RECEIVED
CLERK'S
OFFICE
JAN 1
1 2007
Pollution
STATE OF
ControlILLINOISBoard
INFORMATIONAL NOTICE!!!
-I
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)
.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V .
DON JOSE TANDY,
Respondent .
NOTICE OF FILING
To :
Don Jose Tandy
404 W
. Nicholas Street
Carlinville, Illinois 62626-1243
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: January 9, 2007
ADMINISTRATIVE CITATION
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,
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
JAN 1
1 2007
Pollution
STATE OF
Control
ILLINOIS
Board
ichelle M
. Ryan
Special Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC 0 1
V .
)
( IEPA No . 3-07-AC)
DON JOSE TANDY,
)
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 Don Jose Tandy ("Respondent") is the present owner of a facility located at 851
Basswood Avenue, Royal Lakes , Macoupin County, Illinois
. The property is commonly known to
the Illinois Environmental Protection Agency as Royal Lakes/Tandy
.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1170835009 .
3 .
That Respondent has owned said facility at all times pertinent hereto
.
4 . That on November 16, 2006, Paul Eisenbrandt of the Illinois Environmental
Protection Agency's Springfield 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 .
RECEIVEDCLERK'S
OFFICE
JAN
1 1 2007
STATE OF
ILLINOIS
Pollution Control Board
VIOLATIONS
Based upon direct observations made by Paul Eisenbrandt during the course of his
November 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).
(2) That Respondent caused or allowed the open dumping of waste in a manner
resulting in open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS
5/21 (p)(3) (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
Three Thousand Dollars ($3,000 .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 1, 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
2
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
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 .
Dl~ouglas P . colt
. Director
43
Illinois Environmental Protection A ency
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: iI q
(0-
7
REMITTANCE FORM
RECEIVED
CLERK'S OFFICE
JAN 1
1 2007
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
STATE OF
ILLINOIS
)
Pollution Control Board
Complainant,
)
AC
01
V .
)
(IEPA No . 3-07-AC)
DON JOSE TANDY,
)
Respondent
.
)
FACILITY:
Royal Lakes/Tandy
SITE CODE NO . :
1170835009
COUNTY:
Macoupin
CIVIL PENALTY:
$3,000 .00
DATE OF INSPECTION:
November 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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
Illinois Environmental
)
Protection Agency
)
vs.
)
IEPA DOCKET NO .
Don Jose Tandy
)
Respondent.
)
Affiant, Paul Eisenbrandt, being first duly sworn, voluntarily deposes and states as
follows :
1
. Affiant is a field inspector employed by the Division of Land Pollution Control/Field
Operations Section of the Illinois Environmental Protection Agency and has been so
employed at all times pertinent hereto
.
2. On November 16, 2006 between 11
:57 AM and 12 :07 PM, Affiant conducted an
inspection of a disposal site operated without an Illinois Environmental Protection
Agency permit, located in the Village of Royal Lakes in Macoupin County, Illinois and
known by the Illinois Environmental Protection Agency as Royal Lakes/Tandy
. Said site
has been assigned site code number LPC# 1170835009 by the Illinois Environmental
Protection Agency
.
3 . Affiant inspected said Royal Lakes/Tandy open dump 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 Royal Lakes/Tandy open dump
.
Subscribed and Sworn To before me
This/h/day of
e
f
/i~t>~ C~cwt
Notary Public
"Z
-tJt
+}FI"InlAt
. SEAS..
na
County :
Macoupin
LPC# :
1170835009
Location/Site Name :
Royal Lakes/Tandy
Revised 06/18/2001
ILLINOIS ENVIRONMENTAL PRU] ILL; I ION AULNUY
Open Dump Inspection Checklist
(Open Dump - 1)
Region :
5 - Springfield
SECTION
DESCRIPTION
VIO
ILLINOIS
N' L OT
ACT REQUIREMENTS
1, 9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
X
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
X
3. 12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
12(d)
CREATE A WATER POLLUTION HAZARD
5. 21 (a)
CAUSE OR ALLOW OPEN DUMPING
X
6 .
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL OPERATION
:
(1)
Without a Permit
x
(2)
In Violation of Any Regulations or Standards Adopted by the Board
X
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 AND
REGULATIONS
X
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
x
(2)
Scavenging
(3)
Open Burning
x
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
Date
:
11 .16.2006 Time : From 11 :57 am To 12 :07 pm Previous Inspection Date:
40°F and Overcast
01 .26.2006
Inspector(s) :
Paul Eisenbrandt
Weather:
No
. of Photos Taken : #
Interviewed :
Isaiah Tandy
4
Est. Amt. of Waste : 6
yds3 Samples Taken : Yes #
#: C-05-128-C
No X
Complaint
Responsible Party
Isaiah Tandy
404
Don Jose
W . Nicholas
Tandy
St .
and
Mailing
Number(s)PhoneAddress(es)
:
851
Royal
PhoneBasswood
Lakes,
:618/836-5489IL
Ave62685-9456
217-854-4534Carlinville,
IL 62626-1243
LPC #1170835009
Inspection Date : November 16, 2006
InformationalNotes
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 06/18/2001
(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 Dumping of Any Used or Waste Tire
X
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
X
35 ILLINOI
VE CODE
REMENTS
ITtE G
10. 812 .101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
X
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
)REM
$
14.
APPARENT VIOLATION OF : ( ) PCB ; ( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
DATE :
TO:
FROM:
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM
December 13, 2006
DLPC / Division File
Paul Eisenbrandt, DLPCIFOS Springfield Region
SUBJECT: LPC #1170835009- Macoupin County
Royal Lakes/Tandy
C-05-128-C
FOS File
INSPECTION DATE :
November 16, 2006
The purpose of this memorandum is to serve as the Narrative Inspection Report Document of a
November 16, 2006 complaint investigation of the above referenced site . This site was
previously inspected on May 10, 2005 and January 26, 2006 . This third inspection took place
from approximately 11 :57 am to 12 :07 put and four (4) digital photographs were taken . The
weather was cloudy, and approximately 40 °F, with a 20 mph wind from the north . No one was
interviewed during the inspection .
Photograph 1 is a view of the Tandy house trailer located at 851 Basswood Avenue . A plastic
bucket, a plastic gasoline can, a sponge mop, window glass, and used tires were just some of the
waste observed in the front portion of the Tandy property. A minimal amount of waste has been
cleaned up.
Photograph 2 shows the southwest side of the Tandy property
. Two truck toppers were observed,
one of which was covering several used tires . There are approximately 50 used tires on site . A
Consensual Removal Agreement was mailed to Mr . Don Jose Tandy on February 28, 2006 with a
copy of the January 26, 2006 inspection report
. The Consensual Removal Agreement, that would
have allowed the Illinois EPA to remove the used tires at no cost to Mr . Tandy, was not returned
to the Illinois EPA. The photograph also shows miscellaneous litter scattered throughout the site
.
Photograph 3 shows a bum pile located in a ditch on the Westside of the property . The charred
bum pile debris has not been cleaned up and the charred debris looks different than what was
previously observed. It appears that open burning is still occurring at the Tandy property
. Mr.
Isaiah Tandy was instructed during the two previous inspections that burning of garbage and
debris was a violation of the Environmental Protection Act . It was explained that burning of
landscape waste (grass, leaves, tree limbs, etc) was permitted . It was also explained that
domicile waste (paper, cardboard, etc) could be burnt in a bum barrel or other vessel only
. He
was instructed to stop burning garbage, construction debris, and tires
. The photograph also
shows miscellaneous waste strewn throughout the side yard
.
page 1
Photograph 4 shows the east side of the Tandy property . Several piles of miscellaneous debris
were still observed . It appears there is no appreciable improvement has occurred to the condition
of the Tandy property . At best it appears waste is being shuffled around, or if clean up efforts
have occurred, additional waste has been open dumped . The February 28, 2006 letter also
warned Mr . Tandy of possible enforcement action and monetary penalties if steps were not
undertaken to achieve compliance
. Apparently the warnings were not heeded .
The debris and unusable wastes must be disposed at an Illinois EPA permitted landfill or transfer
station. Scrap metal not disposed at a landfill can be taken to a scrap metal facility or recycling
center . The used tires must be drained and stored inside or covered to prevent the accumulation
of water . The used or waste tires must be removed to an Illinois EPA registered used tire storage
or used tire disposal facility . Used or waste tires cannot be taken to a landfill or transfer station
for the purpose of disposal . Loads of more than twenty tires must be hauled by an Illinois EPA
registered used tire transporter.
On December 13, 2006, at approximately 9 :35 AM, the Illinois EPA inspector attempted to call
Mr. Don Jose Tandy (owner) . Mr. Tandy's Carlinville phone number has changed and no
forwarding phone number is available . The Illinois EPA inspector checked multiple internet
phone listing pages and no current phone number was located .
The Illinois EPA Inspector estimates approximately 6 cubic yards of waste are still on site
. The
apparent violations noted as a result of this inspection are checked on the attached checklist
. The
Illinois EPA inspector recommends an administrative citation be issued . A site sketch and
digital photographs accompany this narrative .
cc :
DLPC/FOS Springfield Region
page 2
Illinois Environmental Protection Agency
LPC # 1170835009
- Macoupin County
Bureau of Land
Royal Lakes/Tandy
FOS File
November 16, 2006 Inspection
SITE SKETCH
2 vehicle
gasoline tanks
and a 55-gal
dnuo ~~Q
Truck
Burn Pile
2 1
Basswood Avenue
Misc .
Wash
5 used
tires
d
C-
1-TrUck toppers
, overing used tires
Measurements Approximate
Direction of Photo *
Not to Scale
House Trailer
a
0
MW
N
File Names : 1170835009-11162006-[Exp . #].jpg
Page 1 of 2
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1170835009 - Macoupin County
Royal Lakes / Tandy
FOS File
Date
: November 16, 2006
Time : 11 :59 AM
Direction : SE
Photo by: Eisenbrandt
Exposure #: 001
Comments: View of the
Tandy house trailer . A
plastic bucket, window
glass, a gasoline can, a
sponge mop, and used
tires were just some of
the waste observed .
Date : November 16, 2006
Time: 11 :59 AM
Direction : SE
Photo by: Eisenbrandt
Exposure # : 002
Comments: Southwest
side of Tandy yard . A
truck topper, used tires,
and several piles of
miscellaneous waste
were observed open
dumped on the ground .
File Name : 1170835009-11162006 doc
File Names : 1170835009-11162006-[Exp . #].jpg
Page 2 of 2
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1170835009 - Macoupin County
Royal Lakes I Tandy
FOS File
Date: November 16, 2006
Time: 11 :59 AM
Direction : S
Photo by : Eisenbrandt
Exposure # : 003
Comments : Southwest
side of Tandy yard . Burn
pile located in ditch on
left of photograph .
Date: November 16, 2006
Time: 12 :00 PM
Direction : S
Photo by : Eisenbrandt
Exposure # : 004
Comments: East side of
Tandy yard
. Several
piles of miscellaneous
debris were observed in
the east yard .
File Name : 1170835009-11162006 doc
PROOF OF SERVICE
I hereby certify that I did on the 9th 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: Don Jose Tandy
404 W . Nicholas Street
Carlinville, IL 62626-1243
Cert # 7004
2510 0001 8588 2256
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 8588 2249
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
,L I -s S. ~ \ Jrw
Michelle M . Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
