INFORMATIONAL NOTICE!!!
Co /40
g ;
Dl
0
-
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS
.
NOTE :
This Administrative Citation refers to TWO separate State
of Illinois Agencies . One is the ILLINOIS POLLUTION
CONTROL BOARD located at James R . Thompson
Center, 100 West Randolph Street, Suite 11-500,
Chicago, Illinois 60601
. The other state agency is the
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
located at : 1021 North Grand Avenue East, P .O . Box
19276, Springfield, Illinois 61794-9276
.
If you elect to contest the enclosed Administrative Citation, you must
file a PETITION FOR REVIEW
with thirty-five (35) days of the date
the Administrative Citation was served upon you . Any such Petition
for Review must be filed with the clerk of the Illinois Pollution Control
Board by either hand delivering or mailing to the Board at the
address given above
. A copy of the Petition for Review should be
either hand-delivered or mailed to the Illinois Environmental
Protection Agency at the address given above and should be marked
to the ATTENTION : DIVISION OF LEGAL COUNSEL .
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice law . Individuals may
appear on their own behalf, or through an attorney . 35 III . Adm .
Code 101 .400(a) .
PAUL SAHLSTROM,
Respondent .
NOTICE OF FILING
To:
Paul Sahlstrom
217 Peoples Avenue
Rockford,IL 61104
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : November 21, 2006
Respectfully submitted,
M . Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
4
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V
.
AC C)'
Z
,
;~' 1
(IEPA No . 306-06-AC)
poktoF
T
nCO
O0"
~
~?S
IvU~s.
r
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
~
V .
)
(IEPA No . 306-06-AC)
PAUL SAHLSTROM,
)
Respondent .
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31
.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31
.1 (2004) .
FACTS
1 .
That Paul Sahlstrom ("Respondent") is the present operator of a facility located at
217 Peoples Avenue, Rockford, Winnebago County, Illinois
. The property is commonly known to
the Illinois Environmental Protection Agency as Rockford/Sahlstrom Property
.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 2010303005 .
3 .
That Respondent has operated said facility at all times pertinent hereto
.
4 .
That on October 16, 2006, Kaare Jacobsen of the Illinois Environmental Protection
Agency's Rockford Regional Office inspected the above-described facility
. A copy of his inspection
report setting forth the results of said inspection is attached hereto and made a part hereof
.
VIOLATIONS
Based upon direct observations made by Kaare Jacobsen during the course of his October
16, 2006 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the
"Act") as follows :
(1) That Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)
(2004) .
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), Respondent is
subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500
.00) for each of the
violations identified above, for a total of
One Thousand Five Hundred Dollars ($1,500 .00).
If
Respondent elects not to petition the Illinois Pollution Control Board, the statutory civil penalty
specified above shall be due and payable no later than
January 15 .2007, unless otherwise provided
by order of the Illinois Pollution Control Board .
If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31 .1 of the Act, 415 ILCS 5/31
.1 (2004), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board
. Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1,500
.00) statutory civil penalty for each
violation .
Pursuant to Section 31 .1 (d)(1) of the Act, 415 ILCS 5/31 .1
(d)(1) (2004), if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for review of this Administrative
2
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
adopt a final order, which shall include this Administrative Citation and findings of violation as
alleged herein, and shall impose the statutory civil penalty specified above
.
When payment is made, Respondent's check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P
.O. Box 19276, Springfield,
Illinois 62794-9276
. Along with payment, Respondent shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment
.
If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondent from the date payment is due up to and including the date that payment is
received
. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondent in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued .
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citation pursuant to and in
accordance with Section 31 .1 of the Act, 415 ILCS 5/31/1 (2004) . If Respondent elects to contest
this Administrative Citation, then Respondent shall file a signed Petition for Review, including a
Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601 . A copy of said Petition for Review shall be filed with the Illinois Environmental Protection
Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P
.O
. Box 19276, Springfield,
Illinois 62794-9276 . Section 31 .1 of the Act provides that any Petition for Review shall be filed within
thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution
Control Board shall enter a default judgment against the Respondent
.
Ps -
Douglas P . Scott, Director
,ti~, .ra .a..
Illinois Environmental Protection Agency
Prepared by:
Susan E . Konzelmann, Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
Date
:
1112-1 106
DATE OF INSPECTION :
October 16, 2006
DATE REMITTED :
SS/FEIN NUMBER
:
SIGNATURE :
NOTE
Please enter the date of your remittance, your Social Security number (SS) if an individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form
. Be
sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental
Protection Agency, Attn. : Fiscal Services, P .O
. Box 19276, Springfield, Illinois 62794-9276 .
5
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
) AC
V .
)
(IEPA No . 306-06-AC)
PAUL SAHLSTROM,
)
Respondent .
)
FACILITY:
Rockford/Sahlstrom Property
SITE CODE NO . : 2010303005
COUNTY: Winnebago
CIVIL PENALTY : $1,500
.00
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
)
Paul Sahlstrom
)
IEPA DOCKET NO.
Respondent
)
Affiant, Kaare Jacobsen, being first duly sworn, voluntarily deposes and states as follows
:
1 .
Affiant is a field inspector employed by the Land Pollution Control Division of the
Environmental Protection Agency and has been so employed at all times pertinent
hereto .
2.
On October 16, 2006 between 10 :00 a.m. and 10 :10 a.m.,
Affiant conducted an
inspection of an open dump, located in Winnebago County, Illinois and known as
Sahlstrom Fitch Property by the Illinois Environmental Protection Agency . Said site
has been assigned site code number LPC# 2010303005 by the Agency
.
3 .
Affiant inspected said site by an on-site inspection, which included walking and
photographing the site .
4.
As a result of the activities referred to in Paragraph 3 above, Affiant completed the
inspection Report form attached hereto and made a part hereof, which, to the best of
Affiant' s knowledge and belief, is an accurate representation of Affiant' s
observations and factual conclusions with respect to said open dump .
Subscribed and Sworn to Before Me
this
~jh
day of o gwtf~tti , 2006
"OFFICIAL SEAL"
TERESALABUNSKI
Notary Public, State of Illinois
My Commission Expires 1/10/2007
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Winnebago
LPC#:
2010303005
Region : 1 - Rockford
Location/Site Name :
Rockford/Sahlstrom Property
Date :
10/16/2006 Time : From 10 :00 am To 10 :10 am Previous Inspection Date : 06/26/2006
Inspector(s) :
Jacobsen
Weather : 55 degrees
No . of Photos Taken : #
2
Est. Amt . of Waste: 10
yds3 Samples Taken : Yes #
No
Interviewed :
Paul Sahistrom
Complaint # :
Latitude : 42 .24228
Longitude: -89.09319
Collection Point Description : Main Gate -
(Example : Lat. : 41 .26493
Long . : -89 .38294)
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Paul Sahlstrom
217 Peoples Avenue
Rockford, IL 61104
815/262-5633
Collection Method : Map Interpolation -
(Open Dump - 1)
1 .
5.
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
21
e
00El
2.
3.
4.
6.
7.
8.
SECTION
DESCRIPTION
Litter
Scavenging
Open Burning
Deposition of Waste
in
Standing
or Flowing Waters
Proliferation of Disease Vectors
Standing or Flowing Liquid Discharge from the Dump Site
LPC #
2010303005
Inspection Date :
10/16/2006
Deposition of General Construction or Demolition Debris
; or Clean Construction or
(7) Demolition Debris
55(a) NO PERSON SHALL :
(1) Cause
or Allow Open Dumpinq of Any Used or Waste Tire
2
Cause or Allow O .en Burnin of An Used or Waste Tire
APPARENT VIOLATION OF : (o) PCB; (LI)
CIRCUIT COURT
14.
CASE NUMBER
:
ORDER ENTERED ON :
15. OTHER :
0
LI
0
LI
O
Informational Notes
1 .
[Illinois] Environmental Protection Act : 415 ILCS 5/4 .
2.
Illinois Pollution Control Board : 35 III. Adm . Code, Subtitle G .
3. Statutory and regulatory references herein are provided for convenience only and
should not be construed as legal
conclusions of the Agency or as limiting the Agency's statutory or regulatory powers
.
Requirements of some statutes
and regulations cited are in summary format
. Full text of requirements can be found in references listed in 1
. and 2 .
above .
4 .
The provisions of subsection (p) of Section 21 of the [Illinois] Environmental Protection Act shall be enforceable either
by administrative citation under Section 31
.1 of the Act or by complaint under Section
31 of the Act .
5 .
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the [Illinois]
Environmental Protection Act
:
415 ILCS 5/4(c) and
(d) .
6
. Items marked with an "NE" were not evaluated at the time of this inspection
.
Revised 10/5/2005
(Open Dump - 2)
2010305003 - Winnebago County
Rockford/Sahlstrom Property
NARRATIVE INSPECTION REPORT
On October 16, 2006,1(Kaare Jacobsen) conducted a follow up inspection at the Sahlstrom
Property located in Rockford, Illinois
. Originally, this site was brought to the attention of the
Rockford Regional Office during routine an inspection at a nearby location
. The above referenced
facility is located at 217 Peoples Avenue
. Agency correspondence should be addressed to the owner
of the property, Paul Sahlstrom, at the above mentioned address
. A previous inspection was
conducted on June 26, 2006 resulting in numerous solid waste violations cited
.
Upon arrival at 10 :00 a .m.,
I introduced myself to the owner/operator of the facility, Paul
Sahlstrom
. The inspection began be discussing the open dumped cured roofing tar and inner tubes
located on the north section of the premises
. According to Mr
. Sahlstrom, he had planned on burying
the cured roofing tar and inner tubes into an embankment or in a hole on the premises
. Photographs
2010303005-101606-001 and 002 show open dumped cured roofing tar and inner tubes
.
In conclusion, solid waste management procedures were discussed at length with Mr
.
Sahlstrom. During that time, Mr
. Sahlstrom did not agree that he was going to properly dispose the
accumulated solid waste
. The inspection concluded at 10
:10 a.m., with the following solid waste
violations cited
: 21(a), 21(d)(1), 21(d)(2), 21(e),
21(p)(1),
21(p)(4) and 21(p)(7) of the
Environmental Protection Act and 812
.101(a) 35 Illinois Administrative Code .
Site Code : nali
., 12-
--~ 7
>
S7
County :
Site Name : C,
4'7-"
Time
:
I
I . a I - I . I
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date of Inspection
: Inspector
: -Date,,-
A r £,
LPC # 2010303005 -
Winnebago County
Rockford/Sahlstrom Property
FOS File
DATE
: 10-16-06
TIME: 10:09 a.m .
DIRECTION : southwest
PHOTO by
: Jacobsen
PHOTO FILE NAME
:
2010303005-101606-001
COMMENTS:
Cured roofing tar.
DATE : 10-23-06
TIME: 10 :10 a.m.
DIRECTION
: west
PHOTO by
: Jacobsen
PHOTO FILE NAME :
2010303005--101606-002
COMMENTS: Open dumped cured
roofing tar and inner tubes
.
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC # 2010303005 - Winnebago County
Rockford/Olson Property
FOS File
DATE: 6-26-06
TIME: 2:09 p .m.
DIRECTION
: southwest
PHOTO by
: Jacobsen
PHOTO FILE NAME :
2010303005-062606-001
COMMENTS : Open dumped cured
roofing tar and inner tubes .
DATE: 6-26-06
TIME: 2 :12 p.m.
DIRECTION: southwest
PHOTO by
: Jacobsen
PHOTO FILE NAME :
2010303005-062606-002
COMMENTS : Open dumped cured
roofing tar .
DIGITAL PHOTOGRAPH PHOTOCOPIES
PROOF OF SERVICE
I hereby certify that I did on the 2l'` day of November 2006, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copy of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To :
Paul Sahlstrom
217 Peoples Avenue
Rockford,IL 61104
Cert # 7004 2510 0001 8587 7993
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R . Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Cert 11 7004 2510 0001 8587 79
Michelle M . Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
