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 James R. Thompson
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 . Any 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 theATTENTION: DIVISION OF LEGAL COUNSEL .
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice law. Individuals may
appear on their own behalf, or through an attorney . 35 III. Adm
.
Code 101 .400(a)
.
RECEIVED
CLERK'S OFFICE
APR 0 3 2006
PollutionControlBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 0 3 2006
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
)
AC
V .
)
(IEPA No. 72-06-AC)
ROBERT J. KERKER and DALE KERKER,
)
d/b/a KERKER CONSTRUCTION,
)
Respondents .
)
NOTICE OF FILING
To
:
Robert J. Kerker
Dale Kerker, d/b/a/ Kerker Construction
RR 1, Box 76
99 West Green Street
Huntsville, IL 62344
Augusta, IL 62311
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,
RECEIVED
CLERK'S OFFICE
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated
:
March 31, 2006
ADMINISTRATIVE CITATION
V aV
.
llb
.
.chel
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V
.
)
(IEPA No. 72-06-AC)
ROBERT J. KERKER and DALE KERKER, )
dlb/a KERKER CONSTRUCTION,
)
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 (2004) .
FACTS
1
.
That Robert J . Kerker is the present owner and Dale Kerker, d/b/a Kerker
Construction, is the present operator (collectively "Respondents") of a facility located in the SE
quarter of Section 25 in Birmingham Township, T.3 N., R.4 W in Schuyler County, Illinois. The
property is commonly known to the Illinois Environmental Protection Agency as Kerker, Robert
.
2 .
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No . 1698015003 .
3
.
That Respondents have owned and/or operated said facility at all times pertinent
hereto .
4 .
That on February 24, 2006, Robert Wagner of the Illinois Environmental Protection
Agency's Springfield Regional Office inspected the above-described facility. A copy of his
RCC"EIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 0 3 2006
STATE OF ILLINOIS
ADMINISTRATIVE CITATION
Pollution Control Board
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by Robert Wagner during the course of his February
24, 2006 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)
(2)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS
5/21 (p)(3) (2004) .
(3)
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)
(2004)
.
That Respondents caused or allowed the open dumping of waste in a manner
resulting in the deposition of general construction or demolition debris ; or clean
construction demolition debris, a violation of Section 21 (p)(7) of the Act, 415 ILCS
5/21 (p)(7) (2004).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), 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
2
specified above shall be due and payable no later than May 15, 2006, 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 (2004), and if the Illinois
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) (2004), 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, 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
.
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 Respondents 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 (2004) . 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
.
Douglas P. cott, Director ,*"r%A.
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
Date :
31-31
1o
4
FACILITY:
Kerker, Robert
SITE CODE NO
.
:
1698015003
COUNTY :
Schuyler
CIVIL PENALTY :
$4,500.00
DATE OF INSPECTION
:
February 24, 2006
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
.
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
ROBERT J. KERKER and DALE KERKER,
)
d/b/a KERKER CONSTRUCTION,
)
Respondents .
)
5
AC
OG
(IEPA No. 72-06-AC)
RECEIVED
CLERK'S OFFICE
APR 0 3 2006
STATE OF
ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
:
)
IEPA DOCKET NO
.
RESPONDENT
)
Affiant, Robert J. Wagner, 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 February 24, 2006, between 10 :10 a .m. and 11 :15
a .m., Affiant conducted an inspection of the open dump in
Hancock County, Illinois, known as Kerker, Robert, Illinois
Environmental Protection Agency Site No. 1698015003
.
3
.
Affiant inspected said Kerker, Robert open dumpsite by
an on-site inspection, which included walking the site and
photographing the site
.
4
.
As a result of the activities referred to in
Paragraphs 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
clusions with respect to
Kerker,
Robert open dump
.
me this
/5
-
r)\
day of
/~6?Y-
CA
OFFICIAL
Sent .
Carolyn S . ScIiIueICr
Notary Public State of Illinois
. My Commission F':pircs 8/20/07
No. of Photos Taken: #
16
Interviewed :
Dale Kerker
Latitude: 40.21358
(Example
:
Lat .: 41 .26493
Responsible Party
Mailing Address(es)
and Phone Number(s)
:
Revised 10/5/2005
ILLINUI, tNVIKUNMtN I AL t'HU I tt. I KIN AUtNUY
Open Dump Inspection Checklist
County :
Schuyler
LPC# :
1698015003
Region :
5 - Springfield
Location/Site Name
:
Birmingham TW P/Kerker, Robert
Date :
02/24/2006 Time: From 10:10 AM
To 11 :15 AM
Previous Inspection Date
:
Inspector(s)
:
Robert J. Wagner
Weather :
Sunny, Dry 45 F
Est. Amt. of Waste: 207
yds3
Samples Taken: Yes #
No
Complaint # :
Longitude :
-90.79435
Collection Point Description
:
Collection Method
:
-
Long .: -89.38294)
Robert J. Kerker
RR 1, Box 76,
Huntsville, IL 62344,
217-392-2498
(Open Dump -
1 )
Kerker Excavating
Dale Kerker
99 West Green Street
Augusta, Illinois, 62311
SECTION
DESCRIPTION
VIOL
1
.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
0
2 .
9(c)
CAUSE OR ALLOW OPEN BURNING
0
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
ON
6
.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION
:
(1)
Without a Permit
FA
(2)
In Violation of Any Regulations or Standards Adopted by the Board
0
7 .
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
FII
8 .
21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN AMANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE :
(1)
Litter
11115
(2)
Scavenging
(3)
Open Burning
0
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
LPC #
1698015003
Inspection Date :
02/24/2006
Informational Notes
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 10/5/2005
(Open Dump - 2)
(7)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
Dpmnlitinn Debris
OR
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 A
Used or Waste Tire
ILL
UIR
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATEA LANDFILL
~~
11 .
722.111
HAZARDOUS WASTE DETERMINATION
12 .
808.121
SPECIAL WASTE DETERMINATION
13 .
14 .
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
APPARENT VIOLATION OF :
(
PCB ; (
CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15 .
OTHER :
1698015003 -- Schuyler County
Kerker, Robert
FOS
Prepared By: Robert J. Wagner
Inspection Date: February 24, 2006
Page 1
Narrative
On February 24, 2006, I inspected property owned by Robert J . Kerker. The property is located
in Schuyler County in the SE quarter of Section 25 in Birmingham Township, T. 3 N., R. 4 W .
(See location map and attached property deed) . For the purpose of this report, the property will
be referred to as the Kerker Property. Dale Kerker of Kerker Construction participated in the
inspection .
The inspection was a result of a referral from Alan Grimmett, BOA-Asbestos. The Village of
Augusta had three buildings located in the center of town
.
These building are commonly
referred to as one building, the Weinberg Building . They were located at 603, 605, and 607
Main Street . The building was demolished by Kerker Construction under the guidance of V3
Companies .
Before this inspection, Mr. Grimmett was at the Weinberg Building doing an
asbestos inspection. He suspected that the demolition debris from the Weinberg Building was
not taken to an IEPA permitted landfill for disposal. Mr. Grimmett was unable to determine
where the demolition debris was being taken so he called the Peoria Regional Office and told me
of his concerns
.
I went to Augusta to investigate Mr. Grimmett's concern regarding the disposal of the demolition
debris .
I arrived at the Weinberg Building site and observed that the building had been
demolished and some to the demolition debris was buried on site . While at the site I met Mr
.
Dale Kerker. Mr. Kerker is the owner and operator of Kerker Construction . I identified myself
to Mr. Kerker and told him why I was visiting the demolition site . Mr. Kerker told me that he
wanted to cooperate with the investigation .
He explained that he had taken two loads of
demolition debris to BackRidge Landfill in La Grange, Missouri and the rest of the demolition
debris was taken to his father's farm (Robert J. Kerker) and burned .
He told me that Tony
Dappas of V3 Companies told him that he could take the material out to his father's farm and
burn it .
Using his cellular telephone, Mr. Kerker called Mr. Dappas .
After a brief conversation,
Mr. Kerker handed me his cellular phone and said I should speak to Mr . Dappas. Mr. Dappas
identified himself to me as the consultant overseeing the demolition project
.
Mr. Dappas
informed me that he did tell Mr. Kerker that it was OK to take the demolition debris out to the
farm and bum it as a form of recycling
.
I told Mr. Dappas that it is illegal to dispose of
demolition debris using that method. I told Mr. Dappas that the demolition debris that was being
buried where the Weinberg Building stood could not be done without meeting the proper
regulatory requirements . Mr. Dappas took the name of my immediate supervisor and phone
number. After that information was exchanged, the conversation ended
.
Mr. Kerker took me to his father's farm where the demolition debris had been dumped and
burned (see attached location map). Upon arrival, I observed the charred remains of demolition
debris, processed wood, metal debris, and paper. The burned demolition debris had been pushed
into a ravine. The debris was still on fire . The area was approximately 70 feet long by 40 feet
1698015003 -- Schuyler County
Kerker, Robert
FOS
Prepared By: Robert J. Wagner
Inspection Date: February 24, 2006
Page 2
wide by 2 feet deep (207 yd 3) . Mr. Kerker said that there was only 2 feet of demolition debris in
the ravine
.
Photographs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 show the property
.
Photographs 4 and 12 show the tractors that were used at the site
.
After walking and photographing the dumpsite, I spoke briefly with Mr . Kerker about properly
cleaning up the Kerker Property . I told him all the material had to be removed and taken to an
IEPA permitted landfill
.
Mr. Kerker said the demolition debris was going to be taken to
Envirofil in Macomb, Illinois for disposal . He explained why he dumped and burned the
demolition debris. Mr. Kerker said that he was going to originally bid the demolition job for a
little over $100,000.00 dollars but Mr. Dappas asked him to bid lower because he could take
most of the demolition debris out to the farm and burn it . Mr. Kerker bid approximately $80,000
dollars to get the job
. Mr. Kerker took out his copy of the bid specification and we briefly
discussed the Weinberg Building site
.
Mr. Kerker pointed out that face brick could be
segregated from the demolition processes and used as backfill
.
In addition, in the same
paragraph he read that incidental debris consisting of wood, roofing shingles, plaster, window
frames, piping, doors, cannot be used as backfill material (see attachment A) . I left the site at
11:15 AM
.
The following alleged violations were observed and indicated on the open dump inspection
checklist
:
1
.
Pursuant to Section 9(a) of the (Illinois) Environmental Protection Act (415 ILCS
5/9(a)), no person shall cause or threaten' or allow the discharge or emission of any
contaminant into the environment in any State so as to cause or tend to cause air pollution
in Illinois, either alone or in combination with contaminants from other sources, or so as
to violate regulations or standards adopted by the Board under this Act
.
A violation of Section 9(a) is alleged for the following reason
: Dale Kerker as operator
and Robert Kerker as owner allowed the discharge or emission of contaminants into
the environment so as to cause or tend to cause air pollution in Illinois
.
2
.
Pursuant to Section 9(c) of the (Illinois) Environmental Protection Act (415 ILCS
5/9(c)), no person shall cause or allow the open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any refuse in any chamber
not specifically designed for the purpose and approved by the Agency pursuant to
regulations adopted by the Board under this Act
.
A violation of Section 9(c) is alleged for the following reason
: Dale Kerker as operator
and Robert Kerker as owner allowed the open burning of refuse
.
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 of any waste
.
1698015003 --
Schuyler County
Kerker, Robert
FOS
Prepared By : Robert J. Wagner
Inspection Date: February 24, 2006
Page 3
A violation of Section 21(a) is alleged for the following reason
: Dale Kerker as
operator and Robert Kerker as owner allowed the open dumping of waste
.
4 .
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 such permit
.
A violation of Section 21(d)(1) is alleged for the following reason
: Dale Kerker as
operator and Robert Kerker as owner conducted a waste-treatment and waste-
disposal operation without a permit granted by the Agency .
5
.
Pursuant to Section 21(d)(2) of the {Illinois} Environmental Protection Act (415 ILCS
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
: Dale Kerker as
operator and Robert Kerker as owner conducted a waste-treatment and waste-
disposal operation in violation of regulations adopted by the Illinois Pollution
Control Board .
6 .
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
waste into this State for disposal, treatment, storage or abandonment, except at a site or
facility which meets the requirements of this Act and of regulations and standards
thereunder
.
A violation of Section 21(e) is alleged for the following reason : Dale Kerker as
operator and Robert Kerker as owner treated and disposed of waste at a site which
does not meet the requirements of the Act and regulations thereunder
.
6 .
Pursuant to Section 21(p)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(1)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in litter
.
The prohibitions specified in this subsection (p) shall be enforceable by the Agency either
by administrative citation under Section 31 .1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping
.
A violation of Section 21(p)(l) is alleged for the following reason
: Dale Kerker as
operator and Robert Kerker as owner allowed the open dumping of waste in a
manner which resulted in litter .
1698015003 -- Schuyler County
Kerker, Robert
FOS
Prepared By: Robert J. Wagner
Inspection Date: February 24, 2006
Page 4
8
.
Pursuant to Section 21(p)(3) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(3)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in open burning
.
A violation of Section 21(p)(3) is alleged for the following reason
: Dale Kerker as
operator and Robert Kerker as owner allowed the open dumping of waste in a
manner which resulted in open burning
.
9
.
Pursuant to Section 21(p)(7) of the (Illinois) Environmental Protection Act (415 ILCS
5/21(p)(7)) no person shall cause or allow the open dumping of waste in a manner that
results in deposition of (i) general construction or demolition debris as defined in Section
3.160(a) of this Act ; or (ii) clean construction or demolition debris as defined in Section
3.160(b) of this Act .
A violation of Section 21(p)(7) is alleged for the following reason
: Dale Kerker as
operator and Robert Kerker as owner allowed the open dumping of waste in a
manner that resulted in deposition of general construction or demolition debris as
defined in Section 3.160(a) of this Act .
10
.
Pursuant to 35 Ill. Adm. Code 812.101(a), all persons, except those specifically exempted
by Section 21(d) of the {Illinois} Environmental Protection Act, shall submit to the
Agency an application for a permit to develop and operate a landfill
.
A violation of 35 Ill. Adm. Code 812.101(a) is alleged for the following reason
: Dale
Kerker as operator and Robert Kerker as owner did not submit to the Agency an
application for a permit to develop and operate a landfill .
1698015003 -- Schuyler County
Kerker, Robert
Robert J. Wagner
Site Sketch
February 24, 2006
9
10
11
15
R4
5
A'
R
13
FILL AREA
4
1698015003- Schuyler County
Kerker, Robert
FOS
DATE: February 24, 2006
TIME: 10:12 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION: Photograph taken toward
the west.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE NAME:
1698015003--02242006-001 .jpg
COMMENTS :
DATE: February 24, 2006
TIME: 10:12 AM
PHOTOGRAPHED BY :
Robert I Wagner
DIRECTION: Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER :
2
PHOTOGRAPH FILE NAME :
1698015003-02242006-002.jpg
COMMENTS :
DOCUMENT FILE NAME:
---------- -------- -
Site Photographs
Page 1 of 8
1698015003 - Schuyler County
Kerker, Robert
FOS
DATE: February 24, 2006
TIME: 10:12 AM
PHOTOGRAPHED BY :
Robert 1. Wagner
DIRECTION: Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER :
3
PHOTOGRAPH FILE NAME :
169801500302242006-003 .jpg
COMMENTS :
DATE : February 24, 2006
TIME: 10:12 AM
PHOTOGRAPHED BY :
Robert 1 Wagner
DIRECTION: Photograph taken toward
the south
PHOTOGRAPH NUMBER : 4
PHOTOGRAPH FILE NAME:
1698015003-02242006-004 .jpg
COMMENTS :
Site Photographs
Page 2 of 8
DATE: February 24, 2006
TIME: 10:13 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION : Photograph taken toward
the northwest
.
PHOTOGRAPH NUMBER: 5
PHOTOGRAPH FILE NAME:
1698015003--02242006-005Jpg
COMMENTS :
DATE: February 24, 2006
TIME: 10:13 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION: Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER: 6
PHOTOGRAPH FILE NAME :
1698015003--02242006-006 .jpg
COMMENTS:
1698015003 -- Schuyler County
Kerker, Robert
FOS
DOCUMENT FILENAME :
---------- -------- -
Site Photographs
Page 3 of 8
1698015003- Schuyler County
Kerker, Robert
FOS
DATE: February 24, 2006
TIME: 10:13 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION: Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER: 7
PHOTOGRAPH FILE NAME :
1698015003--02242006-007.jpg
COMMENTS :
DATE : February 24, 2006
TIME: 10:13 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION: Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER :
8
PHOTOGRAPH FILE NAME :
1698015003--02242006-008.jpg
COMMENTS :
DOCUMENT FILE NAME :
Site Photographs
Page 4 of 8
1698015003- Schuyler County
Kerker, Robert
FOS
DATE: February 24, 2006
TIME: 10:14 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION: Photograph taken toward
the southeast .
PHOTOGRAPH NUMBER: 9
PHOTOGRAPH FILE NAME
:
1698015003--02242006-009.jpg
COMMENTS
:
DATE : February 24, 2006
TIME: 10:14 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION: Photograph taken toward
the northeast
PHOTOGRAPH NUMBER: 10
PHOTOGRAPH FILE NAME :
1698015003--02242006-010 .jpg
COMMENTS:
DOCUMENT FILE NAME:
Site Photographs
Page 5 of 8
DATE: February 24, 2006
TIME: 10:14 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION: Photograph taken toward
the north .
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
1698015003-02242006-011 .jpg
COMMENTS :
DATE: February 24, 2006
TIME: 10:14 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION: Photograph taken toward
the northeast
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE NAME:
1698015003-02242006-012.jpg
COMMENTS:
1698015003 - Schuyler County
Kerker, Robert
FOS
DOCUMENT FILE NAME :
Site Photographs
Page 6 of 8
1698015003 - Schuyler County
Kerker, Robert
FOS
DATE: February 24, 2006
TIME: 10:20 AM
PHOTOGRAPHED BY :
Robert I Wagner
DIRECTION: Photograph taken toward
the northwest
PHOTOGRAPH NUMBER : 13
PHOTOGRAPH FILE NAME :
1698015003-02242006-013 .jpg
COMMENTS:
DATE : February 24, 2006
TIME: 10:20 AM
PHOTOGRAPHED BY :
Robert I Wagner
DIRECTION: Photograph taken toward
the northwest
.
PHOTOGRAPH NUMBER: 14
PHOTOGRAPH FILENAME :
1698015003--02242006-014 .jpg
COMMENTS :
DOCUMENT FILE NAME :
---------- -------- -
Site Photographs
Page 7 of 8
1698015003 - Schuyler County
Kerker, Robert
FOS
DATE: February 24, 2006
TIME: 10:20 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION : Photograph taken toward
the southwest.
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE NAME:
1698015003-02242006-015jpg
COMMENTS :
DATE : February 24, 2006
TIME: 10:21 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION: Photograph taken toward
the southwest
.
PHOTOGRAPH NUMBER: 16
PHOTOGRAPH FILE NAME :
1698015003-02242006-016.jpg
COMMENTS :
DOCUMENT FILE NAME:
Site Photographs
Page 8 of 8
PROOF OF SERVICE
I hereby certify that I did on the 31st day of March 2006, send by Certified Mail, Return Receipt
Requested, with postage thereon fully prepaid, by depositing in a United States Post Office Box a true
and correct copy of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To
:
Robert J. Kerker
Dale Kerker, d/b/a/ Kerker Construction
RR 1, Box 76
99West Green Street
Huntsville, IL 62344
Augusta, IL 62311
and the original 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
:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
