(217) 782-9817
TDD: (217) 782-9143
July 25, 2008
John Therriault, Clerk
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
RECEIVED
CLERK'S OFFICE
JUL 2 8 2008
STATE OF ILLINOIS
Pollution Control Board
ely,
Michelle M.
Ryan
JAI
Assistant Counsel
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1 021
NORTH GRAND AVENUE EAST, P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217) 782-3397
JAMES R.
THOMPSON CENTER, 1 00 WEST RANDOLPH, SUITE
11-300, CHICAGO, IL 60601 - (312) 814-6026
ROD
R.
BLAGOJEVICH, GOVERNOR
?
DOUGLAS P. SCOTT, DIRECTOR
Re: Illinois Environmental Protection Agency v. Mid-America Machinery Company
IEPA File No. 138-08-AC: 1174100001—Macoupin County
Dear Mr. Therriault:
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector's Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s).
On this date, a copy of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail. As soon as
I
receive the return receipt,
I
will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation.
If you have any questions or concerns, please do not hesitate to contact me at the number above.
Thank you for your cooperation.
Enclosures
ROCKFORD -
4302 North Main Street, Rockford, IL 61103 – (815) 987-7760 •
DES PLAINES -
9511 W. Harrison St., Des Plaines, IL 60016 – (847) 294-4000
ELGIN - 595 South State, Elgin, IL 60123 – (847) 608-3131
?• PEORIA -
5415 N. University St., Peoria, IL 61614 – (309) 693-5463
BUREAU OF LAND - PEORIA -
7620 N. University St., Peoria, IL 61614 – (309) 693-5462 •
CHAMPAIGN -
2125 South First Street, Champaign, IL 61820 – (217) 278-5800
SPRINGFIELD -
4500 S. Sixth Street Rd., Springfield, IL 62706 – (217) 786-6892 •
COLLINSVILLE -
2009 Mall Street, Collinsville, IL 62234 – (618) 346-5120
MARION -
2309 W. Main St., Suite 116, Marion, IL 62959 – (618) 993-7200
PRINTED ON RECYCLED PAPER
Respectfully submitted,
Miche e M. Ryan
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
JUL 2 8 2008
ILLINOIS ENVIRONMENTAL
4STATE OF ILLINOIS
PROTECTION AGENCY,
Pollution Control
Board
Oet "1
(IEPA No. 138-08-AC)
MID-AMERICA MACHINERY CO.,
)
Respondent.
)
NOTICE OF FILING
To: Mid-America Machinery Company
ATTN: Larry Jabusch
2500 Wrightsman Road
Virden, IL 62690
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.
ADMINISTRATIVE CITATION
Complainant,
)
v.
)
AC
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: July 25, 2008
THIS FILING SUBMI I I ED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
(IEPA No. 138-08-AC)
MID-AMERICA MACHINERY COMPANY,
Respondent.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
RECEIVED
CLERK'S OFFICE
JUL 2 8 2008
STATE OF ILLINOIS
Pollution Control Board
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 Mid-America Machinery Company ("Respondent") is the present owner and
operator of a facility located at 33256 Old Route 4, Virden, Macoupin County, Illinois. The property
is commonly known to the Illinois Environmental Protection Agency as Virden/Mid-America
Machinery Co.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1174100001.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on June 18, 2008, Jan Mier of the Illinois Environmental Protection Agency's
Springfield Regional Office inspected the above-described facility. A copy of her inspection report
setting forth the results of said inspection is attached hereto and made a part hereof.
VIOLATIONS
Based upon direct observations made by Jan Mier during the course of her June 18, 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 5121(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 September 1, 2008, unless otherwise provided by order of the Illinois
Pollution Control Board.
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 I LCS 5/31.1 (2006), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
2
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 I LCS 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
Douglas . Scott, Director
?
6
Illinois Environmental Protection Agency
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.
Date:
2_310%
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
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
REMITTANCE FORM
RECEIVED
CLERK'S OFFICE
JUL 2 8 2008
STATE OF ILLINOIS
Pollution Control Board
AC
69
(IEPA No. 138-08-AC)
MID-AMERICA MACHINERY COMPANY,
Respondent.
FACILITY:
?
Virden/Mid- America Machinery Co. SITE CODE NO.: 1174100001
COUNTY:?
Macoupin
?
CIVIL PENALTY: $3,000.00
DATE OF INSPECTION:?
June 18, 2008
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter the date of your remittance, your Social Security number (SS) if an individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form. Be
sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental
Protection Agency, Attn.: Fiscal Services, P.O. Box 19276, Springfield, Illinois 62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGEN(
CLERK'S OFFICE
1
JUL 28 2008
IN
Illinois
THE
Environmental
MATTER OF:
?
?
)
Pollution
l_STATE
Control
OF
ILLI
NOIS
Bo
ard
Protection Agency
?
)
vs.?
)?
IEPA DOCKET NO.
Mid America Machinery Co.,
Respondent?
)
Affiant,
Jan Mier,
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 Environmental Protection Agency and has been so employed at
all times pertinent hereto.
2.
On June 18, 2008, between 1:20 p.m. and 1:35 p.m., Affiant conducted an inspection
of an open dump, located in Macoupin County, Illinois and known as
Virden/Mid
America Machinery Co.
by the Illinois Environmental Protection Agency. Said site has
been assigned site code number LPC # 1174100001 by the Agency.
3.
Affiant inspected said 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 open dump.
orr,
\La
Jan Mier
Subscribed and Sworn to Before Me
this
(
12
day
of ,n?
2008
AFFIDAVIT
/
Notary Public
OFFICIAL SEAL
CHARLENE K. POWELL
NOTARY PUBLIC - STATE OF ILUNOIS
MY COMMISSION EXPIRES MARCH 15, 2012
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
?
MACOUPIN?
LPC#:
?
1174100001
?
Region: 5 - Springfield
Location/Site Name: VIRDEN/MID AMERICA MACHINERY CO.
Date:
?
6/18/08
?
Time: From 1:20 pm?
To 1:35 pm
?
Previous Inspection Date:
Inspector(s): JAN MIER
?
Weather: 75°, SUNNY, WINDY
No. of Photos Taken: # 5
?
Est. Amt. of Waste: 50
?
yds3 Samples Taken: Yes #
3/31/08
No x
Interviewed: LARRY JABUSCH, OWNER
?
Complaint #: C-08-055
?
FicariewC
s
0/N/ft—I)
Responsible Party
Mailing Address(es)
and Phone
Number(s):
MID AMERICA MACHINERY CO.
2500 WRIGHTSMAN ROAD
VIRDEN, IL 62690
ATTN: LARRY JABUSCH
217/965-3358 cell 836-3357
;
r
•
\ 1(3
Fict
JUL 2 8 2008
POI
fp:r
tida.
18 OF
Control
ILLI
NOIS
Board
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
q
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
q
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
q
4.
12(d)
CREATE A WATER POLLUTION HAZARD
q
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
q
(2)
In Violation of Any Regulations or Standards Adopted by the Board
ri
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
Fl
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
■
(2)
Scavenging
q
(3)
Open Burning
q
(4)
Deposition of Waste in Standing or Flowing Waters
q
(5)
Proliferation of Disease Vectors
q
(6)
Standing or Flowing Liquid Discharge from the Dump Site
q
Revised 06/18/2001
?
(Open Dump - 1)
LPC
#
1174100001
Inspection Date:
?
6/18/08
(7)
Deposition of: (i) General Construction or Demolition Debris as defined in Section
3.160(a); or (ii) Clean Construction or Demolition Debris as defined in Section 3.160(b)
4.
9.
55(a)
NO PERSON SHALL:
(1)
Cause or
Allow Open Dumping of Any Used or Waste Tire
q
(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
q
11.
722.111
HAZARDOUS WASTE DETERMINATION
q
12.
808.121
SPECIAL WASTE DETERMINATION
q
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
q
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: (
?
) PCB; (?
) CIRCUIT COURT
CASE NUMBER:?
ORDER ENTERED ON:
q
15.
OTHER:
q
1-1
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)
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
INSPECTION NARRATIVE
LPC#1174100001 – Macoupin County
?
DATE: 6/18/08
Virden/Mid America Machinery Co.
?
INSPECTOR: Jan Mier
FOS File?
C-08-055-C
On June 18, 2008, I conducted a follow-up inspection at the above-referenced site located at 33256
Old Route 4, just south of Virden, IL. The site is the location of Mid America Machinery Co.. The
business and property are owned by Mid America Machinery Co. and operated by Larry Jabusch.
Because the land was bought in two parcels, two property deeds are attached, with the owner listed as
Mid America Machinery Co. Recently, Mr. Jabusch closed his business.
Mr. Jabusch and the contractor hired to clean up the property were sent an Administrative Citation
Warning Notices dated November 14, 2007 for open dumping and open burning observed during an
10/30/07 inspection. The used tire violations were resolved with the removal of the used tires by
Wade Wiseman, an Illinois EPA registered used tire hauler. Receipts from Flowers Sanitation and
Mervis Industries were faxed to this office on January 10, 2008 for disposal and recycling of wastes
that were on site. What remains is a pile of dirt, rock, concrete, and steel cable that is approximately
120' by 15' by 6'. A letter dated May 6, 2008, from the Illinois EPA gave Mr. Jabusch until June 15,
2008 to remove and properly dispose of the concrete or to reuse it so that it is not considered a waste.
Mr. Jabusch was given until June 22, 2008 to submit receipts or documents. There was no written
response from Mr. Jabusch.
I arrived at 1:20 p.m. Heavy equipment was on site. I entered the office and met Jeff Tuggle. Mr.
Tuggle said his company, Welded Construction, was renting the building and grounds for a few
months. Welded Construction Co. installs pipelines. I told Mr. Tuggle I needed to walk the site. The
pile of concrete and dirt was still on site (see photo #001 and #002). These photos show the west side
of the pile. The east side is shown in photo #003 and #004. Photo #004 shows the steel cable that
does not appear to be attached to the concrete. Photo #005 also shows the east side of the pile with
landscape waste mixed in with the concrete. The pile does not appear to have changed since my last
inspection on 3/31/08. I departed at 1:35 p.m.
Continuing violations observed at the time of the inspection are noted on the attached checklist.
cc: DLPC/FOS – Springfield Region
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
Date of Inspection:
6/18/08
Inspector:
Jan Mier
Site Code:
LPC#1174100001
County:
Macoupin
Site:
Virden/Mid America Machinery
Time:
1:20 p.m. — 1:35 p.m.
NORTH
Measurements Approximate
Direction of Photo —>
Not to Scale
;ecier>
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1174100001 — Macoupin County Co.
Virden/Mid America Machinery Co.
FOS File
DIGITAL PHOTOGRAPHS
Photograph File Names: 1174100001-06182008-[Exp. #].jpg
Date:
6/18/08
Time:
1:29 p.m.
Direction:
SE
Photo by:
Jan Mier
Exposure
#: 001
Comments:
Clean fill
pile of broken
concrete approximately
120 feet long by 15 feet
wide and 6 feet high
Date:
6/18/08
Time:
1:29 p.m.
Direction:
SE
Photo by:
Jan Mier
Exposure
#: 002
Comments:
Clean fill pile with broken
concrete slabs and
renters equipment in
foreground
Page 1 of 3
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1174100001 —
Macoupin County
Virden/Mid America Machinery
Co.
FOS File
DIGITAL PHOTOGRAPHS
Photograph File Names: 1174100001-06182008-(Exp. #].jpg
Date:
6/18/08
Time:
1:31 p.m.
Direction:
N
Photo by:
Jan Mier
Exposure
#: 003
Comments:
Broken concrete and
concrete culvert with
steel cable
Date:
6/18/08
Time:
1:31 p.m.
Direction:
NW
Photo by:
Jan Mier
Exposure
#: 004
Comments:
Broken concrete slabs
with steel cable
Page 2 of 3
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #1174100001 — Macoupin County
Virden/Mid America Machinery Co.
FOS File
DIGITAL PHOTOGRAPHS
Date:
6/18/08
Time:
1:31 p.m.
Direction:
N
Photo by:
Jan Mier
Exposure
#: 005
Comments:
Broken concrete slabs
with landscape waste
Photograph File Names: 1174100001-06182008-[Exp. #].jpg
Page 3 of 3
ri
Live Search Maps
I LPC # 1174100001 Macoupin County
Virden/Mid America Machinery
Co.
FOS File
NEW! Try Live Search 411
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?
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CORP/LLC - CERTIFICATE OF GOOD STANDING
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PROGRAMS
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PRESS
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PUBLICATIONS?
DEPARTMENTS
?
CONTACT
CORPORATION FILE DETAIL REPORT
Entity Name
MID AMERICA
MACHINERY CO.
File Number
49819633
Status
GOODSTANDING
Entity Type
CORPORATION
Type of Corp
FOREIGN BCA
Qualification
Date (Foreign)
04/20/1971
State
DELAWARE
Agent Name
LAWRENCE JABUSCH
Agent Change Date
04/02/1990
Agent Street
Address
ROUTE 4 SOUTH
President Name & Address
LAWRENCE R JABUSCH 2500
WRIGHTSMAN RD VIRDEN
62690
Agent City
VIRDEN
Secretary Name & Address
LAWRENCE R JABUSCH 2500
WRIGHTSMAN RD VIRDEN
62690
Agent Zip
62690
Duration Date
PERPETUAL
Annual Report
Filing Date
03/25/2008
For Year
2008
Return to the Search Screen
Purchase Certificate of Good Standing
(One Certificate
per Transaction)
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WARRANTY DEED to CORPORATION
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Perfection
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Forms & Printtoe
Co.,
Rockford,
IL 61101
THIS INDENTURE WITNESSETH, That the Grantors
KENDALL COLE and CHARLOT COLE, husband
and wife, of Virden, Illinois, and
AUSTIN W. HULCHER and MARY ELLEN HULCH R,
husband and wife,
of the
in the County of
and State of
for and in consideration of the Boni of One Dollar and other
good and valuable considerations, the receipt of which is
hereby acknowledged, CONVEY and WARRANT to
MID AMERICA MACHINERY CO., INC.,
a9i2
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?corporation duly organized and'existing under and-by virtue of the laws of the Stale of
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Delaware
and whose address is . Rodte 4 South, Virden, Illinois ,
?
-iP.VNUE"
rAm
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,•,
'•ACOUPINc2.,
the following described real estate, to-wit:?
8y4l:
A part of the Southwest Quarter of Section 16, Township 12 North, Range
6 West of the Third Principal Meridian, described as follows:
Commencing at the Southwest corner of said i:ection 16, vnrinino thence North
00 degree 00 minute East along the West line of said Section 16 for 587.06 feet,
being the point of beginning of said parcel of land; From the point mf
thence North 00 degree 00 minute East along said West line for 237.20 feet; thence
North 90 degrees 00 minute East for 23.02 feet; thence North 60 degrees 36 minutes
East for 154.26 feet; thence North 54 degrees 48 minutes East for 152.19 feet;
thence North 45 degrees 34 minutes East for 136.38 feet to the Westerly right-of-
way line of the Burlington Northern Railroad; thence South 21 degrees 25 minutes
East along said right-of-way line for 532.88 feet; thence North 90 degrees 00
minute West for 573.64 feet to the point of beginning, containing 4.10 acres, more
or less, subject to
.
a portion of the entire West side deciated for Highway purposes
containing 0.13 acre, more or less,
Excepting, the coal and other minerals underlying the surface of said land
and all rights and easements in favor of the estate of said coal,and other
minerals.
(Continue legal description on reverse side)
situated in
?
Macoupin
Ma
?
County, Illinois, hereby releasing and waiving all riclits
under and by virtue of the Homestead Exemption Laws of the State of Illinois,
Dated this I C-2"- ?day of
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1
I, the undersigned, a Notary
r hlie
'
i
"
r1 ff<1.),Nbar," 1..'Uf!a);
and
s, Stri,• aforesaid,
DO IIEREBY CER ICY THAT
__a__y
\ .,_Le.,.., c), ._4
)._
CHARLOT COLE, husbanl and wife, and AUSTIN W.
HULCIIER and MARY ELLEN HULCHER, husband & wife
COUNTY
personally knnwn to me
to be the same uersonS___whose name
5
subscribed to the foregoing Instrument, as
having executed the same, appeared
beton
.
me this day in person and acknowledged that
they ?
sienetl, sealed
and
delivered the said instrument as
their
?
free and voluntary act"for the uses and purposes therein
set forth, including
the release
Given
anti
under
waiver
my
of
hand
the
and
right
Notarial
.0) homest,
Seal
nil.
this
..._
1 ST
)--
?
day of C)
C.2.-
0
\t) ta r
C
.
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Nothry Public.
Future Taxes to Grantee's Address (
)
Return this document to:
Olt
to
This
Instrument
was
prepared
by: ---RaGE131,.1311TLIERFOrm
Whose address ia•....X
AMOUNT PAID
relS
I LI OIS
•
as:
STATE OF ILLINOIS
A
114.
I
OU WWII/.
5
573.64'
N 90° 00' W
•
DENOTES IRON PIPE FOUND
O
DENO T ES IRON PIPE SET
OW 002
SCALE: I"
•
100'
4.10 ACRES
.
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I
SW. CORNER,
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,SEC.16•12-6
PLAT 'AIMING
A SURVEY OF PART OF THE
SECTION 16,
T-12-11, R-6-W, 311U, P. M. IN
MACOUPIN COUNTY, ILLINOIS.
Prentiss D. Wild, Carlinville, Illinois, do hereby certify that said survey
wan made und
e
r my diroctlen and attached plat correctly represents
B ald survey.
11lineis Land Surveyor #2092
Novemte
r 7, 1954
Fern
13
-
A -
WARRANTY DEED -
Individualls) to
Corporation
Perfection Legal Forms & Printing Co., Rockford, Ill
Document No.
?
?
filed for Record hi Recorder's office of ?
County, Illinois
?
at ?
o'clock?
M.
WARRANTY DEED
to CORPORATION 4?
Recorder of Deeds.
THIS INDENTURE WITNESSETH, That the Grantor s, AUSTIN. W. HULCHER and MARY
ELLEN HULCHER, husband and wife,
of the R. R. of Virden,?
in the County of Macoupin,?
and State of Illinois,
for and in consideration of the sum of One Dollar and other good and valuable considerations, the receipt
of which is hereby acknowledged, CONVEY and WARRANT to
MID AMERICA MACHINERY CO.,
a corporation duly organized and existing under and by virtue of the laws of the State of Delaware,
and whose 'address is Virden, Illinois,
the following described real estate, to-wit:
A part of the Southwest Quarter of Section 16, Township 12 North,
Range 6
West of the Third Principal Meridian, more particularly
described
as
follows: Commencing at the :Southwest corner of said
Section 16, running thence North 00 degree 00 minute 00 second East
along the West line
of
said Section 16 for 824.26 feet to a point,
being the point of beginning of said parcel of land; From the point
of beginning, running thence North 00 degree 00 minute 00
.
second
East
along the West line of said Section 16 for 707.73 feet; thence
North 90 degrees 00 minute 00 second East for 202.62 feet to the
West right-of-way line of Chicago, Burlington and Quincy Railroad
now
the Burlington Northern, Inc., Railroad; thence South 21 degrees
28 minutes 02
seconds. East along the said Railroad right-of-way for
482,06 feet; thence South 45 degrees 33.minutes 50 seconds West for
136,38 feet; thence South 54 degrees 48 minutes 20 seconds West for
= 4
152.19 feet;
thence
South 60
degrees 36 minutes 20 seconds West for
n 154.
26
feet; thence North 90 degrees
00 minute 00
second West for
50p?
No 23.02 feet to the point of beginning, containing 4.32
acres, more or
less, with 0.42 acr
(
tu
i
„aqQa,42§g
ire
rAlast
)
used
as right-of-way for
situated
ald
?
S.B.I. Route 4,
Hae,s„upixt_COUnty, Illinois, hereby releasing and waiving: all rights
under and by virtue of the Homestead Exemption Laws of the State of Illinois.
? -
Dated thisLL2
.'
1.__
.— day of?
197 8
a pampa?
•FP•RO•Er
0.•
\
?rFrft•IISC
■•
-•
-
1
M VP
7E'
STATE OF ILLINOIS
ASCOI
/Pil`
?
COUNTY .;
I,
the
undersigned, a Notary
.
Public, in and for said
-.
#•
County
i
. -..?
and
State aforesaid, DO
H
:,..
EREBY CERTIFY:THAT
lli ti
c
Tri
q
7
g
ra.r
g
IZR aril 'MARY -ELLEN HULCHER. husband and. wife,
personally known to me
to
be the same person S whose name
s
are
?
subscribed to the
foregoing instrument, as
having
executed the same,
appeared before
me this day in person and acknowledged that
they . '
sigiibil,..vared.and --.
.,
...
delivered the said instrument a,
their
?
free and voluntary act for the uses and
purposes therein-0Y forty, including
the release
Given
and
under
waiver
my
of
hand
the
and
right
Notarial
of homestead.
Seal this 1
(r. —
rt'711i
day
C 1 -F" - -?
-
Notary blic.
Future Taxes to Grantee's Address ( )
?
Return this document to:
OR to
es "
•
B. 197
at 11:30 A.M. Raymond Vernetti Recorder
This Instrument was Prepared by.
EDMOND Ii . REES
Whose Address is:?
West Side S ware
Vird
rEE
Fi
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a•i
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CSO-Cre-5
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as45v?
A-tYLLe--
;444*14,4e7i-,
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R G I
NA
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JU
L
pollution
STATE OF ILLINOIS
I hereby certify that I did on the 25th day of July 2008, send by Certified Mail, Ke
111 akritft
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: Mid-America Machinery Company
ATTN: Larry Jabusch
2500 Wrightsman Road
Virden, IL 62690
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
?
John Therriault, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
PROOF OF SERVICE
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
