ECEVED
    CLERK’S
    OPCE
    DEC
    0
    ‘i
    2008
    BEFORE THE ILJJNOIS
    ADM1NISTRATWE
    Ci9P)
    tr
    oara
    COIJNIY OF VERMILION, ILLINOIS,
    )
    Complainant,
    )
    AC No.
    )
    v.
    )
    CountyFileNo.08-04
    )
    BILL
    RICHARDSON,
    )
    )
    Respondent.
    )
    JURISDICTION
    This Administrative Citation
    is issued pursuant to the authority
    vested
    in the
    Illinois Environmental Protection Agency
    by
    sections 4(e) and 31.1 of the
    Illinois
    Environmental Protection Act (“Act”), 4 15
    ILCS 5/4(e), 5/31.1, and delegated
    to
    Vermilion County pursuant to section 4(r)
    of
    the
    Act,
    415
    ILCS 5/4(r).
    FACTS
    1. Respondent’s mother, Zora Davis, is, and was
    at all times relevant to
    this
    Administrative Citation, the owner of property
    located at 647 E.
    13
    th
    Street,
    Danville, County of Vermilion,
    State of Illinois.
    2. Said property was operated as an unlicensed
    open dump, and designated
    with
    Illinois
    Environmental Protection Agency
    Site Code No.1838040025.
    3. On October 3, 2008, Douglas Toole of
    the Vermilion County Health
    Department
    inspected the above-described
    property. Douglas Toole’s
    Affidavit and a copy of their inspection report
    are attached hereto and made
    a
    part hereof
    by
    reference.
    VIOLATIONS
    On the basis of the direct observation of Douglas
    Toole,
    the
    County
    of Vermilion
    has
    determined that on October
    3,
    2008,
    Respondent
    was conducting an unlicensed
    open
    dump
    at the above-described address, which is required
    to have a permit pursuant to 415
    ILCS 5/21(a) of the Act, in a manner which resulted
    in the
    following conditions:
    A.
    Open dumping
    resulting
    in litter was
    observed
    at the
    site, in violation
    of
    Section
    21(p)(1)
    of the Act, 415
    ILCS
    5/21(p)(1),
    which provides no
    person shall. . . cause or allow the open
    dumping
    of any waste in a manner
    which results in. . . litter; and

    B.
    Open dumping resulting in open burning was observed at
    the site, in
    violation of
    Section 2l(p)(3)
    of
    the
    Act, 415 ILCS 5/2l(p)(3),
    which
    provides no person shall. . . cause or allow the open dumping
    of any waste
    in a manner which results in. . . open burning.
    CIVIL PENALTY
    Pursuant to section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5),
    Respondent
    herein
    is subject to a civil penalty
    of
    Fifteen Hundred Dollars ($1500.00)
    for each
    of the
    above-mentioned violations. Additionally, should Respondent elect
    to petition the
    Illinois Pollution
    Control
    Board under the review process described herein,
    and if there
    is
    a
    finding of the violation alleged herein
    after an
    adjudicatory hearing,
    Respondent
    shall
    be assessed the
    associated hearing
    costs incurred by the
    Illinois
    Pollution
    Control Board,
    in addition to the
    Fifteen
    Hundred
    Dollar ($1500.00) statutory penalty for
    each
    violation.
    PROCEDURE
    FOR CONTESTING
    THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation under
    section 31.1(d)
    of
    the Act, 415 ILCS 5/31.1(d). If you elect to contest this Administrative Citation,
    you
    must file a Petition for Review with the Clerk of the Illinois Pollution
    Control Board, at
    the State
    of Illinois Center, 100 West Randolph Street,
    Suite 11-500, Chicago, Illinois
    60601. Such
    Petition for Review must
    be
    filed within
    thirty-five
    (35) days of the date
    of
    service of this Administrative Citation, or a default judgment will be issued
    by the Illinois
    Pollution Control Board. A copy of the Petition for Review should
    be filed with the
    Vermilion County State’s Attorney’s Office, 7 North Vermilion Street, Danville,
    Illinois
    61832.
    If you acknowledge the violation cited herein, the
    civil
    penalty specified above
    shall be due and payable no later than December 26, 2008. If you
    do
    not petition
    the
    Illinois
    Pollution Control Board for review of this Administrative
    Citation within thirty-
    five (35) days
    of service hereof and have not paid
    the civil penalty
    by
    the due
    date stated
    above, or if you elect to contest
    this Administrative
    Citation, any judgment rendered
    shall
    specify the due date of the statutory civil penalty and any
    costs assessed against you.
    When payment is made, checks
    shall be made payable in
    equal
    amounts (50% of
    the total
    penalty each)
    to:
    (1) 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;
    and
    (2) the County of Vermilion, Illinois, and
    mailed to the attention of Vermilion
    County Health Department, 200 South College
    Street, Danville, Illinois 61832.
    Respondent shall complete and return the
    enclosed Remittance
    Forms with
    payments to ensure proper documentation of
    payment.

    If
    any
    civil penalty,
    by reason
    of
    acknowledgment,
    default
    or
    finding
    after
    adjudicatory
    hearing,
    is not
    paid when
    due, the
    Vermilion
    County
    State’s
    Attorney
    may
    initiate
    proceedings
    in the
    Circuit Court
    to
    collect
    said
    civil
    penalty.
    In addition
    to
    the
    previously
    assessed
    civil
    penalty
    and any hearing
    costs
    of the
    Illinois
    Pollution
    Control
    Board, the
    State’s
    Attorney’s
    Office
    will seek
    to recover
    its costs
    of
    litigation.
    Dated:
    ii
    2’i /0
    I
    /
    Frank
    R. Young
    State’s
    Attorney
    for
    ilion
    ounty
    By:
    i2
    Charles
    D.
    Mockbee
    IV
    Assistant
    State’s
    Attorney
    Prepared
    by:
    Charles
    D. Mockbee
    1V
    Office
    of the
    State’s Attorney
    7 N. Vermilion
    St.
    Danville,
    IL 61832
    217-554-7750

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    U’
    OFFICE
    DEC
    04
    2Qnq
    AFFDAVIT
    IN THE
    MATTER
    OF
    )
    pif
    BILL RICHARDSON,
    )
    AC
    No.
    C
    )
    County
    File
    No.
    08-0
    L/
    Respondent.
    )
    The Affiant,
    Douglas
    Toole,
    being
    first
    duly
    sworn,
    voluntarily
    deposes
    and
    states
    as follows:
    1. Affiant
    is a field
    inspector
    employed
    by
    the Vermilion
    County
    Health
    Department
    and
    has
    been so
    employed
    at
    all times
    pertinent
    hereto.
    2.
    On October
    3,
    2008,
    between
    3:30
    and 3:45
    p.m.,
    Affiant
    conducted
    an
    inspection
    of property
    at 647
    E.
    Street,
    Danville,
    County
    of Vermilion,
    State
    of Illinois,
    owned
    by Zora
    Davis.
    3.
    Affiants
    inspected
    the
    Danville/Davis
    site
    by an
    on-site
    inspection,
    which
    included
    walking
    on
    the site.
    4. Prior
    to said
    inspection,
    Affiant
    had
    reviewed
    Illinois
    Environmental
    Protection
    Agency
    pernits
    issued
    to
    the
    subject
    site.
    5. As
    a result
    of the
    activities
    referred
    to
    in
    paragraphs
    2,
    3 and 4
    above,
    Affiant
    completed
    the
    Solid
    Waste
    Landfill
    Inspection
    Checklist,
    with
    the
    accompanying
    Inspection
    Report
    Narrative,
    Site
    Sketch
    and photographs,
    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 the
    property
    at
    647 E.
    13
    th
    Street,
    Danville,
    County
    of
    Vermilion,
    State
    of
    Illinois,
    on
    October
    3, 2008.
    Dougi
    Toole
    SIGNED
    and
    SWORN
    to before
    me
    this
    41
    day
    of November
    2008,
    by
    Douglas
    Toole
    OTARY
    PUBLIC
    .
    ..
    2

    REMITTANCE FORM TO ILLINOIS EPA
    IN
    THE MATTER OF
    )
    BILL
    RICHARDSON,
    )
    AC No.
    (A
    )
    County File No. 08-04
    Respondent
    )
    CLERK’S
    OFF,cr
    Facility/Property:
    Bill Richardson
    DEC
    042008
    STATE
    OF
    ILLINOIS
    County:
    Vermilion
    Pollution
    Control
    Board
    Date of Inspection:
    October 3, 2008
    Site Code No.:
    1838040025
    Civil
    Penalty to Illinois
    EPA:
    $750.00
    for each violation
    = $1500.00
    Date
    Remitted:
    SSN/FEIN No.:
    Signature:
    NOTE
    Please
    enter
    the date of your remittance, your Social Security Number (SSN) if an
    individual, or Federal Employer Identification Number (FEIN) if a business, and sign this
    Remittance Form. Your check
    should
    be
    made
    out to
    the
    the
    Illinois Environmental
    Protection Trust
    Fund. Be sure your check is enclosed with this Remittance Form and
    mail
    to: Fiscal Services,
    Illinois Environmental Protection Agency, 1021 North Grand
    Avenue
    East, P.O. Box 19276, Springfield,
    Illinois 62794-9276.

    REMITTANCE
    FORM
    TO VERMILION COUNTY HEALTH
    DEPARTMENT
    IN THE
    MATTER OF
    )
    BILL RICHARDSON,
    )
    AC No.
    C
    >
    )
    County
    File
    No. 08-04
    )
    Respondent
    )
    CL2RKS
    OFFICE
    Facility/Property:
    Bill Richardson
    DEC
    0
    2008
    County:
    Vermilion
    STATE
    OF
    ILLINOIS
    PolIuton
    Control
    Board
    Date of
    Inspection:
    October
    3,
    2008
    Site Code
    No.:
    1838040025
    Civil Penalty to County:
    $750.00
    for each violation
    = $1500.00
    Date Remitted:
    SSN/FEIN No.:
    Signature:
    NOTE
    Please
    enter the date of your remittance, your Social Security Number
    (SSN)
    if an
    individual,
    or Federal Employer Identification Number (FEIN) if a business, and sign this
    Remittance
    Form. Your check should be made out to the County of Vermilion, Illinois.
    Be
    sure
    your check is enclosed with
    this Remittance Form
    and mail to: Vermilion County
    Health Department,
    200
    S.
    College Street, Danville, Illinois 61832.

    DEC
    0
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    COflfrol
    Board
    IN THE
    MATTER
    OF
    )
    BILL
    RICHARDSON,
    )
    AC
    No.
    0
    )
    County
    File No.
    08-04
    )
    Respondent
    )
    AFFIDAVIT
    OF
    SERVICE
    State of
    Illinois
    )
    )
    County
    of Vermilion
    )
    I,
    the
    undersigned,
    on oath
    state
    that
    I
    have
    served
    the attached
    Administrative
    Citation
    on
    the Respondent,
    Bill
    Richardson,
    by
    leaving
    a copy
    of
    the
    same
    with
    (name):
    f?/i
    /Z,/jt
    7
    ,
    at
    (address):
    /tf
    -
    13/i
    C’ji
    4
    L’
    4
    at
    (time):
    ,
    on
    (date):
    November $
    , 2008.
    Investigator
    Vermilion
    County
    State’s
    Attorney
    Office
    SUBSCRIBED AND
    SWORN
    TO BEFORE
    ME
    this’Lday
    of
    November,
    2008
    l
    SHAROLVI
    M
    ERWIN
    =4
    EXPIRES
    iO..121O
    THIS
    FILING
    IS
    SUBMITTED
    ON
    RECYCLED

    ILLINOIS
    ENVIRONMENTAL PROTECTION
    AGENCY
    Open
    Dump
    Inspection
    Checklist
    County:
    Vermilion
    LPC#:
    1838040025
    Region:
    4
    - Chrnpaign
    Location/Site
    Name:
    Danville
    I
    Davis
    Date:
    10/03/2008
    Time:
    From
    3:30 p.m.
    To
    3:45
    p.m.
    Previous
    Inspection
    Date:
    06/23/2008
    Inspector(s):
    Douglas
    Toole
    Weather:
    cloudy, dry,
    breezy,
    70 F
    No. of
    Photos Taken:
    #
    06
    Est.
    Amt. of Waste:
    90
    yds
    3
    Sam
    pies Taken:
    Yes
    #
    Interviewed:
    see
    narrative
    Compiaint#:
    Latitude:
    40.10515
    Longitude:
    -87.61 520
    Collection
    Point Description:
    -
    (Example:
    Lat.:
    41
    .26493
    Long.:
    -89.38294)
    Collection
    Method:
    -
    Bill
    Richardson
    647
    E.
    13
    th
    Street
    Danville,
    IL 61832
    (217)
    446-5580
    SECTION
    DESCRIPTION
    VIOL
    E
    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
    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
    7.
    21(e)
    WASTE
    INTO
    THE STATE
    AT!TO
    SITES NOT
    MEETING
    REQUIREMENTS
    OF
    ACT
    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
    Responsible
    Party
    Mailing Address(es)
    and Phone
    Number(s):
    Zora
    Davis
    647
    E.
    13
    th
    Steet
    Danville,
    IL
    61832
    Revised
    10/5/2005
    (Open
    Dump
    - 1)

    LPC#
    1838040025
    Inspection
    Date:
    10/03/2008
    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
    Burning
    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
    ANDIOR
    MANIFEST
    OTHER
    REQUIREMENTS
    APPARENT
    VIOLATION
    OF:
    (LI)
    PCB;
    (LI)
    CIRCUIT
    COURT
    14.
    CASE
    NUMBER:
    ORDERENTEREDON:
    15.
    OTHER:
    D
    D
    D
    D
    D
    Informational
    Notes
    1.
    [Illinois]
    Environmental
    Protection
    Act: 415
    ILCS
    514.
    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.
    Revised
    10/5/2005
    (Open
    Dump
    - 2)

    VER1JLIoN
    CouN
    HETH
    DEPTMENT
    Yea
    the::I
    theaarth
    )
    STEPHEN
    LAKER,
    M.S.
    HEALTH
    D
    EDUCATION
    BUILDING
    PUBLIC
    HEALTh
    ADMIBISTR\TOR
    200
    SourFi
    COLLEGE.
    SUITE
    A
    L
    I
    NO
    //
    DANvILLE.
    IL
    61832
    PH0NE/TDD
    217
    431-2662
    PUBLIC
    HEALTH
    IS
    PRICELEss
    F,x
    217
    431-7483
    www.vchd.org
    LPC #1838040025
    Danville/Davis
    FOS
    10/03/08
    OPEN
    DUMP
    INSPECTION
    NARRATIVE
    This
    unpermitted
    open
    dump
    was
    reinspected
    on
    October
    3,
    2008
    by
    Douglas
    Toole
    of
    the
    Vermilion
    County
    Health
    Department.
    The
    weather
    was
    cloudy,
    dry,
    breezy
    and
    about
    70
    degrees
    Fahrenheit.
    Six
    photos
    were
    taken
    of
    the
    site.
    The
    site
    is
    located
    in
    Vermilion
    County,
    at
    the
    east
    end
    of
    East
    13
    th
    Street
    in rural
    Danville,
    Illinois.
    My Garmin
    76S
    GPS
    unit
    indicated
    that
    the
    location
    of
    the
    entrance
    gate
    to
    the
    property
    was
    Latitude
    40.10515
    and
    Longitude
    -87.61520,
    with
    an
    estimated
    accuracy
    of
    29.8 percent.
    By
    way
    of
    history,
    I
    opened
    a
    county
    ordinance
    violation
    file
    in
    November,
    2000
    regarding
    an
    accumulation
    of
    derelict
    vehicles,
    vehicle
    parts
    and
    tires
    that
    the
    property
    owner’s
    son,
    Bill
    Richardson,
    had
    created
    on
    the
    property.
    In
    late
    April,
    2002,
    I
    received
    a
    complaint
    that
    the
    property
    owner’s
    son was
    burying
    mobile
    homes
    on
    the
    property.
    Upon
    talking
    with
    the
    IEPA’s
    records
    unit
    in
    Springfield,
    I learned
    that
    the
    Champaign
    regional
    IEPA
    office
    had opened
    a
    land-pollution
    case
    file
    for
    the
    property
    in
    1976.
    I
    have
    retained
    the
    original
    LPC
    case
    number
    for
    the
    site.
    INSPECTORS
    FINDINGS
    At
    about
    3:15
    p.m.
    on
    October
    3,
    2008,
    I received
    a
    call
    from
    Scott
    Weidig,
    the
    Chief
    of
    the
    Lynch
    Area
    Fire Protection
    District,
    about
    the
    burning
    of
    garbage
    and
    demolition
    debris
    at
    647
    East
    13
    t11
    Street
    in
    rural
    Danville.
    Chief
    Weidig
    said
    the
    burning
    was
    taking
    place
    at
    that
    time,
    and
    that
    I
    could
    meet
    him
    there.
    I
    arrived
    at
    the
    site
    at
    about
    3:30
    p.m.
    on
    October
    3,
    2008.
    Chief
    Weidig
    and
    firefighter
    Ken
    Hittlet
    met
    me
    near
    the
    entrance
    to
    the
    property
    (photo
    1),
    and
    accompanied
    me
    during
    my
    reinspection.
    0
    -Iv
    Ei:v
    ()PPoi’Tr\ff

    LPC
    #1
    838040025
    Danville/Davis
    10/03/08
    Page
    2
    of
    4
    In
    general,
    it
    appeared
    that
    little
    progress
    had
    been
    made
    towards
    cleaning
    up
    the
    property
    since
    my
    last
    reinspection
    on
    June
    23,
    2008.
    An
    occupant
    of
    the
    property,
    Bill
    Richardson,
    was
    present
    on
    the
    site,
    as
    were
    Richard
    Key
    another
    occupant
    of
    the
    property
    and two
    other
    adults.
    Chief Weidig
    took
    me
    to
    the
    southeast
    part
    of
    the
    property,
    where
    I
    observed
    an
    appliance,
    tires, remodeling
    waste,
    household
    garbage
    and
    other
    refuse, and
    smoke
    rising
    from
    a
    burn
    pile
    (photo
    2).
    The
    burn
    pile contained
    boards,
    remodeling
    waste,
    scrap metal,
    metal
    cans,
    household
    garbage
    and other
    refuse
    (photos
    3-5). The
    heat
    from
    the
    fire
    had
    partially
    melted
    some
    plastic
    items
    next
    to
    the
    burn
    pile
    (photos
    2,
    3).
    Chief
    Weidig
    said
    additional
    items
    on
    a
    trailer
    that
    had
    been
    intended
    for
    the
    fire
    had
    been
    pulled
    back
    to
    the
    garage
    by
    occupants
    of
    the
    property
    (photo
    6).
    Mr.
    Key told
    Mr.
    Hittlet
    and
    me
    that
    he
    had
    set
    the
    pile
    on
    fire.
    Chief
    Weidig
    spoke
    with
    Mr.
    Richardson
    about
    some
    prior burning
    incidents
    on
    the
    property
    (see
    6/23/0
    8
    inspection
    packet).
    I
    left
    the
    property
    at
    about
    3:45
    p.m.
    On
    the
    Inspection
    Report
    Checklist
    for
    this reinspection,
    I
    estimated
    that
    there
    were
    90
    cubic
    yards
    of
    waste
    on
    the
    site.
    No
    measurements
    were
    performed
    to
    arrive
    at
    that
    estimation,
    only
    my
    observations
    at
    the
    time.
    The
    actual
    amount
    of
    waste
    on
    the
    site
    may
    vary significantly
    from
    that
    estimation.
    SUMMARY
    OF
    APPARENT
    VIOLATIONS
    ILLNOIS
    ENVIRONMENTAL
    PROTECTION
    ACT
    (415
    ILCS
    5/1
    et
    seq.)
    Section
    9 (a)
    of
    the
    Act:
    No
    person
    shall
    ...
    cause
    or
    threaten
    or
    allow
    the
    discharge
    or
    emission
    of
    any
    contaminant
    into
    the
    environment
    in
    any
    State
    so
    as
    to
    cause
    or
    tend
    to
    cause
    air
    pollution.
    Contaminants
    on
    the
    site
    had
    been
    discharged
    into
    the
    environment
    in
    a
    manner
    that
    tends
    to
    cause
    air
    pollution.
    Section
    9
    (c)
    of
    the
    Act: No
    person
    shall
    ...
    cause
    or
    allow
    the
    open
    burning
    of
    refuse.
    The
    open burning
    of
    refuse
    was
    observed
    on
    the
    site.
    Section
    21(a)
    of
    the
    Act:
    No
    person
    shall
    ...
    cause
    or
    allow
    the
    open
    dumping
    of
    any
    waste.
    The
    open
    dumping
    of
    waste
    was
    observed
    on
    the
    site.

    LPC
    #1
    838040025
    Danville
    /
    Davis
    10/03/08
    Page
    3
    of4
    Section
    21
    (d)(1)
    of
    the
    Act:
    No
    person
    shall
    ...
    conduct
    any
    waste
    storage,
    waste-
    treatment,
    or
    waste-disposal
    operation
    without
    ...
    a
    permit
    granted
    by
    the
    Agency.
    No
    Agency
    permit
    to
    conduct
    a
    waste
    storage,
    waste-treatment,
    or
    waste-disposal
    operation
    for
    the
    site
    was
    issued.
    Section
    21
    (d)(2)
    of
    the
    Act:
    No
    person
    shall
    ...
    conduct
    any
    waste-storage,
    waste-
    treatment,
    or
    waste
    disposal
    operation
    ...
    in
    violation
    of
    any
    regulations
    or
    standards
    adopted
    by
    the
    Board
    under
    the
    Act.
    Violations
    of
    the
    Illinois
    Pollution
    Control
    Board
    Regulations
    were
    observed
    at
    the
    site
    where
    waste
    storage,
    waste-treatment,
    or
    waste-
    disposal
    operations
    were
    taking
    place.
    Section
    2
    1(e)
    of
    the
    Act:
    No
    person
    shall
    ...
    dispose,
    treat,
    store
    or
    abandon
    any
    waste
    except
    at
    a
    site
    or
    facility
    which
    meets
    the
    requirements
    of
    this
    Act
    and
    of
    regulations
    and
    standards
    thereunder.
    The
    storage
    and
    disposal
    of
    waste
    was
    occurring
    at
    a
    site
    which
    did
    not
    meet
    the
    requirements
    of
    the
    Illinois
    Environmental
    Protection
    Act
    and
    the
    illinois
    Pollution
    Control
    Board
    Regulations.
    Section
    21
    (p)(1)
    of
    the
    Act:
    No
    person
    shall
    ...
    cause
    or
    allow
    the
    open
    dumping
    of
    any
    waste
    which
    results
    in
    ...
    litter.
    Open
    dumping
    of
    waste
    resulting
    in
    litter
    was
    observed
    at
    the
    site.
    Section
    21
    (p)(3)
    of
    the
    Act:
    No
    person
    shall
    ...
    cause
    of
    allow
    the
    open
    dumping
    of
    any
    waste
    which
    results
    in
    ...
    open
    burning.
    The
    open
    dumping
    of
    waste
    resulting
    in
    open
    burning
    was
    observed
    at
    the
    site.
    Section
    21
    (p)(7)
    of
    the
    Act:
    No
    person
    shall
    ...
    cause
    or
    allow
    the
    open
    dumping
    of
    any
    waste
    which
    results
    in
    ...
    the
    deposition
    of
    general
    construction
    or
    demolition
    debris;
    or
    clean
    construction
    or
    demolition
    debris.
    Open
    dumping
    resulting
    in
    the
    deposition
    of
    general
    and
    clean
    construction
    and
    demolition
    debris
    was
    observed
    at
    the
    site.
    Section
    55
    (a)(1)
    of
    the
    Act:
    No
    person
    shall
    ...
    cause
    or
    allow
    the
    open
    dumping
    of
    any
    used
    or
    waste
    tire.
    Open
    dumping
    of
    waste
    tires
    was
    observed
    at
    the
    site.

    LPC
    #1 838040025
    Danville / Davis
    10/03/08
    Page 4 of 4
    ILLINOIS POLLUTION
    CONTROL BOARD;
    35 ILLINOIS
    ADMINISTRATIVE
    CODE,
    SUBTITLE
    G
    (REGULATIONS)
    Section
    8
    12.101 of the Regulations:
    ... All
    persons, except those
    specifically
    exempted
    by
    Section
    21(d)
    of
    the Environmental
    Protection Act
    (Act)
    [415
    ILCS 5/21(d)], shall
    submit
    to the Agency
    an
    application
    for a permit
    to develop
    and operate a landfill.
    The
    application
    must
    contain
    the
    information required
    by this
    Subpart
    and
    by
    Section
    3
    9(a)
    of
    the Act, except
    as otherwise provided
    in
    35
    Ill.
    Adm.
    Code
    817. No such application
    for
    a permit to develop
    and operate
    a
    landfill
    was submitted.

    STATE
    OF
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    Date.
    of
    Inspection:
    3
    ac
    Site
    Code:
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    Si
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    j3i
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    Inspector:-
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    County:
    Tfme:
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    IL
    532—52
    LPC
    2Q
    1/
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    on
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    Respondent:
    AC
    Number:
    County
    Case
    Number:
    Site
    Code
    No:
    To
    Whom
    It
    May
    Concern:
    Enclosed
    for
    filing
    with
    the
    Board
    is
    the
    Administrative
    Citation
    Package
    issued
    to
    the
    above-captioned
    Respondent.
    I
    am
    forwarding
    an
    original
    and
    nine
    complete
    copies
    of
    the
    Administrative
    Citationwith
    the
    attachedfiled
    inspector’s
    Affidavit
    and
    inspection
    report.
    Service
    of
    the
    Administrative
    Citation
    was
    doneon
    November
    25,
    2008.
    If
    the
    Respondent
    pays
    thecivil
    penalty
    without
    filing
    a
    Petition
    for
    Review,
    I
    will
    send
    notice
    immediately
    for
    your
    record.
    Respondent’s
    mailing
    address
    is:
    Bill
    Richardson
    647
    E.
    13
    th
    Street
    Danville,
    Illinois
    61832
    Sincerely,
    C4jotb9
    Bill
    Richardson
    08-04
    1838040025
    Charles
    D.
    Mockbee
    IV

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