ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P .O
. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276-( 217) 7
~~i4'K'S
~DOFFE
OFFICE
D
JAMES R
. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 -(312) 814-6026 p
ROD R
. BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
FEB 0
7
/ 2007
(217) 782-9817
TDD : (217) 782-9143
February 2, 2007
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v
. Lawrence Abraham Bartolomucci
IEPA File No. 30-07-AC ; 0818035004-Jefferson County
Dear Clerk Gunn :
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector's Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s) .
On this date, a copy of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail
. As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation
.
If you have any questions or concerns, please do not hesitate to contact me at the number above
.
Thank you for your cooperation .
STATE OF ILLINOIS
Pollution Control Board
Michelle M . Ryan
Assistant Counsel
Enclosures
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760
DES PLAINES-9511 W
. Harrison St ., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131
• PEORIA- 5415 N . University St ., Peoria, IL 61614-(309) 693-5463
BUREAU or LAND - PEORIA- 7620 N
. University St ., Peoria, IL 61614 - (309) 693-5462 •
CHAMPAIGN-2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S . Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892
•
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION-2309 W
. Main St ., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V .
LAWRENCE ABRAHAM
BARTOLOMUCCI,
Respondent .
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: February 2, 2007
ADMINISTRATIVE CITATION
NOTICE OF FILING
To:
Lawrence A . Bartolomucci
P .O . Box 2325
Mt. Vernon, Illinois 62864
AC 01
.
31
THIS FILING SUBMITTED ON RECYCLED PAPER
(IEPA No . 30-07-AC)
Respectfully submitted,
Ryan
Special Assistant Attorney General
RECEIVED
CLERK'S OFFICE
FEB 0 7 2007
STATE OF ILLINOIS
Pollution Control Board
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
.
RECEIVED
CLERKS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB
0
7 2007
ADMINISTRATIVE CITATION
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
LAWRENCE ABRAHAM BARTOLOMUCCI, )
Respondent
.
)
AC 01
•'S1
(IEPA No. 30-07-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 Lawrence Abraham Bartolomucci ("Respondent") was the owner and operator of
a facility located as Part of the W % of NW beginning 62.28
feet south of the NW corner then South
938 .64', East 1314
.8', North 284.62', East 567 .5', North 707', West 1715
.77', Southwest 181
.87' to
the point of beginning, Sec . 7, 3 South, 3 East containing 39
.36 acres more or less, with a site
parcel number 11-07-101-002, located in Mt
. Vernon, Jefferson County, Illinois . The property is
commonly known to the Illinois Environmental Protection Agency as Mt
. Vernon/Ortiesen Corp .
(formerly Bartolomucci, Abe)
.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated wth Site Code No
. 0818035004 .
3.
That Respondent has owned and operated said facility at all times pertinent hereto
.
4.
That on December 14, 2006, Gerald Steele 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 Gerald Steele during the course of his December
14, 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 5121(p)(1)
(2004) .
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5142(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 March 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
in addition to the One Thousand Five Hundred Dollar ($1,500.00) statutory civil penalty for each
2
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 .
Douglas P. Scott, Directors
.4,, ;
Illinois Environmental Protection Agency
Date:
2-1 -2- lo -)
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
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
LAWRENCE ABRAHAM BARTOLOMUCCI, )
Respondent .
FACILITY: Mt. Vemon/Ortgiesen Corp .(formerly Bartolomucci, Abe)
SITE CODE NO . :
0818035004
COUNTY :
Jefferson
CIVIL PENALTY :
$1,500 .00
DATE OF INSPECTION :
December 14, 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
AC
01 -11
(IEPA No. 30-07-AC)
RECEI VED,
FEB 0 7 2007
Pollution
STATE OF
Control
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY )
Complainant,
)
IEPA DOCKET NO .
v.
)
Lawrence Abraham Bartolomucci
)
Respondent .
)
AFFIDAVIT
Affiant, Gerald Steele, 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 Dec.14, 2006, between 2 :20 pm and 3 :10 pm, Affiant conducted an inspection of a
disposal site operated by L . Abe Bartolomucci, located in Jefferson County, Illinois, and known
as the Ortgiesen Corporation site by the Illinois Environmental Protection Agency
. Said site has
been assigned site code number 0818035004 by the Agency .
3 . Affiant inspected said Ortgiesen Corporation site from the adjacent County road which
included observing 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 Ortgiesen Corporation site .
Subscribed and Swo o before me
this-40
day ofanc^a',7~ /iCI
NVe/1gMlyyyfyryy4lyy„9
.L .q,yFfy
5
RONALD
"OFFICIAL
E .
SEALMORSE."
;Notary Public, State of Illinois
My Commission Expires : 2/? /10
County :
Jefferson
LPC#:
0818035004
Region : 7 - Marion
Location/Site Name :
Mt .Vernon / Ortgiesen Corp .
Date :
12/14/2006 Time
:
Inspector(s) :
G . Steele
No
. of Photos Taken : #
3
Est . Amt
. of Waste : 560
Interviewed :
Worker
Latitude : 38 .28385
Longitude : -88 .92953
(Example
:
Lat . :41 .26493
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
ILLINUIS tNVIIIUNMLNIAL I'IIUItU
:IIUN AUtNU~T
Open Dump Inspection Checklist
From
Long
.
:-89
.38294)
2:20 pm
To 3:10 pm
Previous Inspection Date :
02/07/2006
Weather :
Sunny, 40, wet
yds3
Samples Taken : Yes #
No
Complaint #
: C-05-158-M
Collection Point Description
: Site Entrance
-
Collection Method
: GPS -
Ortgiesen Corp
.
Barbara Ortgiesen
13486 N . Ashland Ln
.
Woodlawn, Illinois 62898
(Open Dump - 1)
SECTION
DESCRIPTION
VIOL
ILLINOIS=ENVIRONMENTAL
PROTECTION ACT
:REOUIR'EMENTS
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
11,13
6 . 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
IS
(2)
In Violation of Any Regulations or Standards Adopted by the Board
1162
7 . 21(e)
DISPOSE, TREAT,
STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTF INTO THF STATF
AT/T SITFS NOT
MEETING REQUIREMENTS OF ACT
23
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
1~
(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 #
0818035004
Inspection Date :
12/14/2006
Informational Notes
1 .
[Illinois] Environmental Protection Act
: 415 ILCS 5/4 .
2 .
Illinois Pollution Control Board : 35 Ill
. 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 Dumping of Any Used or Waste Tire
F~
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35ILLIN ADMINISTRATI, c DE' REQUIREMENTS
$001TI:
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
(j_
1NENTS
14.
APPARENT VIOLATION OF : ( ) PCB; (N) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15 . OTHER :
Illinois Environmental Protection Agency
Narrative Inspection Report
Site # : 0818035004
Date: Dec. 14, 2006
County : Jefferson
Inspector: G.E. Steele
Subject : Mt. Vernon / Ortgiesen Corp
. (formerly Bartolomucci, Abe)
This site was inspected as a follow-up to an investigation done on February 7, 2006
. This site was inspected
concurrently with the adjacent Dycus-Adams and Benny Beard sites
. I spoke to a man working at the site . He
said an auction had been held in mid-November, at which time the property owned by Mr
. Bartolomucci was
sold to three parties. Records at the Jefferson Co
. Courthouse, filed 12-15-2006, show that this 39
.98 acre
parcel, 11 -07-101-002, had been sold to
:
Ortgiesen Corp .
Barbara Ortgiesen, Reg . Agent
13486 N. Ashland Lane
Woodlawn, Illinois
This site is an agricultural field
. Wastes observed previously when the site was owned and operated by Mr
.
Bartolomucci were again seen at this site
. They included pallets, building material, and wood
. Additional
materials were also seen at this time
. Pallets, boxes containing miscellaneous items, a wood stove, carpeting,
empty boxes and paper, and a pick-up truck were observed
. The bed of the truck was filled with boxes
. A
travel trailer was also parked here
. 11 of the items were exposed to the elements, and many were setting on the
ground
. The waste was predominately sitting in a single row running the length of the property, approximately
200 yards long by 2 yards wide
. An approximate 8 yard by 20 yard strip was seen in the northeast corner
.
Line 1, and 8 : Open dumping, and open duping allowing litter
; various items were open dumped at this
property
. They were on the ground and exposed to the elements
. They were not in use, not usable in their
current condition, and not being protected for future use
.
Line 6, 7, and 12
: Operating a waste disposal operation without a permit, and failure to submit an application
:
There is no record of L
. Abe Bartolomucci, or Ortgiesen Corp
. having applied for or receiving a permit for this
site
. All of the wastes are from off-site, as this is an agricultural field
.
Railroad
North
State Rte . 142
3
1,2
waste
0818035004 -
Jefferson Co .
Ortgiesen Corp .
12/14/2006
Hot to scale
All locations are approximate
O
-
L
location and direction of
photographs
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
Page l of 2
LPC # 0818035004 - Jefferson County
Mt. Vernon / Ortgiesen Corp
FOS File
Date : Dec. 14, 2006
Time: 2 :45 pm
Direction : East
Photo by: G.E. Steele
Exposure # : 001
Comments :
Date: Dec . 14, 2006
Time: 2:45 pm
Direction : Northeast
Photo by : G.E. Steele
Exposure # : 002
Comments :
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
No Photo
File Names : 081803500412142006-IExp . #].jpg
Page 2 of 2
LPC # 0818035004 - Jefferson County
Mt. Vernon / Ortgiesen Corp
FOS File
Date: Dec . 14, 2006
Time: 2:47
pm
Direction : Northeast
Photo by: G.E. Steele
Exposure #
: 003
Comments :
Date:
Time:
Direction :
Photo by:
Exposure #: No Photo
Comments :
PROOF OF SERVICE
I hereby certify that I did on the 2"
d
day of February 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 :
Lawrence A
. Bartolomucci
P .O. 2325
Mt. Vernon, Illinois 62864
G.t
4t
'7000 1(070 0009 (0(37 SGO(,
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
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Michelle Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
