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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC tln -5 o
v.
)
(IEPA No. 98-06-AC)
MARLA LEWIS GATES, MARK GATES
)
& MARK KINSLEY LEWIS,
)
Respondents
.
)
NOTICE OF FILING
To:
Marla Lewis Gates
Mark Kingsley Lewis
323 Decatur Street
323 Decatur Street
Lincoln, Illinois 62656
Lincoln, Illinois 62656
Mark Gates
323 Decatur Street
Lincoln, Illinois 62656
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
.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : May 30, 2006
J A
Michel e M
. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V .
)
(IEPA No
. 98-06-AC)
MARLA LEWIS GATES, MARK GATES &
)
MARK KINGSLEY LEWIS,
)
Respondents
.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31
.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31 .1 (2004) .
FACTS
1 .
That Maria Lewis Gates and Mark Kingsley Lewis are the present owners and Mark
Gates is the operator (collectively "Respondents") of a facility that is part of the W 1/2 of the SW
1/4 of Section 8 in Township 21 North and Range 2 West of the 3rd Principal Meridian in Logan
County, Illinois
. The property is commonly known to the Illinois Environmental Protection
Agency as Lincoln/Lewis.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1078075001
.
3.
That Respondents have owned/operated said facility at all times pertinent hereto
.
4.
That on April 26, 2006, Michelle Cozadd of the Illinois Environmental Protection
Agency's Springfield Regional Office inspected the above-described facility
. A copy of her
1
 
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof .
VIOLATIONS
Based upon direct observations made by Michelle Cozadd during the course of her April 26,
2006 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondents have violated the Illinois Environmental Protection Act (hereinafter,
the "Act") as follows
:
(1)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)
(2004).
(2)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in deposition of general construction or demolition debris or clean
construction or demolition debris, a violation of Section 21(p)(7) of the Act, 415 ILCS
5/21(p)(7) (2004).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), Respondents are
subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500
.00) for each of the
violations identified above, for a total of
Three Thousand Dollars ($3,000 .00).
If Respondents elect
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than June 25, 2006,
unless otherwise provided by order of the Illinois
Pollution Control Board .
If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31
.1 of the Act, 415 ILCS 5/31
.1 (2004), and if the Illinois
2
 
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board
. Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1,500
.00) statutory civil penalty for each
violation .
Pursuant to Section 31 .1 (d)(1)
of the Act, 415 ILCS 5/31
.1 (d)(1) (2004), if Respondents fail
to petition or elect not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
adopt a final order, which shall include this Administrative Citation and findings of violation
as
alleged herein, and shall impose the statutory civil penalty specified above
.
When payment is made, Respondents' check shall be made payable to the
Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal
Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P
.O. Box 19276, Springfield,
Illinois 62794-9276
. Along with payment, Respondents shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment
.
If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondents from the date payment is due up to and including the date that payment is
received
. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued .
3
 
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents have the right to contest this Administrative Citation pursuant to and in
accordance with Section 31
.1 of the Act, 415 ILCS 5/31/1 (2004)
. If Respondents elect to contest
this Administrative Citation, then Respondents shall file a 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 .
P. sc.:I+
Douglas P. cott, Director
Illinois Environmental Protectio Agency
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
Date:
5130(C)o
 
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V .
)
(IEPA No . 98-06-AC)
MARLA LEWIS GATES, MARK GATES & )
MARK KINGSLEY LEWIS,
)
Respondents .
)
FACILITY :
Lincoln/Lewis
SITE CODE NO .:
1078075001
COUNTY
:
Logan
CIVIL PENALTY :
$3,000.00
DATE OF INSPECTION :
April 26, 2006
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
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant
)
vs.
)
IEPA DOCKET NO .
MARLA LEWIS GATES, MARK GATES )
& MARK KINGSLEY LEWIS,
)
Respondents
)
Affiant, Michelle E . Cozadd, being first duly sworn, voluntarily deposes and states as follows :
1 .
Affiant is a field inspector employed by the Division of Land Pollution Control of the
Illinois Environmental Protection Agency and has been so employed at all times pertinent
hereto.
2 .
On April 26, 2006, between 11 :40 AM and 12 :00 PM, Affiant conducted an inspection of
a disposal site operated without an Illinois Environmental Protection Agency permit,
located in Logan County, Illinois, and known as Lincoln/Lewis by the Illinois
Environmental Protection Agency. Said site has been assigned site code number LPC
#1078075001 by the Illinois Environmental Protection Agency .
3.
Affant inspected said Lincoln/Lewis open dump site by an on-site inspection that
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 Lincoln/Lewis open dump
.
Z?y2
Michelle
~,
E.
C
Cozad
Subscribed and Sworn To before me
This
/4 day of
>92t y~,, _~ oo 6
Ll/-dAE'
, aseuea_
:
a
:
.
.L
?003OIS
41
 
Revised 06/18/2001
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
(Open Dump -
1)
SECTION
DESCRIPTION
VIO
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1 .
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4. 12(d)
CREATE A WATER POLLUTION HAZARD
5. 21(a)
CAUSE OR ALLOW OPEN DUMPING
X
6. 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL OPERATION
:
(1)
Without a Permit
x
(2)
In Violation of Any Regulations or Standards Adopted by the Board
X
7. 21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY WASTE
INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT AND
REGULATIONS
X
8 21 (p)
CAUSE OR ALLOW
THE OPEN DUMPING OF ANY WASTE IN A
MANNER WHICH RESULTS IN
ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE
:
(1)
Litter
x
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
County :
Logan
LPC# :
1078075001
Region : 5 - Springfield
Location/Site Name :
Lincoln/Lewis
Date:
04.26.06
Time : From 11 :40 am To 12:00
pm Previous Inspection Date: 05.24.05
Inspector(s) :
Michelle Cozadd
Weather
: 45°F and sunny
No. of Photos Taken
: # 16
Est. Amt. of Waste : 100
yds3
Samples Taken : Yes #
No
X
Interviewed :
Complaint # : C-03-030-C & C-06-115-C
Responsible Party
Mailing Address(es)
and Phone
Number(s) :
Mark Gates
323 Decatur Street
Lincoln, IL 62656
Marla Lewis Gates &
Mark Kingsley Lewis
323 Decatur Street
Lincoln, IL 62656
 
LPC #1078075001
Inspection Date
: April 26, 2006
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)
(7)
Deposition of General Construction or Demolition Debris
; or Clean Construction or
Demolition Debris
x
9. 55(a)
NO PERSON
SHALL :
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
x
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10. 812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
x
11 . 722.111 HAZARDOUS WASTE DETERMINATION
12. 808 .121
SPECIAL WASTE DETERMINATION
13. 809 .302(a)
ACCEPTANCE OF SPECIAL WASTE FROM
A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF
: ( ) PCB; ( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON
:
15. OTHER :
 
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM
DATE:
May 3, 2006
TO:
DLPC/Division File
FROM :
Michelle Cozadd, DLPC/FOS Springfield Region
SUBJECT : LPC #1078075001
- Logan County
Lincoln/Lewis
FOS File
On April 26, 2006, I conducted a follow-up inspection at the above referenced site from about
11 :40 am to 12 :00 pin
. Sixteen digital photographs were taken and the weather conditions were
sunny with an air temperature of approximately 45
°F
. No one was interviewed at the time of the
inspection
. No one lives at this property so all the wastes observed appear to have been brought
in from off site.
The attached quit claim deed indicates that the property owners are Marla Lewis Gates and Mark
Kingsley Lewis (her son) . Mr
. Mark Gates (Marla's husband) is the responsible party that has
submitted correspondence to the Agency and been interviewed at the site during previous
inspections.
A previous inspection was conducted on May 24, 2005
. The only changes to the site since the
last inspection were the removal of one of the three abandoned mobile homes, one vehicle, and
some scrap metal.
The area near the entrance to the property was inspected first
. The attached photo #001 shows a
mobile home, a rusted yellow metal box and a pile of siding located on the south side of the
driveway near the entrance
. The attached photo #005 shows two piles of rock in front of the
mobile home
. The piles of telephone poles and bricks east of the mobile home are shown in the
in the attached photo #004
. The bricks were stacked neatly on a wood pallet
. The attached photo
#006 shows a pile of telephone poles and damaged dimensional lumber on the west side of the
mobile home
. This area had not changed since the last inspection
.
Two other piles were observed on the north side of the driveway
. The first pile of corrugated
metal siding and a metal table are illustrated in the attached photo #002
. The attached photo
#003 shows a red wagon, vinyl siding and a metal toolbox
. The siding was covered by tarps and
weighted with dimensional lumber
. These two piles also remain unchanged since the last
inspection.
The area near the garage was inspected next
. A second abandoned mobile home is located along
the driveway just south of the garage as shown in the attached photo #007
. Although Illinois
does not consider mobile homes to be motor vehicles, they are "vehicles" as defined in Section 1-
page 1
 
217 of the Illinois Vehicle Code, and must be titled through the Secretary of State's Office
. The
mobile homes appeared discarded and therefore waste as defined in the [Illinois] Environmental
Protection Act .
Siding, dimensional lumber, wood pallets and other miscellaneous materials were located near
the garage door on the southwest corner of the garage as illustrated in the attached photo #008
.
The mobile home and scrap metal on the south side of the garage have been removed from the
site since the May 24, 2005 inspection (see attached photo #009) .
The waste materials on the east side of the garage are shown in the attached photos #010 through
#016
. The waste materials included scrap metal, sheets of weathered drywall in poor condition,
damaged dimensional lumber, a pile of gravel, wood pallets, axles, a metal tool box, a metal
bathtub, shingles, concrete blocks, discarded equipment, and other miscellaneous debris
. The
abandoned vehicle in the area has been removed from the site since the last inspection
.
A site sketch and digital photograph photocopies accompany this narrative for the
DLPC/Division File
. Digital copies of the photographs will be provided to the responsible
parties upon request .
cc: LCHD, Kathy Waldo
Logan County Zoning Administrator, Dewey Colter
DLPC/FOS Springfield Region
page 2
 
Illinois Environmental Protection Agency
LPC #1078075001 - Logan County
Bureau of Land
Lincoln/Lewis
FOS File
SITE SKETCH
0
April 26, 2006 Inspection
Measurements Approximate
Direction of Photo
---IN-
Photo Directions Approximate
Not to Scale
Q) WASTE 5
 
File Names
: 107807500104262006-[Exp . #].jpg
Page 1 of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1078075001 -
Logan County
Lincoln/Lewis
FOS File
Date : 26 April 2006
Time
: 11 :45 am
Direction: SE
Photo by : M
. Cozadd
Exposure #: 001
Comments: Metal box,
mobile home . and vinyl
siding
Date : 26 April 2006
Time
: 11 :45 am
Direction : NE
Photo by: M. Cozadd
Exposure #: 002
Comments: Corrugated
metal siding and metal
table
 
Page 2 of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
File Names
: 1078075001-04262006-[Exp . #] .jpg
DIGITAL PHOTOGRAPHS
LPC #1078075001
- Logan County
Lincoln/Lewis
FOS File
Date
: 26 April 2006
Time: 11 :45 am
Direction : NE
Photo by: M . Cozadd
Exposure #
: 003
Comments: Red wagon,
vinyl siding and metal
toolbox
Date
: 26 April 2006
Time: 11 :45 am
Direction
: SE
Photo by : M. Cozadd
Exposure #: 004
Comments
: Telephone
poles and a pile of bricks
on a wood pallet
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
File Names : 1078075001-04262006-[Exp . #] .jpg
Page 3 of 8
DIGITAL PHOTOGRAPHS
LPC #1078075001 -
Logan County
Lincoln/Lewis
FOS File
Date: 26 April 2006
Time: 11 :45 am
Direction: SW
Photo by: M. Cozadd
Exposure #: 005
Comments: Mobile
home, metal box, siding
and piles of gravel
Date
: 26 April 2006
Time: 11 :46 am
Direction : S
Photo by: M . Cozadd
Exposure
#
: 006
Comments: Telephone
poles and damaged
dimensional lumber
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
File Names : 1078075001-04262006-[Exp
. #j .jpg
Page
4 of 8
DIGITAL PHOTOGRAPHS
LPC #1078075001
- Logan County
Lincoln/Lewis
FOS File
Date : 26 April 2006
Time
: 11 :47 am
Direction : SE
Photo by
: M. Cozadd
Exposure #: 007
Comments: Mobile
home
Date: 26 April 2006
Time: 11 :48 am
Direction : NE
Photo by
: M . Cozadd
Exposure # : 008
Comments
: Siding,
dimensional lumber, and
miscellaneous materials
 
Page 5 of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
File Names
: 1078075001-04262006-[Exp . #] .jpg
DIGITAL PHOTOGRAPHS
LPC #1078075001 -
Logan County
Lincoln/Lewis
FOS File
Date: 26 April 2006
Time
: 11 :48 am
Direction: E
Photo by : M
. Cozadd
Exposure #: 009
Comments
: Mobile
home and scrap metal
removed from this area
south of the garage since
the May 24, 2005
inspection
Date: 26 April 2006
Time
: 11 :49 am
Direction : NE
Photo by : M
. Cozadd
Exposure #: 010
Comments: Drywall,
damaged dimensional
lumber, gravel pile, wood
pallets, shingles, metal
tool box, and scrap metal
on east side of garage
 
Page 6 of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
File Names
: 1078075001-04262006-[Exp . #].jpg
DIGITAL PHOTOGRAPHS
LPC #1078075001
- Logan County
Lincoln/Lewis
FOS File
Date : 26 April 2006
Time: 11 :50 am
Direction : N
Photo by: M. Cozadd
Exposure #: 011
Comments: Drywall,
damaged dimensional
lumber, gravel pile, wood
pallets, shingles, metal
tool box, and scrap metal
on east side of garage
Date: 26 April 2006
Time: 11 :50 am
Direction : N
Photo by : M. Cozadd
Exposure #: 012
Comments
: Concrete
blocks, plywood, metal
bathtub, and scrap metal
on east side of garage
 
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 1078075001-04262006-[Exp
. #].jpg
Page 7 of 8
LPC #1078075001
- Logan County
Lincoln/Lewis
FOS File
Date: 26 April 2006
Time
: 11 :51 am
Direction
: S
Photo by : M. Cozadd
Exposure # : 013
Comments
: Drywall,
damaged dimensional
lumber, gravel pile, wood
pallets, shingles, metal
tool box, and scrap metal
on east side of garage
Date: 26 April 2006
Time: 11 :51 am
Direction: SW
Photo by: M
. Cozadd
Exposure #: 014
Comments
: Concrete
blocks, plywood, metal
bathtub, and scrap metal
on east side of garage
 
File Names : 1078075001-04262006-[Exp
. #].jpg
Page 8 of 8
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1078075001 -
Logan County
Lincoln/Lewis
FOS File
Date: 26 April 2006
Time
: 11
:52 am
Direction : SW
Photo by: M . Cozadd
Exposure #: 015
Comments: Close-up of
axles, scrap metal, and
gravel pile on east side
of garage
Date: 26 April 2006
Time
: 11 :52 am
Direction : SW
Photo by : M. Cozadd
Exposure # : 016
Comments
: Concrete
blocks, plywood, metal
bathtub, and scrap metal
on east side of garage
 
QUIT CLAIM
DEED
Prepared By :
ELMORE &
REID
500 S . 6th St
.
Springfield, IL 62701
Grantee's :
Maria Lewis Gates
323 Decatur Street
Lincoln, IL
62656
Return To
:
Maria Lewis Gates
323 Decatur Street
Lincoln, IL 62656
Tax Bill To :
Maria Lewis Gates
323 Decatur Street
Lincoln, IL 62656
V01,
1
PG 3
/,3
A!
/07907Wo/-L~
r'os T
lL
409463
MAR 0 }
1999
c` L, _.s, p
THE GRANTOR, MARLA LEWIS GATES, formerly known as MARLA S . LEWIS, a
widowed person, of Lincoln, Logan County, Illinois, for and in consideration of other
valuable consideration and Two Dollars in hand paid, CONVEYs and QUIT CLAIMs to
MARLA LEWIS GATES and MARK KINGSLEY LEWIS, of Lincoln, Logan County, Illinois,
as joint tenants with the right of survivorship,
the real estate described in Exhibit I attached
hereto and made a part hereof, as shown by Plat of Survey dated May 10, 1981, filed
of record in the Recorder's Office of Logan County, Illinois, on June 19, 1981 as Card
No
. P-491, Document No
. 305900, subject to the permanent and perpetual roadway
easement and right of way 25 feet in width in, over and across the said real estate
described in said Exhibit I, the location of said easement begin shown by the Plat of
Illinois,
Survey dated
as Card
June
No12,
. MSI-4571,
1981, filed
Document
of record
Noin
.
the
305899,
Recorder's
which said
Office
easement
of Logan
and
County,right
of way shall be as appurtenant to the real estate described in Exhibit II, attached hereto
and made a part hereof, and every part or portion thereof, to be used in conjunction
with the grantees of the real estate described in said Exhibit I, their heirs, successors,
assigns and grantees all situated in the County of Logan, in the State of Illinois, hereby
expressly declaring that the estate conveyed shall pass, not in tenancy in common, but
in joint tenancy and hereby releasing and waiving all rights under and by virtue of the
Homestead Exemption Law of this State
.
The Grantees, for valuable consideration, by filing this Deed, hereby
acknowledge, accept and assume full responsibility and liability, if any, for the
description stated herein and the surveys filed pertaining to said real estate .
 
~; 99
` coI.
,Qet t
J -o
$ F
Yo
:12177534010
Vol
IijE
:04
c Z/'
10:'30
FROM
:LDC PURCHE {NG
3X
121773558
72
EXHIBIT
SIDNEY M, STEPHENS
-
KINGSLEY
I
J, & MARLA S
. LEWIS WARRANTY
J `1
tD
0
Pas
Logan
£ownship
as
A ?arfollows
•t
Jaunty,
of
21
the
;
north,
I111aols,
:;e4.t
hanre1/2
of
and
2
the
West
being
oouthweat
of
score
the 3rparticularly
1/4
.1
of
rrincipslaection
h:scrieed
;
eridl6
i nar)
3rd
cieginnin8
.rest
rrlacipal
1/4 of
at
section
theaeridian,
.northwest
6 inthence
rowcorner
,.)ship
;outhB9=S?'21of
;
toe
;3r•t
test
h,
S-oname
i
1/2ast
2
cf
_1on~
lest
the
of
theoauLh-c,
he
.-deof
611/4
24'-2S"SouthSouth
feet
South
27'
along
located
theZa47
.At
°said
-23'-20"nest
vast
Section
:
.ortheast
to
acres,
for
063°-59'-2t"the
580z;ast
and
West
°the
-19'for
-4j'ryest
a
lest
distance
deacri'bcd
line
aforplace
£XJaaTIir3
;+est
1/2,
;distance
corner
line
for
a
for
;isat
-outhweat
for
distance
of
for
a
of
of
a
of
be
a
distance
as
a
distance
257for
of
said
a
distance
saidinning,
distance
followstract
524.40
a
of
1/4,
beetton
distance
.51
west192feet
of
of
of
of
:
containing
thence
feet,
of
.34
263aapr°ximately1/2,aouthwest
1to
243,34
6
260,38
;2bof
feet,
.72
a
for
thence
.5
in
stone134feet,
feet
a
feet
feet,
northerly
thence
.76
in
distance
bouts
into
the
thence
feet,
to
1/4,
j
tiience
the
a
.b
Souta
a
a
stone,
76stone
accre
'west
directionthenceofthencebouth,-13'-3,6"
•e
ate510-%orthsthenceatline
u° -
btarttiG at the
.,o:"r.h*HSt
corner of thu oouthw3st 1/4 of
aectlen 8 :in
•T
own4hip 21
.tiorth, hali;re
2 iest of the jrd
G,fi.,
thence South 2566
Pent to the point
Of
oeyinnin e, thence r;ast
252 feet, thence
n
th
feet, thence .
:ast 136 feet, thence
South 462 f
•ee
,YA iy 399 feot,tO the +lest line of the
a outhweat 1/4 of said yection
C!,
thence .
.ortri along the lest
line of the southwest 1/4 of said Section 6 for a fist„ace of
691 feet to the point of beginning
; aloe
;
; with a per
•.aanent
nonexclusive easement
alone
the
nest line of said
:"0utwest
1/4
to
to °
said tractcofnlandrdorethecri
;ht of 06resso
ana inareas
to said tract
.
 
L'k"ad
I/ te""s
Vol S'l PG3/4,
x,99 10 :'35 FROM
:LDC PURCHASING
12177355872
4):12177534010
PAGE :01
EXHIBIT II
~~
ISalr
SIDNEY M . STEPHENS -
KINGSLEY J
. & MARLA
S . LEWIS WARRANTY DEED
r'-rt of the
:lest 1/2 of the Southwest 1/4 of
.action t; 1a lownshlp
21 .
:orth, Range 2 lest of the 3rd rrlocipal
:•ieri
.ilan, Loan county,
Illinois, and being more particularly IeLcrlbed as folLows
:
Description of
the place of beginning
:
Oo:nrencing
at a stone markin .,
; the ..orthe .at corner of the nest 1/2
of the southwest 1/,4 of ,action 6 1n township 21
.north, iiange 2
,Vest of the 3rd r.K„ thence South 0
° -19',vest for a distance of
248 .34 feet to a stone at the place of beginning
.
From said place of beginning south 0°-Jl'-35"lest
• for a distance
of 1425
.57 feat, thence ,ortB 69°-30'-14"West for a distance of
79 ; .21 fa,:t,
thence. ..orth
;,9 -49',daLit
for a 11-tance of 32
.660
feet, to a stone, thence
.,orth 0 -18'-41" .+est for
distance of
525.J3
fait to a stone, thence .
:orth zu -13 -
:u"isst for a dis-
tance of 257.4u
_feat, thence .4t5'rtt1'5'L
3
-2'T`~ t Y' s"-
o
a£ir_e
of`•
524
.
al
feet, thence firth 0°-24'-23"ripest for a distance of 3y2
. j4
feet, thence Sot8th cl -23'-2u"East for i
distance of
;:05 .72 feet,
thence r-prth of -4
;'i2st for a distance of 260 . ;
:Z feet, thence
orth 8 -59'-26"
;ct for a distance of 154
.76 feat to the place
also
of 'be~innln
: ne-i ..ning
;.. :1nJ
at
i
a
;tt
;glut
~luL :c ;
20
30
roda
.72
.
acresnorth
of tue
.iouthwast corner
of said saction 8,
tteuce ,orth 40 rode, ti
:ence ::amt
32 rods ,
thence south 40 rods, ti.ence
.,e-:t
32 rods to the
.place of ue~;inaiag,
containing 6
ace-es,
.ore or less .
 
PROOF OF SERVICE
I hereby certify that I did on the 31" day of May, 2006 send by messenger mail to the
Springfield Regional Office of the Illinois EPA, a true and correct copy of the following instrument(s)
entitled ADMINISTRATIVE CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION
CHECKLIST for hand delivery
To:
Maria Lewis Gates
Mark Kingsley Lewis
323 Decatur Street
323 Decatur Street
Lincoln, Illinois 62656
Lincoln, Illinois 62656
(via Hand Delivery)
(via
Hand Delivery)
Mark Gates
323 Decatur Street
Lincoln, Illinois 62656
(via
Hand Delivery)
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail with postage thereon fully prepaid
To: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Cert #7004
2510 0001 8590 3524
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Michelle M. Ryan
Il~
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
 
1021
NORTH GRAND AVENUE EAST,
P .O . Box 19276,
SPRINGFIELD, ILLIN015
62794-9276-( 217) 782-3397
JAMES R
. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE
11-300, CHICAGO,
IL 60601 - (312) 814-6026
ROD R .
BLAGOJEVICH, GOVERNOR
DOUGLAS P
. SCOTT, DIRECTOR
(217) 782-9817
TDD
: (217) 782-9143
May 31, 2006
The Honorable Dorothy Gunn, 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
. Marla Lewis Gates, Mark Gates & Mark
Kingsley Lewis
IEPA File No. 98-06-AC ; 1078075001-Logan County
Dear Clerk Gunn
:
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 given to an inspector from the
Springfield Regional Office to be delivered to 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(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.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Michelle M . Ryan
Assistant Counsel
Enclosures
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760
ELGIN- 595 South State, Elgin, IL 60123 -(847) 608-3131
DES PLANES-9511 W
. Harrison St
., Des Plaines, IL 60016-(847) 294-4000
BUREAUSPRNCHELD-4500
OF LAND- PEORIA-7620
S
. Sixth
NStreet
. University
Rd ., Springfield,
St ., Peoria,
IL
IL
62706-(217)
61614-(309)
786-6892693-5462
•
PEORIA-5415
•
CHAMPAIGN-2125
N . University
South
St
.,
First
Peoria,
Street,
IL 61614-(309)
Champaign,
693-5463IL
61820-(217) 278-5800
MARION -
2309 W . Main St ., Suite 116, Marion,
COLLINSVILLE-2009
IL 62959
- (618)
Mall
993-7200Street,
Collinsville, IL 62234-(618) 346-5120
PRINTED ON RECYCLED PAPER
AC 0 G-50
 
INFORMATIONAL NOTICE!!!
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS
.
NOTE :
This Administrative Citation refers to
TWO separate State
of Illinois Agencies
. One is the ILLINOIS POLLUTION
CONTROL BOARD located at James R
. Thompson
Center, 100 West Randolph Street, Suite 11-500,
Chicago, Illinois 60601
. The other state agency is the
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
located at
: 1021 North Grand Avenue East, P
.O . Box
19276, Springfield, Illinois 61794-9276
.
If you elect to contest the enclosed Administrative Citation, you must
file a
PETITION FOR REVIEW
with thirty-five (35) days of the date
the Administrative Citation was served upon you
. Any such Petition
for Review must be filed with the clerk of the Illinois Pollution Control
Board by either hand delivering or mailing to the Board at the
address given above
. A copy of the Petition for Review should be
either hand-delivered or mailed to the Illinois Environmental
Protection Agency at the address given above and should be marked
to the ATTENTION
: DIVISION OF LEGAL COUNSEL .
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice law
. Individuals may
appear on their own behalf, or through an attorney
. 35 III . Adm .
Code 101
.400(a) .

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