ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
I 021 NORTH GRAND AVENUE EAST,
P.O. Box
19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300,
CHICAGO,
IL 60601 - (312) 814-6026
ROD R. BLAGOJEVICH, GOVERNOR
?
DOUGLAS P. SCOTT, DIRECTOR
(217) 782-9817
TDD: (217) 782-9143
March 19, 2008
0
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.Edward W. Fisher & Rhonda L. Fisher and
DEM/EX Group, Inc.
IEPA File No. 29-08-AC; 1250305011
Mason 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
ROCKFORD –
4302 North
Main Street,
Rockford, IL 61 103 – (815) 987-7760
0
DES PLAINES –
9511 W. Harrison St.,
Des Plaines, iL 60016 – (847) 294-4000
ELGIN –
595
South
State, Elgin, IL 60123 – (847) 608-3131
?0
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 0 CHAMPAIGN –
2125 South First Street, Champaign, IL 61820 – (217) 278-5800
SPRINGFIELD –
4500 S. Sixth Street Rd., Springfield, IL 62706 – (217)
786
-
6892
4
Cou.iNiSviLLE – 2009 Mall Street, Collinsville, IL 62234 – (618) 346-5120
MARION –
2309 W. Main St., Suite 116, Marion,
!L 62959 – (618) 993-7200
PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
EDWARD W. FISHER
&
RHONDA L.
FISHER and DEM/EX GROUP INC.,
Respondents.
AC
C7S
—2
Co
(IEPA No. 29-08-AC)
NOTICE OF FILING
To: Edward W. Fisher & Rhonda L. Fisher
DEM/EX
Group, Inc.
7841 Warner Road
805 South Adams Street
Manito, IL 61546
Manito, IL 61546-9300
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 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: March 19, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
?
AC
v.
?
'7,404
049
EDWARD W. FISHER & RHONDA L.
FISHER and DEM/EX GROUP 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 Edward W. Fisher and Rhonda L. Fisher are the-present owners and DEM/EX
Group Inc. is the current operator ("Respondents") of a facility located as follows: Part of the
Northwest
1/4
of Section 28, Township 23 North, Range 6 West, Third Meridian, Manito, Mason
County, Illinois. The property is commonly known to the Illinois Environmental Protection Agency as
Manito/DEM/EX Group, Inc.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1250305011.
3.
That Respondents have owned/operated said facility at all times pertinent hereto.
4.
That on February 7, 2008, Paul Eisenbrandt 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 Paul Eisenbrandt during the course of his February
7, 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 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 Three Thousand Dollars ($3,000.00). If Respondents elect
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than April 30, 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
2
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 Attomey 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.
Dougla6P. Scott,
-?
Director
5-
Illinois Environmental Protection Agency
Date: 31)
9
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
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
?
AC
v.
?
(IEPA No. 29-08-AC)
EDWARD W. FISHER & RHONDA L.
FISHER and DEM/EX GROUP INC.,
Respondents.
FACILITY:
?
Manito/DEM/EX Group, Inc.
?
SITE CODE NO.:
?
1250305011
COUNTY:
?
Mason?
CIVIL PENALTY:
?
$3,000.00
DATE OF INSPECTION:?
February 7, 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
ll_ANCAS, ENVIRONMENTAL PROTECI1ON AGENCY
Open Dump hispecUon Ch ckHst
County: Mason
LPC#:?
1250305011
Region:?
5 - Springfield
Location/Site Name:
?
Manito / DEM/EX Group Inc.
Date:?
02.07.2008 Time: From
9:52 AM?
To 11:00 AM Previous Inspection Date: 07.24.2007
Inspector(s):
?
Paul Eisenbrandt
Weather: –30°F, Mostly Cloudy w/Flurries
No. of Photos Taken: # 52
?
Est. Amt. of Waste: >200 yds
3
Samples Taken: Yes #
?
No X
Interviewed:?
Mr. Edward Fisher
?
Complaint #: C-07-156-C
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Edward W. & Rhonda L. Fisher (Owner)
P.O. Box 756
Pekin, IL 61555-0756
309-478-3366
DEM/EX Group Inc.
805 South Adams Street
Manito, IL 61546-9300
Attn: William Fisher (Operator)
309-968-6245
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
Resolved
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
Resolved
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
X
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL OPERATION:
(1)
Without a Permit
X
(2)
In Violation of Any Regulations or Standards Adopted by the Board
X
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
X
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
X
(2)
Scavenging
(3)
Open Burning
Resolved
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
Revised 06/18/2001
?
(Open Dump - 1)
LPC #1250305011
Inspection Date: February 7, 2008
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition Debris
X
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
X
(2)
Cause
or Allow Open Burning of Any Used or Waste Tire
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
X
11.
722.111
HAZARDOUS WASTE DETERMINATION
X
12.
808.121
SPECIAL WASTE DETERMINATION
X
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
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: ( ) PCB; ( ) CIRCUIT COURT
CASE NUMBER:?
ORDER ENTERED ON:
15.
739.122(c)(1)
CONTAINERS USED TO STORE USED OIL MUST BE LABELED OR MARKED
CLEARLY WITH WORDS "USED OIL."
X
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)
ILLINOIS ENV!
111,
ONMENTAL PRITECTION AGENCY
MEMORANDUM
DATE: February 14, 2008
TO: DLPC / Division File
FROM: Paul
Eisenbrandt, DLPC/FOS Springfield Region
SUBJECT: LPC # 1250305011 - Mason County
Manito / DEM/EX Group Inc.
C-07-156-C
FOS File
INSPECTION DATE:
February 7, 2008
The purpose of this memorandum is to serve as the Narrative Inspection Report Document of a
February 7, 2008 follow up investigation of the above referenced site. The initial complaint
alleged improper handling of materials containing asbestos, lead, and PCB's, and open burning
violations. This second inspection took place from about 9:52 am to 11:00 am and fifty-two (52)
digital photographs were taken. The weather was mostly cloudy with light flurries and
approximately 30°F. Mr. Edward Fisher, Owner/Operator, was interviewed during the
inspection.
DEM/EX Group Inc. is a demolition and excavation contractor. Mr. William Fisher (Main
Operator) and his brother Edward Fisher (Owner/Operator) have been in business at this three
acre location for approximately four years. According to Mr. Fisher ninety percent of their work
is demolition related.
The Illinois EPA inspector went into the DEM/EX office building and indicated the inspector
was onsite to complete a follow up inspection. The inspector met Mr. Edward Fisher. Mr.
Fisher stated they had been at this location for approximately four years. Mr. Fisher was
apprehensive about allowing the inspection, because he said he did not want to get in trouble for
the material outside. The inspector stated that he had not performed the inspection yet and was
unaware of the material. Mr. Fisher called the material aggregate and stated he was going to
crush it onsite and use the aggregate as fill material. Mr. Fisher stated has was planning to lower
the grade of the north parking area and then use the fill as a base and planned to cover the fill
with concrete. Mr. Fisher said the repair were necessary since the building receives water
damage during heavy rain events. Mr. Fisher also stated he wanted to asphalt the southern
parking lot after grade repairs were completed. Mr. Fisher consented to the inspection and
initially followed the inspector during part of the inspection.
Photograph 001 shows a street elevation view of the DEM/EX Group office building. A two
cubic yard dumpster was observed behind the building. The waste in the dumpster was overfull,
but appeared consistent with office operations.
page 1
Photograph 002 shows the northeast parking lot. No debris was observed.
Photograph 003 shows a crusher located between the maintenance garage and the office building.
Mr. Fisher stated this was the crusher he was going to use to crush the demolition aggregate. Mr.
Fisher did not want to call the aggregate waste as he claimed it was planned for reuse at the
facility.
Photograph 004 shows three empty 5-gallon buckets of oil, five lead acid batteries, and scrap
metal located along the southeast side of the maintenance garage. Mr. Fisher claimed the
DEM/EX employees had just placed the items there but that they were still good. The inspector
recommended to Mr. Fisher that the lead acid batteries be stored off the ground on a pallet or
inside the maintenance shop until recycled. The inspector also recommended reusable materials
be stored neatly and to discard or store the empty oil buckets inside.
Photographs 005 and 006 show a trailer with a load of scrap metal and three piles of scrap metal
on the ground south of the office building. Mr. Fisher identified these materials as sorted scrap
metal for recycling.
Photographs 007, 008, and 009 show numerous piles of demolition debris that Mr. Fisher called
aggregate. Mr. Fisher stated the material came from Herget Bank in Pekin. According to the
Illinois EPA Bureau of Air, a 10 day notification of demolition or renovation was not filed for
this demolition. DEM/EX Group demolished the bank and trucked the waste to this location on
Monday (two days prior to this inspection) for sorting, crushing, recycling. Mr. Fisher stated the
scrap metal would be sent to BEHR Recycling. The waste would be disposed through Area
Disposal Service Inc. The concrete and brick would be crushed to a consistency of CA6
aggregate and used on site.
Photograph 010 shows a red BEHR recycling roll off box and some of its contents.
Photograph 011 shows eight large and two smaller propane tanks observed on the south side of
the demolition debris. The planned use or disposal of the tanks was not discussed with Mr.
Fisher.
Photographs 012, 013, 014, and 015 show part of the massive demolition debris pile. There are
likely more than 200 cubic yards of demolition debris on site that were not present during the
July 24, 2007 inspection. Chunks of concrete, broken brick, orange safety fencing, cast iron and
galvanized plumbing pipes, electrical conduits, electrical wiring, splinted dimensional lumber,
scrap metal, smashed electrical components, fragmented porcelain plumping fixtures, metal
drywall corner bead, linoleum flooring, plastic, burlap, asphalt sheeting, and doorknobs, were
among the observed demolition debris. Green and beige painted brick was also observed
intermixed in the demolition debris waste pile.
Photograph 016 shows broken brick, cast iron waste pipe, rusty scrap metal, and a large chunk of
concrete with a black tar like adhesive and brown coating on the flat floor-like surface.
Photograph 017 shows crane equipment stored in the southwest corner of the facility.
page 2
Photograph 018 shows a debris pile of timbers, rock, concrete, dirt, and landscape waste located
in the southwest corner of the facility. The amount of off site generated landscape waste appears
to have decreased since the July inspection.
Photograph 019, 020, 021, 022, and 023 show additional views of the massive demolition debris
pile.
Photograph 024 shows a material adhered on the side of a concrete and brick block.
Photograph 025 and 027 show material and equipment storage on the northwest side of the
maintenance garage. The UNIGLORY shipping container has been moved but is still on site.
Photograph 026 shows neatly stack pallets of rock and building material along the western
property boundary.
Photographs 028 and 029 show a red 55-gallon drum located south of the concrete containment
area. The drum was open allowing precipitation to enter. The drum was 1/2 full of an oily
looking substance. The drum was not labeled "Used Oil."
Photograph 030 show two empty 500-gallon storage tanks in the southeast corner of the concrete
containment area.
Photograph 031 shows equipment and material storage within the concrete containment area.
The concrete deck was covered with one inch thick ice over water. The oil drums previously
observed within this area have been moved. Due to the ice and water, it could not be determined
if the spilled oil (approximately 15 ft by 25 ft spill observed in July) had been cleaned up.
Photograph 032 shows an improperly stored off rim used tire. Used tires must be stored inside or
neatly stacked and covered to prevent water accumulation and proliferation of water born insects.
The photograph also shows the high pressure sodium industrial lights have been neatly stacked
within the concrete containment area. Mr. Fisher claimed a building would be constructed over
the concrete containment area and the industrial lights would be used for the building.
Photograph 033 shows five 55-gallon drums resting on the ground west of the concrete
containment area. Initially Mr. Fisher stated the drums were empty. The inspector found two
drums to contain fluid. Mr. Fisher stated they were used oil and not properly marked. Mr. Fisher
immediately called someone and began asking that person why they were not labeled. The empty
black drum was observed tipped up against the concrete wall. The black drum and one of the red
drums had make-shift covers out of wrapped black plastic. The nearest drum in the photograph
was empty and slightly crushed. One of the drums containing used oil was also not capped
allowing precipitation to enter the drum. None of the drums were labeled "Used Oil." All
containers of used oil must be labeled with the words "Used Oil."
Photograph 034 shows two truck tires that Mr. Fisher claimed could be reused. The truck tires
were covered preventing water accumulation. The steam boiler (seen in the photograph beyond
the tires) was onsite during the July inspection.
page 3
Photograph 035 shows pipe storage and two concrete collection tanks outside the north wall of
the containment area. At this point during the inspection Mr. Fisher left stating he would return
in about ten minutes.
Photograph 036 shows the western side of the building rented by Ferrellgas. The inoperable
black Ford F150 pickup was still observed behind the building. The two 55-gallon drums and
the steel tank used for open during have been removed since the July 24, 2007 inspection. The
open dumped weathered countertop has been cleaned up. No charred waste was observed during
this second inspection.
Photograph 037 shows a yellow and black dump truck located in the northeast corner of the
facility. It appears as if the vehicle is in operational condition. During the July inspection a
partially buried used tire was observed northwest of the containment area. Snow cover prevented
the inspector from finding the location.
Photograph 038 shows two operational above ground storage tanks on the northeast side of the
maintenance garage. No spilled fluids were observed.
Photographs 039 and 040 show heavy equipment, orange safety fencing, an emergency eye wash
station, dimensional lumber, a small barbeque grill, a patio fireplace, a cardboard box, and two
empty hydraulic oil buckets along the northeast side of the maintenance garage. The oil buckets
and some of the other items appeared in disarray and should be cleaned up. The burn
barrel/waste can observed here during the July inspection has been removed.
Photograph 041 shows Ferrellgas of Manito is still renting the north building, shed, and parking
spaces.
Photograph 042 shows an alternate view of the southeast side of the maintenance garage.
Photograph 043 shows a Ford Thunderbird without current tags. The engine hood was also
missing and the vehicle appears inoperable.
Photograph 044 shows the northern property line of the facility facing northwest. Ferrellgas has
three propane tanks (one in use) along the building.
Photograph 045 shows a one-half full, unlabeled, open top container of oily liquid and sludge
substance located near the southeast corner of the maintenance garage. Used oil should not be
stored in open topped containers. No employees were working nearby.
Photograph 046 shows a used tire, two garbage cans (one spilling waste onto the ground) and gas
cylinders observed on the southwest side of the maintenance garage. Although some items may
not be waste, their haphazard storage around the building appears as open dumped waste and
careless housekeeping. Due to the snow cover, the minor petroleum staining previously observed
on the gravel in front of the large overhead door could not be inspected. The inspector did not
investigate the inside of the maintenance garage.
page 4
Photographs 047 and 048 show additional views of the demolition debris. A hot water heater,
brick, concrete, cinder block, carpet, rebar, insulation material, cyclone fencing, aluminum
blinds, and scrap metal were observed among the demolition debris.
Photographs 049 and 050 show a large steel tank and a compressor cylinder observed with the
demolition debris.
Photograph 051 shows and alternate view of the scrap metal piles.
Photograph 052 shows an alternate view of the demolition debris and heavy equipment.
Before leaving, the inspector went back into the DEM/EX Group office building. No one came
forward to the reception counter. Mr. Fisher had not returned from his errands. The inspector
left without being able to verbally discuss the observed environmental concerns.
All containers used for the collection and accumulation of used oil must be labeled "Used Oil" as
required by 35 IAC 739.122(c). The spilled oil, hydraulic fluids, etc. must be cleaned up and
properly disposed of in accordance with 35 IAC 739.122(d).
All wastes must be removed to an Illinois EPA permitted landfill or transfer station. Wastes at
this location also include demolition debris, inoperable vehicles, empty oil containers, and any
unusable items not stored inside or under cover that are weathered and no longer fit for their
original intended purpose. Scrap metal not disposed at a landfill must be in the recycling roll off
box or removed and processed at a properly licensed and operating scrap metal facility or
recycling center.
Off rim used tires must be stored so as to prevent accumulation of water. Used tires cannot not be
abandoned, dumped, or disposed of on private of public property. The used tires must be
disposed of at an Illinois EPA registered used tire processor.
Over 200 cubic yards of off-site generated waste were observed throughout the facility. All of
the waste must be cleaned up. All materials stored outside should be organized in a manner that
depicts a useable storage area rather than an open dump. Demolition debris must be hauled
directly to an Illinois EPA approved disposal site. Crushing and salvaging operations must be
completed at the demolition site. Waste can not be transported back to this facility for sorting
and processing.
The attached Open Dump Inspection Checklist describes the apparent violations noted. A site
sketch and digital photographs accompany this narrative.
cc: DAPC/FOS
Dennis Hancock
DLPC/FOS Springfield Region
Mason County Health Department, Becky Chaney
page 5
' Illinois Environmental Protection Agency
Bureau of Land
LPC #1250305011 - Mason County
Manito / DEM/EX Group Inc.
Si
S 67V1
File
February 7, 2008 Inspection
Concrete
Containment
Area
Timber=, Rock,
Concrete, Dirt,
Landscape Waste
Trusses
Propane
Tanks
Recycling
Waste
/
Debris
5-gallon bucket
?
Landsape Waste
55-gallon Drum
TI
Storage Tank
Vehicle/Equipment
Gas Cyclinder
it■DIC3inCliNIU
Bsaaldiirasi
I1
Measurements Approximate
Direction of Photo
Not to Scale
Date:
February 7, 2008
Time:
10:09 AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 001
Comments:
Street
elevation view of the
DEM/EX Group office
building.
Date:
February 7, 2008
Time:
10:09 AM
Direction:
W
Photo by:
Eisenbrandt
Exposure
#: 002
Comments:
Northeast
parking lot clear of
debris.
Illinois Environmental Protection Agency
Bureau
.?
.
of Land
Division of Land Pollution Control
LPC #1250305011
®
Mason County
Manito
/
DEM/EX Group Inc.
FOS File
DIGITAL PHOTOGRAPH S
Photograph File Names: 1250305011-020720084Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 1 of 26
--'1N
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito
/ DEM/EX Group Inc.
FOS File
DIGITAL PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:10 AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 003
Comments:
A crusher
located between the
maintenance garage and
the office building.
Date:
February 7, 2008
Time:
10:10 AM
Direction:
W
Photo by:
Eisenbrandt
Exposure
#: 004
Comments:
Three
empty 5-gallon buckets
of oil, five lead acid
batteries, and scrap
metal located outside the
southeast side of the
maintenance garage.
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 2 of 26
Date:
February 7, 2008
Time:
10:15 AM
Direction:
SE
Photo by:
Eisenbrandt
Exposure
#:
005
Comments:
A pile of
scrap metal on the trailer
and another pile of scrap
metal in the background
were observed south of
the office building.
Date:
February 7, 2008
Time:
10:16 AM
Direction:
SE
Photo by:
Eisenbrandt
Exposure
#: 006
Comments:
Two
additional pile of scrap
metal observed south of
the office building.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC
#1250305011 — Mason County
Manito
/
DEM/EX Group Inc.
FOS Fide
DIGITAL PHOTOGRAPHS
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 3 of 26
Illinois Environmental Protection Agency
?
LPC #1250305011 — Mason County
?
Bureau of Land
?
Manito / DEM/EX Group Inc.
T-77-
Division of Land Pollution Control
?
FOS
File
DIGITAL PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:16 AM
Direction:
S
Photo by:
Eisenbrandt
Exposure
#: 007
Comments:
Numerous
piles of demolition debris
were observed on the
south side of the facility.
Date:
February 7, 2008
Time:
10:16 AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 008
Comments:
Observed
demolition debris.
Photograph File Names: 1250305011-020720084Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 4 of 26
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:16 AM
Direction:
W
Photo by:
Eisenbrandt
Exposure
#: 009
Comments:
Piles of
demolition debris Mr.
Fisher called aggregate.
Date:
February 7, 2008
Time:
10:17AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 010
Comments:
BEHR
Recycling dumpster.
• %.
Photograph File Names: 1250305011-02072008-[Exp. njpg File Name:
p
1250305011-02072008 .doc
Page 5 of 26
Date:
February 7, 2008
Time:
10:18 AM
Direction:
W
Photo by:
Eisenbrandt
Exposure
#: 011
Comments:
Eight large
and two smaller propane
tanks observed on the
south side of the facility.
Date:
February 7, 2008
Time:
10:20 AM
Direction:
NE
Photo by:
Eisenbrandt
Exposure
#: 012
Comments:
Demolition
debris that includes
concrete, brick, orange
safety fencing, plumbing
pipes, electric conduits,
electric wiring, plastic,
rebar, scrap metal, and
splintered dimensional
lumber.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL PHOTOGRAPHS
Photograph File Names: 1250305011-020720084Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 6 of 26
490
.
'11"
Illinois Environmental Protection Agency
fi"°"
ffaq
Bureau of Land
177.7
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL
PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:20 AM
Direction:
N
Photo by:
Eisenbrandt
Exposure
#: 013
Comments:
Demolition
debris including broken
concrete and brick, scrap
metal, crushed electrical
components, fragments
of porcelain, metal
drywall corner bead, and
cast iron waste pipe
were observed.
Date:
February 7, 2008
Time:
10:20 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 014
Comments:
Concrete,
brick, scrap metal
linoleum flooring, burlap,
asphalt sheeting, and
door knobs were
observed among the
demolition debris.
■• a,"?
.
?
•
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 7 of 26
Date:
February 7, 2008
Time:
10:22 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 015
Comments:
Green
painted brick, lumber,
concrete, and scrap
metal were observed
among the demolition
debris.
Date:
February 7, 2008
Time:
10:27 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 016
Comments:
Broken
brick, cast iron waste
pipe, and concrete
debris. The large chunk
of concrete had a black
tar like adhesive and a
brown coating on the flat
floor like surface.
Illinois Environmental Protection Agency
Bureau of Land
‘W Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL PH TOGRAPHS
Photograph File Names: 1250305011-02072008-[Exp.
#1.jpg
File Name: 1250305011-02072008 .doc
Page 8 of 26
r
?
Illinois Environmental Protection Agency
?
LPC #1250305011 — Mason County
Bureau of Land?
Manito / DEM/EX Group Inc.
Division of Land Pollution Control
?
FOS File
DIGITAL PHOTOGRAPHS
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V'
?
liv.41111.1111kTi‘
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?
.
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Date:
February 7, 2008
Time:
10:28 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 017
Comments:
Crane
equipment stored in the
southwest corner of the
facility.
Date:
February 7, 2008
Time:
10:28 AM
Direction:
W
Photo by:
Eisenbrandt
Exposure
#: 018
Comments:
Timbers,
rock, concrete, dirt, and
landscape waste located
in the south west corner
of the facility.
:t:14
*k-A
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 9 of 26
411,4--;t:
7.6
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL PHOT
GRAPHS
Date:
February 7, 2008
Time:
10:28 AM
Direction:
NE
Photo by:
Eisenbrandt
Exposure
#: 019
Comments:
Demolition
equipment in foreground
and piles of demolition
debris in background of
photograph.
Date:
February 7, 2008
Time:
10:28 AM
Direction:
NE
Photo by:
Eisenbrandt
Exposure
#: 020
Comments:
Demolition
debris.
-
Photograph
File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 10 of 26
C
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL
PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:28 AM
Direction:
SE
Photo by:
Eisenbrandt
Exposure
#: 021
Comments:
Demolition
debris.
Date:
February 7, 2008
Time:
10:31 AM
Direction:
E
Photo by:
Eisenbrandt
Exposure
#: 022
Comments:
Demolition
debris.
Photograph File Names: 1250305011-020720084Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 11 of 26
ti Illinois Environmental Protection Agency
?
LPC #1250305011 — Mason
County
Bureau of Land
?
Manito / DEM/EX Group Inc.
Division of Land Pollution Control
?
FOS File
DIGITAL PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:31 AM
Direction:
S
Photo by:
Eisenbrandt
Exposure
#: 023
Comments:
Alternate
view of demolition debris.
Date:
February 7, 2008
Time:
10:31 AM
Direction:
S
Photo by:
Eisenbrandt
Exposure
#: 024
Comments: Material
adhered on side of
concrete and brick block.
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 12 of 26
.
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tor,
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,rt.r
tittm/r...
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?
%MO
e
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 —
Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL
PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:32 AM
Direction:
E
Photo by:
Eisenbrandt
Exposure
#: 025
Comments:
Material
and equipment storage
on the northwest side of
the maintenance garage.
Date:
February 7, 2008
Time:
10:32 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 026
Comments:
Neatly
stacked pallets of rock
and building materials
along western property
boundary.
Photograph File Names: 1250305011-020720084Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 13 of 26
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 —
Mason County
Manito
/
DEM/EX Group Inc.
FOS File
Date:
February 7, 2008
Time:
10:32 AM
Direction:
NE
Photo by:
Eisenbrandt
Exposure
#: 027
Comments:
Material
and equipment storage
on the northwest side of
the maintenance garage.
Date:
February 7, 2008
Time:
10:33 AM
Direction:
SE
Photo by:
Eisenbrandt
Exposure
#: 028
Comments:
A red 55-
gallon drum located
south of the concrete
containment area.
DIGITAL PHOT GRAPHS
Photograph File Names: 1250305011-02072008-[Exp. njpg File Name: 1250305011-02072008 .doc
Page 14 of 26
Date:
February 7, 2008
Time:
10:33 AM
Direction:
N
Photo by:
Eisenbrandt
Exposure
#: 029
Comments:
The drum
was open allowing
precipitation to enter.
The drum was 1/2
full of
an oily looking
substance.
Date:
February 7, 2008
Time:
10:35 AM
Direction:
SE
Photo by:
Eisenbrandt
Exposure
#: 030
Comments:
Empty
storage tanks in the
southeast corner of the
concrete containment
area.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL
PHOTOGRAPHS
Photograph File Names: 1250305011-020720084Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 15 of 26
Date:
February 7, 2008
Time:
10:35 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 031
Comments:
Equipment
and material storage in
the concrete containment
area.
Date:
February 7, 2008
Time:
10:35 AM
Direction:
W
Photo by:
Eisenbrandt
Exposure
#: 032
Comments:
A used off-
rim truck tire and neatly
stacked high pressure
sodium industrial lights
within the concrete
containment area.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL
PHOTOGRAPHS
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 16 of 26
e
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 —
Mason County
Manito
/
DEM/EX Group Inc.
FOS File
DIGITAL PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:36 AM
Direction:
E
Photo by:
Eisenbrandt
Exposure
#: 033
Comments:
Five 55-
gallon drums resting on
the ground west of the
concrete containment
area. Two of the drums
contained used oil and
were not properly
marked. The empty
black drum was tipped
against the concrete
wall. One of the drums
was open allowing
precipitation to enter.
Date:
February 7, 2008
Time:
10:36 AM
Direction:
NE
Photo by:
Eisenbrandt
Exposure
#: 034
Comments:
Two truck
tires that Mr. Fisher
claimed were useable.
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 17 of 26
Illinois Environmental Protection Agency
?
LPC
#1250305011 — Mason County
Bureau of Land
?
Manito / DEM/EX Group Inc.
Division of Land Pollution Control
?
FOS File
DIGITAL PHOTOGRAPHS
Date:
February 7, 2008
Time:
10:41 AM
Direction:
SE
Photo by:
Eisenbrandt
Exposure
#: 035
Comments:
Pipe
storage and two concrete
collection tanks outside
the north wall of the
containment area.
Date:
February 7, 2008
Time:
10:41 AM
Direction:
E
Photo by:
Eisenbrandt
Exposure
#: 036
Comments:
The two 55-
gallon drums and the
steel tank used for open
burning have been
removed since the July
2007 inspection. The
inoperable black Ford
pick remains west of the
Ferrellgas building.
--•::..;4—,..-'4,,, : .?
-- — .7...,.. `r.:
.
' '?
.... -,, "."-'4.• .. ••74; , - :4
, ....:-.-‘..?
..:-. ...
. 4g.1-?
......,
?
,
'). - .?
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:2"7„..,.....4, .‘,..?
:
i
-?
'
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.s.
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 18 of 26
Date:
February 7, 2008
Time:
10:41 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 037
Comments:
Yellow and
black Ford dump truck
located in the northwest
corner of the facility.
Date:
February 7, 2008
Time:
10:42 AM
Direction:
SE
Photo by:
Eisenbrandt
Exposure
#: 038
Comments:
Operational
storage tanks on the
north east side of the
maintenance garage.
r `.. Illinois Environmental Protection Agency
?
LPC #1250305011 — Mason County
Bureau of Land
?
Manito / DEM/EX Group Inc.
Division of Land Pollution Control
?
FOS File
DIGITAL PHOTOGRAPHS
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 19 of 26
Date:
February 7, 2008
Time:
10:43 AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 039
Comments:
Heavy
equipment, orange
safety fencing, an
emergency eye wash
station, a patio fireplace,
and an empty hydraulic
oil bucket located on
northeast side of
maintenance garage.
Date:
February 7, 2008
Time:
10:43 AM
Direction:
E
Photo by:
Eisenbrandt
Exposure
#: 040
Comments:
Two empty
hydraulic oil buckets on
the northeast side of the
maintenance garage.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL PHOTOGRAPHS
Photograph File Names: 1250305011-020720084Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 20 of 26
Date:
February 7, 2008
Time:
10:44 AM
Direction:
NE
Photo by:
Eisenbrandt
Exposure
#: 041
Comments:
Ferrellgas
of Manito is still renting
the north building, shed,
and parking spaces.
Date:
February 7, 2008
Time:
10:44 AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 042
Comments:
Alternate
view of southeast side of
maintenance garage.
Illinois Environmental Protection Agency
Bureau of Land
.1 744-
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL PHOTOGRAPHS
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 21 of 26
Date:
February 7, 2008
Time:
10A4 AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 043
Comments:
The Ford
Thunderbird without
current tags or engine
hood appears
inoperable.
Date:
February 7, 2008
Time:
10:45 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 044
Comments:
View of
northern property line
facing northwest.
Ferrellgas has three
propane tanks, one in
use for the building.
Q
-
Illinois Environmental Protection Agency
-4/'
Bureau of Land
Division of Land Pollution Control
LPC
#1250305011 — Mason County
Manito
/
DEM/EX Group Inc.
FOS File
1GTAL PH TOGRAPHS
Photograph File Names: 1250305011-02072008-[Exp. njpg File Name: 1250305011-02072008 .doc
Page 22 of 26
Date:
February 7, 2008
Time:
10:48 AM
Direction: N
Photo by:
Eisenbrandt
Exposure
#: 045
Comments:
One-half full
open top container of an
oily liquid and sludge
substance located near
the crusher and the
southeast corner of the
maintenance garage.
Date:
February 7, 2008
Time:
10:48 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 046
Comments:
A used tire,
two garbage cans (one
spilling waste onto the
ground) and gas
cylinders observed on
the southwest side of the
maintenance garage.
Illinois Environmental Protection Agency
?
LPC #1250305011 —
Mason County
MI
.
116-1-411%Bureau of Land
?
Manito
/
DEM/EX Group Inc.
Division of Land Pollution Control
?
FOS File
DIGITAL PHOTOGRAPHS
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 23 of 26
Date:
February 7, 2008
Time:
10:48 AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 047
Comments:
A hot water
heater, brick, concrete,
cinder block, insulation
material, carpet, cyclone
fencing, aluminum
window blinds, and scrap
metal were among the
demolition debris
observed.
Date:
February 7, 2008
Time:
10:48 AM
Direction:
S
Photo by:
Eisenbrandt
Exposure
#: 048
Comments:
Alternate
view of demolition debris.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 —
Mason County
Manito
/
DEM/EX Group Inc.
FOS File
DIGITAL PHOT
S
GRAPHS
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 24 of 26
Date:
February 7, 2008
Time:
10:49 AM
Direction:
SE
Photo by:
Eisenbrandt
Exposure
#: 049
Comments:
A large
steel tank was observed
with the demolition
debris.
Date:
February 7, 2008
Time:
10:51 AM
Direction:
SW
Photo by:
Eisenbrandt
Exposure
#: 050
Comments:
A
compressor cylinder was
observed among the
demolition debris.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS File
DIGITAL
PHOTOGRAPHS
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 25 of 26
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC
#1250305011 — Mason County
Manito / DEM/EX Group Inc.
FOS
He
DIGTAL PHOTOG APHS
Date:
February 7, 2008
Time:
10:52 AM
Direction:
NE
Photo by:
Eisenbrandt
Exposure
#: 051
Comments:
Alternate
view of the scrap metal
piles.
Date:
February 7, 2008
Time:
10:52 AM
Direction:
NW
Photo by:
Eisenbrandt
Exposure
#: 052
Comments:
Alternate
view of demolition debris
and heavy equipment.
Photograph File Names: 1250305011-02072008-[Exp. #].jpg File Name: 1250305011-02072008 .doc
Page 26 of 26
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
Illinois Environmental
Protection Agency
VS.
?
IEPA DOCKET NO.
DEM/EX Group Inc. &
Edward W. & Rhonda L. Fisher
Respondents
Affiant, Paul Eisenbrandt, 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 February 7, 2008 between 9:52 AM and 11:00 AM, Affiant conducted an
inspection of a disposal site operated without an Illinois Environmental Protection
Agency permit, located in Mason County, Illinois, and known as Manito/DEM/EX Group
Inc. by the Illinois Environmental Protection Agency. Said site has been assigned site
code number LPC# 1250305011 by the Illinois Environmental Protection Agency.
3.
Affiant inspected said Manito/DEM/EX Group Inc. 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 Manito/DEM/EX Group Inc. open dump.
Subscribed and Sworn To before me
This 4
1u
"day of
46)G'
,fr-N
Notary Public
?
OFFICIAL SEAL
CHARLENE
K. POWELL
NOTARY FULL!C
?
Of,
ILLINOIS
EXPTIE3 MARC,
,
1 15, 2012
PROOF OF SERVICE
I hereby certify that I did on the 19th day of March 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 ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To: Edward
W. Fisher & Rhonda L. Fisher
DEM/EX
Group, Inc.
7841 Warner Road
805 South Adams Street
Manito, IL 61546
Manito, IL 61546-9300
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
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
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