1. SECTION DESCRIPTION VIOL
    2. ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
      1. 4. 12(d) CREATE AWATER POLLUTION HAZARD
      2. 5. 21(a) CAUSE OR ALLOW OPEN DUMPING
      3. OPERATION:
      4.  
      5. IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
      6. OPERATEALANDFILL
      7. HAZARDOUS WASTE DETERMINATION
      8. 12. 808.121 SPECIAL WASTE DETERMINATION
      9. 13. 809.302(a)
    3. OTHER REQUIREMENTS
      1. CASE_NUMBER: ORDER_ENTERED_ON:
      2. OTHER:
      3. Martin Property Page 2 ~f 15
      4. FOS File
      5. Martin Property Page 3 of 15
      6. FOS File
      7. Martin Property Page 5 of15
      8. FOS File
      9. Martin Property Page 9 of 15
      10. FOS File
      11. Martin Property
      12. FOS File
      13. Site PhotographsPage 11 of 15
      14. Martin Property Page 12 of 15
      15. FOS File
      16. Martin Property Page 13 of 15
      17. FOS File
      18. PROOF OF SERVICE
CLERK’S
OFFICE
JUN
2
8
2O~4
STATE OF ILL~NO
PoHut~on
Contro’
Board
INFORMATIONAL NOTICE!!!
IT
IS.
IMPORTANT THAT YOU READ THE ENCLOSED. DOCUMENTS.
NOTE:
This
Administrative Citation refers to
TWO
separate State
of Illinois Agencies.
One is the
ILLINOIS POLLUTION
CONTROL
BOARD
located at State of Illinois Center,
100 West Randolph Street,
Suite
11-500,
Chicago, Illinois
60601.
The other state agency is the
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY located at:
1021
North Grand
Avenue
East, P.O.
Box 19276,
/
Springfield,
Illinois 61794-9276.
If you elect
to contest
the enclosed
Administrative
citation, you must
file a
PETITION
FOR REVIEW
with thirty-five.
(35).
days of the date
the Administrative Citation was served
upon you.
Ahy such Petition
for Review must be filed with the clerk of the Illinois Pollution
Control
Board by either hand delivering or mailing to the Board at the address
given above.
A copy of the Petition for Review should be either
hand-delivered or mailed to the Illinois
Environmental Protection
Agency at the
address given above and should be marked to the
ATTENTION:. DIVISION. OF LEGAL COUNSEL.
RE
C ~
V ~
D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
28
2004
ADMINISTRATiVE CITATION
STATE OF ILLINOIS
Pollution Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
.
)
AC
)
v.
)
(IEPA No. 305-04-AC)
)
EARL and NORMA MARTIN,
)
)
Respondents.
)
NOTICE
OF FILING
To:
Earl and
Norma Martin
1260 Moshier
Galesburg, Illinois
61401
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board ofthe
State ofIllinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
Michelle M.
R~/An
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)
782-5544
Dated:
June 24, 2004
THIS
FILING
SIJBMITFED ON
RECYCLED PAPER
JUN28
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
STATE OF ILLINOIS
ADMINISTRATIVE CITATION
Poliut~o~
Controj Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY
Complainant,
)
AC
v.
)
(IEPA No. 305-04-AC)
EARL
and NORMA MARTIN,
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
(2002).
FACTS
1.
That Earl and Norma Martin (“Respondents”) are the present owners and operators
of a facility located at County Road 2500 North, Rio Township, Knox County, Illinois.
The property is
commonly known to the Illinois Environmental Protection Agency as the Martin Property.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and
is designated with
Site Code No. 0958145002.
3.
That Respondents, Earl and Norma Martin, have owned and operated said facility at
all
times pertinent hereto.
4.
That on
May
10,
2004,
Jeff Port 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 Jeff Port during the course of his May 10, 2004
inspection of the above-named facility, the
Illinois Environmental Protection Agency has determined
that Respondents have violated the Illinois Environmental Protection
Act (hereinafter, the “Act”) as
follows:
(1)
That
Respondents caused
or allowed
the open
dumping
of
waste
in
a
manner
resulting
in
litter,
a
violation
of
Section
21(p)(1)
of the Act, 415
ILCS
5121(p)(l)
(2002).
(2)
That
Respondent caused
or
allowed
the
open
dumping
of
waste
in
a
manner
resulting in proliferation of disease vectors, a violation of Section 21 (p)(5) of theAct,
415 ILCS
5121(p)(5)
(2002).
(3)
That
Respondents caused
or allowed the
open
dumping
of waste
in
a
manner
resulting
in
deposition
of
general
construction
or
demolition
debris
or
clean
constructionordemolition debris, a violation of Section 21(p)(7) of theAct, 415 ILCS
5/21 (p)(7) (2002).
CIVIL
PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002), Respondents are
subject
to
a
civil
penalty
of
One Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
of the
violations
identified
above,
for
a total of
Four Thousand
Five
Hundred
Dollars
($4,500.00).
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 30, 2004, unless otherwise provided by
order of the Illinois
Pollution Control Board.
If Respondents elect to contestthis Administrative Citation-by petitioning the Illinois Pollution
2
Control Board in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
Pollution
Control Board
issues a finding of violation as alleged herein, after an adjudicatoryhearing,
Respondents shall be assessed the associated heañrig-costsincurr~d:by-the-tlinoisEnvironmental
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)
(2002), if Respondents fail
to petition or elect notto
petition the Illinois
Pollution Control Board for reviewof 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,
Respondents shall complete and
return
the enclosed
Remittance Form to ensure proper documentation of payment.
Ifany civil penaltyand/or hearing costs are not paid within the time prescribed byorderof:the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or
hearing
costs
shall
be
assessed
against the Respondents from the date 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
(2002).
If Respondents elect to contest
this Administrative
Citation, then
Respondents shall file a
signed
Petition for Review,
including a
Notice
of
Filing,
Certificate
of Service,
and
Notice
of Appearance,
with
the Clerk
of the
Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
A copy of said
Petition for Review shall
be
filed with the Illinois
Environmental
Protection
Agency’s Division of Legal Counsel at 1021
North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section 31.1 of the Act provides that any Petition for Review shall be filed within
thirty-five
(35)
days
of
the date
of
service
of this Administrative
Citation
or the Illinois
Pollution
Control Board shall enter a default judgment against the Respondents.
Pe~t~
C1~4~c~
Date:
______
Renee Cipriano,
Director
~JZ.c...
/
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
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA
No. 305-04-AC)
EARL and
NORMA MARTIN,
)
Respondents.
)
FACILITY:
Martin
Property
SITE
CODE NO.:
0958145002
COUNTY:
Knox
CIVIL
PENALTY:
$4,500.00
DATE OF INSPECTION:
May 10, 2004
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump
Inspection Checklist
County:
Knox
LPC#:
0958145002
Region:
3
-
Peoria
Location/Site Name:
Rio Township/Martin Property
Date:
05/10/2004
Time:
From
10:30AM
To
11:15AM
Previous
Inspection
Date:
05/07/2004
Inspector(s):
Jeff Port,_Dawn_Ingold, Gene Figge
Weather:
Overcast 70 Degrees
F
No. of Photos Taken:
#
30
Est. Amt. of Waste:
2100
yds3
Samples Taken:
Yes #
Interviewed:
No one Present
Complaint #:
C-2004-056, C-2004-057
Earl and
Norma
Martin
1260
Moshier
Galesburg, IL
61401
No~
RECEI
VED
JUN
1
~
2004
lb
PA
-
D
L
PC
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW
AIR
POLLUTION
IN ILLINOIS
fl
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
fl
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4.
12(d)
CREATE AWATER POLLUTION HAZARD
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
(2)
In Violation
of Any Regulations or Standards Adopted
by the Board
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON
ANY
WASTE, OR
TRANSPORT
ANY
WASTE INTO THE STATE
ATJTO SITES NOT MEETING REQUIREMENTS OF ACT
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
(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
E
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0958145002
Inspection Date:
05/10/2004
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
Demciitinn Oehris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or Waste
Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE
G
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP
AND
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMITAND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(fl)
PCB;
(E)
CIRCUIT COURT
CASE_NUMBER:
ORDER_ENTERED_ON:
(~
EL’JIL. ~
b”
~ignatureof Inspector(s)
Informational Notes
(
~-‘
Illinois
Environmental
Protection Act: 415 ILCS 5/4.
Illinois Pollution
Control Board: 35
III. Adm.
Code, Subtitle
G.
Statutory
and regulatory references herein
are provided for convenience only and should
not be construed as legal
conclusions
of the Agency oras 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.
15.
16.
OTHER:
21 (C)
Abandon any vehicle
in violation of the “Abandoned Vehicles
Amendment to the
Illinois Vehicle Code”
2.
3.
Revised 06/18/2001
(Open Dump
-
2)
0958145002
~-
Knox County
MartinProperty
May 10,
2004
p
Jeff
Port
~
age
JUN
Narrative
/
On May 10, 2004, I (Jeff
Port)
returned to the Martin property.
I arrived at the site at 10:30’AM.
The weather was overcast and warm,
approximately 60 °F. I was accompanied
by Dawn Ingold
and Gene
Figge DLPC/FOS-Peoria.
Mr. Figge brought
equipment to the site in
order to obtain
samples ofthe mosquito larvae.
As Mr. Figge obtained his samples, Mrs. Ingold and I continued
our inspection ofthe site.
Photographs
P1
through P9, P14,
and P15,
show various
abandoned
vehicles present
on
site.
Photographs
P4
and
PS
show two
trucks with vegetation growing up
through their engine compartments.
Above ground storage tanks can be seen in photograph PlO.
Photograph P11
shows a truck containing waste tires.
Photographs
P12 and P13 show the trench
containing
the
demolition
debris
observed
during
the
previous
inspection.
Photograph
P16
shows and accumulation ofscrap metal and a water heater.
After
Mr.
Figge
obtained
his
samples, we proceeded
to
another area of the
property that
we
believed had buried waste.
On the way to this area, we observed some waste that appeared to
be
buried.
Photographs
P17
and
P18
show
this
waste.
We then
located the other
area that
we
believed contained buried waste.
Photographs P19, P20, and P27 show piles oflandscape waste.
A large excavator was present at this location.
It
can be seen in photographs P21, P28 and P30.
A large trench had been dug here.
Photographs
P21
and P22 show the trench.
Photographs
P24
through
P26
show
areas
of disrupted
soils
where
waste
was
poking
through
the
surface.
Photograph P29 shows an accumulation of what appeared to
be wooden tracks for some type of
equipment.
After photographing this area, we left the site at approximately 11:15
AM.
The used tires were sampled to determine if mosquito larvae were present.
Sampling ofthe tires
revealed the presence oflarval mosquitoes of the Ochierotatus genus.
Other Ochierotatus larvae
were
collected
from
an
old
truck bed
that was holding water.
Pupae
were
also
found
in
this
sample
and
were
incubated
to
adulthood.
The
adult
mosquitoes
were
identified
as
being
Ochierotatus
Triseriatus
the Tree Hole
Mosquito.
Ochlerotatus
is
also
capable
of transmitting
WestNile Virus and is the primarycarrier ofLa Crosse encephalitis.
Photograph
locations
are
depicted
on
the
accompanying
site
maps.
Based
upon
these
inspections,
the
following
violations
were
observed
and
are
indicated
on
the
accompanying
checklists.
1.
Pursuant
to
Section
12(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/12(a)),
no
person
shall
cause or threaten or allow the discharge of any
contaminants
into
the
environment
in
any
State
so as
to
cause or
tend to
cause
water pollution
in
illinois,
either alone or in combination with matter from other sources, or so as to violate
regulations orstandards
adoptedby the Pollution Control Board under this Act.
A violation of Section
12(a)
of the
illinois
Environmental
Protection Act
(415
ILCS
5/12(a))
is alleged for the following reason:
By
allowing the accumulation of waste at
the site, Earl
and Norma
Martin threatened
water pollution in
Illinois.
0958145002
--
Knox County
Martin Property
May 10, 2004
Jeff
Port
Page 2
2.
Pursuant
to
Section
12(d)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/12(d)),
no
person
shall
deposit
any
contaminants
upon
the
land
in
such
place
and
manner so as to create a waterpollution hazard.
A
violation of Section
12(d) of the
Illinois
Environmental
Protection Act
(415
ILCS
5/12(d))
is alleged for the following reason:
By
allowing the accumulation of waste at
the site, Earl and Norma Martin created a water pollution hazard.
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 ofany waste.
A violation of Section
21(a) of the
Illinois
Environmental
Protection Act
(415
ILCS
5/21(a))
is
alleged
for
the
following
reason:
Earl
and
Norma
Martin
caused
or
allowed the open dumping of waste at the site.
4.
Pursuant
to
Section
2 1(c)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(c)),
no
person
shall Abandon
any vehicle
in violation of the
“Abandoned Vehicles
Amendment to the illinois Vehicle
Code”.
A
violation of Section
2 1(c) of the
Illinois
Environmental
Protection Act (415
ILCS
5/21(c))
is
alleged
for
the
following
reason:
Earl
and
Norma
Martin
caused
or
allowed
the
abandonment
of
vehicles
in
violation
of
the
“Abandoned
Vehicles
Amendment to the Illinois Vehicle Code”.
5.
Pursuant to
Section
21 (d)( 1) of the
Illinois
Environmental
Protection Act
(415 ILCS
5/21 (d)(1)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or
waste-
disposal
operation
without
a
permit
granted
by
the
Agency
or
in
violation
of any
conditions imposed by suchpermit.
A
violation of Section
21(d)(1)
is
alleged for the
following reason:
Earl
and
Norma
Martin conducted a waste-disposal operation
at the site without a permit granted by
the Agency.
6.
Pursuant
to
Section
21(d)(2) of the
Illinois
Environmental
Protection Act (415
LCS
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) is
alleged for the
following reason:
Earl and
Norma
Martin
conducted
a
waste-disposal
operation
in
violation
of Section
812.101(a) of
the Regulations.
7.
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
0958145002
--
Knox
County
Martin Property
May 10, 2004
JeffPort
Page
3
waste into this State for disposal, treatment, storage or abandonment, except at asite~
facility which meets the requirements of this Act
and
of regulations
and
standards
thereunder.
A
violation of Section
2 1(e) of the
illinois
Environmental Protection
Act
(415
ILCS
5/21(e)) is alleged for the following
reason:
Earl
and
Norma
Martin
conducted
a
waste-disposal
operation
at
a
site
that does not meet the
requirements
of Sections
12(a), 12(d), 21(a), 21(c),
21(d)(1), and
21(d)(2) of the Act and
Section
812.101(a) of
the Regulations.
8.
Pursuant to
Section
21(p)(1) of the
Illinois
Environmental Protection
Act
(415
ILCS
5/21Q)(1)), no person shall, in violation ofsubdivision (a) ofthis Section,
cause or allow
the open dumping ofany waste in a manner which results in litter.
The prohibitions spec~fled
in this subsection
~)
shall be enforceableby the Agency either
by administrative citation under Section 31.1 ofthis Act or as otherwise provided by this
Act.
The spec~f
Ic prohibitions
in
this
subsection do
not limit the power of the Board to
establish regulations or standards applicable to open dumping.
A violation ofSection 21Q,)(1) of the
Illinois
Environmental Protection Act (415 ILCS
S/2l(p)(l)) is alleged for the following reason:
The open dumping ofwaste was caused
or allowed in
a manner which resulted in
litter.
9.
Pursuant to
Section
21(p)(4) of the
illinois
Environmental Protection
Act
(415 ILCS
5/21(p)(4)), no person shall, in violation ofsubdivision (a) ofthis Section, cause or allow
the open
dumping of any waste
in
a
manner which results in the deposition of wastein
standing or flowing waters.
A violation ofSection 21(p)(4) ofthe
ilhinois
Environmental Protection Act (415 ILCS
5/21 (p)(4))
is alleged for
the following reason: The open dumping of waste was caused
or
allowed
in
a
manner which
resulted
in
the
deposition
of waste
in
standing
or
flowing waters.
10.
Pursuant
to
Section
21(p)(5) of the
Illinois
Environmental Protection Act
(415 1LCS
5/21(p)(5)), no person shall, in violation ofsubdivision
(a)
ofthis Section, cause or allow
the open dumping of any waste in
a manner which results in the proliferation of disease
vectors.
A violation of Section 21Q)(5) ofthe
fllinois
Environmental Protection Act (415 ILCS
5/21 (p)(5)) is alleged forthe following reason:
The open dumping ofwaste was caused
or allowed in
a manner which resulted in the proliferation ofdisease vectors.
11. Pursuant
to
Section 2l(p)(7) of the
Illinois
Environmental Protection Act (415 ILCS
5/21 (p)(7)),
no
person shall,
in
violation ofsubdivision (a) ofthis
Section, cause or allow
0958145002
--
Knox County
Martin Property
May 10, 2004
JeffPort
Page 4
the
open
dumping of any
waste
in
a manner which
results
in the
deposition of general
construction or demolition debris; or clean construction or demolition debris.
A violation of Section
21 @)(7) ofthe
Illinois
Environmental Protection Act (415 ILCS
5/21 (p)(7))
is alleged for the following reason:
The open dumping of waste was
caused
or allowed
in
a
manner which
resulted
in
the deposition of general construction or
demolition
debris
or
clean
construction or
demolition
debris
as defined
in
Section
3.160(b) of this Act.
12. Pursuant
to
Section
55(a)(
1) of the
Illinois
Environmental Protection Act (415 FLCS
5/55(a)(1)),
no
person shall cause or allow the open dumpingofanyused or waste tire.
A violation of Section 55(a)(1) of the
Illinois
Environmental Protection Act
(415 ILCS
5/55(a)(l))
is
alleged for the
following reason:
The
open dumping of waste tires was
caused or allowed.
13.
Pursuant
to
Section
812.101(a),
all
persons,
except
those
specifically
exempted
by
Section 21(d) ofthe Illinois
Environmental Protection Act (Act)
(ill. Rev.
Stat.
1991, ch.
1111/2, par.
1021(d)) 415
ILCS
5/21(d)
shall submit to the Agency an application for
a
permit
to
develop
and
operate a
landfill.
The applications must
contain
the information
required by this
Subpart and by
Section 39(a) ofthe Act, except as otherwise provided in
35
Ill.
Adm. Code 817.
A violation
ofSection
812.101(a) is
alleged for the following
reason:
Earl and Norma
Martin operated
a landfill at the site
without
submitting
an application
for a permit
to the Agency.
0958145002
--
Knox County
Site
Photographs
Martin Property
Page
1 of 15
FOS File
DATE:
May 10,
2004
TIME:
10:33AM
PHOTOGRAPHED BY:
JeffPort
DiRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE
NAME:
0958
145002’-05 102004-001 .jpg
COMMENTS:
DATE:
May
10, 2004
TIME:
10:33AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the
southwest.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE
NAME:
0958
145002-~05
102004-002.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958
145002—05 102004.doc
0958145002
--
Knox County
Site Photographs
Martin Property
Page 2 ~f 15
FOS File
DATE:
May
10,
2004
TIME:
10:34AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION~
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE
NAME:
0958
145002~-M5
102004-003.jpg
COMMENTS:
DATE:
May
10,
2004
TIME:
10:34AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE NAME:
Q958145002-~05
102004-004.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958 145002—~05
102004.doc
0958145002
--
Knox County
Site Photographs
Martin Property
Page 3 of 15
FOS File
DATE:
May
10,
2004
TIME:
10:35AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
0958 145002-~05
102004-005.jpg
COMMENTS:
DATE:
May 10,
2004
TIME:
10:35AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE
NAME:
0958 145002—05 102004-006.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958145002~-M5
102004.doc
0958145002
--
Knox
County
Site Photographs
Martin Property
Page 4 of 15
FOS File
DATE:
May
10,
2004
TIME:
10:35AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
0958
145002—~05
102004-007.jpg
COMMENTS:
DATE:
May
10,
2004
TIME:
10:36AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE
NAME:
0958145002—OS102004-008.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958145002—OS 102004.doc
0958145002
--
Knox County
Site Photographs
Martin Property
Page 5 of15
FOS
File
DATE:
May 10, 2004
TIME:
10:37AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph
taken
toward the southwest.
PHOTOGRAPH
NUMBER:
9
PHOTOGRAPH FILE NAME:
0958145002—OS 102004-009.jpg
COMMENTS:
DATE:
May
10,
2004
TIME:
10:37AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
towardthe southwest.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE
NAME:
0958145002—OS102004-010.jpg
COMMENTS:
DOCUMENT
FILE NAME:
0958145002—OS 102004.doc
0958145002
--
Knox
County
Martin Property
FOS File
DATE:
May 10, 2004
TIME:
10:38AM
PHOTOGRAPHED BY:
Jeff
Port
DIRECTION:
Photograph
taken
towardthe
east.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE
NAME:
0958
1450O2~—05102004-011 .jpg
COMMENTS:
DATE:
May
10, 2004
TIME:
10:39AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE
NAME:
0958145002—05102004-012.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958145002-415102004.doc
Site Photographs
Page
6o115
/
-
-
—
~
i—
,~y_~
._
-~
-
-
7
~
-
—
/
T
-
-
~
-‘:T
/
—
0958145002
--
Knox County
Site Photographs
Martin Property
Page
7 of
15
FOS File
DATE:
May 10, 2004
TIME:
10:39AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph
taken
toward the east.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILE NAME:
0958 145002—OS102004-013.jpg
COMMENTS:
DATE:
May 10,
2004
TIME:
10:42AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph
taken
toward the southwest.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH FILE
NAME:
0958145002—OS 1O2004-014.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958145002—OS 102004.doc
0958145002
--
Knox
County
Site Photographs
Martin Property
Page 8 of 15
FOS File
DATE:
May
10, 2004
TIME:
10:43AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph
taken
toward the southeast.
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE NAME:
0958145002—OS 102004-01 5.jpg
COMMENTS:
DATE:
May
10,
2004
TIME:
10:46AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the
south.
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE
NAME:
0958 145002—OS 102004-01 6.jpg
COMMENTS:
DOCUMENT FILE NAME:
0958 145002—OS102004.doc
0958145002
--
Knox County
Site Photographs
Martin Property
Page 9 of 15
FOS File
DATE:
May 10, 2004
TIME:
11:02AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the
northwest.
PHOTOGRAPH NUMBER:
17
PHOTOGRAPH FILE NAME:
0958145002—OS102004-017.jpg
COMMENTS:
DATE:
May 10, 2004
TIME:
11:02AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
towardthe
northwest.
PHOTOGRAPH NUMBER:
18
PHOTOGRAPH FILE
NAME:
0958145002—OS 1O2004-018.jpg
COMMENTS:
DOCUMENT FILE NAME:
0958145002—OS102004.doc
1’
1~
~J
~
.,_~-_~•--~•~___
~-
~~:~--
-•
-- -
~—~-~-
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—
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-
,_
‘-
~-~-
,-
—.
——~
-
-.--~
——
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-_,~
-c--
-~
~
j
V
*
‘-
-~
—--~
—--
-~-
—~.
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-
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—i-
I
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-
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-~
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-~-:~
~
~
~:j~~i
~
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~-~_~‘
-14
-
0958145002
--
Knox County
Site Photographs
Martin Property
Page
10 of15
FOS File
DATE:
May
10,
2004
TIME:
11:05AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
19
PHOTOGRAPH FILE
NAME:
0958145002—OS 1O2004-019.jpg
COMMENTS:
DATE:
May
10,
2004
TIME:
11:05AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
towardthe southwest.
-
PHOTOGRAPH NUMBER:
20
PHOTOGRAPH FILE NAME:
0958145002—OS 1O2004-020.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958145002—OS 102004.doc
0958145002
--
Knox County
Martin Property
FOS File
DATE:
May 10, 2004
TIME:
11:06AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
21
PHOTOGRAPH FILE NAME:
0958145002—OS102004-021.jpg
COMMENTS:
DATE:
May
10, 2004
TIME:
11:06AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph
taken
toward the northwest..
PHOTOGRAPH NUMBER:
22
PHOTOGRAPH FILE
NAME:
0958145002—OS 102004-022.jpg
COMMENTS:
Site Photographs
Page 11 of 15
DOCUMENT FILE NAME:
0958145002—OS 102004.doc
0958145002
--
Knox County
Site Photographs
Martin Property
Page 12 of 15
FOS File
DATE:
May 10, 2004
TIME:
11:07AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
23
PHOTOGRAPH FILE NAME:
0958145002—OS 102004-023.jpg
COMMENTS:
DATE:
May
10,
2004
TIME:
11:07AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
24
PHOTOGRAPH FILE
NAME:
0958145002—OS
1 02004-024.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958145002—OS 102004.doc
0958145002
--
Knox County
Site Photographs
Martin Property
Page 13 of 15
FOS File
DATE:
May 10, 2004
TIME:
11:08AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
25
PHOTOGRAPH FILE
NAME:
0958145002—OS1O2004-025.jpg
COMMENTS:
DATE:
May 10, 2004
TIME:
11:08AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph
taken
toward the southeast.
PHOTOGRAPH
NUMBER:
26
PHOTOGRAPH FILE NAME:
0958145002—OS 102004-O26.jpg
COMMENTS:
DOCUMENT FILE NAME:
09S8145002—OS102004.doc
0958145002
--
Knox County
Site Photographs
Martin Property
Page 14
of
15
FOS File
DATE:
May 10, 2004
TIME:
11:09AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
27
PHOTOGRAPH FILE
NAME:
0958145002—OS1 O2004-027.jpg
COMMENTS:
DATE:
May
10, 2004
TIME:
11:09AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
28
PHOTOGRAPH
FILE
NAME:
0958145002—OS 102004-028.jpg
COMMENTS:
DOCUMENT FILE NAME:
0958145002—OS102004.doc
0958145002
--
Knox County
Site Photographs
Martin Property
Page
15 of15
FOS File
DATE:
May
10,
2004
TIME:
11:10AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph
taken
toward the southeast.
PHOTOGRAPH NUMBER:
29
PHOTOGRAPH
FILE NAME:
0958145002—OS 102004-029.jpg
COMMENTS:
DATE:
May 10, 2004
TIME:
11:10AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
30
PHOTOGRAPH FILE NAME:
0958145002—OS102004-030.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958145002—OS102004.doc
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
Earl
& Norma Martin
IEPA DOCKET NO.
RESPONDENT
Affiant, Jeff Port,
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 May 10,
2004,
between 10:30 AM and 11:15 AM, Affiant
conducted an inspection of the open dump in Knox County,
Illinois,
known as the Martin Property,
Illinois
Environmental Protection Agency Site No. 0958145002.
3.
Affiant inspected said Martin Property open dump site by an
on-site inspection, which included walking and
photographing the site.
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 sa
Martin Prop
ty open dump.
Subscribed and Sworn to before
me this
)
day of
~tary
Pub
ic
0FFI(;IAI. SEAL
Lynnc
A.
-\nthony
Notary Public.
State
of Illinois
My Commission Expires
1/21/07
--wLr~fl~LrLr~
‘DC
V
4.
PROOF OF SERVICE
I hereby
certif~’
that I did on the 24th day ofJune2004, send by Certified Mail, Return Receipt
Requested, withpostagethereon
fully
prepaid,bydepositing inaUnited StatesPost OfficeBox atrue
and
correct
copy of the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, andOPENDUMP INSPECTION CHECKLIST
To:
Earl andNorma Martin
1260 Moshier
Galesburg, Illinois 61401
and the originalandnine (9)
true
and correct copies ofthe same foregoing instruments on the same
dateby Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 WestRandolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ry~
Special Assistant Attorney
General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois62794-9276
(217) 782-5544
THIS FILING SUBMITTED
ON RECYCLED PAPER

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