BEFORE THE
ILLINOIS
UUiA[L
POLLUTION
CONTROL
BOARD
(T
jZ
ADMiNISTRATIVE
CITATION
C
:‘
°oo
ILLINOIS
ENVIRONMENTAL
)
p0
Oi
ILLipq
0
j
PROTECTION
AGENCY,
)
°n
S
)
°ard
Complainant,
)
AC
0
I
()
)
v.
)
(IEPA
No. 432-02-AC)
)
BOBBY
KELLER,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Bobby Keller
3931
Route 66
Mount Olive,
Illinois 62069
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.
Respectfull
submi,ted,
/
Christopher
P.
r an
Special
sistant
tto
y
General
Illinois
Environmental Protection
Agency
1021 North
Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)
782-5544
Dated:
October
2, 2002
THIS
FILING SUBMITFED
ON RECYCLED
PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
0
3
0
v.
)
(IEPA
No.
432-02-AC)
)
BOBBY
KELLER,
)
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
(2000).
FACTS
1.
That
Bobby
Keller
(“Respondent”)
is
the
present
operator
of
a facility
located
at
3931
Route
66, Mount
Olive,
Macoupin
County,
Illinois.
The
property
is commonly
known
to the
Illinois
Environmental Protection
Agency
as
Mount
Olive/Keller.
2.
That said
facility
is
an
open dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is designated
with
Site Code
No.
1178135006.
3.
That
Respondent
has
owned
and
operated
said
facility
at all times
pertinent
hereto.
4.
On
August
28,
2002 Illinois
EPA
Springfield
Regional
Office
inspector
William
Zierath
conducted
an
inspection
of the above-referenced
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
William
Zierath
during
the
course
of his
August
28,
2002
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
512
1(p)(l)
(2000).
(2)
That Respondent
caused
or
allowed
the
open dumping
of waste
in
a manner
resulting
in
open
burning,
a violation
of Section
21(p)(3)
of the Act,
415
ILCS
5/21
(p)(3)
(2000).
(3)
That
Respondent
caused
or
allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
deposition
of
general
construction
or
demolition
debris
or
clean
construction
or demolition
debris,
a
violation
of
Section
21(p)(7)
of the
Act,
415
ILCS
5/21
(p)(7) (2000).
CIVIL
PENALTY
Pursuant
to
Section
42(b)(4-5)
of the Act,
415
ILCS
5/42(b)(4-5)
(2000),
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
Four
Thousand
Five
Hundred
Dollars
($4,500.00).
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
December 20, 2002,
unless
otherwise
provided
by
order of
the Illinois
Pollution
Control
Board.
2
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(2000),
and
if the
Illinois
Pollution
Control Board
issues
a
finding
of
violation
as alleged
herein,
after an adjudicatory
hearing,
Respondent
shall
be
assessed
the
associated
hearing
costs
incurred
by
the Illinois
Environmental
Protection
Agency
and
the Illinois
Pollution Control
Board.
Those
hearing
costs shall
be
assessed
in
addition
to the
One Thousand
Five Hundred
Dollar
($1,500.00)
statutory
civil
penalty
for
each
violation.
Pursuant
to
Section
31.1
(d)(l)
of the
Act, 415
ILCS
5/31.1
(d)(1)
(2000), if
Respondent
fails
to petition
orelects
notto
petition the
Illinois Pollution
Control Board
forreviewofthisAdministrative
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
(2000).
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.
Date:
10/02/02
Renee
Cipriano,
Director
Illinois
Environmental
Protection
Agency
Prepared
by:
Christopher
P.
Perzan,
Assistant
Counsel
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,
)
AC
C
‘0
v.
)
(IEPA
No.
432-02-AC)
)
Bobby
Keller,
)
Respondent.
)
FACILITY:
Mount
Olive/Keller
SITE
CODE
NO.:
1178135006
COUNTY:
Macoupin
CIVIL
PENALTY:
$4,500.00
DATE
OF
INSPECTION:
August
28,
2002
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
signthis
Remittance
Form.
Be
sure
your
check
is
enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmental
Protection
Agency,
Attn.:
Fiscal
Services,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276.
5
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
AFFIDAVIT
IN THE
MATTER
OF:
)
CQiD
Illinois
Environmental
)
Protection
Agency
)
)
vs.
)
)
JEPA
DOCKET
NO.
)
Bobby
Keller
)
)
Respondent.
)
Affiant,
William
E. Zierath,
being
first duly
sworn,
voluntarily
deposes and
states as
follows:
1. Affiant
is a
field inspector
employed
by
the Division
of Land
Pollution
Control
of the
Illinois Environmental
Protection
Agency
and has
been so employed
at all
times
pertinent
hereto.
2.
On
August
28,
2002
between
3:20
PM
and 3:35
PM, Affiant
conducted
an inspection
of a disposal
site
in
Macoupin
County, Illinois,
known
as Mt.
Olive/Keller,
Illinois
Environmental
Protection
Agency
site
number
LPC#
1178135006.
3.
Affiant
inspected
said Mt.
Olive/Keller
disposal
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
attached hereto
and
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 Mt.
Olive/Keller
disposal
site.
William/
. Zierath
Subscribed
and
Sworn
To before
me
This
.Tday
ci,-)
S
‘(.
POWELL
NOAP
PLJELJC
SThTE OF
LLNOS
Exr
iarch
16,
2004
ILLINO5
NVlRON
MENTAL
PROTECTION
AGENCY
Open
Dump
Inspection
Checklist
County:
Macoupin
LPC#:
Location/Site
Name:
Mount
Olive/Keller
Date:
08/28/2002
Time:
From
15:20
Inspector(s):
William
Zierath
No.
of
Photos
Taken:
#
2
Interviewed:
Bobby
Keller
3931
Route
66
MOUNT
OLIVE,
IL
62069
217-999-2822
1178135006
Region:
5-Springfield
To
15:35
Previous
Inspection
Date:
08/09/2002
Weather:
Sunny,
8SF
yds
3
Samples
Taken:
Yes
#
Complaint
#:
C-02-1
13-C
Est.
Amt.
of
Waste:
30
Responsible
Party
Mailing
Address(es)
and
Phone
Number(s):
r
-
ctDIJC
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN
OR
ALLOW
AIR
POLLUTION
IN
ILLINOIS
2.
9(c)
CAUSE
OR
ALLOW
OPEN
BURNING
3.
12(a)
CAUSE,
THREATEN
OR
ALLOW
WATER
POLLUTION
IN
ILLINOIS
4.
12(d)
CREATE
A
WATER
POLLUTION
HAZARD
5.
21(a)
CAUSE
OR
ALLOW
OPEN
DUMPING
CON
DUCT
ANY
WASTE-STORAGE,
WASTE-TREATMENT,
OR
WASTE-
DISPOSAL
6.
21(d)
OPERATION:
(1)
Without
a
Permit
(2)
In
Violation
of
Any
Regulations
or
Standards
Adopted
by
the
Board
DISPOSE,
TREAT,
STORE,
OR
ABANDON
ANY
WASTE,
OR
TRANSPORT
ANY
7.
21(e)
WASTE
INTO
THE
STATE
AT/TO
SITES
NOT
MEETING
REQUIREMENTS
OF
ACT
CAUSE
OR
ALLOW
THE
OPEN
DUMPING
OF
ANY
WASTE
IN
A
MANNER
WHICH
RESULTS
8.
21(p)
IN
ANY
OF
THE
FOLLOWING
OCCURRENCES
AT
THE
DUMP
SITE:
(1)
Litter
(2)
Scavenging
fl
(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
Revised
06/18/2001
(Open
Dump
-
1)
LPC
#
Inspection
Date:
Deposition
of
General
Construction
or
Demolition
Debris;
or
Clean
Construction
or
(7)
flmnIitinn
Dhris
9.
55(a)
NO
PERSON
SHALL:
(1)
Cause
or
Allow
Open
Dumping
of
Any
Used
or
Waste
Tire
IZ
(2)
Cause
or
Allow
Open
Burning
of
Any
Used
or
Waste
Tire
35
ILLINOIS
ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
FAILURE
TO
SUBMIT
AN
APPLICATION
FOR
A
PERMIT
TO
DEVELOP
AND
10.
812.101(a)
OPERATEALANDFILL
11.
722.111
HAZARDOUS
WASTE
DETERMINATION
E
12.
808.121
SPECIAL
WASTE
DETERMINATION
E
ACCEPTANCE
OF
SPECIAL
WASTE
FROM
A
WASTE
TRANSPORTER
WITHOUT
A
WASTE
HAULING
PERMIT,
UNIFORM
WASTE
PROGRAM
REGISTRATION
AND
El
13.
809.302(a)
PERMIT
AND/OR
MANIFEST
OTHER
REQUIREMENTS
APPARENT
VIOLATION
OF:
(fl)
PCB;
(LI)
CIRCUIT
COURT
14.
CASENUMBER:
ORDERENTEREDON:
15.
OTHER:
El
El
El
El
El
LI
/7/-I
f-v’
4i
-v
-
/
Signature
of
Inspector(s)
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
06/18/2001
(Open
Dump
-
2)
ILLINOIS
ENvIRONMENTAL
PROTECTION AGENCY
45O5u
S\H
S
IrRU.\)
S\C
l
‘,s
(2Tüh
RI \FE
Ci’RI
DIIE
2
-6-6892 • FA 21 ()-()
MEMORANDUM
Date:
August
28, 2002
To:
BOL
File
From:
William
F. Zierath,
BOL/FOS
- Springfield
Region
Subject:
LPC#
1178135006
— Macoupin
County
Mt. Olive/Keller
Complaint
C-02-1
13-C
FOS
File
A complaint
follow up
investigation
was
conducted
on August
28,
2002,
at this
residential
property
southwest
of
Mt.
Olive.
No
one
else
was at
the site during
this
investigation.
The weather
was
sunny and
85°F.
Previous
investigations were
conducted
at
this site on
July
16, 2002 and
August
9,
2002.
These previous
investigations
revealed
piles of
demolition
waste
at this
site.
During the morning
of August 28,
2002,
an inspector in
the BOL/FOS —
Collinsville
Regional Office,
called Jan Mier,
BOL/FOS
— Springfield
Regional
Office, and said
that
Mr. Keller
was burning
the demolition
waste. An
anonymous
complainant
also called
over
the
noon hour
on
that
day to inquire
about whether
we
had actually
been told that
this
waste
was
on
fire.
-
I arrived at
the site
at approximately
2:25
PM. The previously
observed
pile of
demolition
waste
was actively
burning. Flames
and a large
amount of smoke
were
observed.
The
demolition
waste
pile is
shown in
photographs
1178 135006—08282002-
001 and 1 178 135006—08282002-002.
Wastes still distinguishable
in
the burning pile
included shingles,
siding and wood.
I drove to the residence
at the site and
knocked repeatedly.
There was no
answer
at the
door.
cc:
BOL/FOS
— Springfield Regional
File
GEORGE
H. RAN, GovERNOR
PRI\1
[0
()\
R[(
N
(LED
P\0
k
Mt.
O)ive
1
Ke!ier
Complaint
C-02-113-C
August
28,
2002
Not
to
Scale
=
Direction
of
Photograph
Wolf
Road
Demolition
Waste
(on Fire)
Siding
Residence
Old
Route
66
LPC#
1178135006—Macoupin
County
Mt.
Olive/Keller
FOS
File
DATE:
August
28,
2002
TIME:
2:25
PM
DIRECTION: South
PHOTO
by:
William
Zierath
PHOTO
FILE
NAME:
11781
35006’—08282002-001
COMMENTS:
DATE:
August
28,
2002
TIME:
2:25 PM
DIRECTION: South
PHOTO
by:
William
Zierath
PHOTO
FILE
NAME:
1
178
135006--08282002-002
COMMENTS:
DIGITAL
PHOTOGRAPH
PHOTOCOPIES
PROOF
OF
SERVICE
I hereby
certify
that
I did on
the
2ncl
day
of
October,
2002,
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:
Bobby
Keller
3931
Route
66
Mount
Olive,
Illinois
62069
and
the original
and
nine
(9) true
and
correct
copies
of the
same
foregoing
instruments
on the
same
date
by Certified
Mail
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
Special
Assistant
Attorney
General
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
0
1021 NoRTH
GRAND AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276
RENEE
CIPRIAN0,
DIREcToR
(217)
782-9817
TDD: (217)
782-9143
CLR<’
:rr
S1TE
OF
IWNOIS
October
2, 2002
Pollution
Control
Board
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.
Bobby
Keller
JEPA File No. 432-02-AC;
1178
135006—Macoupin
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.
GEoRGE H. RYAN,
GovERNoR
4c-
03-IC)
Enclosures
PRINTED ON
RECYO FD PAPFR
