ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021 NORTH GRAND
AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276
-
JAMES R. THOMPSON CENTER,
100 WEST
RANDOLPH, SUITE 11-300,
CHIcAGo, IL
60601 - (312) 814-6026
2
DOUGLAS
P. Scorr, DIRECTOR
FEB
2
1
2009
Pollution
STATE
OF
Control
ILLINOIS
Board
(217)782-9817
TDD:
(217)
782-9143
February
24, 2009
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. Info
Corner Materials,
Inc.
IEPA
File No.15-09-AC:
1 678220075—Sangamon
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,
Miche eM.Ryan
Assistant Counsel
Enclosures
ROCKF0RD
—4302
North
Main Street, Rockford, IL 61103
— (815) 987-7760
.
Dts
PLAINE5 — 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
LAN0-
PEORIA
— 7620
N. University
St.,
Peoria, IL 61614
— (309)
693-5462
.
CHAMPAIGN
— 2125 South First Street,
Champaign,
IL 61820 — (217)
278-5800
C0LLINSvILLE
— 2009 MaIl
Street,
Collinsville,
IL 62234 —(618) 346-5120
MARION
—2309W.
Main
St.,
Suite 116,
Marion, IL 62959 —(618) 993-7200
PRINTE0 ON REcYcLE0 PAPER
CLERK’S
OFFICE
BEFORE
THE ILLINOIS
POLLUTION
CONTROL BOARD
7
9
9
ADMINISTRATIVE
CITATION
STATE
OF
ILUNOIS
Pollution
Contro
Board
ILLINOIS
ENVRONMENTAL
PROTECTION AGENCY,
)
Complainant,
)
AC
&
)
v.
)
(IEPAN0. 15-09-AC)
)
INFO
CORNER
MATERIALS,
iNC.,
)
)
Respondent.
)
NOTICE OF
FILING
To:
Info Corner Materials,
Inc.
Delmar Donley, Registered
Agent
P.O.
Box 258
6750 Donley
Lane
Sherman,
IL
62684-025 8
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,
I
Assistant
Counsel
Illinois
Environmental
Protection
Agency
1021 North
Grand Avenue
East
P.O. Box
19276
Springfield,
Illinois 62794-9276
(217)
782-5544
Dated:
February 24,
2009
THIS
FILING
SUBMITTED
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
gqEcEVED
ADMINISTRATIVE
CITATION
CLERK’S
OFFICE
FEB
272009
ILLINOIS ENVIRONMENTAL
)
STATE
OF
ILLINOIS
PROTECTION AGENCY,
)
Pollution
Control
Board
Complainant,
)
AC
0
9
-“9
V.
)
(IEPANo.
15-09-AC)
)
INFO CORNER MATERIALS, INC.,
)
)
)
)
)
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 Info Corner Materials, Inc.
is
the current
operator (“Respondent”) of
a facility
located on Bachmann Drive, just north of the junction of
North
Dirksen
Parkwayand Peoria
Road, in
Springfield
Township,
Sangamon County, Illinois. The property is
commonly known to the
Illinois
Environmental Protection Agency
as Springfield Township/Info Corner Materials,
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. 1678220075.
3.
That Respondent has operated
said
facility
at all times pertinent hereto.
4.
That on January
9,
2009,
Richard C. Johnson of the Illinois Environmental
Protection
Agency’s
(“Illinois EPA”)
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.
1
5.
That
on
-
-/-O7,
Illinois
EPA sent
this
Administrative
Citation
via
Certified
Mail No.
“7007
3O2-O
UeX)2..
3(4
3107.
7rz]
3o-
o’ô
3-i
3o9i
VIOLATIONS
Based
upon
direct observations
made by
Richard
C.
Johnson
during
the
course
of
his
January
9, 2009
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
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)
(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,
fora 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
ArriI
15,
2009,
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
2
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)(1) of the Act,
415 ILCS
5/31.1
(d)(1) (2006), if
Respondent fails
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,
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.
Lie
/f)
,
\
Date:
2fzL1
DouP. Scott,
Dictor
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
REMITTANCE
FORM
fEE’
2
7
2Uq
ILLINOIS
ENVIRONMENTAL
)
J-LJNOis
PROTECTION
AGENCY,
)
8
oard
Complainant,
)
Ad
)
V.
))
(IEPA
No. 15-09-AC)
INFO
CORNER
MATERIALS,
INC.
)
Respondent.
FACILITY:
Springfield
Township/Info
Corner
Materials,
Inc.
SITE
CODE
NO.: 1678220075
COUNTY:
Sangamon
CIVIL
PENALlY:
$3,000.00
DATE
OF
INSPECTION:
January
9, 2009
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
Seivices,
P.O.
Box
19276, Springfield,
Illinois
62794-9276.
5
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
AFFIDAVIT
IN THE MATTER OF:
)
CLERK’S
OFFiCE
Illinois Environmental
)
Protection Agency
)
vs.
)
IEPA DOCKET NO.
)
-AC
Info
Corner Materials, Inc.,
)
and
)
Leroy & Mary Jane Donley,
)
)
Respondents
)
Affiant, Richard
C.
Johnson, 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 January 9,
2009
between
1:34 PM and 2:28 PM, Affiant conducted an
inspection
of a disposal site operated without an
Illinois Environmental Protection Agency
permit,
located in Sangamon County,
Illinois, and known
as
Springfield
Township/Info Corner
Materials,
Inc.
by
the Illinois Environmental Protection Agency.
Said site has been
assigned site code number LPC#
1678220075
by
the Illinois Environmental
Protection
Agency.
3.
Affiant inspected
said Springfield Township/Info Corner Materials, 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 Springfield
Township/Info Corner
Materials,
Inc.
;on
Subscribed
and Sworn To before me
This
Notary
Public
SEAL
NOTARY
CHARLENE
PUBLIC
-
STATEK.
POWELL
OF
ILLINOIS
EXPIRES
MARc
2012
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open
Dump
Inspection
Checklist
County:
Sangamon
LPC#:
Region:
5
-
Springfield
Location/Site
Name:
Springfield
Township/Info Corner
Materials,
Inc.
Date:
01/09/2009
Time:
From
1:34
pm
To
2:28
pm
Previous
Inspection
Date:
Inspector(s):
Rich
Johnson
Weather:
@
40
degrees F,
partly
cloudy,
wet
soil
No.
of
Photos Taken: #
39
Est.
Amt.
of
Waste:
1800
yds
3
Samples
Taken:
Yes
#
No
LI
Interviewed:
Complaint
#:
C-09-073-C
Responsible
Party
Mailing
Address(es)
and
Phone
Number(s):
Info
Corner Materials,
Inc.
Mr.
Leroy
&
Mary
Attn:
Mr.
Delmar Donley, President
Illinois
National
Bank
OFFICE
P.O.
Box
258,
6750
Donley
Lane
13-05683-00
FEB
2
1
2009
Sherman,
IL
62684-0258
4530
E
County
Sr-r
OF
ILLINOIS
Yuma,
AZ
853654ution
Control
Boar(
SECTION
DESCRIPTION
[
VIOL
{_____
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN
OR
ALLOW
AIR
POLLUTION
IN
ILLINOIS
LI
2.
9(c)
CAUSE
OR
ALLOW
OPEN
BURNING
LI
3.
12(a)
CAUSE,
THREATEN
OR
ALLOW
WATER
POLLUTION
IN
ILLINOIS
LI
4.
12(d)
CREATE
A
WATER
POLLUTION
HAZARD
LI
5.
21(a)
CAUSE
OR
ALLOW
OPEN
DUMPING
CONDUCT
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
WASTE
INTO
THE
STATE
ATITO
SITES
NOT
MEETING
REQUIREMENTS
OF
ACT
7.
21(e)
AND
REGULATIONS
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
LI
(3)
Open
Burning
LI
(4)
Deposition
of
Waste
in
Standing
or
Flowing
Waters
LI
(5)
Proliferation
of
Disease
Vectors
LI
(6)
Standing
or
Flowing
Liquid
Discharge
from
the
Dump
Site
LI
1678220075
Revised 06/18/2001
(Open
Dump
-
1)
LPC#
1678220075
Inspection
Date:
01/09/2009
Deposition
of:
(i) General Construction
or Demolition
Debris
as defined in Section
(7)
3.160(a);
or (ii)
Clean Construction or Demolition Debris as
defined
in Section 3.160(b)
9.
55(a)
NO PERSON SHALL:
(1)
Cause
or Allow
Open Dumping of Any
Used or
Waste Tire
LI
(2)
Cause or
Allow
Open Burning of Any
Used
or
Waste
Tire
LI
(3)
Cause
or Allow
Water to Accumulate in Used Tires
LI
35
ILLINOIS ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE G
—
FAILURE TO SUBMIT AN APPLICATION FOR
A
PERMIT TO DEVELOP AND
10.
812.101
(a)
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
.
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT
A WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
13.
809.302(a)
PERMIT ANDIOR MANIFEST
—__________________
OTHERREQUIREMENTS
14.
APPARENT
CASE_NUMBER:
VIOLATION OF:
(LI)
PCB;
ORDER_ENTERED
(LI)
CIRCUIT COURT
ON:
LI
15.
OTHER:
LI
LI
LI
LI
-
LI
LI
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)
Narrative
LPC
#1678220075
— Sangamon
County
Facility
Name:
Springfield
Township/Info
Corner Materials,
Inc.
Date
of
Inspection:
January
9, 2009
Prepared
by: Rich
Johnson,
DLPC/FOS,
Springfield
Region
I conducted
a
complaint
investigation
of the
above-reference
property
on
January
9,
2009.
No
one
was met or
encountered
at
the
site
during the
inspection.
The
Illinois Environmental
Protection
Agency’s
(Illinois EPA)
Springfield
Region Office
received
an
anonymous
complaint
on
December
30, 2008
alleging
that several
loads
of
ground
glass
were transported
to the above-referenced
site
and
disposed
at the
northeast
region.
Background
Information
Info Corner
Materials
is located
on
Bachmann
Drive
just
north of the
junction
of N.
Dirksen
Parkway
and
Peoria Road.
The
property
is east of Peoria
Road (Business
55)
and
south
of
Sand Hill
Road. A railroad
track
and
an
un-named
tributary
to
Sangamon
River
border
the
site’s
eastern
boundary.
To the south
are
a
few
residences
along with
undeveloped
areas. No
gate restricted
site
access
off
Bachniann
Drive.
Mr.
Allen
Alexander
of the
Sangamon
County Department
of
Public Health
(SCDPH)
researched
County
records
for
information
on
the site. Attachment
1
includes
county
assessment
records
with the
parcel numbers
and
the name
and
mailing
addresses for
who
receives
the property’s
tax
bills.
It
was
noted that
of the
5 or 6 parcels
that comprise
the
property,
Info
Corner Materials,
Inc.
is identified
as the
owner on 4
of
them,
while
Leroy
and
Mary
Jane Donley,
Trustees,
are shown
as the owners
on one.
I
went
to the
Illinois
Secretary
of
State’s website
to review
its
Corporation
File
Detail
Report
to find
out if
Info Corner
Materials,
Inc:was
a
corporation
and whether
it
was
still active.
Attachment
2
is copy
of the of
this report
showing that
Info Corner
Materials,
Inc.
does exist
as a
corporation,
and
that Mr. Delmar
Donley
is the president
and
agent.
Attachment
3 has
2
maps of
the
site
in
which the
parcels’ boundaries
and
parcel numbers
are shown.
Prior to
this
investigation,
inspectors
for
the Sangamon
County
Department
of Public
Health
had conducted
investigations
of
the site in
1994 and
1995 as part
of
a
delegation
agreement
with
the Illinois
Environmental
Protection
Agency
(Illinois
EPA).
Based
on
SCDPH’s
inspections,
the operator
of the site
at the time
(Donley,
Inc.)
received an
Administrative
Citation
pursuant
to
31.1 of
the Illinois
Environmental
Protection
Act (the
Act).
Delmar
Donley testified
for Donley,
Inc.
at the Illinois
Pollution
Control
Board
hearing
for the
AC.
The Illinois
Pollution
Control
Board
found
Donley,
Inc.
violated
Sections
21(p)(l)
and
21(p)(3) of
the
Act for open
dumping
and open
burning
solid
waste.
Mr.
Donley’ s
testimony
indicated
the site
was used
as a storage
yard.
1
Inspection Conducted January
9, 2009
I arrived
at the site at
1:34
pm on January
9,
2009. The temperature was about
400
F,
it
was
partly cloudy, and
the soil
was wet. No one was encountered at the property.
During the investigation numerous piles
ofmilled asphalt
(see photographs
3, 4, 5 and
28), broken concrete both with and
without rebar (see photos 6, 7, 8, 9, 10, 11, 12, 22 and
23), broken concrete mixed with
broken
asphalt (see photos 6, 7, 8, 9 10,
11
and 22), and
gravel
(see
photos 4 and 28) were observed
around the site. It
is suspected
that these are
materials used in making additional concrete
and asphalt
pavement, or stored
prior to
being
used for
fill.
An
office
building
with a concrete plant
sets at the northwest region of the site (see
photos
1, 22, 28 and 31). I went to announce myself at the
office
but observed the office
was
closed and locked. From the appearance of the office, it appears tohave been
abandoned. Just east of the office is a
warehouse
building. There is
a silo and conveyor
set up which appears to be part of the plant operations for mixing milled asphalt,
concrete, gravel, etc. to make paving aggregate. Parked
by
the office and a
small shed
was
a dump truck labeled “Info Corner Materials” (see photos 1 and 2). Also
observed
near the shed was an end-loader (a Komatsu WA500).
I began inspecting the northern region of site east of the office. It was
noted that there
were a couple of large bins for
keeping
graded
materials setting
northeast of the
office.
North
of the
bins were a few small piles of brick, broken concrete and
asphalt setting near
a tree-line (see photos 6 and 7). Larger piles of broken concrete with soil inter-mixed
were found in the northcentralJnortheast region east of the smaller piles.
Photos 9, 10, 11 and
12 were taken at the northeast corner of the site.
As can be seen in
photos
9,
10 and 11 there have been
concrete
trucks
cleaned
out in this area. The
ground
was covered in a layer of hardened, grey
concrete over much of this
area. It was also
evident that
over an extended period of time the
northeast
area had been partly filled
and
leveled out with broken concrete, and
other materials. The east edge
of the filling goes
down a steep slope an
estimated 40 or 50 feet. Near the base of the slope
is a small un
named tributary that flows to the Sangamon River.
Photos 12 and
13 show a small
part of
the eastern
slope. It was noted that
there
were occasional broken
concrete and other
apparent Clean
Construction or Demolition Debris (CCDD) along the slope.
These
materials probably meet
the provisions
of Section 3.160(b) of the Act
as clean
construction or demolition debris.
Grass
and weeds
were
covering
much of the slope and
appear to have
prevented
erosion.
Walking south
from the northeast region, I
observed
a
large pile of waste
near
the east
slope (see photos
13, 14 and 15). On
inspecting
the pile it was found
to be small pieces of
broken
glass (see photos
16, 17,
18,
19, 20 and 21). The
glass
ranged from
pebble to
gravel size, and of
various colors (clear, green,
yellow,
blue,
brown, etc.). When
I
broke
the surface of
the glass, the other glass
looked dirty and there
appeared
to be soil or dust
mixed with it. It
was also observed that there was
a considerable
amount of plastic debris
2
such
as plastic
bottles
and
caps
mixed
in
with
the glass
(see
photo
21).
Measuring
the
area by
“stepping
it
off;”
I
found
it
to
be
about 108
feet wide
(at its
widest),
about
78
feet
long
to where
it
narrows
to
about
19 feet
wide,
and then
another 54
feet
long.
Looking
at
the depth
of
broken
glass from
the
south
edge of
the
pile
it looked
5
feet deep.
Using
these
measurements,
it was
figured
that there
were approximately
1750
cubic
yards of
broken
glass
and
debris
in
the area.
Since
this
was near
the eastern
edge
of the
property,
away
from the different
other
piles
that
appeared
to be part
of the
concrete/asphalt
recycling
or paving
production
(see
photos
22, 23
and
24),
it was
determined
that the
glass
was apparently
discarded
or abandoned.
The
mixture
of
broken
glass
and other
waste is
flot considered
“clean
construction
or
demolition
debris,”
as
defined in
Section
3.160(b)
of the
Act.
Therefore,
it cannot
be stored
or
disposed
of at
this site
without an
Illinois
EPA
permit.
Continuing
to the
southeast
corner of
the
property
I observed
some
broken
concrete
with
exposed
rebar
deposited
down
a
slope
(see
photo
25).
On
closer
inspection
it was noted
that
there
was other
waste
intermixed
with
the
concrete
and metal
such
as
plastic. It
was
determined
that
the debris
did not
met the criteria
of a CCDD,
therefore,
until
further
information
is
available,
it
should
be considered
as general
construction
or demolition
debris
pursuant
to 3.160(a)
of
the Act,
and
a waste.
Near
the
edge
of the
slope
by the
above-mentioned
waste
was
a
pile
of
waste that included
broken
concrete,
plastic,
metal,
dimensional
lumber
(charred),
etc. as shown
in
photos
26 and 27.
No
determination
was
made
that
the wood
had
been
burned onsite
because
it was in
a pile
with other
waste that
did
not
show
signs of
being
burned.
Just north
of the
above-mentioned
pile
(see
photo
27), was
a
pile of
unknown
waste that
appeared
to be
white,
tan
and brown
(see
photos 29
and
30).
The waste
appeared
to be
moist,
and gave
a slightly
earthy
smell (see
photos
28,
29
and
30).
Included
in the
pile
was
what appeared
to
be extruded
noodles
(see
photos 28
and
29). Based
on
its unusual
appearance
(the
clumps
and noodles),
it
was
suspected
as being some
type
of commercial
or
industrial waste.
Paper
and other
debris
were
mixed
in with the
other
waste in
the
pile.
Walking
to the southcentral
region
of the
site I
observed
a concrete
block
wall.
On the
east
side
of the
wall
was a pile
of debris
(see
photos
31, 32 and
33).
The pile was
composed
of
plastic,
dirt or
soil, some
broken
glass,
and
paper.
It looked like
some
type
of screened
waste,
possibly
derived
from
separating
the
glass
observed
in the
eastern
region
from the
debris observed
in the
pile.
Waste in
this area appears
to be
located
on
the Leroy
and
Mary
Jane
Donley
parcel.
I noted
what
looked
like
waste
from
cleaning out
concrete
trucks in
the
southcentral
region,
south
of
the
above-mentioned
waste.
It appeared
that trucks
would
be
cleaned
out
at the
top of
the
slope
allowing the
liquid
to flow
down and
harden (see
photos
34
and
35). A large
jumbled
pile of dimensional
lumber
was setting
at the top
of the
slope (see
photos
35, 36
and
37). The
lumber
in
the
pile was
somewhat
weathered,
and not
neatly
arranged
or
covered.
In
this condition
and
location,
the
jumbled
pile
of lumber
is
considered
a
waste by
the Illinois
EPA.
Also near
the
pile
was
a boat,
an
anhydrous
ammonia
tank,
a
dump
truck
labeled “Info
Corner
Materials,”
and
other
items.
3
Walking
back to the office I noted several 55-gallon
drums
setting south of the onsite
shed (see
photo 38).
Two metal drums were
pushed to
determine if they contained
anything.
Both
felt heavy. A translucent drum near the
other
two, appeared to have about
15 gallons
of frozen liquid in it. Whether the drums contain product or waste is not
known.
Eight more
55-gallon drums
were
observed
south of the
office and warehouse building
(see photo 39).
A dried dark stain was evident on the concrete pad below the drums. It
appears that
one or more of the drums may be leaking.
I left
the site at 2:28 pm.
Violations noted during the investigation are indicated on the
checklist
that
accompanies
this report.
The owner/operator must also determine whether the contents of the drums,
as
well as the
un-identified pile
of
white, taii and brown waste at the site, are hazardous
or
special wastes. No
hazardous
or
special waste determinations will be required on
the
contents of
the drums if it can be demonstrated that the contents are uscable products
and
not
wastes.
cc:
DLPC,
Division File
DWPC/FOS,
Springfield Region
DLPC/FOS,
Springfield Region
4
STATE
OF
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
SITE
SKETCH
Date of
Inspection:
January
9,
2009
Site Code:
1678220075
Site
Name:
Springfield
Twp/Info
Corner
Materials,
Inc.
Measurements
Approximate
Direction
of Photo
‘
Not
To
Scale
North
il
Inspector:
Rich
Johnson
County:
Sangamon
Time:
1:34
pm—2:28pm
Concrete
Truck
Clean Out
Broken
Glass
with
Plastic
Milled Asphalt,
Broken
Concrefe
&
Gravel
Piles
General
Refuse
GR
Pile of
Unknown
White Waste
WW
Glass
Waste with
Paper &
Plastic GW
Sand
Hill Road
II
I.
/
.—————
Office/Aggre
ate
Mix
Plant
Shed
LI
.4-
38
——-c
15
12
13/
19
--21
*-
-
181
16
I
0
b
LLflj
24
36
3
•4—
.‘
__—*
WW
4-29
2830
()
26
27’\4
,/
GR
/
:•
lVp
Id
j
NPE
North
,‘(:
j
by
a
LPC
1678220075
--
Sangamon
Springfield
Township/Info
Corner
FOS
File
2008
Microsoft
Virtual
d
•
:
rr.
7
j
1,r
1
-
Exposure
#:
001
Comments:
Photograph
shows
the
onsite
office
and
aggregate
mixing
plant
at
the
northwest
region
of
the
site.
Date:
January
9,
2009
Time:
1:37
pm
Direction:
Northeast
Photo
by:
Rich
Johnson
Exposure
#:
002
Comments:
Photograph
shows
a
shed
and
afuel
tank
setting
in
the
western
region
ofthe
site.
,
p
——
)
File
Names:
1678220075--01092009-LExp.
#j.jpg
Page
1
of
20
:
.
•.
.
‘
..‘
.
..
...
.
-
..
.:
.•
‘.L
...—..
..
File
Names:
1678220075
01
09200—I
FW.
#I.ip
shows
a
pile
of
milled
asphalt
and
gravel
piles
in
the
central
region
of
the
site.
Date:
January
9,
2009
Time:
1:37
pm
Direction:Southeast
Photo
by:
Rich
Johnson
Exposure
#:
004
Comments:
Photograph
shows
a
large
pile
of
graveland
a
pile
of
milled
asphalt
located
in
the
central
and
southwest
regions
of
the
site.
-
Page
2
of
20
File
Names:
1678220075--01092009-IExp.
#j.jpg
Comments:
Photograph
shows
a
large
pile
of
milled
asphalt
in
the
southwest
regionof
the
site.
Date:
January
9,
2009
Time:
1:41
pm
Direction:
North
Photo
by:
Rich
Johnson
Exposure
#:
006
Comments:
Photograph
shows
piles
of
brick,
concreteand
asphalt
as
well
as
some
large
piles
with
soil,
concrete
and
asphalt
setting
in
the
northcentral
region
of
the
site.
Page
3
of
20
shows
piles
with
soil,
concreteand
asphalt
located
in
the
northcentral
region
of
the
site.
Date:
January
9,
2009
Time:
1:41
pm
Direction:
East
Photo
by:
Rich
Johnson
Exposure
#:008
Comments:
Photograph
shows
piles
of
mostly
concreteand
soil
setting
in
the
northcentral
region
of
the
site.
File
Names:
167822007501O920O9-LExp.
#.jpg
Page
4
of
20
Comments:
Photograph
shows
broken
concrete
and
clean
outconcrete
from
concrete
mixing
trucks
located
in
the
northeast
region
of
the
site.
Date:
January
9,
2009
Time:
1:46
pm
Direction:
Northwest
Photo
by:
Rich
Johnson
Exposure
#:
010
Comments:
Photograph
shows
piles
of
broken
concrete
and
cleaned
out
concrete
from
concrete
trucks
in
the
northeast
region
of
the
site.
FileNames:
1678220075’O1092009-Exp.#].jpg
Page
5
of
20
File
Names:
1678220075—01092009-[Exp.
#j.j
pg
Exposure
#:
011
Comments:
Photograph
shows
small
piles
of
asphalt
and
concrete
as
well
as
the
cleaned
out
concrete
mix
discarded
in
the
northeast
region
of
the
site.
Date:
January
9,
2009
Time:
1:56
pm
Direction:
North/northeast
Photo
by:
Rich
Johnson
Exposure
#:
012
Comments:
Photograph
shows
part
of
the
east
slope
of
the
property
from
the
eastcentral
region.
Note
the
steep
slope.
Page
6
of
20
Comments:
Photograph
shows
part
of
the
east
slope
of
the
property
from
the
eastcentral
region.
Note
the
pile
of
broken
glass
near
the
steep
eastern
slope.
Date:
January
9,
2009
Time:
1:56
pm
Direction:
Southwest
Photo
by:
Rich
Johnson
Exposure
#:014
Comments:
Photograph
shows
broken
glass
piled
in
the
eastcentral
region
of
the
site.
7/
FileNames:
167822OO75—O1O92009-jExp.
#.jpg
Page
7
of
20
shows
broken
glass
piled
in
the
eastcentral
region
of
the
site
Date:
January
9,
2009
Time:
1:58
pm
Direction:West
Photo
by:
Rich
Johnson
Exposure
#:
016
Comments:
Photograph
shows
part
of
the
pile
of
broken
glass
located
in
the
eastcentral
region
of
the
site.
Note
the
large
pile
of
brokenconcrete
in
the
background.
FileNames:
1678220075—01092009-[Exp.
#1.jpg
Page
8
of
20
File
Names:
1678220075010920O9-IExp.
#].jpg
shows
a
pile
of
broken
glass
located
in
the
eastcentral
region
of
the
site.
Date:
January
9,
2009
Time:
1:58pm
Direction:
North
Photo
by:
Rich
Johnson
Exposure
#:018
Comments:
Photograph
shows
a
pile
of
broken
glass
located
in
the
eastcentral
region
of
the
site.
Page
9
of
20
FileNames:
167822O075’-01092009-Exp.
#].jpg
shows
a
pile
of
broken
glass
located
in
the
eastcentral
regionof
the
site.
Date:
January
9,
2009
Time:
2:00
pm
Direction:
Southeast
Photo
by:
Rich
Johnson
Exposure
#:020
Comments:
Photograph
shows
a
pile
of
broken
glass
located
in
the
eastcentral
region
of
the
site.
Page
10
of2O
File
Names:
167822OO75O
1
092009-[Exp.
#1
.jpg
Comments:
Photograph
shows
a
closer
look
at
the
broken
glass
piled
in
the
eastcentral
regionof
the
site.
Note
there
were
plastic
caps
and
bottles
mixed
in
with
the
glass.
Date:
January
9,
2009
Time:
2:04pm
Direction:
Northwest
Photo
by:
Rich
Johnson
Exposure
#:
022
Comments:
Photograph
shows
gravel,
broken
concreteand
milled
asphalt
piles
located
in
the
central
region
of
the
site.
Page
11
of2O
File
Names:
1678220075-O1092009-Exp.
#j.jpg
shows
broke
concrete
piles
in
the
background
and
piles
of
soilin
the
foreground
from
an
area
in
the
southeast
region
Date:
January
9,
2009
Time:
2:04pm
Direction:
North
Photo
by:
Rich
Johnson
Exposure
#:
024
Comments:
Photograph
shows
a
pile
of
broken
glass
setting
near
the
eastcentral
region
of
the
site.
Note
the
ground
slopes
sharply
east
of
the
glass.
Page
12
of2O
shows
broken
concrete
with
rebar
dumped
along
a
slope
in
the
southeast
region
of
the
site.
Date:
January
9,
2009
Time:
2:06
pm
Direction:West
Photo
by:
Rich
Johnson
Exposure
#:026
Comments:
Photograph
shows
a
pile
of
waste
setting
along
the
edge
of
a
steep
slope
in
the
southeast
region
of
the
site.Note
the
plastic,
the
concrete,the
metal,
and
wood
in
the
pile.
File
Names:
1678220O75-’01092009-LExp.
#j.jpg
Page
13
of2O
Comments:
Photograph
shows
pile
of
waste
setting
near
the
edge
of
a
steep
slope
in
thesoutheast
region
of
the
site.
Note
the
burned
dimensional
lumber,garden
hose,
plastic,
tin
cans,
and
other
waste
in
the
pile.
Also
note
that
there
was
a
tan
colored
pile
of
waste
in
the
background.
Date:
January
9,
2009
Time:
2:09
pm
Direction:
Northwest
Photo
by:
Rich
Johnson
Exposure
#:
028
Comments:
Photograph
shows
a
pile
of
tan
unknown
waste
setting
in
the
southeast
region
of
the
site.
File
Names:
1678220075—O
1
092009-jExp.
#1.j
pg
Page
14
of
20
File
Names:
1678220075-O1
092009-[Exp.
#1.jpg
Comments:
Photograph
shows
a
whiteclump
of
unknown
refuse
in
a
pile
of
tan
w
unknown
waste
setting
in
the
southeast
region
of
the
site
Date:
January
9,
2009
Time:
2:10pm
Direction:
Northwest
Photo
by:
Rich
Johnson
Exposure
#:
030
Comments:
Photograph
shows
a
pile
of
tan
waste
setting
in
the
southeast
region
of
the
site.
Page
15
of2O
File
Names:
1678220075--01092009-[Exp.
#I.jpg
Comments:
Photograph
shows
a
pile
of
waste
setting
along
a
concrete
storage
bin
in
the
southcentral
region
of
the
site.
Note
the
waste
includes
broken
glass,
plastic,
paper
and
soil.
Date:
January
9,
2009
Time:
2:14
pm
Direction:
West
Photo
by:
Rich
Johnson
Exposure
#:032
Comments:
Photograph
shows
a
pile
of
waste
setting
along
a
concrete
storage
bin
in
the
southcentral
region
of
the
site.
Note
the
waste
includes
broken
glass,
plastic,
paper
and
soil.
Page
16
of2O
File
Names:
1678220075-4i1092009-jExp.
#I.jpg
Comments:
Photograph
shows
a
pile
of
waste
setting
along
a
concrete
storage
bin
in
the
southcentral
region
of
the
site.
Note
the
waste
includes
broken
glass,
plastic,
paper
and
soil.
Date:
January
9,
2009
Time:
2:16pm
Direction:
Southeast
Photo
by:
Rich
Johnson
Exposure
#:
034
Comments:
Photograph
shows
concrete
that
had
been
clean
out
of
concrete
mixing
trucks
and
deposited
in
the
southcentral
region
of
the
site.
Page
17
of2O
File
Names:
1678220O75’-O1O92009-Exp.
#j.jpg
Exposure
#:
035
Comments:
Photograph
shows
concrete
that
had
beenclean
out
of
concrete
mixing
trucks
in
the
southcentral
region
of
the
site.Note
that
there
was
a
pile
of
dimensional
lumber
at
the
end
of
the
concrete
waste.
Date:
January
9,
2009
Time:
2:17pm
Direction:
West
Photo
by:
Rich
Johnson
Exposure
#:036
Comments:
Photograph
shows
a
pile
of
dimensional
lumber
piled
in
the
southcentral
region
of
the
site.
Page
18
of2O
Comments:
Photograph
shows
a
pile
of
dimensional
lumber
piled
in
the
southcentral
region
of
the
site.
Date:
January
9,
2009
Time:2:24
pm
Direction:
West
Photo
by:
Rich
Johnson
Exposure
#:
038
Comments:
Photograph
shows
three
55-gallon
drums
setting
along
the
east
side
of
a
small
shed
in
the
westcentral
part
of
the
site.
Page
19
of2O
File
Names:
167822007501092009-LExp.
#].jpg
Exposure
#:
039
Comments:
Photograph
shows
eight
55-gallon
drums
setting
along
the
east
side
of
the
office
and
mixing
plant
in
the
northwest
region
of
the
site.
1678220075—01092009.docx
Page
20
of
20
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Return
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the
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EEZZEZ_ZZ
Secretary
Name
&
Address
PERPETUAL
I
2009
J
Purchase
Certificate
of
Good
Standing
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(One
Certificate
per
Transaction)
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258
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LANE
SHERMAN
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62684
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AFFIDAVIT,
and
OPEN
DUMP
INSPECTION
CHECKLIST
To:
Info
Corner
Materials,
Inc.
Delmar
Donley,
Registered
Agent
P.O.
Box
258
6750
Donley
Lane
Sherman,
IL
62684-0258
and
theoriginal
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,
Clerk
Pollution
ControlBoard
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
Michelle
M.
Ryan
Assistant
Counsel
illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
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FIIJNG
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RECYCLED
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