0

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

North

Grand

Avenue

East,

P.O.

Box

19276,

Springfield,

Illinois

62794-9276

o

(21

7)

782-2829

James

R.

Thompson

Center,

100

West

Randolph,

Suite

11-300,

Chicago,

IL

60601

0(312)

814-6026

PAT

QUINN,

GOVERNOR

DOUGLAS P.

ScoTT,

DIRECTOR

(217)

782-9817

TDD:

(217)

782-9143

CEVED

CLERK’S

OFFICE

JUN29

2009

STATE

OF

ILLINOIS

Pollution

Control

Board

June

25,

2009

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.

Gary

J.

and

James

R.

Szczeblewski

IEPA

File

No.136-09-AC;

0550455034—Franklin

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.

Sincerely.

Michelle

M.

Ryan

Assistant

Counsel

Enclosures

Rockford

• 4302

N.

Main

St.,

Rockford,

IL

61103

0(815)

987-7760

Elgin

• 595

S.

State,

Elgin,

IL 60123

•

(847)

608-3131

Bureau

of

Land

— Peoria

• 7620

N.

University

St.,

Peoria,

IL

61614

• (309)

693-5462

CoIIinsviIIe • 2009

MalI Street,

collinsville,

IL

62234

• (618)

346-5120

Des

Plaines

9511

W.

Harrison

St., Des

Plaines,

IL

600160)847)

294-4000

Peoria

05415

N.

University

St.,

Peoria,

IL

616140)309)

693-5463

Champaign

• 2125

S. First

St.,

champaign,

IL

618200(217)

278-5800

Marion

• 2309W.

Main

St., Suite

116,

Marion,

IL 62959

•

(618)

993-7200

I

,

-

Printed

on

Recycled

Paper

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOCEg

RKS

OFFICE

ADMINISTRATIVE

CITATION

.J

29

ILLiNOIS

ENVIRONMENTAL

)

POllUtion

STATE

OF

Controi

ILLp

PROTECTION

AGENCY,

)

Complainant,

)

AC

Q

V.

)

(IEPA

No.

136-09-AC)

)

GARY

J.

and

JAMES

R.

SZCZEBLEWSKI,

)

)

Respondents

)

NOTICE

OF

FILING

/

To:

Gary J.

Szczeblewski

James

R.

Szczeblewski

111

East

Franklin

Avenue

111

East

Franklin

Avenue

Sesser,

Illinois

62884

Sesser,

Illinois

62884

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.

Relntted4

Michelle

M. Ryan

Assistant

Counsel

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544

Dated:

June 25,

2009

---

LEAKS

OFFICE

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

JUN

t

w

ADMINISTRATIVE

CITATION

STATE

OF

ILLINOiS

Poljuto

Control

Board

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

)

i

Complainant,

)

AC

Li

Th

V.

)

(IEPA No.136-09-AC)

GARYJ.

and

JAMES

R. SZCZEBLEWSKI,

)

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(2006).

FACTS

1.

That Gary

and James

Szczeblewski

(“Respondents”)

are

the

current

owners

and

operators

of

a

facility

located

at 402 East

Yung Road,

Sesser,

Franklin County,

Illinois.

The

property

is

commonly

known to

the

Illinois

Environmental

Protection

Agency

as

Sesser/Szczeblewski,

GaryJ.

and

James R.

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. 0550455034.

3.

That Respondents

have owned

and operated

said

facility

at

all

times

pertinent

hereto.

4.

That

on

June

11, 2009,

Maggie

Stevenson

of the Illinois

Environmental

Protection

Agency’s

(“Illinois

EPA”)

Marion Regional

Office

inspected

the

above-described

facility.

A

copy of

---

her inspection

report

setting forth

the results

of

said

inspection

is

attached

hereto

and made

a part

hereof.

5.

That

on

Z5

,2009,

illinois EPA

sent

this

Administrative

Citation

via

Certified Mail

No.

7007

3ZO

ôoCl

3zt4-

34c4

“

7O7

.DZ.O

OOOZ.

3214

VIOLATIONS

Based

upon direct

observations

made

by

Maggie

Stevenson

during

the

course

of her

June

11, 2009

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!2l(p)(1)

(2006).

(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)

(2006).

CIVIL

PENALTY

Pursuant

to Section

42(b)(4-5)

of the

Act, 415 ILCS

5/42(b)(4-5)

(2006),

Respondents

are

subject

to

a

civil

penalty

of

One Thousand

Five

Hundred

Dollars ($1,500.00)

for

each

of the

violations

identified

above,

fora

total of Three

Thousand

Dollars

($3,000.00).

If Respondents

elect

not

to petition

the

Illinois

Pollution

Control

Board,

the

statutory

civil penalty

specified

above

shall

be

due

and

payable no

later

than September

1,2009,

unless

otherwise

provided

by order

of the

Illinois

Pollution

Control

Board.

2

---

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(2006),

and

if the Illinois

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)

(2006),

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,

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,

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

(2006).

If

Respondents

elect

to

contest

this Administrative

Citation,

then Respondents

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 Respondents.

/

4

Date:

2

Doug

las

Scoff,

Director

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

---

RECEiVED

CLERK’S

OFFICE

JUN29

2009

REMITTANCE

FORM

STATE

OF

ILLINOIS

Pollution

Control

Board

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

J

Complainant,

)

AC

V.

)

(IEPA

No. 136-09-AC)

GARYJ.

and JAMES R.

SZCZEBLEWSKI,

)

Respondents.

)

;

I

FACILITY:

Sesser/Szczeblewski,

Gary

J.

and

James R. Property

SITE

CODE

NO.:

0550455034

COUNTY:

Franklin

CIVIL PENALTY:

$3,000.00

DATE

OF INSPECTION:

June 11,2009

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

---

ECEVED

CLERK’S

OFFICE

iH

r’

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOARD

i

STATE

OF

lLLINOI

POllution

Control

Board

ILLINOIS

ENVIRONMENTAL PROTECTION

AGENCY

)

)

Complainant,

)

,

r)’1

)

IEPA

DOCKET

NO.

v.

)

)

Gary

J Szczeblewski

)

)

Respondent

)

AFFIDAVIT

Affiant.

Maggie

Stevenson,

being

first

duly

sworn, voluntarily

deposes

and states

as follows:

I. 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 June

Ii, 2009,

between

10:45

AM

and 11:00AM,

Affiant

conducted

an inspection

of a disposal

site operated

by

Gaiy J

and James

R Szczeblewski,

located

in Franklin

County,

Illinois,

and

known as

Szczeblewski,

Gary

J &

James R

by

the Illinois

Environmental

Protection

Agency.

Said site has

been assigned

site

code

number

0550455034

by

the Agency.

3. Affiant

inspected

said Szczeblewski,

Gary

J

&

James

R site

by

an on-site

inspection

which included

walking

and photographing

the site.

---

4. As a result

of the material actions

referred

to in paragraph 3 above,

Affiant

completed

the

Inspection

Report

form attached

hereto and made a part

hereof, which, to

the best

of Affiants

knowledge

and belief,

is an accurate

representation

of Affiant observations

and

factual

conclusions

with respect to said

Szczeblewski,

Gary J and James

R

site.

yv

4

ji

Maggie

Stevenson

Subscribed

and

Swow)o

before me

this

day

of__________

Notary Public

OFFICIAL

SEAL”

RONALD

E.

MORSE

Notary

Public,

State

of

Illinois

My Commission

Expires:

2/21/10

---

ECEVED

CLERKS

OFFICE

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

JUN29

2009

STATE

OF

1LLINOS

ILLINOiS

ENVIRONMENTAL

PROTECTION AGENCY

)

pollution

Control

B

7

ard

Complainant,

)

)

IEPA DOCKET NO.

v.

)

)

James R

Szczeblewski

)

)

Respondent

)

AFFIDAVIT

Affiant,

Maggie

Stevenson,

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 June ii, 2009,

between 10:45 AM and 11:00 AM, Afflant conducted an inspection

of a disposal site operated

by Gary J and James R Szczeblewski, located in Franklin County,

Illinois, and known

as Szczeblewski, Gary J & James R

by

the Illinois Environmental Protection

Agency. Said site has

been assigned site code number 0550455034

by

the Agency.

3. Affiant inspected said

Szczeblewski, Gary J

& James R

site

by

an on-site inspection

which included walking and photographing

the site.

---

Szceblewski

Affidavit

Page

2 of2

4. As a result

of

the

material actions referred to in paragraph 3 above,

Affiant completed

the

Inspection Report

fonri attached

hereto

and made a

part hereof, which, to the best

of Affiant’s

knowledge and belief, is an

accurate representation of Affiant

observations and factual

conclusions

with respect to said Szczeblewski,

Gary

J and

James R site.

Maggie Stevenson

Subscribed

and Swprn to before me

this

day o

Y

Notary Public

OFFICIAL

SEAL”

ry

RONAJfl

Public

E.

State

MORSE

of

III

ii

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

Open

Dump Inspection

Checklist

JUN29

2009

SECTION

DESCRIPTION

VIOL

ILLINOIS

ENVIRONMENTAL

PROTECTION

ACT

REQUIREMENTS

1.

9(a)

CAUSE, THREATEN

OR

ALLOW

AIR

POLLUTION

IN ILLINOIS

2.

9(c)

CAUSE OR

ALLOW

OPEN BURNING

LI

3.

12(a)

CAUSE, THREATEN

OR

ALLOW

WATER POLLUTION

IN ILLINOIS

LI

4.

12(d)

CREATE A

WATER POLLUTION

HAZARD

LI

5.

21(a)

CAUSE

OR ALLOW OPEN

DUMPING

CONDUCT

ANY

WASTE-STORAGE,

WASTE-TREATMENT,

OR

WASTE-

DISPOSAL

6.

21(d)

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

7.

21(e)

WASTE

INTO

THE STATE AT/TO SITES

NOT MEETING

REQUIREMENTS

OF

ACT

CAUSE

OR ALLOW THE

OPEN DUMPING

OF ANY

WASTE

IN A MANNER WHICH

RESULTS

8.

21

(p)

IN ANY

OF THE FOLLOWING

OCCURRENCES

AT THE

DUMP SITE:

(1)

Litter

(2)

Scavenging

LI

(3)

Open Burning

LI

(4)

Deposition of

Waste in Standing

or Flowing

Waters

LI

(5)

Proliferation

of Disease Vectors

LI

(6)

Standing

or Flowing

Liquid Discharge from

the Dump

Site

LI —

County:

Franklin

LPC#:

0550455034

Location/Site

Name:

Sesser/Szczeblewski,

Gary J &

James R

Date:

06/11/2009

Time:

From

10:45

Inspector(s):

Maggie

Stevenson

No. of

Photos Taken:

#

12

Pollutiun

Cowliul

Buirp

To

11:00

Previous

Inspection

Date: 03/31/2009

Weather:

69_F,_Clear,_Muddy

Est. Amt.

of Waste:

—100

3

yds Samples

Taken: Yes #

No

I

nterviewed:

Latitude:

38.09737

(Example:

Lat.: 41 .26493

Responsible

Party

Mailing

Address(es)

and Phone Number(s):

plus

Complaint #: C-09-092

Longitude:

-89.04706

Collecbon

Point

Description:

Main

Gate -

Long.:

-89.38294)

Collection

Method:

Photo Interpolation

-

Gary J. Szczeblewski

411 E. Franklin

Street

P.O. Box

465

Sesser,

IL 62884

618-625-5813

James R.

Szczeblewski

411 E. Franklin Street

P.O. Box 465

:

Sesser, IL 62884

618-625-5813

Revised

10/5/2005

(Open

Dump

- 1)

---

LPC#

0550455034

Inspection

Date:

06/11/2009

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.

Deposition

of

General

Construction

or

Demolition

Debris;

or

Clean

Construction

or

(7)

Demolition

Debris

9.

55(a)

NO

PERSON

SHALL:

(1)

Cause_or

Allow_Open_Dumping_of

Any_Used_or

Waste_Tire

(2)

Cause

or

Allow Open

Burning

of Any

Used

or

Waste

Tire

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

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:

(LI)

PCB;

(LI)

CIRCUIT

COURT

14.

CASE

NUMBER:

ORDER

ENTERED

ON:

15.

OTHER:

D

D

D

D

D

Revised

1 0/5/2

005

(Open

Dump

- 2)

---

Illinois

Environmental

Protection

Agency

Narrative

Inspection

Report

Site

#:

0550455034

Date: June

ii, 2009

County: Franklin

Inspector:

Maggie

Stevenson

Subject:

Sesser/Szczeblewski,

Gary

J & James

R

General

Remarks

p

G.P.S.:

38.09737/-89.04706

2009

Amount

of Waste:

-400 CY,

three

55-gallon

drums,

and—IS

tires

Owner of

Property:

Gary

J.

and James

R.

Szczeblewski

This follow-up

was made

as the result

of a complaint

received

by

this office

and

a May 31,

2009 deadline

for

cleanup.

The

site is

located

at —402 E.

Yung

Road

(approximation

given

by

Franklin

County Tax

Assessor)

in

Sesser, Illinois.

The

site

was easily

accessed

by a

field road

next to

Burlington

Northern

Railroad.

According

to

the

Franklin

County

Tax Assessor,

the property

is owned

by Gary

J and James

R.

Szczeblewski

of4l I

F. Franklin

Street

in Sesser.

The tax

bill

is

being

sent to Gary

J. and James

R. Szczeblewski

at

P.O.

Box 564

in Sesser,

Illinois.

The

parcel

number

is 01-1

2-402-001,

lot

3 of SE Yung

Road.. Phil

Fatka accompanied

this

inspector

on

the

follow-up.

Twelve

pictures were

taken of

the

waste, which

consisted

of metals,

shingles,

construction/demolition

debris (CDD),

furniture,

burned debris,

and general

refuse. Open

burning

had occurred

at the site

and was noted

during

the

previous

inspection.

We arrived

at

the site

to find

the gate onto

Yung

Road

still

open

(picture

001). A

field

road led

through

the gate

and

semi-parallel

with

the

railroad tracks.

The

field

road was

extremely

muddy and

the

truck we

were

driving

had

to put

in

4-wheel drive

in

order to

access the

area

of

open

dumping.

We

drove

down the

field

road and

spotted

several

areas

of open

dumping

that

were

still

visible even

with

the

weeds

now

overgrown

(pictures 002-005

and

007-0

12).

Picture

006

shows

the amount

of

weed growth

since

the

March

31, 2009 initial

inspection.

It was apparent

from

the

debris

on

site

that the

waste

had been

brought

in from off-site

and continued

to

be

brought in

as pictures

008 and

009 show

new

waste

(a cigarette

sorter from

a store) having

been

added since

the last inspection.

We

were able

to go over

the

running

waster

(creek

bed

or field

tile

area)

but the

field

had

been

planted

just

north of the

water

and

we

were

unable

to access any

area having

to do with

the

mine (AMLRP).

The noted

open dumping

is approximately

1/8

to

‘/4 mile

from

any

mine related

structures

or shafts.

Pictures 0550455034—03312009-012

through

013

show

the

gate open

and

CDD

as you enter

the

gate. The same

remains

for

this

inspection

as shown

in picture

0550455034-06112009-001.

The

debris is

obscured

by the

overgrowth

between the

field

road

and the

railroad

tracks.

Picture

0550455034—061

12009-002

shows

the presence

of

CDD and

a

tire not noted

during the

previous

inspection.

Pictures 0550455034—061

12009-003

and

004 show the

same

debris present

in

pictures

0550455034—03312009-003

and

004.

The tires

are now

hidden

due to

the

weed

overgrowth

in the area.

Picture

0550455034—06

112009-005

shows

the same

plastic

(teal

colored) slide,

shingles,

and

a white garden

hose hidden

by overgrowth

as

in picture

0550455034—033l2009-005.

Pictures

055045503

4—06

1

12009-007

through 010

shows

waste

(55-gallon

drums

and

commercial

debris)

not

noted during

the

---

AC

Narrative

LPC

#0550455034

— Franklin

County

Sesser/Szczehlewski,

Gary J

&

James

R

Page

2 of

2

previous

inspection.

Pictures

0550455034-M61

12009-011

is the

same

waste

pile

noted

in

picture

0550455034033l

2009-010

with

more

CDD

added

since the

previous

inspection.

Picture

0550455034061

12009-

012 shows

the same

waste

(including

a couch)

as

noted

in

picture 0550455034033

12009-006

during

the

previous

inspection.

Some

waste

noted

during

the initial

inspection

was

no longer

visible

due

to the

vegetation

overgrowth

now

on the

site.

It is still

unknown

at this

time if waste

is also

being

dumped

on

railroad

right-of-way

property.

---

Small

creek

bed

(maybe

overflow

or

field

tile

area)

Map

Key

All

locations

are

aDoroximatelNot

drawn

to

scale

Photo/Direction

---

00

r•III)

D0

0-I

4.’

a)

•-4.’

U)

wE

‘I’

•a)

.

o1

C

>.Q

4.’OU)EE

,

Q

.nwU

0

0

4

.

0

w

tu

a

0

2

.1.’

‘-I

0

9

0

0

r4

‘-I

,1

0

0

Lfl

U,

0

U,

U,

0

U)

a)

E

z

a)

U-

‘.0

0

---

Exposure

#:

003

Comments:

Miscellaneous

debris.

Date:

06/11/2009

Time:

10:45-11:00

AM

Direction:

Southwest

Photo

by:

Maggie

Stevenson

Exposure

#:

004

Comments:

Miscellaneous

debris,

dimensional

lumber.

B

File

Names:

0550455034’06112009-001

through

012.jpg

Page

2

of

6

---

Exposure

#:

005

Comments:

miscellaneous

debris,

roofing

shingles,

cement

blocks,

plastic

slide.

Date:

06/11/2009

Time:

10:45-11:00

AM

Direction:

South

Photo

by:

Maggie

Exposure

Stevenson

#:

006

Comments:

Field

road

with

overgrowth

between

road

and

railroad

tracks.

4”.’

.

.•

c

-—

.•4...

-.

-

--

.

File

Names:

0550455034r06112009-001

through

012.jpg

Page

3

of

6

---

Exposure

#:

007

Comments:

55-gallon

drums.

Date:

06/11/2009

Time:

10:45-11:00

AM

Direction:

Southwest

Photo

by:

Maggie

Stevenson

Exposure

#:

008

Comments:

miscellaneous

debris

Page

4

of

6

---

Exposure

#:

009

Comments:

plastic

cigarette

sorter

from

a

store.

Date:

06/11/2009

Time:

10:45-11:00

AM

Direction:

Southwest

Photo

by:

Maggie

Exposure

Stevenson

#:

010

Comments:

miscellaneous

debris,

55-gallon

drum.

Page

5

of

6

---

Exposure

#:

011

Comments:

CDD.

Date:

06/11/2009

Time:

10:45-11:00

AM

Direction:

Southwest

Photo

by:

Maggie

Exposure

Stevenson

#:

012

Comments:

CDD

including

miscellaneous

debris.

toilet,

furniture,

-

-----—-----------——--

______j

ii

File

Names:

0550455034r061

12009-001

through

012.jpg

Page

6

of

6

---

AFFIDAVIT,

and

OPEN

DUMP

INSPECTION

CHECKLIST

To:

Gary

J.

Szczeblewski

James

R.

Szczeblewski

111

East

Franklin

Avenue

111

East

Franklin

Avenue

Sesser,

Illinois

62884

Sesser,

Illinois

62884

70O7

3020

c1

3’214-

3404

7c37

320

xo2

321+

353

and

the

original

and

nine

(9)

true

and

correct

copies

of

thesame

foregoing

instruments

on

thesame

date

byCertified

Mail,

Return

Receipt

Requested,

with

postage

thereon

fully

prepaid

/b

1/V/i

To:

JohnTherriault,

Clerk

Pollution

Control

Board

James

R.

Thompson

Center

100

West

Randolph

Street,

Suite

11-500

Chicago,

Illinois

60601

-*iuhItM-yw

W1litw.

0

Assistant

Counsel

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544