INFORMATIONAL NOTICE!!!
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS
.
NOTE :
This Administrative Citation refers to TWO
separate State
of Illinois Agencies
. One is the ILLINOIS POLLUTION
CONTROL BOARD located at James R
. Thompson
Center, 100 West Randolph Street, Suite 11-500,
Chicago, Illinois 60601 . The other state agency is the
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
located at
: 1021 North Grand Avenue East, P .O . Box
19276, Springfield, Illinois 61794-9276
.
If you elect to contest the enclosed Administrative Citation, you must
file a
PETITION FOR REVIEW with thirty-five (35) days of the date
the Administrative Citation was served upon you . Any such Petition
for Review must be filed with the clerk of the Illinois Pollution Control
Board by either hand delivering or mailing to the Board at the
address given above . A copy of the Petition for Review should be
either hand-delivered or mailed to the Illinois Environmental
Protection Agency at the address given above and should be marked
to the ATTENTION
: DIVISION OF LEGAL COUNSEL
.
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice law
. Individuals may
appear on their own behalf, or through an attorney . 35 III
. Adm .
Code 101 .400(a).
RECEIVED
CLERK'S OFFICE
JAN 0 9 2007
Pollution
STATEOF
ControlILLINOISBoard
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V.
MARK A. LEWIS,
Respondents .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIR
CLERK'S
E C E
IOFFICEV
E D
To : Mark A. Lewis
1835 Bunnyville Drive
Clay City, IL 62824
ADMINISTRATIVE CITATION
JAN 0 9 2007
PollutionControl
STATE
OFILLINOISBoard
AC O~
(IEPA No . 376-06-AC)
NOTICE OF FILING
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 .
Respectfully submitted,
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
Dated: January 3, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
MARK A. LEWIS,
)
Respondent .
)
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
0
9 2007
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control Board
AC
DI '31
(IEPA No
. 376-06-AC)
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 Mark A
. Lewis ("Respondent") is the present owner and operator of a facility
located at 1835 Bunnyville Drive, in rural Clay City, Clay County, Illinois
.
The property is commonly
known to the Illinois Environmental Protection Agency as Clay City/Lewis, Mark A
.
2 .
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 0258025002 .
3.
That Respondent has owned and operated said facility at all times pertinent hereto
.
4.
That on December 7, 2006, Garrison Gross of the Illinois Environmental Protection
Agency's Marion 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 Garrison Gross during the course of his December
7, 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
February 28, 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
.
ouglas
cott, PiDirector
k- . S
Illinois Environmental Protection Agency
Date: t13107
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
5
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
JAN 0 9 2007
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
) Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
of "31
V .
)
(IEPA No . 376-06-AC)
MARK A. LEWIS,
)
Respondent .
FACILITY :
Clay City/Lewis, Mark A .
SITE CODE NO. :
0258025002
COUNTY:
Clay
CIVIL PENALTY:
$1,500 .00
DATE OF INSPECTION :
December 7, 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.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ))
Complainant,
)
]EPA DOCKET NO.
vs .
)
Mark A . Lewis
)
Respondent .
)
AFFIDAVIT
Affiant, Garrison Gross, 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
Illinois Environmental Protection Agency and has been so employed at all times pertinent hereto
.
2 . On December 7, 2006, between 11
:40 AM and 11 :50 AM, Affiant conducted an
inspection of a disposal site operated by Mark A . Lewis located in Clay County, Illinois, and
known as Clay City / Lewis, Mark A . by the Illinois Environmental Protection Agency
. Said site
has been assigned site code number 0258025002 by the Agency
.
3 . Affiant inspected said Clay City / Lewis, Mark A
. site by an on-site inspection which
included walking and photographing the site .
4. As a result of the material actions referred to in paragraph 3 above, Affiant completed
the Inspection Report form attached hereto and made a part hereof, which, to the best of Affiant's
knowledge and belief, is an accurate representation of Affiant's observations and factual
conclusions with respect to said Clay City / Lewis, Mark A .
Subscribed and Sworn to before me
this /~ day of
ti~erc{
c~~ '~~
GRG
OFFICIA! SEAL.'
O
iAORSE
Notaiy Pool r , State os Illinois
My Coma'° a, > 'E' .8
:2/21/10
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Clay
LPC# :
0258025002
Region
: 7 - Marion
Location/Site Name :
Clay City / Lewis, Mark A
.
Date:
12/07/2006 Time : From 11 :40 AM To
Inspector(s) :
Garrison Gross
No
. of Photos Taken : #
15
Est. Amt. of Waste :
Interviewed
:
no one at the site
Latitude : N38.65984°
Longitude : W088.30923' Collection Point Description
: Center of Site -
(Example
: Lat . : 41 .26493
Long . : -89 .38294)
Collection Method
: GPS - Garmin 76 S Unit
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
Mark A . Lewis
1835 Bunnyville Drive
Clay City, IL 62824
(618) 676-9955
11 :50 AM
Previous Inspection Date : 08/01/2006
Weather:
Scattered Clouds, 93° F, Moderate Breeze .
525
yds3 Samples Taken
: Yes #
No
Complaint #
: C-06-033
(Open Dump - 1)
SECTION
DESCRIPTION
VIOL
ILLINOIS'
ENVIRONMENTAL, PROTECTION ACT REQUIREMENTS`
1 . 9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN ILLINOIS
2 .
9(c )
CAUSE OR ALLOW OPEN BURNING
3 . 12(a)
CAUSE, THREATEN OR
ALLOW WATER POLLUTION IN ILLINOIS
4 . 12(d)
CREATE A WATER POLLUTION HAZARD
5. 21 (a)
CAUSE OR
ALLOW OPEN DUMPING
FIR
6. 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
10
(2)
In Violation of Any Regulations or Standards Adopted by the Board
02
7. 21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE,
OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS
OF ACT
03
8. 21(p)
CAUSE OR
ALLOW THE OPEN DUMPING OF ANY WASTE IN
A MANNER WHICH RESULTS
IN
ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE-
(1)
Litter
Fl
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
LPC #
0258025002
Inspection Date :
12/07/2006
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)
(7)
Deposition of General Construction or Demolition Debris
; or Clean Construction or
Demolition Debris
9. 55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumpinq of Any Used or Waste Tire
~~
(2)
Cause or Allow Open Burninq of Any Used or Waste Tire
35 ILLINOIS A MINISTRATIVE CODE REQUIREMENTS'
SUBTITLE G
10. 812 .101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
~~
11 . 722 .111 HAZARDOUS WASTE DETERMINATION
12. 808 .121
SPECIAL WASTE DETERMINATION
13. 809 .302(a)
ACCEPTANCE OF SPECIAL WASTE FROM
A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER
.REQUIREMENTS
14.
APPARENT VIOLATION OF: ( ) PCB; (N) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15. OTHER :
State of Illinois
ENVIRONMENTAL PROTECTION AGENCY
Narrative Inspection Report
Site #: 0258025002
Site Name : Clay City / Lewis, Mark A .
County: Clay
Township : Clay City
Date of Inspection : December 7, 2006
Inspectors :
Garrison Gross
GPS Coordinates : N 38 .65984° W 088.30923°
Subject: Open Dumping Inspection at Mark A . Lewis Property
General Remarks: An Open Dumping Site Inspection was conducted by Illinois EPA Bureau of Land
personnel on Thursday, December 7, 2006, at the property of Mark A . Lewis
. Garrison Gross, author of
this report, conducted the inspection
. The property is located at 1835 Bunnyville Drive, in rural Clay
City, Illinois, 62824 . The inspection was performed as a follow-up to a previous inspection conducted on
August 1, 2006 . Weather conditions at the time of the inspection were scattered clouds, 24° F, and a
moderate breeze.
The inspection began at approximately 11 :40 AM. From Bunnyville Drive, I observed wastes including
but not limited to vehicles, wheel rims and metal .
I continued the inspection by walking and
photographing the site. Approximately 35 waste vehicles of various makes, models and conditions were
observed scattered around the property (photos 001, 002, 004-006, 008-010)
. None of the vehicles
appeared to have current license plates . Many of the vehicles had the windows either broken out, missing
or rolled down, exposing the interior to the elements
. Some of vehicles had the hoods open exposing the
engine compartments to the elements, were missing mechanical components, or had body damage
. Most
of the vehicles did not appear to have been driven for some time
. A few large waste industrial tires were
observed in the back of a pick-up truck near the central portion of the site
. The tires had accumulated
water and leaf litter.
Approximately 40 metal vehicle rims and a few metal drums and other
unidentifiable metal wastes were observed near the northeastern property boundary (photo 003 and 007)
.
The two large metal tanks used for tire incineration were still at the site and contained remnants of
previously burned tires . A few whole tires were still inside the metal tanks . The inspection ended at
approximately 11 :50 AM . Approximately 525 cubic yards of waste was observed at the site
.
State of Illinois
ENVIRONMENTAL PROTECTION AGENCY
Inspection Site Sketch
Date of Inspection : December 7, 2006
Site # : 0258025002
Site Name : Clay City / Lewis, Mark A .
County : Clay
Inspectors : G. Gross
GPS Coordinates : N38 .65984' W088 .30923'
Not Drawn to Scale : All Locations Are Approximate
oT0
8
a
0
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v
00
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File Names : 025802500212072006-(Exp
.
.jpg#]
Page 1 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 0258025002 - Clay County
Clay City / Lewis, Mark A
.
FOS File
Date: 12/07/2006
Time: 11 :42 AM
Direction : Northeast
Photo by : G. Gross
Exposure # : 001
Comments : Photo of five
vehicles. Some have
interiors exposed to the
elements.
Date: 12/07/2006
Time: 11 :42 AM
Direction
: Northeast
Photo by: G. Gross
Exposure # : 002
Comments : Photo of
vehicle missing a door
and metal wheel rims.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 025802500212072006-(Exp. #1.jpg
Page 2 of 5
LPC # 0258025002 - Clay County
Clay City / Lewis, Mark A
.
FOS File
Date: 12/07/2006
Time: 11 :42 AM
Direction : North
Photo by : G. Gross
Exposure #: 003
Comments : Photo of
metal waste and drums.
Date
: 12/07/2006
Time: 11 :43 AM
Direction : North
Photo by : G . Gross
Exposure # : 004
Comments : Photo of
waste vehicles .
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 0258025002-12072006-[Exp . #] .jpg
Page 3 of 5
LPC # 0258025002
- Clay County
Clay City / Lewis, Mark A .
FOS File
Date: 12/07/2006
Time: 11 :43 AM
Direction : North
Photo by : G. Gross
Exposure #: 005
Comments : Photo of
waste vehicles .
Date: 12/07/2006
Time
: 11 :43 AM
Direction : North
Photo by
: G. Gross
Exposure #: 006
Comments : Photo of
waste vehicles .
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 025802500212072006-(Exp . #] .jpg
Page 4 of 5
LPC # 0258025002
- Clay County
Clay City / Lewis, Mark A .
FOS File
Date : 12/07/2006
Time: 11 :44 AM
Direction : Northeast
Photo by: G
. Gross
Exposure # : 007
Comments : Photo of
waste metal and drums.
Date: 12/07/2006
Time: 11
:44 AM
Direction : West
Photo by : G
. Gross
Exposure #: 008
Comments : Photo
of
waste vehicles .
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names: 025802500212072006-
1Exp. #I.jpg
Page 5 of 5
LPC # 0258025002 - Clay County
Clay City / Lewis, Mark A
.
FOS File
Date: 12/07/2006
Time: 11 :44 AM
Direction : West
Photo by : G. Gross
Exposure #: 009
Comments : Photo of
waste vehicles .
Date : 12/07/2006
Time: 11 : 44 AM
Direction: West
Photo by : G. Gross
Exposure #
: 010
Comments : Photo of
waste vehicles.
PROOF OF SERVICE
I hereby certify that I did on the 3rd day of January 2007, 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 : Mark A . Lewis
1835 Bunnyville Drive
Clay City, IL 62824
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
'/
UA~o"I~&-
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
