RECEIVED
CLERK’S OFFICE
OCT
062005
STATE OF ILLINOIS
Pollution Control Board
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.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 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
III. Adm.
Code 101.400(a).
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT
062005
ADMINISTRATIVE CITATION
STATE OF
ILLINOIS
Pollution control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
)
v.
)
(IEPAN0.
351-05-AC)
)
GUIFFRE
II,
LLC,
)
Respondent.
)
NOTICE
OF
FILING
To:
Guiffre II, LLC
ATTN:
Nicholette G. Rinhardt
445
West Oklahoma Ave.
Milwaukee, WI
53207
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 ADMINTSTRATIVE
CITATION, AFFIDAVIT, .and OPEN DUMP INSPECTION CHECKLIST.
Respectfully
submitted,
‘N4ichelle 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:
October 3, 2005
This
FiLiNG
SUBMITTED
ON
RECYCLED PAPER
RECEIVED
BEFORE
THE
ILLINOIS
POLLU11ON CONTROL BOARDCLERKS OFFICE
ADMINISTRATIVE
CITATION
OCT
062005
STATE
OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
Complainant.
)
AC
V.
)
(EPA No.
351-05-AC)
GUIFFRE
II,
LLC,
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
(2004).
FACTS
1.
That Guiffre
II,
LLC (“Respondent”) is the present ownerof a facility located at 1165
Prairie Hill Road
in Rockton, Winnebago County,
Illinois.
The property is commonly known to the
Illinois
Environmental
Protection Agency as Rockton/Beloit Corporation
(Guiffre
II,
LLC).
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and
is designated with Site Code No.
2010355004.
3.
That Respondent has owned said facility at all times pertinent hereto.
4.
That
on
August
9,
2005,
Jason
Thorp
of
the
Illinois
Environmental
Protection
Agency’s Rockford
Regional Office inspected the above-described facility. A copy of his inspection
report selling Ibrth the results of said
inspection is attached
hereto and
made a part hereof.
VIOLATIONS
Based
upon
direct observations
made
by Jason Thorp during
the course of hisAugust9,
2005
inspection
of the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined that Respondenthas 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
5/21(p)(1)
(-2004).
(2)
That
Respondent caused
or allowed
the
open
dumping
of waste
in
a
manner
resulting
in
deposition
of
general
construction
or
demolition
debris
or
clean
construction or demolition debris,
a violation of Section 21 (p)(7) of theAct, 415 ILCS
5/21 (p)(7)
(2004).
CIVIL PENALTY
On
January 6,
2005,
the
Board
found
Guiffre
II,
LLC
in
violation
of Section
21(p)(1)
and
Section
21 (p)(7) of the Act in AC 05-31.
Because this Administrative Citation addresses a second orsubsequent violation of Sections
21(p)(1)
and
21(p)(7),
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 Three
Thousand
Dollars
($3,000.00)
for
each
of the
violations identified above, for a total of SixThousand Dollars ($6,000.00).
If Respondent elects not
to
petition the Illinois Pollution Control Board, the statutory civil penalty specified above shaD
be due
and
payable
no
later
than
October 31,
2005,
unless
otherwise
provided
by
order of
the
Illinois
Pollution
Control
Board.
If Respondentelects to contestthis Administrative Citation by petitioning the Illinois Pollution
2
Control
Board
in accordance with Section
31.1 of the Act,415 ILCS 5/31.1(2004), and if the Illinois
Pollution Cdntrol 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 Six Thousand
Dollar ($6,000.00) statutory civil penalty for each violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2004), if Respondent fails
to petitionor elects notto 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,
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 penalty and/or hearing costs are not paid within the timeprescribed byorder of the
Illinois
Pollution
Control
Board,
interest on
said
penalty
and/or
hearing
costs shall
be
assessed
against the Respondentfrom 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(2004).
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
Pollution
Control
Board shall enter a
default judgment against the Respondent.
7ot~saiCsc
P
3
Date:
______
ouglas
P.
Scott,
Director
s.flst.
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
CLERKS OFFICE
REMITTANCE FORM
OCT
062005
-
STATE
OF ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
Complainant,
AC
v.
)
(IEPA No. 351-05-AC)
GUIFFRE
II,
LLC,
Respondent.
FACILITY:
Rockton/Beloit Corp.
(Guiffre
II,
LLC) SITE CODE NO.:
2010355004
COUNTY:
Winnebago
CIVIL PENALTY:
$6,000.00
DATE OF INSPECTION:
August 9, 2005
DATE REMITTED:
SS/FEIN
NUMBER:
SIGNATURE:
NOTE
Please enter
the date
of
your
remittance,
your
Social
Security
number
(55)
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:
)
)
Guiffre II, LLC
)
)
IEPA DOCKET NO.
)
Respondent
)
Affiant, Jason Thorp,
being first duly sworn, voluntarily deposes and states as follows:
1.
-Affiant is a field inspector employed by the Remediation Management
Division of
the Illinois Environmental Protection Agency and has been so employed at all times
pertinent hereto.
2.
On
August
09,
2005,
between
16:00
and
16:30
hours,
Affiant
conducted
an
inspection of an
open dump,
located in
Wiimebago County,
Illinois known as the
Beloit
Corporation
Superfund
Site
(owned
by
Guiffre
II,
LLC)
by
the
Illinois
Environmental Protection
Agency.
Said
site has been assigned
site
code number
LPC# 2010355004 by the Agency.
3.
Affiant
inspected
said
site
by
an
on-site inspection,
which
included walking
and
photographing the site.
4.
Asa 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 open dump.
c~7
Ja~9~2Ih~rp,~fl’ffl
Subscribed and Swo
to
Before Me
this
7~J
day of
,
2005
tFFICIAL
SEAL.
TERESA
LABUNSKI
Notary
Public,
State of Illinois
My Commission Expires
1/1012007
Notary Public
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Winnebago
LPC#:
2010355004
Region:
1
-
Rockford
Location/Site
Name:
Rockton / Beloit Corporation (Guiffre
II,
LLC)
Date:
08/09/2005
Inspector(s):
Thorp
No. of
Photos Taken: #2
Interviewed:
Weather:
95°F,_Scattered
-
yds3
Samples
Taken:
Complaint #:
Responsible
Party(s)
Mailing
Address(es)
and Phone
Number(s):
Guiffre
II,
LLC
445 West Oklahoma
Avenue
Milwaukee, WI
53207
Attn:
Nicholette 0.
Rinhardt
SECTION
DESCRIPTION
VIOL
-
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW AIR POLLUTION
IN ILLINOIS
LI
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
U
3.
12(a)
CAUSE, THREATEN
OR ALLOW WATER
POLLUTION
IN
ILLINOIS
Li
4.
12(d)
CREATE A WATER
POLLUTION HAZARD
LI
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE-
DISPOSAL
6.
21(d)
(1)
OPERATION:
Withouta Permit
Z
(2)
In Violation
of Any
Regulations or
Standards Adopted by the
Board
Z
7.
21(è)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT
ANY
WASTE INTO THE
STATE AT/TO SITES NOT MEETING
REOUIREMENTS OF ACT
fl
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE IN
A MANNER WHICEE-RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT THE
DUMP SITE:
(1)
Litter
Z
(2)
Scavenging
LII
(3)
Open
Burning
U
(4)
Deposition of Waste
in Standing
or
Flowing Waters
Li
(5)
Proliferation
of
Disease Vectors
Li
(6)
Standing
or
Flowing
Liquid
Discharge
from the Dump
Site
LI
Time:
From
16:00
To
16:30
Est. Amt.
of Waste:
125
Previous
Inspection bate
Clouds,
WSW Wind
—
10mph
Yes#
No
Z
Revised
06/18/2001
(Open Dump
-
1)
LPC#
2010355004
Inspection
Date:
08/09/2005
Informational
Notes
-
1.
Illinois
Environmental
Protection Act: 415 ILCS
5/4.
2.
Illinois Pollution Control Board: 35
Ill.
Adm. Code, Subtitle 0.
3.
Statutory and regulatory references herein are provided for convenience only
and should-
tbtnac~str •asT49g~
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.
(7)
.
Deposition
of General Construction or Demolition Debris; or Clean Construction or
De.mnlitinn
Dehnis
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 C
10.
812.1 01 (a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO DEVELOP
AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
Z
12.
808.121
SPECIAL WASTE DETERMINATION
Li
13.
809.302(a)
-ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOU~A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
PERMIT AND/OR MANIFEST
Li
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LI)
PCB;
(9)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
Li
15.
OTHER:
Li
Li
Li
Li
-
-
Li
Li
Signature
of
Inspector(s)
Revised 06/18/2001
(Open
Dump
-
2)
2010355004—Winnebago
County
Rockton / Beloit Corporation (Guiffre 11, LLC)
FOS File
NARR.ATWE INSPECTION REPORT
On August 9,
2005, Jason Thorp observed and
documented the presence ofopen dumped
solid waste
on
the
Beloit
Corporation
NPL
Site
located
at
1165
Prairie
Hill
Road
in
Rockton,
fllinois
~i~e
II,
LLC,
currently
owns
the
Beloit
Corporation
NPL
Site
property.
Mr. Thorp observed
the open
dumped solid waste
during a
separate
site reconnaissance
search for the on-site monitoring wells for an upcoming quarterly ground water sampling.
The
solid
waste,
consisting
of
heavily
saturated
wood
block
flooring,
measures
approximately
125yd3
in
volume
(42.46598, -89.06745).
The wood block flooring will
require a
hazardous
waste
characterization
analysis
for proper
disposal
at
a
permitted
facility.
Digital
photographs
2010355004—08092005-001
through
—002
depict
the
solid
waste
piles ofwood block
flooring
located
on
the subject property.
The following solid
waste
violations were observed and cited: 21(a), 21(d)(l), 21(d)(2), 2l(p)(1)
and 21(p)(7) ofthe
Environmental Protection
Act
and
8 12
101(a)
and
722.111 of the illinois
Administrative
Code.
Correspondence relating to this
matter
should be directed to the owner ofthe
property as
follows:
Owner
Guiffie
H,
LLC
-
445
West Oklahoma Avenue
Milwaukee, WI
53207
Attn:
Nicholette 0.
Rinhardt
2010355004
—
Winnebago County
Rockton
I
Beloit
Corporation (GuifiFe II,
LLC)
FOS File
DIGITAL PHOTOGRAPHS
DATE:
08/09/2005
TIME:
16:20
DIRECTION:
South
PHOTO by:
Jason Thorp
PHOTO
FILE NAME:
201 0355004—-08092005-001
COMMENTS:
Photo
taken
towards the open
dumped solid waste pile
containing stained wood block
flooring.
DATE:
08/09/2004
TTh1I~
16:20
-
DIRECTION:
North
PHOTO by:
Jason Thorp
PHOTO
FILE
NAME:
2010355004-08092005-002
COMMENTS:
Photo taken towards the open
dumped
solid waste pile
containing stained
wood block
flooring.
Legend
BELOIT
CORP
PROPERTY
LINE
•
Open Dumping Locatkn
0
Photo Events
—-Ia
,~
CT
200100
0
200
409
I
2010355004/Winnebago
Countyl
GulFFREll,
LLC
~iT
~odcIon
-
BelOit Corporation
I
-
Open
Dumping
Map -Augu~2005
N
08/0912005
1
SF
Tech
plotted
on
1998
USGS
aerial photograph~c.~.._.’~
b
PROOF OF SERVICE
I hereby certify
that I did
on
the 3rd
day of October
2005,
send by Certified Mail,
Return
Receipt Requested, with postage thereon fullyprepaid, by depositing in a United States Post Office
Box a
true and correct
copyof the followinginstrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Guiffre II, LLC
ATTN:
Nicholette G.
Rinhardt
445
West Oklahoma Ave.
Milwaukee,
WI
53207
and
the original and nine (9)
true
and correct copies ofthe same foregoing instrumentson
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
Michelle 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
ThIS
FILING SUBMITtED
ON RECYCLED PAPER
