0
RECVED
CLERKS
OFFICE
JOHN
SCHMIDT
SANGAM0N
COUNTY
FEB
2
b
2009
STATE’S
ATToRNEY
STATE
OF
1LUNOS
Room
402
County
Complex
200
South
Ninth
Street
Facsimile:
217/535-3179
Springfield,
IL 62701
February
23, 2009
The
Honorable
Dorothy
M
Gunn,
Clerk
Illinois
Pollution
Control
Board
James
R. Thompson
Center
100
West Randolph
Street,
Suite
11-500
Chicago, Illinois
60601
RE:
Administrative
Citation
Landers’
IEPA Site
Children
CodeNo.
Family,1678005010
LLC
0
Inspection
Date: January
8, 2009
Dear
Clerk
Gunn:
Enclosed for
filing with
the
Illinois Pollution
Control Board,
please find
the original and
nine
true
and colTect copies
of the Administrative
Citation
Package, consisting
of the Administrative
Citation,
the inspector’s affidavit,
inspection
report and
a remittance form, issued
to the above-
referenced
Respondent.
On this date, a copy
of the
Administrative
Citation
Package
was given
to an inspector
from the
IEPA’s Springfield
Regional
Office
to be delivered
to the Respondent
via
hand
delivery. As
soon
as I receive the affidavit
of service,
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
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
217/753-6690.
Scott B. Kains
Assistant
State’s
Attorney
Enclosures
PRINTED
ON RECYCLED
PAPER
I:IE
2
5
2Otjg
NOTICE
OF FILING
TO:
Landers’
Children Family,
LLC
Jennifer
R.
Chance,
Registered Agent
5000
Dickey John Road
Auburn, Illinois 62615-9531
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
instruments entitled
ADMINISTRATIVE
CITATION,
REMITTANCE FORM, AFFIDAVIT, and OPEN DUMP
INSPECTION CHECKLIST.
Respectfully submitted,
JOHN SCHMIDT
STATE’S ATTORNEY FOR
SANG
ON COUNTY
BY:
Scott B. Kains
Assistant State’s Attorney
Room
402
200
South Ninth
Street
Springfield, Illinois
62701
(217) 753-6690
Scott B. Kains
Assistant State’s
Attorney
COUNTY
OF
SANGAMON,
Complainant,
V.
LANDERS’
CHILDREN FAMILY,
LLC,
Respondent.
BEFORE
THE
ILLiNOIS
POLLUTION
CONTROL
BOARD
)
POJIL,tjon
fl’iIt
)
AC______________
)
)
)
)
THIS FILING SUBMITTED
ON
RECYCLED PAPER
CLERK’S
OFFICE
FEB
252009
PROOF
OF SERVICE
STATE
OF
IWNOIS
Pollution
Control
Board
The
undersigned
hereby
certifies
that
an original
and
nine
(9)
copies
of the
foregoing
document
were served
by placing
same
in a
sealed
envelope
addressed
to:
The Honorable
Dorothy M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
100 West Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
by depositing
in
the
United
States Mail,
certified
mail,
postage
fully
prep aid on
January
23, 2009.
(4”
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
QPFICP
MSTTWE
CITATION
2
3q
STATE
OF
ILLINOIS
COUNTY
OF SANGAMON,
)
POllUtion
Control
Board
)
Complainant,
)
v.
)
AC________
)
LANDERS’
CHILDREN
FAMILY,
LLC,
)
)
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
Enviromnental
Protection
Act,
415 ILCS
5/3 1.1
(2006)
and
delegated
to
the County
of
Sangamon
pursuant
to
Section
4(
r)
of
the
Act,
415
ILCS 5/4(r)
(2006).
FACTS
1.
That
Landers’
Children
Family,
LLC (“Respondent”) is
the present
owner
and/or
operator
of
a
parcel
of land
located
on the
west
side
of
Bab Road
northeast
of Auburn,
Sangamon
County,
Illinois.
The
address
is
13487
Bab
Road,
Auburn,
Illinois
62615.
The property
is
commonly
known
to the Illinois
Environmental Protection
Agency
and the
County
of Sangamon
as AubumlLanders’
Children
Family,
LLC.
2.
That
said facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is
designated
with
Site
Code
No.
1678005010.
3.
That
Respondent
has
owned
and/or
operated
said
facility
at
all times
pertinent
hereto.
THIS
FILING
SUBMITTED
ON RECYCLED PAPER
4.
That
on
January
8,
2009,
Paul
Eisenbrandt
of
the Illinois
Environmental
Protection
Agency’s
Springfield
Regional
Office
inspected
the
above-described
facility.
A copy
of the
inspection
report
setting
forth
the
results
of
said
inspection
is
attached
hereto
and
made
a
part
hereof.
VIOLATIONS
Based
upon
direction
observations
made
by Paul
Eisenbrandt
during
the course
of
his
January
8, 2009
inspection
of
the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
and
the
County
of
Sangamon
have
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)(l)
of
the
Act,
415
ILCS
5/2l(p)(l)
(2006);
(2)
That
Respondent
caused
or
allowed
the
open
burning
of
waste,
a
violation
of
Section
2l(p)(3)
of
the Act,
415
ILCS
5121(p)(3)
(2006);
and
(3)
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
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),
Respondent
is
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
Four
Thousand
Five
Hundred Dollars
($4,500.00).
If
-2-
Respondent
elects
not
to
petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be due
and
payable
no
later than
April
9,
2009
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
5/3
1.1 (2006),
and
if the Illinois
Pollution
Control
Board
issues
a finding
of
violation
as
alleged
herein,
after
an
adjudicatory
hearing,
Respondent
shall
be
assessed
the associated
hearing
costs
incuned
by the
County
of
Sangamon
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.l(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
Sangamon
County
Department
of Public
Health
and
mailed
to
the attention
of
James
D.
Stone,
Director
of
the
Sangamon
County
Department
of Public
Health,
2501
North
Dirksen
Parkway,
Springfield,
Illinois
62702.
Along
with
payment,
Respondent
shall
complete
and return
the enclosed
Remittance
Form
to ensure
proper
documentation
of
payment.
-3-
If any
civil
penalty
and/or
hearing
costs are
not paid
within
the
time
prescribed
by
the
order
of
the Illinois
Pollution
Control
Board,
interest
on
said
penalty
and/or
hearing
costs
shall
be
assessed
against
Respondent
from the
date
payment
is
due up
to
and
including
the
date
that
payment
is received.
The
State’s
Attorney
for
Sangamon
County
may
be requested
to initiate
proceedings
against
Respondent
in
Circuit
Court
to collect
said penalty
and/or
hearing
costs,
plus
any
interest
accrued.
In addition
to
the
previously
assessed
civil penalty
and/or
hearing
costs
and/or
interest,
the State’s
Attorney
for
Sangamon
County
will
seek
to recover
the costs
of
litigation.
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
Petition
for
Review
with
the
Clerk
of the
Illinois
Pollution
Control
Board,
100 West
Randolph
Street,
Suite
11-500,
Chicago,
Illinois
60601.
A
copy
of said
Petition
for Review
shall
be
filed
with
the Sangamon
County
State’s
Attorney,
Attention:
Scott
B. Kains,
200
South
Ninth
Street,
Room
402,
Springfield,
Illinois
62701.
Section
31.1
of
the
Act,
415
ILCS 5/31.1
(2006),
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
Respondent.
-4-
Respectfully
submitted,
JOHN
SCHMIDT
STATE’S
ATTORNEY
FOR
SANGAMON
COUNTY
BY___
Scott B.
Kains
Assistant
State’s
Attorney
Scott B. Kains
Assistant
State’s
Attorney
Room 402
200
South
Ninth
Street
Springfield,
Illinois
62701
(217)
753-6690
-5-
REMITTANCE
FORM
J
21309
COUNTY
OF
SANGAMON,
)
)
Complainant,
)
v.
)
AC________
)
LANDERS’
CHILDREN
FAMILY,
LLC
)
)
Respondent.
)
FACILITY:
AuburnlLanders’
Children
Family,
LLC
LPC
SITE
CODE:
1678005010
COUNTY:
Sangamon
DATE
OF
INSPECTION:
January
8, 2009
CIVIL
PENALTY:
$4,500.00
DATE
REMITTED:
SOCIAL
SECURITY
NO.
or FEIN:
SIGNATURE:
Please
enter
the
date of
your
remittance,
your
Social
Security
Number
or Federal
Employers
Identification
Number,
and
sign
this
Remittance
Form.
Be
sure
your check
is
enclosed
and
mail,
along
with
this
Remittance
Form,
to Sangarnon
County
Department
of Public
Health,
James
D.
Stone,
Director,
2501
North
Dirksen
Parkway,
Springfield,
Illinois
62702.
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENECEVED
CLERK’s
OFFICE
AFFIDAVIT
FEB
252009
IN THE MATTER
OF:
)
STATE
OF
LUNQJS
PoNuton
Control
Board
Illinois Environmental
)
Protection Agency
)
)
vs.
)
IEPA DOCKET NO.
)
Landers’ Children
Family, LLC
)
C/O Jennifer R. Chance
)
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 January 8,
2009
between 1:37 PM and 2:44 PM, Affiant conducted
an inspection
of a disposal site operated without an Illinois Environmental Protection Agency
permit,
located in Sangamon County, Illinois, and known as Auburn/Landers’
Children
Family,
LLC by the Illinois Environmental Protection Agency. Said site
has been assigned site
code
number LPC# 1678005010
by
the Illinois Environmental Protection Agency.
3.
Affiant inspected said Auburn/Landers’ Children Family, LLC 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
AuburnlLanders’ Children Family, LLC open
dump.
Subscribed and Sworn To before me
This
c/day
of
9
Notary
Public
ILLINOIS
ENVIRONMENTAL
C
ERK’S
OFFft
Open
Dump
Inspection Checklis
FEB
2
2009
County:
Sangamon
LPC#:
q1
l9rjijjjfrJpringfield
Location/Site
Name:
Auburn
I
Landers’ Children
Family, LLC
Pollution
Control
boara
Date:
01.08.2009
Time: From
1:37
PM
To 2:44
PM
Previous Inspection
Date:
07.01.2008
Inspector(s):
Paul Eisenbrandt
Weather:
—32°F &
Sunny
No.
of Photos Taken:
#
25
Est. Amt. of Waste:
80
yds3
Samples Taken:
Yes
#
X
No
Interviewed:
No
One
Complaint#:
C-09-
013-C
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
1678005010
Landers’
Children
Family, LLC
Jennifer
Chance
C/O
Jennifer R. Chance
200
South
7
th
Stre
5000
Dickey John
Road
1222 West
JeffersMECIVED
Auburn, IL 62615-9531
214 South
7
th
Street
2
2
217/438-3202
Auburn,
1L62615
!r:
SECTION
DESCRIPTION
VIO
ILLINOIS ENVIRONMENTAL
PROTECTION ACT
REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR
ALLOW
AIR POLLUTION IN
ILLINOIS
X
2
9(c)
CAUSE
OR ALLOW
OPEN BURNING
X
3.
12(a)
CAUSE, THREATEN
OR
ALLOW WATER POLLUTION
IN ILLINOIS
4.
12(d)
CREATE
A WATER
POLLUTION HAZARD
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
(2)
In
Violation of Any
Regulations or Standards
Adopted by the
Board
DISPOSE,
TREAT, STORE, OR ABANDON
ANY
WASTE, OR TRANSPORT
ANY WASTE
INTO THE
STATE ATITO
SITES NOT MEETING
REQUIREMENTS
OF ACT
AND
7
21(e)
REGULATIONS
CAUSE
OR ALLOW THE OPEN
DUMPING OF
ANY WASTE IN A
MANNER WHICH
RESULTS
IN
ANY OF THE FOLLOWING
OCCURRENCES
AT THE DUMP
SITE:
8.
21(p)
(1)
Litter
X
(2)
Scavenging
(3)
Open Burning
X
(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
#16780050 10
Inspection
Date: January 8, 2009
Deposition of General Construction or Demolition Debris; or Clean Construction
or
x
(7)
Demolition Debris
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
Resolved
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
X
ACCEPTANCE OF SPECIAL WASTE FROM
A
WASTE
TRANSPORTER
WITHOUT
A
WASTE
HAULING PERMIT, UNIFORM
WASTE PROGRAM REGISTRATION
AND
13.
809.302(a)
PERMIT AND/OR MANIFEST
OTHER
REQUIREMENTS
APPARENT VIOLATION OF:
(
)
PCB;
( )
CIRCUIT COURT
14.
CASE_NUMBER:
ORDER_ENTERED_ON:
Informational Notes
1.
[Illinois]
Environmental Protection Act: 415
ILCS 5/4.
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
06/18/2001
(Open Dump - 2)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
MEMORANDUM
DATE:
January 12, 2009
TO:
DLPC
/
Division
File
FROM:
Paul
Eisenbrandt, DLPC/FOS
Springfield
Region
SUBJECT:
LPC#1678005010—SangamonCounty
J
Auburn
/
Landers’
Children Family, LLC.
C-09-013-C
FOS
File
INSPECTION
DATE: January
8,
2009
The purpose
of this memorandum
is
to
serve
as
the Narrative Inspection
Report Document
of a
January
8,
2009
complaint investigation
of the above referenced
site. An
anonymous
complaint
alleged
open dumped trash, demolition
debris,
and
miscellaneous
waste were
being
disposed of
at the site. This is the
second
site
inspection and it took
place
from about
1:37 pm
to
2:44
pm,
and twenty-five
(25) digital
photographs were
taken. The weather was
sunny and
approximately
32°F.
No one was interviewed
during
the inspection.
When the
inspector
drove
into the drive he
noticed the
modular
home, the metal
canopy garage-
like
structure,
and the long thin shed,
have
been
removed from the
property. After
exiting the
vehicle
and taking a
closer look more
waste was observed than
initially documented
in
July
2008.
With
the vegetation down
for
the winter,
addition
waste
was
apparent.
The inspector had
estimated the amount
of
waste
initially
at
20
cubic yards.
However,
as a
result of this second
inspection,
it
was
determined
that approximately
70-80 cubic
yards of wastes were
observed.
Photograph
001 is a street
elevation view
showing
the mobile home
has been
removed from the
property.
The wooden
stair platform
and deck from the
north side of
the home were still onsite.
Photograph 002
is a view showing the
footprint of
the modular home
site. Electric feeder
lines,
metal tie
down straps,
black plastic pipe, concrete
and cinder
blocks,
aluminum
skirting,
cardboard, and
miscellaneous
debris
was observed
around the home
footprint.
This
waste was
not
observed
during
the first inspection
as an inhabitable
home was still
onsite. In the
photograph
a
second set of
wooden stairs can
been seen.
Photograph
003 shows
the
area
from where the
metal
canopy
was removed.
It appears most of
the
items originally
seen in the garage-like
structure have
been moved.
However,
cinder
block,
concrete
block, cut
up
pieces
of wood furniture,
weathered
landscaping
timbers,
an
old bleached
basketball,
a rag rug, a
blanket, grey
closed-cell Styrofoam
and
dimensional
lumber
(attached to
form a
primitive
slide-like object),
and other miscellaneous
debris were
observed.
In
the tall
vegetation
in the
background of the
photograph,
a
black
truck topper
can be
seen.
Photograph
004 shows a yellow
metal gallon gasoline
can that
was
observed
on its
side.
The can
contained at
least
1/4
gallon of strong
gasoline like smelling
liquid.
The
inspector
adjusted the
n2aI
1
can so no
additional
fluid would be
released
to the
environment. A metal
strap
tie
down,
the
electric feeder lines,
and miscellaneous
waste
can also be seen
in the photograph.
Photograph
005
shows five used
truck tires observed
in the trees north on
the modular
home
footprint. All of
the waste tires were
off-rim and three were
partially buried upright.
Photograph 006 shows
rotting dimensional
lumber, a weather brown
pet
carrier, landscape
timbers,
scraps
of
carpet, pieces
of wood paneling,
and miscellaneous debris
that
were
observed
in the
trees in the northeast
corner
of the
property. The tires
described in Photograph
005 can
also be seen
in Photograph 006.
Photograph 007
shows an alternate view
of the black
truck topper described
in
Photograph
003.
Cinder block,
small scraps of processed
lumber,
railroad ties, and miscellaneous
waste
were
scattered
throughout this graveled
area. A
grey garbage can with
a skin to a
trampoline
were
also
observed nearby.
During the previous
inspection
on July 1, 2008 a
large
debris
pile
of
weathered waste
was
observed
roughly
near
this
location. A dresser,
paneling, beige
vinyl
siding,
particle board
shelving, cinder block,
a yellow
bathtub, a rusty
wheel rim with
tire
beads,
waste pipe,
carpet, children
toys, and charred
lumber were among
the
weathered
wastes
that
have
been removed
from the property.
Photograph
008
shows
an empty yellow
and brown shed
that was
observed
with
its
doors open.
The burn
barrel, a stack of weathered
lumber,
a
broken
small animal
coop, and
miscellaneous
debris
previously observed
were still on
the ground near the
empty shed.
Photograph
009
shows plywood,
broken
glass,
and charred lumber
are still in
the makeshift
burn
barrel. No waste
from around this area
has
been cleaned
up.
Photograph
010 shows a used tire
with a tree growing
through it illustrating
the
waste
tire
had
been
dumped
many
years earlier.
Photograph
011 shows woody vegetation
covering
a loose stack
of
railroad
ties.
A
rusty dog
house made from scrap
metal was observed
upside down.
Fragmented white
plastic
debris
was
also
observed in
the weeds.
Photograph 012 shows
fiberglass panels, rotting
pallets,
black
plastic drain
pipe, steel sheeting,
rotting dimensional
lumber, fiberglass
insulation,
a black plastic
utility tub,
and
rotting debris
were still observed
in the northern tree
line.
Photograph 013 shows
five waste tires
(two on-rim) that
were
observed
in the northern
tree line,
just
east
of an
opening
in the
weeds. These used tires
were observed
during
the
July 2008
inspection.
Photograph
014 shows
several
bundles of rusty wire
fencing observed
to the
west of a path
in the
northern
tree line.
Photograph
015 show
two off-rim used truck
tires that
were
observed near the
bundles of
rusty
wire
fencing.
page
2
Photograph
016 shows rusty corrugated
sheet
metal and green fiberglass panels that
were
observed along
the northern tree line further west of the path opening.
Photograph
017 shows an old rusty livestock feeder, a rusty
metal frame
to a bed
or an old car
seat,
and
a green John Deere mailbox observed in the tall weeds.
Photograph 018 shows
a
stack of wood split rail fencing that can be
seen in the foreground of the
photograph.
In the background additional sheets of corrugated
sheet metal were also observed.
Photograph 019
shows a
primitive building constructed of corrugated sheet
metal, wooden
pallets, and scrap lumber, which appears more dilapidated than when
it
was observed
during the
July 2008 inspection. The building is still surrounded by weeds
approximately four
to
five feet
high.
Photograph 020 shows
a
large debris pile containing
wire fencing,
scraps of corrugated
sheet
metal, rusty scrap metal, rotting processed
lumber, plastic plumbing pipe, charred wood,
and
debris was
newly observed. This debris pile was covered with
thick vegetation during the
previous inspection. The debris pile is
approximately four feet high and fifteen feet
across.
Photograph 021 shows the old wooden shed with
debris spilling
out
of it appears as
it did
during
the last inspection. A recliner, a
wooden frame,
a
torn mattress, a box spring,
and six
used
tires
were again observed.
Photograph 022 shows additional waste was discovered southeast
of the old wooden shed. The
large debris pile in the background is also seen in
Photograph 020.
Photograph 023 shows more waste was discovered
against the southern side of the
old green
shed.
Corrugated sheet metal, scrap steel, rotten lumber, PVC pipe,
cyclone fencing, concrete
block, aluminum scrap, gravel and dirt laden with
small debris, and slate-like tile was observed.
The debris pile was
approximately five feet high and greater than ten feet
across.
Photograph
024 shows
a
close
up
of the slate like tile that
contains asbestos
materials.
Photograph
025 shows samples of the slate like
material were collected
for laboratory
examination.
Along
the western
fence line,
a
stack of rusty metal was observed,
possibly pieces to a
livestock
corral.
An
Administrative Citation Warning
Notice
was
issued to Jennifer
Chance on August 7,
2008,
the
registered agent for the land
owner, Landers’ Children Family,
LLC, which is
responsible for
the
wastes
open dumped on their property.
Any
debris and
unusable
wastes
located outside of the
sheds must be
cleaned
up.
Scrap
metal
not
disposed at a
landfill can
be
taken to a
scrap metal facility or
recycling
center.
All
the
remaining useable
materials should be organized
in
a
manner that
depicts a
useable
storage
area
rather than an open
dump.
On January 9,
2009 the inspector met
with the Illinois EPA BOA asbestos investigator. After
examining
the
aforementioned samples they were bagged
again and sent of to a contract
laboratory
to
determine if the
samples contained asbestos containing material (ACM). On
January 15, 009 the
Springfield Field Office received the laboratory
results
from Mr.
Alan
Grimmett, BOA
asbestos inspector. The TEM Incorporated
laboratory results indicate
two (2) of
the four
(4) samples were ACM positive for 5 to 10% chrysotile fibers. A copy of the results are
attached to this
narrative.
The apparent violations
observed
as a
result of this inspection are indicated on the attached
Open
Dump
Inspection Checklist. A site sketch, digital photographs, and an
Illinois
Secretary of State
Corporation File Detail
Report
for Landers’ Children Family, LLC accompany this narrative.
cc:
DLPC/FOS Springfield
Region
SCDPH, Allen
Alexander
page 4
Illinois
Environmental
Protection
Agency
Bureau
of Land
ite
etc
LPC
#1678005010—Sangamon
Auburn
I
Landers’
January
8,
2009
—--I
——
—
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——1
L
tt
.
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•
a
a
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Photograph
File
Names:
167800501
0-01082009-[Exp.
#J.jpg
elevation
view
showing
the
mobile
home
has
been
moved
off
the
property.
The
wood
deck
and
wooden
stair
platform
from
the
north
side
of
the
home
were
still
onsite.
Date:
January
8,
2009
Time:
1:42
PM
Direction:
SE
Photo
by:
Eisenbrandt
Exposure
#:
002
Comments:
View
showing
the
footprint
of
the
modular
home
site.
Electric
feeder
lines,
metal
tie
downs,
black
plastic
pipe,
concrete
and
cinder
blocks,
white
PVC
pipe,
wooden
stair
platforms,
aluminum
skirting,
cardboard,
and
miscellaneous
debris
were
observed
around
the
home
footprint.
File
Name:
1678005010-01
082009.doc
Page
1
of
13
Photograph
File
Names:
167800501
O-01082009-[Exp.
#].jpg
the
metal
canopy
was
removed
from.
Cinder
block,
concrete
block,
cut
up
pieces
of
wood
furniture,
weathered
landscape
timbers,
an
old
basket
ball,
a
rag
rug,
grey
closed
cell
Styrofoam
and
dimensional
lumber,
a
blanket,
and
miscellaneous
debris
were
observed.
In
the
tall
vegetation
ablack
truck
topper
can
be
seen.
Date:
January
8,
2009
Time:
1:46
PM
Direction:
E
Photo
by:
Eisenbrandt
Exposure
#:
004
Comments:
A
yellow
metal
gallon
gasoline
can
wasobserved
on
its
side.
The
cancontained
at
least
¼
gallon
of
strong
gasoline
like
smelling
liquid.
The
inspector
adjustedthe
can
so
no
additional
fluid
would
be
released
to
the
environment.
File
Name:
1678005010’-01082009.doc
Page2of
13
truck
tires
were
observed
in
the
trees.
All
were
without
rims
and
three
were
partially
buried
upright.
Date:
January
8,
2009
Time:
1:51
PM
Direction:
SE
Photo
by:
Eisenbrandt
Exposure
#:
006
Comments:
Rotting
dimensional
lumber,
a
weathered
brown
pet
carrier,
landscape
timbers,
scraps
of
carpet,
pieces
of
wood
paneling,
and
miscellaneous
debris
were
also
observed
in
the
trees
in
the
northeast
corner
of
the
property.
Photograph
File
Names:1678005010-01082009-[Exp.
#].jpg
File
Name:
1678005010-01082009.doc
Page
3
of
13
of
the
black
truck
topper
described
in
Photograph
003.
Cinder
block,
small
scraps
of
processed
lumber,
railroadties,
and
miscellaneous
waste
were
scattered
throughout
this
graveled
area.
A
grey
garbage
can
with
a
skin
to
a
trampoline
were
also
observed
nearby.
Date:
January
8,
2009
Time:
1:57
PM
Direction:
SW
Photo
by:
Eisenbrandt
Exposure
#:
008
Comments:
The
yellow
shed
is
now
empty.
The
burn
barrel,
a
stack
of
weathered
lumber,
a
broken
small
animal
coop,
and
miscellaneous
debris
previously
observed
were
still
on
the
ground
near
the
shed.
File
Name:
1678005010—01082009.doc
Photograph
File
Names:
1678005010—01082009-[Exp.
#J.jpg
Page4ofl3
broken
glass,
and
charred
lumber
are
still
in
the
makeshift
burn
barrel.
Date:
January
8,
2009
Time:
1:59
PM
Direction:
W
Photo
by:
Eisenbrandt
Exposure#:
010
Comments:
A
used
tire
with
a
tree
growing
through
it
illustrates
the
waste
tire
had
been
dumped
years
earlier.
Photograph
File
Names:
1678005010—01082009-[Exp.
#].jpg
File
Name:
1678005010-01082009.doc
Page
5
of
13
vegetation
covers
a
loose
stack
of
railroad
ties.
A
rustydog
house
made
from
scrap
metal
wasobserved
upside
down.
Fragmented
white
plastic
debris
was
also
observed
in
the
weeds.
Date:
January
8,
2009
Time:
2:03
PM
Direction:
NW
Photo
by:
Eisenbrandt
Exposure
#:
012
Comments:
Fiberglass
panels,
rotting
pallets,
black
plastic
drain
pipe,
steel
sheeting,
rotting
dimensional
lumber,
fiberglass
insulation,
a
black
plastic
utility
tub,
and
rotting
debris
were
still
observed
in
the
northern
tree
line.
Photograph
File
Names:
1678005010—01
082009-[Exp.
#].jpg
File
Name:
1678005010—01
082009.doc
Page6ofl3
northern
tree
line,
just
east
of
an
opening,
five
waste
tires
(two
on-rim)
were
observed.
These
tires
were
observed
during
the
July
2008
inspection.
Date:
January
8,
2009
Time:
2:06
PM
Direction:
SW
Photo
by:
Eisenbrandt
Exposure
#:
014
Comments:
Several
bundles
of
rusty
wire
fencing
were
observed
to
the
west
of
the
path
in
the
northern
tree
line.
Photograph
File
Names:
1678005010-01
082009-[Exp.
#J.jpg
File
Name:
1678005010—01
082009.doc
Page
7
of
13
Photograph
File
Names:
1678OO5O1O-O1O82OO9-[Exp.
#].jpg
Comments:
Two
off-rim
used
trucktires
were
observednear
the
rusty
wire
fencing.
Date:
January
8,
2009
Time:
2:08
PM
Direction:
NW
Photo
by:
Eisenbrandt
Exposure
#:
016
Comments:
Rusty
corrugated
sheet
metal
and
green
fiberglass
panels
were
observed
along
the
northern
tree
line.
File
Name:
1678005010-01082009.doc
Page
8
of
13
Comments:
A
livestock
feeder,
a
rusty
metal
frame
to
a
bed
or
an
old
car
seat,
and
a
green
John
Deere
mailbox
were
observed
in
the
weeds.
Date:
January
8,
2009
Time:
2:10
PM
Direction:
N
Photo
by:
Eisenbrandt
Exposure
#:
018
Comments:
A
stack
of
wood
spilt
rail
fencing
can
be
seen
in
the
foreground
of
the
photograph.
In
the
background
additional
sheets
of
corrugated
sheet
metal
were
observed.
Photograph
File
Names:
1678005010—01
082009-[Exp.
#].jpg
File
Name:
1678005010—01082009.doc
Page
9
of
13
Photograph
File
Names:
1678005010-01082009-[Exp.
#].jpg
building
constructed
of
corrugated
sheet
metal,
wooden
pallets,
and
scrap
lumber
appears
more
dilapidatedthan
when
it
was
observed
during
the
July
2008
inspection.
Date:
January
8,
2009
Time:
2:12
PM
Direction:
S
Photo
by:
Eisenbrandt
Exposure
#:
020
Comments:
A
large
debris
pile
containing
wire
fencing,
scraps
of
corrugated
sheet
metal,
rusty
scrap
metal,
rotting
processed
lumber,
plastic
plumbing
pipe,
charred
wood,
and
debris
was
newly
observed.
This
debris
pile
was
covered
with
thick
vegetation
during
the
previous
inspection.
File
Name:
1678005010-01082009.doc
Page
10
of
13
wooden
shed
with
debris
spilling
out
of
it
appears
as
it
did
during
the
last
inspection.
A
recliner,
a
wooden
frame,
a
torn
mattress,
a
box
spring,
and
six
used
tires
were
again
observed.
Date:
January
8,
2009
Time:
2:16
PM
Direction:
NE
Photo
by:
Eisenbrandt
Exposure
#:
022
Comments:
Additional
waste
was
discovered
southeast
of
the
wooden
shed.
The
large
debris
pile
in
the
background
is
also
seen
in
Photograph
020.
File
Name:
1678005010-01082009.doc
Photograph
File
Names:
167800501
0—01082009-[Exp.
#].jpg
Page
11
ofl3
Photograph
File
Names:
1678005010—01082009-(Exp.
#].jpg
Comments:
Against
the
southern
side
of
the
green
wooden
shed
more
waste
was
discovered.
Corrugated
sheet
metal,
scrap
steel,
rotten
lumber,
PVC
pipe,
cyclone
fencing,
concrete
block,
aluminum
scrap,
gravel
and
dirt
laden
with
small
debris,
and
slate
like
tile
were
observed.
Date:
January
8,
2009
Time:
2:18
PM
Direction:
N
Photo
by:
Eisenbrandt
Exposure
#:
024
Comments:
Close
up
of
the
slate
like
tile
that
contains
asbestos
materials.
File
Name:
1678005010—01082009.doc
Page
12
of
13
Photograph
File
Names:
1678005010—01082009-[Exp.
#].jpg
the
slate
like
material
were
collected
for
laboratory
examination.
File
Name:
1678OO5O1O-O1O82OO9.doc
Page
13
of
13
LLC
FILE
DETAIL
REPORT
CONTACT
Entity
Name
LANDERS
CHILDREN
File
Number
01355457
FAMILY
LLC
Status
ACTIVE
On
10/31/2008
Entity
Type
LLC
Type
of
LLC
Domestic
File
Date
11/30/2004
Jurisdiction
Agent
Name
jJENN1FERR.
CHANCE
Agent
Change
Date
11/30/2004
Agent
Street
200
S
7TH
ST
Principal
Office
]
1222
W
JACKSON
Address
AUBURN
62615
Agent
City
AUBURN
Management
Type
MGR
View
Agent
Zip
625
L
Duraon
[PERPETUAL
AnnualReport
10/31/2008
For
Year
2008
Filing
Date
Series
Name
NOT
AUTHORIZED
TO
ESTABLISH
SERIES
Return
to
the
Search
Screen
I
Purchase
Certificate
of
Good
Standing
I
(One
Certificate
per
Transaction)
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1/16/2009
Name
LANDERS
CHILDREN
FAMILY
LLC
File
Number
Address
01355457
CHANCE,
JENNIFER
R.
214
S7TH,
AUBURN,
IL
-
62615
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