ILLINOIS ENVIRONMENTAL PROTECTION AGENC~YRECEW~D
CLERK’S OFFICE
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782~7~r
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-~&~
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR STATE OF ILLINOIS
Pollution Control Board
(217)782-9817
TDD: (217) 782-9143
June 8, 2004
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. Herman “Bud” Krohe
JEPA File No. 298-04-AC; 01 78050003—Cass County
Dear Clerk Gunn:
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies ofthe Administrative Citation Package, consisting ofthe 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 ofthe 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 ofentering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation.
Ifyou have any questions or concerns, please do not hesitate to contact me at the number above.
Thank you foryour cooperation.
Sincerely,
J~AiJLLJ~
Michelle M. Ryan
Assistant Counsel
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
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDR E
C E ~V E D
CLERK’S OFFICE
ADMINISTRATIVE CITATION
JUN 1 02004
ILLINOIS ENVIRONMENTAL
)
Poflu~onControl Board
PROTECTION AGENCY,
)
Complainant,
)
AC
o4 ~ 1
v.
)
(IEPA No. 298-04-AC)
)
HERMAN “BUD” KROHE,
)
)
Respondent.
)
NOTICE OF FILING
To:
Herman “Bud” Krohe
5061 N. Hagener Road
Route 2, Box 161A
Beardstown, IL 62618
PLEASE TAKE NOTICE that on this date I mailed forfiling with the Clerk ofthe Pollution
Control Board ofthe State ofIllinois the following instrument(s) entitled ADMiNISTRATIVE
CITATION, AFFiDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
iche le 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 8,2004
THIS
FILING
SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERI~~f~E~
ADMINISTRATIVE CITATION
JUN
102004
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 298-04-AC)
HERMAN “BUD” KROHE,
)
)
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 (2002).
FACTS
1.
That Herman “Bud” Krohe (“Respondent~’)is the present owner of a facility located at
the northeast corner of Hagener Road and Illinois Route 67, approximately five miles south of
Beardstown, Cass County, Illinois. The property is commonly known to the Illinois Environmental
Protection Agency as Hagener Twp./Krohe.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 0178050003.
3.
That Respondent has owned said facility at all times pertinent hereto.
4.
That on April27, 2004, Charlie King of the Illinois Environmental Protection Agency’s
Springfield 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 Charlie King during the course of his April 27, 2004
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 2l(p)(1) of the Act, 415 ILCS 5/21(p)(1)
(2002).
-
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002), 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 One Thousand Five Hundred Dollars ($1,500.00). 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
15,
2004 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 (2002), 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:costsincurred 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.
2
Pursuantto Section 31.1(d)(1)oftheAct, 415 ILCS 5/31.1(d)(1)(2002), if Respondentfails
to petition orelects notto petition the Illinois Pollution Control Board forreviewofthisAdministrative
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
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 (2002). II 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.
~?Q4~Q~
#A~~i~
Date:
______
Renee Cipriano, irector
~t’i’~
Illinois Environmental Protection 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
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
)
v.
)
(IEPA No. 298-04-AC)
)
HERMAN “BUD” KROHE,
)
)
Respondent.
)
FACILITY:
Hagener Twp./Krohe
SITE CODE NO.:
0178050003
COUNTY:
Cass
CIVIL PENALTY:
$1,500.00
DATE OF INSPECTION:
April 27, 2004
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:
)
)
Illinois Environmental
)
Protection Agency
)
)
vs.
)
IEPA DOCKET NO.
)
Herman “Bud” Krohe,
)
Respondent
)
Affiant, Charles W. King, Jr., being first duly sworn, voluntarily deposes and states as
follows:
1. Affiant is a field inspector employed by the Division ofLand Pollution ControlfField
Operations Section ofthe Illinois Environmental Protection Agency and has been so
employed at all times pertinent hereto.
2. On April 27, 2004 between 12:35 PM and 1:00 P.M., Affiant conducted an inspection
of a disposal site operated without an Illinois Environmental Protection Agency permit,
located in Cass County, Illinois, and known as Hagener Township/Krohe by the Illinois
Environmental Protection Agency. Said site has been assigned site code number LPC#
0178050003 by the Illinois Environmental Protection Agency.
3. Affiant inspected said Hagener TownshiplKrohe 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 ofAffiant’s observations and
factual conclusions with respect to said Hagener Township/Krohe open dump.
~
Charles W. King, Jr.
~,.L
Subscribed and Sworn To before me
This’~day of ~
~
~
Notary Public
1~~AL SEAL
CHARLENE K. POWELL
NOTARY PUBLIC STATE OF ILLINOIS
My Comm. ExpIres March 15, 2008
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Cass
LPC#:
0178050003
Location/Site Name:
Hagener Twp./Krohe
Date:
04/27/2004 Time: From 1235
Inspector(s):
Charlie King
No. of PhotosTaken: # 4
Interviewed:
None
Region:
Springfield
Responsible Party
Mailing Address(es)
and Phone
Number(s):
To 1300
Previous Inspection Date: 01/12/2004
Weather: Prtly. Cldy., 55 deg. F., Winds SW @ 10 mph
Est. Amt. of Waste: 159
yds3 Samples Taken: Yes #
No ~
Complaint #: C-04-040-C
Mr. Herman “Bud” Krohe
5061 N. Hagener Rd., Route 2, Box
‘I~C
161A
Beardstown, IL 62612
JUN
() ~
20u
‘~
217/323-4686
~~~~-L)Lp(-’
SECTION
DESCRIPTION
J
VIOL
ILLiNOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW
AIR
POLLUTION IN ILLINOIS
U
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
0
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
UI
4.
12(d)
CREATE AWATER POLLUTION HAZARD
El
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
AND
REGULATIONS
8.
21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF
ANY
WASTE IN.A MANNER WHICH RESULTS
INANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
(1)
Litter
(2)
Scavenging
(3)
Open Burning
UI
(4)
Deposition_of Waste in_Standing_or_Flowing_Waters
0
(5)
Proliferation of Disease Vectors
UI
(6)
Standing or Flowing Liquid Discharge from the Dump Site
0
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0178050003
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
UI
Demolition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
Z
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
UI
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10.
812.1 01 (a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
UI
12.
808.121
SPECIAL WASTE DETERMINATION
UI
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION
AND
PERMIT AND/OR MANIFEST
U
14.
OTHER REQUIREMENTS
APPARENT VIOLATION OF:
(D)
PCB;
(0)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
0
15. OTHER:
0
0
El
U
0
UI
Informational Notes
Illinois Environmental Protection Act: 415 ILCS 5/4.
Illinois Pollution Control Board: 35 III. Adm. Code, Subtitle G.
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.
Inspection Date:
04/27/2004
1.
2.
3.
(~h~
(J.
Signature of Inspé~tor(s)
Revised 06/18/2001
(Open Dump -2)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM
DATE:
May 14, 2004
TO:
Land Division File
FROM:
~2’~CharlieKing, DLPC/FOS
—
Springfield Region
SUBJECT:
LPC
# 0178050003
—
Cass County
Hagener Twp./Krohe
JUN
0 ~
200
C-04-040-C
FOS File
NARRATIVE
INSPECTION REPORT DOCUMENT
The purpose ofthis memorandum is to serve as the Narrative InspectionReport
Document ofan inspection conducted at the subject site on April 27, 2004 from
approximately 12:35 p.m. until 1:00 p.m., by this author. The purpose of the inspection
was to respond to a complaint received at the DLPC/FOS
—
Springfield Regional Office.
The complainant alleged that the respondent dumped and buried wastes at his site.
Wastes reportedly included junk automobiles and (unidentified) household items. Initial
response to this complaint was on January 12, 2004, from approximately 11:20 a.m. until
12:00 p.m. Apparently no one was living at the site, although fourmobile homes,
including a recently placed doublewide, and an old house are on this multi-acre site. Mr.
Krohe showed up before the end ofthe initial site inspection on the current complaint.
He explained that no one lived at the site anymore and people would dump on him from
time-to-time. He admitted not getting it cleaned up as soon as possible. Since this
property had been inspected before on previous complaints, which he ultimately cleaned
up, and since I was out ofphotographs on that day due to another large inspection just
completed, I told Mr. Krohe that I would give him 30-60 days to cleanup. I told him if it
was not cleaned up that an Administrative Citation (AC) would be recommended, since
we had inspected other complaints against him in the past. He concurred. When I
returnedto the site on April 27, 2004, the site was found in the same apparent condition
as it was on January 12, 2004, and still had apparent violations.
Another complainant, this one anonymous, telephoned this inspector on or about April
21, 2004, and stated that Mr. Krohe was burning and burying wastes at night. When
asked where on the site and what specifically was being burned and buried, the
complainant suggested that I take a back-hoe to the site and dig around for it. The site
covers several acres and inspectors normally don’t tote around backhoes, so I asked the
complainant to be more specific and he asked, “What do I have to do, draw you a map?”
I said forhim to be more specific or the map would be fine. He said he would send one,
but we never received it as ofthe date ofthis memorandum
As shown in the following paragraphs, Mr. Krohe has been issued an Administrative
Warning Notice (AWN) a Violation Notice (VN) and an Administrative Citation
Warning Notice (ACWN). He has returned to compliance on two previous complaints,
one dating back to 1992.
The first complaint at this site, C-92-139-C, was received at the DLPC/FOS
—
Springfield
Regional Office on June 3, 1992. That complaint was investigated by Allyn J. Colantino
and William 0. Walkenbach, then ofthe DLPC/FOS
—
Springfield Region on January 29,
1993. Open dumping was alleged at that time, and an AWN was issued March 4, 1993. It
provided a cleanup deadline ofApril 23, 1993. Mr. Krohe commenced cleanup activities,
but due to weather and other problems, requested a cleanup time extension in a letter to
the Agency dated march 16, 1993. On April 2, 1993, the Illinois EPA granted a cleanup
time extension with a new compliance date ofMay 17, 1993. The site was re-inspected
on July 6, 1993 by Mr. Walkenbach, and was found to be cleaned up. On April 30, 1999,
a new complaint ofreported open dumping and open burning was received at the
DLPC/FOS
—
Springfield Regional Office, complaint number C-99-084-C. That
complaint was investigated by this author on May
25,
1999, which resulted in the
issuance ofVN, L-1999-01217 being issued to Mr. Krohe. It required cleanup within 45
days ofreceipt ofthe VN. Mr. Krohe subsequently made a request for a cleanup time
extension via telephone request a few days prior to the August 24, 1999 re-inspection,
and again during that re-inspection, to this author. Due to a heat wave in July of 1999,
cleanup was slow. The site was reportedly almost cleaned up when a tornado hit the site
in late July or early August, 1999. Twisted up trees and a grain bin were observed, as
were items that the tornado turned into wastes, which heavily littered the property. Due
to
this hardship, another cleanup time extension was granted until October 29, 1999 in a
letter from the Agency dated September 14, 1999. Although receipts documenting
cleanup were subsequentlyreceived on September 21, 1999, Mr. Krohe did not contact
the Agency again to report final cleanup. A decision was therefore reached to re-inspect
the site on December 7, 1999. Little progress towards site cleanup was found, and an
Administrative Citation Warning Notice (ACWN), was issued on January 24, 2000. Since
the ACWN provided 90-days for cleanup, Mr. Krohe was in effect given another cleanup
time extension. It had a cleanup deadline ofApril 23, 2000. The re-inspection was
conducted on April 24, 2000. The site was found to have returned to compliance at that
time.
Upon arrival at the site on the day ofthe most recent inspection, the weatherwas partly
cloudy with an air temperature of approximately
55
deg. F. Winds were southwesterly at
approximately 10 mph. Surface soil conditions were damp in places.
The site is located on the northeast corner ofHagener Road and Illinois Route 67,
approximately five miles south ofBeardstown, behind, or east of, a watermelon stand. A
small power suli-station is directly across the highway to the west. The legal description
of the property was presented on page 2 ofthis author’s June 24, 1999 Narrative
Inspection Report Document memorandum to the Land Division File, and therefore, will
not be repeated here. The respondent, as previously mentioned, is Herman “Bud” Krohe,
2
5061 N. Hagener Rd., Route 2, Box 161A, Beardstown, IL 62618. His telephone
number is: 217/323-4686.
During the inspection, four photographs were taken with a digital camera. More would
have been taken, however, I only had four shots left at that time. However, these four
photographs are sufficient to show some ofthe adverse conditions at the site. From an
old inspection report sketch, and from the current inspection and digital photographs,
current Site Sketch was developed. It shows the approximate layout ofthe site, as well as
the approximate locations and directions ofthe inspection photographs. The digital
camera provides a three-digit number for each photograph, i.e., 001, 002, etc. This is
how the photographs are referred to in this memorandum and on the Digital Photograph
photocopies. However, to save space on the sketch, real numbers are used to identify the
photographs, i.e., 1, 2, etc. Copies ofthe Digital Photographs and the Site Sketch
accompany this report.
As mentioned upon arrival at the site, it was immediately obvious that the corrective
actions that Mr. Krohe said he would undertake in-person on January 12, 2004, had not
been done. A few large areas ofassorted wastes were observed, such as that shown in
photo 001 and 004. Several small areas of similar wastes were also observed, such as
those shown in front ofthe camper trailer in photo # 002 and in front of the trailer in
photo # 003. The wastes mainly consisted ofwood, clothing, plastics, vehicle parts, and
shopping carts filled with apparent wastes and metals. Two old blackjunk cars (in the
center distance ofphoto # 004), an apparent junk farm truck and a junk van (photo #
002), were also observed. The van had no engine and contained clothing, paper and other
wastes. A house on-site had some windows broken out and appeared to be abandoned.
Wastes on the floors were easily seen from the outside. This also appeared to be the case
with a concrete shed on-site (windows broken out and wastes covering the floor). A
“Dippin’ Dots” stand was observed on the ground, east ofthe melon stand and west of
the house. Apparent fire hoses were on the ground just southwest of a mobile home in
the north-central area ofthe site. Large tractor tires were stacked in the eastern part of
the site, as shown in photo # 001, near a cage containing peacocks. Two large freezers,
apparently that can be mounted on trucks, were on the ground just north ofthe western
most mobile home and melon stand (see photo # 003).
During the inspection, apparent violations of the Illinois Environmental Protection Act
(Act) and the regulations, Title
35,
Illinois Administrative Code, Subtitle G
(35
IAC)
were observed. Apparent violations ofthe Act include Sections: 21(a), 21(d)(1),
21(d)(2), 21(e), 21(j)(1) and
55(a)(1).
An apparent violation ofthe regulations, 35 IAC,
is Section: 8 12.101(a). The Open Dump Inspection Checklist that accompanies this
report provides additional information.
OTHER COMMENTS
1. No one approached me during the inspection.
2. Respondent Herman “Bud” Krohe has not contacted me since I spoke to him
3
regarding the need to clean up the site and come into compliance on January 12,
2004.
3. Mr. Krohe has expressed interest in keeping and restoring the two black cars on-
site in the past. He has repeatedly been told that to do so and stay in compliance,
he must move the vehicles inside, or cover them, such as with a tarp, until the
vehicles can be restored. However, the cars have never been observed covered.
CK
cc: DLPC/FOS
—
Springfield Region
DLC
—
Greg Richardson
4
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Illinois
Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAFHS
LPC # 0178050003
—
Cass County
Hagener Twp.IKrohe
FOS File
Date: April 27,
2004
Time: 11:57a.m.
Direction: SE
Photo by: Charlie King
Photo File Name:
0178050003—04272004-001
Comments: In
the foreground are
clothing, landscape
and
wood
waste. To the left is a
cage
containing peacocks. Behind the
cage are three
large tractor tires.
Behind them
are
scattered clothing,
wood, plastic
and
metal wastes.
Date:
April
27,
2004
Time: 11:58a.m.
Direction: SW
Photo by: Charlie King
Photo File Name:
0178050003—04272004-002
Comments: The junk van at left
has no engine and contains
assorted wastes. The camper
trailer at right has scattered Wastes
on the ground
around it.
•
Illinois
Environmental Protection Agency
Bureau ofLand
DIGITAL PHOTOGRAPHS
LPC # 0178050003
—
Cass County
Hagener Twp.IKrohe
FOS File
Date:
April 27, 2004
Time: 12:00 p.m.
Direction: NW
Photo by: Charlie King
Photo File Name:
0178050003-04272004-003
Comments: A mobile home with
some ofthe siding
stripped
offis
shown. Also
shown is a tractor
tire, wood and
shopping carts
against the trailer
containing
apparent assorted wastes. Metals
and
plastics are
on the ground to
theright ofthe trailer steps. Two
large freezers are to the
right
(north) ofthe trailer. A “Dippin’
Dots” stand was
on the
ground just
to the right ofthis photo.
Date: April
27, 2004
Time: 12:02 p.m.
Direction: NE
Photo by: Charlie
King
Photo
File Name
0178050003—04272004.004
Comments: ASsOrted
metalsand
wood are shown
on the
ground
near
the front (south end) ofthe
site.
PROOF OF SERVICE
I hereby certify that I did on the 8th day ofJune 2004, send by Certified Mail, Return Receipt
Requested,with postagethereon fully prepaid, by depositing in a United States Post OfficeBox a true
and correct copy of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Herman “Bud” Krohe
5061 N. Hagener Road
Route 2, Box 161A
Beardstown, IL 62618
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, 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
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER