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)
.
RECEIVEDCLERK'S
OFFICE
FEB 0 9 2007
Pollution
STATE OF
Control
ILLINOIS
Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V .
GLEN I . SUTTLES and ELIZABETH J
.
SUTTLES,
Respondents .
To:
Glen I. Suttles and Elizabeth J . Suttles
391 West Tremont Street
Waverly, Illinois 62692
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,
NOTICE OF FILING
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 : February 7, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB 0 9 2007
ADMINISTRATIVE CITATION
Pollution
STATE OFControl
ILLINOIS
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
RECEIVEDCLERK'S
OFFICE
FEB 0 9 2007
Pollution
STATE OF
Control
ILLINOISBoard
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 Glen I . and Elizabeth J . Suttles ("Respondents") are the present owners and
operators of a facility located at 393 West Elm Street, Waverly, Morgan County, Illinois . The
property is commonly known to the Illinois Environmental Protection Agency as Waverly/Suttles .
2 .
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No . 1378675002 .
3.
That Respondents have owned and operated said facility at all times pertinent hereto
.
4.
That on December 18, 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
.
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
GLEN I . AND ELIZABETH J . SUTTLES,
)
Respondents.
AC
01 .LP
(IEPA No. 26-07-AC)
VIOLATIONS
Based
upon direct observations made by Paul Eisenbrandt during the course of his
December 18, 2006 inspection of the above-named facility, the Illinois Environmental Protection
Agency has determined that Respondents have violated the Illinois Environmental Protection Act
(hereinafter, the "Act") as follows :
(1) That Respondents 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 5/42(b)(4-5) (2004), Respondents are
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 ($1,5000 .00). If
Respondents elect not to petition the Illinois Pollution Control Board, the statutory civil penalty
specified above shall be due and payable no later than
March 15, 2007, unless otherwise provided
by order of the Illinois Pollution Control Board .
If Respondents elect 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,
Respondents 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 .
2
Pursuant to Section 31 .1(d)(1) of the Act, 415 ILCS 5/31
.1(d)(1) (2004), if Respondents fail
to petition or elect 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, Respondents 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, Respondents 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 Respondents 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 Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued .
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents have 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 Respondents elect to contest
this Administrative Citation, then Respondents 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 Respondents .
Douglas
~
P. colt, Directorto
sir
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: 2- Ib1 o7
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
1,40
V .
)
(IEPA No. 26-07-AC)
GLEN I . AND ELIZABETH J . SUTTLES,
)
Respondents .
)
FACILITY:
Waverly/Suttles
SITE CODE NO . :
1378675002
COUNTY:
Morgan
CIVIL PENALTY
:
$1,500.00
DATE OF INSPECTION :
December 18, 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 .
RECEIVED
CLE
FEQ 0 0 2007
REMITTANCE FORM
Pollution
STATE OF
Control
ILLINOISBoard
5
County : Morgan
LPC# :
1378675002
Location/Site Name :
Waverly/Suttles
Date :
12 .18 .2006 Time: From 10:15 am To 10 :40 am
Previous Inspection Date : 05.10 .2005
Inspector(s) :
Paul Eisenbrandt
Weather
: -40°F and Sunny
No. of Photos Taken
: # 5
Est . Amt . of Waste : 10
yds3 Samples Taken
: Yes #
Interviewed :
Complaint #
: C-04-077-C
Responsible Party
Mailing Address(es)
and Phone
Number(s) :
Revised 06/18/2001
ILLINUIS LNVIKUNMtNIAL I'I-IUItL;IIUN
AlatNUY
Open Dump Inspection Checklist
Glen & Jane Suttles
391 W . Tremont St .
Waverly, Illinois 62692
217 .435
.5491
(Open Dump - 1)
Region
:
5 - Springfield
No X
SECTION
DESCRIPTION
VIO
=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
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
(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 .#1378675002
Inspection Date
: December 18, 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
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS A MINISTRAT
Suo
,i
CODE REQUIREMENTS -
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
H R
REM,Et4Ts
14.
APPARENT VIOLATION OF: ( ) PCB; ( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM
DATE:
January 2, 2007
TO :
DLPC / Division File
FROM :
Paul Eisenbrandt, DLPC/FOS Springfield Region
SUBJECT : LPC #1378675002 -
Morgan County
Waverly/Suttles
C-04-077-C
FOS File
INSPECTION DATE : December 18, 2006
The purpose of this memorandum is to serve as the Narrative Inspection Report Document of a
December 18, 2006 complaint investigation of the above referenced site
. The initial complaint
alleged the owner was collecting junk and lumber purchased from auctions at the site
. The
original inspection, pursuant to the complaint, was conducted on May 19, 2004
. The second and
third inspections were conducted on January 10, 2005 and May 10, 2005, respectively
. This
fourth inspection took place from about 10
:15 am to 10 :54 am, and five digital photographs were
taken. The weather was sunny and approximately 40
°F. No one was interviewed at the time of
the inspection .
Photograph 1 is a street elevation view of the respondent's warehouse
. The pole building and
property is used to store miscellaneous items purchased at auctions
. This area contains some
stacked and somewhat sorted materials along with other miscellaneous debris
. The amount of
miscellaneous debris staged in front of the building (south side) has decreased since the May 19,
2004, January 10, 2005, and May 10, 2005 inspections . On the May 19, 2004 inspection,
approximately a 50 ft by 50 ft area was used for material storage
. On the January 10, 2005
inspection, approximately a 30 ft by 30 ft area was used for material storage
. One the May 10,
2005 inspection, the staging materials decreased to an approximate 15 ft by 20 ft area
. On this
December 18, 2006 inspection it appears the area covered by miscellaneous debris has remained
the same, but the amount of debris has become less
. Mr. Suttles was making progress in
decreasing the amount of debris
; however it appears that he is bringing in new items again
.
Waste not previously described was observed, mainly scrap lumber . The estimated amount of
waste is now 10 cubic yards
. The property is maintained and all of the items stored outside of the
building are on asphalt or gravel
. The rest of the site is free of litter and debris .
Photographs 2, 3, 4, and 5 are of the exterior staging area . A stack of cut 2x4's and OSB board
were observed beneath a white tarpaulin
. Tarps also covered a television, another pile of scrap
wood, and a wood crate holding firewood
. A wooden picnic table, a wooden bench, a broken
wood ladder, a fireplace grate, a section of black metal railing, a TV antenna, a metal rack, a wire
rack, a shower rod, a plastic pan, an extension cord, a light bulb, a Christmas tree stand, a gas
cylinder, a throw rug, a broom, sawhorses, metal stakes, PVC pipe, vehicle floor mats, jack
page 1
stands, cyclone fencing, phone cord, metal springs, conduit, rebar, white dry erase boards, scrap
metal, paneling, plywood, fiber board, particle board, dimensional lumber, wood pallets, a white
simulated six panel interior door, a stack of beige siding, and a 55 gallon drum containing an
election sign, landscape waste, rotten lumber, and plastic were observed exposed to the weather
.
The Illinois EPA inspector noticed the area smelled like damp deteriorating lumber
.
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 . Any useable tires must be stored inside or covered to prevent the accumulation of water
.
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 20 tires must be hauled by an Illinois EPA registered
used tire transporter . In addition, the open burning of waste material is prohibited .
The apparent violations noted as a result of this inspection are checked on the attached checklist .
Although Mr . Suttles has not responded to any of the Illinois EPA letters, he is making progress
and has cleaned up approximately eighty-five percent of this site . A site sketch and digital
photographs accompany this narrative .
cc :
DLPC/FOS Springfield Region
page 2
to
Illinois Environmental Protection Agency
Bureau
of Land
LPC # 1378675002 - Morgan County
Waverly/Suttles
FOS File
December 18, 2006 Inspection
zaI
Elm saed
(xwy,oq
Measurements Approximate
SITE SKETCH
Direction of Photo 0
W
Not to Scale
Photograph Names
: 1378675002-12182006-[Exp . #] .jpg
Page 1 of 3
Illinois Environmental Protection Agency
Bureau of Land .
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1378675002 - Morgan County
Waverly / Suttles
FOS File
Date
: December 18, 2006
Time: 10:21 AM
Direction : N
Photo by: Eisenbrandt
Exposure # : 001
Comments : Street view
of the warehouse, the
debris in front of the
warehouse, and the
property .
Date: December 18, 2006
Time: 10:21 AM
Direction : NE
Photo by: Eisenbrandt
Exposure #: 002
Comments: A stack of
wood pallets, a white
tarp covering a stack of
2x4's and OSB board, a
picnic table, saw horses,
a pile of cut firewood,
dimension lumber, phone
cord, a broom, scrap
metal, and a wire rack
were observed .
File Name
: 1378675002-12182006 .doc
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
Photograph Names : 1378675002-12182006-[Exp
. #] .jpg
Page 2 of 3
LPC #1378675002 - Morgan County
Waverly / Suttles
FOS File
Date : December 18, 2006
Time: 10:21 AM
Direction : NE
Photo by: Eisenbrandt
Exposure # : 003
Comments: A plastic
pan, a metal rack, an
extension cord, a light
bulb, saw blades, metal
springs, a throw rug, a
shower rod, a fireplace
grate, rigid conduit, a
section of black railing,
jack stands, a wood
bench, a stack of beige
siding, a TV antenna, a
piece of PVC pipe, rebar
sections, and a white
tarp covering a wood
crate holding firewood
were observed . .
Date: December 18, 2006
Time: 10:31 AM
Direction
: NW
Photo by: Eisenbrandt
Exposure #: 004
Comments: Scraps of
fiber board, paneling,
plywood, particle board,
and dimensional lumber,
as well as a tree stand,
two dry erase boards, a
white simulated six-panel
interior door, and a white
tarp covering scrap wood
were observed
.
File Name
: 1378675002-12182006 .doc
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
Photograph Names : 1378675002-12182006-[Exp
. #] .jpg
File Name
: 1378675002-12182006 .doc
Page 3 of 3
LPC #1378675002 - Morgan County
Waverly I Suttles
FOS File
Date: December 18, 2006
Time: 10 :34 AM
Direction : W
Photo by : Eisenbrandt
Exposure # : 005
Comments : A metal
rack, a TV (under a white
tarpaulin), PVC pipe,
scrap iron, rigid conduit,
rebar, metal stakes,
cyclone fencing, a gas
cylinder, vehicle floor
mats, and a broken wood
ladder were observed .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
)
Illinois Environmental
)
Protection Agency
)
vs .
)
IEPA DOCKET NO .
Glen and Elizabeth Suttles )
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 December 18, 2006 between 10:15
AM and 10:40
AM, Affiant conducted an
inspection of a disposal site operated without an Illinois Environmental Protection
Agency permit, located in Morgan County, Illinois, and known as Waverly/Suttles by the
Illinois Environmental Protection Agency
. Said site has been assigned site code number
LPC# 1378675002 by
the Illinois Environmental Protection Agency
.
3 .
Affiant inspected said Waverly/Suttles 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
Affant's knowledge and belief, is an accurate representation of
Affiant's observations and
factual conclusions with respect to said Waverly/S
ump .
Subscribed and Sworn To before me
This /e?day of
-
u ti~ , i sc7
Notary Public
PROOF OF SERVICE
I hereby certify that I did on the 7th 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 :
Glen 1 . Suttles and Elizabeth J
. Suttles
391 West Tremont Street
Waverly, Illinois 62692
Cert#
7004 2510 0001 8588 2348
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# 7004
2510 0001 8588 2331
Michelle
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
