BEFORE THE ILLINOIS POLLUTION CONTROL BOAfE

CLERK'S

C E 1

OFFICE

VE D

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

V.

SHERIDAN SAND & GRAVEL CO.,

Respondent.

PCB No. 06-177

0C I 1 3 2006

Pollution

STATE OF

Control

ILLINOISBoard

ANSWER AND AFFIRMATIVE DEFENSES

Respondent, SHERIDAN SAND & GRAVEL CO

. ("SHERIDAN" or "Sheridan

S & G"),

by its attorney, Kenneth Anspach, pursuant to 35 IILAdm

.Code 103 .204(e), for

its Answer and Affirmative Defenses to the Complaint ("Complaint") of complainant,

PEOPLE OF THE STATE OF ILLINOIS (the "STATE" or "State"), states, alleges and

avers as follows :

COUNT I

ALLEGED FAILURE TO REGISER

1

. This complaint is brought on behalf of the People of the State of Illinois, ex

rel.

LISA MADIGAN, Attorney General of the State of Illinois, on her own motion and

at the request of the Illinois Environmental Protection Agency ("Illinois EPA"), against

SHERIDAN SAND & GRAVEL CO

., pursuant to the terms and conditions of Section 31

of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31 (2004)

.

ANSWER:

SHERIDAN has no knowledge sufficient to form a belief regarding

whether the Complaint is brought on behalf of the People of the State of Illinois,

ex rel.

LISA MADIGAN, Attorney General of the State of Illinois, on her own motion and at the

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request of the Illinois EPA, against SHERIDAN and DENIES the remaining allegations

of paragraph 1

.

2. The Illinois EPA is an administrative agency established in the executive

branch of the State government by Section 4 of the Act, 415 ILCS 5/4 (2004), and is

charged, inter alia, with the duty of enforcing the Act .

ANSWER : SHERIDAN ADMITS that the Illinois EPA is an administrative

agency established in the executive branch of the State government by Section 4 of the

Act, 415 ILCS 5/4 (2004), and DENIES the remaining allegations of paragraph 2 .

3 . Respondent SHERIDAN SAND & GRAVEL CO . ("Sheridan S &

G"), is a

Illinois corporation duly authorized to transact business in Illinois

. Sheridan S & G owns

and operates a sand and gravel mine located at 2679 North 4201 Road, Sheridan, LaSalle

County, Illinois ("Site"). The Site consists of approximately 291

.56 acres .

ANSWER : SHERIDAN ADMITS the allegations of paragraph 3 .

4 . On April 19, 2005, the Illinois EPA and the LaSalle County Environmental

Services & Land Use Department ("LaSalle County Environmental Department")

conducted an inspection of the Site . During the inspection, the Illinois EPA inspectors

observed approximately 500 used and waste tires at the Site .

ANSWER

: SHERIDAN has no knowledge sufficient to form a belief regarding

the allegations that on April 19, 2005, the Illinois EPA and the LaSalle County

Environmental Department conducted an inspection of the Site

. SHERIDAN DENIES

the remaining allegations of paragraph 4.

5 . The tires were stored inside (7) uncovered roll-off boxes and two (2)

uncovered semi-trailers.

2

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ANSWER: SHERIDAN DENIES the allegations of paragraph 5

.

6. The tires that were off the rims were stored inside the roll-off boxes and semi-

trailers and contained water .

ANSWER

: SHERIDAN DENIES the allegations of paragraph 6 .

7. Tires located outdoors can fill with water from precipitation events and

provide breeding habitat for mosquitoes

.

ANSWER :

SHERIDAN has no knowledge sufficient to form a belief regarding

the allegations that tires located outdoors can fill with water from precipitation events and

provide breeding habitat for mosquitoes.

8 . On May 4, 2005, Illinois EPA sent a Violation Notice

("VN") to Sheridan S &

G, advising Respondent that the accumulation of tires at the Site constituted violations of

the Act and Board regulations .

ANSWER : SHERIDAN ADMITS the allegations of paragraph 8

.

9

. On June 6, 2005, the LaSalle County Environmental Department visited the

Site and observed that the used and waste tires had been removed

.

ANSWER: SHERIDAN ADMITS the allegations that on June 6, 2005, the

LaSalle County Environmental Department visited the Site and observed no tires on the

Site and, further, determined that no violations existed on the Site and DENIES the

remaining allegations of paragraph 9 .

10. Illinois EPA received a response to the VN from Sheridan S & G on June 15,

2005, summarizing the actions Sheridan S & G had performed since May 4, 2005

.

3

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ANSWER: SHERIDAN ADMITS the allegations that Illinois EPA received a

response to the VN from Sheridan S & G on June 15, 2005, avers that the response

speaks for itself, and DENIES the remaining allegations of paragraph 10 .

11 . On August 26, 2005, Illinois EPA sent a Notice of Intent to Pursue Legal

Action ("NIPLA") to Respondent.

ANSWER

:

SHERIDAN ADMITS the allegations of paragraph 11 .

12 . Section 55(d) of the Act, 415 ILCS 5/55(d) (2004), provides, in pertinent

part, as follows :

(d)

Beginning January 1, 1992, no person shall cause or allow

the operation of

:

(1)

a tire storage site which contains more than 50 used

tires, unless the owner or operator, by January 1, 1992 (or

the January 1 following commencement of operation,

whichever is later) and January 1 of each year thereafter, (i)

registers the site with the Agency, (ii) certifies to the

Agency that the site complies with any applicable standards

adopted by the Board pursuant to Section 55 .2, (iii) reports

to the Agency the number of tires accumulated, the status

.process

of vector

the

controls,

tires, and

and

(iv)

the

pays

actions

the

taken

fee required

to handle

underand

subsection (b) of Section 55

.6;

ANSWER: SHERIDAN avers that Section 55(d) of the Act, 415 ILCS 5/55(d)

(2004) speaks for itself and DENIES the remaining allegations of paragraph 12 .

13. Section 54 .13 of the Act, 415 ILCS 5/54 .13 (2004), provides as follows :

"Used tire" means a worn, damaged, or defective tire that is

not mounted on a vehicle .

ANSWER

:

SHERIDAN avers that Section 54 .13 of the Act, 415 ILCS 5/54 .13

(2004) speaks for itself and DENIES the remaining allegations of paragraph 13 .

4

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14

. During the inspection at the Site, the Illinois EPA observed unmounted tires

that were worn, damaged or defective and that, therefore, constituted used tires as defined

in Section 54

.13 of the Act, 415 ILCS 5/54 .13 (2004) .

ANSWER : SHERIDAN has no knowledge sufficient to form a belief regarding

the allegations that during the inspection at the Site, the Illinois EPA observed

unmounted tires that were worn, damaged or defective and DENIES the remaining

allegations of paragraph 14 .

15 . Section 54

.12 of the Act, 415 ILCS 5/54 .12 (2004), provides as follows :

"Tire storage site" means a site where used tires are stored

or processed, other than (1) the site at which the tires were

separated from the vehicle wheel rim, (2) the site where the

used tires were accepted in trade as part of a sale of new

tires, or (3) a site at which tires are sold at retail in the

regular course of business, and at which not more than 250

used tires are kept at any time or (4) a facility at which tires

are sold at retail provided that the facility maintains less

than 1300 recyclable tires, 1300 tire carcasses, and 1300

used tires on site and those tires are stored inside a building

or so that the are prevented from accumulating water .

ANSWER : SHERIDAN avers that Section 54

.12 of the Act, 415 ILCS 5/54.12

(2004) speaks for itself and DENIES the remaining allegations of paragraph 15

.

16 . The Site constitutes a tire storage site as that term is defined in Section 54 .12

of the Act, 415 ILCS 5/54

.12 (2004), because used tires were stored or processed at the

Site .

ANSWER: SHERIDAN DENIES the allegations of paragraph 16 .

17 . Respondent failed to register the Site with the Illinois EPA, certify that the

Site with applicable Board standards, report to the Agency the number of tires

accumulated, the status of vector controls, and the actions taken to handle and process the

5

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tires, and failed to pay the fee required under subsection (b) of Section 55

.6, in violation

of Section 55(d)(1) of the Act, ILCS 5155(d)(1) (2004) .

ANSWER

:

SHERIDAN DENIES the allegations of paragraph 17 .

18 . Respondent operated a tire storage site in violation of Section 55(d)(1) of the

Act, 415 ILCS 5/55(d)(1) (2004) .

ANSWER

: SHERIDAN DENIES the allegations of paragraph 18 .

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent, SHERIDAN SAND AND GRAVEL CO

., on this Count I :

1 . Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein

;

2. Finding that Respondent violated Section 55(d)(1) of the Act, 415 ILCS

5/55(d)(1) (2004) ;

3 . Ordering the Respondent to cease and desist from any future violations of

Section 55(d)(1) of the Act;

4

. Assessing a civil penalty of Fifty Thousand Dollars ($50,000

.00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation

;

5 . Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415

ILCS 5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action

; and

6

. Granting such other relief as the Board deems appropriate and just

.

6

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OBJECTION :

Pursuant to 735 ILCS 5/2-604, SHERIDAN objects to the prayer

for relief under Count I for the reason that the prayer for relief is not sustained by the

allegations of Count I .

COUNT II

ALLEGED IMPROPER STORAGE OF USED OR WASTE TIRES

1-16

. Complainant hereby realleges and incorporates by reference herein

paragraphs I through 16 of Count I as paragraphs 1 through 16 of this Count II

.

ANSWER

: SHERIDAN repeats and realleges its answers to paragraphs 1

through 16 of Count I as and for its answers to paragraph 1 through 16 of this Count II

.

17. Section 55(e) of the Act, 415 ILCS 5/55(e) (2004), provides in pertinent part,

as follows

:

(e) No person shall cause or allow the storage, disposal,

treatment or processing any used or waste tire in

violation of any regulation or standard adopted by

the Board .

ANSWER:

SHERIDAN avers that Section 55(e) of the Act, 415 ILCS 5/55(e)

(2004) speaks for itself and DENIES the remaining allegations of paragraph 17

.

18. Section 54.16 of the Act, 415 ILCS 5/54

.16 (2004), provides as follows :

"Waste tire" means a used tire that has been disposed of .

ANSWER : SHERIDAN avers that Section 54

.16 of the Act, 415 ILCS 5/54.16

(2004) speaks for itself and DENIES the remaining allegations of paragraph 18

.

19 . Section 54.04 of the Act, 415 ILCS 5/54

.04 (2004), provides as follows

:

"Disposal" means the placement of used tires into or on any

land or water except as an integral part of systematic reuse

or conversion in the regular course of business

.

7

---

ANSWER : SHERIDAN avers that Section 54

.04 of the Act, 415 ILCS 5/54 .04

(2004) speaks for itself and DENIES the remaining allegations of paragraph 19 .

20. During the April 19, 2005 inspection, the Illinois EPA observed waste tires at

the Site that were placed in uncovered receptacles on the land and were not part of a

systematic reuse or conversion in the regular course of business and, therefore,

constituted disposal of waste tires as those terms are defined at Sections 54

.04 and 54.16

of the Act, 415 ILCS 5/54 .04 and 54.16 (2004) .

ANSWER

: SHER DAN has no knowledge sufficient to form a belief regarding

the allegations that on April 19, 2005, the Illinois EPA observed waste tires at the Site

that were placed in uncovered receptacles on the land and were not part of a systematic

reuse or conversion in the regular course of business . SHERIDAN DENIES the

remaining allegations of paragraph 20 .

21 . Section 848 .020(b) of the Board regulations, 35 Ill . Adm. Code 848 .202(b),

provides, in pertinent part, as follows :

(b)

At sites at which more than 50 used or waste tires

are located the owner or operator shall comply with

the following requirements :

4)

Used or waste tires shall be drained of water

on the day of generation or receipt

.

5)

Used or waste tires received at the site shall

not be stored unless within 14 days after the

receipt of any used tire the used tire is

altered, reprocessed, converted, covered or

otherwise prevented from accumulating

water. All used and waste tires received at

the site before June 1, 1989, shall be altered,

8

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reprocessed, converted, covered or

otherwise prevented from accumulating

water January 1, 1992 .

ANSWER

: SHERIDAN avers that Section 848

.020(b)(4) and (5) of the Board

regulations, 35 Ill

. Adm. Code 848

.202(b)(4) and (5) and speaks for itself and DENIES

the remaining allegations of paragraph 21

.

22

. Respondent stored or disposed of used and/or waste tires at the Site in

violation of Section 55(e) of the Act, 415 ILCS 5/55(e) (2004), and 35 Ill

. Adm

. Code

848.202(b)(4) and (5) .

ANSWER :

SHERIDAN DENIES the allegations of paragraph 22 .

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent, SHERIDAN SAND AND GRAVEL CO

., on this Count II :

1

. Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein;

2

. Finding that Respondent violated Section 55(e) of the Act, 415 ILCS 5/55(e)

(2004) and 35 Ill

. Adm. Code 848 .202(b)(4) and (5);

3

. Ordering the Respondent to cease and desist from any future violations of

Section 55(e) of the Act, and 35 Ill

. Adm. Code 848 .202(b)(4) and

(5);

4

. Assessing a civil penalty of Fifty Thousand Dollars ($50,000

.00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation ;

9

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5

. Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415

ILCS 5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action

; and

6 . Granting such other relief as the Board deems appropriate and just

.

OBJECTION: Pursuant to 735 ILCS 5/2-604, SHERIDAN objects to the prayer

for relief under Count II for the reason that the prayer for relief is not sustained by the

allegations of Count II

.

COUNT III

ALLEGED FAILURE TO COMPLY WITH TIRE STORAGE NOTIFICATION

AND RECORDKEEPING REQUIREMENTS

1-20

. Complainant hereby realleges and incorporates by reference herein

paragraphs 1 through 20 of Count II as paragraphs 1 through 20 of this Count III .

ANSWER :

SHERIDAN repeats and realleges its answers to paragraphs I

through 20 of Count II as and for its answers to paragraph 1 through 20 of this Count III .

21 . Section 848 .304 of the Board regulations, 35111 . Adm. Code 848 .304,

provides, in pertinent part, as follows :

a) The owner or operator shall maintain an Annual Tire

Summary at the site ; such record shall include the

agency designated site number, the site name and

address and the calendar year for which the summary

applies.

c) The Annual Tire Summary shall be received by the

Agency on or before January 31 of each year and shall

cover the preceding calendar year .

10

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ANSWER :

SHERIDAN avers that Section 848

.304 of the Board regulations, 35

Ill

. Adm. Code 848

.304, speaks for itself and DENIES the remaining allegations of

paragraph 21 .

22 . Section 848

.305 of the Board regulations, 35 Ill

. Adm. Code 848 .305,

provides as follows :

Copies of all records required to be kept under this Subpart

shall be retained by the owner and operator for three years

and shall be made available at the site during the normal

business hours of the operator for inspection and

photocopying by the Agency

.

ANSWER:

SHERIDAN avers that Section 848

.305 of the Board regulations, 35

111

. Adm. Code 848

.305, speaks for itself and DENIES the remaining allegations of

paragraph 22 .

23 .

Respondent failed to maintain and submit an annual tire summary to the

Illinois EPA at any time relevant to the Complaint in violation of Section 55(e) of the

Act, 415 ILCS 5/55(e) (2004), and 35111

. Adm. Code 848 .304(a) and (c) .

ANSWER :

SHERIDAN DENIES the allegations of paragraph 23 .

24

. Respondent failed to maintain records at the Site at all times relevant to this

Complaint, in violation of Section 55(e) of the Act, 415 ILCS 5/55(e) (2004), and 35 Ill

.

Adm. Code 848 .305

.

ANSWER:

SHERIDAN DENIES the allegations of paragraph 24 .

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent, SHERIDAN SAND AND GRAVEL CO

., on this Count III:

II

---

1

. Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein;

2

. Finding that Respondent violated Section 55(e) of the Act, 415 ILLS 5/55(e)

(2004) and 35 Ill . Adm. Code 848

.304(a) and (c) and 848 .305;

3

. Ordering the Respondent to cease and desist from any future violations of

Section 55(e) of the Act, and 35 IIl

. Adm. Code 848 .304(a) and (c) and 848.305;

4

. Assessing a civil penalty of Fifty Thousand Dollars ($50,000

.00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation

;

5

. Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415

ILCS 5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action ; and

6

. Granting such other relief as the Board deems appropriate and just .

OBJECTION

: Pursuant to 735 ILCS 5/2-604, SHERIDAN objects to the prayer

for relief under Count III for the reason that the prayer for relief is not sustained by the

allegations of Count III .

COUNT IV

ALLEGED FAILURE TO PAY REGISTRATION FEE

1-20

. Complainant hereby realleges and incorporates by reference herein

paragraphs 1 through 20 of Count II as paragraphs 1 through 20 of this Count IV .

ANSWER: SHERIDAN repeats and realleges its answers to paragraphs 1

through 20 of Count II as and for its answers to paragraph 1 through 20 of this Count IV

.

12

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21

. Section 21(k) of the Act, 415 ILCS 5/21(k) (2004), provides, in pertinent

part, as follows :

No person shall :

k

. Fail or refuse to pay any fee imposed under this

Act.

ANSWER:

SHERIDAN avers that Section 21(k) of the Act, 415 ILCS 5/21(k)

(2004), speaks for itself and DENIES the remaining allegations of paragraph 21

.

22. Section 55

.6(b) of the Act, 415 ILCS 5/55

.6(b) (2004), provides, in pertinent

part, as follows :

(b) Beginning January 1, 1992, in addition to any other fees

required by law, the owner or operator of each site

required to be registered under subsection (d) of Section

55 shall pay to the Agency an annual fee of $100

. Fees

collected under this subsection shall be deposited into

the Environmental Protection Permit and Inspection

Fund.

ANSWER:

SHERIDAN avers that Section 55

.6(b) of the Act, 415 ILCS

5/55

.6(b) (2004), speaks for itself and DENIES the remaining allegations of paragraph

22 .

23

. At the time of the April 19, 2005 inspection, Respondent operated a tire

storage site that contained more than 50 used tires and was required to register with the

Illinois EPA as a tire storage site, and therefore, required to pay an annual fee .

ANSWER :

SHERIDAN DENIES the allegations of paragraph 23 .

24

. Respondent failed to pay the annual fee in violation of Sections 55 .6(b),

55(d)(1) and 21(k) of the Act, 415 ILCS 5/55

.6(b), 55(d)(1) and 21(k) (2004) .

ANSWER: SHERIDAN DENIES the allegations of paragraph 24

.

13

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WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent, SHERIDAN SAND AND GRAVEL CO

., on this Count IV :

1

. Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein ;

2

. Finding that Respondent violated Sections 55 .6(b), 55(d)(1) and 21(k) of the

Act, 415 ILCS 5/55 .6(b), 55(d)(1) and 21(k) (2004)

;

3

. Ordering the Respondent to cease and desist from any future violations of

Sections 55 .6(b), 55(d)(1) and 21(k) of the Act ;

4

. Assessing a civil penalty of Fifty Thousand Dollars ($50,000

.00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation ;

5

. Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415

ILCS 5/42(1) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action ; and

6

. Granting such other relief as the Board deems appropriate and just

.

OBJECTION:

Pursuant to 735 ILCS 5/2-604, SHERIDAN objects to the prayer

for relief under Count IV for the reason that the prayer for relief is not sustained by the

allegations of Count IV .

COUNT V

ALLEGED FAILURE TO COMPLY WITH TIRE TRANSPORTER

REQUIREMENTS

1-20

. Complainant hereby realleges and incorporates by reference herein

paragraphs 1 through 20 of Count II as paragraphs 1 through 20 of this Count V

.

14

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ANSWER:

SHERIDAN repeats and realleges its answers to paragraphs I

through 20 of Count II as and for its answers to paragraph I through 20 of this Count V

.

21

. Section 55(g) of the Act, 415 ILCS 5/55(g) (2004), provides as follows

:

(g)

No person shall engage in any operation as a used

or waste tire transporter except in compliance with

Board regulations .

ANSWER:

SHERIDAN avers that Section 55(g) of the Act, 415 ILCS 5/55(g)

(2004), speaks for itself and DENIES the remaining allegations of paragraph 21

.

22

. Section 54.12(b)

of the Act, 415 ILCS 5/54

.12(b) (2004), provides as follows :

"Tire Transporter" means a person who transports used or

waste tires in a vehicle

.

ANSWER :

SHER DAN avers that Section 54

.12(b) of the Act, 415 ILCS

5/54.12(b)

(2004), speaks for itself and DENIES the remaining allegations of paragraph

22 .

23

. Respondent transported used or waste tires to the Site, and is therefore a tire

transporter as defined in Section 54

.12(b) of the Act, 415 ILCS 5/54

.12(b) (2004) .

ANSWER :

SHERIDAN DENIES the allegations of paragraph 23

.

24

. Section 848

.601 of the Board regulations, 35 Ill . Adm. Code 848

.601,

provides, in pertinent part, as follows

:

(a) Except as provided in Subsection

(c), no person shall

transport more than 20 used or waste tires in a vehicle

unless the following requirements are met .

1)

The owner or operator has registered the vehicle

with the Agency in accordance with this

Subpart, received approval of such registration

from the Agency, and such registration is

current, valid and in effect .

15

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2)

The owner or operator displays a placard on the

vehicle, issued by the Agency following

registration, in accordance with the requirements

of this Subpart .

ANSWER

: SHERIDAN avers that Section 848 .601 of the Board regulations, 35

Ill. Adm

. Code 848 .601, speaks for itself and DENIES the remaining allegations of

paragraph 24 .

25

. Respondent failed to register vehicles that were used for transporting used or

waste tires with the Illinois EPA, in violation of Section 55(g) of the Act, 415 ILCS

5/55(g) (2004), and 35 Ill . Adm. Code 848 .601(a)(1) .

ANSWER: SHERIDAN DENIES the allegations of paragraph 25 .

26 . Respondent failed to display a placard on vehicles used for transporting used

or waste tires, in violation of Section 55(g) of the Act, 415 ILCS 5/55(g) (2004), and 35

Ill . Adm. Code 848 .601(a)(2).

ANSWER : SHERIDAN DENIES the allegations of paragraph 26 .

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of Complainant and against

Respondent, SHERIDAN SAND AND GRAVEL CO

., on this Count V :

1 . Authorizing a hearing in this matter at which time Respondent will be required

to answer the allegations herein;

2. Finding that Respondent violated Sections Section 55(g) of the Act, 415 ILCS

5/55(g) (2004), and 35 Ill. Adm. Code 848 .601(a)(1) and (2);

3. Ordering the Respondent to cease and desist from any future violations of

Section 55(g) of the Act, and 35 111 . Adm. Code 848 .601(a)(1) and (2);

16

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4. Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against the

Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand

Dollars ($10,000) for each day of violation ;

5

. Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415

ILCS 5/42(f) (2004), including attorney, expert witness, and consultant fees expended by

the State in its pursuit of this action ; and

6. Granting such other relief as the Board deems appropriate and just .

OBJECTION :

Pursuant to 735 ILCS 5/2-604, SHERIDAN objects to the prayer

for relief under Count V for the reason that the prayer for relief is not sustained by the

allegations of Count V.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

SHERIDAN, for its First Affirmative Defense to the STATE's Complaint,

pursuant to Section 103 .204(d) of the Board regulations, 35 Ill

. Adm

. Code 103

.204(d)

and Section 2-613(d) of the Code of Civil Procedure, 735 ILCS 5/2-613(d), alleges and

avers that the STATE's complaint against SHERIDAN cannot be recovered upon by

reason of operation of Sections 31(b), 31(c) and Section 55 .5(c) of the Act, 415 ILCS

5/31(b), 5/31(c) and 5/55 .5(c), and is therefore barred, as follows

:

1 . The initiation of an enforcement action pursuant to Title XIV of the Act is

governed by Section 55

.5 of the Act, 415 ILCS 5/55 .5 .

2. Section 55 .5 provides as follows

:

§ 415 ILCS 5/55.5. [Investigation of violations

; warning

notice]

Sec. 55 .5

. (a) The Agency shall investigate alleged

17

---

violations of this Title XIV, or of any regulation

promulgated hereunder, or of any approval granted by the

Agency, and may cause such other investigations to be

made as it may deem advisable.

(b) If an investigation discloses that a violation may exist,

the Agency shall take action pursuant to Title VIII of this

Act in a timely manner.

(c) Notwithstanding the provisions of subsection (b) of this

Section, prior to taking action pursuant to Title VIII for

violation of subsection (a),

(b) or (c) of Section 55 of this

Act, the Agency or unit of local government shall issue and

serve upon the person complained against a written

warning notice informing such person that the Agency or

unit of local government intends to take such action . Such

written warning notice shall specify the alleged violation,

describe the corrective action which should be taken, and

provide a period of 30 days in which one of the following

response actions may be taken by such person :

(1) initiation and completion of the corrective action, and

notification of the Agency or unit of local government in

writing that such action has been taken ; or

(2) notification of the Agency or unit of local government

in writing that corrective action will be taken and

completed within a period of 45 days from the date of

issuance of the warning notice .

In the event that the person fails to take a response action,

initiates but does not adequately complete a response

action, or takes other action in contravention of the

described corrective action, the Agency or unit of local

government may proceed pursuant to subsection (b) of this

Section

. If the same person has been issued 2 written

warning notices for similar violations in any calendar year,

thereafter the Agency or unit of local government may

proceed pursuant to subsection (b) without first following

the provisions of this subsection for the remainder of such

calendar year with respect to such person . (Emphasis

added.)

18

---

Thus, pursuant to Section 55 .5(c) of the Act, 415 ILCS 5/55 .5(c), where the offending

party has violated Sections 55(a)-(c)

of Title XIV of the Act, 415 ILCS 5/55(a)-(c),

Illinois EPA must serve upon the offending party a written warning notice specifying the

alleged violation, describing the corrective action which should be taken, and providing a

period of 30 or 45 days in which the party may initiate and complete the corrective

action . Only if the party fails to take or complete the corrective action or if there are no

violations of Sections

55(a)-(c) of Title XIV of the Act, 415 ILCS 5/55(a)-(c), Illinois

EPA may proceed with enforcement under Title VIII pursuant to Section 55(b) of the

Act, 415 ILCS 5/55(b) for any violations of Title XIV of the Act

.

3 . In the instant case, despite there being alleged violations of Sections

55(a)-(c)

of Title XIV of the Act, 415 ILCS 5/55(a)-(c), Illinois EPA never sent SHERIDAN a

written warning notice pursuant to Section 55

.5(c) of the Act, 415 ILCS 5/55 .5(c) .

Instead, on or about May 4, 2005, Illinois EPA sent SHERIDAN a so-called violation

notice ("Violation Notice") pursuant to Section 31(a)(1) of Title VIII the Act, 415 ILCS

5/31(a)

. The Violation Notice included allegations of violations under Sections

55(a)-(c)

of the Act, 415 ILCS 5/55(a)-(c), as well as those which were alleged under other

provisions of Title XIV of the Act . A copy of the Violation Notice is attached hereto as

Exhibit "A."

4

. The Violation Notice was illegal and barred for failure to comply with the

provisions of Section 55 .5(c) of the Act, 415 ILCS 5/55

.5(c).

5 . Section 31(b) of the Act, 415 ILCS 31(b), states, in pertinent part, as follows

:

(b) For alleged violations that remain the subject of

disagreement between the Agency and the person

complained against following fulfillment of the

requirements of subsection (a) of this Section,

and as a

19

---

precondition to the Agency's referral or request to the

Office of the Illinois Attorney General . . . for legal

representation regarding an alleged violation that may be

addressed pursuant to subsection (c) . . .of this Section . . ., the

Agency shall issue and serve, by certified mail, upon the

person complained against a written notice informing that

person that the Agency intends to pursue legal action .

Thus, before Illinois EPA can serve a written notice that it intends to pursue legal action

pursuant to Section 31(b) of the Act, 415 ILCS 5/31(b), it must have fulfilled all of the

requirements of Section 31(a) of the Act, 415 ILCS 5/31(a)

.

6 . Yet, compliance with the requirements of Section 31 (a) of the Act, 415 ILCS

5/31 (a) is conditioned by statute upon compliance with Section 55 .5 of the Act, 415 ILCS

5/55 .5.

7. Accordingly, since the Violation Notice was issued in direct contravention of

the requirements of Section 55 .5(c) of the Act, 415 ILCS 5/55 .5(c), Illinois EPA did not

fulfill the requirements of Section 31 (a) of the Act, 415 ILCS 5/31(a) .

8 . Because Illinois EPA did not fulfill the requirements of Section 31(a) of the

Act, 415 ILCS 5/31(a), Illinois EPA was barred from sending SHERIDAN a notice of

intent to pursue legal action pursuant to Section 31(b) of the Act, 415 ILCS 5/31(b) .

9. Despite Illinois EPA's failure to fulfill the requirements of Section 31 (a) of the

Act, 415 ILCS 5/31(a), Illinois EPA sent SHERIDAN a letter dated August 26, 2005

("Notice of Intent"), a copy of which is attached hereto as Exhibit "B", that it intended to

pursue legal action against SHERIDAN .

10

. Thus, the Notice of Intent was illegal and barred by operation of Sections

31(b) and Section 55 .5(c) of the Act, 415 ILCS 5/31(b) and 5/55

.5(c).

20

---

follows :

11

. Section 31(c)(1) of the Act, 415 ILCS 31(c)(1), states, in pertinent part, as

(1) For alleged violations which remain the subject of

disagreement between the Agency and the person

complained against following waiver, pursuant to

subdivision (10) of subsection (a) of this Section, or

fulfillment of the requirements of subsections (a) and (b) of

this Section, the Office of the Illinois Attorney

General . . . shall issue and serve upon the person complained

against a written notice together with a formal complaint,

which shall specify the provision of the Act or the rule or

regulation . . .

which such person is said to be in violation,

and a statement of the manner in, and the extent to which

such person is said to violate the Act or such rule or

regulation. . . and shall require the person so complained

against to answer the charges of such formal complaint at a

hearing before the Board . . .

Thus, before the Attorney General can file a complaint before the Board, there must have

either been a waiver by the person complained against of the terms of Section 31 (a) of the

Act, 415 ILCS 5/31(a), compliance by such person with a Compliance Commitment

Agreement accepted by the Illinois EPA pursuant to Section 31(a)(10) of the Act, 415

ILCS 5/31(a)(10), or Illinois EPA's fulfillment of the requirements of Sections 31 (a) and

(b) of the Act, 415 ILCS 5/31 (a) and 5/31(b) .

12

. SHERIDAN has neither waived the provisions of Section 31(a) of the Act,

415 ILCS 5/31(a), nor been informed by Illinois EPA that such a waiver has ever

occurred.

13 . Illinois EPA never accepted any Compliance Commitment Agreement

submitted by SHERIDAN, and, in fact, explicitly rejected same in a letter dated July 12,

2005

.

21

---

14

. Accordingly, since there was no waiver and, no stated acceptance of a

Compliance Commitment Agreement, then before the Attorney General could file a

complaint with the Board against SHERIDAN pursuant to Section 31(c)(1) of the Act,

415 ILCS 31(c)(1),

Illinois EPA was required to have fulfilled the requirements of

Sections 31(a) and (b) of the Act, 415 ILCS 31(a) and

(b).

15

. However, as set forth above, Illinois EPA failed to fulfill the requirements of

Section 31 (a) of the Act, 415 ILCS 5/31(a), and because of such failure, Illinois EPA

failed to fulfill the requirements of Section 31(b) of the Act, 415 ILCS 5/31(b)

.

16

. Because Illinois EPA failed to fulfill the requirements of Sections 31 (a) and

31(b) of the Act, 415 ILCS 5/31 (a) and 5/31(b), as well Section 55 .5(c) of the Act, 415

ILCS 5/55 .5(c), the Attorney General was barred from filing a complaint against

SHERIDAN with the Board pursuant to Section 31(c)(1) of the Act, 415 ILCS 31(c)(1) .

17

. Despite Illinois EPA's failure to fulfill the requirements of Sections 31(a) and

31(b) of the Act, 415 ILCS 5/31(a) and 5/31(b), as well Section 55 .5(c) of the Act, 415

ILCS 5/55 .5(c), the Attorney General filed the within Complaint against SHERIDAN .

18 . The Complaint is illegal and barred by operation of the provisions of Sections

31(b), 31(c) and Section 55 .5(c) of the Act, 415 ILCS 5/31(b), 5/31(c) and 5/55 .5(c).

SECOND AFFIRMATIVE DEFENSE

(In the Alternative)

SHERIDAN, for its Second Affirmative Defense to the STATE's Complaint,

pursuant to Section 103 .204(d) of the Board regulations, 35 Ill . Adm. Code 103 .204(d)

and Section 2-613(d) of the Code of Civil Procedure, 735 ILCS 5/2-613(d), alleges and

avers that the STATE's complaint against SHERIDAN cannot be recovered upon by

22

---

reason of operation of Section 55

.5(c) of the Act, 415 ILCS 5/55 .5(c), and is therefore

barred, as follows:

1-11

. SHERIDAN hereby realleges and incorporates by reference herein

paragraphs 1 through 11 of its First Affirmative Defense as and for paragraphs 1 through

11 of this Second Affirmative Defense .

12 . Pursuant to Section 31(a)(1)(C)

of the Act, 415 ILCS 31(a)(1)(C), the

Violation Notice contained an explanation, styled as "Suggested Resolutions," of two

alternative actions, either one of which Illinois EPA informed SHERIDAN would resolve

the alleged violations

. One of those two alternative "Suggested Resolutions" ("Suggested

Resolution") was stated to be as follows :

Suggested Resolutions

Immediately complete the attached

Notification/Registration form and pay the required tire

storage fee for 2005 . By June 19, 2005, dispose of all

used/waste tires on site using an Illinois registered tire

transporter

. (Bold and underlining in original)

.

13

. The Suggested Resolution was the same both for SHERIDAN's alleged

violations under Sections 55(a)-(c) of Title XIV of the Act, 415 ILCS 5/55(a)-(c), and for

those under the other provisions of Title XIV of the Act .

14

. On June 13, 2005, SHERIDAN, by letter of even date, informed Illinois EPA

that it had completed the requested Suggested Resolution in its entirety . The Suggested

Resolution had actually been completed by June 6, 2005, i.e., prior to the June 19, 2005

deadline set forth in the Violation Notice . SHERIDAN's June 13, 2005 letter was sent

within 45 days of the Violation Notice as required by Section 31(a)(2) of the Act, 415

ILCS 31(a)(2).

23

---

15

. That the Suggested Resolution had been completed was confirmed by letter

dated June 8, 2005 from Michael E . Harsted, Director, LaSalle County Department of

Environmental Services and Development, a copy of which is attached hereto as Exhibit

16

. SHERIDAN thereby satisfied all conditions of the Violation Notice .

17

. By operation of law, the Violation Notice constituted a written warning

notice and the Suggested Resolution constituted a corrective action under the provisions

of Section 55 .5(c) of the Act, 415 ILCS 5/55

.5(c).

18

. SHERIDAN's completion of the Suggested Resolution constituted a timely

completion of corrective action under Section 55

.5(c) of the Act, 415 ILCS 5/55 .5(c),

precluding any enforcement action by the Illinois EPA under Sections 31 (a) and (b) of

the Act, 415 ILCS 31(a) and (b),

or by the Attorney General under Section 31(c)(1) of the

Act, 415 ILCS

31(c)(1) .

19

. Despite that Illinois EPA was precluded from taking any enforcement action

under Sections 31 (a) and 31(b) of the Act, 415 ILCS 5/31 (a) and 5/31(b), it sent the

Violation Notice under Section 31 (a) of the Act, 415 ILCS 5/31(a), and the Notice of

Intent under Section 31(b) of the Act, 415 ILCS 5/31(b) .

20

. The Violation Notice and the Notice of Intent were illegal and barred by

SHERIDAN's completion of the Suggested Resolution, which constituted a timely

completed corrective action under Section 55 .5(c) of the Act, 415 ILCS 5/55 .5(c).

21 . Moreover, despite SHERIDAN's completion of the Suggested Resolution,

constituting a timely completed corrective action under Section 55 .5(c) of the Act, 415

ILCS 5/55

.5(c), and barring the filing of a complaint by the Attorney General under

24

---

Section 31(c)(1) of the Act, 415 ILCS 31(c)(1), the Attorney General filed the within

Complaint against SHERIDAN

.

22

. The Complaint is illegal and barred by SHERIDAN's completion of the

Suggested Resolution, constituting a timely completed corrective action under Section

55

.5(c) of the Act, 415 ILCS 5/55 .5(c) .

THIRD AFFIRMATIVE DEFENSE

SHERIDAN, for its Third Affirmative Defense to the STATE's Complaint,

pursuant to Section 103 .204(d) of the Board regulations, 35 Ill . Adm. Code 103 .204(d)

and Section 2-613(d) of the Code of Civil Procedure, 735 ILCS 5/2-613(d), alleges and

avers as follows :

1-22 . SHERIDAN hereby realleges and incorporates by reference herein

paragraphs 1 through 22 of its Second Affirmative Defense as and for paragraphs 1

through 22 of this Third Affirmative Defense .

23. Included in the Violation Notice, a copy of which is attached hereto as

Exhibit "A", is an explanation of the violations alleged set forth in a Narrative Inspection

Report ("Narrative Inspection Report") dated April 19, 2005 prepared by Shaun Newell,

an inspector for Illinois EPA

. The Narrative Inspection Report states, inter alia, that on

April 19, 2005, while inspecting the Site, Mr

. Newell "discovered approximately 2,000

waste semi, truck, car and tractor tires inside seven roll-off boxes and two open top semi

trailers ."

24

. Pursuant to Section 31(b) of the Act, 415 ILCS 5/31(b), there was a meeting

between SHERIDAN and Illinois EPA at the offices of the Illinois EPA in Des Plaines,

25

---

Illinois on September 27, 2005 . At the meeting, SHERIDAN presented affidavits to

Illinois EPA stating that no more than 175-180 tires had been present at the Site .

25 . The Complaint, Count I, paragraph 4, states that :

On April 19, 2005, the Illinois EPA . . . conducted an

inspection of the Site. During the inspection, the Illinois

EPA inspectors observed approximately 500 used and

waste tires at the Site . (Emphasis added.)

26 . The Complaint is contradicted by Illinois EPA's own Narrative Inspection

Report, which, in turn, is contradicted by SHERIDAN's affidavits .

27. On January 13, 2006, SHERIDAN met with representatives of Illinois EPA

and the Illinois Attorney General at the Attorney General's office in Chicago, Illinois .

SHERIDAN informed those in attendance that, inter alia, for the reasons set forth in this

Affirmative Defense, above, and in each of the Affirmative Defenses herein, each of the

allegations set forth in the Violation Notice were made without reasonable cause .

28. Section 10-55(a) and (b) of the Illinois Administrative Procedure Act, 5 ILCS

100/10-55(a) and (b), state, in pertinent part, as follows :

(a) In any contested case initiated by any agency . . .any

allegation made by the agency without reasonable cause

and found to be untrue shall subject the agency making the

allegation to the payment of the reasonable expenses,

including reasonable attorney's fees, actually incurred in

defending against that allegation by the party against whom

the case was initiated . . .

(b) The claimant shall make a demand for litigation

expenses to the agency . . .

29. Pursuant to Section 10-55(a) of the Illinois Administrative Procedure Act, 5

ILCS 100/10-55(a), SHERIDAN sent a letter dated July 18, 2006 to the Illinois Attorney

General informing the STATE that the allegations set forth in the Complaint were made

26

---

without reasonable cause

. SHERIDAN's July 18, 2006 letter, a copy of which is attached

hereto as Exhibit

"D",

further stated that SHERIDAN would seek its reasonable

expenses, including reasonable attorney's fees pursuant to Section 10-55(a) of the Illinois

Administrative Procedure Act, 5 ILCS 100/10-55(a) caused by reason of such allegations

.

30

. SHERIDAN hereby demands its reasonable expenses, including reasonable

attorney's fees pursuant to Sections 10-5 5(a) and (b) of the Illinois Administrative

Procedure Act, 5 ILCS 100/10-55(a) and (b) caused by reason of allegations in the

Complaint made without reasonable cause

.

FOURTH AFFIRMATIVE DEFENSE

(In the Alternative)

SHERIDAN, for its Fourth Affirmative Defense to the STATE's Complaint,

pursuant to Section 103

.204(d) of the Board regulations, 35 Ill

. Adm. Code 103 .204(d)

and Section 2-613(d) of the Code of Civil Procedure, 735 ILCS 5/2-613(d), alleges and

avers that the STATE's complaint against SHERIDAN cannot be recovered upon by

reason of operation of Sections 31(b) and 31(c)(1) of the Act, 415 ILCS 5/31(b) and

5/31(c)(1), and is therefore barred, as follows

:

1-27

. SHERIDAN hereby realleges and incorporates by reference herein

paragraphs 1 through 27 of its Third Affirmative Defense as and for paragraphs 1 through

27 of this Fourth Affirmative Defense .

28

. Section 31(b) of the Act, 415 ILCS 5/31(b), states, in pertinent part, as

follows :

For alleged violations that remain the subject of

disagreement between the Agency and the person

complained against following fulfillment of the

requirements of subsection (a) of this Section,

and as a

27

---

precondition to the Agency's referral or request to the

Office of the Illinois Attorney General . . .for legal

representation regarding an alleged violation that may be

addressed pursuant to subsection (c) . ..of this Section . . .the

Agency shall issue and serve, by certified mail, upon the

person complained against a written notice informing that

person that the Agency intends to pursue legal Action .

Such notice shall notify the person complained against of

the violations to be alleged and offer the person an

opportunity to meet with appropriate Agency personnel in

an effort to resolve any alleged violations that could lead to

the filing of a formal compliant . . . Nothing in this subsection

is intended to preclude the Agency from following the

provisions of subsection (c) . . . of this Section or from

requesting the legal representation of the Office of the

Illinois Attorney General . . . for alleged violations which

remain the subject of disagreement between the Agency

and the person complained against

after the provisions of

this subsection are fulfilled . (Emphasis added.)

Thus, following the issuance of a notice of intent to pursue legal action, where the party

complained against requests a meeting with Illinois EPA, Illinois EPA is required to meet

with the party complained against and, there, Illinois EPA is required to make an "effort

to resolve any alleged violations that could lead to the filing of a formal complaint ." No

referral can be made to the Illinois Attorney General unless all the provisions of Section

31(b) of the Act, 415 ILCS 5/31(b), including that one, are fulfilled .

29 . Section 31(b) of the Act, 415 ILCS 5/31(b), thereby imposes upon Illinois

EPA thereby a statutory obligation of good faith negotiation . If and only if Illinois EPA

meets that statutory obligation may it request legal representation by the Illinois Attorney

General pursuant to Section 31(c) of the Act, 415 ILCS 5/31(c) .

30

. Following the receipt of the Notice of Intent (which incorporated the alleged

violations set forth in the Violation Notice), SHERIDAN requested a meeting with

28

---

Illinois EPA pursuant to Section 31(b) of the Act, 415 ILCS 5/31(b)

. That meeting was

scheduled for September 27, 2005 at the offices of Illinois EPA in Des Plaines, Illinois

.

31

. In September, 2005, prior to the meeting between SHERIDAN and Illinois

EPA, Illinois EPA informed SHERIDAN that, notwithstanding that Illinois EPA was

required by Section 31(b) of the Act, 415 ILCS 5/31(b), to meet with the offending party

to make an effort to resolve the alleged violations that could lead to the filing of a formal

complaint, it was the policy of Illinois EPA not to resolve any alleged violations at such a

meeting

. Rather than meet to resolve such alleged violations, it was the policy of Illinois

EPA to hold the meeting as a mere formality prior to a referral to the Illinois Attorney

General.

32 . SHERIDAN did, in fact, meet with Illinois EPA at the offices of Illinois EPA

on September 27, 2006

. None of the alleged violations set forth in the Violation Notice

was resolved

. No such resolution occurred despite SHERIDAN's efforts to resolve such

alleged violations by SHERIDAN's own good faith negotiation, not reciprocated by

Illinois EPA, including, but not limited to, SHERIDAN's presentation of affidavits at the

meeting that contradicted the allegations in the Violation Notice .

33

. The meeting held between Illinois EPA and SHERIDAN on September 27,

2006 was a mere pretense engaged in by Illinois EPA in which Illinois EPA purposefully,

and in direct contravention of the requirements of Section 31(b) of the Act, 415 ILCS

5/31(b), made no effort to resolve any of the alleged violations that ultimately led to the

filing of a formal complaint by the Illinois Attorney General against SHERIDAN . Not

only did Illinois EPA not make any effort at the September 27, 2006 meeting to resolve

29

---

the alleged violations set forth in the Violation Notice, but also Illinois EPA actively

thwarted the efforts made by SHERIDAN to resolve such alleged violations

.

34

. Illinois EPA thereby failed to fulfill the provisions of Section 31(b) of the

Act, 415 ILCS 5/31(b) .

35

. Illinois EPA was thereby barred from requesting the legal representation of

the Illinois Attorney General pursuant to Section 31(c) of the Act, 415 ILCS 5/31(c) .

36. Section 31(c)(1) of the Act, 415 ILCS 31(c)(1), states, in pertinent part, as

follows :

(1) For alleged violations which remain the subject of

disagreement between the Agency and the person

complained against following waiver, pursuant to

subdivision (10) of subsection (a) of this Section, or

fulfillment of the requirements of subsections (a) and (b) of

this Section, the Office of the Illinois Attorney

General . . . shall issue and serve upon the person complained

against a written notice together with a formal complaint,

which shall specify the provision of the Act or the rule or

regulation. . .which such person is said to be in violation,

and a statement of the manner in, and the extent to which

such person is said to violate the Act or such rule or

regulation. . .

and shall require the person so complained

against to answer the charges of such formal complaint at a

hearing before the Board . . .

Thus, before the Attorney General can file a complaint before the Board, Illinois EPA

must have, inter alia, fulfilled the requirements of Section 31(b) of the Act, 415 ILCS

5/31(b) .

37 . However, as set forth above, Illinois EPA failed to fulfill the requirements of

Section 31(b) of the Act, 415 ILCS 5/31(b) due to its failure to fulfill its statutory

obligation of good faith negotiation by making an effort to resolve the alleged violations

30

---

that ultimately led to the filing of a formal complaint by the Illinois Attorney General

against SHERIDAN .

38. Because Illinois EPA failed to fulfill the requirements of Section 31(b) of the

Act, 415 ILCS 5/31(b), the Attorney General was barred from filing a complaint against

SHERIDAN with the Board pursuant to Section 31(c)(1) of the Act, 415 ILCS 31(c)(1) .

39 . Despite Illinois EPA's failure to fulfill the requirements of Section 31(b) of

the Act, 415 ILCS 5/31(b), the Attorney General filed the within Complaint against

SHERIDAN.

40. The Complaint is illegal and barred by operation of the provisions of Sections

31(b) and 31(c)(1) of the Act, 415 ILCS 5/31(b) and 5/31(c)(1) .

FIFTH AFFIRMATIVE DEFENSE

SHERIDAN, for its Fifth Affirmative Defense to the STATE's Complaint,

pursuant to Section 103 .204(d) of the Board regulations, 35 Ill . Adm. Code 103 .204(d)

and Section 2-613(d) of the Code of Civil Procedure, 735 ILCS 5/2-613(d), alleges and

avers as follows :

1 . The Complaint alleges at Count V, paragraphs 24-26 that SHERIDAN failed

to display a placard when allegedly transporting tires, purportedly in violation of,

inter

alia, 35 Ill . Adm. Code 848 .601(a)(1)

.

2. 35 Ill . Adm. Code 848 .601 (a) states, in its entirety, as follows :

Section 848 .601 Tire Transportation Prohibitions

a) Except as provided in subsection (c), no person

shall transport more than 20 used or waste tires in a

vehicle unless the following requirements are met .

1) The owner or operator has registered the vehicle

with the Agency in accordance with this Subpart,

31

---

received approval of such registration from the

Agency, and such registration is current, valid and

in effect.

2) The owner or operator displays a placard on the

vehicle, issued by the Agency following

registration, in accordance with the requirements of

this Subpart .

b) No person shall provide, deliver or transport used

or waste tires to a tire transporter for transport

unless the transporter's vehicle displays a placard

issued by the Agency under this Subpart identifying

the transporter as a registered tire hauler

.

(Emphasis added.)

Thus, 35 Ill

. Adm

. Code 848 .601 (a) provides that,

"except as provided in subsection (c)"

one may not haul more than 20 tires without being registered and displaying a placard

.

3 . 35 Ill . Adm. Code 848.601

is unfinished and incomplete, and, therefore,

invalid . As stated in preface to 35 Ill . Adm

. Code 848 .601(a), there is an exception at

subsection "c" of 35 Ill

. Adm . Code 848 .601 . Yet, there is no subsection

"c ". It is clear

that the Board intended to provide an exception to the registration and placarding

requirement, but, through apparent error or omission, the exception is missing

. If

SHERIDAN qualified for this exception, it may not be subject to enforcement

. However,

as the regulation stands, it is impossible to determine whether SHERIDAN is thusly

exempt

. For this reason, the regulation is inherently unenforceable and invalid

.

4

. Section 10-55(c) of the Illinois Administrative Procedure Act, 5 ILCS 100/10-

55(c), states as follows :

(c) In any case in which a party has any administrative rule

invalidated by a court for any reason, including but not

limited to the agency's exceeding its statutory authority or

the agency's failure to follow statutory procedures in the

adoption of the rule, the court shall award the party

32

---

bringing the action the reasonable expenses of the

litigation, including reasonable attorney's fees .

5

. Due to the invalidity of 35 Ill . Adm. Code 848 .601, SHERIDAN demands the

reasonable expenses of the litigation, including reasonable attorney's fees .

Respectfully submitted,

Respondent, SHERIDAN SAND & GRAVEL CO .

enneth spac , Esq.

ANSPACH & ASSOCIATES

8 South Michigan Avenue

Suite 3400

Chicago, IL 60603

(312) 407-7888

33

---

815/987-7760

Fax #815/987-7005

May 4, 2005

Sheridan Sand & Gravel

2679 N.4201 Road

Sheridan, Illinois 60551

Re:

Violation Notice, L-2005-01188

LPC #0998215024

-- LaSalle County

Sheridan (Mission Twp

.)/Sheridan Sand & Gravel

Compliance File

Dear Mr . Vardijan :

This constitutes a Violation

Notice

pursuant to Section 31(a)(1) of the Illinois Environmental

Protection Act, 415 ILCS'5/31(a)(1), and is based an inspection completed on April 19, 2005 by

representatives of the Illinois Environmental Protection Agency ("Illinois EPA") .

The Illinois EPA hereby provides notice of alleged violations of environmental statutes,

regulations, or permits as

set forth in the attachment to this notice

. The attachment includes an

explanation of the activities that the Illinois EPA believes may resolve the specified alleged

violations, including an estimate of a reasonable time period to complete the necessary activities

.

Due to the nature and seriousness of the alleged violations, please be advised that resolution of

the violations may require the involvement of a prosecutorial authority for purposes that may

include, among others, the imposition of statutory penalties

.

A written response, which may include a request for a meeting with representatives of the Illinois

EPA, must be submitted via certified mail to the Illinois EPA within 45 days of receipt of this

notice

. The response must address each alleged violation specified in the attachment and include

for each an explanation of the activities that will be implemented and the time schedule for the

this

completion

noticeof

.

that

The

activitywritten

. If

response

a meeting

will

is requested,

constitute

it shall

a proposed

be held within

Compliance

60

days

Commitmentof

receipt of

Agreement ("CCA")

pursuant to Section 31 of the Act

. The Illinois EPA will review the

proposed CCA and will accept or reject it within 30 days of receipt

.

ROCKFORD-4302

ELGIN

North

-595

Main

South

Street,

State,

Rockford,

EISIn, IL

It

60123-(847)

61103-(815)

608-1117987-7760

• DES PWN ES--9511 W

. Harrison St, Des Plaines, It 60016-(847) 294

.4000

BUREAU of LAND •PEORIA-7620 N

. University St ., Peoria, IL 61614-

"'14-009) 693-5463

SFnINOnELO-4500 S. Sixth Street Rd.,

Sprin8feld, IL 62706 -(

hampaign, IL 61820-(217) 278

.5000

MARION-2309 W

. Ma

Ille, IL 62234-(618) 346-5120

1021 NORTH GRAND AVENUE

EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397

JAMES R . THOMPSON CENTER, 100 WEST

RANDOLPH, SURE 11-300, CHICAGO, IL 60601, 312-814-6026

ROD R. BLACOJEVICI I, GOVERNOR

RENEE CIPRIANO, DIRECTOR

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

CERTIFIED MAIL #7002 2030 0001 8572 1303

RETURN RECEIPT REQUESTED

EXHIBIT "A"

---

Violation Notice, L-2005-01188

LPC #0998215024 -- LaSalle County

Sheridan

May 4, 2005

(Mission Twp

.)/Sheridan Sand & Gravel

Page 2

If a timely written response to this Violation Notice is not provided, it shall be considered to be a

waiver of the opportunity to respond and to meet provided by Section 31 (a) of the Act, and the

Illinois EPA may proceed with a referral to the prosecutorial authority .

Written communications should be directed to :

Illinois EPA - Bureau of Land

Attn: Shaun Newell

4302 North Main Street

Rockford, Illinois 61103

All communications must include reference to your Violation Notice L-2005-01188 . If you

have questions regarding this matter, please contact Shaun Newell at 815/987-7760 .

Sincerely,

David S. Retzlaff

Manager -Region 1

Field Operations Section

Bureau of Land

DSR:SN:tl

Enclosure

/_)OW~16W

---

Attachment

1 .

Pursuant to Section 21(k) of the [Illinois] Environmental Protection

Act (415 JLCS

5/21(k)), no person shall fail or refuse to pay any fee imposed under this Act .

A violation of Section 21(k) of the [Illinois] Environmental Protection Act (415 TLCS

5/21(k)) is

alleged for the following reason: Failure to pay the required $100.00 Annual Tire Storage

fee for 2005.

2.

Pursuant to Section 55(a)(4) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(a)(4)), no person shall cause or allow the operation of a tire storage site except in

compliance with Board regulations .

A violation of Section 55(a)(4) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(a)(4)) is alleged for . the following reason

:

Waste tires have accumulated ou site for

longer than a year.

3 .

Pursuant to Section 55(d)(1) of the [Illinois] ]Environmental Protection Act (415 ILLS

5/55(d)(l)), beginning January 1, 1992. no person shall cause or allow the operation of a

tire storage site which contains more than 50 used tires, unless the owner or operator, by

January 1, 1992 (or the January 1 following commencement of operation, whichever is

later) and January 1 of each year thereafter, (i) registers the site with the Agency, (ii)

certifies to the Agency that the site complies with any applicable standards adopted by

the Board, pursuant to Section 55 .2, (iii) reports to the Agency the number of tires

accumulated, the status of vector controls, and the actions taken to handle and process the

tires, and (iv) pays the fee required under subsection (b) of Section 55 .6.

A violation of Section 55(d)(1) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(d)(1)) is alleged for the following reason: Failure to register as a tire storage site .

4.

Pursuant to Section 55(e) of the [Illinois] Environmental Protection Act (415 1LCS

5/55(e)), no person shall cause or allow the storage, disposal, treatment or processing of

any used or waste tire in violation of any regulation or standard adopted by the Board .

A violation of Section 55(e) of the

.[Illinois] Environmental Protection Act (415 ILCS

5/55(e)) is

alleged for the following reason

: Failure to prevent the waste tires from accumulating water .

5.

Pursuant to Section 55(g) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(g)), no person shall engage in any operation as a used or waste tire transporter

except in compliance with Board regulations

.

A violation of Section 55(g) of the [Illinois] Environmental Protection Act (415 ILCS 5/55(g)) is

alleged for the following reason :

Waste tires were transferred to the site and transporter

was not permitted to haul tires .

---

Attachment, page 2

6.

Pursuant to Section 55.6(b) of the [Illinois] Environmental Protection Act (415 ILCS

5/55.6(b)), beginning January 1, 1992, in addition to any other fees required by law, the

owner or operator of each site required to be registered under subsection (d) of Section 55

shall pay to the Agency an annual fee of $100. Fees collected under this subsection shall

be deposited into the Environmental Protection Permit and Inspection Fund

.

A violation of Section 55-6(b) of the [Illinois] Environmental Protection Act (415 ILCS

5/55

.6(b)) is alleged for the following reason

:

Failure to pay the required tire storage fee by

January 1 of each year

.

7.

5/55Pursuant

.8(b)),

to

a

Section

person

55who

.8(b)

accepts

of the

used

[Illinois]

tires for

Environmental

recycling under

Protectionsubsection

Act

(a)(415

shall

ILCSnot

allow the tires to accumulate for periods of more than 90 days .

A violation of Section 55

.8(b) of the [Illinois] Environmental Protection Act (415 ILCS

5/55.8(b)) is alleged for the following reason : Waste tires have accumulated

on site longer

than 90 days .

8.

Pursuant to 35 Ill. Adm

. Code 848 .202(b)(4), at sites at which more than 50 used or waste

tires arc located the owner or operator shall comply with the following requirement :

Used or waste tires shall be drained of water on the day of generation or receipt

.

A violation of 35111

. Adm. Code 848.202(b)(4) is alleged for the following reason

:

Failure to

drain the water from used/waste tires stored inside the box trailer

.

9.

Pursuant to 35111

. Adm . Code 848 .202(b)(5), at sites at which more than 50 used or waste

tires are located the owner or operator shall comply with the following requirement :

Used or waste tires received at the site shall not be stored unless within 14 days after the

receipt of any used tire the used tire is altered, reprocessed, converted, covered or

otherwise prevented from accumulating water

.

A violation of 35 111

. Adm. Code 848

.202(b)(5) is alleged for the following reason : Failure

to

prevent water from accumulating inside waste tires that have been stored on site longer

than 14 days.

10. Pursuant to 35 Ill

. Adm. Code 848 .202(c)(1), in addition to the requirements set forth in

subsection [848202] (b),

the owner or operator shall comply with the following

requirement at sites at which more than 500 used or waste

tires arc located . A

contingency plan, which meets the requirements of Section 848

.203 shall be maintained .

A violation of 35 Ill . Adm. Code 848

.202(c)(1) is alleged for the following reason : There were

more than 500 tires on site and no Contingency

Plan on site

.

---

Attachment, page 3

11. Pursuant to 35 111. Adm. Code 848

.202(c)(2), in addition to the requirements set forth in

subsection [848 .202] (b),

the owner or operator shall comply with the following

requirement at sites .at which more than 500 used

or waste tires are located . The

recordkeeping and reporting requirements of [35 111 . Adm

. Code 848] Subpart C shall be

met.

A violation of 35111 . Adm. Code 848

.202(c)(2) is alleged for the following reason : There are no

tire disposal records on site.

12.

Pursuant to 35 111 . Adm. Code 848.302(a)(1),

the owner or operator shall keep a record of

used and waste tires at the site

. The owner and operator shall keep the following records

:

1)

Daily Tire Record

2)

Annual Tire Summary

A violation of 35 111- Adm. Code 848 .302(a)(1) is alleged for the following reason

: Tire storage

sites that maintain more than 500 used/waste tires are required to keep a Daily Tire Record

on site

. There was no Daily Tire Record on site.

13.

Pursuant to 35111

. Adm. Code 848.302(a)(2),

the owner or operator shall keep a record of

used and waste tires at the site . The owner and operator shall keep the following records

:

1)

Daily Tire Record

2)

Annual Tire Summary

A violation of 35111. Adm. Code 848.302(a)(2) is alleged for the following reason : Tire storage

sites that maintain more than 500 used/waste tires are required to keep an Annual Tire

Summary. There is no evidence that an Annual Tire Summary was

submitted to

Springfield Headquarters .

14. Pursuant to 35111

. Adm. Code 848.304(c),

the Annual Tire Summary shall be received by

the Agency on or before January 31 of each year and shall cover the preceding calendar

year.

A violation of 35 IIl

. Adm. Code 848.304(c) is alleged for the following reason

: ]Failure to

submit an

Annual Tire

Summary by January

31 of each year.

15. Pursuant to 35 111. Adm. Code 848 .305, copies of all records required to be kept under

this [35 IIl . Adm. Code 848] Subpart [C] shall be retained by the owner and operator for

three years and shall be made available at the site during the normal business hours

of the

operator for inspection and photocopying by the Agency_

---

Attachment, page 4

A violation of 35 11L Adm . Code 848.305

is alleged for the following reason

:

No tire records

were found on site

.

16.

(c),Pursuant

no person

to 35

shall

111 . Admtransport

. Code

more

848.601(a)(1),

than 20 used

except

or waste

as provided

tires in

in

a

subsection

vehicle unless

[848 .601]the

following requirements are met_

1) The owner or operator has registered the vehicle with the Agency in accordance

with

this [35 111. Adm. Code 848] Subpart [P], received approval of such

registration from the Agency, and such registration is current, valid and in effect .

The owner or operator displays a placard on the vehicle, issued by the Agency

following registration, in accordance with the requirements of this [35 Ill

. Adm.

Code 848] Subpart [P].

A violation of 35 111. Adm. Code 848

.601(a)(1) is alleged for the following reason

: Failure to

register as an Illinois registered tire transporter.

17. Pursuant to 35 Ill

. Adm. Code 848.601(a)(2), except as provided in subsection [848

.601]

(c), no person shall transport more than 20 used or waste tires in a vehicle unless the

following requirements are met.

1)

The owner or operator has registered the vehicle with the Agency in accordance

with this [35 III . Adm. Code 848] Subpart

[P], received approval of such

registration from the Agency, and such registration is current, valid and in effect .

The owner or operator displays a placard on the vehicle, issued by the Agency

following registration, in accordance with the requirements of this [35 111 . Adm.

Code 848] Subpart

[F] .

A violation of 35 111

. Adm. Code 848 .601(a)(2) is alleged for the following reason : Failure to

display an Illinois registered tire transporter placard on your vehicle .

Suggested Resolutions

Inunediately

complete the attached Notitication/Registration form and pay the required

tire storage fee for 2005.

By

transporterJune

19,

.

2005, dispose of all used/waste tires on site using an Illinois

registered tire

Or

---

Attachment, page 5

Immediately drain all water from the

used/waste tires on site

. Immediately store all the

used tires in such a manner as to prevent them from accumulating water

. Waste tires must

be disposed using an Illinois registered tire transporter .

By June 19, 2005, complete the attached :

Contingency Plan - a sample plan was provided

. Please modify this plan as needed.

Annual Tire Summary

. Please complete

and submit this form to Springfield

(Headquarters) .

Daily Tire Record

. Immediately track the number of tires generated on your

property . This form must be kept on site for IEPA review

.

The written response to this Violation Notice must include information in rebuttal,

explanation, or justification of each alleged violation and must be submitted to the Illinois

EPA

by certified mail, within 45 days of receipt of this Violation Notice

. The written

response must also include a proposed Compliance Commitment Agreement that commits

to specific remedial actions, includes specified times for achieving each commitment, and

may include a statement that compliance has been achieved

.

---

0998215024-LaSalle County

Sheridan (rilission Trvsp .)/Sheridan Sand & Gravel

FOS File

NARRATIVE INSPECTION REPORT

On April 19, 2005, I (Shaun Newell) inspected the above referenced facility

. The

purpose of the inspection was to investigate a citizen complaint

referred to the LaSalle

County Environmental Services & Land terse Depr~artment, which was then referred to the

Rockfrd Regional Office

. The complaint, C-05-021R, alleged that two sand & gravel pits

located near Sheridan, Illinois contained various containers with waste tires and inoperable

vehicles

. Apparently, there also was an allegation that contaminated diesel fuel had been

buried

two sites

on siteon

April

. Christy

6, 2005

Vargochik,

to determine

an inspector

whether

with

the sites

LaSalle

contained

County,

waste

initially

tiresinspected

. Once

theMs

.

Vargochik haddetermined that there were dumpsters and semi trailers containing waste

tires on site, the Rockford Regional Office was notified

. According to LaSalle County

court records, the property located at 2679 N

. 4201 Rd

. is owned/operated by Branko &

Tony Vardijan of Chicago, Illinois

. Branko Vardijan apparently owns Ravenswood

Disposal Service, a construction & demolition debris transfer station located at 221 N

.

Washtenaw in Chicago, Illinois 60612

. According to IEPA records, Ravenswood Disposal

Service has a site number LPC#0316275201 in the SEIDS database

. IEPA database also

verifies that there apparently was a diesel spill at Ravenswood Disposal Service that

generated an IBMA P20012066 number on December 19, 2001

. The City of Chicago

Environmental Services Division, under a delegated agreement with the IEPA, performs

inspections monthly at Ravenswood Disposal

. No apparent solid waste violations have

been noted during the City of Chicago inspections .

Before investigating the site on April 19, 2005, Ms

. Vargochik and I attempted to contact

Branko Vardijan at Ravenswood Disposal Service

. He was not available but at

approximately 11 :05 A.M., Ms

. Vargochik received percussion to enter the property by

speaking with Tony Vardijan : Ms. Vargochik and I then drove to sand pit #1 located west

of Sheridan along County Highway 32

. Numerous inoperable vehicles and trucks entering

the site with C & D waste were observed on site . Ms

. Vargochik and I interviewed Dan

Hughes, an employee who operates the site . Mr

. Hughes acknowledged that clean

construction debris from Ravenswood Disposal is shipped to this location

. On-site records

are kept for loads Leaving the facility. Mr

. Hughes contacted his boss and we then drove to

sand pit #2 located at 2679 N . 4201 Rd. in Mission Township

. The inspection began at

11 :20 A .M. Mr

. Hughes unlocked the gate and we drove to the center of the pit . Numerous

inoperable vehicles (inoperable bulldozer, heavy trucks), semi/box trailers, and seven roll-

off boxes were identified on site

. I examined each container and discovered approximately

2,000 waste semi, truck, car and tractor tires inside seven roll-off boxes and two open top

semi trailers . I estimated approximately 50% were found off rim with stagnant water

visible

. To obtain an overall view of the waste tires inside the containers, I climbed on top

of a nearby inoperable bulldozer . Four photographs were taken to show the waste tires

.

inside the containers . Photograph 0998215024-041905-001

faces northwest showing the

two semi trailers on the right that contain water accumulation

. Photograph

0999215024-041905-002 faces west showing the waste tires inside the roll-off boxes

.

Photograph 0998215024-041905-003 faces northwest showing an overview of the two

open top trailers full of semi tires

. Photograph 0998215024041905-004 faces west

showing the waste tires inside the roll-off boxes .

---

Sheridan (Mission

0998215024-LaSa11e

TwspFOS

.)/Sheridan

File

County

Sand & Gravel

facility

tempoUSGS

I

Vardijan

acknowledged

then

rarily

onhas

asked

was

Aprildisposed

transferred

interviewed

that

Mr13,

.

they

Hughes

of

2001

waste

from

were

by

shows

how

his

phone

tires

on

the

site

facility

long

through

that

semi

longer

the

same

trailers

about

Tire

waste

than

day

Management

a year

and

in

tires

one

the

acknowledged

agoyearcenter

were

in

.

.

Aurora,

MrA

on

.

of

satellite

VardiJjan

site

the

the

Illinois

propertywaste

and

image

stated

in

Mrtires

.

the

.

taken

that

BrankoHughespast-weretheby

disposalNotification/Registration

Vardijan

transporterI

explained

.

that

.

I

all

that

suggested

the

the

used/waste

facility

form,

that

and

the

tires

submit

facility

must

must

register

it

must

to

be

Springfield,

disposed

obtain

as a

disposal

using

tire

Illinoisan

storage

receipts

Illinois

. I

site,

also

to

registered

verify

informed

complete

propertireMra

.

the

Vardijan

are

screened

asI

sitesoutheast

area

tire

showing

C

debriswas

Mrwaste

areas,

and

completed

&

I

.

.

facility

completedplastic

formerly

D

tracks

interviewed

it

TVA

Hughes,

.

tire

debris

was

was

The

was

by

an

showing

readings

found

storage

observed

hand

impossible

a

were

overview

C

contacted

tries

.

were

used

Clean

&

MsMrD

on

at

found

.

the

Mrdebris

.

Vargochik,

to

observed

to

top

area_

the

Construction

showed

.

covering

Vardi,jan

face

of

comply

Vardijan

wash

to

in

by

of

Ravenswood

the

determine

the

has

phone

Clean

the

of

sandbackground

on

the

with

areafilled

and

C

an

been

acknowledges

at

construction

by

site&

.

estimated

C

or

I

.

D

IEPA

An

Disposal

the

&

manicured

phonewhether

then

Large

areaDemolition

quarry

.

D

estimated

end

fill

Mrlaw

.

readings

walked

.

chunks

.

Photograph

of

30

.

Mror

Hughes

.

that

areatransfer

I

debris

using

Photographthe

.

acres

not

suggested

to

Debrisof

Vardijan

.

records

50%

inspection

stated

the

diesel

Due

and

concrete,

heavy

of

approximately

stationof

"fill

to

.

0998215024041905-005

no

landDisposal

this

are

that

the

that

contaminated

.0998215024--041905-006

stated

equipment

samples

.

area"

maintained

rocks,

.

extreme

and

this

area

Diminimus

the

No

Site

that

informed

located

FID

quarry

facility

5-8

was

were

bricks,

as

thickness

Inspection

the

soil

or

feet

evidenced

for

covered

is

takenpieces

PID

southwest

of

C

sand

was

might

each

not

thick

&

my

screeningsof

faces

D

.

buried

active

Checklistand

findingsby

waste

load

the

of

want

Brankoby

in

facesof

C

otherwoodfilleasttheSomeand&

onbutthetoisD

.

consider

suggested

12:30 P.Ma

that

.

screening

he and

process

his, brother

for C

would

& D waste

consider

entering

my advicethe

Sheridan

. The inspection

facility

.

concluded

Mr. Vardijanat

Environmental

848Based

Sections

848.202(c)(2),

.601(a)(2)

on my

21(k),inspection

of

Protection

84835

55(a)(4),

.302(a)(1),

Illinois

results,

Act

55(d)(1),Admand

the

848

. Code_following

Sections

.302(a)(2),

55(e),

alleged

84855(g),

848.202(b)(4),

.304(c)used/waste

55.6(b),

; 848848tire

.305,

.202(b)(5),

55.8(b)

violations

848of .601(a)(I),

848the

were

.202(c)(Illinoiscitedand.1),

:

---

LPC e

0998215024-LaSalle County

Sheridan/Sheridan Sand & Gravel

FOS File

DATE: April 19, 2005

TIME:

. 11:37 A.M.

DIRECTION: Northwest

PHOTO by- S

. Newell

PHOTO FILE NAME

:

0998215024-041905-003

COMMNIENTS : Facing N'W

showing an overview of the

two open top trailers full of

waste semi tires

.

DATE

TIME.

:

.

April

11:40

19,

KM

2005

.

DIRECITON

: West

PHOTO by : S. Newell

PHOTO TTLE NAME :

0998215024-041905-004

COMMENTS

: Facing W

showing the waste tires inside

zhe roil-off boxes.

DIGITAL PHOTOGRAPH PHOTOCOPIES

---

LPC 4 0998215024-LaSaiie County

SheridaniSheridan Sand & Grave!

FOS File

DATE: April 19, 2005

TIME:.' 11 :30 A .M.

DIRECTION : Northwest

PHOTO by: S

. Newell

PHOTO FILE NAME :

099821502

1905-001

COMMENTS

: Facing NW

showing the two trailers from

center to right of the

photograph

that lire full of

waste tires.

DATE

: April

19,2W-

TIME:. 11 :35 AM

DIRECTION: West

PHOTO by: S. Newell

PHOTO FILE NAME :

0998215024.041905002

COMMENTS: Facing W

showing the waste tires inside

the roll-off boxes.

DIGITAL PHOTOGRAPH PHOTOCOPIES

---

LPC # 0998215024-LaSalle County

SheridanlSheridan Sand & Gravel

FOS File

DATE: April 19, 2005

TINCE:

. 12_10 P .M

DIRECTION : East

PHOTO by: S. Newell

PHOTO FILE NAME:

0998215024-04190E-005

COMMENTS: Facing E

showing an overview of the C

& D quartv_

DATE

: April 19, 2005

TIME:. 12:15 P.M.

DIRECTION: Southeast

PHOTO bv: S. Newell

PHOTO FILE

NAME:

0998215024-041905-006

COMMENTS: Facing SE

showing the face of the C & D

fill area

DIGITAL PHOTOGRAPH PHOTOCOPIES

---

Cate of Inspection :

Site Code

:

~~11~16~a

IL

LFc53Z-i5sz

7

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0

10,60

STATE OF ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

SITE SKETCH

Site Name :

1e,7d-qN

a-q-t4~ eG~>

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Time :

.//'7~r9 sv/

Inspector

:

County : ~gdalilE

per

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---

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---

FMCH

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MUMS 2 km NE of Sheridan, Illinois,

United States

13 Apr 200

OL---

loom *

a'

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Image courtesy of the U .S . Geological Survey

Z 2004 Microsoft Corporation

. Terms of Use

Privacy Statement

http://temserver,homLadvisor.ms.n.com/Nntlrnage

.aspx?T=I&S

=10&Z=l6&X=l 806&Y... 4/27/2005

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Tire Storage Site Inspection Checklist

Waste Tire Hauler Used

: None

Hauler Registration Number

:

N/A

Ravenswood Disposal

Responsible Party Mailing

Attn : Branko &

Tony Vardijan

221 N . Washtenaw Ave .

Chicago, IL 60612

Estimated Number of Used Tires Located

At This Facility, including ahered, converted and reprocessed tires .

Addrcss(cs) :

2,000 est

SECTION

DESCRIPTION

VIOL

LPC6t-Unj

at,, Lm97

Tire Stange Silt, I

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

1 21(k)

FAIL OR REFUSE TO PAY ANY FEE IMPOSED UNDER THIS ACT

2

55(a)(4)

CAUSE OR ALLOW THE OPERATION OF A TIRE STORAGE SITE EXCEPT IN COMPLIANCE WITH

BOARD REGULATIONS

Note

: Also Mark appr'opriatc Violations Of Part 848

0

3 55(b- 1)

MUNICIPAL

NO PERSON SHALL

WASTEKNOWINGLY

MIX ANY USED OR WASTE TIRE, EITHER WHOLE OR CUT, WITH

U

4 55(e)

FAILURE TO FILE THE REQUIRED NOTIFICATION WITH THE AGENCY BY 1/1/90 OR WITHIN 30

DAYS OF COMMENCEMENT OF

THE STORAGE ACTIVITY .

∎

5 55(d)(l)

CAUSE OR ALLOW THE OPERATION OF A TIRE STORAGE SITE WHICH CONTAINS MORE THAN 50

USED

YEAR:

TIRES WITHOUT MEETING THE FOLLOWING

REQUIREMENTS BY JANUARY I OF EACH

i

Register the Site with the Agency

ii.

Certify

to the Agency that the Site Complies with any Applicable Standards Adopted by the

iii .

Baud Pursuant to Section 55 .2

Report to the Agency the Number of Tires Accumulated, the Status of Vector Controls, and

the Actions Taken to Handle and Process the Tires

iv .

Pay the Fee Required under Subsection (b) of Section 55 .6

6 55(e)

CAUSE OR ALLOW THE STORAGE, DISPOSAL, TREATMENT OR PROCESSING OF ANY USED OR

WASTE TIRE IN

VIOLATION OF ANY REGULATION OR STANDARD ADOPTED BY THE BOARD,

Note

: Also Mark appropriate Violations of Part 848

55(f)

ARRANGE

GENERATION

FOR

WITH

THE TRANSPORTATION

A PERSON KNOWN

OF

To

USED

OPENLY

OR

DUMP

WASTE

SUCH

TIRES

TIRESAWAY

FROM THE SITE OF

∎

8

55(g)

Note,

COMPLIANCE

ENGAGEAlso

IN

Mark

ANY

a

WITH

Violation

OPERATION

BOARD

of Subpart

REGULATIONSAS

A

FUSED

OR

.

WASTE TIRE TRANSPORTER EXCEPT IN

~~

9 55(h)

CAUSE

UNLESS

OR

A PERMIT

ALLOW THE

HAS BEEN

COMBUSTION

ISSUED

OF

BY

ANY

I HE

USED

AGENCYOR

WASTE TIRE IN

AN ENCLOSED DEVICE

Q

'

10 55(i)

CAUSE OR ALLOW THE USE OF PESTICIDES TO TREAT TIRES EXCEPT AS PRESCRIBED BY

∎

County :

LaSalle

LPCk :

0998215024

Region :

1 - Rockford

City/Facility

Name:

Sheridan (Mission Twsp)/Shcridan Sand & Gravel

Facility Location:

2679 N . 4201 Rd

. Sheridan, IL 60551

Telephone

:

(773) 638-7676

Date :

04-19-05

Time :

From

11 ;20 A To

12 :30P Previous Inspection Date :

None

Inspector(s)

:

Newell : Vargochik (LaSalle Co

. Env. Scrv . & Land Use Depart,)

No

. of Photos Taken

; ft 6

Weather

Sunny 80 degrees

No . of Samples Token :

N/A

Interviewed :

Dan Hughes-employer

:BrankoVardijan-propertyTusinasssowner

Complaint # :

C-05-021R

---

Date;

06,

Ray 2/4N7

Tire Story,'e Site -4

(1)

Develop a tire storage plan in consultation with tire officials meeting the requirements o£ 848304

(c)( I)

(A) ∎ considering the type of building to be used for the tire storage

(R) 0 the plan shall include tire Storage arrangement

; aisle space ; clearance distances between tire

piles and sprinkler defectors

: and access to fire fighting personnel mid equipment

(C) [] a copy of the plan shall be filed with the Agency within

60 days and implemented within 14

days of tiling with the Agency .

∎

(2)

Have and maintain a contingency plan which meets the requirements of Section 848

.203

∎

(3)

Meet the record keeping and reporting requirements of Subpart C

Note : Also Mark a Violation

.

of Section 848, Subpart C

Q

22 948

.204(d) A BUILDING THAT STORES MORE THAN 10,000 USED OR WASTE TIRES . AND WAS

CONSTRUCTED AFTER 5/10/91, FOR THE PRIMARY PURPOSE OF STORING USED OR WASTE

TIRES, SHALL COMPLY WITH THE NPPA 2310 BUILDING STANDARD

.

PESTICIDE TREATMENT

23 848 .205

OWNERS OR OPERATORS OF TIRE STORAGE SITES TREATING USED OR WASTE TIRES WITH PESTICIDES

PURSUANT TO THIS PART Of TITLE XIV OF THE ACT (SHALL) ;

(a)

Use a Pesticide Labeled for Control of Mosquito Larvae Unless an Adult Mosquito Problem is Identified

El

(b)

Maintain a record of pesticide use at the site which shall include for each application-

(1)0

Date of Pesticide Application

(2) ∎ Number of Used or Waste Tires Treated

(3) ∎ Amount of Pesticide Applied

(4) ∎ Type of Pesticide Used

0

(c)

Notify the Agency of Pesticide Use Within 10 Days of E t Application

. Notification shall include the

information in 848.205(b) .

∎

24 848205(6)

Persons Applying Pesticides to Used and Waste Tires Must Comply with the Requirements of the Illinois

Pesticide Act (Ill . Rev . Stat. 1989, ch . 5, par . 801 et seq .)

PART 848: SUBPART C: RECORD KEEPING AND REPORTING

Note : Applies to Storage Sites with More than 500 Used or Waste Tires

25 848 .302(a)

The owner/operator shall keep on site a

;

(1) Q Dail y Tire Record

(2)

M

Annual Tire Summary

26

FAILURE TO MAINTAIN A DAILY TIRE RECORD THAT INCLUDES

:

∎

Day of the Week

∎

Dare

H

Agency Site Number

Site Name and Address

∎

27 848 .303(b)

FAILURE TO RECORD IN THE DAILY TIRE RECORD THE FOLLOWING INFORMATION

(1)

E

l Weight or volume of used or waste tires received at the site during the operating day

(2) ∎ Weight or volume of used or waste tires transported from the site and the destination of the

tires so transported.

(3) ∎ ' Total number of used or waste tires remaining in storage at the conclusion of the day

.

(4) ∎

Weight or volume of used or waste tires burned or combusted during the day .

E]

28 848 .304

FAILURE TO MAINTAIN ON SITE AN ANNUAL TIRE SUMMARY FOR EACH CALENDAR YEAR

THAT INCLUDES :

(a)

The site number, name and address and the calendar year for which the summary applies

.

13

(6x1)

The weight or volume of used or waste tires received at the site during the calendar year .

0

(bX2)

The weight or volume of used or waste tires transported from the site during the calendar year

.

∎

(bx3)

The total number of used or waste tires determined in PTE remaining in storage at the eonolusioil of the calendar

∎

year

---

LPCM :

Date :

sLPC.7/ay161-uru

Tire Storage Site - 3

(A)= Tires are separated by a Berm t

.5 times the height of the tire pile

(B)

0

Separation Requirements of this part .

I

17

848.202(d)

fN ADDITIQN TO THE

REQUIREMENTS SET FORTH IN 848

.202 (b) AND (C) .

THE OWNER OR OPERATOR AT

SITES AT WHICH MOPE THAN

10,000

USED OR WASTE TIRES ARE LOCATED SHALL :

(I)

Completely Surround the Site by Fencing in Good Repair Which Is Not less than 6 Feet in Height

(2)

Maintain

an Entrance to the Area Where Used or Waste Tires are Located, Which is Controlled At all Times by

an Attendant, Locked Entrance . Television Monitors, Controlled Roadway Access or Other Equivalent

Mechanism

0

(3)

Completely Surround the Area Where Used or Waste Tires Are Stored by an Earthen gem or Other Structures

Not Less Than 2 Feet in Height Capable of Containing Runoff Resulting from Tire Fires, and

Accessible by Fire Fighting Equipment, Except that the Owner or Operator Shall Provide a Means for Access

through or Over the Berm or Other Structure

0

18

849 .203

CONTINGENCY PLAN REQUIREMENTS FOR STORAGE SITES WITH MORE THAN 500 TIRES

(a)

The owner/operator must meet the requirement's of Section 848 .203

Note : Also Mark a Violation of 848203(b), (e), (d), (e), (t), .(g),

or (h)

∎

(b)

The contingency plan must be designed to minimize the hazard to human health and the environment from fires

and run-off of contaminants resulting from fires and from disease spreading mosquitos and other nuisance

organisms which may breed in water accumulations in used or waste tires

.

∎

(c)

Immediately implement the contingency plan whenever there is a fire or run-oaf resulting from a tire fire, or

whenever there is evidence of mosquito production.

∎

(d)

The Contingency plan must describe the actions that must be taken in response to fires, tun-off resulting from tire

fires and mosquito breeding in used or waste tires.

'

∎

(e)

The contingency plan must include evacuation procedures for site personnel, including signals, evacuation routes

and alternate evacuation routes as well as provisions for pesticide application

.

∎

(f)

The contingency plan must be maintained at the site and submitted to state and local authorities .

∎

(g)

The contingency plan must be reviewed and amended within 30 days if the plan fails or the emergency

coordinator changes.

∎

(h)

At all times, there must be one employee on site or on call with responsibility for coordinating emergency

response procedures

. The emergency coordinator must be familiar with the plan and all aspects of the site, and

have the authority to commit the resources, to carry out the plan .

∎

STORAGE OF USED AND

WASTE TIRES WITHIN BUILDINGS

19

848.204(a)

FAILURE TO MEET THE REQUIREMENTS OF SECTION 848

.204

Note: Also Mark a Violation of 848 .204(b), (c),

or (d)

∎

20 848 .204(b)

STORAGE OFLESS THAN 900 TIRES WITHIN A BUILDING ALLOWED IF

:

0

(1) Q

Tires Drained of All Water Prior to Placement in the Building

(2) ∎ All of the Building=s Windows and Doors Maintained in Working Order and Secured to

Prevent Unauthorized Access .

(3) ∎ The Building Is Maintained So That It Is Fully Enclosed and Has a Roof'and

Sides Which

Are Impermeable to Precipitation

(4) 0

The Storage of Used or Waste Tires Is not in a Single Family Home or a Residential Dwelling

21

848104(c)

IN ADDITION TO THE REQUIREMENTS SET FORTH IN SECTION 848204(b), THE OWNER

∎

OPERATOR OF A SITE WITH 500 OR MORE USED OR WASTE TIRES STORED WITHIN BUILDINGS

SHALL :

---

DareLPCa

:

cv

:

~J~J87/~Oy7y

~

.

Q

lq

~`~

rv

M

veol&i-=

S

Tire sr"o Sae-5

(b)(4)

The weight or volume of used or waste tires combusted during the calendar year .

Q

29 848.304(c)

FAILURE TO SUBMIT THE ANNUAL TIRE SUMMARY BY JANUARY 31 OF EACH YEAR

-4

30

848.305

FAILURE TO RETAIN REQUIRED RECORDS ON SITE FOR 3 YEARS

PART 848 : SUBPART D : FINANCIAL ASSURANCE

NOTE : Applias to Sites which have Stored 5000 or More Used or Waste Tires

31 848 .400(b)(I) AT TIRE STORAGE SITES AT WHICH TIRES ARE FIRST STORED ON OR AFTER Vi/92,

FAILURE TO COMPLY WITH SUBPART D PRIOR TO STORING ANY USED OR WASTE TIRES

Note: Also Mark a Violation of 848 .401 or 848.404

El

32 848 .400(b)(2) AT TIRE STORAGE SITES AT WHICH TIRES ARE STORED PRIOR TO 1/1192, FAILURE TO

COMPLY WITH SUBPARTD BY 1/1/92,

Note- Also Mark a Violation of 848

.401 or 848

.404

33 848_401(a) FAILURE TO MAINTAIN FINANCIAL ASSURANCE EQUAL TO OR GREATER THAN THE CURRENT

COST ESTIMATE CALCULATED PURSUANT TO SECTION 848

.404 AT ALL TIMES. EXCEPT AS

OTHERWISE PROVIDED BY 848 .401 (b) .

O

34 848 .401(b) FAILURE TO INCREASE '1'HE TOTAL AMOUNT OF FINANCIAL ASSURANCE SO AS TO EQUAL THE

CURRENT COST ESTIMATE WITHIN 90 DAYS AFTER ANY OF THE

FOLLOWING :

(1) ∎

an increase in the current cost estimate

(2)E

a decrease in the value of a trust fund

(3)

C1

a determination by the Agency that an owner or operator no longer meets the financial test of

Section 848.415

(4) © notification by the owner or operator that the owner or operator intends to substitute

alternative financial assurance, as specified in Section 848 .406 for self-insurance

[]

35 848.404(ax2) BY JANUARY I OF EACH YEAR FAILURE TO SUBMIT A WRITTEN COST ESTIMATE OF THE COST

OF REMOVING ALL TIRES

.

∎

36 848 .404(6) FAILURE TO REVISE THE COST ESTIMATE WHEN COST ESTIMATES INCREASE .

13

PART 848 : SUBPART F: TIRE TRANSPORTATION REQUIREMENTS

37

848.601(a) NO PERSON SHALL TRANSPORT MORR THAN 20 USED OR WASTE TIRES IN A VEHICLE UNLESS

THE FOLLOWING REQUIREMENTS ARE MET:

(1) $ the owner or operator has registered the vehicle with the Agency in accordance with Subpart

F, received approval of such registration from the Agency, and such registration is current,

valid and in effect

(2)

e-4

the owner or operator displays a placard on the vehicle, issued by the Agency following

registration, in accordance with the requirements of Subpart F .

P-4

38 848.601(b) NO PERSON SHALL PROVIDE, DELIVER OR TRANSPORT USED OR WASTE TIRES TO A TIRE

TRANSPORTER FOR TRANSPORT UNLESS THE TRANSPORTER'S VEHICLE DISPLAYS A PLACARD

ISSUED BY THE AGENCY UNDER SUBPART F IDENTIFYING THE TRANSPORTER AS A

REGISTERED TIRE HAULER

.

E)

39 848 .606(a) UPON APPROVAL OF A REGISTRATION AS A TIRE TRANSPORTER THE OWNER OR OPERATOR OF

ANY VEHICLE REGISTERED TO TRANSPORT USED OR WASTE TIRES SHALL PLACE A PLACARD

ON OPPOSITE SIDES OF THE VEHICLES WHICH DISPLAYS A NUMBER ISSUED BY THE AGENCY

FOLLOWING THE WORDS "Registered Tire Transporter: (number) ."

∎

40 848 .606(b) REGISTERED TIRE TRANSPORTER NUMBERS AND LETTERS SHALL BE REMOVABLE ONLY BY

DESTRUCTION . DIRECTLY ADJACENT TO THE WORDS AND NUMBER, THE VEHICLE OWNER AND

OPERATOR SHALL DISPLAY A SEAL FURNISHED BY THE AGENCY WHICH SHALL DESIGNATE

THE DATE ON WHICH THE REGISTRATION EXPIRES

.

∎

THE FOLLOWING VIOLATIONS MAY BE CITED WHEN WASTES, INCLUDING TIRES, HAVE BEEN DISPOSED AT A TIRE

'

STORAGE SITE

41

9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS

.

∎

42 9(c)

CAUSE OR ALLOW OPEN BURNING

∎

---

DateLPCn

:

:

Oy

c,

--joi821_19-o

X024

off-

-Z'Zpae

[PC61-UrU

9w 71407

Signature of Inspector(s):

Infomuuional Notes

:

I .

[Illinois] Environmental Protection Act: 415 Q-CS VI ct scq,

2.

Illinois Pollution Cannot Board

: 35 111

. Adm . Code, Subtitle G

.

3 .

Illinois Pollution Control Board : 35 91, Adm . Code, Subtitle 0, Chapter I, Subcbaptarm, Fart 848

.

4 .

Statutory and regulatory references herein are provided far convenience only and should not be construed as legal conclusions of the agency or as limiting the

Agents statutory or regulatory powers . Requirements of some statutes and regulations cited arc in summary format

. Full text of requirements can be found in the

reference

listed in #1,

#2, and #3 above.

5 .

ofThe th

provisions

Actor by

o(Snbsection

complaint undo

(p)

Section

of Section

31 of

21

the

of the

Act(Illinois]

.'

Environmental Protection Act shall be enforceable either by administrative citation under Section 31

.I

6. This inspection was conducted in accordance with Stations 4(c)

and 4(d) of the [Winois] Environmental Protection Act:415

ILCS 5/4(c)and(d)-

7.

Items marked with m -NE" were nor evaluated a

the time

of this inspection,

Tire storage Site - 6

CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS

∎

CREATE A WATER POLLUTION HAZARD

45

CAUSE OR ALLOW OPEN DUMPINO

∎

El

USED TIRES

OTHER WASTE

O

(4)

Deposition of Waste in Standing or Flowing Waters

∎

∎

∎

∎∎

---

1.

Is there a load screening procedure in place to verify that only clean/uncontaminated C & D debris is

accepted?

Yes _X No

2

. Does the site use any of the following to screen incoming loads?

PID:

PID: . YesYes

No _X_

Other method used

: C&D loads

No

_Xare screened

at the Ravenswood Disposal Company (permitted

transfer station) located in Chicago, IL

. Owner, Branko Vardijan alleges by phone that all C & D

waste is screened manually at the Ravenswood facility prior to entering the Sheridan Sand & Gravel

3. Does

facilitythe

operator

. There

screen

is no

incoming

P1D or FID

loads

screening

for asbestos?taking

place at Ravenswood Disposal

.

Yes

No X

45.

. Is

What

the

are

site'

the

secure

hoursduring

of operation?

non-operating

7:00

hours?A.M.-3:30P.M

Yes _X_ No

6

. What procedures are in place to remove non-clean construction or demolition debris fill materials that are

received? Explain

. Manually removed at Ravenswood Disposal facility located in Chicago, Illinois

.

Page

1 of i

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Clean Construction or Demolition Debris Disposal Site

Inspection Checklist

County : LaSalle

LPC#: 0998215024

Region

: Rockford

Location/Site Name ; Sheridan (Mission Twsp)/Sheridan Sand & Gravel

Date:

04-19-05 Time

: From 11 :20A

To 12 :30P

Previous Inspection Date : None

Inspector(s): Newell; Vargochik (LaSalle Co . Env .

Weather: Sunny, Very windy 75 degrees

Serv. & Land Use Dept .)

No, of Photos Taken : # 6

NO Samples Taken

:

Yes #

Interviewed; Dan Hughes-employee

; Branko Vardijan-owner Facility Phone No . : (773) 638-7676

by phone only.

GPS Coordinates :

-88.66273 41 .53782

Owner Mailing Address and phone #

Operator Mailing Address and phone #

1 avenswood Disposal

Arm

: Branko & Tony Vardijan

221

Chicago,

N. Washtenaw

IL 60612

Ave.

Ravenswood Disposal

Ann

: Branko & Tony Vardijan

221 N. Washtenaw Ave,

Chicago, IL 60612

---

7. Is filling taking place in a wetland? Yes No -X-

8, Is the clean C & D being deposited so as to be no higher than the highest point of elevation existing prior

to filling?

Yes X

9

. Does this facility perform rock crushing activities

No on

site? Yes

No

X_

10

. Has the site been covered with soil to support vegetation? Yes

Explain

. Branko Vardijan stated by phone that there are plans in the future

No

to

Xfill

in

the

NAquarry with

several feet of C & D waste and eventually seed for vegetation

1 I

. Is the site operating in compliance with Section 3 .160 (b) of the ActTYes

No

X_

Record Keeping

12. Are

Documented?employee

training

Yesprocedures

in place? Yes No X-

13 . Is a daily log of incoming loads maintained?No

_X_

Yes -X - No

14. Is the Generator of the Clean C & D recorded in the log?

Yes X

15. Is the Transporter of the Clean C & D recorded in the log?

No

16

. Is the place of origin of the Clean C & D recorded in the log?

Yes X_ No

Yes

No -X-

17

. If the site is over one acre does the facility have a Storm Water Permit issued by the Bureau of Water?

Yes No _X Permit Date Issued

:

Agency Field Sampling & Screening

Yes No ^X~

Yes No X

18

. Was a sample from in incoming load collected?

19

. Was a sample from the deposited fill collected?

TVA reading : background

20

. Does the operator know of any other operating clean C & D disposal sites in the area?

ListYes

: No_X_OTHER

REQUIREMENTS

OTHER:

APPAT&ZNT VXOLATXON OF

: (El)

PCB ; U)

CIRCUIT COURT

CASE NUMBER : ORDER ENTERED ON :

informational Nates

Page 1 of2

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 2'17-782-3397

JAMES R . THOMPSON CENTER, 100 WEST RANDOLPH, SUITE

11-300, CHicAco, IL 60601, 312-814-6026

ROD R . BLACOIEVICH, GOVERNOR

847/294-4000

847/294-4083 (Fax)

CERTIFIED MAIL

August 26, 2005

RETURN RECEIPT

#7003 3110 0000 4254 9263

Sheridan Sand & Gravel

Attn: Branko Vardijan

2679 North 4201 Road

Sheridan, Illinois 60551

Re: Notice of Intent to Pursue Legal Action

LPC #0998215024 - LaSalle, County

Sheridan (Mission Twp .)/Sheridan Sand & Gravel

Compliance File

Dear Mr. Vardijan:

This Notice of Intent to Pursue Legal Action is provided pursuant to Section 31(b) of the

.

Illinois Environmental Protection Act ("Act"),

415 ILCS 5/31(6)(2002)

. The Illinois

Environmental Protection Agency ("Illinois EPA") is providing this notice because it is

the belief of the Illinois EPA that the alleged violations which are

set forth in Attachment

A cannot be resolved without the involvement of the Officeof the Attorney General or

the State's Attorney .

The Illinois EPA is providing this notice because it may pursue legal action for the

violations of environmental statutes, regulations or permits specified in Attachment A

.

This Notice of Intent to Pursue Legal Action provides you the opportunity to schedule a

meeting with representatives of the Illinois EPA to attempt to resolve the violations of the

Act, regulations and permits specified in Attachment A . If a meeting is requested, it must

be held within thirty (30) days of receipt, of this notice unless an extension of time is

agreed to by the Illinois EPA .

euSCAU

ROCKTORo-4302OF

LAND , PEORL-7620ELGIN-

North

595Main

South

N .

Street,

University

State, Elgin,

Rockford,

St .,

ILPeoria,

60123IL

61103-(815)

I

(A471 sru-2141

987-7760

•

-

P-

Das

,A _

PL

[41

lNES-9511

S N I iAa .=..

W:

:n,

Harrison

ct

Papria,

St.,

ILDes

61614-(309)

PI aines, IL

60016-(847)

693-5463

294-4000

SPRINCFIfaD-4500 S, Sixth Street Rd., Springfield, IL

stStreeq Champaign,

IL 61820-(217) 278-5800

Et,

Co0lnsvllle, IL 62234-(618) 346-5120

MA oN-2 :

00

EXHIBIT

"B"

.

---

Page 2

Due to the nature and seriousness of the violations cited in Attachment A, please be

advised that resolution of the violations may require the involvement of a prosecutorial

authority for purposes that may include, among others, the imposition of statutory

penalties.

If you wish to schedule a meeting with representatives of the Illinois EPA or have any

questions, please contact Paul Jagiello at 847/294-4076 within 20 days of your receipt of

this notice.

Sincerely,

Paul Jagiello

Assistant Counsel

Division of Legal Counsel

Attachment

PRJ:dfa:'Vardijan.Itr.I

---

Attachment

1 .

Pursuant to Section 21(k) of the [Illinois] Environmental Protection

Act (415 ILCS

5/21(k)), no person shall fail or refuse to pay any fee imposed under this Act .

A violation of Section 21(k) of the [Illinois] Environmental Protection Act (415 ILCS

5/21(k)) is

alleged for the following reason

: Failure to pay the required $100.00 Annual Tire Storage

fee for 2005 .

2.

Pursuant to Section 55(a)(4) of the [Illinois] Environmental Protection Act

(415 ILCS

5/55(a)(4)), no person shall cause or allow the operation of a tire storage site except in

compliance with Board regulations.

A violation of Section 55(a)(4) of the [Illinois] Environmental Protection Act (415 ILCS

5155(a)(4)) is alleged for . the following reason

: Waste tires have accumulated on site for

longer than

a

year.

3.

Pursuant to Section 55(d)(1) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(d)(i)), beginning January 1, 1992, no person shall cause or allow the operation of a

tire storage site which contains more than 50 used tires, unless the owner or operator, by

January 1, 1992 (or the January 1 following commencement of operation, whichever is

later) and January I of each year thereafter, (i) registers the site with the Agency,

(ii)

certifies

the Boardto

. pursuant

the Agency

to

that

Section

the

55site .2,

complies

(iii) reports

with any

to

applicable

the Agency

standardsthe

numberadopted

of tiresby

accumulated, the status of vector controls, and the actions taken to handle and process the

tires, and (iv)

pays the fee required under subsection (b) of Section 55 .6.

A violation of Section 55(d)(1) of the [Illinois] Environmental

Protection Act (415 ILCS

5/55(d)(1)) is alleged for the following reason:

Failure to

register as a tire storage site

.

4.

Pursuant to Section 55(e) of the [Illinois] Environmental Protection Act (415 ILCS

5/55(e)), no person shall cause or allow the storage, disposal, treatment or processing of

any used or waste tire in violation of any regulation or standard adopted by the Board

.

alleged

A violation

for

of

the

Section

following

55(e)

reasonof

the

: Failure

.[Illinois]

to prevent

Environmental

the waste

Protection

tires from

Act (415

accumulating

ILCS

5/55(e))

wateris

.

5 .

Pursuant to Section 55(g) of the [Illinois] Environmental Protection Act (415 ILCS

except

5/55(g)),

in compliance

no person shall

with Board

engage

regulationsin

any operation

.

as a used or waste tire transporter

alleged

was

A violation

not

for

permitted

of

the

Section

following

to haul

55(g)

reasontiresof

the

.

:

Waste

[Illinois]

tires

Environmental

were transferred

Protection

to the

Act

site

(415

and

ILCStransporter5/55(g))

is

---

Attachment, page 2

6.

Pursuant to Section 55

.6(b) of the [Illinois] Environmental Protection Act (415 ILCS

5/55.6(b)), beginning January 1,

1992, in addition to any other fees required by law, the

owner or operator of each site required to be registered under subsection (d) of Section 55

shall pay to the Agency an annual fee of $100

. Fees collected under this subsection shall

be deposited into the Environmental Protection Permit and Inspection Fund.

A

5/55violation

.6(b)) is

of

alleged

Section

for

55the .6(b)

following

of the

reason[Illinois]

: Failure

Environmental

to pay the required

Protection

tire

Act

storage

(415

fee

ILCSby

January 1 of each year .

7.

5/55Pursuant

.8(b)),

to

a

Section

person

55who

.8(b)

accepts

of the

used

[Illinois]

tires for

Environmental

recycling under

Protection

subsection

Act

(a)(415

shall

ILCSnot

allow the tires to accumulate for periods of more than 90 days

.

5/55than

A violation

.8(b))

90 daysis

.

of

alleged

Section

for

55the

.8(b)

following

of the

reason[Illinois]

: Waste

Environmental

tires have accumulatedProtection

Act

on site

(415

longerILCS

8.

Pursuant to 35 Ill. Adm

. Code 848.202(b)(4),

at sites at which more than 50 used or waste

tires arc located the owner or operator shall comply with the following requirement

:

Used or waste tires shall be drained of water on the day of generation or receipt.

drain

A violation

the water

of 35

from

111

used/waste

Adm

. Code

tires848.202(b)(4)

stored inside

is alleged

the box

for

trailerthe

following

.

reason

: Failure to

9.

Pursuant to 35 Tll. Adm. Code 848.202(b)(5),

at sites at which more than 50 used or waste

tires are located the owner or operator shall comply with the following requirement

:

Used or waste tires received at the site shall not be stored unless within 14 days after the

receipt of any used tire the used tire is altered, reprocessed, converted, covered or

otherwise prevented from accumulating water

.

A violation of 35 111

. Adm

. Code 848

.202(b)(5) is alleged for the following reason : Failure to

prevent

than 14 dayswater

.

from accumulating inside waste tires that have been stored

on

site longer

10.

subsection

Pursuant to 35

[848Ill.202]

. Adm(b),

. Code

the

848owner

.202(c)(1),

or' operator

in addition

shall

to

comply

the requirements

with the

set

followingforth

in

requirement at sites at which more than 500 used or waste tires

arc located. A

contingency plan, which meets the requirements of Section 848

.203 shall be maintained .

more

A violation

than 500of

35

tires

Ill.

onAdmsite

. Code

and

848no

Contingency

.202(c)(1) is

Planalleged

on site_for

the following reason

: There were

---

Attachment, page 3

11 .

Pursuant to 35 111. Adm. Code 848

.202(c)(2), in addition to the requirements set forth in

subsection [848 .202] (b), the owner or operator shall comply with the following

requirement at sites at which more than 500 used or waste tires are located . The

recordkeeping and reporting requirements of [35 111 . Adm. Code 848] Subpart C shall be

met.

A violation of 35111

. Adm. Code 848.202(c)(2) is alleged for the following reason : There are no

tire disposal records on site.

12.

Pursuant to 35 111

. Adm. Code 848 .302(a)(1), the owner or operator shall keep a record of

used and waste tires at the site . The owner and operator shall keep the following records :

1)

Daily Tire Record

2)

Annual Tire Summary

A violation of 35 11l_ Adm_ Code 848 .302(a)(1) is alleged for the following reason : Tire storage

sites that maintain more than 500 used/waste tires are required to keep a Daily Tire Record

on site. There was no Daily Tire Record on site.

13.

Pursuant to 35 In

. Adm. Code 848.302(a)(2), the owner or operator shall keep a record of

used and waste tires at the site . The owner and operator shall keep the following records :

1)

Daily Tire Record

2)

Annual Tire Summary

A violation of 35 111 . Adm. Code 848.302(a)(2) is alleged for the following reason : Tire storage

sites that maintain more than 500 used/waste

tires are required to keep an Annual Tire

Summary.

There is no evidence that an Annual Tire Summary was submitted to

Springfield Headquarters .

14. Pursuant to 35111

. Adm. Code 848.304(c), the Annual Tire Summary shall be received by

the Agency on or before January 31 of each year and shall cover the preceding calendar

year-

submit

A violation

an Annual

of 35 111Tire

. AdmSummary

. Code

by848January.304(c)

is

31

alleged

of each

for

yearthe

.

following reason : Failureto

15 . Pursuant to 35 111. Adni. Code 848

.305, copies of all records required to be kept under

this [35 Ill . Adm. Code 848] Subpart [C] shall be retained by the owner and operator for

three years and

shall be made available at the site during the normal business hours ofthe

operator for inspection and photocopying by the Agency .

---

Attachment, page 4

A violation of 35 111 . Adm . Code 848 .305 is alleged for the following reason : No tire

.records

were found on site.

16. Pursuant to 35 III. Adm. Code 848_601(a)(1), except as provided in subsection [848

.601]

(c), no person shall transport more than 20 used or waste tires in a vehicle unless the

following requirements are met.

1)

The owner or operator has registered the vehicle with the Agency in accordance

with this [35 Ill.

. Adm. Code 848] Subpart [F], . received approval .of such

registration from the Agency, and such registration is cu rent, valid and

in effect.

2)

The owner or operator displays a placard on the vehicle, issued by the Agency

following registration, in accordance with the requirements of this [35 Ill_ Adm .

Code 848] Subpart

[F]

.

A violation of 35111 . Adtn. Code 848

.601(a)(1) is

alleged for the following reason

: Failure to

register, as an Illinois registered tire transporter

.

17. Pursuant to 35111 . Adm. Code 848 .601(a)(2), except as provided in subsection (848 .601]

(c), no person shall transport more than 20 used or waste tires in a vehicle unless the

following requirements are met .

1)

The owner or operator has registered the vehicle with the Agency in accordance

with this [35 111 . Adm . Code 848] Subpart [F], received approval of such

registration from the Agency, and such registration is current, valid and in effect .

2)

The owner or operator displays a placard on the vehicle, issued by the

Agency

following registration, in accordance with the requirements of this [35111

. Adm

.

Code 848] Subpart (F).

A violation of 35 171. Adm. Code 848 .601(a)(2) is alleged for the following reason : Failure to

display an Illinois registered tire transporter placard on your vehicle .

---

Ph: 8151434-9666

LA SALLE COUNTY

Far:

815 /433-9303

ENVIRONMENTAL

. SERVICES AND DEWLOPMENT

MIOaAEI. & HARSTED

DEPARTMENT

DmECTOR

June 8,2005

Mr. Branko Vardijan

221 N

. Wasbtenaw

Chicago, B 60612

RE:

Compliance File

Lasalle County

Mission Township / Co

05.020

Bowers Pit property

Dear Mr

. Vardijan:

On June 6, 2005, personnel from this Department conducted an inspection at the Bowen Pit in

Sheridan, Illinois .

At the time of that inspection, it has been determined that no violations currently exist on your property

. This letter is

meant to be a reminder that we have not yet received copies of the receipts for the material that were

removed

. Where we

appreciate the attention to abating the violations, we must have documentation on the materials

that were removed from

the property

.

Written communication should be directed to

LaSalle County Department of Environmental Services and Development

Attn .: Michael E

. Harsted, Director

119 West Madison Street, Room 400

Ottawa, IL 61350

Questions regarding this matter should be directed to myself at (815) 434-8666 .

Sincerely

S/

Michael E, Berated

Director

LaSalle County Department of Environmental Services and Development

cc:

IEPA BOL/FOS

IEPA Rockford Region 1

File

SortWAnEMAKAOEMKNr

• CoNSravcllON PDors

PRmThDONRYCY ZDthin

119

WEST MADISON STQEET

ROOM 400

oTrAWA

Irxnaors 61350

EXHIBIT "C"

---

Vanessa Vail

Assistant Attorney General

Environmental Bureau

188 West Randolph Street

20th Floor

Chicago IL 60601

KENNETH AN 'ACH, ESQ .

ANSPACH & ASSOCIATES

8 South Michigan Avenue

Suite 3400

Chicago, IL 60603

(312) 407-7888

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I have served the attached Answer and Affirmative

Defenses by X_ personal delivery, _ placement in the U . S. Mail, with first class postage

prepaid, sending it via facsimile and directed to all parties of record at the address(es) set

forth below on or before 5 :00 p .m . on the 13

th

day of October, 2006 .