ILLINOIS ENVIRONMENTAL PROTECTION AGENCY RECEIVED
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217) 782-339
CL
7
ERK'S
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE
11-300, CHICAGO, IL 60601 - (312) 814-602EMAY
0
5OFFICE
2008
ROD R. BLAGOJEVICH, GOVERNOR
?
DOUGLAS
P. SCOTT, DIRECTOR
STATE OF ILLINOIS
Pollution Control Board
(217) 782-9817
TDD: (217) 782-9143
May 1, 2008
John Therriault, 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. Keister's, Inc.
IEPA File No. 65-08-AC; 1878080002—Warren County
Dear Mr.Therriault:
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.
incerely,
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 OF 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
bcc: Susan Konzelmann, DLC #21
Mike Davison, Division of Land Pollution Control #24
Division of Land Pollution Control File Room #24 (Compliance File)
Keister's, Inc.
1878080002—Warren County
kb McGhee, Peoria Regional Office
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
AC () e-)1
(IEPA No. 65-08-AC)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
KEISTER'S, INC.,
Respondent.
RECEIVED
CLERICS OFFICE
MAY 0 5 2008
STATE OF ILLINOIS
Pollution Control Board
NOTICE OF FILING
To:?
Keister's, Inc.
c/o Tonia M. Doy, Registered Agent
1348 South Main Street
P.O. Box 826
Monmouth, Illinois 61462
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,
Miche
?
Ry
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: May 1, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
RECEIVED
CLERK'S OFFICE
MAY 0 5 2008
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
KEISTER'S, INC.,
AC
0? e?-C
(IEPA No. 65-08-AC)
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 (2006).
FACTS
1.
That Keister's Inc. ("Respondent") is the present owner and operator of a facility
located at 1348 South Main Street in Monmouth, Warren County, Illinois. The property is commonly
known to the Illinois Environmental Protection Agency as Keister's, Inc.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1878080002.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on March 11, 2008, Jeb McGhee of the Illinois Environmental Protection
Agency's Peoria 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 Jeb McGhee during the course of his March 11,
2008 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)
(2006).
(2)
That Respondent caused or allowed the open dumping of waste in a manner
esulting in open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS
5/21 0)(3)(2006).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2006), 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 May 30, 2008, 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 (2006), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicator)/ 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) (2006), 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 (2006). 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.
P.
?
) 6 .?
5I locs
Date:
Douglas RAcott, Director?
1?
—7
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
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
KEISTER'S, INC.,
RECEIVED
CLERK'S OFFICE
MAY 0 5 2008
STATE OF IWNOIS
Pollution Control Board
(IEPA No. 65-08-AC)
REMITTANCE FORM
AC
Respondent.
FACILITY:?
Keister's, Inc.
?
SITE CODE NO.: 1878080002
COUNTY:?
Warren
?
CIVIL PENALLY: $3,000.00
DATE OF INSPECTION:
?
March 11, 2008
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter the date of your remittance, you
Federal Employer Identification Number (FEIN)
sure your check is enclosed and mail, along
Protection Agency, Attn.: Fiscal Services, P.O.
r Social Security number (SS) if an individual or
if a corporation, and sign this Remittance Form. Be
with Remittance Form, to Illinois Environmental
Box 19276, Springfield, Illinois 62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
IEPA DOCKET NO.
RESPONDENT
Affiant, Jeb McGhee, 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 March 11, 2008, between 1:00 p.m. and 2:00 p.m.,
Affiant conducted an inspection of the open dump in Warren
County, Illinois, known as Keister's Inc., Illinois Environmental
Protection Agency Site No. 1878080002.
3.
Affiant inspected said Keister's Inc. 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 Keister's Inc. open dump.
J
m5,44t-I
Subscribed and Sworn to before g
me this
°f
day of
?
-2
`T
X) 6#6,1
Notary Public
"OFFICIAL SEAL"
Barbara E.
Lindley
Notary Public. State. of Illinois
My
Commissiou axpirtes 8/27/09
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
?
Warren? LPC#:?
1878080002?
Region: 3 - Peoria
Location/Site Name:?
Monmouth/Keister's, Inc.
Date:?
03/11/2008 Time: From 1:00 p.m. To 2:00 p.m. Previous Inspection Date: 02/05/2007
Inspector(s):?
Jeb McGhee
?
Weather Partly Cloudy, 48 F
No. of Photos Taken: # 16 Est. Amt. of Waste: 20
?
yds3 Samples Taken: Yes #
?
No
Interviewed:?
Tonia M. Doy
?
Complaint #:
Latitude: 40.89710?
Longitude: -90.64879?
Collection Point Description:
Collection Method: -
Responsible Party
Mailing Address(es)
and Phone Number(s):
Keister's, Inc.
c/o Tonia M. Doy
1348 South Main Street, P.O. Box 826
Monmouth, IL 61462
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTIO
N
A
AC
T
REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
i4
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
I
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
q
4.
12(d)
CREATE
A
WATER POLLUTION HAZARD
q
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
q
(2)
In Violation of Any Regulations or Standards Adopted by the Board
r
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
0
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
(2)
Scavenging
q
(3)
Open Burning
0
(4)
Deposition of
Waste
in
Standing or Flowing
Waters
q
(5)
Proliferation of Disease Vectors
q
(6)
Standing or Flowing Liquid Discharge from the Dump Site
q
(Example: Lat.: 41.26493
?
Long.: -89.38294)
Revised 6/21/2007
?
(Open Dump - 1)
LPC #
1878080002
Inspection Date:?
03/11/2008
(7)
Deposition of: (i) General Construction or Demolition Debris as defined in Section
3.160(a); or (ii)
Clean Construction or Demolition Debris as defined in Section 3.160(b)
q
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
q
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
'?
- SUBTITLE
G
10.
812.101(a)
FAILURE
TO
SUBMIT
AN APPLICATION
FOR
A
PERMIT
TO
DEVELOP AND
OPERATE
A
LANDFILL
q
11.
722.111
HAZARDOUS WASTE DETERMINATION
q
12.
808.121
SPECIAL WASTE DETERMINATION
q
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM
A
WASTE TRANSPORTER WITHOUT
A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT
?MANIFEST
q
OTHER REQUIREMENT
S
14.
APPARENT VIOLATION OF:
(
q
)
PCB;
(
q
) CIRCUIT
COURT
CASE NUMBER:?
ORDER ENTERED ON:
q
15.
OTHER:
q
16.
815.201
Failure to file an initial facility report
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 6/21/2007
?
(Open Dump - 2)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Tire Storage Site Inspection Checklist
County:
?
Peoria
?
LPCl/:?
1878080002
Region:
3 - Peoria
City/Facility Name:?
Monmouth/Keister's, Inc.
Facility Location:
?
1348 South Main, Monmouth, Illinois 61462
Telephone:?
309-734-2151
Date:
?
03/11/2008
?
Time:?
From?
1:00 pm
Inspector(s):?Jeb McGhee
Weather?Partly Cloudy 48' F
Interviewed:?
Tonya Doy
To 2:00 pm Previous Inspection Date:
?
02/05/2007
No. of Photos Taken: #
?
16
No. of Samples Taken:
Complaint #:
Waste Tire Hauler Used:?
Elk Distributing
Hauler Registration Number:
?
T877I
Responsible Party Mailing
Address(es):
Keister's, Inc.
do Tonia M. Doy, Registered Agent
1348 South Main Street, P.O. Box 826
Monmouth, IL 61462
1100
Estimated Number of Used Tires Located At This Facility, including altered, converted and reprocessed tires.
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
I
21(k)
FAIL OR REFUSE TO PAY ANY FEE IMPOSED UNDER THIS ACT
q
2
55(a)(4)
CAUSE OR ALLOW THE OPERATION OF A TIRE STORAGE SITE EXCEPT IN COMPLIANCE WITH
BOARD REGULATIONS
Note: Also Mark appropriate Violations of Part 848
fit
3
55(b-1)
NO PERSON SHALL KNOWINGLY MIX ANY USED OR WASTE TIRE, EITHER WHOLE OR CUT, WITH
MUNICIPAL WASTE
■
4
55(c)
FAILURE TO FILE THE REQUIRED NOTIFICATION WITH THE AGENCY BY I/1/90 OR WITHIN 30
DAYS OF COMMENCEMENT OF THE STORAGE ACTIVITY.
■
5
55(d)(1)
CAUSE OR ALLOW THE OPERATION OF A TIRE STORAGE SITE WHICH CONTAINS MORE THAN 50
USED TIRES WITHOUT MEETING THE FOLLOWING REQUIREMENTS BY JANUARY 1 OF EACH
YEAR:
i?
Register the Site with the Agency
ii.?
Certify to the Agency that the Site Complies with any Applicable Standards Adopted by the
Board Pursuant to Section 55.2
iii.
?
Report to the Agency the Number of Tires Accumulated, the Status of Vector Controls, and
the Actions Taken to Handle and Process the Tires
iv.?
Pay the Fee Required under Subsection (b) of Section 55.6
■
6
55(e)
CAUSE OR ALLOW THE STORAGE, DISPOSAL, TREATMENT OR PROCESSING OF ANY USED OR
WASTE TIRE IN VIOLATION OF ANY REGULATION OR STANDARD ADOPTED BY THE BOARD.
Note: Also Mark appropriate Violations of Part 848
El
7
55(f)
ARRANGE FOR THE TRANSPORTATION OF USED OR WASTE TIRES AWAY FROM THE SITE OF
GENERATION WITH A PERSON KNOWN TO OPENLY DUMP SUCH TIRES
■
8 55(g)
ENGAGE IN ANY OPERATION AS A USED OR WASTE TIRE TRANSPORTER EXCEPT IN
COMPLIANCE WITH BOARD REGULATIONS.
Note: Also Mark a Violation of Subpart F
q
9
55(h)
CAUSE OR ALLOW THE COMBUSTION OF ANY USED OR WASTE TIRE IN AN ENCLOSED DEVICE
UNLESS A PERMIT HAS BEEN ISSUED BY THE AGENCY
q
LPC 61- UTU
Tire Storage Site - I
Rev 9/212005
LPC #: 1878080002 - Waften County
Date: 03/11/2008
10
55(i)
CAUSE OR ALLOW THE USE OF PESTICIDES TO TREAT TIRES EXCEPT AS PRESCRIBED BY
BOARD REGULATIONS
Note: Also Mark a Violation of 848.205
■
11
55.6(b)
FAILURE OF THE OWNER OR OPERATOR OF A TIRE STORAGE SITE TO PAY TO THE AGENCY AN
ANNUAL FEE OF $100.00 BY JANUARY
1
OF EACH YEAR.
■
12
55.8(a)
ANY PERSON SELLING TIRES AT RETAIL OR OFFERING TIRES FOR RETAIL SALE IN THIS STATE SHALL:
( I
)
Collect from Retail Customers a Fee of $2.50 Per Tire Sold to be Paid to the Department of Revenue.
III
(2)
Accept for Recycling Used Tires from Customers, at the Point of Transfer, in Quantity Equal to the Number of
New Tires Purchased.
III
(3
)
Post in a Conspicuous Place a Written Notice at Least 8.5 by 11 Inches in Size that Includes the Universal
Recycling Symbol and the Following Statements: "DO NOT put used tires in the trash.", and "State law requires
us to accept used tires for recycling, in exchange for new tires purchased."
■
13
55.8(6)
A PERSON WHO ACCEPTS USED TIRES FOR RECYCLING UNDER 55.8(a) SHALL NOT ALLOW THE
TIRES TO ACCUMULATE FOR PERIODS OF MORE THAN 90 DAYS
@
14
55.9
RETAILERS SHALL COLLECT THE FEE FROM PURCHASER BY ADDING THE FEE TO THE SELLING
PRICE OF THE TIRE. THE FEE IMPOSED SHALL BE STATED AS A DISTINCT ITEM SEPARATE AND
APART FROM THE SELLING PRICE
■
PART 848, SUBPART B: MANAGEMENT STANDARDS
15
848.202(6)
AT SITES AT WHICH
MORE THAN 50
USED OR WASTE TIRES ARE LOCATED THE OWNER OR
OPERATOR SHALL:
(1)
NOT
Place on or Accumulate Any Used or Waste Tire in Any Pile Outside of Any Building Unless the Pile is
Separated from All Other Piles by 25 Feet and Aisle Space Is Maintained To Allow the Unobstructed Movement
of Personnel and Equipment
0
(2)
NOT
Accumulate Any Used or Waste Tire in Any Area Located Outside of Any Building Unless the
Accumulation is Separated from All Buildings, Whether on or off the Site, by 25 Feet
0
(3
)
NOT Place On or Accumulate Any Used or Waste Tire in Any Pile Which is Less than 250 Feet from any
Potential Ignition Source, including Cutting and Welding Devices, and Open Fires unless all such activities are
Carried Out Within A Building
@
(4)
Drain Any Used or Waste Tire on the Day of Generation or Receipt
Ch4
(5
)
NOT
Store Any Used or Waste Tire for More Than 14 Days after Receipt Without Altering, Reprocessing,
Converting, Covering or Otherwise Preventing the Tire from Accumulating Water
0
(7
)
NOT
Accept Any Used or Waste Tire from a Vehicle in Which More than 20 Tires Are Loaded Unless the
Vehicle Displays a Placard Issued by the Agency Under Part 848: Subpart F
■
( 8)
NOT
Accumulate Any Tires in an Area with a Grade Exceeding 2% Without Meeting the Requirements of
848.202(d)(3)
■
16
848.202(c)
IN ADDITION TO THE REQUIREMENTS SET FORTH IN 848.202 (b), THE OWNER OR OPERATOR OF A
SITE AT
WHICH
MORE THAN 500
USED OR WASTE TIRES ARE LOCATED SHALL:
( I )
Maintain a Contingency Plan Which Meets the Requirements of Section 848.203
■
(2)
Meet the Record Keeping and Reporting Requirements of Part 848: Subpart C
Note:
Also Mark a Violation of Subpart C
■
(
3
)
NOT
Place or Accumulate any Used or Waste Tire in Any Pile Less Than 50 Feet From Grass, Weeds, Brush,
?
q
Over-hanging Tree Limbs and Similar Vegetative Growth
(4)
NOT
Place or Accumulate any Used or Waste Tire in Any Tire Storage Unit That is More Than 20 Feet High by
250 Feet Wide by 250 Feet Long(Aisle Space Between Any Piles Within the Unit Shall Be Included in
Determining the Width or Length of the Unit)
■
LPC 61- UTU
?
Tire Storage Site - 2
Rev 921)2005
I PC it: 1878080002 - Warren County
Date: 03/11/2008
(5)
NOT
Place or Accumulate any Used or Waste
Tires
in any Tire Storage Unit Unless they meet:
■
(A) ■?
Tires are separated by a Berm 1.5 times the height of the tire pile
(B) ■?
Separation Requirements of this part.
17
848.202(d)
IN ADDITION TO THE REQUIREMENTS SET FORTH IN 848.202 (b) AND (c), THE OWNER OR OPERATOR
AT
SITES AT WHICH
MORE THAN 10,000
USED OR WASTE TIRES ARE LOCATED SHALL:
(I)
Completely Surround the Site by Fencing in Good Repair Which Is Not less than 6 Feet in Height
■
(2)
Maintain an Entrance to the Area Where Used or Waste Tires are Located, Which is Controlled At all Times by
an Attendant, Locked Entrance, Television Monitors, Controlled Roadway Access or Other Equivalent
Mechanism
■
(3
)
Completely Surround the Area Where Used or Waste Tires Are Stored by an Earthen Berm or Other Structures
Not Less Than 2 Feet in Height Capable of Containing Runoff Resulting from Tire Fires, and
Accessible by Fire Fighting Equipment, Except that the Owner or Operator Shall Provide a Means for Access
through or Over the Berm or Other Structure
■
18
848.203
CONTINGENCY PLAN REQUIREMENTS FOR STORAGE SITES WITH
MORE THAN
500 TIRES
(a)
•
The owner/operator must meet the requirements of Section 848.203
Note? Also Mark a Violation of 848.203(6), (c), (d), (e),
(0, (g), or (h)
■
(b)
The contingency plan must be designed to minimize the hazard to human health and the environment from fires
and run-off of contaminants resulting from fires and from disease spreading mosquitos and other nuisance
organisms which may breed in water accumulations in used or waste tires.
■
(c
)
Immediately implement the contingency plan whenever there is a fire or run-off resulting from a tire fire, or
whenever there is evidence of mosquito production.
■
(d)
The contingency plan must describe the actions that must be taken in response to' fires, run-off resulting from tire
fires and mosquito breeding in used or waste tires.
■
(e)
The contingency plan must include evacuation procedures for site personnel, including signals, evacuation routes
and alternate evacuation routes as well as provisions for pesticide application.
q
(
I
)
The contingency plan must be maintained at the site and submitted to state and local authorities.
■
(g)
The contingency plan must be reviewed and amended within 30 days if the plan fails or the emergency
coordinator changes.
■
(h)
At all times, there must be one employee on site or on call with responsibility for coordinating emergency
response procedures. The emergency coordinator must be familiar with the plan and all aspects of the site, and
have the authority to commit the resources to carry out the plan.
■
STORAGE OF USED AND WASTE TIRES WITHIN BUILDINGS
19
848.204(a)
FAILURE TO MEET THE REQUIREMENTS OF SECTION 848.204
Note: Also Mark a Violation of 848.204(b), (c), or (d)
■
20
848.204(b)
STORAGE OF
LESS THAN
500 TIRES WITHIN A BUILDING ALLOWED IF:
■
(1) ■?
Tires Drained of All Water Prior to Placement in the Building
(2) ■
?
All of the Building=s Windows and Doors Maintained in Working Order and Secured to
Prevent Unauthorized Access.
(3) ■?
The Building Is Maintained So That it Is Fully Enclosed and Has a Roof and Sides Which
Are Impermeable to Precipitation
(4) ■
?
The Storage of Used or Waste Tires Is not in a Single Family Home or a Residential Dwelling
21
848.204(c)
IN ADDITION TO THE REQUIREMENTS SET FORTH IN SECTION 848.204(b), THE OWNER
■
OPERATOR OF A SITE WITH 500
OR MORE
USED OR WASTE TIRES STORED WITHIN BUILDINGS
SHALL:
LPC 61- UTU
?
Tire Storage Site - 3
Rev 9/21/2005
LPC I 878080002 - Warren County
Date: 03/11/2008
(I)
Develop a tire storage plan in consultation with fire officials meeting the requirements of: 848.204 (c)(1)
(A)
q
?
considering the type of building to be used for the tire storage
■
(B) ■?
the plan shall include tire storage arrangement; aisle space; clearance distances between tire
piles and sprinkler deflectors; and access to fire fighting personnel and equipment
(C) ■
?
a copy of the plan shall be filed with the Agency within 60 days and implemented within 14
days of filing with the Agency.
(2)
Have and maintain a contingency plan which meets the requirements of Section 848.203
■
(3)
Meet the record keeping and reporting requirements of Subpart C
Note: Also Mark a Violation of Section 848, Subpart C
■
22 848.204(d)
A
BUILDING THAT STORES
MORE THAN 10,000
USED OR WASTE TIRES, AND WAS
CONSTRUCTED AFTER 5/10/91, FOR THE PRIMARY PURPOSE OF STORING USED OR WASTE
TIRES, SHALL COMPLY WITH THE NFPA 231 D BUILDING STANDARD.
■
PESTICIDE TREATMENT
23 848.205
OWNERS OR OPERATORS OF TIRE STORAGE SITES TREATING USED OR WASTE TIRES WITH PESTICIDES
PURSUANT TO THIS PART OF TITLE XIV OF THE ACT (SHALL):
?
.
(a)
Use a Pesticide Labeled for Control of Mosquito Larvae Unless an
Adult
Mosquito Problem is Identified
■
(b)
Maintain a record of pesticide use at the site which shall include for each application:
■
(1) ■?
Date of Pesticide Application
(2) ■
?
Number of Used or Waste Tires Treated
(3) ■
?
Amount of Pesticide Applied
(4) ■?
Type of Pesticide Used
(c)
Notify the Agency of Pesticide Use Within 10 Days of Each Application. Notification shall include the
information in 848.205(6).
■
24
848.205(d)
Persons Applying Pesticides to Used and Waste Tires Must Comply with the Requirements of the Illinois
Pesticide Act (III. Rev. Stat. 1989, ch. 5, par. 801 et seq.)
■
PART 848: SUBPART
C:
RECORD KEEPING AND REPORTING
Note: Applies
to
Storage Sites with
More
than 500
Used or Waste Tires
25
848.302(a)
The owner/operator shall keep on site a:
•
(I) ■
?
Daily Tire Record
(2) ■
?
Annual Tire Summary
26 848.303(a)
FAILURE TO MAINTAIN A DAILY
TIRE RECORD THAT
INCLUDES:
■
■
?
Day of the Week
■
?
Date
■
?
Agency Site Number
■
?
Site Name and Address
27
848.303(b)
FAILURE TO RECORD IN THE DAILY TIRE RECORD THE FOLLOWING INFORMATION
2
(1) ■?
Weight or volume of used or waste tires received at the site during the operating day
(2) ■?
Weight or volume of used or waste tires transported from the site and the destination of the
tires so transported.
(3)
0?
Total number of used or waste tires remaining in storage at the conclusion of the day.
(4) ■?
Weight or volume of used or waste tires burned or combusted during the day.
28
848.304
FAILURE TO MAINTAIN ON SITE AN ANNUAL TIRE SUMMARY FOR EACH CALENDAR YEAR
THAT INCLUDES:
■
(a)
The site number, name and address and the calendar year for which the summary applies.
■
(b)(1)
The weight or volume of used or waste tires received at the site during the calendar year.
q
(b)(2)
The weight or volume of used or waste tires transported from the site during the calendar year.
■
(b)(3)
The total number of used or waste tires determined in PTE remaining in storage at the conclusion of the calendar
year
q
LPC 61- UTU
?
Tire Storage Site -4
Rev 9/21/2005
LPC #: 1878080002 - Warren County
Date: 03/11/2008
(b)(4)
The weight or volume of used or waste tires combusted during the calendar year.
■
29 848.304(c)
FAILURE TO SUBMIT THE ANNUAL
TIRE SUMMARY BY JANUARY 31 OF EACH YEAR
■
30
848.305
FAILURE TO RETAIN REQUIRED RECORDS ON SITE FOR 3 YEARS
■
PART
848:
SUBPART D: FINANCIAL ASSURANCE
NOTE: Applies to Sites which have Stored 5000 or More Used or Waste Tires
31
848.400(6)(1)
AT
TIRE STORAGE SITES AT WHICH TIRES ARE FIRST STORED ON
OR
AFTER
1/1/92,
FAILURE TO COMPLY WITH SUBPART D PRIOR TO STORING ANY USED OR WASTE TIRES
Note: Also Mark a Violation of 848.401 or
848.404
■
32
848.400(6)(2)
AT
TIRE STORAGE SITES AT WHICH TIRES ARE STORED PRIOR TO
1/1/92, FAILURE TO
COMPLY WITH SUBPART D BY 1/1/92.
Note: Also Mark a Violation of 848.401 or 848.404
■
33
848.401(a)
FAILURE TO MAINTAIN FINANCIAL ASSURANCE EQUAL TO OR GREATER THAN THE CURRENT
COST ESTIMATE CALCULATED PURSUANT TO SECTION 848.404 AT ALL TIMES, EXCEPT AS
OTHERWISE PROVIDED BY 848.401 (b).?
'
■
34
848.401(6)
FAILUJtE TO INCREASE THE TOTAL AMOUNT OF FINANCIAL ASSURANCE SO AS TO EQUAL THE
CURRENT COST ESTIMATE WITHIN 90 DAYS AFTER ANY OF THE FOLLOWING:
■
(1) ■?
an increase in the current cost estimate
(2) ■?
a decrease in the value of a trust fund
(3) ■?
a determination by the Agency that an owner or operator no longer meets the financial test of
Section 848.415
(4) ■?
notification by the owner or operator that the owner or operator intends to substitute
alternative financial assurance, as specified in Section 848.406 for self-insurance
35
848.404(a)(2) BY JANUARY 1 OF EACH YEAR, FAILURE TO SUBMIT A WRITTEN COST ESTIMATE OF THE COST
OF REMOVING ALL TIRES.
■
36
848.404(b)
FAILURE TO REVISE THE COST ESTIMATE WHEN COST ESTIMATES INCREASE.
■
.?
.
?
,?
.
PART
848: SUBPART F:
TIRE TRANSPORTATION REQUIREMENTS
37
848.601(a)
NO PERSON SHALL TRANSPORT MORE THAN 20 USED OR
WASTE TIRES IN A VEHICLE UNLESS
THE FOLLOWING REQUIREMENTS ARE MET:
q
(I) ■?
the owner or operator has registered the vehicle with the Agency in accordance with Subpart
F, received approval of such registration from the Agency, and such registration is current,
valid and in effect
(2) ■?
the owner or operator displays a placard on the vehicle, issued by the Agency following
registration, in accordance with the requirements of Subpart F.
38
848.601(b)
NO PERSON SHALL PROVIDE, DELIVER OR TRANSPORT USED OR WASTE TIRES TO A TIRE
TRANSPORTER FOR TRANSPORT UNLESS THE TRANSPORTER'S VEHICLE DISPLAYS A PLACARD
ISSUED BY THE AGENCY UNDER SUBPART F IDENTIFYING THE TRANSPORTER AS A
REGISTERED TIRE HAULER.
?
-
■
39 848.606(a)
UPON APPROVAL OF A REGISTRATION AS A TIRE TRANSPORTER, THE OWNER OR OPERATOR OF
ANY VEHICLE REGISTERED TO TRANSPORT USED OR WASTE TIRES SHALL PLACE A PLACARD
ON OPPOSITE SIDES OF THE VEHICLES WHICH DISPLAYS A NUMBER ISSUED BY THE AGENCY
FOLLOWING THE WORDS "Registered Tire Transporter: (number)."
■
40
848.606(11)
REGISTERED TIRE TRANSPORTER NUMBERS AND LETTERS SHALL BE REMOVABLE ONLY BY
DESTRUCTION. DIRECTLY ADJACENT TO THE WORDS AND NUMBER, THE VEHICLE OWNER AND
OPERATOR SHALL DISPLAY A SEAL FURNISHED BY THE AGENCY WHICH SHALL DESIGNATE
THE DATE ON WHICH THE REGISTRATION EXPIRES.
■
THE FOLLOWING
VIOLATIONS
MAY
BE CITED WHEN
WASTES, INCLUDING
TIRES, HAVE BEEN DISPOSED AT
A
TIRE
STORAGE SITE
41
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS.
QI
42
9(c)
CAUSE OR ALLOW OPEN BURNING
0
LPC 61- UTU
?
Tire Storage Site - 5
Rev 9121,2005
LPC
#:
1878080002 - Warren County
Date: 03/11/2008
43
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
■
44
12(d)
CREATE A WATER POLLUTION HAZARD
q
45
21(a)
CAUSE OR ALLOW OPEN DUMPING
0
0?
USED TIRES
0
?
OTHER WASTE
46
21(d)(2)
CONDUCT A WASTE STORAGE OPERATION IN VIOLATION OF ANY REGULATIONS OR
STANDARDS ADOPTED BY THE BOARD UNDER THIS ACT.
Note: Also Mark appropriate Violations of Part 848
0
47
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE AT A SITE WHICH DOES NOT MEET THE
REQUIREMENTS OF THIS ACT AND REGULATIONS.
Note: Also Mark appropriate Violations of Part 848
0
48
21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS IN ANY OF THE
FOLLOWING
(I)
Litter
0
(2)
Scavenging
•
(3)
Open Burning
0
(4)
Deposition of Waste in Standing or Flowing Waters
■
(5)
Proliferation of Disease Vectors
■
(6)
Standing or Flowing Liquid Discharge from the Dump Site
q
49
55(a)
NO PERSON SHALL:
(I)
Cause or Allow Open Dumping of Any Used or Waste Tire
0
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
■
(5
)
Abandon, Dump or Dispose of Any Used or Waste Tire on Private or Public Property
0
OTHER REQUIREMENTS
50.
APPARENT VIOLATION OF:?
(•)PCB CASE NUMBER:
■
-?
(
q
) CIRCUIT COURT ORDER ENTERED ON:
0
Informational Notes:
1.
[Illinois] Environmental Protection Act: 415 ILCS 5/1 et seq.
2.
Illinois Pollution Control Board: 35 Ill. Adm. Code, Subtitle G.
3.
Illinois Pollution Control Board: 35111. Adm. Code, Subtitle G, Chapter I, Subchapter m, Part 848.
4.
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 the
references listed in #1, #2, and #3 above.
5.
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.
6.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the [Illinois] Environmental Protection Act:
415
ILCS 514(c) and (d).
7.
Items marked with an "NE" were not evaluated at the time of this inspection .
LPC 61- UTU
?
Tire Storage Site - 6
Rev 9/21/2005
1878080002 -- Warren County
Keister's, Inc.
FOS
Inspection Date: March 11, 2008
Prepared By: Jeb McGhee
Page 1
NARRATIVE
On March 11, 2008 from 1:00 p.m. until 2:30 p.m., I conducted a Tire Storage/Open Dump
Inspection at Keister's, Inc. located at 1348 South Main Street in Monmouth, Illinois. The
facility is a registered tire storage site. The used tire notification form has been submitted and
the annual fee has been paid. I interviewed Tonya Doy representing the facility.
I observed approximately 100 used tires open dumped outside of buildings at the facility. See
photographs 1, 2, 3, 5, 6, 7, 8, and 9. No used tires open dumped outside at the facility were
prevented from accumulating water. Many of the used tires were extremely large and full of ice
and water. See photographs 3 and 9. The amount of water and ice in the extremely large tires
suggest that they have been outside accumulating water for more than fourteen days. See
photograph 9. Photographs 2, 5, 6, and 7 also showed open dumped waste mixed in and around
the used tires.
I also observed evidence of open dumping and burning of waste that included wooden pallets,
furniture, plastics, cardboard boxes, aluminum cans, and miscellaneous debris. The waste
residue of burned material is approximately 30 feet in diameter and 2 feet deep. See photographs
10 and 11. The quantity of residue suggests that burning has been going on for an extended
period of time.
I observed approximately 1,000 used tires stored inside of buildings throughout the facility. No
one individual building appears to contain more the 500 used tires. See photographs 4 and 12
through 16. Many new tires are stored next to used tires.
Ms. Doy was able to produce a contingency plan, daily tire record, and an annual report that is
required of facilities with more than 500 used or waste tires stored within buildings.
Elk Distributing (T8771) removes used tires from the facility by the trailer load when it gets full.
See photograph 1. The trailer was empty. Ms. Doy presented receipts showing that the last
trailer load removed from the site contained 1,395 used tires.
The daily tire record was not accurate. It did not reflect or account for the actual numbers of
used tires located at the facility.
The following apparent violations were observed:
1. Pursuant to Section 9(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(a)), no person shall cause or threaten or allow the discharge or emission of any
contaminant into the environment in any State so as to cause or tend to cause air pollution
in Illinois, either alone or in combination with contaminants from other sources, or so as
to violate regulations or standards adopted by the Board under this Act.
1878080002 -- Warren County
Keister's, Inc.
FOS
Inspection Date: March 11, 2008
Prepared By: Jeb McGhee
Page 2
A violation of Section 9(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(a)) is alleged for the following reason:
Keister's, Inc. caused or allowed the
discharge or emission of contaminants into the environment so as to cause or tend to
cause air pollution in Illinois.
2.
Pursuant to Section 9(c) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(c)), no person shall cause or allow the open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any refuse in any chamber
not specifically designed for the purpose and approved by the Agency pursuant to
regulations adopted by the Board under this Act.
A violation of Section 9(c) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(c)) is alleged for the following reason:
Keister's, Inc. caused. or allowed the open
burning of refuse.
3.
Pursuant to Section 21(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(a)), no person shall cause or allow the open dumping of any waste.
A violation of Section 21(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(a)) is alleged for the following reason:
Keister's, Inc. caused or allowed open
dumping of waste.
4.
Pursuant to Section 21(d)(2) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(2)), no person shall conduct any waste-storage, waste-treatment, or waste-
disposal operation in violation of any regulations or standards adopted by the Board
under this Act.
A violation of Section 21(d)(2) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(2)) is alleged for the following reason:
Keister's, Inc. conducted
a
waste
disposal operation in violation of regulations adopted by the Illinois Pollution
Control Board.
5.
Pursuant to Section 21(e) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(e)), no person shall dispose, treat, store or abandon any waste, or transport any
waste into this State for disposal, treatment, storage or abandonment, except at a site or
facility which meets the requirements of this Act and of regulations and standards
thereunder.
A violation of Section 21(e) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(e)) is alleged for the following reason:
Keister's, Inc. disposed and treated waste
at a site
which
did
not meet the requirements of the Act and Regulations.
1878080002 -- Warren County
Keister's, Inc.
FOS
Inspection Date: March 11, 2008
Prepared By: Jeb McGhee
Page 3
6.
Pursuant to Section 21(p)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(1)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in litter.
The prohibitions specified in this subsection (p) shall be enforceable by the Agency either
by administrative citation under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping.
A violation of Section 21(p)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(1)) is alleged for the following reason:
Keister's, Inc. caused or allowed the
open dumping of waste in a manner which resulted in litter.
7.
Pursuant to Section 21(p)(3) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(3)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in open burning.
A violation of Section 21(p)(3) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(3)) is alleged for the following reason:
Keister's, Inc. caused or allowed the
open dumping of waste in a manner which resulted in open burning.
8.
Pursuant to Section 55(a)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(1)), no person shall cause or allow the open dumping of any used or waste tire.
A violation of Section 55(a)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(1)) is alleged for the following reason:
Keister's, Inc. caused or allowed the
open dumping of used or waste tires.
9.
Pursuant to Section 55(a)(4) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(4)), no person shall cause or allow the operation of a tire storage site except in
compliance with Board Regulations.
A violation of Section 55(a)(4) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(4)) is alleged for the following reason:
Keister's, Inc. is operating a tire storage
site that does not comply with Board Regulations.
10.
Pursuant to Section 55(a)(5) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(5)), no person shall abandon, dump or dispose of any used or waste tire on
private or public property, except in a sanitary landfill approved by the Agency pursuant
to regulations adopted by the Board.
A violation of Section 55(a)(5) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(5)) is alleged for the following reason:
Keister's, Inc. is dumping and/or
disposing of used or waste tires on private property.
1878080002 -- Warren County
Keister's, Inc.
FOS
Inspection Date: March 11, 2008
Prepared By: Jeb McGhee
Page 4
11.
Pursuant to Section 55(e) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(e)), no person shall cause or allow the storage, disposal, treatment or processing of
any used or waste tire in violation of any regulation or standard adopted by the Board.
A violation of Section 55(e) of the {Illinois) Environmental Protection Act (415 ILCS
5/55(e)) is alleged for the following reason:
Keister's, Inc. is storing used or waste tires
in violation of regulations adopted by the Board.
12.
Pursuant to Section 55.8(b) of the {Illinois} Environmental Protection Act (415 ILCS
5/55.8(b)), a person who accepts used tires for recycling under 55.8(a) shall not allow the
tires to accumulate for periods of more than 90 days.
A violation of Section 55.8(b) of the {Illinois} Environmental Protection Act (415 ILCS
5/55.8(b)) is alleged for the following reason:
Keister's, Inc. allowed used tires to
accumulate for a period of more than 90 days.
13.
Pursuant to Pursuant to 35 Ill. Adm. Code 815.201, all landfills regulated under this Part
shall file an initial facility report with the Agency as specified in this Subpart to provide
information concerning location and disposal practices of the facility.
A violation'of 35 Ill. Adm. Code 815.201 is alleged for the following reason:
Keister's,
Inc. failed to file an initial facility report for the on site disposal of waste.
14.
Pursuant to 35 Ill. Adm. Code 848.202(b)(1), used or waste tires in piles shall be
separated from all other piles by 25 feet and aisle space is maintained to allow
unobstructed movement of personnel and equipment.
A violation of 35 Ill. Adm. Code 848.202(b)(1) is alleged for the following reason:
Keister's, Inc. is
-
not separating piles of used or waste tires from other piles by 25
feet nor maintaining aisle space free of obstructions.
15.
Pursuant to 35 Ill. Adm. Code 848.202(b)(2), accumulations of used or waste tires
located outside of any building shall be separated from all buildings, whether on or off
site, by 25 feet.
A violation of 35 Ill. Adm. Code 848.202(b)(2) is alleged for the following reason:
Keister's, Inc. is not separating accumulations of used or waste tires 25 feet from
buildings on or off site.
16.
Pursuant to 35 Ill. Adm. Code 848.202(b)(3), accumulations of used or waste tires in any
pile shall be separated from all potential ignition sources, including cutting and welding
devices, and open fires by not less than 250 feet or all such activities are carried out
within a building.
1878080002 -- Warren County
Keister's, Inc.
FOS
Inspection Date: March 11, 2008
Prepared By: Jeb McGhee
Page 5
A violation of 35 Ill. Adm. Code 848.202(b)(3) is alleged for the following reason:
Keister's, Inc. is not separating accumulations of used or waste tires 250 feet
potential ignition sources on or off site.
17.
Pursuant to 35 111. Adm. Code 848.202(b)(4), used or waste tires shall be drained of water
on the day of generation or receipt.
A violation of 35 III. Adm. Code 848.202(b)(4) is alleged for the following reason:
Keister's, Inc. is not draining used or waste tires of water on the day of generation
or receipt.
18.
Pursuant to 35 Ill. Adm. Code 848.202(b)(5), used or waste tires received at the site shall
not be stored unless within 14 days after the receipt of any used tire the used tire is
altered, reprocessed, converted, covered or otherwise prevented from accumulating
water. All used and waste tires received at the site before June 1, 1989, shall be altered,
reprocessed, converted, covered, or otherwise prevented from accumulating water by
January 1, 1992.
A violation of 35 111. Adm. Code 848.202(b)(5) is alleged for the following reason:
Keister's, Inc. is not altering, reprocessing, converting, covering or otherwise
preventing used or waste tires from accumulating water within 14 days of receipt.
19.
Pursuant to 35 111. Adm. Code 848.303(b)(3), the owner or operator of a site at which
more than 500 used or waste tires are located shall record in the Daily Tire Record the
following information relative to used and waste tires: The total number of used or waste
tires remaining in storage at the conclusion of the operating business day determined in
terms of the passenger tire equivalent (PTE) in accordance with subsection (c).
A violation of 35 Ill. Adm. Code 848.303(b)(3) is alleged for the following reason:
Keister's, Inc. did not have recorded in the daily tire record on site the total number
of used or waste tires remaining in storage at the conclusion of the operating
business day determined in terms of the passenger tire equivalent (PTE) in
accordance with subsection (c).
New
Office
P6 ,A
< PI3
P15
/1\?
PI4
P12
P16
PS
P8 <
Warehouse
P4
PI
State of Illinois Environmental Protection Agency Site Sketch
t
N
Inspector:
Jeb McGhee
LPC #:
1878080002
Date of Inspection:
March 11, 2008
County:
Warren
Site Name:
Keister's, Inc.
Time:
1:00 p.m. — 2:00 p.m.
Old Office
Warehouse
Warehouse
P7
PI/
Not to Scale
\lith
P3 P2
O
DATE: March 11,2008
TIME: 1:07 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the South
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE NAME:
1878080002-03112008-001jpg
COMMENTS: Elk Distributing (T8771)
registered transport trailer. It is empty.
1878080002 - Warren County
Keister's, Inc.
FOS
Site Photographs
Page 1 of 8
DATE: March 11,2008
TIME: 1:07 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the Southwest
PHOTOGRAPH NUMBER: 2
PHOTOGRAPH FILE NAME:
1878080002-03112008-002jpg
COMMENTS: Used tires and waste
open dumped outside of buildings. The
used tires were not prevented from
accumulating water.
DOCUMENT FILE NAME:
1878080002-03112008.doc
1878080002 - Warren County
Keister's, Inc.
FOS
Site Photographs
Page 2 of 8
DOCUMENT FILE NAME:
1878080002-03112008.doc
DATE: March 11,2008
TIME: 1:08 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the South
PHOTOGRAPH NUMBER: 3
PHOTOGRAPH FILE NAME:
1878080002-03112008-003 jpg
COMMENTS: This large tire is full of
water (ice).
DATE: March 11,2008
TIME: 1:10 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the North
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE NAME:
1878080002-03112008-004 jpg
COMMENTS: Approximately 40 % of
these large farm tractor tires are used.
1878080002 - Warren County
Keister's, Inc.
FOS
Site Photographs
Page 3 of 8
DOCUMENT FILE NAME:
1878080002-03112008.doe
DATE: March 11,2008
TIME: 1:11 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the West
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
1878080002-03112008-005.jpg
COMMENTS: Used tires open dumped
outside of buildings and not prevented
from accumulating water.
DATE: March 11,2008
TIME: 1:12 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the Southeast
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE NAME:
1878080002-03112008-006jpg
COMMENTS: Used tires and waste
open dumped outside of buildings. The
used tires were not prevented from
accumulating water.
1878080002 - Warren County
Keister's, Inc.
FOS
Site Photographs
Page 4 of 8
DOCUMENT FILE NAME:
1878080002-03112008.doc
DATE: March 11,2008
TIME: 1:14 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the Northeast
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
1878080002-03112008-007.jpg
COMMENTS: Used tires and waste
open dumped outside of buildings. The
used tires were not prevented from
accumulating water.
DATE: March 11,2008
TIME: 1:14 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the West
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
1878080002-03112008-008.jpg
COMMENTS: Used tires open dumped
outside of buildings and not prevented
from accumulating water.
DATE: March 11, 2008
TIME: 1:14 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the South
PHOTOGRAPH NUMBER: 9
PHOTOGRAPH FILE NAME:
1878080002-03112008-009.jpg
COMMENTS: The large usedtires seen
in photograph 8 are full of water (ice) as
they are not prevented from accumulating
water.
1878080002 - Warren County
Keister's, Inc.
FOS
Site Photographs
Page 5 of 8
DATE: March 11, 2008
TIME:
1:17
um.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the Southwest
PHOTOGRAPH NUMBER: 10
PHOTOGRAPH FILE NAME:
1878080002-03112008-010.jpg
COMMENTS:
A 30
foot in diameter
burn pile with furniture, metal cans, wood
pallets, card board, plastic material and
countless metal nails and scraps.
DOCUMENT FILE NAME:
1878080002-03112008.doc
1878080002 - Warren County
Keister's, Inc.
FOS
Site Photographs
Page 6 of 8
DOCUMENT FILE NAME:
1878080002-03112008.doc
DATE: March 11,2008
TIME: 1:17 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the North
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
1878080002-03112008-011 jpg
COMMENTS:
A 30 foot in diameter
burn pile with furniture, metal cans, wood
pallets, card board, plastic material and
countless metal nails and scraps.
DATE: March 11,2008
TIME: 1:26 um.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the South
PHOTOGRAPH NUMBER: 12
PHOTOGRAPH FILE NAME:
1878080002-03112008-012 jpg
COMMENTS: Used tires stored inside.
DATE: March 11, 2008
TIME: 1:26 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the Southeast
PHOTOGRAPH NUMBER: 13
PHOTOGRAPH FILE NAME:
1878080002-03112008-013 jpg
COMMENTS: Used tires stored inside.
1878080002 - Warren County
Keister's, Inc.
FOS
Site Photographs
Page 7 of 8
DATE: March 11, 2008
TIME: 1:26 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the Northeast
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH FILE NAME:
1878080002-03112008-014 jpg
COMMENTS: Used tires stored inside.
DOCUMENT FILE NAME:
1878080002-03112008.doc
DATE: March 11, 2008
TIME: 1:27 ant
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the West
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE NAME:
1878080002-03112008-016.jpg
COMMENTS: Used tires stored inside
along the wall go down the approximately
100 feet to the end of the building.
New tires fill the rest of the building.
1878080002 - Warren County
Keister's, Inc.
FOS
Site Photographs
Page 8 of 8
DATE: March 11, 2008
TIME: 1:26 a.m.
PHOTOGRAPHED BY:
Jeb McGhee
DIRECTION: Photograph taken toward
the North
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE NAME:
1878080002-03112008-015jpg
COMMENTS: Used tires stored inside.
DOCUMENT FILE NAME:
1878080002-03112008.doc
PROOF OF SERVICE
I hereby certify that I did on the 1st day of May 2008, 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:
?
Keister's, Inc.
do Tonia M. Doy, Registered Agent
1348 South Main Street
P.O. Box 826
Monmouth,•Illinois 61462
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:
?
John Therriault
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Miche le M. Ryan
Assistant Counsel
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
