05-AC)
)
ALVA MCDOWELL,
d/bla
MCDOWELL
AUCTION
SERVICE,
)
)
Respondent.
FACILITY:
Mulberry Grove/McDowell Auction Service
SITE
CODE
NO.:
0050105007
COUNTY:
Bond
CIVIL PENALTY:
$1,500.00
DATE
OF INSPECTION:
June
15, 2005
DATE
REMITTED:
55/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 acorporation, and sign this Remittance Form.
Be
sure
your
check
is
enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmental
Protection Agency, Attn.:
Fiscal Seivices,
P.O. Box 19276,
Springfield,
Illinois
62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER
OF:
)
)
IEPA DOCKET NO.
P
-oS-AC
)
Mulberry Grove/McDowell Auction Service)
Alva McDowell
)
)
Respondent.
)
Affiant, Kendall Couch, being first duly sworn, voluntarily deposes and statesa&fo11aws~
1.
Affiant is a field inspector employed by the Bureau of
Land of the Illinois Environmental Protection
Agency and has been so employed
at all times pertinent hereto.
2.
On June, 2005, between 1:40pm
and
1:50pm, Affiant conducted
an
inspection of the open dump in Bond County, Illinois, known as
Mulberry Grove/McDowell Auction Service, Illinois Environmental Protection
Agency Site No.
0050105007.
3.
Affiant inspected said Mulberry Grove/McDowell Auction Service open dump by
an on-site inspection which included walking the site and taking photographs.
4.
As a result of the 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 ofAffiant’ s observation and factual conclusions with respect to
said
Mulberry Grove/McDowell Auction Service open dump.
Subscribed and Sworn
to before me
this 21st day ofJune 2005
GL&
Notary Public
~.fl.~fl#~fln......n.enn~.nn.ennnn,
“omcia
SEAL”
~
PAULA OTrENSMEIER
~
~
NOTARY
PUBLIC—.STATE
OF ILLINOIS
~
~
MY COMMSSION EXPIRES
NOV.
9,2007
~
~
/hdAV
~tL
Kendall Couch
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Bond
Location/Site
Name:
Date:
06/15/2005
Time:
From
1:40pm
_________
Inspector(s):
Kendall Couch-Gina
Search
No. of Photos Taken:
#
7
Interviewed:
No one
present
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
LPC#:
0050105007
Mulberry Grove/McDowell Auction
Service
Region:
6- ColIinsviIIe
To
1:50pm
Previous
Inspection
Date:
Weather:
Sunny, dry,
85 degress F.
Est.
Amt. of Waste:
15
yds3
Samples Taken:
Yes #
Complaint #:
NA
03/22/2000
__NoZ
McDowell Auction
Service
Attn. Alva McDowell
P.O Box 35
Mulberry Grove,
IL.
62262
Phone 618/425-3410-618/267-4310
r~T~VE9
JUN
2
32005
V
.
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL PROTECTION ACT
REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
Z
2.
9(c)
CAUSE
OR ALLOW OPEN
BURNING
Z
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
Eli
4.
12(d)
CREATE AWATER POLLUTION
HAZARD
E
5.
21(a)
CAUSE OR ALLOW
OPEN DUMPING
Z
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
8.
21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANYWASTE IN A MANNER WHICH RESULTS
IN
ANY OF THE
FOLLOWING OCCURRENCES AT THE DUMP SITE:
(1)
Litter
Z
(2)
Scavenging
D
(3)
Open
Burning
Z
(4)
Deposition
of Waste in_Standing_or
Flowing Waters
fl
(5)
Proliferation of Disease Vectors
E
(6)
Standing
or
Flowing
Liquid
Discharge
from the Dump
Site
E
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0050105007
Inspection
Date:
06/15/2005
(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
E
(2)
Cause or
Allow Open Burning of Any Used or Waste Tire
D
35
ILLINOIS ADMINISTRATIVE
CODE REQUIREMENTS
SUBTITLE G
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO DEVELOP AND
OPERATEALANDFILL
fl
11.
722.111
HAZARDOUS WASTE DETERMINATION
El
12.
808.121
SPECIAL WASTE DETERMINATION
El
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
El
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(Li)
PCB;
(fl)
CIRCUIT
COURT
CASE
NUMBER:
ORDER ENTERED ON:
15.
OTHER:
Informational
Notes
Illinois
Environmental
Protection Act: 415
ILCS
5/4.
Illinois Pollution
Control Board:
35
III. Adm.
Code, Subtitle
G.
Signature of Inspector(s)
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 (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.
1.
2.
3.
Revised 06/18/2001
(Open Dump
-
2)
LPC# 0050105007-Bond County
‘
~
Mulberry Grove/McDowell Auction Service
JUN
~
Date ofInspection:
June
15, 2005
“
~
2005
Prepared by: Kendall Couch
j
~‘p
n
Date: June 21, 2005
..
~~t/COL
Narrative
General Remarks
On June 15, 2005,
Gina Search (IEPA-BOL)
and I went to Mulberry Grove, Illinois to
investigate a complaint ofopen burning. The complaint alleged that McDowell
Auction
Service was burning miscellaneous items on its property in southern Mulberry Grove.
The weather was sunny, dry and
85°
F. The owner ofthis property, Alva McDowell, was
not present during this inspection.
Site History
This site is a large field containing farm equipment
and other miscellaneous sale items.
Mr. McDowell was issued a Violation Notice (L-2000-01
159)
on May 23, 2000 for open
dumping and open burning. The open dumping allegedly occurred on the southwest
corner ofMr. McDowell’s Auction Service grounds. According to
Mr. McDowellthis
ground is owned by Illinois Department of Transportation. Mr. McDowell cleaned up the
open dump
area but did not
submit a response letter or receipts to
verify proper disposal.
On July 9, 2002, I went to Mulberry Grove, Illinois
to investigate a complaint of open
burning. The complaint alleged that McDowell Auction Service was burning
miscellaneous items on its property in southern Mulberry Grove. Alva McDowell, owner
and operator was not present at time ofthis inspection.
When I arrived at the site I notice
a small
amount of smoke coming from the stutticasteur
part of McDowell Auction Service. The smoke was originating from two dumpsters.
The
dumpsters
located in the middle of a burned area. The burned area was approximately 20
by 30 yards in
diameter.
Larry Lattig was present and said he was burning some brush. When I questioned Mr.
Lattig about the dark
color of the smoke he
said some plastic may have gotteninto one of
the dumpsters. Mother worker on the site walked up and said that they were burning
counter tops and the formica was causing the black smoke.
Mr. Lattig mentioned that one
or two tires may have gotten into one ofthe dumpster by
mistake. One of the dumpsters was still
completely ignited while the other dumpster was
smoldering.
There was a large amount ofburning debris on the side ofthis
second
dumpster as well. Mr. Lattig was given a verbal warning during the July 9, 2002
inspection. No formal enforcement was pursued at time of the July
9, 2002 inspection.
LPC#
0050105007-Bond
Mulberry Grove/McDowell Auction Service
Page
2 of 2
On April 27, 2005, Ron Robeen (IEPA-BOA) and I went to Mulberry
Grove to
investigate a complaint ofopen burning.
When we arrived we observed
a dumpster, a
rusted 55-gallon drum
and burned area. The burned area appeared to be approximately 10
feet by
15
feet in diameter. Around the burned are was other miscellaneous materials on
the ground and on a trailer.
The materials included several tanks,
lawn furniture, a space heater and wood pallets~No
one was present at the site. Approximately
10 cubic yards of off-site generated waste was
observed during this
inspection. This facility is a commercial auction business.
Two
pictures were taken from the south end ofthis property. Access to
this property was
limited due to
a barbed wire fence.
Inspection
On the morning of June 15, 2005,1 spoke to Mr. McDowell via phone. Mr. McDowell
gave me verbal permission over the phone to access
his property.
On June
15,
2005, Gina Search and I returned to
this site. When we went to
the -site, I
observed a dumpster containingburned
materials as well as unburned material.
It
appeared that the dumpster had been used for burning materials in the past.
On the west side ofthis dumpster, was a burned area approximately
10 by
15
feet in
diameter. Miscellaneous items were
observed in this burned area. Materials in this burned
area included cans,
metal, wood, tree branches, residential trash and other miscellaneous
materials. This
area also contained an unburned
space heater and
some furniture.
On the south end of this area were several tires. One of the tires was not on a rim and
contained water. No mosquito larvae were observed.
Several gas cylinders were also
observed in this area.
At the conclusion ofthe inspection, I noted several violations pursuant to the Illinois
Environmental Protection Act:
Violations of Sections 9(a),
9(c), 21(a), 2l(d)(l), 21(d)(2), 21(e), 2l(p)(l) and 2I(p)(3) of
the Illinois Environmental Protection Act will be
alleged.
cc: Division File
cc: Collinsville Region
cc: BOA
State of Illinois
Environmental Protection Agency
Facility Diagram
Date ofInspection:
June
15, 2005
Site Code:
0050105007
Site Name:
McDowell Auction Service
Inspector:
Kendall couch
County:
Bond
BñDi~@~
~llcI:®
4J~
V
/
4.
Time:
1:40pm
k~flt
E1
LPC #0050105007-Bond County
Mulberry Grove/McDowell Auction Service
FOS File
DATE:
June
15, 2005
TIME:
1 :4Opm-1 :SOpm
DIRECTION:
PHOTO by:
Kendall Couch
PHOTO FILE
NAME:
00501 05007—~06152005-001
COMMENTS:
DATE:
June
15, 2005
TIME:
l:4Opm-l:5Opm
DIRECTION:
PHOTO by: Kendall Couch
PHOTO FILE NAME:
0050105007-06152005-002
COMMENTS:
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #0050105007-Bond County
Mulberry Grove/McDowell Auction Service
FOS File
DATE: June
15,
2005
TIME:
l:4Opm-1:SOpm
DIRECTION:
PHOTO by: Kendall Couch
PHOTO FILE NAME:
0050105007-06152005-003
COMMENTS:
DATE:
June
15, 2005
TIME:
l:4Opm-l:SOpm
DIRECTION:
PHOTO by:
Kendall Couch
PHOTO FILE
NAME:
00501 05007—06l 52005-004
COMMENTS:
DIGITAL PHOTOGRAPH PHOTOCOPIES
k
LPC #0050105007-Bond County
Mulberry Grove/McDowell
Auction Service
FOS
File
DATE:
June
15, 2005
TIME:
1:4Opm-l:SOpm
DIRECTION:
PHOTO by:
Kendall Couch
PHOTO FILE
NAME:
00501 05007-M6 152005-005
COMMENTS:
DATE:
June
15, 2005
TIME:
l:4Opm-l:SOpm
DIRECTION:
PHOTO by:
Kendall Couch
PHOTO FILE NAME:
00501 05007~-06l
52005-006
COMMENTS:
DIGITAL
PHOTOGRAPH PHOTOCOPIES
LPC #0050105007-Bond County
Mulberry Grove/McDowell Auction Service
FOS File
DIGITAL
PHOTOGRAPH PHOTOCOPIES
DATE:
June
15,
2005
TIME:
l:4Opm-1:SOpm
DIRECTION:
PHOTO by: Kendall Couch
PHOTO FILE
NAME:
0050105007-06152005-007
COMMENTS:
PROOF OF SERVICE
Ihereby certify that I did on the 28th day ofJuly 2005, send by Certified Mail, Return Receipt
Requested, with postage thereon fullyprepaid, by depositing in
a United StatesPost Office Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Alva McDowell
P.O.
Box 35
Mulberry Grove, Illinois
62262
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
J
IJKL~
1~
MichelleM. 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 SUBMITI’ED
ON RECYCLED PAPER
