RECEIVED

CLERK’S OFFICE

MAY

13

2005

BEFORE

THE ILLTh4OIS POLLUTION CONTROL

BO~lfRrE

OF ILLINOIS

Pollution

Control Board

KAPP,

INC., an Illinois

)

Corporation,

)

)

Complainant,

)

PCBO5-

_____

)

HARTLEY

CARLTON,

individually,

)

(Enforcement

—

Land)

and d/b/a ONE HOUR CLEANERS,

)

)

Respondent.

)

NOTICE

OF FILING

TO:

SEE PERSONS ON ATTACHED

SERVICE LIST

PLEASE TAKE NOTICE that Ihave today filedwith the Office ofthe Clerk of

the Illinois Pollution Control Board an original and nine copies each ofthe

COMPLAINT of KAPP, INC., ENTRY OF APPEARNACE

OF

CHRISTINE

G.

ZEMAN and ENTRY

OF

APPEARANCE

OF J.

RANDLE

SCifiCK,

copies of

which are herewith served upon you.

Failure to file an answer to this complaint within 60 days may have severe

consequences.

Failure to answer will mean that all allegations in the complaint will be

taken as if admitted for purposes ofthis proceeding.

If you have any questions about this

procedure, you should contact the hearing officer assigned to this proceeding, the Clerk’s

Office or an attorney.

Respectfully submitted,

KAPP, INC.,

Complainant,

Dated:

May 11, 2005

By:

__________________

.~)neof Its Attorneys

Christine G. Zeman

J. Randle Schick

Of Counsel

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box

5776

Springfield, Illinois

62705-5776

(217)

523-4900

THIS FILING SUBMITTED ON RECYCLED PAPER

---

CERTIFICATE OF SERVICE

I, J. Randle Schick, the undersigned, certify that I have served the attached

COMPLAINT, ENTRY OF APPEARANCE

OF CHRISTINE G. ZEMAN and ENTRY

OF APPEARANCE OF J. RANDLE SCHICK, upon:

Ms. Dorothy M. Gunn

Clerk ofthe Board

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, Illinois

60601

by placing said copies

in the United States Mail, postage prepaid, in

Springfield, Illinois

on May 11, 2005;

and, upon:

Mr. Hartley L. Canton

91

Ridge Lane Drive

Decatur, Illinois

62521

by registered certifiedmail by placing said copies in the United States Mail, postage

prepaid, in Springfield, Illinois on May 11, 2005.

J. Randle Schick

KAPP:OO1/Fil/NOF &

COS

-

Complaint

2

---

RECEIVED

CLERK’S OFFICE

MAY

132005

BEFORE THE ILLINOIS POLLUTION CONTROL

1~TA1~E~OF

ILLINOIS

Pollution

Control Board

KAPP, INC., an Illinois

)

Corporation,

)

)

Complainant,

)

v.

)

PCBO5-

_____

)

HARTLEY CARLTON, individually,

)

(Enforcement

—

Land)

and dlb/a ONE HOUR CLEANERS,

)

)

Respondent.

)

COMPLAINT

NOW COMES the Complainant, KAPP,

INC., by its attorneys, HODGE

DWYER ZEMAN, pursuant to Section 31(d) ofthe Illinois Environmental Protection Act

(“Act”)

(415

ILCS

5/31(d)),

and 35

Ill. Admin. Code

§

103.200, and for its Complaint

against HARTLEY CARLTON, individually,

and dib/a ONE HOUR CLEANERS, states

as follows:

GENERAL

ALLEGATIONS

1.

Complainant,

KAPP, INC.,

(hereinafter referred to as “Kapp”) is an

Illinois

Corporation in good standing.

2.

Respondent, HARTLEY CARLTON, is an individual person, and at all

time relevant herein was doing business as One Hour Cleaners (hereinafter referred to

as

“Canton”).

3.

At all times relevantherein, Kapp has owned real estate which is located

at the southwest corner ofWest Grand Avenue and North Oakland Avenue in Decatur,

Macon County,

Illinois (hereinafter referred to as “the Site” or “Kapp’s property.”)

---

4.

The Site encompasses more than one

(1) acre and is composed ofeight (8)

parcels, as shown on the plat and legal description attached hereto and made a parthereof

as Exhibit A.

5.

At all relevanttimes herein, Kapp has rented commercial retail and office

space to various businesses and not-for-profit entities at each offive

(5)

addresses at the

Site, and these five

(5)

rental spaces are depicted in Exhibit B, attached hereto and made

a part hereof.

6.

Starting on or before 1979, Carlton operated a coin operated Laundromat

at the

1285 North Oakland address, and from 1989 to November 2001, Canton operated a

dry cleaning business at the

1133 West Grand address, depicted in Exhibit B,

which he

rented from Kapp (“Carlton’s facility”).

7.

On or about May 2000, Kapp entered into negotiations with a potential

buyer to purchase all or a portion ofthe Site from Kapp.

8.

Preliminary to that sale of the Site, Kapp and potential buyer cOntracted

with Environmental Audits and Consultants,

Inc. (“EACI”) to conduct a Phase I

Environmental Site Assessment (“ESA” or “Phase I Report”) ofthe Site.

9.

The purpose of the ESA was to gather background information about the

Site and the surrounding area and to identify any present or potential sources ofadverse

environmental impact on the soil, air, surface water and/or groundwater at, or adjacent to

the Site.

10.

Based upon its investigation, EACI found evidence ofrecognized

environmental conditions at the Site, including Canton’s dry cleaning facility, that could

potentially have impacted the Site and sale.

2

---

11.

In its Phase I Report, dated May 18, 2000, EACI stated that at the Carlton

dry cleaning facilitythat it found one (1)

100-gallon tank, which Mr. Carlton stated had

contained and stored tetrachioroethene (“PERC”) several months ago.

EACI also

found

other chemicals in the chemical storage area ofthe Canton facility, including bleach and

tnichioroethene (“TCE”), and observed staining on the concrete in this area.

12.

Based on a recommendation in its Phase IReport, EACI conducted a

Phase II Environmental Site Assessment (“Phase II Report”) for Carlton’s dry cleaning•

facility on June 7, 2000.

13.

Two (2) soil borings were obtained by EACIfrom the south side ofthe

Carlton facility at the location as shown in Exhibit B,

and both borings exhibited dry

cleaning contaminants (PERC

and TCE) in excess ofthe 35

Ill. Admin. Code Part 742,

Tier I Soil Remediation Objectives for Migration to Class I Groundwater and one (1) of

the borings was found to contain groundwater with concentrations ofPERC, ICE and

chloroform in excess ofTier I groundwater remediation objectives.

14.

The source ofthe release was identified in EACI’s June 27, 2000, Phase II

Report as Carlton’s dry cleaning facility.

15.

On or about June 2002, Carlton retained Northern Environmental

Technologies, Inc.

(“Northern”) to conduct a Focused Site Investigation (“FSI”) at 1133

West Grand Avenue, Decatur, Illinois.

16.

Northern advanced fifteen

(15)

soil boreholes and installed ten (10)

monitoring wells,

and sampled them to investigate the horizontal and vertical extent of

released PERC and TCE.

3

---

17.

Northern in its June

18,

2002, FSI concluded from its investigation that the

primary source of the release ofPERC and ICE

is located immediately outside the rear

doorof Canton’s dry cleaning facility, and that secondary sources ofPERC and ICE

contamination include the former coin-operated dry cleaning operations, sanitary sewer

lines and the former dry cleaning machine and hazardous waste storage associated with

Canon’s business.

18.

Northern concluded in its June 18, 2002, FSI that approximately 15,000

cubic yards ofsoil at the Site exceed the 35 Ill.

Admin. Code Part 742 Tier I Soil

Component ofthe Groundwater Ingestion Remedial Objectives for Class II Groundwater

for PERC and ICE,

as well as the Remedial Objectives for residential inhalation and

ingestion, industrial/commercial inhalation and ingestion and construction worker

inhalation route for PERC.

ICE in the soil at the Site also exceeds the Tier I Soil

Component ofthe Groundwater Ingestion Remedial Objective for Class II groundwater,

as well as chloroform in the soil at the

Site for that objective.

19.

Northern also

concluded in the FSI that concentrations ofPERC

exceeded

the Tier I Groundwater Remediation Objectives for Class II groundwater in an off-site

monitoring well located south

of 1133 West Grand Avenue.

20.

Despite a fmding ofa “significantvolume of contaminated soil at the Site”

in the June 2002,

FSI, Canton has failed to initiate remedial actions, despite numerous

communications from Kapp urging him to do so, at the Site.

21.

Canlton has not prepared a final corrective action plan that has been

approved by IEPA for the remediation of the PERC, ICE and chloroform contaminating

the Kapp property and property adjoining it.

4

---

22.

Canton has filed claims forreimbursement and received reimbursement

for the Focused Site Investigation and a Remedial Objectives Report, dated June 18,

2002, also prepared by Northern from the Drycleaners Environmental Response Trust

Fund Council ofIllinois.

23.

The contamination of the Site was caused by the acts and omissions of

Canton, in whole on in part, in causing or allowing the improperdisposal and release of

PERC, TCE and chloroform waste into the environment from his dry cleaning and coin

operated laundromat businesses.

COUNT I:

415

ILCS

5/12(a)

1-23.

Complainant hereby realleges and incorporates

the allegations of

Paragraphs

1

through 23 ofthe General Allegations above as Paragraphs

1

through 23 of

Count I.

24.

Section 12(a) of the Act, 415 ILCS

5/12(a), provides that no person shall:

(a)

Cause

on

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

on

in

combination

with

matter

from

other

sources,

or

so

as

to

violate

regulations

or

standards adoptedby the Pollution Control Board under this Act.

415 ILCS 5/12(a).

25.

Section 3.165 of the Act, 415 ILCS 5/3.165, defmes “contaminant” as

follows:

5

---

“CONTAMINANT” is any solid, liquid, orgaseous matter, any odor, or

any form of energy, from whatever source.

415 ILCS 5/3.165.

26.

Section 3.185 ofthe Act, 415 ILCS 5/3.185, defines “disposal” as follows:

“DISPOSAL” means the discharge, deposit,

injection,

dumping,

spilling,

leaking or placing of any waste or hazardous waste into or on any land or

water or

into

any

well

so

that

such

waste

on

hazardous

waste

on

any

constituent thereofmay enter the environment or be emitted into the air or

discharged into

any waters, including ground waters.

415 ILCS 5/3.185..

27.

Section 3.545 ofthe Act, 415

ILCS

5/3.545,

defines “water pollution” as

follows:

“WATER

POLLUTION”

is

such

alteration

of

the

physical,

thermal,

chemical, biological or radioactive properties of any waters ofthe State, or

such discharge of any contaminant into

any waters of the

State, as will or

is likely to

create a nuisance or render such waters harmful or detrimental

or

injurious

to

public

health,

safety

or

welfare,

or

to

domestic,

commercial, industrial,

agricultural,

recreational, or other legitimate uses,

orto livestock, wild animals, birds, fish, or other aquatic life.

415

ILCS

5/3.545.

28.

Section 3.550 ofthe Act, 415

ILCS

5/3.550,

defines “water” as follows:

“WATER”

means

all

accumulations of water,

surface

and

underground,

natural,

and

artificial,

public

and

private,

or

parts

thereof,

which

are

wholly on partially within, flow through, orborder upon this State.

415

ILCS

5/3.550.

29.

The PCE, TCE and chloroform released and disposed ofat the Site by

Canton’s dry cleaning business, resulting in levels ofthose chemicals in soil and

groundwater above TACO Tier I levels, constitute “contaminants” as that term is defined

in the Act,

415 ILCS5/3.165.

6

---

30.

The PCE, ICE and chloroform were disposed, deposited and placed upon

or beneath the surface ofthe Site, and therefore were “discharged” into the environment.

31.

As

a result of his deposit of those material into the environment at the Site,

Carlton caused or tended to cause water pollution as that term is defmed in the Act, 415

ILCS

5/3.545.

.

32.

By not removing the PCE, ICE and chloroform from the soil and

groundwater ofthe Site and adjacent to the Site, Canton continues to threaten and allow

the discharge ofsuch contaminants into the environment, so as to cause ortend to cause

waterpollution in the

State ofIllinois,

and thereby continues to

violate Section

12(a) of

the Act, 415 ILCS

5/12(á).

WHEREFORE, for the above reasons, Complainant, Kapp prays that this Board

enter an order on this Count I declaring, adjudging and decreeing as follows:

(a)

that Respondent violated Section

12(a) ofthe Illinois

Environmental Protection Act, 415 ILCS 5/12(a);

(b)

that Respondent shall pay a civil penalty of$50,000 for each such

violation, pursuant to Section 42(a) ofthe Illinois Environmental

Protection Act, 415 ILCS

5/42(a);

(c)

that Respondent shall pay an additional civil penalty of$10,000 for

each day during which each such violation continued, pursuant to

Section 42(a) ofthe Illinois Environmental Protection Act, 415

ILCS 5/42(a);

(d)

that Respondent shall cease and desist from further violations of

Section

12(a) and all other Sections ofthe Illinois Environmental

Protection Act and the regulations promulgated under that Act, and

shall remediate any contamination remaining on Kapp’s Property

and adjacent to

Kapp’s property to levels less than the TACO Tier

I Residential Site Remediation Objective Levels for the Ingestion

Exposure Route, contained in 35 Ill. Admin.

Code Part 742, and

shall take any other remedial actions in response to the

contamination ofKapp’s Property and

adjacentto

Kapp’s property

that the Board deems appropriate; and

7

---

(e)

that Complainant, Kapp, shall be entitled to recover all other relief

that the Board deemsjust and proper in the premises.

COUNT H:

415

ILCS

5/12(d)

1-23.

Complainant hereby realleges and incorporates the allegations of

Paragraphs

1

through 23

ofthe General Allegations

above as Paragraphs

1

through 23

of

Count II and herebyrealleges and incorporates the allegations ofParagraphs

25 through

33 ofCount I as Paragraphs

25 through 33

of Count II.

34.

Section

12(d) ofthe Act, 415 ILCS 5/12(d), provides that no person shall:

(d)

Deposit any contaminants upon the land in such place

and

maimer so as to create a water pollution hazard.

415

ILCS 5/12(d).

35.

By not removing the PERC, ICE and chloroform deposited upon the land

in an uncontrolled or uncontained manner, Respondent allowed such contaminants to

remain deposited upon the land, so as to create a water pollution hazard, and

thereby

violated Section 12(d) ofthe Act, 415 ILCS 5/12(d).

WHEREFORE, for the above reasons, Complainant, Kapp, prays that this Board

enter an order on this Count II declaring, adjudging and

decreeing as follows:

(a)

that Respondent violated Section 12(d) ofthe Illinois

Environmental Protection Act,

415 ILCS 5/12(d);

(b)

that Respondent shall pay a civil penalty of $50,000 for each such

violation, pursuant to Section 42(a) of the Illinois Environmental

Protection Act, 415 .ILCS

5/42(a);

(c)

that Respondent shall pay an additional civil penalty of $10,000 for

each day during which each such violation continued, pursuant to

Section 42(a) of the Illinois Environmental Protection Act, 415

ILCS

5/42(a);

•.

8

---

(d)

that Respondent shall cease and desist from

further violations of

Section

12(d) and all other Sections of the Illinois Environmental

Protection Act and the regulations promulgated under that Act, and

shall remediate any contamination remaining on Kapp’s Property

and property adjacent to it to levels less than the TACO Tier I

Residential Site Remediation Objective Levels forthe Ingestion

Exposure Route, contained in 35

Ill. Admin.

Code Part 742, and

shall take any other remedial actions in response to the

contamination ofKapp’s Property and property adjacent to it that

the Board deems appropriate; and

(e)

that Complainant, Kapp, shall be entitled to

recover all other relief

that the Board deemsjust and proper in the premises.

COUNT III:

415 ILCS

5/21(e)

1-23.

Complainant hereby realleges and incorporates the allegations of

Paragraphs

1 through 23 ofthe General Allegations above as Paragraphs

1

through 23 of

Count III.

43.

Section 21(e) ofthe

Act, 415 ILCS

5/21(e), provides that:

No person shall:

(e)

Dispose, treat, store or abandon any waste.

.

.

except at a

site or facility which meets the requirements ofthis Act and

ofregulations and standards thereunder.

415 ILCS

5/21(e).

44.

Section 3.535 ofthe Act, 415 ILCS

5/3.535, defines “waste” as follows:

“WASTE” means any garbage, sludge from a waste treatment plant, water

supply treatment plant,

or air pollution control

facility or other discarded

material,

including solid,

liquid, semi-solid, or contained gaseous material

resulting

from industrial,

commercial,

mining and agricultural operations,

and

from

community

activities,

but

does

not

include

solid

or dissolved

material

in domestic

sewage, or solid or dissolved materials in irrigation

return flows, or coal combustion by-products

as

defined in

Section

3.135,

or industrial

discharges which

are point sources subject to permits

under

Section

402

of

the

Federal

Water

Pollution

Control

Act,

as

now

or

hereafter

amended,

or

source,

special

nuclear, or by-product materials

as

defined by the Atomic

Energy Act of 1954,

as amended

(68

Stat. 921) or

any

solid

or dissolved

material

from

any

facility subject to the Federal

Surface Mining

Control and Reclamation Act of 1977

(P.L.

95-87) or the

9

---

rules

and regulations thereunder or any law or rule or regulation adopted

by the State of Illinois pursuant thereto.

415 ILCS

5/3.535.

45.

Section 3.540 of the Act, 415 ILCS

5/3.540, defmes “waste disposal site”

as follows:

“WASTE DISPOSAL SITE” is a site on which

solid waste is disposed.

415 ILCS 5/3.540.

46.

Section 3.470 ofthe Act, 415 ILCS

5/3.470, defines “solid waste” as

follows:

“SOLID WASTE” means waste.

415 ILCS

5/3.470.

47.

Section 3.185 ofthe Act, 415 ILCS 5/3.185,

defines “disposal” as follows:

“DISPOSAL” means the discharge,

deposit, injection,

dumping,

spilling,

leaking or placing of any

waste or hazardous waste into or on

any land or

water or

into

any

well

so

that

such

waste

or

hazardous

waste

or

any

constituent thereofmay enter the environment

or be emitted into the air on

discharged into any waters, including ground waters.

415 ILCS 5/3.185.

48.

Section 3.445 of the Act, 415

ILCS 5/3.445, defines “sanitary landfill” as

follows:

“SANITARY LANDFILL” means a facility permitted by the Agency for

the disposal of waste

on

land meeting the requirements

of the Resource

Conservation and Recovery Act,

P.L.

94-580, and regulations

thereunder,

and

without creating nuisances

or hazards to public

health or safety, by

confining the refuse to the smallest practical volume and

covering it with a

layer of earth at the conclusion of each day’s operation, or by such other

methods and intervals as the Board may provide by regulation.

415 ILCS 5/3.445.

10

---

49.

The PCE, ICE and chloroform disposed ofat the Site was “discarded

material,” and therefore “waste” as that term is defined in

Sections 3.535 ofthe Act, 415

ILCS

5/3.535.

50.

By allowing such materials to be deposited at the Site, Respondent

allowed the materials to remain in or on the land so that suchmaterials and/or

constituents thereofcould enter the environment, and Kapp’s Property therefore

constitutes a “waste disposal site” forpurposes of415 ILCS 5/21(e).

51.

At the time that Respondent allowed the materials to be deposited on

Kapp’s Property, the Site was not permitted as a sanitary landfill by the Illinois

Environmental Protection Agency (“Agency” or “IEPA”) forthe disposal ofwaste

On

land, and thus the Site does not meet the requirements ofthe Act or the regulations for

waste disposal for purposes of415 ILCS 5/21(e).

52.

By allowing the disposal ofwaste PCE, ICE and chloroform at a disposal

site that does not fulfill the requirements of

a

sanitary landfill, Respondent violated~

Section 21(e) ofthe Act, 415 ILCS

5/21(e).

WHEREFORE, for the above reasons, Complainant, Kapp, prays that this Board

enter an order on this Count III declaring, adjudging and decreeing as follows:

(a)

that Respondent violated Section 21(e) ofthe Illinois

Environmental Protection Act, 415 ILCS

5/21(e);

(b)

that Respondent shall pay

a

civil penalty of$50,000 for each such

violation, pursuant to Section 42(a) ofthe Illinois Environmental

Protection Act, 415 ILCS 5/42(a);

(c)

that Respondent shall pay an additional

civil penalty of$10,000 for

each day during which each such violation continued,

pursuant to

Section 42(a) ofthe Illinois Environmental Protection Act, 415

ILCS

5/42(a);

11

---

(d)

that Respondent shall cease and desist from furtherviolations of

Section 21(e) and all other Sections ofthe Illinois Environmental

Protection Act and the regulations promulgatedunder that Act, and

shall remediate any contamination remaining on Kapp’s Property

and property adjacentto it to

levels less than the TACO Tier I

Residential Site Remediation

Objective Levels for the Ingestion

Exposure Route, contained in. 35 Ill. Admin.

Code Part 742,

and

shall take any other remedial actions in response to the

contamination of Kapp’s Property and property adjacent to it that

the Board deems appropriate; and

(e)

that Complainant,

Kapp, shallbe entitled to recover all other relief

that the Board deems just and proper in the premises.

Respectfully submitted,

KAPP, INC.,

Complainant,

By:________

bOne ofIts Attorneys

Dated:

May11, 2005

Christine G. Zeman

J. Randle Schick

Of Counsel

HODGE DWYER ZEMAN

3150 RolandAvenue

Post Office Box 5776

Springfield, Illinois

62705-5776

(217) 523-4900

KAPP:OOlfFil/Complaint

12

---

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CHICAGO TITLE INSURANCE

COMPANY

COMMiTMENT

Folt

TITLE

INSURANCE

SCHEDULE

A(CONTINUED)

O*D$~ ?~O.,1612

12008S230

DEC

S.

TUE LAJ4D REFERREX)

TO IN

THIS

COMMITMENT

IS

DESCRLHED AS

FOLLOWSz

Parcel

1:

Coawnencing

1,75.2

feet

West

and

285

feet

South

of

the

North***t

corner

of

the

Southeast

1/4

of

Se’~tion

9,

Towpehip

16 North,

Range 2 Last of

the 3rd

P.M.,

thence South 45

feet,

thence Heat 145.2

feet,

thence North 45

fe~t.

thence

~aat to th. point

of beginning.

(gxcept coal

arid

Othet

min~ra1s

underlying

the

surface of said land and all r~ht~and eaesn~entein favor of the Estate

of

i*id

coal.

axtd other merals).

Situated in Macon County,

Illinois.

Parcel 2: Lot

1 in ~1ock

13

of 14±1192nd Addition of Outlots to the City of

Decatur,

Illinoje,

as per Plat recorded

in nook

536, Page

24

of~the

Records

in

the

Recorder’s

Office of Macon County,

I1lino~s. (Except COal. and.other minerals

underlying the surface of

said

land

and all righta and easements

in favor of the

Estate of ssid coal and other

rninex~le).

Situated

in Macon County,

tilinois.

PArcel

3:

beginning 30 feet South and 275.2 feet West of the Northeast corner

of

the Southe*at

1/4 of Secciozt

9,

Townahip 16 North,

Range 2 Eaet of

the

3rd

P.M.,

thence South 143

feet,

thenc~e14e~4S.2

feet, thence North 143 t.ct~thence

East

45.2 feet to the point of heginning.

(Except coal

arid

other

minerals underlying

the

surface

of said

land and

sU

rights and easements

in favor

~f

the Estate of

said coal and other minerals).

Situated in MacOn County,

~llinoiø,

Parcel

4.

aegiitning 30 feet

W~ac and

30

feet South of

a. scone at the Northeaec

corner of the Southeast 1/4

of Section

9, Township 16 North, Range

2 Esat of

the

3rd P.M., thence

W..t

1.45.2

feet.

thence South 140

feet1

thence

East

55.2

feet,

thence North 60 feet,

thence East

90

feet.

thence North ~O feet to the point of

~,ginning. (Except coal and

other

minerals

unida

ying

the surface of said land

and all rights and easements in favor of

the Estate of acid coal and other

minerals). Situated in Macon County,

Xlli.noia.

.

Parcel

5:

fleginning 30

feet

Webc

and

110 feet South of a atone

at

the

Northeact

corner

of the Southeast 1/4 of Section

9, Township

1.6 North,

Ra.flg~2 East of the

3cd

P.M.,

thence

South

60

feet,

thence West 90 feet,

thence North

40 feet to ~

point

ho

1~i~ ~Ut~

c5f

th~

lqb-*th

1.-me of

s-aid Sotheae-t

1/4,

thence Eaat

Spet

to

the

point

of

beginning.

(Except

coal,

and

other

minerals

underlying

the •~rface

of

~id

land and all,

rights

and

easements

in

favor

of the Estate of said coal and

other minerals)

.

Situated

in Macon County,

Illinois.

-

Parcel 6~beginning at

a point ~~75.2feet West and 173 feet South of the

Northeast

carrier of the So~thea.at 1/4 .~fSection

,,

rownehip

14

North,

Range 2

East of

the 3rd P.M.,

thence

West

145.2

feet

to

the

~ast.line of Hill Avenue,

thence South a).ong said line 112

feet.

th,n~e

East

145.2

feet.

thence North 112

feet to

the point of beginrii~g. (Except

coal, and other minerals underlying the

surface of said land and all rights and raaeii~ents

in

favor of the Estate of said

coal and other minerals).

Situated

in

Macon County,

Illinois.

Parcel

7:

fleginning

at

a

point

30

feet

West

and

170

feet South of

the Northeast

corner of the Sot*thea,~t

1/4

of

S*~ti~~ 9,

Township

16

Notch.

Range

2

East

of

the

Ird

P.M.,

thence West

145.2

feet,

thence

South

10

feet,

thence East 145.2

feet.

thence

North

to

th. point

of

beginning,

(Except coal and other minerals

under1yin~

the

surface

of

~iaid

1ar4 and

all.

rights and

easements

in

favor of the

---

CUCAGO

TITLE INSURANCE COMPANY

COMMITMENT

FOR

TITLE INSURANCE

SCHEDULE

A

(CONTINUED)

OR~1~~

HO..i 1612

120086230 DEC

Estate

of

said

coal.

arid

other

minerals).

Situated

in Macon County,

Il.linoie,

parcel

8:

Beginning

at

a

paint

175.2

feet

We*t

and

173

feet

South

of

the

Northeast

corner of

the

Southeast 1/4 of Section

9,

To~.mship

2.6

Nort2~, Range

2 East

of

the 3rd

P.M.,

thence

Weøt

100

feet,

thence North

2.43 feet to the South line of Grand Zwenu*,

thence East

along said

-line 100 feet,

thence

S

2~43 feet

to

the point of beginning.

(Except

coal and other minerala underlying the surf~ceof said land and all rights

and

easements

in

favor

of

the

Estate

of

said

coa..

and

ocher

minerals).

Situated

in

Macon

CouAty,

Illinois.

~1~E

A

3

---

FAMOUS

LEQtIORS

ENVLRONMEN1ALAUDPIS

AND

cONSULTAWIS,

INC

1111

N.

,TIH

STREET

~r::?~~=i

VANDALIA,

ILLINOIS

BEAUTY

SHOP

GARIED

NO

SCALE

W.

GRAND

AVE.

—

LEGEND

usr

SOILBORNG

•

LOCATION

PROPERTY

BOUNDARY

1N~INER~TOR

SITE

MAP

WiTH

SOIL

I3OIWiGLOCAIIONS

PHASE

II

ESA

KAPP

1133W.

GRAND

AVENUE

IlLINOIS

---

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLiNOIS POLLUTION CONTROMYOt-\~QO5

c~4~pp,

INC.,

an Illinois

)

POHU

On COj~d

Corporation,

)

)

Complainant,

)

)

PCBO5-

_____

)

HARTLEY CARLTON, individually,

)

(Enforcement

—

Land)

and d!b/a ONE HOUR CLEANERS,

)

)

Respondent.

)

ENTRY OF APPEARANCE OF CHRISTINE G.

ZEMAN

NOW COMES Christine G. Zeman, ofthe law firm ofHODGE

DWYER

-

ZEMAN, and hereby enters her appearance on behalfofComplainant, KAPP, INC., in

the above-referenced matter.

Respectfully submitted,

KAPP, INC.,

Complainant,

Dated:

May 11, 2005

Christine G. Zeman

J. Randle Schick

Of Counsel

-

HODGE DWYER ZEMAN

3150

Roland Avenue

Post Office Box

5776

Springfield, Illinois

62705-5776

(217) 523-4900

KAPP:OO1IFi1IEOA

-

CGZ

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~E

C

E ~V ED

CLERK’S OFFICE

KAPP, INC., an Illinois

)

Corporation,

)

MAY

132005

TATE OF ILUNOtS

Complainant,

)

P~tIutiOn

Controt

Board

v.

)

PCBO5-

_____

)

HARTLEY CARLTON, individually,

)

(Enforcement

—

Land)

and dlb/a ONE HOUR CLEANERS,

)

)

-

Respondent.

)

-

ENTRY OF APPEARANCE OF J.

RANDLE

SCHICK

NOW COMES J. Randle Schick, ofcounsel to the law firm ofHODGE DWYER

ZEMAN, and hereby enters his appearance on behalfof Complainant, KAPP, iNC., in

the above-referenced matter.

Respectfully submitted,

KAPP, INC.,

Complainant,

By:__________

I

J. Randle Schick

Dated:

May 11, 2005

Christine G. Zeman

J. Randle Schick

Of Counsel

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois

62705-5776

(217)

523-4900

KAPP:OO1/Fil/EOA

-

JRS