incerely,
Michelle M. Ry
Assistant Counsel
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O.
Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217)
7-4,12e
JAMES R. THOMPSON
CENTER, 100 WEST RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601 - (312)
814-0NK'S
OFFICE
ROD
R. BLAGOJEVICH, GOVERNOR
?
DOUGLAS
P. SCOTT, DIRECTOR
JUN 1 9
2008
STATE OF ILLINOIS
Pollution Control Board
(217) 782-9817
TDD: (217) 782-9143
June 17, 2008
OR\GMAL
John Therriault, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v. Charles F. Kinsel
TEPA File No. 78-08-AC; 0578170001
Fulton 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
bcc: Susan Konzelmann, DLC #21
Mike Davison, Division of Land Pollution Control #24
Division of Land Pollution Control File Room #24 (Compliance File)
Kinsel, Charles
0578170001—Fulton County
Robert Wagner, Peoria Regional Office
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
e
Cetiveiz
CLERK'S OFFICE
ADMINISTRATIVE CITATION
JUN 1
9 213C8
)
0
IR 1 G I 1\
A
.
L.?
Pollution
_STATE
OF
Control
ILLINOIS
Board
Complainant,
AC
v.
?
(IEPA No. 78-08-AC)
CHARLES F. KINSEL,
Respondent.
NOTICE OF FILING
To:
Charles F. Kinsel
14998 N Shelby Road
Lewistown, Illinois 61542
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,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: June 17, 2008
THIS FILING SUBMI I LED ON RECYCLED PAPER
ArecegveD
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 1 9 2008
ADMINISTRATIVE CITATION
?
STATE OF
ILL
tro l
Board
Pollution Con
INOIS
PROTECTION
ILLINOIS ENVIRONMENTAL
AGENCY,
?
R 1),G 1 N L
Complainant,?
))
?
AC
0?
(4'
V.
(IEPA No. 78-08-AC)
CHARLES F. KINSEL,?
)
Respondent.
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31.1 (2006).
FACTS
1.
That Charles F. Kinsel ("Respondent") is the present operator of a facility located at
14998 N. Shelby Road, Lewistown, Fulton County, Illinois. The property is commonly known to the
Illinois Environmental Protection Agency as Kinsel Property.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 0578170001.
3.
That Respondent has operated said facility at all times pertinent hereto.
4.
That on May 13, 2008, Robert Wagner of the Illinois Environmental Protection
Agency's Peoria 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 Robert Wagner during the course of his May 13,
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 5/21(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
On October, 5, 2006 and on January 10, 2002, the Board found Charles F. Kinsel in violation
of Section 21(p)(1) of the Act in AC 07-09 and AC 02-22.
Because this Administrative Citation addresses a second or subsequent violation of Section
21(p)(1) of the Act, 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 Three Thousand Dollars ($3,000.00)and 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 the violation of Section 21(p)(7), for a total of
Four Thousand Five Hundred Dollars ($4,500.00). 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 July 30, 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 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,
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 statutory civil penalty for each violation.
Pursuant to Section 31.1(d)(1) of the Act, 415 ILCS 5/31.1(d)(1) (2006), if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
adopt a final order, which shall include this Administrative Citation and findings of violation as
alleged herein, and shall impose the statutory civil penalty specified above.
When payment is made, Respondent's check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Along with payment, Respondent shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment.
If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondent from the date payment is due up to and including the date that payment is
received. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondent in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
3
Dougla?
. Scott, Director
?
-
Illinois Environmental Protection Agency
Date: ?
h /
)0g
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.
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
aeCegifeb
CLERK'S OFFICE
JUN 10 2008
collution
ST
ATE
Control
OF
ILLI
NOIS
Ac ()
Bo
ard
(IEPA No. 78-08-AC)
CHARLES F. KINSEL,
Respondent.
FACILITY:
?
Kinsel Property
?
SITE CODE NO.:?
0578170001
COUNTY:
?
Fulton?
CIVIL PENALTY:
?
$4,500.00
DATE OF INSPECTION:
?
May 13, 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 AGENCY
AFFIDAVIT
IN THE MATTER OF:
IEPA DOCKET NO.
RESPONDENT
Affiant, Robert J. Wagner, being first duly sworn,
voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by the Land
Pollution Control Division of the Illinois Environmental
Protection Agency and has been so employed at all times pertinent
hereto.
2.
On May 13, 2008, between 9:45 a.m. and 10:30
a.m., Affiant conducted an inspection of the open dump in
Fulton County, Illinois, known as Kinsel Property, Illinois
Environmental Protection Agency Site No. 0578170001.
3.
Affiant inspected said Kinsel Property open dumpsite by
an on-site inspection, which included walking the site and
photographing the site.
4.
As a result of the activities referred to in
Paragraphs 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
Kinsel Property open dump.
me this
day of
9,,
O
8
(
d14-j,-,
1
/
?
,71(71
OFFICIAL SEAL
Carolyn S. Schlueter
Notary
Public. State of 111inois
My
Commission Expires 8/7/2011
tary Public
Subscribed and Sworn to b
No. of Photos Taken: #
19?
Est. Amt. of Waste:
Interviewed:
?
No One Onsite
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:?
Fulton
Location/Site Name:
Date:?
05/13/2008 Time: From 9:45 AM
To 10:30 AM Previous Inspection Date: 03/14/2007
LPC#:
?
0578170001
?
Region:?
3 - Peoria
Little America / Kinsel Property
Inspector(s):
?
Robert J. Wagner
Weather: 60 F Dry, Sunny
5643 yds3
Samples Taken: Yes #
Complaint #: C-2008-024-P
No
Latitude: 40.40791
?
Longitude: -90.05977
(Example:
?
Lat.: 41.26493
?
Long.: -89.38294)
Collection Point Description:
Collection Method: -
Responsible Party
Mailing Address(es)
and Phone Number(s):
Charles F. Kinsel
14998 N Shelby Rd.
Lewistown, II 61542
(309) 668-2833
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
ri
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
(2)
In Violation of Any Regulations or Standards Adopted by the Board
■
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
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
I
?
I
(6)
Standing or Flowing Liquid Discharge from the Dump Site
q
Revised 6/21/2007
(Open Dump - 1)
LPC #
0578170001
Inspection Date:?
05/13/2008
(
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)
■
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
q
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
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
1-1
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:
(
q
)
PCB;
(
q
)
CIRCUIT COURT
CASE NUMBER:
?
ORDER ENTERED ON:
15.
OTHER:
q
il
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 6/21/2007
(Open Dump - 2)
0578170001 -- Fulton County
Kinsel Property
FOS
Prepared By: Robert J. Wagner
Inspection Date: May 13, 2008
Page 1
Narrative
On May 13, 2008, this author (Robert J. Wagner) inspected property owned by Charles Kinsel.
The property is located at 14998 N. Shelby Road, Lewistown, Illinois. For the purpose of this
report the property will be referred to as the Kinsel Property.
The open dump inspection was a result of a citizen complaint (C-2008-024-P). The complainant
alleged that Charles Kinsel is hauling demolition waste from the demolished Starbuck/Zempel
Building located in Lewistown, Illinois to his property and burying it. According to the
complainant the waste material is being buried on the far west corner of the property.
Site History
On June 15, 1988, an open dump inspection took place at Kinsel Property. The inspection was a
result of citizen complaint C-1988-090-P. On June 30, 1988, a Compliance Inquiry Letter was
sent to Charles Kinsel for operating a landfill without a permit. On August 5, 1988 a Pre
Enforcement Conference Letter was sent to Mr. Kinsel. On August 12, 1988, the Agency
received a response letter from Mrs. Brenda Kinsel explaining why they opened dumped on the
property.
On February 14, 1992, an open dump inspection took place at the Kinsel Property. The
inspection was a result of citizen complaint C-1992-023-P. On March 13, 1992, an
Administrative Warning Notice (AWN) was issued to Charles Kinsel for open dumping
demolition debris on his property. On August 19, 1992 a re-inspection took place at the
property. No violations were observed at the time of this inspection.
On September 19, 2001, an open dump inspection took place at this site. The inspection was a
result of citizen complaint C-2001-104-P. On November 6, 2001, Administrative Citation AC
2002-022 was issued to Mr. Kinsel for open dumping on his property. On November 16, 2001, a
NICROD was sent to Mr. Kinsel. The IPCB ordered Mr. Kinsel to pay a penalty of $1,500. On
January 23, 2002 a re-inspection took place at the property. No violations were observed at the
time of this inspection.
On July 18, 2006, an open dump inspection took place at this site. The inspection was a result of
citizen complaint C-2006-068-P. On August 18, 2006, Administrative Citation AC 2007-009
was issued to Mr. Kinsel for open dumping and open burning on his property. On August 28,
2006, a NICROD was sent to Mr. Kinsel. The IPCB ordered Mr. Kinsel to pay a penalty of
$1,500. On November 13, 2006 a re-inspection took place at the property. No violations were
observed at the time of this inspection.
Inspection
This author arrived at the property at 9:45 AM. This author identified himself to Mr. Kinsel's
son and explained the purpose of the visit. This author received permission to inspect the
0578170001 -- Fulton County
Kinsel Property
FOS
Prepared By: Robert J. Wagner
Inspection Date: May 13, 2008
Page 2
property. The property had two areas that had demolition waste dumped on it. For the purpose
of this report they will be described as Area 1 and Area 2 (see site sketch and map).
This author proceeded to Area 1. Photographs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, and 15 show
Area 1 located in the northwest portion of the property. The photographs show concrete block,
red brick commingled with chunks of concrete, electrical conduit, metal wire, tree roots, a brick
with a protruding metal post, fiberboard, and processed wood. The size of Area 1 was
approximately 40 feet long by 12 feet wide by 5 foot high (88 yd3). Photograph 12 shows heavy
earth moving equipment located at the top of Area 1.
This author proceeded to Area 2. Photographs 16, 17, 18, and 19 show the middle portion of the
property where Area 2 is located. The photographs show chunks of concrete with protruding
metal bars, processed wood, and asphalt being deposited on a slope. The size of Area 2 was
approximately 200 feet long by 50 feet wide by 15 foot deep (5555 yd3). This author departed
the site at 10:30 AM.
Prior to this inspection this author spoke to Mr. Kinsel on several occasions about how to
properly dispose of construction debris. This author told Mr. Kinsel to follow Section 3.160 of
the Illinois Protection Act. This section of the Act defines construction debris. This author told
Mr. Kinsel that clean construction debris could not be comingled with general construction
debris.
The following alleged violations were observed and indicated on the open dump inspection
checklist:
1.
Pursuant to Section 21(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(a)), no person shall cause or allow the open dumping of any waste.
A violation of Section 21(a) is alleged for the following reason:
Evidence of open
dumping of waste was observed during the inspection.
2.
Pursuant to Section 21(d)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(1)), no person shall conduct any waste-storage, waste-treatment, or waste-
disposal operation without a permit granted by the Agency or in violation of any
conditions imposed by such permit.
A violation of Section 21(d)(1) is alleged for the following reason:
Waste was disposed
without a permit granted by the Illinois EPA.
3.
Pursuant to Section 21(d)(2) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(2)), 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 this Act.
0578170001 -- Fulton County
Kinsel Property
FOS
Prepared By: Robert J. Wagner
Inspection Date: May 13, 2008
Page 3
A violation of Section 21(d)(2) is alleged for the following reason:
A waste disposal
operation was conducted in violation of regulations adopted by the Illinois Pollution
Control Board.
4.
Pursuant to Section 21(e) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(e)), no person shall dispose, treat, store or abandon any waste, or transport any
waste into this State for disposal, treatment, storage or abandonment, except at a site or
facility which meets the requirements of this Act and of regulations and standards
thereunder.
A violation of Section 21(e) is alleged for the following reason:
Waste was disposed at
this site which does not meet the requirements of the Act and regulations
thereunder.
5.
Pursuant to Section 21(p)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(1)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in litter.
The prohibitions specified in this subsection (p) shall be enforceable by the Agency either
by administrative citation under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping.
A violation of Section 21(p)(1) is alleged for the following reason:
The open dumping
of waste was caused or allowed in a manner which resulted in litter.
6.
Pursuant to Section 21(p)(7) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(7)), no person shall cause or allow the open dumping of waste in a manner that
results in deposition of (i) general construction or demolition debris as defined in Section
3.160(a) of this Act; or (ii) clean construction or demolition debris as defined in Section
3.160(b) of this Act.
A violation of Section 21(p)(7) is alleged for the following reason:
The open dumping
of waste was caused or allowed in a manner which resulted in deposition of general
or clean construction or demolition debris.
7.
Pursuant to 35 Ill. Adm. Code 812.101(a), all persons, except those specifically exempted
by Section 21(d) of the {Illinois} Environmental Protection Act, shall submit to the
Agency an application for a permit to develop and operate a landfill.
A violation of 35 Ill. Adm. Code 812.101(a) is alleged for the following reason:
A waste
disposal site was operated without submitting to the Illinois EPA an application for
a permit to develop and operate a landfill.
1
'
574
0578170001 - Fulton County
Kinsel Property
Location Map
Big Sister Creek
0578170001 -- Fulton County
Kinsel Property
FOS
Prepared By: Robert J. Wagner
Inspection Date: May 13, 2008
Site Sketch
Page 1
Nt
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 1 of 12
DOCUMENT FILE NAME:
0578170001-05132008.doc
DATE: May 13, 2008
TIME: 9:46 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE NAME:
0578170001.05132008-001.jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block.
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 2 of 12
DOCUMENT FILE NAME:
0578170001-05132008.doc
DATE: May 13, 2008
TIME:
9:47 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE NAME:
057817000105132008-002.jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, metal wire and
processed wood.
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 3 of 12
DATE: May 13, 2008
TIME:
9:47 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME:
0578170001-05132008-003 .jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, chunks of concrete,
electrical conduit and processed
wood.
DATE: May 13, 2008
TIME:
9:47 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE NAME:
0578170001A5132008-004jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, chunks of concrete,
electrical conduit and processed
wood.
DOCUMENT FILE NAME:
0578170001-05132008.doc
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 4 of 12
DOCUMENT FILE NAME:
0578170001-05132008.doc
DATE: May 13, 2008
TIME:
9:47 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
057817000105132008-005jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, electrical conduit,
and electrical wire.
DATE: May 13, 2008
TIME:
9:47 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE NAME:
0578170001-05132008-006jpg
COMMENTS: The photograph
shows concrete block commingled
with chunks of concrete and tree
branches.
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 5 of 12
DATE: May 13, 2008
TIME: 9:48 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
057817000105132008-007.jpg
COMMENTS: The photograph
shows concrete block commingled
with processed wood and paper.
DOCUMENT FILE NAME:
0578170001-05132008.doc
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 6 of 12
DOCUMENT FILE NAME:
0578170001-05132008.doc
DATE: May 13, 2008
TIME: 9:49 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
0578170001.05132008-008.jpg
COMMENTS: The photograph
shows concrete block commingled
with chunks of concrete, tree roots,
a brick with a protruding metal
post.
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 7 of 12
DOCUMENT FILE NAME:
0578170001-05132008.doc
DATE: May 13, 2008
TIME: 9:50 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE NAME:
057817000105132008-009jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, chunks of concrete,
and fiberboard.
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 8 of
12
DOCUMENT FILE NAME:
0578170001-05132008.doc
DATE: May 13, 2008
TIME: 9:51 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE NAME:
057817000105132008-010.jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, fiberboard and
processed wood.
DATE: May 13, 2008
TIME: 9:51 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
057817000105132008-011jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, fiberboard and
processed wood.
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 9 of
12
DATE: May 13, 2008
TIME: 9:51 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE NAME:
057817000105132008-012.jpg
COMMENTS: The photograph
shows earth moving equipment.
DATE: May 13, 2008
TIME: 9:52 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILE NAME:
057817000105132008-013.jpg
COMMENTS: The photograph
shows the area.
DOCUMENT FILE NAME:
0578170001-05132008.doc
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 10 of 12
DOCUMENT FILE NAME:
0578170001-05132008.doc
DATE: May 13, 2008
TIME: 9:52 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH FILE NAME:
057817000105132008-014jpg
COMMENTS: The photograph
shows the area.
DATE: May 13, 2008
TIME: 9:52 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE NAME:
057817000105132008-015jpg
COMMENTS: The photograph
shows the area.
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page 11 of 12
DATE: May 13, 2008
TIME: 9:56 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE NAME:
057817000105132008-016.jpg
COMMENTS: The photograph
shows large chunks of concrete
with protruding metal bars.
DATE: May 13, 2008
TIME: 9:56 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
17
PHOTOGRAPH FILE NAME:
0578170001-05132008-017.jpg
COMMENTS: The photograph
shows a large chunk of concrete
with protruding metal bars.
DOCUMENT FILE NAME:
0578170001-05132008.doc
0578170001 - Fulton County
Kinsel Property
FOS
Site Photographs
Page
12 of 12
DATE: May 13, 2008
TIME: 9:56 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
18
PHOTOGRAPH FILE NAME:
0578170001-05132008-018.jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, asphalt, chunks of
concrete with protruding metal bars,
and processed wood.
DATE: May 13, 2008
TIME:
9:57 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
19
PHOTOGRAPH FILE NAME:
057817000105132008-019.jpg
COMMENTS: The photograph
shows red brick commingled with
concrete block, asphalt, chunks of
concrete with protruding metal bars,
and processed wood.
DOCUMENT FILE NAME:
0578170001-05132008.doc
CLERK'S
ECEIVED
OFFICE
JUN 1
9 2008
STATE OF ILLINOIS
I hereby certify that I did on the 17th day of June 2008, send by CeFr'fliflitna,iireilufriclgeipt
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:
Charles F. Kinsel
14998 N Shelby Road
Lewistown, Illinois 61542
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
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
C
I
R
'GI NA
PROOF OF SERVICE
THIS FILING
SUBMITTED ON RECYCLED PAPER
