LUNOS
ENVRONMENTAL
PROTECTON
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
1
1-300,
Chicago,
IL
60601
(312)
814-6026
PAT
QUINN,
GOVERNOR
DOUGLAS
P.
SCOTT,
DIRECTOR
(217)
782-9817
TDD:
(217)
782-9143
June
15,
2009
John
Therriault,
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois 60601
RECEVED
CLERI(S
OFFICE
JUN
18
2009
STATE
OF
ILUNOIS
PoIItjn
Control
Board
‘/
/
:i
/
‘Ift-
Re:
Illinois Environmental Protection
Agency
v.
Jason
D.
&
Angela
R.
Mans d/b/a
Mans
Hauling,
landscaping,
&
More
TEPA File
No.130-09-AC;
0198010002—Champaign
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.
incerely,
Michelle
M.
Ryan
Assistant
Counsel
Enclosures
Rockford
• 4302
N.
Main
St.,
Rockford,
IL 61103
• (815)
987-7760
[1gm
•
595
S.
State,
Elgin,
tL
60123
•
(847)
608-3131
Bureau
of
Iand
— Peoria
7620
N.
University
St.,
Peoria,
tL
61614
• (309)
693-5462
Collinsville
2009
MaIl
Street,
Collinsville,
tL
62234
(618)
346-5120
Des
Plaines
•
9311
W.
Harrison
St.,
Des
Plaines,
IL
60016
•
(847)
294-4000
Peoria
5415
N.
University
St.,
Peoria,
IL 61614
• (309)
693-5463
Champaign 2125
S.
First
St.,
Champaign, tL
61820•
(217)
278-5800
Marion
o
2309W.
Main
St.,
Suite
116,
Marion,
IL
62959
• (618)
993-7200
e
Primed
on
Recycled
Paper
bcc:
Susan Konzelmann,
DLC #21
Mike Davison,
Division of Land Pollution
Control #24
Division
of Land Pollution
Control File Room #24 (Compliance
File)
Foosland/Marrs,
Jason — 30E CR
3050N
019801
0002-Champaign County
Mike
Mullins, Champaign Region
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
RKs
OPiICE
iUN
18
2009
Complainant,
)
AC
0
STAT
)
Ro1iutjor
FiLtNO,S
v.
)
(IEPA
No.
130-09-AC)
roj
8
OarcI
)
JASON
D.
& ANGELA
R. MARRS
d/b/a
)
MARRS
HAULING,
LANDSCAPING
&
)
MORE,
)
)
Respondents.
)
NOTICE
OF
FILING
To:
Jason
D.
Marrs
&
Angela
R. Mans
Mans
Hauling,
Landscaping
&
More
30 C.R.
3050N
30
C.R. 3050N
Foosland,
IL
61845
Foosland,
IL
61845
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.
Respectfully
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
15,
2009
RECVED
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
CLER(’$
OFFICE
ADMINISTRATIVE
CITATION
-
18
(J9
STATE
OF
ILUNOIS
ILLINOIS
ENVIRONMENTAL
)
POllution
Controi
Board
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA No. 130-09-AC)
JASON
D. &
ANGELA
R.
MARRS dibla
)
MARRS
HAULING, LANDSCAPING
&
)
MORE,
flr
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
Jason D. & Angela
R. Marrs are the
current owners (“Respondents”)
of a
facility
located
at 30 C.R.
3050N,
Foosland, Champaign
County, Illinois.
The property is commonly
known
to
the Illinois
Environmental
Protection
Agency
as
Foosland/Marrs,
Jason-30E
CR
3050N.
2.
That said
facility is an open
dump operating
without an Illinois
Environmental
Protection
Agency Operating Permit
and is
designated with Site
Code
No.
0198010002.
3.
That
Respondents
have owned and operated
said facility
at all times pertinent
hereto.
4.
That
on May 18, 2009,
Mike Mullins of
the Illinois Environmental
Protection
Agency’s
(“Illinois EPA”)
Champaign
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
I
6.
2o
, Illinois EPA sent this
Administrative
Citation via
Certified
7Oc7 3Ooob
Yz.t434
-
Mail
No.
71
VIOLATIONS
Based
upon direct
observations
made by Mike Mullins
during the
course of his May
18, 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)(l)
(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 5I21)(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 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 August
3, 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
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)
(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
statutoiy 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.
V
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.
Date:
Douglas4D.
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
EcEgvD
CLRR’S
OF1CE
JUN
182009
REMITTANCE FORM
STATE
OF
ILLINOIS
Pollution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No. 130-09-AC)
JASON D.
&
ANGELA
R. MRRS
dibla
)
MARRS
HAULING,
LANDSCAPING
&
)
MORE,
)
Respondents.
)
FACILITY:
Foosland/Marrs,
Jason-30E
CR 3050N
SITE
CODE NO.:
0198010002
COUNTY:
Champaign
CIVIL
PENALTY:
$3,000.00
DATE OF INSPECTION:
May
18, 2009
DATE
REMITTED:
55/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
JUN
18
2Og
IN
THE
MATTER
OF:
Lito,s
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
MARRS
HAULING
LANDSCAPING
AND
MORE
JASON
D.
MARRS
AND
ANGELA
R.
MARRS
)
Respondent,
Affiant,
Mike
Mullins,
being first
duly sworn,
voluntarily
deposes
and
states as follows:
1. Affiant
is
a
field
inspector
employed
by the Land
Pollution
Control Division
ofthe
Illinois
Environmental
Protection
Agency
and has
been
so
employed
at
all
times
pertinent
hereto.
2. On
May 18,
2009, between
1:00 P.M.
and 1:15
P.M.,
Affiant
conducted
an inspection
of
the
site
in
Champaign
County,
Illinois,
known
as
the Marrs,
Jason
— 30E
CR
3050N,
Illinois
Environmental
Protection
Agency
Site
No.
0198010002.
3. Afliant
inspected
said Marrs,
Jason
— 30E
CR
3050N site
from
off-site
by
walking the
perimeter
of the
site while
remaining
outside
the
property’s
fence.
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
ofAffiant’s
knowledge
and
belief, is
an accurate
representation
of
Affiant’s
observations
and factual
conclusions
with
respect
to
the Marrs,
Jason — 30E
CR 3050N.,
30E
CR
3050N, Foosland
Illinois
site.
Subscribed
and
Sworn
to before
me
this
j
dayof—..iU’fl
2009.
Notary
Public
ILLiNOIS
ENVIRONMENTAL
PROTECTION
AGENCY
AFFIDAVIT
)
)
)
)
)
IEPA
DOCKET
NO.
)
)
)
)
Mike
Mullins
OFFICIAL
SEAL
SHARON
L
BARGER
NOTARY
PUBUC
-STATE
OF
ILUNOIS
MY
COMMISSION
EXPIRES:09/16110
‘VED
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGE
SOFPICE
Open
Dump Inspection
Checklist
JUN
182009
STATE
OF
ILL
County:
Champaign
LPC#:
0198010002
Location/Site
Name:
Foosland/Marrs,
Jason-30E
CR 3050N
Date:
05/18/2009
Time:
From
1:00
P.M
To
1:15 P.M
Previous
Inspection
Date:
03/11/2009
Inspector(s):
Mike
Mullins
Weather:
Clear
Sky,
75 degrees,
wet
soils
No. of Photos
Taken:
#
4
Est. Amt. of
Waste:
30
yds
3
Samples
Taken:
Yes
#
No
Interviewed:
No
One
Complaint
#:
Latitude:
N40.31
872
Longitude:
W88.45438
Collection Point
Description:
Main Gate
- +1- 20’
(Example:
Lat.:
41 .26493
Long.:
-89.38294)
CoNection Method:
GPS
- Garmin
Jason
Marrs
Responsible
Party
30E CR
3050N
Mailing Address(es)
/
and
Phone Number(s)
Foosland,
IL 61845
217/202-8270
/
SECTION
DESCRIPTION
[
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN
OR ALLOW
AIR POLLUTION
IN
ILLINOIS
El
2.
9(c)
CAUSE
OR ALLOW
OPEN
BURNING
El
3.
12(a)
CAUSE,
THREATEN
OR ALLOW
WATER
POLLUTION
IN
ILLINOIS
El
4.
12(d)
CREATE A
WATER
POLLUTION
HAZARD
El
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
ATITO
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
El
(3)
Open Burning
El
(4)
Deposition
of Waste
in Standing
or Flowing
Waters
El
(5)
Proliferation
of Disease
Vectors
El
(6)
Standing
or Flowing
Liquid Discharge
from
the Dump
Site
El
Revised
10/5/2005
(Open
Dump
- 1)
LPC#
0198010002
Inspection Date:
05/18/2009
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
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.
81 2.101 (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
OTHER
REQUIREMENTS
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
14.
CASE
NUMBER:
ORDER ENTERED
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 Ill. Adm. Code, Subtitle
G.
3.
Statutory and
regulatory references herein are
provided for convenience
only and should
not be construed
as legal
conclusions
of the Agency or as limiting the Agency’s statutory or regulatory
powers.
Requirements
of some
statutes
and
regulations
cited are
in summary format.
Full text of requirements can
be found in references
listed
in 1. and
2.
above.
4.
The
provisions of subsection (p) of Section 21 of the [Illinois] Environmental
Protection
Act shall
be enforceable
either
by
administrative citation
under Section 31.1 of
the
Act
or by complaint under
Section 31 of the
Act.
5.
This inspection
was conducted in accordance with Sections
4(c) and 4(d) of the [Illinois]
Environmental
Protection
Act:
415 ILCS 5/4(c)
and (d).
6.
Items
marked with
an “NE” were not evaluated
at
the time of this inspection.
Revised 10/5/2005
(Open Dump - 2)
Illinois
Environmental
Protection Agency
Bureau
of Land*Fieid
Operations Section.Champaign
0198010002--Champaign
County
Foosland/Marrs,
Jason-30E
CR 3050N
Inspection
Date: May 18, 2009
Inspector: Mike Mullins
FOS File
General Comments:
Ownership: Confirmed. The
Champaign County Planning & Zoning confirmed the
ownership
to be Jason D. Marrs and
Angela R. Marrs by deed
2008R08837.
History:
The
Champaign Regional Office received
prior citizen’s complaints of
open dumping and
open burning of debris to include
furniture
and dimensional lumber. Complaint
number
C08-
1
76-CH was investigated on June 20, 2008.
A subsequent telephone
conversation between
Mr.
Marrs and Rich Gerard,
Manager, Bureau
of Land Champaign discovered that Mr. Marrs
is
in the business of hauling
and disposing of waste for hire and that Mr. Marrs also operates a
landscaping
business. Mr. Marrs stated
that he did not haul any waste to his residence
for
disposal by burning; he
stated that he takes landscape waste to the compost facility in Urbana
and takes other waste
to either the transfer
station in Urbana or to a dumpster at
his
business.
The findings and result of this
complaint investigation was that burning had occurred west of
the house in
the yard at this residence and
a letter was sent to Mr.
Marrs outlining what could
and could not be done
at
his
residence in reference to burning of wastes.
Apparently burning
continued after the letter
because the Champaign County
Zoning Office
notified the
Champaign Regional Office that
several complaints had been
received
by
their
office in July 2008.
On July
28
th
2008 the Champaign
Regional Office received an additional complaint of open
burning of refuse hauled to the property.
The refuse allegedly contained furniture,
plastic,
black garbage
bags,
a mattress and landscape
waste. Complaint #C09-0
11 -CH was assigned
this complaint.
An October 20, 2008 re-inspection
found that the alleged dumping and burning had ceased
and
the
property
was found to be in compliance
with regulations and the
Illinois
Environmental
Protection
Act.
Information received
from Champaign
County
Zoning Department on or about January
20,
2009 was that the house
on this property had burned
on or about
December 23, 2008.
A March 11, 2009 complaint investigation
for open dumping of approximately 30 cubic yards
of cardboard, paper, plastic,
metal, garbage bags with possible garbage, dimensional lumber
and landscape waste
on
the
property
in
the
northwest corner of
the
yard. Observed
during
the
investigation
were
vehicle tracks in
the muddy yard where
the vehicle entered
the
south
gate
and
traveled
to
the
northwest
corner
of the yard near the
debris
pile.
An Administrative
Citation
Warning
Notice
was
sent on April 8, 2009
indicting
alleged
violations
of open
dumping with
litter and
a
suspense
date of May
15
th,
2009 to resolve
the violations.
The
purpose
of this inspection
was to detennine
regulatory status
and evaluate compliance
with
the
Environmental Protection
Act (Act) and
Title 35 Illinois
Administrative
Code,
Subtitle
G:
Land Pollution (Regulations).
May
18, 2009 Observations:
A re-inspection
of this property
was conducted on May
18
th,
2009
to confirm
that
violations
had been
resolved. Upon arrival
at the property, I
observed debris
in the northwest
corner
of
the
fenced
property located
at 30 CR 3050N.
The waste appeared
to be the
same waste
observed
during the March
11, 2009 investigation.
I observed a posted
No Trespassing
and fenced
yard with
the residue
of a white
two story
house
at the corner of 3050
North and a private
lane on
the
east side of the
property.
Observed
about
75 feet
northwest of the
house
debris
and in the yard
was a large area
that
had sparse
vegetation.
Piled in this
area was approximately
30 cubic yards
of cardboard,
paper,
plastic,
metal, garbage
bags
with possible garbage,
dimensional
lumber
and
landscape
waste
(2,3,4).
Ilefttheareaat
1:15p.m.
Apparent
violations observed
during this
inspection:
Environmental
Protection
Act. 415
ILCS 5/1
et. Seq. (formerly Ill.
Rev.
Stat. Ch.
1111/2,
1001 et.
Seq.)
{hereinafter
call
the “Act”}
#1
Pursuant
to Section 2 1(a) of the
Act, no person shall
cause or allow
the
open
dumping
of any waste.
A
violation
of Section 2 1(a) is alleged
for the following
reason:
evidence of
open
dumping of waste,
including cardboard,
paper,
plastic,
metal, garbage
bags
with
possible garbage,
landscape
waste and
dimensional
were observed
during
the
inspection.
#2
Pursuant to Section 21
(d)( 1) of the Act, no
person
shall
conduct any
waste-storage,
waste-treatment,
or waste-disposal operation
without
a permit granted
by the Agency.
A violation of Section
21 (d)( 1) is alleged
for the
following
reason: waste
disposal
and/or
storage
operation
was conducted without
a
permit
granted
by
the
Agency.
2
#4
Pursuant
to
Section
21(e)
of
the
Act.
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
the
Act
and
of
Regulations
and
Standards
thereunder.
A
violation
of
Section
21(e)
is
alleged
for
the
following
reason:
Wastes
were
being
disposed
of
at
this
facility
which
does
not
meet
the
requirements
of
the
Act
and
regulations
&
standards
thereunder.
#5
Pursuant
to
Section
21(p)(1)
of
the
Act,
no
one
shall
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:
evidence
of
open
dumping
resulting
in
litter
was
observed
during
the
inspection.
#6
Pursuant
to
Section
21
(p)(
7
)
of
the
Act.
No
person
shall
cause
or
allow
the
open
dumping
of
any
waste
in
a
manner
which
results
in
the
deposition
of
general
construction
or
demolition
debris;
or
clean
construction
or
demolition
debris.
A
violation
of
Section
21
(p)(
7
)
is
alleged
for
the
following
reason:
Evidence
of
open
dumping
of
wastes
resulting
in
the
deposition
of
general
demolition/construction
debris
was
observed
during
the
inspection
of
this
site.
35
Illinois
Administrative
Code.
(Title
35:
Environmental
Protection,
Subtitle
G:
Waste
Disposal,
Chapter
I:
Pollution
Control
Board)
[Regulations]
#7
Pursuant
to
35
Iii.
Adm
Code
812.101(a),
All
persons,
except
those
specifically
exempted
by
Section
2
1(d)
of
the
Environmental
Protection
Act
(Act)
(Ill.
Rev.
Stat.
1991,
ch.
111
72,
par.
1021(d))
[415
ILCS
5/21(d)],
shall
submit
to
the
Agency
an
application
for
a
permit
to
develop
and
operate
a
landfill.
The
application
must
contain
the
information
required
by
this
Subpart
and
by
Section
39(a)
of
the
Act,
except
as
otherwise
provided
in
35
Iii.
Adm.
Code
817.
A
violation
of
35
Ill.
Adm.
Code
812.101(a)
is
alleged
for
the
following
reason:
This
waste
management
site
has
not
submitted
an
application
to
the
Agency
for
a
permit
to
develop
and
operate
a
landfill.
3
Farm Field
Site
Photos
Photos 1-4
@
1:09-1:11 pm
N40.3 1872
W88.4543
8
Arrows indicated direction
and
Illinois
Environmental
Protection
Agency
Foosland/Marrs,
Jason — 30E CR
3050N
LPC # 0198010002--Champaign
County
Site
Map
Insp. Date 5/ 18/ 2009
Neighbor house
I
I
I
I
II
I
I
— —
—
Shed
— farae
Neighbor
I
________
house
I
Fenced Yard
_______
II
I
II
I
I
I
II
II
‘House
‘Burned
II
I
I
I
I
debris
I
I
II
II
I
1.
3050 North County Rd
N
Exposure
#:
001
Comments:
Date:
May
18,
2009
Time:
1:10
p.m.
Direction:
West
Photo
by:
Mike
Mullins
Exposure
#:
002
Comments:
Page
1
of
2
Exposure
#:
003
Comments:
Date:
May
18,
2009
Time:
1:11
p.m.
Direction:
Southeast
Photo
by:
Mike
Mullins
Exposure
#:
004
Comments:
Page
2
of
2
AFFIDAVIT,
and
OPEN
DUMP
INSPECTION
CHECKLIST
To:
Jason
D.
Marrs
&
Angela
R.
Marrs
Marrs
Hauling,
Landscaping
&
More
30
C.R.
3050N
30
C.R.
3050N
Foosland,
IL
61845
Foosland,
IL
61845
and
the
original
and
nine
(9)
true
and
correctcopies
of
the
same
foregoing
instruments
on
thesame
date
by
Certified
Mail,
Return
Receipt
Requested,
with
postage
thereon
fully
prepaid
To:
John
Therriault,
Clerk
fl
Pollution
Control
Board
L’
/
C/Al
,i
James
R.
Thompson
Center
I
V
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
Michell
M.
Ryan
Assistant
Counsel
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
