RECEflVED

ILLINOIS

ENMl~R9NMENT~Lj?ROTECTION

AGE~~K’S

OFFICE

Open

~.~jJj~

NOV

15

2004

;ounty:

Massac

LP

.

‘15

~j7\

Ln\LL1

~

.ocation/Site Name:

Metropolis/John Brown

Painting

Date:

04/07/2004

Time:

From

3:20 PM

To

3:27 PM

Previous

Inspection Date:

10/23/2003

Inspector(s):

K. Johnson

Weather:

Partly cloudy, mild, dry soil

No. of Photos Taken:

#

3

Est. Amt. of Waste:

25

yds3

Samples Taken:

Yes #

No

~

—

Interviewed:

Kim Brown

Complaint #:

C-04-045-M

John Brown

Painting

Responsible Party

955 Country Club Road

Mailing Address(es)

and

Phone

Metropolis, IL 62960

Number(s):

618/524-1026

U

SECTION

DESCRIPTION

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENC~v

1.

2.

9(a)

9(c)

CAUSE, THREATEN

OR ALLOWAIR

POLLUTION

IN

ILLINOIS

MAY ~ ~

~~OO4

CAUSE

OR ALLOW OPEN

BURNING

,

U

LIII

3.

12(a)

CAUSE, THREATEN

OR ALLOW WATER

POLLUTION

IN ILLINOIS

°LPC

U

4.

12(d)

CREATE A WATER POLLUTION HAZARD

U

5.

21(a)

CAUSE

OR ALLOW OPEN DUMPING

6.

21(d)

CONDUCT ANYWASTE-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 ANYWASTE, OR TRANSPORT ANY

WASTE INTO

THE

STATE AT/TO 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

LII

(3)

Open Burning

LI

(4)

Deposition_of Waste_in_Standing_or_Flowing Waters

LIII

(5)

Proliferation of Disease Vectors

-

LI

(6)

Standing or Flowing Liquid

Discharge

from the Dump

Site

Li

EXHIBIT

Revised

06/18/2001

(Open Dump

-

1)

1

---

LPC#

1270155057

Inspection Date:

04/07/2004

(7)

Deposition of General Construction or Demolition

Debris; orClean

Construction or

Demolition Debris

9.

55(a)

NO PERSON

SHALL:

(1)

Cause orAllow Open Dumping of Any Used or Waste Tire

U

(2)

Cause or Allow Open Burning of Any Used or Waste Tire

U

35

SUBTITLE 0

10.

812.1 01 (a)

FAILURE

TO SUBMIT AN APPLICATION

FOR A PERMIT TO DEVELOP AND

OPERATE A LANDFILL

11.

722.111

HAZARDOUS WASTE DETERMINATION

12.

808.1 21

SPECIAL WASTE DETERMINATION

13.

809.302(a)

ACCEPTANCE OF SPECIAL WASTE FROM

AWASTE TRANSPORTER WITHOUT A

WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM

REGISTRATION AND

PERMIT AND/OR MANIFEST

-

OTHER REQUIREMENTS

14.

APPARENT VIOLATION OF:

(LII)

PCB;

(LII)

CASE_NUMBER:

15.

OTHER:

a~~

Informational Notes

~t’gnatureof Inspector(s)

1.

Illinois

Environmental Protection Act: 415 ILCS

5/4.

2.

-

Illinois Pollution Control Board:

35

III. Adm. Code, Subtitle

G.

~3;

Statutory

and regulatory references herein are provided for convenience only and should

not be construed

as legal

conclusions

of the Agency or as limiting the Agency’s statutory or regulatory powers.

Requirements of some statutes

and regulations cited are in summary format.

Full text of requirements

can

be found

in references listed in

1.

and

2.

above.

4.

The provisions of subsection

(p) of Section

21

of the Illinois

Environmental PrOtection Act shall

be enforceable either

by administrative citation under Section 31.1

of the Act or by complaint under Section

31

of the Act.

5.

This inspection was conducted in accordance with Sections 4(c) and 4(d) of the Illinois

Environmental Protection Act:

415 ILCS

5/4(c)

and

(d).

-

6.

Items marked with an “NE” were not evaluated at the time of this

inspection.

Revised 06/18/2001

(Open Dump

-

2)

---

Bureau of Land

LPC

# 1270155057

—

Metropolis/John

Brown Painting

April 7, 2004

Open Dump Inspection Report Narrative

/

This unpermitted site was inspected on April

7, 2004 by this author representing the i~qcy.~

The investigation was conducted as a follow-up inspection to an October

23,

2003 inspecti6i~p0

that revealed the- open dumping and open burning ofdemolition debris and other solid waste.

The inspection took place from approximately 3:20 to 3:27

P.M., and

three photos

were taken

during that time Photos

001-003

.

Weather at the time ofthe inspection was partly cloudy and

mild with dry soil.

Ms.

Kim Brown was interviewed at the time of the inspection.

Trooper John

Hunt ofthe Illinois State Police accompanied me to the

site for security purposes.

No samples

were taken on this date.

General Remarks

This facility is located at

955

Country Club Road just north ofMetropolis, IL (62960).

The

property is apparently owned and operated by John Brown, who lives at and receives mail at the

above address.

Mr. Brown’s phone number is

618/524-1026,

his FAX number is

618/524-7973,

and his cell phone number is 270/366-2083.

This location serves as both

Mr. Brown’s residence

and a home base forhis

business, painting water towers.

On this date, a real estate sign was

present in the front yard, ~.ndMs. Brown said that they were selling their property due to

problems with neigh1~ors.

-

Inspection Findings

U

Trooper Hunt escorted me to the site, and we pulled into

the driveway.

Shortly thereafter, a

woman emerged from the house and asked if she could help us.

I identified myselfas well as the

nature ofthe inspection.

She later identified herself as Kim Brown, also indicating that she was

-

-

not aware ofany letters from the Illinois EPA.

I explained that the Agency’s certified letter was

unclaimed,

but did not return when it was re-sent via first class mail.

Ms. Brown surmised that

her son may have done something with it, thinking it was bad news from school, or her husband

may have kept it and not said anything about it.

Regardless, Ms. Brown indicated during this

inspection that she would take care ofthe clean-up herself.

After we discussed the letter and the background ofthe case, I advised Ms. Brown that

I would

like to go back and take a look at the debris pile.

She agreed, and accompanied me to the back of

the property while Trooper Hunt waited at the driveway.

I advised

Ms. Brown that additional

information had been received to indicate that new waste had been brought to the site.

She

pointed out that the pile was unchanged; the pile did appear to be

in largely the same condition as

Page

I

---

LPC # 1270155057

—

April 7, 2004 open dump inspection report

the previous inspection in October 2003

Photos

00l-003.

The pile was approximately 20’ in

diameter, containing an estimated 25 cubic yards ofwaste.

Ms.

Brown said that the ground had

been too wet to allow for clean-up, but that she would personally take care oforganizing the

clean-up.

I finished making site observations, answered Ms. Brown’s questions with regard to

the logistics ofcompleting the clean-up,

and left the site shortly thereafter.

Trooper Hunt left the

site at the same time.

Summary of Inspection Findings

On this date, the pile did not appear to have been burned recently. and there did not appear to be

newwaste added to the pile.

Since no evidence of open burning was noted, the violations

relating to open burning will be considered technically resolved as ofthe date of this inspection.

Forreference, those alleged violations resolved are Sections 9(a). 9(c). and 2l(p)(3) ofthe

Illinois

Environmental Protection Act (the Act).

It

is noted

that soil conditions

were dry on this

date, and the previous inspection was conducted nearly six months

prior to this date.

In addition,

there has been no documentation provided to indicate the proper disposal ofeither the demolition

debris orthe blasting media noted during the previous inspection.

Therefore, the open dumping

violations and permit violations will remain outstanding at this time.

Violations of Sections 21(a), 21@)(l),

and 2l(p)(7) are being cited because waste, specifically.

demolition debris and blasting media, has been open dumped at this site, resulting in litter.

Violations ofSections 21 (d)(1) and

812.101(a) are being cited because waste has been brought to

this site,

in

spite ofthe fact that this facility is not a permitted waste-storage or waste-disposal

facility.

Further, no application for a permit has apparently been submitted for this facility.

Violations ofSections 21(d)(2) and 2 1(e) are being cited because violations ofthe Act and

35

Ill.

Adm. Code were observed at the time ofthis inspection.

Page

2

---

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

SITE SKETCH

Inspection

Date:

A~e~I

~

Zoo’(

Inspector:

K

Y

LPC

#:

l~7

oi6

5~5~

County:

ftla~

Site Nàme:í

e+ropO~/~~

~

Po~4kj

(3

NORTH

to

-

4~~A4~

~

/Vk4r~p~j~)

i

I

&

____ç.o~~+r~

C~ttA~~

~-0Q~d

Site sketch

is not to

scale.

—

-

—

---

LPC

#

1270155057

—

Massac County

Metropolis/John Brown Painting

FOS File

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE:

4/7/04

TIME: 3:22 PM

DIRECTION:

Northwest

PHOTO by: K.

Johnson

PHOTO FILE

NAME:

12701 55057-M4072004-001

DATE: 4/7/04

TIME: 3:22 PM

DIRECTION: North-

PHOTO by:

K. Johnson

PHOTO FILE NAME:

12701 55057~04072004-002

COMMENTS:

---

LPC #

1270155057

—

Massac County

Metropolis/John Brown Painting

FOS File

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE: 4/7/04

TIME:

3:23 PM

DIRECTION:

North-

northwest

PHOTO

by: K. Johnson

PHOTO

FILE

NAME:

1270155057~-O4072004-003

COMMENTS: