ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021 NORTH GRAND
AVENUE EAST, P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 -(217)
782-2829
JAMES R. THOMPSON
CENTER, 100
WEST RANDOLPH, SUITE 11-300,
CHICAGO, IL 60601 -
(312) 814-6026
Pat
Quinn,
Governor
DOUGLAS P. Scon,
CL2Rp’
OFFICE
JUN
10200g
TDD:
(217) 782-9817
(217)
782-9143
Pollution
STATE
OF
Control
ILUNGI
8
June
8,2009
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. Richard A.
&
David
J
Krumholz
d/b/a
Krumholz
Brothers Landscaping
IEPA File No.
118-09-AC:
1438105009—Peoria
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.
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
COLLINSVILLE
— 2009 MaIl Street,
Collinsville,
IL 62234 - (618) 346-5120
.
MARION — 2309 W. Main St.,
Suite 116, Marion,
IL
62959 — (618)
993-7200
PRINTED
ON
RECYCLED PAPER
ECVED
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLEpç
OFFICE
P
ADMINISTRATIVE
CITATION
UO9
STATE
OF
ILLINQ
ILLINOIS
ENVIRONMENTAL
)
Pollution
Control
Boara
PROTECTION
AGENCY,
)
Complainant,
)
AC
C’
NC4
-bT
)
v.
)
(IEPA
No.
118-09-AC)
)
RICHARD
A.
&
DAVID
J.
KRTJMHOLZ)
cl/b/a
KRUMHOLZ
BROTHERS
)
LANDSCAPING,
)
)
Respondents.
)
NOTICE
OF FILING
To:
Richard
A.
Krumholz
David
J.
Krumholz
9005
N.
Frye
Road
9005
N.
Frye
Road
Peoria,]L
61615
Peoria,
IL
61615
Krumholz Brothers
Landscaping
2115
B.
Wilkins
Drive
Medina,IL
61552
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.
espectfully
submitted,
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
8,
2009
CLEFU<’s
OFFICE
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
JLN
102009
ADMINISTRATIVE
CITATION
ATE
OF
fLLU
Pollution
Control
8oro
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
AC
V.
))
(IEPA No. 118-09-AC)
)
RICHARD
A.
& DAVID
J.
KRUMHOLZ
dibla
)
KRUMHOLZ BROTHERS
LANDSCAPING,
)
)
)
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 Richard
A. & David J. Krumholz
are the present
owners
and Krumholz
Brothers
Landscaping
is the current
operator
(“Respondents”)
of a facility located
at
2115
E.
Wilkins
Drive,
Medina Township,
Peoria
County, Illinois.
The
property
is commonly
known to the
Illinois
Environmental Protection
Agency
as Peoria/Krumholz
Brothers Landscaping.
2.
That
said facility is an
open
dump
operating
without
an Illinois
Environmental
Protection
Agency
Operating
Permit and
is designated with Site
Code No.
1438105008.
3.
That Respondents
have owned
and operated said
facility at
all
times pertinent
hereto.
4.
That on May 8, 2009,
James Jones
of the Illinois
Environmental Protection
Agency’s
Peoria
Regional
Office inspected the
above-described
facility. A
copy of his inspection
report
setting
forth
the results of said
inspection
is
attached hereto
and made a part
hereof.
5.
That on
-‘fr’-L
z.oo
, Illinois EPA sent
this
Administrative
Citation via
Certified
oo—7ooo,4
1
7oo73oooz32j43(,,1q,
MailNo.
7OO7
cocyL.
?zI4
6
VIOLATIONS
Based upon direct
observations
made
by James
Jones
during the course
of
his May
8, 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
5/21(p)(1)
(2006).
(2)
That
Respondents
caused
or allowed the
open dumping
of waste in
a manner
resulting in open
burning,
a violation of Section
21(p)(3)
of
the Act, 415
ILCS
5/21
4)(3)(2006).
(3)
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, for a total
of Four
Thousand Five Hundred
Dollars
($4,500.00).
If
Respondents elect not
to petition the
Illinois Pollution
Control
Board,
the statutory
civil
penalty
2
specified
above shall
be due and payable
no
laterthan
July30.
2009, 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(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.
LL-v
P
Date:
Dougla.P.
Scott, 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
CLERR’S
OFFICE
REMITTANCE
FORM
JUN
1
2009
STATE
OF
ILLINOiS
Pollution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
ti2
Complainant,
)
AC
,y
j
V.
)
(IEPA
No.
118-09-AC)
RICHARD
A. &
DAVID
J. KRUMHOLZ
d/b/a
)
KRUMHOLZ
BROTHERS
LANDSCAPING,
)
Respondents.
FACILITY:
Peoria/Krumholz
Brothers
Landscaping
SITE CODE
NO.:
1438105008
COUNTY:
Peoria
CIVIL
PENALTY:
$4,500.00
DATE
OF
INSPECTION:
May
8,
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
AFFIDAVIT
IN
THE MATTER
OF
RES
POND ENT
Affiant,
James
Jones,
being
first duly
sworn, voluntarily
deposes and
states as
follows:
1.
Affiant is
a field
inspector employed
by the
Land
Pollution
Control
Division
of the
Illinois
Environmental
Protection
Agency
and
has been
so employed
at all times
pertinent hereto.
2.
On May
08, 2009, between
11:20
AM and 1:20
PM, Affiant
conducted
an inspection
of the open dump
in Peoria County,
Illinois, known
as Krumholz
Brothers
Landscaping,
Illinois
Environmental
Protection
Agency
Site No. 1438105008.
3.
Affiant
inspected
said Krumholz
Brothers Landscaping
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
Krumholz
Brothers
Landscaping
open dump.
ECEVED
CLERK’S
OFRCE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
JUN
1
0 2009
STATE
OF
ILUNOS
olluton
Control
Board
IEPA DOCKET
NO.
Subscribed
Sworn
to
before
5phciAL
s
NOTAR
C
STA.
E
OF
ooq
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Open
Dump
Inspection Checklist
County:
Peoria
LPC#:
1438105008
Region:
3
- Peoria
Location/Site Name:
Peoria/Krumholz
Brothers
Landscaping
Date:
05/08/2009
Time: From
11:20 AM To 1:20 PM
Previous Inspection Date:
Inspector(s):
James
Jones
Weather:
Overcast,
50° F
No.
of Photos Taken:
#
20
Est. Amt. of
Waste: 15
yds
3
Samples Taken: Yes #
Interviewed:
Dave
Krumholz
Complaint #: C-2009-049-P
Latitude:
40.85966
Longitude: -89.56126
Collection Point Description: Center of Site
(Example:
Lat.: 41 .26493
Long.:
-89.38294)
Collection Method: Map
Richard A.
& David
J.
Krumholz
9005 N. Frye Road
Peoria, Illinois
61615
309/282-1 732
RcVEQ
CLER,(’S
OFFICE
JUN
02009
P11tjon
STATE
OF
Cnnfr.
ILLINOIS
i
SECTION
DESCRIPTION
j_VIOL
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
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
WASTE INTO THE
STATE ATITO SITES NOT MEETING
REQUIREMENTS
OF ACT
7.
21(e)
AND
REGULATIONS
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
(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
Responsible
Party
Mailing
Address(es)
and Phone
Number(s):
ILLINOIS
ENVIRONMENTAL
PROTECTION ACT
REQUIREMENTS
Revised 6/21/2007
(Open
Dump - 1)
LPC#
1438105008
Deposition of: (I)
General Construction
or Demolition Debris
as defined in Section
(7)
3.160(a); or (ii) Clean
Construction
or Demolition
Debris as
defined
in Section
3.160(b)
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow
Open Dumping of Any
Used
or Waste
Tire
LI
(2)
Cause or Allow Open
Burning of Any
Used or Waste Tire
LI
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
LI
12.
808.121
SPECIAL WASTE
DETERMINATION
LI
ACCEPTANCE
OF
SPECIAL WASTE FROM
A WASTE
TRANSPORTER
WITHOUT
A
WASTE
HAULING PERMIT,
UNIFORM WASTE
PROGRAM
REGISTRATION
AND
LI
13.
809.302(a)
PERMIT
AND/OR MANIFEST
14.
APPARENT
CASE NUMBER:
VIOLATION OF:
(LI)
PCB;ORDER
(LI)
CIRCUIT
ENTERED
COURT
ON:
LI
15.
OTHER:
LI
LI
LI
LI
LI
LI
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.
Inspection
Date:
05/08/2009
OTHER
REQUIREMENTS
Revised
6/21/2007
(Open Dump
- 2)
1438105008
-- Peoria
County
Krumholz
Brothers
Landscaping
FOS
Date
of Inspection:
May
8, 2009
Prepared
By: James
Jones
Page
1
of4
NARRATIVE
On
Friday, May
8, 2009, I
(James Jones) investigated
citizen complaint
C-2009-049-P
on the
property
of Krumholz
Brothers
Landscaping
located at 2115
E. Wilkins Drive
in Medina
Township in
Peoria
County.
According
to the complainant,
Krumholz
Brothers
Landscaping
has taken
old landscaping
railroad
ties to its property
on Wilkins
Drive
near the
intersection of Old
Galena Road and
Cedar
Hills
Drive
near Caterpillar
Technical
Center,
dumped them, and was
now burning them.
The
fire
started
today
(05/08/09).
It is anticipated
to burn several
days. Krumholz
Brothers
Landscaping
burned
in a similar
scenario last
year. The Fire Department
went
to
the
site and
talked
to them,
but
the
Krumholz
ignored them.
I arrived
on the property
at 11:20
a.m.
I
observed
a large fire outside
the fenced area
which
enclosed
a large
metal building
on the property.
I also noticed
a gentleman
getting
out of a
parked
car inside
the fenced area.
I walked over
and introduced myself
and began
to
interview
the
gentlemen.
He told me
that his name
was Zac Hecht and
that he was an employee
of
Krumholz
Brothers.
I asked
Mr. Hecht did
Krumholz Brothers
Landscaping own
the
property
outside the fenced
area
and
did he know who
was responsible
for the large fire
that
was burning.
He said
he believed the
property belonged
to Krumholz
Brothers Landscaping
and
he
didn’t
know who
was
responsible
for the
fire.
I thanked
Mr. Hecht for
answering my
questions and I
told
him
that I was
going
to begin
my investigation
regarding
the
fire.
The dimensions
of the
pile
of materials
that were being open
burned were approximately
40feet
x 40 feet in
area.
The materials
that were
being
open burned
consisted of railroad
ties, landscape
waste (medium
tree limbs
and
brush),
and 4” PVC
sewer pipes (see photographs
#1, #8, #9, and
#14). In
addition,
two
mattresses
depicted in photographs
#2, #4,
#5,
#8,
and #15 were
open
dumped
near the fire
and
two black garbage
bags containing
grass clippings
on the north slope
of
a
large
dirt pile were
depicted in photograph
#16.
These materials were
apparently open dumped
on
the
property,
but they were
not open burned. Photographs
#19
and
#20 depict a
John Deere
excavator
being
operated
by Dave Krumholz
extinguishing
the fire
upon
Mr. Krumholz
request
on the property.
Following my
investigation,
which included walking
the site, making
visual observations,
and
photographing the
conditions
at the site, Mr. Hecht
gave me the
name and
telephone number
of
Dave Krumholz
and indicated
that Mr. Krumholz
wanted me to
call him before I left
the
property.
I called
Mr. Krumholz as
requested. I
discussed some of the
details
of the complaint
with him
and he
asked if I could
remain
on
site so that he could meet
with me. I agreed
to meet with him.
Mr.
Krumholz
arrived at the
site
at
approximately
12:20 p.m.
Mr.
Krumholz
and I discussed
property
ownership and the
complaint.
Mr. Krumholz said
that the
materials outside the
fenced
area of the
property were
one contiguous
property and the
property is
owned
by
both
him and his
brother, Richard
Krumholz.
The company
is not
a
Corporation
and they
do
business
as
1438105008 -- Peoria County
Krumholz
Brothers
Landscaping
FOS
Date of
Inspection: May
8,
2009
Prepared By: James Jones
Page 2 of
4
Krumholz Brothers
Landscaping.
The
property
was deeded
to
Richard
A. Krumholz
and
David
J. Krumholz on
March
6,
2006.
Regarding the complaint, Mr. Krumholz indicated
that customer waste
from contract
jobs
are
routinely hauled to Krumholz Brothers property
for waste storage
and accumulation.
When
adequate volumes of wastes are accumulated the
company hauls the
waste off-site for
proper
disposal.
According to Mr. Krumholz, his brother
Richard for some
unknown reason
set
fire to
the waste that had been accumulating on the property. I
asked Mr. Krumholz
how
many
times
he
recalled burning waste on the property,
during a May 12, 2009
telephone
conversation.
He
said at least 2 times, but not more than a dozen
times. It appears that
the Krumholz
Brothers
have had some inter-action with the Chillicothe Fire Department
in the
past
regarding
open
burning and should have known that open burning
is illegal in Illinois.
The
following apparent violations
were observed and checked
on the Open Dump
Checklist:
1.
Pursuant to Section 9(a) of the {Illinois}
Environmental
Protection
Act (415
ILC5
5/9(a)),
no person shall cause or threaten
or allow the discharge
or
emission
of any
contaminant into the environment in
any State so as
to cause or tend
to cause air
pollution
in Illinois, either alone or in combination
with
contaminants
from other
sources,
or
so as
to violate regulations or standards adopted
by the Board under
this Act.
A violation of Section 9(a) is alleged
for the following
reason:
Evidence
of
open
burning
which would cause or tend to
cause air pollution
in Illinois
was
observed
during the inspection.
2.
Pursuant to
Section
9(c) of the {Illinois} Environmental
Protection
Act
(415
ILCS
5/9(c)),
no person shall
cause or
allow
the open burning
of refuse,
conduct any
salvage
operation by open burning, or cause or allow the
burning of any refuse
in any
chamber
not
specifically designed for
the
purpose
and approved
by the Agency
pursuant
to
regulations adopted by the Board under this Act.
A
violation of Section
9(c)
is alleged
for the following
reason: Evidence
of
open
burning
was
observed during the inspection.
3.
Pursuant to
Section
21(a) of the {Illinois} Environmental
Protection
Act
(415
ILCS
5/21(a)),
no person shall
cause or allow the open dumping
of any waste.
A
violation of Section 21(a) is alleged
for the following reason:
Evidence
of
open
dumping of waste was observed during the inspection.
4.
Pursuant to Section 21(d)(1) of the {Illinois} Environmental
Protection
Act (415
ILCS
5/21
(d)(
1)), no person shall conduct any
waste-storage, waste-treatment,
or waste
disposal
operation without
a
permit
granted by the Agency
or in violation
of any
conditions imposed by such permit.
1438105008
-- Peoria County
Krumholz
Brothers Landscaping
FOS
Date
of
Inspection: May
8, 2009
Prepared
By: James Jones
Page
3 of4
A violation of
Section 21 (d)( 1) is alleged for
the
following reason: Waste was
disposed
without
a permit granted
by the Illinois EPA.
5.
Pursuant
to Section 21 (d)(2)
of the {Illinois} Environmental
Protection
Act (415 ILCS
5/21 (d)(2)), no
person shall conduct
any waste-storage,
waste-treatment, or waste-
disposal
operation in
violation of any regulations or standards adopted by the Board
under this Act.
A violation of
Section 21 (d)(2) is alleged for
the
following reason: A waste disposal
operation
was conducted in violation
of regulations adopted by
the Illinois Pollution
Control Board.
6.
Pursuant
to Section 21(e)
of the {Illinois} Environmental Protection Act
(415
ILCS
5/21(e)), no
person shall dispose, treat,
store or abandon any waste, or
transport
any
waste into this
State
for disposal, treatment,
storage or
abandonment, except at a site or
facility
which meets the
requirements of this Act and of regulations and standards
thereunder.
A violation of
Section 21(e) is alleged for
the following reason: Waste was
disposed
at
this
site which
does not meet the requirements of the Act and regulations
thereunder.
7.
Pursuant
to Section 2l(p)(l) of the
{Illinois}
Environmental Protection Act
(415
ILCS5/21(p)(l)),
no
person shall, in violation of subdivision (a) of this Section, cause or
allow the
open dumping of any waste in
a
manner
which results in
litter.
A violation
of Section 2l(p)(l)
is alleged for the following reason: The open dumping
of
waste was caused or allowed
in a manner which resulted in litter.
8.
Pursuant
to Section 2l(p)(3) of
the {Illinois} Environmental
Protection
Act (415 ILCS
5/21
(p)(3)), no person shall, in
violation of subdivision (a) of this Section,
cause or
allow
the
open dumping of any waste in
a
manner
which results
in
open burning.
A violation
of Section 2l(p)(3) is alleged for the following reason: The open dumping
of waste was caused or
allowed in a manner which resulted in open
burning.
9.
Pursuant to Section 21Q)(7) of
the
{Illinois}
Environmental
Protection
Act (415
ILCS
5/2l(p)(7)) no
person shall cause or allow the open dumping of waste in a manner that
results in deposition
of (i) general construction or demolition debris as defined in Section
3.160(a)
of this Act; or (ii) clean construction or demolition debris
as
defined in Section
3.160(b) of this Act.
1438105008
-- Peoria
County
Krumholz Brothers
Landscaping
FOS
Date
of Inspection: May
8,
2009
Prepared
By: James Jones
Page
4 of 4
A violation
of Section
21
(p)(
7)
is alleged for the
following reason:
The open
dumping
of
waste
was caused
or allowed in a manner
which resulted in
deposition
of
general
or
clean
construction or
demolition debris.
10.
Pursuant
to 35 Ill. Adm. Code
8 12.101(a), all persons,
except those
specifically exempted
by
Section
21(d) of the
{Illinois} Environmental
Protection Act,
shall submit
to the
Agency an application
for
a permit to develop
and operate
a
landfill.
A violation of 35
Ill. Adm. Code 812.101(a)
is alleged for the
following
reason:
A waste
disposal
site was
operated
without
submitting
to the Illinois EPA
an application
for
a permit to
develop and operate
a
landfill.
JJ/
;d
.
4N
/
DIRECTION:
Photograph
taken
toward
the
north
PHOTOGRAPH
NUMBER:
1
PHOTOGRAPH
FILE
NAME:
1438
105008—05082008-00
1
.jpg
COMMENTS:
Photograph
depicts
open
burning
of
customer
waste,
which
has
been
stored
on
the
company’s
property,
supposedly
for
waste
accumulation
in
significant
volumes
prior
to
waste
disposal.
DATE:
May
08,
2009
TIME:
11:29
a.m.
PHOTOGRAPHED
BY:
JamesJones
DIRECTION:
Photograph
taken
toward
the
northeast
PHOTOGRAPH
NUMBER:
2
PHOTOGRAPH
FILE
NAME:
1438
105008-05082008-002.jpg
COMMENTS:
Photograph
depicts
2
mattresses
in
the
foreground,
as
railroad
tiesand
landscape
waste
burns
in
the
background
of
the
picture.
DOCUMENT
FILE
NAME:
14381
05008--05082008.doc
DIRECTION:
Photograph
taken
toward
the
east
PHOTOGRAPH
NUMBER:
3
PHOTOGRAPH
FILE
NAME:
1438
105008—05082008-003
.jpg
COMMENTS:
Same
as
previous
photograph.
DATE:
May
08,
2009
TIME:
11:30a.m.
PHOTOGRAPHED
BY:
JamesJones
DIRECTION:
Photographtaken
toward
the
southeast
PHOTOGRAPH
NUMBER:
4
PHOTOGRAPH
FILE
NAME:
14381
0500805082008-004.jpg
COMMENTS:
Photograph
depicts
largepiles
of
broken
concrete,
dirt,
and
slag
in
the
background
of
the
picture,
which
is
stored
onthe
property.
DOCUMENT
FILE
NAME:
1438
10500805082008.doc
DIRECTION:
Photograph
taken
toward
the
south
PHOTOGRAPH
NUMBER:
5
PHOTOGRAPH
FILE
NAME:
14381
0500805082008-005.jpg
COMMENTS:
Photograph
depicts
the
amount
of
smoke
and
fire
emanating
fromthe
burning
railroad
ties-and
landscape
waste.
DATE:
May
08,
2009
TIME:
11:32
a.m.
PHOTOGRAPHED
BY:
JamesJones
DIRECTION:
Photograph
taken
toward
the
south
PHOTOGRAPH
NUMBER:
6
PHOTOGRAPH
FILE
NAME:
1438
10500805082008-006.jpg
COMMENTS:
Same
as
previous
photograph.
DOCUMENT
FILE
NAME:
14381
05008’05082008.doc
DIRECTION:
Photograph
taken
toward
the
south
PHOTOGRAPH
NUMBER:
7
PHOTOGRAPH
FILE
NAME:
14381
0500805082008-007.jpg
COMMENTS:
Photograph
depicts
a
closer
view
of
the
concrete,
dirt,
and
slag
that’s
stored
onthe
property.
DATE:
May
08,
2009
TIME:
11:34a.m.
PHOTOGRAPHED
BY:
JamesJones
DIRECTION:
Photographtaken
toward
the
west
PHOTOGRAPH
NUMBER:
8
PHOTOGRAPH
FILE
NAME:
14381
05008-M5082008-008.jpg
COMMENTS:
Photograph
depicts
4”
pvc
sewer
pipe
being
open
burned
with
the
railroad
tiesand
landscape
waste
on
the
property.
DOCUMENT
FILE
NAME:
1438
10500805082008.doc
DIRECTION:
Photograph
taken
toward
the
west
PHOTOGRAPH
NUMBER:
9
PHOTOGRAPH
FILE
NAME:
1438
10500805082008-009.jpg
COMMENTS:
Photograph
depicts
a
close-up
of
the
wastes
thatwere
being
open
burned
on
the
property.
DATE:
May
08,
2009
TIME:
11:37a.m.
PHOTOGRAPHED
BY:
James
Jones
DIRECTION:
Photographtaken
toward
the
southeast
PHOTOGRAPH
NUMBER:
10
PHOTOGRAPH
FILE
NAME:
1438105008—05082008-0
10.jpg
COMMENTS:
Photograph
depicts
tree
limbs
and
wood
blocks
scattered
outside
the
fencedarea
of
the
property.
DOCUMENT
FILE
NAME:
14381
0500805082008.doc
DOCUMENT
FILE
NAME:
1438
1O5OO8O5O82OO8.doc
-S---
:
—_.-
-s
?
—
—
•.
er
-
-
-
%jj
‘i
;;—
/
-4Kc
—
•
-
--?
S:s-
ec
-
—
r
&i
A
‘
A
DIRECTION:
Photograph
taken
toward
the
west
PHOTOGRAPH
NUMBER:
11
PHOTOGRAPH
FILE
NAME:
1438
105008—05082008-01
1.jpg
COMMENTS:
Photograph
depicts
more
tree
branches
scattered
in
the
area
near
the
burn
pile.
DATE:
May
08,
2009
TIME:
11:39a.m.
PHOTOGRAPHED
BY:
James
Jones
DIRECTION:
Photograph
taken
toward
the
north
PHOTOGRAPH
NUMBER:
12
PHOTOGRAPH
FILE
NAME:
14381
05008—05082008-0
12.jpg
COMMENTS:
Photograph
depicts
a
close-up
picture
of
the
wood
blocks
depicted
in
photograph
#10.
DIRECTION:
Photograph
taken
toward
the
north
PHOTOGRAPH
NUMBER:
13
PHOTOGRAPH
FILE
NAME:
1438105008—05082008-013.jpg
COMMENTS:
Photograph
depicts
wood
blocks,
tree
limbs
and
brush;
and
concrete
with
no
exposed
re-bar
in
the
storage
area
of
the
property.
DATE:
May
08,
2009
TIME:
11:44
a,m.
PHOTOGRAPHED
BY:
James
Jones
DIRECTION:
Photograph
taken
toward
the
north
PHOTOGRAPH
NUMBER:
14
PHOTOGRAPH
FILE
NAME:
1438
105008—M5082008-0
14.jpg
COMMENTS:
Photograph
depicts
a
close-up
of
the
open
burned
railroad
ties
and
landscapewaste
on
the
property.
DOCUMENT
FILE
NAME:
1438
105008—05082008.doc
p.
-.r’
-
.(
-e
4-,
-
-
/ç1&
:
---i
>-----
::-
.
-
:
r
N
*
/
:-
DIRECTION:
Photograph
taken
toward
the
west
PHOTOGRAPH
NUMBER:
15
PHOTOGRAPH
FILE
NAME:
14381
05008—05082008-0
1
5.jpg
COMMENTS:
Photograph
depicts
2
mattresses
that
were
apparently
open
dumped
onthe
property.
DATE:
May
08,
2009
TIME:
11:50a.m.
PHOTOGRAPHED
BY:
James
Jones
DIRECTION:
Photograph
taken
toward
the
south
PHOTOGRAPH
NUMBER:
16
PHOTOGRAPH
FILE
NAME:
14381
05008O5082008-0
1
6.jpg
COMMENTS:
Photograph
depicts
2
plastic
garbage
bags
withgrass
clippings
on
the
north
slope
of
the
large
dirt
pileon
the
property.
DOCUMENT
FILE
NAME:
14381
0500805082008.doc
DIRECTION:
Photograph
taken
toward
the
east
PHOTOGRAPH
NUMBER:
17
PHOTOGRAPH
FILE
NAME:
14381
05008-05082008-0
I
7.jpg
COMMENTS:
Photograph
depicts
the
company’s
storage
building
enclosed
by
a
chain
link
fence
and
a
gate
in
the
southwest
corner
of
the
fence.
DATE:
May
08,
2009
TIME:
12:00
p.m.
PHOTOGRAPHED
BY:
James
Jones
DIRECTION:
Photograph
taken
toward
the
northwest
PHOTOGRAPH
NUMBER:
18
PHOTOGRAPH
FILE
NAME:
1438105008—05082008-01
8.jpg
COMMENTS:
1.
-
-
-
I
..
,
-
—
—--..
-.
—
‘:....
-.
..‘
-
-..-
-
(
‘—
-
.
—
--
-
-
-
-
•1
4
—
ç
.1’s
,,.1
&_z_-’_
‘:‘
-
r
t
—
—
E
JIII.
I
—
.4
4
-:
c.\\
•.
--
--i’
-
4:”
-;M(
‘4:\
DOCUMENT
FILE
NAME:
1438
105008—05082008.doc
DIRECTION:
Photographtaken
toward
the
west
PHOTOGRAPH
NUMBER:
19
PHOTOGRAPH
FILE
NAME:
14381
0500805082008-0
1
9.jpg
COMMENTS:
Photograph
depicts
a
JohnDeere
excavator
being
operated
by
Dave
Krumholz
extinguishing
thefireonthe
property.
DATE:
May
08,
2009
TIME:
12:49
p.m.
PHOTOGRAPHED
BY:
James
Jones
DIRECTION:
Photograph
taken
toward
the
west
PHOTOGRAPH
NUMBER:
20
PHOTOGRAPH
FILE
NAME:
1438
105008—05082008-020.jpg
COMMENTS:
Same
as
previous
photograph.
DOCUMENT
FILE
NAME:
1438
10500805082008.doc
J
05/13/2003
0343
FAY
I
203077R202
PEORIA
CO
RECORDER
O03/003
STATE
OP ILLINOIS
)
)
as.
COUNTY
OP
PEORIA
)
1,
the
un4ersigned,
a
,Notary
Public in
and
Ør
said
County
apd
State
aforesaid,
DO
HEREBY
CLRTIFY
and
I
1
r421/
,,
peronaily
krov,n
to me to
he tie
president
and
,__
secretary,
rcspectn
ely
ot
INVENTORY
TECHNOLOGY.
INC.,
an
Illinois
corporation,
and
persona
fly
known
to
me to
be
the
same
persons
whose
names
are
subscribed
to
the
foregoing
instrument
us
such officers,
appeared
before
me this
day
in
person
and
severally acknowledged
that
they
signed,
sealed
and
delivered
the
said
instrument
as
their
free
and voluntary
act
as such
officers,
and
as
the
free and
voluntary
act
of
said
corporation
for
the
uses
and
purpu.,es
therein cot
forth arid
on
their
respecine
oaths
stated
that
they
ware duly
authorized
to
execute said
inst
rument
and
that
the
seal
affixed
thereto
is
the
seal of
said corporation.
Given under
my
hand
and
notarial
seal
this
day
of
£e.z,—.
Ad).
2006.
7
KAflEN
1.
OlSEN
Notary
Public
= =
=
-
a
=
==
=
===
=
=
=
=
MAIL
TAX
STATEMENT
TO:
Richard
A.
Kruiunolz
arid
David
.J.
Krumholz
o
9035
N. Frye
Road
PeoriajL
61615
‘
Ca)
MAIL
DEE])
w:
Richard
A.
Krurnholz
and
David
3.
Knnholz
9005
N, Frye
Road
Peoria,1L
61615
05/13/2009
03.
43
1303E?7E202
PEORIA
CD
RECORDER
l0O2
/0
03
(ft
h538
PEORIA
COUNTY
This
instrument Prepared By:
JAMES
H.
BUNCH
Johnson,
Bunco
& Noble,
P.C.
7800
N.
Sommer
Sc, Suite
425
Peoria,
Illinois
616154994
WARRANTY
1:I/J)
H
0;
‘1
tMi
—b
:-
,‘-1
THIS iNDENTURE
WITNESSETH,
That
the Onintor,
INVENTORY TECH.
.NOLO(Y,
INC.,
dii
Illir’oi-. cotpd’ranOn,
flir
and
in
consideriuton
of
the
urn of
One Dollar
and
other
gnarl
and niunbic
cons
&rauon,
in
hind
paid
and
pursuant
to
nithonty gnen by
the
board
or
directors
or
sam
Corporation.
CONVEYS
and
WARRANTS
unto RICHARD
A.
KRUMHOLZ
and
DAVID
J.
KRIJMHOI
.7, not
as
joint tenants
but
as
tenants hi common,
of
the County of
Peoria and
State
of
Illinois,
the
following
deacribed
real
estate
situated
in
the County
of
Peoria and
State cf
Illinois,
toWit;
Tax
tdendfieation
No.;
09-11-3514)03
and
09-11-3514)04
%
Lots
$
ind 4
in
MOSSVILLE
INDUSTRIAL
PARK a
Subut
ismon of
part
ot
the
.
Southwe%t
Quartor
of
Section 11,
Towrnhip
10
North, Range
S East
of the
Fourth
Principal
\‘krtdian accornmg
to
the
P1st
ihureof
recorded August 16
in Pla
Boo&
:144
2,
Pag
47
in the
Recorder
s 0111cc,
situate
lying
and being
in the
County
of
Peoria
and
Start, of
Il
1
inois
i00
‘LtlS
ATTEST:
Ji
i
._,JJ_jt
,_j( —______
4$IWS.
Subject
to
restrictions,
resen’atiorn,
ea3etnents,
conditions,
covenants,
and
building
set
hack
lines
ol’
record;
and to
the
general
real estate
taxes
for
years
subsequent
to
the
year
2004;
Property
addnss;
East Wilkins
Drive,
Mossville,
IL
61552
IN
WITN fiS\
WHEREOF,
the
said
Grantor has caused
this Deed
to be executed 1w
its
oresident
and gras
od
1w
is
secretan
under
its
corporate
seal
this
&
Lt!
day
of
Ptt.t?dhis2u
A D 2G6
PEORIA
COUNTY
TRANSFER
TAX
I
Secretary
/
r/
INVENTORY
TEUINOLOGY.
iNC.
-
Date,
J4R’flfrg%
Porja
County
Recorriar
R.ennai
HcuMr,n
Suopo;
thunrain
Fund
tur :ma:
$1000
CLERK’S
OFFiCE
JUN
j
aio
PROOF
OF
SERVICE
STATE
OF
ILLINOlS
Pollution
Control
Board
I hereby
certifr that
I did
on the
8
th
day
of June,
2009,
send
by
Certified
Mail,
Return
Receipt
Requested,
with
postage
thereon
fully
prepaid,
by
depositing
in
a United
States
Post Office
Box
a true
and
correct
copy
of the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT,
and
OPEN
DUMP
iNSPECTION
CHECKLIST
To:
Richard
A. Krumholz
David
J.
Krumholz
9005 N.
Frye
Road
9005
N.
Frye Road
Peoria,
IL
61615
Peoria,
IL
61615
Krumholz
Brothers
Landscaping
2115
E. Wilkins
Drive
Medina,IL
61552
and
the
original
and nine
(9)
true
and
correct
copies
of the same
foregoing
instruments
on
the
same
date
by
Certified
Mail,
Return
Receipt
Requested,
with
postage
thereon
fully
prepaid
To:
John
Therriault,
Clerk
Pollution
Control
Board
James
R.
Thompson
Center
100
West Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
‘Michefie
M.
RyaiT
Assistant
Counsel
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217)
782-5544
THIS
FILiNG
SUBMJTI’ED
ON RECYCLED
PAPER
