Sincerely,
Michelle M. Ry
Assistant Counsel
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1 021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217) 782-3397
JAMES R.
THOMPSON CENTER,
1 00 WEST RANDOLPH, SUITE
1 1 -300, CHICAGO,
IL 60601 - (312) 814-6026
ROD
R. BLAGOJEVICH, GOVERNOR
?
DOUGLAS
P.
SCOTT, DIRECTOR
(217) 782-9817
TDD: (217) 782-9143
July 9, 2008
John Therriault, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
toev
---
RECEiVeD
CLEWS OFFICE
JUL 1 1 2008
Pollution
STATE
?
ConLLINOIS
trol Board
OR\GMAL
Re:
Illinois Environmental Protection Agency v. Theodore & Elizabeth Hollembeak and
Hollembeak Concrete, Inc.
IEPA File No. 85-08-AC: 0090105033—Brown County
Dear Mr. Therriault:
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector's Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s).
On this date, a copy of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail. As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation.
If you have any questions or concerns, please do not hesitate to contact me at the number above.
Thank you for your cooperation.
Enclosures
ROCKFORD -
4302 North Main Street, Rockford, IL 61103 – (815) 987-7760 • DES PLAINES -
9511 W. Harrison St., Des Plaines, IL 60016 – (847) 294-4000
ELGIN -
595 South State, Elgin, IL 60123 – (847) 608-3131 ?
•
PEORIA -
5415 N. University St., Peoria, IL 61614 – (309) 693-5463
BUREAU OF LAND - PEORIA -
7620 N. University St., Peoria, IL 61614 – (309) 693-5462 •
CHAMPAIGN -
2125 South First Street, Champaign, IL 61820 – (217) 278-5800
SPRINGFIELD -
4500 S. Sixth Street Rd., Springfield, IL 62706 – (217) 786-6892 •
COLLINSVILLE - 2009 Mall Street, Collinsville, IL 62234 – (618) 346-5120
MARION -
2309 W. Main St., Suite 116, Marion, IL 62959 – (618) 993-7200
PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARAt
ADMINISTRATIVE CITATION
c.:FERt0IFVFIE
CD
011ution
C
ontrol Board
JUL 1 1 2008
ILLINOIS ENVIRONMENTAL
pSTATE OF ILLINOIS
PROTECTION AGENCY,
esp ctfu submitted,
\.
..ACA
Miche le M. Ryan
Special Assistant Attorney General
Complainant,
1
rA
v.
THEODORE & ELIZABETH HOLLEMBEAK
and HOLLEMBEAK CONCRETE, INC.,
Respondents.
Ac
(IEPA No. 85-08-AC)
NOTICE OF FILING
To:
Theodore and Elizabeth Hollembeak
Hollembeak Concrete, Inc.
317 Fairgrounds St.
ATTN: Theodore Hollembeak
Mt. Sterling, Illinois 62353
402 Pittsfield Road
Mt. Sterling, Illinois 62353
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.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: July 9, 2008
THIS FILING SUBMII I ED ON RECYCLED PAPER
ADMINISTRATIVE CITATION
JUL 1 1 2008
_STATE
Ilution
OF
Control
ILLI
NOIS
Board
AC 0
(IEPA No. 85-08-AC)
REC.. _
IC
ED
E
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLF,
T(
S OFF
V
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
THEODORE & ELIZABETH HOLLEMBEAK
and HOLLEMBEAK CONCRETE, INC.,
Respondents.
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31.1 (2006).
FACTS
1.
That Theodore and Elizabeth Hollembeak are the present owners and Hollembeak
Concrete, Inc. is the current operator ("Respondents") of a facility located at 402 Pittsfield Road, Mt.
Sterling, Brown County, Illinois. The property is commonly known to the Illinois Environmental
Protection Agency as Mt. Sterling/Hollembeak Concrete.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 0090105033.
3.
That Respondents have owned/operated said facility at all times pertinent hereto.
4.
That on May 30, 2008, William Zierath of the Illinois Environmental Protection
Agency's Springfield Regional Office inspected the above-described facility. A copy of his
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by William Zierath during the course of his May 30,
2008 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondents have violated the Illinois Environmental Protection Act (hereinafter,
the "Act") as follows:
(1)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)
(2006).
(2)
That Respondent 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(D)(3)(2006).
(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
construction or demolition debris, a violation of Section 21(p)(7) of the Act, 415 ILCS
5/21(p)(7) (2006).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2006), Respondents are
subject to a civil penalty of 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 August 15, 2008, unless otherwise provided
by order of the Illinois Pollution Control Board.
If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1 of the Act, 415 ILCS 5/31.1 (2006), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1,500.00) statutory civil penalty for each
violation.
Pursuant to Section 31.1(d)(1) of the Act, 415 ILCS 5/31.1(d)(1) (2006), if Respondents fail
to petition or elect not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
adopt a final order, which shall include this Administrative Citation and findings of violation as
alleged herein, and shall impose the statutory civil' penalty specified above.
When payment is made, Respondents check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Along with payment, 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 (2006). If Respondents elect to contest
this Administrative Citation, then Respondents shall file a signed Petition for Review, including a
Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601. A copy of said Petition for Review shall be filed with the Illinois Environmental Protection
Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Section 31.1 of the Act provides that any Petition for Review shall be filed within
thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution
Control Board shall enter a default judgment against the Respondents.
Dougla
Illinois
?
Environmental
Scott, DirectorProtection ?
Agency
6.K.
Date: ?
/RIM
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
v.
FicFeerVED
ERK'S OFFICE
AIL 1
1 2008
(IEPA No. 85-08-AC)
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
AC
DR
THEODORE & ELIZABETH HOLLEMBEAK
and HOLLEMBEAK CONCRETE, INC.,
Respondents.
FACILITY:?
Mt. Sterling/Hollembeak Concrete SITE CODE NO.:
?
0090105033
COUNTY:?
Brown
?
CIVIL PENALTY:
?
$4,500.00
DATE OF INSPECTION:
?
May 30, 2008
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
IN THE MATTER OF:
AFFIDAVIT
DR GINA
L
f4ece
CLEI4k'S OFFICE
i
v
eD
W)1
?
JUL 1 1 2008
S
TATE OF ILL1NO/S
IEPA DOCKET
NO.Pollution
Control Board
Respondents?
)
Affiant, William Zierath, being first duly sworn, voluntarily deposes and states as
follow:
1.
Affiant is a field inspector employed by the Land Pollution Control
Division of the Environmental Protection Agency and has been so
employed at all times pertinent hereto.
2. On May 30, 2008, between 1 1 :00 AM and 11:45 AM, Affiant
conducted an inspection of a disposal site operated without an Agency
permit, located in Brown County, Illinois and known as Hollembeak
Concrete by the Illinois Environmental Protection Agency. Said site has
been assigned site code number LPC# 0090105033 by the Agency.
3. Affiant inspected said Hollembeak Concrete open dump site by an on-
site inspection which included walking and photographing the site.
4.
As a result of the activities referred to in paragraph 3 above, Affiant
completed the Inspection Report 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 said Hollembeak Concrete open dump.
Subscribed and Sworn To before me
This+, day of?
1
`71°I!
OFFICIAL SEAL
CHARLENE K. POWELL
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES MARCH 15, 2012
Theodore and Elizabeth Hollembeak
317 Fairground St.
Mt. Sterling, Illinois 62353
217-773-3132
?
U
n D
t
Hollembeak Concrete, Inc.
402 Pittsfield Rd
Mt. Sterling, Illinois
?
IVED
'S OFFICE
217-773-3342
JUL 1 1 2008
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County: Brown
Location/Site Name:
Date:
?
05/30/08
LPC#:
?
0090105033
Region:?
5 - Springfield
Mt. Sterling/Hollembeak Concrete
Time: From 11:00?
To 11:45
Previous Inspection Date: 01/07/08
Inspector(s):?
William Zierath
Weather: Cloudy, 75F
No. of Photos Taken: # 56
?
Est. Amt. of Waste:
–
50
?
yds
3
Samples Taken: Yes #?No El
Interviewed:
?
Theodore Hollembeak
?
Complaint #: C-08-019-C
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Pollution Control
SECTION?
DESCRIPTION
Boar
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
■
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
fl
4.
12(d)
CREATE A WATER POLLUTION HAZARD
q
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 AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
AND REGULATIONS
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
r
(2)
Scavenging
q
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
q
(5)
Proliferation of Disease Vectors
q
(6)
Standing or Flowing Liquid Discharge from the Dump Site
q
Revised 06/18/2001
?
(Open Dump - 1)
LPC
#
0090105033
Inspection Date:
?
05/30/08
(7)
Deposition of: (i) General Construction or Demolition Debris as defined in Section
3.160(a); or (ii) Clean Construction or Demolition Debris as defined in Section 3.160(b)
a
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
( 3)
Cause or Allow Water to Accumulate in Used Tires_
q
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
......?
SUBTITLE G
10.
812.101(a)
_
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
12
11.
722.111
HAZARDOUS WASTE DETERMINATION
q
12.
808.121
SPECIAL WASTE DETERMINATION
q
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
q
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(
q
)
PCB;
(
q
)
CIRCUIT COURT
CASE NUMBER:
?
ORDER ENTERED ON:
q
15.
OTHER:
739.122(c)(1) — Marking Used Oil Containers with the Words "USED OIL"
C
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 06/18/2001
(Open Dump - 2)
MEMORANDUM
Date:
May 30, 2008
To:
BOL File
From:
William E. Zierath, BOL/FOS - Springfield Region
Subject:
LPC# 0090105033 – Brown County
Mt. Sterling/Hollembeak Concrete
C-08-019-C
FOS File
A complaint investigation was conducted at this former concrete plant on May 30, 2008.
Mr. Theodore Hollembeak, the owner of this site, was interviewed. The weather was
cloudy and 75°F. It had rained hard just before this investigation, but did not rain during
the investigation.
This complaint was initially investigated on January 7, 2008. After that investigation, a
February 21, 2008 Administrative Citation Warning Notice was sent to this site. The
ACWN set April 15, 2008 as the date when wastes should have been removed from this
site. Mr. Hollembeak did not respond to the ACWN or request an extension of the clean-
up time.
Mr. Hollembeak indicated at the beginning of the investigation that he had collected used
tires that were not on rims and put them indoors to prevent them from accumulating
water. He also said that he had sold some of the metal for scrap.
There were three 5-gallon buckets located west of the garage at this site. Mr. Hollembeak
said that the buckets contain used oil from changing the oil in his personal vehicles. The
buckets are shown in photograph 009010503305302008-001.
A mobile home in the northwest part of the site is used as an office. Behind the mobile
home was a small amount of junk, including two used tires that were not on rims. The
junk is shown in photographs 009010503305302008-002.
There is the remains of a wood-framed building that was missing most of its walls and its
entire roof. Mr. Hollembeak said that the building had been damaged in a storm. He said
that an associate was going to scrap the remaining metal on the walls and demolish the
structure. The remains of the building are shown in photograph 009010503305302008-
003.
The area that was previously covered by this building previously contained scrap metal
and part of an old bulldozer. The scrap metal had been removed, but the bulldozer
remained. The bulldozer is shown in photograph 009010503305302008-003.
The wastes located north of the garage included scrap metal (including corrugated metal),
wood demolition waste and roofing waste. Mr. Hollembeak said that the roofing waste
was from the replacement of the roof on the garage several years before. The waste north
of the garage is shown in photographs 009010503305302008-004,
0090105033-05302008-005, 009010503305302008-006, 009010503305302008-007,
and 009010503305302008-008.
An abandoned pickup truck that had been east of the garage during the January 7, 2008
investigation was no longer present onsite. An abandoned car that was present during the
January 7, 2008 investigation was still present during this investigation. This car is shown
in photograph 009010503305302008-009. There was some scrap metal in the area east
of the garage. This waste is shown in photographs 009010503305302008-009 and
009010503305302008-010.
There was some scattered junk in the weeds in the north part of the site. Some of the junk
included vehicle parts such as used transmissions. This junk is shown in photograph
009010503305302008-011.
North of the cement scale/mixer building in the central part of the site was a pile of used
tires, along with a few scattered tires. All of the used tires in this area were on rims. Mr.
Hollembeak said that the tires in this area were the correct size for using on his trucks, so
he said that these were being kept prior to being used. The used tires are shown in
photographs 009010503305302008-013, 0090105033-05302008-014, and
009010503305302008-015.
In the east end of the site were several piles of scrap metal. Included in the scrap metal
were parts of construction equipment that had been cut (using a torch) to make scrapping
the metal out easier. The scrap metal is shown in photographs 009010503305302008-
016, 0090105033-05302008-017, 009010503305302008-018, 009010503305302008-
019, and 009010503305302008-020.
There were two semi tractors in the east part of the site. Mr. Hollembeak said that one of
them was operational. He said that the other one didn't work, but that he had $6000
invested in it, so he is trying to sell it. The non-operating semi is shown in photograph
009010503305302008-021. The operating semi is shown in photograph
009010503305302008-022.
There were an abandoned truck and an abandoned moped in the central part of the site.
These vehicles are shown in photograph 009010503305302008-023.
There was a pile of approximately 10 used tires (on rims) and large pieces of metal in the
in the east part of the site. These tires and this metal are shown in photographs
009010503305302008-024 and 009010503305302008-025.
In the southeast part of the site was an old burn pile. The old burn pile was a large pile of
ashes and non-burnable material. There was a large amount of unburned waste on the old
burn pile. There was no indication that anything had been burned since the January 7,
2008 investigation. The old burn pile is shown in photographs 009010503305302008-
026, 0090105033-05302008-027, 0090105033-05302008-028, 009010503305302008-
029, and 009010503305302008-030.
In the south area of the site was a pile of old pallets, wood demolition waste and waste
plastic. The pile of old pallets, demolition waste and plastic waste is shown in photograph
009010503305302008-031.
In the south area of the site was a pile of about 20 used tires on rims. These used tires are
shown in photograph 0090105033-05302008-032.
Also along the south area of the site was an area of scattered scrap metal along with
approximatelyl 0 used tires. This scrap metal and these used tires are shown in
photographs 0090105033-05302008-033 and 009010503305302008-034.
There were 5 small propane containers in the central area of the site. The propane
containers are shown in photograph 0090105033-05302008-035.
In the central part of the site was a large conveyor belt leading from a hopper to a bluish-
gray structure. Mr. Hollembeak volunteered that he uses this structure to weigh materials
that he sells. Materials dumped in the hopper are reportedly conveyed to the bluish-gray
building where they are weighed. The materials are then conveyed to a hopper beneath a
rusty cylindrical tank where the materials can be loaded into a truck. The long conveyor
belt is shown in photographs 009010503305302008-043 and 009010503305302008-
044. The bluish-gray building is shown in photographs 0090105033-05302008-043 and
009010503305302008-044. The rusty cylindrical tank is shown in photograph
0090105033-05302008-043. The area under the rusty cylindrical tank is shown in
photograph 009010503305302008-036. In was observed that the long conveyor belt was
off its rollers and could not be used. It was also observed that small trees had grown up in
the area that Mr. Hollembeak said was used to load the trucks.
There were two abandoned cement trucks at the site. Mr. Hollembeak had begun to cut
them up for scrapping. The cement trucks are shown in photographs
009010503305302008-037, 009010503305302008-038, 0090105033-05302008-043,
and 009010503305302008-044.
Scrap metal, vehicle parts, old pallets and demolition waste were scattered along the
south area of the site. These wastes are shown in photographs 009010503305302008-
039,
0090105033-05302008-040,
009010503305302008-041, 00901050330530200
042,
0090105033-05302008-045, 0090105033-05302008-046,
00901050330530200
047, and 0090105033-05302008-048. South of these scattered wastes was an old metal
tank. The tank is shown in photograph 0090105033-05302008-047.
-
-
In the south area of the site was a rusty tank that Mr. Hollembeak indicated had been used
as a burn barrel. The outside of the tank is shown in photograph 009010503305302008-
049. The wastes inside the tank are shown in photograph 009010503305302008-050.
There was an old truck parked in the south area of the site. Mr. Hollembeak indicated that
he used the old truck to stored vehicle parts including truck mufflers. The truck was
loaded with vehicle parts. The photograph of this truck (009010503305302008-051) did
not turn out.
During the January 7, 2008 investigation there was an abandoned Ford pickup parked
east of the garage. This abandoned vehicle had been moved before this investigation. The
former location of this vehicle is shown in photograph 0090105033-05302008-052.
There was a plastic tank south of the garage. During the previous investigation I had
misunderstood that this tank was used for used oil. Mr. Hollembeak said that the tank
contained a chemical for treating concrete. The label on the tank also indicated that the
tank contained a concrete treatment chemical. The tank is shown in photograph
0090105033-05302008-053. The label is shown in photograph 009010503305302008-
054.
There were four used tires and some metal junk along the south side of the garage. These
wastes are shown in photographs 009010503305302008-055 and
009010503305302008-056.
Apparent violations observed during this investigation are marked on the attached
checklist.
cc:
BOL/FOS – Springfield Regional File
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-[Exp. #1.jpg
Date: May 30, 2008
Time: 11:16 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 001
Comments: Three 5-
gallon buckets with
used oil from do-it-
yourself oil changes in
the area west of the
garage.
Date: May 30, 2008
Time: 11:17 AM
Direction: North
Photo by: W Zierath
Exposure #: 002
Comments:
Accumulated junk
including two off-rim
tires in the area east of
the trailer that serves
as the office at this
facility. Note: the
tractors in the
background are on the
property of Kuhns
Implement.
Page 1 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. njpg
Date: May 30, 2008
Time: 11:17 AM
Direction: Northeast
Photo
by: W Zierath
Exposure #: 003
Comments: The
remains of a bulldozer
that Mr. Hollembeak
said would be sold for
scrap. The gray walls
shown on both sides of
the photograph are the
remaining walls of a
storm-damaged
building that will be
demolished.
Date: May 30, 2008
Time:
11:18 AM
Direction: West
Photo by: W Zierath
Exposure #: 004
Comments: Junk
located north of the
garage including metal
scrap.
Page 2 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-053020084Exp. #1.jpg
Date: May 30, 2008
Time: 11:18 AM
Direction: South
Photo by: W Zierath
Exposure #: 005
Comments: Wastes
north of the garage
including corrugated
metal, wood demolition
waste and roofing
waste.
Date: May 30, 2008
Time: 11:18 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 006
Comments: Wastes
north of the garage
including corrugated
metal, wood demolition
waste and roofing
waste.
Page 3 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:18 AM
Direction: East
Photo by: W Zierath
Exposure #: 007
Comments: Wastes
north of the garage
including corrugated
metal, wood demolition
waste and roofing
waste.
Date: May 30, 2008
Time: 11:18 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 008
Comments: Wastes
north of the garage
including corrugated
metal, wood demolition
waste and roofing
waste.
Page 4 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names:
0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:19 AM
Direction: South
Photo by: W Zierath
Exposure #: 009
Comments: Scrap
metal, wood demolition
waste and an
abandoned car. Mr.
Hollembeak said that
he would be using the
car for parts.
Date: May 30, 2008
Time: 11:20 AM
Direction: North
Photo by: W Zierath
Exposure #: 010
Comments: A single
piece of scrap metal in
the area northeast of
the garage.
Page 5 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. njpg
Date: May 30, 2008
Time: 11:20 AM
Direction: Northeast
Photo by: W Zierath
Exposure #: 011
Comments: Old
transmissions, other
vehicle parts and other
scrap metal in the
north part of the site.
Date: May 30, 2008
Time: 11:21 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 012
Comments: Sand and
gravel in the central
part of the site.
Page 6 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-[Exp. njpg
Date: May 30, 2008
Time: 11:23 AM
Direction: South
Photo by: W Zierath
Exposure #: 013
Comments: Scrap
metal, a used tire and
the remains of a small
vehicle.
Date: May 30, 2008
Time: 11:23 AM
Direction: South
Photo by: W Zierath
Exposure #: 014
Comments: Scrap
metal, a used tire and
the remains of a small
vehicle. (Accidental
retake of photograph
013)
Page 7 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:24 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 015
Comments: A pile of
used tires, along with a
few pieces of scrap
metal. Mr. Hollembeak
said that the tires were
the correct size for his
truck and that he would
be using them in the
future.
Date: May 30, 2008
Time: 11:25 AM
Direction: Northeast
Photo by: W Zierath
Exposure #: 016
Comments: Pieces of
metal from a piece of
equipment that was
being cut up to allow it
to be sold for scrap.
Page 8 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:25 AM
Direction: East
Photo by: W Zierath
Exposure #: 017
Comments: Pieces of
metal from a piece of
equipment that was
being cut up to allow it
to be sold for scrap.
The containers in the
background are empty.
Date: May 30, 2008
Time: 11:25 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 018
Comments: Scrap
metal in the eastern
part of the site.
Page 9 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:25 AM
Direction: East
Photo by: W Zierath
Exposure #: 019
Comments: Pieces of
metal from a piece of
equipment that was
being cut up to allow it
to be sold for scrap.
Date: May 30, 2008
Time: 11:26 AM
Direction: East
Photo by: W Zierath
Exposure #: 020
Comments: An empty
fuel tank, empty 55-
gallon drums and
scrap metal in the east
part of the site.
Page 10 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-[Exp. #].jpg
Date: May
30, 2008
Time: 11:27 AM
Direction: East
Photo by: W Zierath
Exposure #: 021
Comments: A non-
operable semi tractor
in the east part of the
site.
Date: May 30, 2008
Time: 11:27 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 022
Comments: An
operable semi tractor
that Mr. Hollembeak
said he is trying to sell.
Page 11 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:28 AM
Direction: West
Photo by: W Zierath
Exposure #: 023
Comments: An
abandoned van and an
abandoned moped in
the central part of the
site.
Date: May 30, 2008
Time: 11:28 AM
Direction: East
Photo by: W Zierath
Exposure #: 024
Comments: Used tires
on rims.
Page 12 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-[Exp. njpg
Date: May 30, 2008
Time: 11:28 AM
Direction: Northeast
Photo by: W Zierath
Exposure #: 025
Comments: Used tires
on rims, along with
other waste metal
objects.
Date: May 30, 2008
Time: 11:28 AM
Direction: South
Photo by: W Zierath
Exposure #: 026
Comments: A former
burn area with ash,
metal, plastic, wood
and other wastes.
Page
13
of
28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-[Exp. njpg
Date: May 30, 2008
Time: 11:29 AM
Direction: South
Photo by: W Zierath
Exposure #: 027
Comments: A close-up
of part of the burn pile
shown in photograph
026.
Date: May 30, 2008
Time: 11:29 AM
Direction: South
Photo by: W Zierath
Exposure #: 028
Comments: A close-up
of part of the burn pile
shown in photograph
026.
Page 14 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 —
Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-[Exp. #].jpg
Date: May 30, 2008
Time: 11:29 AM
Direction: Southwest
Photo by: W Zierath
Exposure #: 029
Comments: A close-up
of part of the burn pile
shown in photograph
026.
Date: May 30, 2008
Time: 11:29 AM
Direction: South
Photo by: W Zierath
Exposure #: 030
Comments: A close-up
of part of the burn pile
shown in photograph
026.
Page 15 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:29 AM
Direction: South
Photo by: W Zierath
Exposure #: 031
Comments: Waste
pallets, demolition
waste and waste
plastic in the southern
part of this site.
Date: May 30, 2008
Time: 11:30 AM
Direction: South
Photo by: W Zierath
Exposure #: 032
Comments: Used tires
(both on and off of
rims) in the south part
of the site.
Page 16 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp.
njpg
Date: May 30, 2008
Time: 11:30 AM
Direction: Southwest
Photo by: W Zierath
Exposure #: 033
Comments: Scrap
metal and used tires
(on rims) in the south
part of the site.
Date: May 30, 2008
Time: 11:30 AM
Direction: West
Photo by: W Zierath
Exposure #: 034
Comments: Scrap
metal and used tires
(on rims) in the south
part of the site.
Page 17 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:31 AM
Direction: North
Photo by: W Zierath
Exposure #: 035
Comments: Old
propane containers in
the central part of the
site.
Date: May 30, 2008
Time: 11:31 AM
Direction: North
Photo by: W Zierath
Exposure #: 036
Comments: The
reported loading area
for products sold at the
site. The area had
numerous small trees
that would have
prevented access to
this area.
Page 18 of 28
Date: May 30, 2008
Time: 11:31 AM
Direction: West
Photo by: W Zierath
Exposure #: 038
Comments: The front
of the truck shown in
photograph 037
showing where a torch
ha been used to cut the
bumper off.
ilaMINAM•
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Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
Date: May 30, 2008
Time: 11:31 AM
Direction: West
Photo by: W Zierath
Exposure #: 037
Comments: An old
cement truck that was
being cut up to allow it
to be scrapped.
File Names: 0090105033-05302008-(Exp. njpg
Page 19 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC
#
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-[Exp. #].jpg
Date: May 30, 2008
Time: 11:32 AM
Direction: South
Photo by: W Zierath
Exposure #: 039
Comments: Scrap
metal in the southern
part of the site.
Date: May 30, 2008
Time: 11:32 AM
Direction: South
Photo by: W Zierath
Exposure #: 040
Comments: Close-up
of some of the scrap
metal shown in
photograph 039.
Page 20 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. #].jpg
Date: May 30, 2008
Time: 11:32 AM
Direction: South
Photo by: W Zierath
Exposure #: 041
Comments: Plastic
waste in the southern
part of the site.
Date: May 30, 2008
Time: 11:32 AM
Direction: South
Photo by: W Zierath
Exposure #: 042
Comments: Scrap
plastic and metal tanks
in the southern part of
the site.
Page 21 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. njpg
Date: May
30, 2008
Time: 11:33 AM
Direction: East
Photo by: W Zierath
Exposure #: 043
Comments:
Abandoned cement
trucks.
Date: May 30, 2008
Time: 11:33 AM
Direction: Northeast
Photo by: W Zierath
Exposure #: 044
Comments:
Abandoned semi
tractor and used tires
(on rims) in the central
part of the site. Mr.
Hollembeak claims to
use the conveyor belt
shown in this
photograph to move
sand and gravel to a
scale in the greenish
building. The conveyor
belt was off its rollers.
Page 22 of 28
Date: May
30, 2008
Time: 11:33 AM
Direction: South
Photo by: W Zierath
Exposure #: 045
Comments: Old vehicle
belts, plastic and
demolition waste in the
southern part of the
site.
Date: May 30, 2008
Time: 11:33 AM
Direction: South
Photo by: W Zierath
Exposure #: 046
Comments: Demolition
waste and an old truck
hood in the southern
part of the site.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-053020084Exp. #].jpg
Page 23 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-053020084Exp. njpg
Date: May 30, 2008
Time: 11:33 AM
Direction: South
Photo by: W Zierath
Exposure #: 047
Comments: Used tires
(on rims) and an old
metal tank in the
southern part of the
site.
Date: May 30, 2008
Time: 11:34 AM
Direction: South
Photo by: W Zierath
Exposure #: 048
Comments: Old pallets
and scrap metal in the
southern part of the
site.
Page 24 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-05302008-(Exp. njpg
Date: May
30, 2008
Time: 11:34 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 049
Comments: An old
burn barrel in the
southern part of the
site.
Date: May 30, 2008
Time: 11:34 AM
Direction: East
Photo by: W Zierath
Exposure #: 050
Comments: Wastes
inside the burn barrel
shown in photograph
049.
Page 25 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-053020084Exp. #].jpg
Date: May 30, 2008
Time: 11:34 AM
Direction: Southeast
Photo by: W Zierath
Exposure #: 051
Comments: This
photograph was meant
to show the interior of
the truck shown in
background in
photograph 009, but
the camera was moved
prematurely before the
camera used a flash
when taking the
photograph. The truck
contained truck
mufflers, other vehicle
parts and tools.
Date: May 30, 2008
Time: 11:36 AM
Direction: North
Photo by: W Zierath
Exposure #: 052
Comments: An
abandoned car in the
southern part of the
site.
Page 26 of 28
Date: May 30, 2008
Time: 11:37 AM
Direction: East
Photo by: W Zierath
Exposure #: 054
Comments: The label
on the tank shown in
photograph 053.
Ihoo.
?
.1.210110••■•[ 1M W.
rarra rwrtl
?
yr:
a•
sale
••■••
Priemnr,
O-° °°. Orr
w
rerTI/Vre 1
?
2'"..
*Nroll
Master Builders
Technologies
MB-VR'(Standard)
AIR ENTRAINING ADMIXTURE FOR CONCRETE
ASTM C 260
NONFLAMMABLE
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
Date: May 30, 2008
Time: 11:37 AM
Direction: Northeast
Photo by: W Zierath
Exposure #: 053
Comments: A tank that
Mr. Hollembeak said
contained a chemical
for treating concrete.
File Names: 0090105033-05302008-[Exp. #].jpg
Page 27 of 28
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC
#
0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0090105033-053020084Exp. #].jpg
Date: May 30, 2008
Time: 11:38 AM
Direction: Northwest
Photo by: W Zierath
Exposure #: 055
Comments: A used tire
located along the south
wall of the garage.
Date: May 30, 2008
Time: 11:38 AM
Direction: North
Photo by: W Zierath
Exposure #: 056
Comments: Used tires
leaned against the
south wall of the
garage.
Page 28 of 28
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LPC# 0090105033 — Brown County
Mt. Sterling/Hollembeak Concrete
May 30, 2008
Site Plan
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EMMIE
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CORP/LLC - CERTIFICATE OF GOOD STANDING
?
Page 1 of 1
LP
G?
co
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t
010-s-633
LLesA- donie
cotycKe---76-
F-e,5
ricC
SERVICES
?
PROGRAMS
?
PRESS
?
PUBLICATIONS
?
DEPARTMENTS
?
CONTACT
CORPORATION FILE DETAIL REPORT
Entity Name
HOLLEMBEAK
CONCRETE, INC.
File Number
51163435
Status
GOODSTANDING
Entity Type
CORPORATION
Type
of
Corp
FOREIGN BCA
Qualification
Date (Foreign)
05/16/1977
State
DELAWARE
Agent Name
THEODORE R
HOLLEMBEAK
Agent Change Date
00/00/0000
Agent Street
Address
402 PITTSFIELD RD
President Name & Address
THEODORE R HOLLEMBEAK
402 PITTSFIELD RD MT
STERLING
Agent City
MT STERLING
Secretary Name & Address
ELIZABETH J HOLLEMBEAK 402
PITTSFIELD RD MT STERLING
Agent Zip
62353
Duration Date
PERPETUAL
Annual
Report
Filing Date
04/18/2008
For Year
2008
Return to the Search Screen
Purchase Certificate of Good Standing
(One Certificate per Transaction)
BACK TO CYBERDRIVEILLINOIS.COM HOME PAGE
http://www.ilsos.gov/corporatellc/CorporateLlcController
?
6/19/2008
ichel e M. Ryan
Special Assistant Attorney General
PROOF OF SERVICE
I hereby certify that I did on the 9th day of July 2008, 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 ADMINI
KFF
TION,
ID
TATE
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
JUL
1
2008
OF
1
I
To:
Theodore and Elizabeth Hollembeak
HollembAltigt3hrt6
11
LAOIS
317 Fairgrounds St.
ATTN: Theodore Hollem
•
eak
Board
Mt. Sterling, Illinois 62353
402 Pittsfield Road
Illinois 62353
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:
John Therriault, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
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
