ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1 021 NORTH
GRAND
Av:NuE
EAST,
ILhNcs62794-9276
(2
jLjJ’
L
.
(217)
782-9817
TDD:
(217)
782-9143
June
3, 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. Springfield
Iron
&
Metal
Co., Inc.
and Russell
&
Evelyn
Weller.
IEPA
File No.105-09-AC;
167120573
7—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.
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, TL
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
COLLINSVILLE —2009
MaIl Street, Collinsville,
IL 62234
—(618) 346-5120
MARION
—2309W.
Main
St., Suite
116, Marion,
IL 62959
—(618)
993-7200
PRINTED
ON
RECYCLED
PAPER
Pat Quinn,
Governor
DOUGLAS P.
SCorE,
DIRECTOR
CLER;S
Opp
JUN
0
5
2009
PoJIvjjo
STATE
OP
Control
ILLINOIS
Board
Assistant
Counsel
CED
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
JUN
052009
ADMINISTRATIVE
CITATION
STATEton
OF
Control
ILLIN
oard8
is
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA
No.
105-09-AC)
)
SPRINGFIELD
IRON
& METAL
)
CO.,
INC.
and
RUSSELL
&
)
EVELYN
WELLER,
)
)
Respondents.
)
NOTICE OF
FILING
To:
Springfield
Iron
&
Metal
Co., Inc.
Russell
&
Evelyn
Weller
Russell Weller,
Owner/Operator
931 Lawndale
930 Wolfe St.
Springfield, IL
62707
Springfield, IL 62702
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 e M. Ryan
Assistant
Counsel
Illinois
Environmental Protection
Agency
1021
North
Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
(217) 782-5544
Dated:
June 3, 2009
THIS
FILING SUBMITTED
ON RECYCLED
PAPER
RECEIIVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION CONTROL
BOARD
052009
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
0
c
1
V.
)
(IEPA
No.
105-09-AC)
SPRINGFIELD
IRON & METAL CO.,
INC.
)
and
RUSSELL
&
EVELYN WELLER,
)
Respondents
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 Russell
& Evelyn Weller are
the permitted
owners and Springfield
Iron
&
Metal
Co.,
Inc. is the permitted
operator
(collectively “Respondents”)
of a
facility located at
930 Wolfe
Street, Springfield,
IL, Sangamon
County, Illinois.
The property
is commonly
known to the
Illinois
Environmental Protection
Agency
as Springfield/Springfield
Iron
& Metal
Company.
2.
That
said facility is an
open dump
operating without
an Illinois
Environmental
Protection
Agency Operating
Permit
and
is designated with Site
Code No.
1671205737.
3.
That
Respondents
have owned
and operated said
facility
at all
times pertinent
hereto.
4.
That on April
23, 2009, Richard
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.
5.
That
on
Z009
Illinois
EPA sent this
Administrative
Citation
via
Certified
Mail No.
007
o2obooz,37i4
“k7U07302gec6z 32(43.9
VIOLATIONS
Based
upon
direct
observations
made
by
Richard
Johnson
during
the course
of
his April
23,
2009
inspection
of the above-named
facility,
the Illinois
Environmental
Protection
Agency
has
determined
that Respondents
have violated
the
Illinois
Environmental
Protection
Act
(hereinafter,
the
“Act”)
as follows:
(1)
That Respondents
caused
or
allowed
the
open dumping
of waste
in a
manner
resulting
in litter,
a violation
of Section
21 (p)(1)
of the
Act,
415 ILCS
5/21
(p)(1)
(2006).
CIVIL
PENALTY
On April
1,
2004,
the Board
found
Springfield
Iron & Metal
Co.,
Inc.
and
Russell
and Evelyn
Weller in
violation of
Section
21
(p)(1) of the
Act
in AC 04-48.
Because
this
Administrative
Citation
addresses
a second
or
subsequent
violation
of
Section
21(p)(1)
of the Act,
pursuant
to
Section
42(b)(4-5)
of
the Act,
415
ILCS
5/42(b)(4-5)
(2006),
Respondents
are
subject
to
a civil
penalty of Three
Thousand
Dollars
($3,000.00)
for
each
violation,
for
a total of
Three
Thousand
Dollars
($3,000.00).
If Respondents
elect
not to petition
the
Illinois
Pollution
Control
Board,
the statutory
civil
penalty
specified above
shall
be due
and
payable no
later
than July
7, 2009,
unless
otherwise
provided
by
order
of the Illinois
Pollution
Control
Board.
If Respondents
elect to contest
this
Administrative
Citation
by
petitioning
the Illinois
Pollution
Control
Board
in accordance
with
Section 31.1
of
the Act,
415 ILCS
5/31.1(2006),
and
if the Illinois
2
Pollution
Control Board issues
a finding
of violation
as
alleged herein,
after an adjudicatory
hearing,
Respondents
shall
be assessed
the associated
hearing
costs
incurred
by the
Illinois
Environmental
Protection Agency
and
the Illinois Pollution
Control
Board.
Those
hearing costs shall
be
assessed
in
addition to the One
Thousand
Five
Hundred Dollar
($1,500.00)
statutory civil penalty
for each
violation.
Pursuant
to Section
31.1 (d)(1) of the
Act, 415 ILCS
5/31.1
(d)(1)
(2006), if
Respondents
fail
to petition
or elect not to petition
the
Illinois Pollution
Control
Board for review of
this
Administrative
Citation within thirty-five
(35) days
of the date
of service, the Illinois
Pollution
Control Board
shall
adopt
a
final order, which
shall include
this
Administrative
Citation
and findings of violation
as
alleged herein,
and shall impose
the
statutory
civil penalty specified
above.
When payment
is made,
Respondents’
check shall
be made payable
to the
Illinois
Environmental
Protection
Trust
Fund and
mailed to
the attention
of Fiscal Services,
Illinois
Environmental Protection
Agency,
1021 North Grand
Avenue
East,
P.O. Box
19276,
Springfield,
Illinois
62794-9276. Along
with
payment,
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 Respondents
in Circuit
Court to collect said
penalty
and/or
hearing costs,
plus any
interest
accrued.
3
PROCEDURE
FOR
CONTESTING THIS
ADMINISTRATIVE
CITATION
Respondents
have the right
to
contest
this Administrative
Citation pursuant to
and in
accordance
with Section 31.1
of the Act, 415
ILCS
5/31/1
(2006). If Respondents
elect to contest
this Administrative
Citation, then
Respondents
shall file
a signed Petition for
Review, including
a
Notice of Filing,
Certificate
of
Service, and Notice
of Appearance,
with the
Clerk of the
Illinois
Pollution
Control
Board, State
of
Illinois Center, 100 West
Randolph,
Suite 11-500, Chicago,
Illinois
60601.
A copy of said Petition
for Review
shall
be filed
with
the Illinois Environmental
Protection
Agency’s Division
of Legal
Counsel at 1021 North
Grand Avenue
East,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276.
Section
31.1
of
the Act
provides
that
any Petition
for Review shall
be filed
within
thirty-five
(35) days of
the date
of
service of
this
Administrative
Citation
or the Illinois
Pollution
Control
Board
shall enter a default
judgment
against the Respondent.
P
A’’
Date:
Dougla
. Scott,
Director
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
RECE,ED
LERKS
OFFICE
REMITTANCE
FORM
JUN
05
fl9
STATE
OF
ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
POIItto
Controj
Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
(
V.
)
(IEPA No.
105-09-AC)
)
SPRINGFIELD
IRON & METAL
CO.,
INC.
)
and RUSSELL & EVELYN
WELLER,
)
)
)
Respondents.
FACILITY:
Springfield/Springfield
Iron & Metal
Company
SITE CODE
NO.:
1671205737
COUNTY:
Sangamon
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
April 23, 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
Services, P.O.
Box 19276, Springfield,
Illinois
62794-9276.
5
E
C
E
D
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
CLER1c
()
JUN
Ii
2119
AFFIDAVIT
STATE
OF
ILLlNQj
IN THE
MATTER
OF:
)
POllUtIOn
Control
8
Oc1
Illinois
Environmental
)
Protection
Agency
)
vs.
))
-AC
JEPA DOCKET
NO.
ç
Springfield
Iron
& Metal
)
f
1
Co.,
Inc.
)
and
)
Russell
&
Evelyn
Wellei
)
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 April 23, 2009
between
2:04
PM and 3:04PM,
Affiant conducted
inspection
of
a disposal
site
operated
without
an Illinois Environmental
Protection
Agency
permit, located
in Sangamon
County, Illinois,
and known as Springfield/Springfield
Iron
&
Metal
Company by the
Illinois
Environmental
Protection
Agency.
Said site
has been assigned
site code number
LPC#
1671205737
by the Illinois
Environmental
Protection
Agency.
3. Affiant
inspected
said Springfield/Springfield
Iron
&
Metal
Company 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 forms
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/Springfield
Iron
& Metal
Company open dump.
Richard
Jjnson
Subscribed
and
Sworn
To before me
This/dayof
‘-‘-t ‘‘
Notary
Public
FIcXSEAL’1
CHARLENE
K.
POWELL
NOTARY
PUBLIC
- STATE
OF
ILLINO!1
MMONEXpEsHj5
2012
Responsible Party
Mailing Address(es)
and Phone
N urn
ber(s):
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
El
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
El
(2)
In Violation
of Any Regulations
or Standards Adopted
by
the Board
El
DISPOSE,
TREAT,
STORE, OR ABANDON
ANY WASTE, OR TRANSPORT
ANY
WASTE
INTO
THE
STATE ATITO SITES
NOT MEETING
REQUIREMENTS
OF ACT
El
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
El
(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
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGEN
64
8
Open Dump
Inspection Checklist
JUN
05
QQ
County:
Sangamon
LPC#:
1671205737
Location/Site
Name:
Springfield/Springfield
Iron
& Metal Company
Date:
04/23/2009
Time:
From
2:04 pm
To
3:04
pm
Previous
Inspection
Date: 03/25/2009
Inspector(s):
Rich
Johnson
Weather:
75 F, cloudy, wet
soil
No. of Photos
Taken:
# 27
Est.
Amt.
of Waste:
750
yds
3 Samples
Taken: Yes
#
No
Interviewed:
Russell Weller
(0/0), Brian
Williams,
Jr.
Complaint #:
C-09-114-C
Springfield
Iron & Metal
Co.,
Inc.
930
Wolfe Street
Springfield,
Illinois
62702
(217) 544-7131
Russell
&
Evelyn Weller
931 Lawndale
Springfield,
Illinois
62707
Revised
06/18/2001
(Open Dump
- 1)
LPC#
1671205737
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
f
LI
35
ILLINOIS ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
10.
812.101(a)
OPERATEALANDFILL
FAILURE
TO SUBMIT AN
APPLICATION
FOR A PERMIT
TO DEVELOP AND
LI
11.
722.111
HAZARDOUS
WASTE DETERMINATION
LI
12.
808.121
SPECIAL
WASTE DETERMINATION
LI
ACCEPTANCE
OF SPECIAL WASTE
FROM
A
WASTE TRANSPORTER
WITHOUT
A WASTE
HAULING PERMIT,
UNIFORM
WASTE
PROGRAM
REGISTRATION
AND
LI
13.
809.302(a)
PERMIT ANDIOR
MANIFEST
OTHER
REQUIREMENTS
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.
Inspection Date:
03/25/2009
Revised 06/18/2001
(Open Dump
-2)
Illinois
Environmental
Protection
Agency
Memorandum
To:
Division
of
Land Pollution
Control
File
From:
Richard Johnson,
DLPC/FOS,
Springfield
Region
Date:
April 30, 2009
Subject:
LPC
#1671205737
— Sangamon
County
Springfield/Springfield
Iron
& Metal Company
(SIMCO)
C-09-1 14-C
FOS File
I conducted
re-inspections
of
the above reference
facility on
March 25, 2009, and
April
23, 2009.
The property is located
at 930 Wolfe
Street,
Springfield,
Illinois. Met
and
interviewed
during
both inspections
were:
Mr. Russell Weller,
owner and operator
of
Springfield
Iron
& Metal
Company
(hereafter referred
to
as SIMCO), and Mr.
Brian
Williams,
Jr.,
an
employee at the
site, who accompanied
me
on
my
inspections
of the
site.
I conducted
a September 3, 2008
investigation
of SIMCO in response
to an
anonymous
complaint received
concerning
the site’s
soil
being contaminated
and alleging that
when
it rains oily
water
flows
offsite onto
Wolfe Street. Furthermore,
the complainant
was
concerned
that
the
soil at the site
was
radioactive.
Based
on the findings of
the inspection,
Mr.
Weller
was sent
an Open Dump
Administrative Citation
Warning
Notice
dated
October
9,
2008
for open dumped
solid waste.
During
the September
3, 2008 investigation
I also
met
with Ms. Ellen Price,
and
Mr.
Wally
Horrighs, of the
Illinois
Secretary
of State. The Illinois
Secretary of State
(Illinois
SOS)
were
onsite
to investigate
the SIMCO’s compliance
with
State regulations
as they
relate
to junkyards,
and to inform
Mr.
Weller that
the site’s registration
as a junkyard
could not be transferred
to a potential
buyer
of
the property. The
potential buyer of
SIMCO was
Mr. Harold
Graves,
who
began
operating the site.
Mr. Graves withdrew
both
his application
to operate
SIMCO
and his offer to buy the
site. The Illinois SOS
has
approved
SIMCO’s
operation
as an automotive parts
recycler until December
31, 2009
(see photograph
1 taken March
25, 2009). I observed
about 10 junk vehicles
at the site
during the
inspection (see photos
20 and 23
taken March 25, 2009).
March 25. 2009 Inspection
I arrived
at the SIMCO
at about 1:14 pm
on March 25, 2009.
The temperature was
about
45 - 50° F, it was partly
sunny, and
the soil was wet.
1
The site
office is located
in a building
at
the
northwest part
of the site
(see photos 22 and
23). Mr. Weller was
met in the office and
was briefly
interviewed both before
the
inspection and
after.
According
to
Mr.
Weller, he no longer
is trying
to sell his
business.
He
said
the
price
of metals
have
plummeted and unsorted
iron
is
going for
about
$40 per
ton,
while the cut and sorted
iron is around
$95
per
ton. Furthermore,
the
price for selling
junk vehicles has fallen
off so much that this
part of his
business
is down
about
75%.
Mr.
Weller showed me
3 receipts for
shipments SIMCO
sent to Allied
Iron
& Steel
(in
Peoria) for the
week
so
far, one
on
Tuesday and
2 on
Wednesday.
He also
said there
had
been no
shipments made the previous
week.
The site is mostly
accumulating
scrap metal
in the
anticipation that the
price of metal
will
go back up. Besides
junk vehicles,
SIMCO
also accepts all types
of scrap metal including
tin,
iron,
aluminum,
copper,
lead,
etc.
It was noted
that there
appeared
to be more
scrap metal
onsite since my last
inspection
on
September 3,
2008.
Mr. Williams accompanied
me on my inspection
of SIMCO.
We initially
inspected
the
warehouse
located
east
of
the
office. At
the west end of the
building was
an
aluminum
can crusher that flattens
and then propels
the cans into a
parked
truck
box trailer
(see
photo 2). Once the
trailer is full it is driven
to the metal
recycler. According
to
Mr.
Williams,
the large cardboard
cartons
with metal in them
on the west
half of
the building
contain copper, lead
and brass scrap (see
photo
3). We
walked to the
east end of
the
building where
I observed stacks of
vehicle radiators
(see photo 4). Mr.
Williams
said
that SIMCO
buys
shipments of radiators
and then re-sells
them as
scrap metal
for
a
profit.
A baler used
to compress and band
aluminum
is
located in
the
northwest region
of the
site south
of the warehouse. During
the inspection
I observed the
square bales
of
aluminum
setting
south
of
the entrance (see photo
7).
Just east
of the warehouse
was a worker
spreading recently
deposited
wet concrete
(see
photo 4). SIMCO
allows concrete
mixers
carrying leftover
loads
of concrete
to dump it
at
the site to
establish
hard,
low permeable
surfaces from
which to operate
on. It
was
noted
that
there
are
areas throughout the
site
that have
some of the
concrete dumped
and spread.
Used
tires
under
a blue
tarp were
being temporarily
stored
west
of the office
in the
northwest
region (see photo
6).
SIMCO had
been cited for an
apparent violation
on the
last
inspection
for not covering, altering,
etc. used
tires while being
off rim. This
apparently
has
been
rectified. Mr.
Williams said the
2
used tires observed
just
south of
the
entrance had
just recently been
dropped off that
day. It was also
noted that they
were
on
rim. Mr.
Williams said that
used tires are stored
in a parked trailer
(see photos
18
and
19)
until
they
can be picked
up by
Flagg
Trucking
& Repair
(T8062, expiration
date
3/3
1/20 10). The
trailer
was
said
to be owned
by Flagg Trucking.
It
should also
be noted
that SIMCO
is an Illinois
EPA registered
used tire storage site
for 2009,
and
that
SIMCO
doesn’t sell used
tires.
I
observed two
55-gallon
drums labeled
“Used Oil” setting
along the
west side of the
site
during the
inspection.
Both drums appeared
to be empty,
or
nearly empty.
2
The
central/northcentral
region
of the site had
a large pile of scrap
metal that
was said to
be
tin
(see
photos
9, 16, 17, 22
and 24). This is
apparently the main location
where
scrap
metal
and
vehicles
are
consolidated
and loaded
onto a semi-truck.
A
hard
surface of
concrete
was
found in this
area. It was the formerly
a
foundation of
a
building that had
housed
a baler. The
building was
torn
down
and the concrete pad
remains, now
used
as
a
staging
area
for
collecting
scrap metal.
Southwest
of the large
pile
was
a
smaller
pile of metal
scrap that was said
to be iron (see
photos
10, 11 and 21).
North of the
large pile
was
a scrap metal pile with
aluminum and
tin.
Near
the aluminum
items
were
push mowers
(see photo 12).
Since the used mowers
were
lined
up
and
appeared
to be on display,
I asked whether
they were being sold
to
customers
of SIMCO,
or whether they were
considered
scrap metal and sold to
metal
recyclers.
According to Mr.
Williams,
they both sell mowers
and sell them for scrap
metal.
Besides
the push
mowers were
a couple of riding
mowers, and also several
cylinders
for propane
(see photo 13). Mr.
Williams
said that the cylinders
were
empty.
A
significant change
observed
at SIMCO was
that the 2 large mounds
of soil that had
waste mixed
in with them
were gone. It was my
understanding
that the mounds were
created
from
scraping the surface
of the site
by Mr. Harold
Graves. According
to Mr.
Weller,
doing
the
short tenure
that
Mr.
Graves operated the site
he scraped
off the
surface
of the scrap
yard in order
to recover some of
the
scrap metal.
In the process, two
large
hills of soil mixed
with
waste
were
generated.
One
of these
piles was located
in the
southwest
region
of the site,
and the other in
the northeast
region. During the
September
3, 2008 inspection
I learned
that
Mr. Graves
was sorting through
the
2
piles
in
order
to
remove
the
plastic, metal,
concrete, wood,
etc. interspersed
with the soil. Mr.
Graves and
his
equipment,
including
the machines
used
to sort
through the debris in the
soil, left the
site
in
October of 2008.
Mr. Weller
said that it
took
2
workers two weeks
to go through
the piles
and remove
the large
pieces of waste. When
I
asked how
the waste was
removed,
he
indicated
that
it was “hand raked,”
and the subsequent
soil was leveled
out
and compacted.
Large
areas at the northeast
region, along
the east property boundary,
and
at the
south
end
of
the site were now found
to have
soil mixed with pieces
of metal,
plastic, tires, insulation,
wood, etc.
(see photos
13, 14, 15, 16, 17, 18,
19, 20, 21,
22,
23
and 24). Mr. Weller
was told that
the soil with
waste
in it
was
all considered
open
dumped waste
and that it
needed to be remediated.
At the time of the
inspection I was
unable to
determine how
deep the soil mixed
with waste was throughout
these areas. Mr.
Weller
asked what needed
to be done and
we discussed a couple
of options. One was
removing
and disposing
all of the soil with
debris
at an Illinois
EPA permitted
landfill
or
transfer
station. Another
option was to
go
through the soil
again and
remove all the
waste
so that the resulting soil
would no
longer be considered
solid waste. The chunks
of
concrete may be
put to use
as
fill
around the site as
clean construction or
demolition
debris
(CCDD),
if it were used in accordance
with
Section 3.160(b)
of
the
Illinois
Environmental
Protection Act.
I indicated
during my previous
inspection of SIMCO
that
a rolloff box, or
some
other
type
of container,
should
be
available so that the
general refuse generated
onsite
can be
3
accumulated
off the ground
prior to its being
hauled
for
proper disposal. There
was metal
box now
available
at the site to accumulate
waste
(see
photos
13, 14 and
15).
I left the site at
2:13
pm.
April 23,
2009 Inspection
I arrived at the
SIMCO
at about 2:04
pm on April
23, 2009. The temperature
was
about
750
F, it
was
cloudy
and
breezy,
and the soil was wet.
During the
March
25, 2009
inspection
I had found
open dumped
waste
at the
site from
the
leveling
of
2 large piles
of
soil
mixed
with waste.
According
to Mr. Weller,
these 2
mounds
of soil mixed with waste
were generated
by Mr. Harold
Graves
in 2008
when he
temporarily operated
SIMCO. After
Mr. Graves
left the
site, Mr.
Weller had
the
mounds
leveled after
removing the large
pieces of
waste
in them.
Mr. Weller had
telephoned
me that several
test probes
had
been made in
the areas where
soil mixed
with waste had
been spread.
A trackhoe had
been used
to make
the test
cuts.
My
inspection
of the
site
was to see
whether the test
holes or probes would
give
some
indication
on how deep the waste
layer
from spreading
the mounds
would
be
in
the
affected
areas.
Mr.
Williams
and I initially
inspected probes in
the northeast
region
of SIMCO.
The area
affected
by
the soil mixed with
waste was measure
using
a landscape
measuring
wheel
and
found to be about
146
by 138 feet. Photos 1,
2, 3 and 4 show
a couple
test
areas in
this area.
Using a tape measure
(see photos
1 and 2) I found
waste down
to be
about
1.5
feet
below surface level (BSL).
In photos
3 and 4 a deeper cut
was made down
to about
3
feet
BSL
until it appeared that
the
waste had
been no longer
present. Photo
5 shows
what
was
dug out from the test
probe that
went
down about
3
feet
(see photos
3 and 4).
Photos 5, 6, 7, 8,
9
and 10
show
various
areas of the northeast
region
of the
site where
one of the mounds of
soil and waste had been
located. Photo
6
just
shows
the
concentration
of waste mixed
with
soil
found at the surface
of the northeast
region.
What
appears
to
be a thin layer
of the soil mixed
with waste was
noted in
photos
7,
8, 9
and 10.
It
was speculated
that most of the eastern
edge of
the
northeast region
was only a few
inches deep
with the soil/waste
layer. Photos
22, 23, 24
and
25
were taken
near
the
northeast corner of
the site showing how
much
debris
was on the surface.
An indication
of
how deep
the soil/waste layer from
spreading
the mound in the northeast
region
was
found by
observing a pile of landscape
waste.
The soil/waste had
been pushed
up and
around the
tree trunks and
limbs (see photos 22
and 23). This
soil/waste
layer
appeared
to
beabout3
feet thick.
From
the northeast
region, Mr. Williams
and I continued
south along
the
east property
boundary
(see
photos
11, 12, 13, 14, 15,
16,
17
and
18). Several probes
had also
been
made
in this
area.
The
probes
only
showed what appeared
to
be a shallow
layer
of
waste
most of the
way
to
the south end. Photo
12 shows the
pile of soil and
waste removed
from the test
hole shown
in photo 11. Photo
15 shows another
pile
of
soil and waste
from
4
another
test hole
located in
the eastcentral region.
This probe
appears to indicate
the
waste
and soil
was only about
3 to 4 inches
thick. Photo 17
shows
the area in photo 16
as
well as
further
south.
Additional
probes
at the south end of the
site (see photo 18)
are
needed
to
determine whether
the waste layer
was deeper in
this
area.
The eastern fence
line
from
the
south
line
of
the northeast region
down to the south
end
was about
474 feet
using
the measuring
wheel. More
probes
are
needed in an
area about 87 by 56
feet at the
south end
of
the site.
The second
mound
of soil and waste
had
been located
in the south/southwest
region
of
the site
as shown in
photos 19, 20,
26 and 27. Using
the measuring wheel
the area where
the
soil and
waste layer is
suspected to have
been
spread
was
about 156 by 93
feet. It was
noted
that
no test probes have
been placed
in
this area.
It was currently used
to park about
10
junk
vehicles,
and
a couple
of empty
metal
tanks.
Visually, this area
appeared to be
about
4 or 5 feet higher
than
the
adjacent interior road.
In the
central
part
of the site
was
a large
test
pit
dug by the trackhoe.
The test hole was
filled with
murky
water
(see
photo 21). This area
hadn’t been
thought to have been
a
location
where
the soil/waste
from
the nearby
mound
had
been
spread. However,
waste
mixed
with soil
was
present
in this area,
and the depth of the
test probe was reportedly
4
to 5 feet deep.
I discussed
my findings
with Mr. Weller
before leaving
at
3:04
pm.
Apparent
Violations
2
1(a)
of the Illinois
Environmental
Protection
Act (the Act),
no person shall
cause
or
allow
the open
dumping of any waste.
Open
dumped
waste observed at
the facility included
the soil
mixed
with
metal, plastic, wood,
and other debris
scattered
on the ground.
2l(p)(l)
of
the
Act, open dumped
waste
at the site
constitutes litter.
Miscellaneous
Information
1.
The property was
said to have
been
used for a junk yard
and metal scrap since
1955.
2. The
site was said
to operate from about
7:30 am
to
3:45 pm,
six days a week
(Monday
through
Saturday). Inside
the office were
a
computer and telephone
(217/544-7131),
as well as a toilet.
3.
Onsite equipment
at the time
of the inspection included
a
Hyundai grappler,
Red
Link Belt
with
a magnet,
three track-hoes, a
bull-dozer, and other
un-identified
machinery.
5
4. SIMCO
re-newed
its Illinois
EPA used
tire
storage
registration
and
fee in January
of 2009.
5.
SIMCO’s
current
Corporation
File
Detail
Report
from the
Illinois
Secretary
of
State
is
attached.
cc:
DLPC/Division
File
DLPC/FOS
— Springfield
Region
Sangamon
County Department
of
Public
Health,
Allen
Alexander
6
Measurements
Approximate
Not
To
Scale
North
11
Direction
of
Photo
0’
Trailers
I
I
Scrap
Metal
SM
Used
Tires
UT
Baled
Aluminum
BAL
Areas
of
Soil
Mixed
with
Waste
‘‘
Enterprise
Street
6
“1
,.•‘
/
•i
•8
:,
I
10
-
/
-
-
--
SM
‘i
---------
--
,--s
/
‘I;;
12
SM
///
j•
BAL
21
SM
i
‘14
./
15
,
I-’
:
I,
_/,///
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,‘
//
I
/
II
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I
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/
I
I
I
/
(
,//I/•/•
///
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I
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If
‘
--
7/
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_,
,——
•,
,4—19
•/•
I/
/
/
/
shows
an
area
located
in
the
northeast
region
of
the
site
that
was
scraped
with
a
track-hoe.
Date:
April
23,
2009
Time:
2:07
pm
Direction:
East
Photo
by:
Rich
Johnson
Exposure
#:
002
Comments:
Photograph
shows
aclose
up
of
photo
1.
Note
that
the
depth
of
waste
in
the
area
was
found
to
be
about
1.5
feet
deep
using
a
tape
measure.
File
Names:
1671205737-04232009-[Exp.
#I.jpg
Page
1
of
14
shows
another
test
probe
located
in
the
northeast
region
of
the
site.
Note
the
tapemeasure
indicates
waste
was
found
down
about
3
feet
below
surface
level.
Date:
April
23,
2009
Time:
2:08
PM
Direction:
South
Photo
by:
Rich
Johnson
Exposure
#:
004
Comments:
Photograph
shows
the
same
testprobe
as
in
photo
3.
Page
2
of
14
File
Names:
16712O5737-M4232009-lExp.
#.jpg
shows
a
pile
of
the
soil
mixed
withwaste
that
was
removed
from
the
test
hole
shown
in
photos
3
and
4.
Date:
April
23,
2009
Time:
2:11
pm
Direction:
Northeast
Photo
by:
Rich
Johnson
Exposure
#:
006
Comments:
Photograph
shows
the
surface
in
the
northeast
region
of
the
site.
Note
the
debris
found
at
the
surface.
Page
3
of
14
File
Names:
167120573704232OO9-IExp.
#].jpg
shows
an
area
scraped
by
a
trackhoe
in
the
northeast
region
of
the
site.
Date:
April
23,
2009
Time:
2:11
pm
Direction:
North
Photo
by:
Rich
Johnson
Exposure
#:
008
Comments:
Photograph
shows
the
northeast
region
of
the
site.
Note
the
scattered
debris
at
the
surface.
Page
4
of
14
File
Names:
16712O573704232009-jExp.
#].jpg
Comments:
Photograph
shows
an
area
in
the
northeast
region
of
the
site.
Note
the
area
was
scraped
with
a
trackhoe
with
some
of
the
resulting
waste
accumulated
near
the
topof
the
photo.
Date:
April
23,
2009
Time:
2:13pm
Direction:
Northwest
Photo
by:
Rich
Johnson
Exposure
#:
010
Comments:
Photograph
shows
a
pile
of
soil
mixed
withwaste
dug
up
bya
trackhoe
in
the
northeast
region
of
the
site.
Page
5
of
14
shows
a
test
probe
dug
with
a
trackhoe
located
along
the
east
boundary
of
the
site
in
the
northeast
region.
Date:
April
23,
2009
Time:
2:14
pm
Direction:
East
Photo
by:
Rich
Johnson
Exposure
#:
012
Comments:
Photograph
shows
a
pile
of
soil
mixed
with
waste
along
the
east
property
line
where
a
trackhoe
has
probed
an
area
trying
to
find
the
depthof
the
soil
mixed
with
waste.
File
Names:
167
I2O5737—O4232Oll9_Exp.
#j.jpg
Page
6
of
14
File
Names:
16712O573704232OO9-IExp.
#j.jpg
shows
areas
along
the
east
property
line
where
a
trackhoe
has
probed
trying
to
find
the
depth
of
the
soil
mixed
with
waste.
Date:
April
23,2009
Time:
2:15
pm
Direction:
Southwest
Photo
by:
Rich
Johnson
Exposure
#:014
Comments:
Photograph
shows
areas
along
the
east
property
line
where
a
trackhoe
has
probed
trying
to
find
thedepth
of
the
soil
mixed
with
waste.
Page
7
of
14
File
Names:
1671205737--04232009-IExp.
#j.jpg
shows
a
pile
of
soil
mixed
with
waste
along
the
east
property
line
in
the
eastcentral
region
of
the
site.
Date:
April
23,
2009
Time:
2:18
pm
Direction:
Southwest
Photo
by:
Rich
Johnson
Exposure
#:
016
Comments:
Photograph
shows
a
test
probe
located
along
the
east
fence
line
in
the
eastcentral/southeast
region
of
the
site.
Page
8
of
14
File
Names:
1671205737—04232009-jExp.
#j.jpg
shows
an
area
probed
with
a
trackhoe
located
along
the
east
fence
line
in
the
eastcentral/southeast
region
of
the
site.
Date:
April
23,2009
Time:
2:19
pm
Direction:
Southwest
Photo
by:
Rich
Johnson
Exposure
#:
018
Comments:
Photograph
shows
the
south
end
of
the
site.
Note
thesurface
debris
shown.
Page
9
of
14
shows
the
southwest
region
of
the
site.
Note
the
debris
on
the
surface
of
the
area
and
some
of
the
junk
vehicles
parked
in
the
area.
Date:
April
23,
2009
Time:
2:24
pm
Direction:
South/southeast
Photo
by:
Rich
Johnson
Exposure
#:
020
Comments:
Photograph
shows
some
of
the
southwest
region
of
the
site
withthe
debris
on
the
surface
andthe
junk
vehicles.
Note
the
trailer
shown
is
for
storing
used
tires.
File
Names:
167120573744232009-LExp.
#j.jpg
Page
10
of
14
File
Names:
1671205737—04232O09-[Exp.
#].jpg
shows
test
probe
excavated
with
a
trackhoe
located
in
the
central
region
of
the
site.
Note
that
the
water
filled
the
probe
and
it
was
reportedly
4
or
5
feet
deep.
Date:
April
23,2009
Time:
2:30
pm
Direction:
Northeast
Photo
by:
Rich
Johnson
Exposure
#:
022
Comments:
Photograph
shows
the
surface
near
the
northeast
corner
of
the
site.
Note
the
debris
found
at
the
surface.
Page
11
of
14
shows
the
surface
near
the
northeast
corner
of
the
site.
Note
the
debris
found
at
the
surface.
Date:
April
23,
2009
Time:
2:30
pm
Direction:
East
Photo
by:
Rich
Johnson
Exposure
#:
024
Comments:
Photograph
shows
the
surface
near
the
northeast
corner
of
the
site.
Note
the
debris
found
at
thesurface.
Page
12
of
14
File
Names:
1671205737—04232009-[Exp.
#j.jpg
shows
the
surface
near
the
northeastcorner
of
the
site.
Note
the
debris
found
at
the
surface.
Date:
April
23,
2009
Time:
2:36
pm
Direction:North
Photo
by:
Rich
Johnson
Exposure
#:026
Comments:
Photograph
shows
the
west
property
line
of
the
site.
Page
13
ofl4
File
Names:
16712O5737-04232O09-[Exp.
#j.jpg
shows
the
west
property
line
of
the
site.
1671205737—04232009.docx
Page
14
of
14
AFFIDAVIT,
and
OPEN
DUMP
INSPECTION
CHECKLIST
To:
Springfield
Iron
&
Metal
Co.,
Inc.
Russell
Weller,
Owner/Operator
930
Wolfe
St.
Springfield,
IL
62702
andthe
original
and
nine
(9)
true
and
correctcopies
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
Control
Board
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
Russell
&
Evelyn
Weller
I
b//
/
931
Lawndale
V,
Springfield,
It
62707
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
THIS
FILING
SUBMITI’ED
ON
RECYCLED
PAPER
