ILLINOIS

ENVIRONMENTAL

PROTEcTIoN

AGENCY

1021

NORTH GRAND

AVENUE

EAST,

P.O. Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276

—(217)

782-2829

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHIcAGo,

IL

60601

- (312)

814-6026

October

14,

2008

ROD

R. BLAGOJEvIcH,

GOVERNOR

DOUGLAS

P.

Scorr,

DIRECTOR

CLERK’

John

Therriault,

Clerk

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

100

West

Randolph

Street,

Suite

11-500

Chicago,

Illinois

60601

Li—I

OCT

172008

Re:

Illinois

Environmental Protection

Agency

v.

John

Kraushaar,

Jr. and

Kyle

Kraushaar

IEPA

File No.

293-08-AC:

0610405019—Greene

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

R0CKF0RD

—4302

North Main

Street, Rockford,

IL

61103 — (815)

987-7760

.

DES

PI.AINES

— 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

BuRE,su

OF LAND - PEORIA

— 7620

N.

University

St., Peoria,

IL

61614

— (309)

693-5462

CHAMPAIGN

- 2125

South

First

Street,

Champaign,

IL

61820

— (217)

278-5800

C0LLIN5YILLE

— 2009

MalI

Street,

CoIIinsvilIe,

IL 62234

— (618) 346.5120

.

MARION

— 2309

W. Main

St.,

Suite 116,

Marion,

IL 62959 —

(618)

993-7200

PRINTED ON

RECYCLED

PAPER

(217)

782-9817

TDD:

(217)

782-9143

STATE

OF

ILLINOI

PoJlut,

5

0

Control

8

°ard

Michelle

M.

Ryan

Assistant

Counsel

---

BEFORE

THE ILLINOIS

POLLUTION

CONTROL

BOARIf

1

E

LERK

C

E

S

OFFICE

yE

0

ADMINISTRATIVE

CITATION

O(21

172008

STATE

OFIL[JNOIS

]LLINOIS

ENVIRONMENTAL

)

POlItj

Contro

8

oard

PROTECTION AGENCY,

)

Complainant,

AC “

)

v.

)

(IEPA

No. 293-08-AC)

)

JOHN KRAUSHAAR,

JR and

KYLE

)

KRAUSHAAR,

)

)

Respondents.

)

NOTICE OF

FILING

To:

John Kraushaar,

Jr.

Kyle Kraushaar

531 W. Bridgeport Street

225

East Sherman Street

White

Hall,

IL 62092

White

Hall, IL 62092

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,

Michel

e M. Ryan

Assistant

Counsel

Illinois

Environmental Protection

Agency

1021 North

Grand Avenue East

P.O. Box

19276

Springfield,

Illinois 62794-9276

(217)

782-5544

Dated:

October

14, 2008

THIS

FIL]NG SUBMITTED

ON RECYCLED

PAPER

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARLERK’S

OFFICE

ADMINISTRATIVE

CITATION

OCT

‘172008

STATE

OF

ILLIN

S

ILLINOIS ENVIRONMENTAL

)

U

tOfl

Control

Board

PROTECTION

AGENCY,

)

)

Complainant,

)

AC

tj

V.

)

(IEPA

No.

293-08-AC)

JOHN

KRAUSHAAR,

JR and

KYLE

)

KRAUSHAAR

)

)

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

John

Kraushaar

is

the

current

owner

and

Kyle

Kraushaar

is the

operator

(“Respondents”)

of

a

facility

located

at

531

W. Bridgeport

Street,

White

Hall,

Greene

County,

Illinois.

The

property

is

commonly

known

to

the

Illinois

Environmental

Protection

Agency

as

White

Hall/Kraushaar

#2.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency

Operating

Permit

and

is

designated th Site

Code

No.

0610405019.

3.

That

Respondents

have

owned

and

operated

said

facility

at

all times

pertinent

hereto.

4.

That

on

September

3,

2008,

Charlie

King

of

the

Illinois

Environmental

Protection

Agency’s

(“Illinois

EPA”)

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.

5.

Thaton

/L2—/e,L-

?

,lllinois

EPAsentthisAdministrative

Citationvia

Certified

Mail

Nos.

‘7d27

4

7co7

CCOooôOjf3.

VIOLATIONS

Based

upon

direct

observations

made

by

Charlie

King

during

the course

of his

September

3,

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)(l)

(2006).

(2)

That

Respondent

caused

or allowed

the

open

dumping

of waste

in

a manner

tesulting

in open

burning,

a

violation

of Section

21(p)(3)

of

the

Act,

415

ILCS

5/21

)(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

5121(p)(7)

(2006).

2

---

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

elects

not to

petition

the

Illinois

Pollution

Control

Board,

the

statutory

civil

penalty

specified

above

shall

be due

and

payable

no

later

than

November

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,

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.

3

---

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.

4

---

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

I LCS

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.

f

Date:

(of,qioa

Dougla’P. Scott,

Dictor

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

5

---

REMITTANCE

FORM

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Complainant,

)

AC

I

I

V.

)

)

(IEPA

No.

293-08-AC

JOHN

KRAUSHAAR,

JR

and

KYLE

)

CLr-8V

K’S

of

KRAUSHAAR

)

ocr

c

E

l

I?2008

Poliut

0

c

0

Nois

Respondents.

FACILITY:

White

HaII/Kraushaar#2

SITE

CODE

NO.:

0610405019

COUNTY:

Greene

CIVIL

PENALTY:

$4,500.00

DATE

OF

INSPECTION:

September

3,

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.

6

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

AFFIDAVIT

IN

THE

MATTER

OF

)

)

Illinois

Environmental

)

4

i’l

Protection

Agency

)

-

C

-

vs.

)

IEPA

DOCKET

NO.

4.

S

ir’r

I

U(,I

I

John Kraushaar,

Jr., and,

)

7

Kyle

Kraushaar,

)

Respondents

)

°fltroi

Affiant,

Charles

W.

King,

Jr.,

being

first

duly

sworn,

voluntarily

deposes

and

states

as

follows:

1.

Affiant

is

a

field

inspector

employed

by

the

Division

of

Land

Pollution

Control/Field

Operations

Section

of

the

Illinois

Environmental

Protection

Agency

and

has

been

so

employed

at

all

times pertinent

hereto.

2.

On

September

3,

2008

between

12:30

PM

and

1:00

PM, Affiant

conducted

an

inspection

of

a

disposal

site

operated

without

an

Illinois

Environmental

Protection

Agency

permit,

located

in

Greene

County,

illinois,

and

known

as

White

HalllKraushaar

#

2

by the

Illinois

Environmental

Protection

Agency.

Said

site

has

been

assigned

site

code

number

LPC#

0610405019

by

the

Illinois

Environmental

Protection

Agency.

3.

Affiant

inspected

said White

Hall/Kraushaar

#

2

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

White

HalllKraushaar

#2

open dump.

14’-

1

LJL

Charles

W.

King,

Jr.

Subscribed

and

Sworn

To

before

me

This

/9

day

of4

,._

Notary

Public

OFFICIAL

SEAL

CHARLENE

K.

POWELL

NOTARY

PUBLIC.

STATE

OF

ILUNOIS

MY

COMMISSION

EXPIRES

MARCH

15,2012

---

ILLINOIS

ENVIRONMENTAL PROTECTION

AGENCY

Open

Dump

Inspection

Checklist

County:

Greene

LPC#:

0610405019

Region:

5

- Springfield

Location/Site

Name:

White

Hall/Kraushaar

# 2

Date:

09/03/2008

Time:

From

1230

To

1300

Previous

Inspection

Date: 05/09/2008

Inspector(s):

Charlie King

Weather:

Overcast,

65

deg. F.,

Winds

SE

@

10

mph

No.

of Photos

Taken:

18

Est. Amt.

of Waste:

881

yds

3

Samples

Taken:

Yes #

No

Interviewed:

Complaint

#: C-08-135-C

Responsible

Party

Mailing

Address(es)

and

Phone

Number(s):

Kyle

Kraushaar

John

Kraushaar,

Jr.q

225

East

Sherman

Street

531

W.

Bridgeport

217/374-6053

White

Hall,

IL

62092

(phone

White

Hall,

#

unknown)

IL 62092

u

nt’r

I

7jj

OF

ILLINO

SECTION

DESCRIPTION

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

El

4.

12(d)

CREATE

A

WATER POLLUTION

HAZARD

LI

5.

21(a)

CAUSE

OR

ALLOW

OPEN DUMPING

CONDUCT

ANY WASTE-STORAGE,

WASTE-TREATMENT,

OR

WASTE-

DISPOSAL

6.

21(d)

OPERATION:

(1)

Without

a

Permit

(2)

In

Violation

of Any

Regulations

or

Standards

Adopted

by the

Board

DISPOSE,

TREAT,

STORE,

OR

ABANDON

ANY

WASTE,

OR

TRANSPORT

ANY

WASTE

INTO

THE STATE

ATITO SITES

NOT

MEETING

REQUIREMENTS

OF

ACT

7.

21(e)

AND

REGULATIONS

CAUSE

OR ALLOW

THE

OPEN

DUMPING

OF

ANY WASTE

IN

A MANNER

WHICH

RESULTS

8.

21(p)

IN

ANY OF

THE

FOLLOWING

OCCURRENCES

AT

THE

DUMP

SITE:

(1)

Litter

(2)

Scavenging

El

(3)

Open

Burning

(4)

Deposition

of Waste

in

Standing

or Flowing

Waters

El

(5)

Proliferation

of Disease

Vectors

El

(6)

Standing

or

Flowing

Liquid

Discharge

from

the

Dump Site

El

Revised

06/18/2001

(Open

Dump

- 1)

---

LPC#

0610405019

Inspection Date:

Informational Notes

September 3, 2008

1.

[Illinois]

Environmental Protection Act: 415 ILCS 5/4.

2.

Illinois

Pollution Control

Board:

35 Ill. 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.

Deposition of: (i)

General Construction or Demolition

Debris

as

defined

in Section

(7)

3.160(a); or (ii) Clean Construction

or Demolition Debris

as defined

in Section

3.160(b)

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

Li

)

Cause or Allow Water

to

Accumulate in

Used Tires

LJ1

35

ILLINOIS ADMINISTRATIVE

CODE

REQUIREMENTS

SUBTITLE

G

FAILURE TO SUBMIT AN APPLICATION

FOR A PERMIT

TO DEVELOP

AND

10.

81 2.101 (a)

OPERATE A LANDFILL

11.

722.111

HAZARDOUS WASTE DETERMINATION

Li

12.

808.121

SPECIAL

WASTE DETERMINATION

Li

ACCEPTANCE OF SPECIAL WASTE

FROM A WASTE TRANSPORTER

WITHOUT

A

WASTE HAULING

PERMIT, UNIFORM WASTE PROGRAM

REGISTRATION

AND

Li

13.

809.302(a)

PERMIT AND/OR MANIFEST

OTHER

REQUIREMENTS

14.

APPARENT

CASE NUMBER:

VIOLATION OF:

(LI)

PCB;ORDER

(Li)

ENTERED

CIRCUIT

COURT

ON:

Li

15.

OTHER:

Li

Li

Li

Li

Li

Li

Revised 06/18/2001

(Open Dump - 2)

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

MEMORANDUM

DATE:

September

18,

2008

TO:

Land

Division

File

FROM:

Charlie

King, DLPC/FOS

— Springfield

Region

SUBJECT:

LPC

# 0610405019

— Greene County

White

Hall/Kraushaar #2

C-08-1

35-C

FOS

File

NARRATIVE

RE-INSPECTION

REPORT

DOCUMENT

The purpose

of

this

memorandum

is to serve

as

the

Narrative

Re-Inspection

Report

Document

of an inspection

conducted

at the

subject site on

September 3,

2008

from

approximately

12:30 a.m. until

1:00 p.m., by this

author.

The

re-inspection was

conducted

to

follow-up

the original

site inspection

conducted

on May 9, 2008,

also by

this

author.

That inspection

resulted in the finding

of multiple

apparent violations

that

were alleged in this

author’s Narrative

Inspection

Report Document

Memorandum

to the

Land

Division

File, dated

June 18, 2008. That

original

inspection

resulted in the issuance

of two Open Dump

Administrative

Citation

Warning

Notices

(ACWN5), issued

to

property owner

John Kraushaar,

Jr.,

and

site

operator Kyle Kraushaar,

John Kraushaar,

Jr.’s

son,

who apparently

is a contractor in

White Hall.

The ACWN’s were both

dated

June

19, 2008. Both

ACWN’s required

a written response

within 15 days

of the date

of

each notice. Both

ACWN’s required

site cleanup

by September 1, 2008,

and

both

ACWN’

s requircd the submittal

of

copies of

receipts documenting

the proper disposal

or

recycling of

the wastes. As

of the

date

of

this narrative, no response

or receipts had

been

received. As of the date

of the re-inspection,

no cleanup

of the site had been conducted.

In fact,

if anything, it

is suspected that

additional wastes had

been

added to

the

site

between the time of the

original

site

inspection and the re-inspection.

Additional

wastes,

beyond those observed

during

the

original site inspection,

were

observed

during

the re

inspection. However,

due

to the large

amount

of

dense vegetation, observation

was

limited.

Therefore,

the same amount

of

open

dumped wastes observed

during the

original inspection

is being

alleged

to

exist

at the site during

the re-inspection, i.e.,

881

Cu. yds.

of

wastes,

most

of which are demolition

wastes.

The Narrative

Inspection

Report

Document

Memorandum

to the Land

Division

File

dated

June 18, 2008

and following

the initial site inspection

of May

9,

2008,

provided

information of

open burning inspections

by

the

White Hall Police

Department.

That

information will not

be

repeated

herein.

---

The site that is the subject of this narrative is

located at 531

W. Bridgeport Street,

White

Hall, IL

62092,

which is where John Kraushaar,

Jr. lives. The Legal

and specific

location

information obtained from

review of the

Warranty Deed,

was also presented

in

the original Narrative, and therefore, that information

will also

not be repeated

herein.

No

telephone number was available for

John N. Kraushaar,

Jr. Kyle Kraushaar’s

address

is 225

East Sherman Street, White Hall,

IL 62094. His telephone

number is: 2

17/374-

6053.

Upon arrival at the site on the day of the re-inspection,

the weather was

overcast with

an

air

temperature was approximately

65°

F.

The winds were southeasterly

at

approximately

10 mph. Surface

soil conditions

were

mostly dry.

Upon arrival at the

site

on the day of the re-inspection,

I initially could

not see much

of

the

conditions

at

the site

due to the very tall weeds, some

of which were

over seven

(7)

feet tall.

However, closer examination

revealed the same wastes

previously

observed

on-

site. Some dumped roofing wastes appeared

to be recently dumped.

The large truck

near

the garage was

gone,

but

another large

truck, this one

a dump truck with old

temporary

license

plates, had a full load of roofing

shingles (as shown in

the Digital Photographs).

During the re-inspection, 14 photographs were

taken with a digital

camera. They

show

the

conditions

at the site on the

day of the inspection. From

the photographs

and the re

inspection, as well as from the original site

inspection sketch,

a partially computer

generated and partially hand-drawn sketch of the site

was developed

by this author.

It

shows the basic layout of the site, as well

as

the approximate

locations

and directions

of

the

Digital Photographs. The digital camera

assigns

a three-digit

number to each

photograph, i.e., 001, 002, etc. This is how the

photographs are referred

to in this

narrative and on the Digital Photograph pages. However,

real numbers

were

used on the

Site

Sketch, i.e.,

1, 2,

etc. Copies of the Digital Photographs and

the Site Sketch

accompany this narrative.

The Digital Photographs are described as follows:

Photo #

001 shows lumber and wood chunks, and

an empty drum.

Photo

#

002 shows

the

overgrown weed area where the open

dumped demolition

waste

is

located.

Photo # 003

shows roofing wastes can barely be seen in the dense

vegetation.

Photo #

004

shows demolition and other wastes in the dense

weeds.

Photo #

005. shows

clear

evidence

of open burned wastes.

Photo # 006

shows a continuation of the open burned

wastes shown in previous

photo

#

005.

This part of

the

pile matches up with the right side of the previous

photo.

2

---

Photo

# 007 shows

a newer

or

more recently dumped

pile of shingles.

Photo

# 008 shows

the

same

pile

shown in photo

# 007,

from

a

different angle.

Photo

# 009 shows

a dump truck

loaded with

shingles

and other wastes.

Photo

#

010

shows

temporary plates

on the dump truck

shown in photo #

009.

Photo

#

011

shows

the front

of

the dump truck with

damage to the fender,

the

windshield

and the driver’s

side window.

Photo

# 012 shows demolition

wastes are

on the ground

just beyond the

landscape

waste

in the

foreground.

Photo

# 013 shows more

shingles on

the ground.

Photo

# 014 shows two

junk

trucks

in the dense

vegetation.

Photo

# 015 shows a

closer

view of

thejunk trucks

shown

in

photo #

014.

Photo # 016 shows

waste

tires and

metals

on the

east side of the garage,

behind the

house.

Photo

# 017 shows

seven

foot

tall

weeds

almost

completely shielding

dumped

wastes

from

view.

Photo # 018

shows the front of

John Kraushaar,

Jr.’s house.

During

the

re-inspection,

apparent

violations

of

the Illinois

Environmental Protection

Act

(Act) and of the regulations,

Title

35, Illinois Administrative

Code,

Subtitle

G

(35

I.A.C.),

were

again

observed.

Those

apparent

violations

of the

Act

are

Sections: 9(a),

9(c),

21(a),

21(d)(1),

21(d)(2),

21(e),

21(p)(l),

2l(p)(3)

and

21(p)(7).

An apparent

violation of

the

regulations,

35 IAC,

is Section: 8 12.101(a).

Additional information

regarding

the

violations

can be found

in the

Open

Dump

Inspection Checklist,

which

accompanies this

narrative

and

is a part of this report.

There are no other

comments

to

report.

CK

3

---

Large

open

dump

and

.

open burn

P

LiLL

‘

measuring

150’

x45’

x

‘

A-’

,I4-4L

.t

l

LC-

4c.

.SS..L

L

.‘

,L

.

John

Kraushaar,

Jr.

House

At

531 West

Bridgeport

Street

SITE

SKETCH

Site

name:

White

HalllKraushaar

#2

County:

Greene

LPC

#:

0610405019

Date:

September

3, 2008

Inspector:

Charlie

King

Time:

12:30

p.m.

to

1:00

p.m.

FOS

File

A digital

camera

was

used

for the

Inspection

p1

9

tos.

Distances

are

approximate

— Not

drawn

to

scale

Bridgeport

Street

House

House

Apparent

proper

boundaiy

line

Garage

1zZEzZZ

5+

7-

//1O

8+

14

25’x20’x2’

15’x15’x2’

10’x8’x3’

LEGEND

2 -

Photo

number

and direction

Open

dumping

Open dumping

and

open

burning

A

-

Apparent

junk

truck

13

15’x8’xl’

---

File

Names:

061040501

9-09032008-[Exp.

#].jpg

Comments:

Lumber

and

wood

chunks,

an

empty

drum.

Date:

September

3,

2008

Time:

12:32

p.m.

Direction:

SE

Photo

by:

Charlie

King

Exposure

#:

002

Comments:

The

overgrown

weed

area

is

wherethe

open

dumped

demolition

waste

is

located.

Page

1

of

9

---

File

Names:

0610405019—09032008-[Exp.

#].jpg

Comments:

Roofing

wastes

can

barely

be

seen

in

the

dense

vegetation.

Date:

September

3,

2008

Time:

12:35

p.m.

Direction:

S

Photo

by:

Charlie

King

Exposure#:

004

Comments:

Demolition

and

other

wastes

in

the

dense

weeds.

Page

2

of

9

---

Comments:

Clear

evidence

of

open

burned

wastes.

Date:

September

3,

2008

Time:12:37

p.m.

Direction:

SE

Photo

by:

Charlie

King

Exposure#:

006

Comments:

A

continuation

of

the

openburned

wastes

shown

in

previous

photo

#005.

This

part

of

the

pile

matches

up

with

the

right

side

of

the

previous

photograph.

File

Names:

0610405019—09032008-[Exp.

#].jpg

Page3of9

---

File

Names:

061

040501

9-09032008-[Exp.

#].jpg

Comments:

A

newer

or

more

recently

dumped

pile

of

shingles.

Date:

September

3,

2008

Time:

12:38

p.m.

Direction:

SE

Photo

by:

Charlie

King

Exposure#:

008

Comments:

The

same

pile

shown

in

photo

#

007

from

a

different

angle

Page4of9

---

File

Names:0610405019-09032008-[Exp.

#].jpg

Comments:

A

dump

truck

loaded

with

waste

shingles

and

other

wastes.

Date:

September

3,

2008

Time:

12:40

p.m.

Direction:

SW

Photo

by:

Charlie

King

Exposure#:

010

Comments:

Temporary

plates

on

the

dump

truckshown

in

photo

#

009.

Page5of9

---

011

Comments:

The

front

of

the

dump

truck

shows

damage

to

the

fender,

the

windshield

and

the

driver’s

side

window.

Date:

September

3,

2008

Time:

12:44

p.m.

Direction:

N

Photo

by:

Charlie

King

Exposure#:

012

Comments:

Demolition

wastes

are

on

the

ground

just

beyond

the

landscape

waste

in

the

foreground.

File

Names:

061040501

9-09032008-[Exp.

#J.jpg

Page6of9

---

File

Names:

061040501

9—09032008-[Exp.

#J.jpg

Exposure#:

013

Comments:

More

shingles

on

the

ground.

Date:

September

3,

2008

Time:

12:46

p.m.

Direction:

S

Photo

by:

Charlie

King

Exposure#:

014

Comments:

Two

junk

trucks

in

the

dense

vegetation.

Page7of9

---

File

Names:

061040501

9-09032008-[Exp.

#].jpg

Exposure#:

015

Comments:

A

closer

view

of

the

junk

pick

up

trucks

shown

in

photo

#

014.

Date:

September

3,

2008

Time:

12:48

p.m.

Direction:

N

Photo

by:

Charlie

King

Exposure#:

016

Comments:

Waste

tires

andmetals

on

the

east

side

of

the

garage,

behind

the

house.

Page8of9

---

Exposure#:

Comments:

Seven

foot

tall

weeds

almost

completely

shield

dumped

wastes

from

view.

Date:

September

3,

2008

Time:

12:54

a.m.

Direction:

S

Photo

by:

Charlie

King

Exposure#:

018

Comments:

The

front

of

John

Kraushaar,

Jr.’s

house.

-

File

Names:

061040501

9—09032008-[Exp.

#].jpg

Page

9of9

---

AFFIDAVIT,

and

OPEN

DUMP

INSPECTION

CHECKLIST

To:

John

Kraushaar,

Jr.

Kyle

Kraushaar

531

W.

Bridgeport

Street

225

EastSherman

Street

White

Hall,

IL

62092

White

Hall,

IL

62092

and

the

original

and

nine

(9)

true

and

correctcopies

of

thesame

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

JJcLLiJ

t

Michelle

M.

Ryan

Assistant

Counsel

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