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
-
ROD R. BLAG0JEvIcH,
GOVERNOR
DOUGLAS
P. ScoTt, DIRECTOR
OCT20
2uo
STATE
OF
ILLINOIS
(217) 782-9817
POllUtiOn
Control
Board
TDD:
(217)
782-9143
October 15 2008
John Therriault,
Clerk
Illinois Pollution
Control Board
James R.
Thompson
Center
100
West
Randolph
Street, Suite 11-500
Chicago,
Illinois
60601
Re:
Illinois Environmental
Protection
Agency
v. Charles Kissick
JEPA
File No. 298-08-AC:
1370455012—Morgan
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.
Michelle
M. Ryan
Assistant
Counsel
Enclosures
R0cKF0RD
— 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
CHAMFAIGN — 2125
South First Street, Champaign,
IL 61820 — (217)
278-5800
C0LuN5vILLE — 2009 MalI
Street,
Collinsville,
IL 62234 — (618)
346-5120
.
MARION
— 2309 W. Main
St., Suite 116,
Marion,
IL 62959
— (618)
993-7200
PRINTED ON RECYCLED
PAFER
CV
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
OFFICE
ADMINISTRATIVE
CITATION
OCT
-20
POllUtion
STATE
OF
Control
ILLINOIS
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
A
Complainant,
)
AC
j
)
v.
)
(IEPA
No.
298-08-AC)
)
CHARLES
KISSICK,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Charles
Kissick
3249
Loami
Road
Alexander,
IL 62601
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,
Assistant
Counsel
Illinois
Environmental
Protection
Agency
1021 North
Grand Avenue
East
P.O. Box
19276
Springfield,
Illinois
62794-9276
(217) 782-5544
Dated:
October
15,
2008
THIS
FIIJNG SUBMITTED
ON
RECYCLED
PAPER
CEOVED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS
POLLUTION CONTROL
BOARD
OCT
20
2OO
ADMINISTRATIVE
CITATION
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
I
V.
)
(IEPA
No.
298-08-AC)
)
CHARLES
KISSICK
)
Respondent.
)
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
Charles
Kissick
is
the current
owner
(“Respondent”)
of
a
facility
located
at
391
West
Tanner,
Waverly,
Morgan
County,
Illinois.
The
property
is
commonly
known
to
the
Illinois
Environmental Protection
Agency
as
Waverly/Kissick
#2.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency
Operating
Permit
and
is
designated with
Site
Code
No. 1370455012.
3.
That
Respondent
has
owned
said
facility
at all
times
pertinent
hereto.
4.
That
on
September
9,
2008,
Mark
Weber
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.
That
on
/1)
,i
.
t92
, Illinois
EPA
sent this
Administrative
Citation
via
Certified
MailNo.
‘7O9s
70
poOl
2i
7IS.
VIOLATIONS
Based
upon
direct
observations
made
by Garrison
Gross
during
the
course
of his
September
10, 2008
inspection
of
the
above-named
facility,
the Illinois
Environmental
Protection
Agency
has
determined
that
Respondent
has violated
the
Illinois
Environmental
Protection
Act (hereinafter,
the
“Act”)
as
follows:
(1)
That
Respondent
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
S/
2
1(p)(1)
(2006).
(2)
That Respondent
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).
CIVIL
PENALTY
Pursuant
to
Section
42(b)(4-5)
of
the
Act,
415
ILCS
5/42(b)(4-5)
(2006),
Respondent
is
subject
to a civil
penalty
of
One
Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
of the
violations
identified
above,
fora
total
of
Three
Thousand
Dollars
($3,000.00).
If Respondent
elects
not to
petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be
due
and payable
no
later
than November
30, 2008,
unless
otherwise
provided
by
order of
the
Illinois
Pollution
Control
Board.
2
If Respondent
elects 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,
Respondent
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 Respondent
fails
to petition
or elects
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,
Respondent
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 Respondent
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 Respondent
in Circuit
Court
to collect
said penalty
and/or
hearing
costs, plus
any
interest
accrued.
3
PROCEDURE
FOR CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent
has
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 Respondent
elects
to
contest
this
Administrative
Citation,
then, Respondent
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
Respondent.
D-_L
P.
Date:
ioJi1o
DougIas.
Scott,
Director
‘)
k---,
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
4
REMITTANCE
FORM
OCT
20
2008
STATE
OF
ILLINO,
ILLINOIS
ENVIRONMENTAL
)
iOlIUtjon
Control
8oad
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No. 298-08-AC)
CHARLES
KISSICK,
)
Respondent.
FACILITY:
Waverly/Kissick
#2
SITE
CODE
NO.:
1370455012
COUNTY:
Morgan
CIVIL PENALTY:
$3,000.00
DATE
OF
INSPECTION:
September
9,
2008
DATE
REMITTED:
55/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
AFFIDAVIT
IN THE MATTER OF:
)
Illinois
Environmental
)
‘ 1
20
2008
Protection Agency
)
ST4ToF.
IL
)
POll
0
fl
vs.
)
IEPA DOCKET NO.
)
Charles Kissick,
)
)
Respondent.
)
Affiant, Mark
3.
Weber, 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
9,
2008 between 10:10 AM and 10:50 AM, Affiant conducted
an
inspection of
a
disposal site operated without an Illinois Environmental
Protection
Agency permit, located in Morgan County, Illinois, and known as
Waverly/Kissick #2
by
the Illinois
Environmental Protection
Agency.
Said site has been assigned site code
number LPC# 1370455012 by the Illinois Environmental Protection
Agency.
3.
Affiant inspected said
Waverly/Kissick #2 open dump site
by
an on-site inspection,
which included a
walk through of the site and photo documentation of site
conditions.
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 Waverly/Kissick
#2 open dump.
Mark
3.
eber
Subscribed and
Sworn To before me
This
c%ay
of
5
Notary
Public
OFFICIAL
SEAL
CHARLENE
K.
POWELL
NOTARY
PUBLIC
- STATE
OF
ILLINOIS
MY
COMMISSION
EXPIRES
MARCH 15,2012
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open Dump
Inspection
Checklist
County:
Morgan
LPC#:
Region:
5 - Springfield
Location/Site
Name:
Waverly/Kissick
#2
Date:
09/09/2008
Time: From
1010
To 1050
Inspector(s):
Mark
Weber
Weather:
No. of Photos
Taken:
# 15
Est.
Amt. of Waste:
40
yds
3 Samples
Taken: Yes
#
Interviewed:
No One
Complaint
#:
C-09-035-C
Charles
Kissick
3249 Loami
Road
Alexander,
IL
62601
217/652-9936
EcVED
LERK
S
OFFICE
OCT20
2008
Poliuto
STATE
OF
Control
ILLINOIS
Rngrd
SECTION
DESCRIPTION
VIOL
1.
9(a)
CAUSE, THREATEN
OR
ALLOW
AIR POLLUTION
IN ILLINOIS
El
2.
9(c)
CAUSE OR
ALLOW OPEN
BURNING
El
3.
12(a)
CAUSE,
THREATEN
OR
ALLOW WATER
POLLUTION
IN ILLINOIS
El
4.
12(d)
CREATE A
WATER POLLUTION
HAZARD
El
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
AT/TO 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
El
(4)
Deposition
of Waste
in Standing
or
Flowing
Waters
V
El
(5)
Proliferation
of Disease
Vectors
El
(6)
- Standing or
Flowing Liquid Discharge
from the Dump
Site
El
1370455012
Previous
Inspection
Date: 09/14/2007
Approx.
55
degrees F w/10 -20
mph NWwind
Responsible
Party
Mailing
Address(es)
and Phone
Number(s):
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
Revised 06/18/2001
(Open Dump
- 1)
OTHER
REQUIREMENTS
APPARENT
VIOLATION
OF:
(LI)
PCB;
(LI)
CIRCUIT
COURT
14.
CASE NUMBER:
ORDER
ENTERED
ON:
15.
OTHER:
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.
LPC#
1370455012
Inspection Date:
09/09/2008
Deposition
of General Construction
or Demolition
Debris;
or
Clean
Construction
or
(7)
Demolition
Debris
9.
55(a)
NO PERSON
SHALL:
(1)
Cause_or
Allow_Open_Dumping_of
Any_Used_or_Waste_Tire
(2)
Cause or Allow
Open Burnhig
of Any Used or Waste
Tire
35 ILLINOIS ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE_G
FAILURE
TO
SUBMIT AN
APPLICATION FOR
A PERMIT
TO DEVELOP
AND
10.
812.101
(a)
OPERATE
A LANDFILL
11.
722.111
HAZARDOUS
WASTE_DETERMINATION
12.
808.121
SPECIAL
WASTE DETERMINATION
ACCEPTANCE OF
SPECIAL WASTE
FROM
A
WASTE
TRANSPORTER
WITHOUT
A
WASTE HAULING PERMIT,
UNIFORM
WASTE
PROGRAM
REGISTRATION
AND
13.
809.302(a)
PERMIT
AND/OR
MANIFEST
Revised 06/18/2001
(Open Dump
- 2)
.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
MEMORANDUM
DATE:
September
25, 2008
TO:
BOL
Division
File
FROM:
Mark Weber,
DLPC/FOS
- Springfield
Region
SUBJECT:
LPC#
1370455012
- Morgan
County
Waverly/Kissick
#2
FOS File
On
September
9,
2008
Mr.
Mark Weber
Division
of Land Pollution
Control/Field
Operations
Section
(DLPC/FOS)
- Springfield
Regional
Office (SRO)
conducted
an
inspection
of the
Kissick
#2
site in Waverly,
Illinois.
The Illinois
EPA site
inspection
was conducted
based
upon
two complaints
received
by the
SRO.
One of
the
complainants
indicated
that
the
property
owner had
been bringing
junk
vehicles,
used
tires, furniture
and
leaking
fuel tanks
to the property.
The
other
complainant
reported
that
Mr.
Kissick
had crushed
a fuel
tank
before emptying
the
contents
which resulted
in
a
release
of fuel
onto
the ground.
The
Kissick
#2
site is
located at
391 West
Tanner
in
Waverly, Illinois.
Legally
and
specifically
the property
is located
at Lot
Five
(5)
in R.P. Droke’s
First
Addition
to the
Town,
now
city
of
Waverly,
Morgan
County,
Illinois.
The legal
description
was derived
from
a
Warranty
Deed
recorded
on March
31,
2008
with the
Morgan
County
Recorder’s
Office. The
owner
on
the deed
is listed
as
Charles L.
Kissick.
Mr. Kissick’s
mailing
address
is provided
as 3249 Loami
Road
in Alexander,
Illinois.
September
9,
2008
Inspection
The Illinois
EPA inspection
of
the
Kissick
#2 site took
place between
1010 and
1050.
The
temperature
was
approximately
550
fahrenheit.
The
skies were
partly
cloudy with
a
10
—
20
mile
per
hour
northeast wind.
Soil
conditions
were
wet/saturated
due to
recent
heavy rains.
There
is
no residence
at the
property
as
it had been
recently
demolished.
Mr.
Kissick
was not present
during the
site
inspection.
Mr. Kissick
had
purchased
the
property from
Mr.
Randy
Long.
It is important
to note
that this
site was subject
to two
separate
site
inspections
on April 9,
2007 and
a
re-inspection
on
September
14,
2007.
At the time
the
property was
owned by
Mr. Randy
Long.
Mr.
Long
was
sent
an
Administrative
Citation
Warning
Notification
(ACWN)
as a
result
of the
initial inspection
in which
a number
of
violations
of the
Environmental
Protection
Act were
cited. Open
dumped
wastes
included
scrap
metal,
used
tires,
lead
acid batteries,
white
goods,
and
automotive
parts.
Based
upon
the
available
Bureau
of Land
file
information
it
does not appear
that any
effort
was made
by
Mr. Long
to
return to
compliance.
1
The
solid
waste dumped on-site
is easily
visible
from
West Tanner
Street.
Wastes
observed during the
September
9,
2008 inspection
included
dimensional
lumber,
furniture, plastics,
a
number
of
compressed
gas cylinders,
electronics,
mixed metals,
construction
& demolition
debris, and
white goods. The
total
volume
of open dumped
solid
waste
is estimated
at 30 — 40 cubic
yards.
Also located on-site are
approximately
20
used
tires
and at least
one lead acid
automotive
battery. There is
also an unlicensed/abandoned
vehicle
at the property.
This inspector
also observed
a
partially
crushed above
ground
storage
tank
(AST).
The total
volume
of
the AST
was
estimated
at 200
gallons.
The
type
of tank is
consistent
with
those
used
to
contain
fuel
oil.
Soil
underneath
and
around
the fill cap
of the upended
AST was
darkly
stained
which
is indicative
of the contents
of the tank spilling
directly
onto
the soil.
Mr.
Kissick
will need to determine
whether
or not the
spilled
material
is either a
hazardous
or
special waste in order
to determine an
appropriate disposal
method.
Much
of the on-site soil
appeared
to
have been recently
disturbed.
It was learned that
Mr.
Kissick
had demolished
the residence at
the property
which resulted
in the construction
and demolition
debris
illegally open dumped
on-site. Mr.
Kissick
reportedly
filled
the
basement
of the former residence
with
broken up concrete
and soil. It
was also reported
that
all of the dimensional
lumber, shingles,
wallboard, and
insulation
had been removed
prior to backfilling.
Please refer
to the
attached
photographs
for
depictions
of
site
conditions as
they appeared during
the
September
9,
2008
inspection
Photograph
#1 provides an
overall view
of the Kissick
#2 site from
West Tanner
Street.
Photograph #2 provides
another view of
the
Kissick
#2 site
from
West Tanner.
Photograph #3 is
of
a pile of mixed metals,
plastic,
white
goods,
and
glass
open
dumped
on-site.
Photograph
#4 is
a close-up of furniture,
white
goods,
mixed
metals, compressed
gas
cylinders, plastics,
and glass
open
dumped on-site.
Photograph
#5 is a close-up of
a burn barrel
located on-site.
Photograph
#6
depicts two trailers
located
in
the northwest
corner of the site
with metals,
solid
waste, and a
12 volt
battery contained within.
Photograph
#7
shows
some
of
the used tires located
at the Kissick
#2 site.
Photograph
#8 depicts more
used
tires located on-site.
Photograph #9
provides
a
view
of open
dumped demolition
debris
and used tires.
Photograph
#10 depicts
some used
tires, mixed metals,
and demolition
debris
open
dumped
on-site.
2
Photograph
#14
is
a
close-up
of
stained
soil
underneath
an
AST
that
appeared
to
likely
contain
fuel
oil
at
one
time.
During
the
September
9,
2008
site
inspection
apparent
violations
of
theIllinois
Environmental
Protection
Act
were
observed.
The
violations
of
the
Act
whichwere
observed
include
Sections:
21(a),
21(d)(1)
and
(2),
21(e),
21(p)(l),
2l(p)(7)
and
55(a)(1).
Apparent
violations
of
the
Regulations,
35
IAC
include
Sections
812.101,
722.111
and
808.121.
Refer
to
the
attached
Open
Dump
Checklist
for
additional
information.
The
Illinois
EPA
inspector
leftthe
Kissick
#2
site
and
proceeded
to
the
Morgan
County
Courthouse
in
Jacksonville,
Illinois
to
obtain
a
deed
for
the
property.
cc:
DLPC/FOS
-
Springfield
Region
3
Garage
t
#11
#6
#7
#13
•4—•
#12_
#8
#9
#14-
(
Waste
#4
1
#/
#3
Tanner
Road
Not
To
Scale
•:
•I
0
•
U,
Co
of
the
Kissick
#2
site
from
Tanner
Street.
Date:
09/09/2008
Time:
1018
Direction:
N
Photo
by:
Mark
Weber
Exposure
#:
2
Comments:
Another
view
of
the
Kissick
#2
site
from
Tanner
Street.
Page
1
of7
File
Names:
1370455012—09092008-
[Exp.
#j
.j
pg
Comments:
Pile
of
mixed
metals,
plastic,
white
goods,
and
glass
open
dumped
on-site.
Date:
09/09/2008
Time:
1019
Direction:
NE
Photo
by:
Mark
Weber
Exposure
#:
4
Comments:
Furniture,
white
goods,
mixed
metals,
compressed
gas
cylinders,
plastics,
and
glass
open
dumped
on
site.
Page2of7
File
Names:
1370455012-09092008-IExp.
#j.jpg
located
on-site.
Date:
09/09/2008
Time:
1020
Direction:
N
Photo
by:
Mark
Weber
Exposure
#:
6
Comments:
Two
abandoned/inoperable
trailers
with
metals,
solid
waste,
and
a
12
volt
battery
containedwithin.
•1
-
1
Page
3
of7
Comments:
Some
of
the
used
tires
located
at
the
Kissick
#2
site.
Date:
09/09/2008
Time:
1022
Direction:
NW
Photo
by:
Mark
Weber
Exposure
#:
8
Comments:
More
used
tires
located
on-site.
FileNames:
1370455012—09092008-jExp.
#j.jpg
Page
4
of
7
FileNames:
1370455012—09092008-jExp.
#I.jpg
dumped
demolition
debris
and
used
tires.
Date:
09/09/2008
Time:
1022
Direction:
NW
Photo
by:
Mark
Weber
Exposure
#:
10
Comments:
Some
used
tires,
mixed
metals,
and
demolition
debris
open
dumped
on-site.
Page
5
of7
File
Names:
1370455012-09092008-[Exp.
#j.jpg
Comments:
Abandoned
vehicle
parked
on
the
Kissick
#2
site.
Date:
09/09/2008
Time:
1023
Direction:
W
Photo
by:
Mark
Weber
Exposure
#:
12
Comments:
Scrap
metal
and
white
goods
open
dumped
on-site.
Page
6
of
7
“A’/
:
L
•
/ii’
;‘:,
1
J
(:‘
L
Comments:
Two
television
sets
and
a
used
tire
open
dumped
on-site.
Date:
09/09/2008
Time:
1026
Direction:
SE
Photo
by:
Mark
Weber
Exposure
#:
14
Comments:
Stained
soil
underneath
an
AST
that
appeared
to
likely
contain
fuel
oil
at
ontime.
L
File
Names:
1370455012’-09092008.-[Exp.
#I.jpg
Page
7
of
7
1%
A
—
A
1,
4
‘F;
.
R6T00701JJ
REVENUE
ECout’tyofMoyar,
ReaIfEstat:
ra
fer.a
:.
f-Paij
r15
WARRANTY
DEED
THIS
INDENTURE
WITNESSETH,
that
the
Grantor,
RANDY
JOE
LONG,
a
single
person
of
Waverly,
in
the
County
of
Morgan,Vand
State
of
Illinois,
for
and
in
consideration
of
the
sum
of
Ten
($10.00)
Dollars
and
other
good
and
valuable
consideration,
in
hand
paid,
Convey
and
Warrant
to
CHARLES
L.
KISSICK,
V
of
Alexander,
in
the
County
of
Morgan,
and
State
of
Illinois,
the
following
described
real
estate,
to-
wit:
V
V
Lot
Five
(5)
in
R
P.
Drokes
First
Addition
to
the
Town,
now
city
of
Waverly,
V
Morgan
County,
IllinOis
V
PERMANENT
INDEX
NUMBER:
19l
1-113-026
situated
in
the
County
of
Morgan,
in
the
State
of
Illinois,
hereby
releasing
and
waiving
all
rights
V
under
and
by
virtue
of
the
Homestead
Exemption
Laws
of
this
State.
The
warranty
herein
is
made
and
accepted
subject
to,
whether
public
or
private,
existing
V
easements,
rights-of-way,
streets
and
alleys,
real
estate
taxes
which
are
not
yet
due
and
payable,
and
zoning
and
building
laws
and
ordinances,
and
is
further
subject
to
the
following:
‘
p
company,
a
Delaware
Corporation,d/b/a
Southwest
Gas
Storage
Company
dated
May
10,
1999
and
recorded
June
9,
1999
as
Docunent
#
48553$.
Thegeneral
taxes
for
the
year
2007due
and
payable
in
2008,
and
the
general
taxes
for
all
subsequent
years,
shall
be
paid
by
the
Grantee,
arrangement
for
the
pro-ration
having
been
ipade
at
the
time
of
delivery
of
this
deed.
DATED
this
day
of
March,
2008.
Randy
Joe
Long
STATE
OF
ThIJNOIS
)
•
.
)
SS.
COUNTY
OF
MORGAN
)
I,
the
undersigned,a.Notary
Public
in
and
for
said
County
and
State
aforesaid,
do
hereby
•
certify
that
RANDY
JOE
LONG,
personally
known
to
me
tobe
the
same
person
whose
naipe
is
subscribed
to
the
foregoing
instrument
appeared
before
me
this
dayin
person,
andacknowledged
that
he
signed,
sealed
and
delivered
the
said
instrument
as
his
free
and
voluntary
act,
for
the
uses
and
purposestherein
set
forth;
including
the
release
and
waiverof
the
right
of
homestead.
•
V
Given
under
my
hand
and
notarial
seal
this
day
of
March,2008.
FEZ
01
E1
•
mmissIonr1OV
•
Deed
prepared
by:
Lowry
&
Hoskin,
LLP
Attorneys
at
Law
•
130
S.
Madion
P.O.
Box
167
V.
Pittsfield,
62363
•
(217)285-4822
V
•
.REICACLongtoKissickwarranty
deed
V
•
Mail
Tax
Bills
to
Grantee’s
Address:
V
Mr.
Charles
L.
Kissick
•
V
V
V
2247
Loami
Road
Alexander,
IL
62601
V
AFFTDAVIT,
and
OPEN
DUI\1P
INSPECTION
CHECKLIST
LERKS
OFFICE
To:
Charles
Kissick
OCT
3249
Loami
Road
Alexander,
IL
62601
STATE
O
ij
ion
Control
Board
and
the
original
and
nine
(9)
true
and
correct
copies
of
the
same
foregoing
instruments
on
the
same
date
byCertified
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
3
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
