RECEIVED
CLERI’S
OFFICE
DEC
2
92003
STATE OF IWNOIS
Pollution
Control Board
INFORMATIONAL NOTICE!!
IT !S
IMPORTANT THAT YOU READ THE
ENCLOSED DOCUMENTS.
NOTE:
This Administrative Citation refers to
TWO
separate State
of Illinois Agencies.
One
is the
ILLINOIS POLLUTION
CONTROL BOARD
located at State of Illinois Center,
100 West Randolph Street, Suite 11-500, Chicago, Illinois
60601.
The other state agency is the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
located at:
1021
North
Grand Avenue East,
P.O.
Box 19276,
Springfield,
Illinois 61794-9276.
If you elect to contest the enclosed Administrative citation, you must
file a
PETITION
FOR REVIEW
with thirty-five (35) days of the date
the Administrative Citation was served
upon you.
Any such Petition
for Review must be filed with the clerk of the
Illinois Pollution Control
Board by either hand delivering or mailing to the Board at the address
given
above.
A copy of the Petition for Review should
be either
hand-delivered or mailed to the Illinois Environmental
Protection
Agency at the address given above and should
be marked to the
ATTENTION: DIVISION OF LEGAL COUNSEL.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERK’S OFFICE
ADMINISTRATIVE CITATION
DEC
2
92003
STATE
OF IWNOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution
Control
Board
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(TEPA No. 759-03-AC)
)
ROSEMARY
PEHM,
)
)
Respondent.
)
NOTICE OF FILING
To:
Rosemary Pehm
1077 State Route 29
Henry,
illinois
61527
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
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:
December 23, 2003
THIS
FILING SUBMI1TED ON RECYCLED PAPER
e*T~U~D
CLERK~OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
DEC
2
92003
ADMINISTRATIVE CITATION
STATE OF
ILLINOiS
pollution
Control Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
O~r
)
v.
)
(IEPA No.759-03-AC)
)
ROSEMARY PEHM,
)
)
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
Rosemary
Pehm
(“Respondent”)
is the
present
owner of
a facility
located
approximately 3 miles south of the junction
of Route
18 and
Route 29
in
Henry, Marshall
County,
Illinois.
The
property
is
commonly known
to
the
Illinois
Environmental
Protection
Agency
as
Henry/Pehm 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.
1238035001.
3.
That Respondent has owned
and operated said facility at all times pertinent hereto.
4.
That on
November 26, 2003,
Jeffrey Port 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.
VIOLATIONS
Based upon direct observations made by Jeffrey Port during the course of his November26,
2003
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”) ~sfollows:
(1)
That
Respondent
caused
or
allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
litter,
a
violation
of
Section
2l(p)(l)
of the
Act, 415
ILCS 5/21(p)(1)
(2002).
(2)
That
Respondent
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 (p)(3)
(2002).
(3)
That
Respondent
caused
or
allowed
the
open
dumping
of waste
in
a
manner
resulting
in
deposition
of
general
construction
or
demolition
debris
or
clean
construction ordemolition debris, a violation of Section
21 (p)(7) of theAct, 415 ILCS
5/21 (p)(7) (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
Four Thousand
Five Hundred
Dollars
($4,500.00).
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
February
16,
2004,
unless otherwise
provided by order of the Illinois Pollution
Control Board.
2
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 adjudicatoryhearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protectibn 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.
Pursuantto Section 31.1(d)(1) of the Act, 415 ILCS 5/31.1(d)(1) (2002),
if Respondentfails
to petition orelects not to petition the Illinois Pollution Control Board for review of thisAdministrative
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.
Ifany civil penaltyand/or hearing costs are notpaid 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).
If 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 theAct 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.
-
___________________
Date:
t7_Iz~iO3
Renee Cipriano, Director
4~
~
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. 759-03-AC)
ROSEMARY PEHM,
)
)
Respondent.
)
FACILITY:
Henry/Pehm Property
SITE CODE
NO.:
1238035001
COUNTY:
Marshall
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION:
November 26, 2003
-
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
IEPA DOCKET NO.
RESPONDENT
Affiant, Jeff Port,
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 November 26,
2003,
between 9:48 AM and 10:20 AM,
Affiant conducted an inspection of the open dump in Marshall
County,
Illinois,
known as the Pehm property,
Illinois
Environmental Protection Agency Site No. 1238035001.
3.
Affiant inspected said Pehm property 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 Pehm property open dump.
Subscribed and Sworn to before
me this
JC~C
day ~
~
Notary Public
OFFICIAl.
SEAL
Barbara
F. Lindley
Notary
Public
State of Illinois
My Commissj()fl
Lxpires
8127/05
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Marshall
LPC#:
______________________________ Region:
3
-
Peoria
Location/Site Name:
Henry/Pehm Property
Date:
11/26/2003
Time:
From
9:48 AM
To
10:20
AM
Previous Inspection
Date:
11/26/2002
Inspector(s):
Jeff Port
Weather:
Sunny and
Cold
35 Degrees
F
No. of Photos Taken:
#
29
Est.
Amt. of Waste:
100
yds3
Samples Taken:
Yes #
Interviewed:
Fred Pehm
Complaint #:
C-01-039-P
Rilda Williams
Rose
Mary
Pehm
1077 State
Route 29
Henry,
IL
61527
(309)364-2011
No
~
SECTION
DESCRIPTION
J_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
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
4.
12(d)
-
CREATE AWATER POLLUTION HAZARD
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
El
(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
8.
21(p)
CAUSE OR ALLOW THE
OPEN
DUMPING OF
ANY
WASTE IN
A MANNER WHICH RESULTS
IN ANY
OF THE
FOLLOWING OCCURRENCES
AT THE DUMP SITE:
(1)
Litter
(2)
Scavenging
El
(3)
Open Burning
(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
1238035001
Responsible
Party
Mailing Address(es)
and
Phone
Number(s):
Revised 06/18/2001
(Open
Dump
-
1)
LPC#
1238035001
Inspection Date:
11/26/2003
~________
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolitirn DAhris
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
10.
.812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
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
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(1:1)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
•
815.201
Failure to file
an initial facility report with the Agency
to
provide
information concerning location
and
disposal
practices of the facili
Informational Notes
--~.
(~)
LPLA
~
signature
of
Inspector(s)
1.
Illinois
Environmental Protection Act: 415
LOS
5/4.
2.
Illinois Pollution
Control Board: 35
III. Adm. Code, Subtitle
G.
3.
Statutory and
regulatory references herein are provided fort-onvenience only and should
not be construed as legal
conclusions
of the Agency or as limiting
the Agency’s statutory or regulatory powers.
Requirements of some statutes
and regulations cited
are in summary format.
Full text of requirements can be found in references listed in
1.
and
2.
above.
4.
The provisions of subsection (p) of Section 21
of the Illinois
Environmental Protection Act shall be enforceable either
by administrative citation under Section 31.1
of the Act or by complaint under Section 31
of the Act.
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the Illinois
Environmental
Protection Act:
415
ILCS
5/4(c)
and (d).
6.
Items marked with
an “NE” were not evaluated at the time of this inspection.
Revised 06/18/200 1
(Open Dump
-
2)
1238035001
--
Marshall County
Henry/Pehm
Property
November 26, 2003
JeffPort
Page
1
Narrative
On November
26,
2003,
I (Jeff Port)
performed a
follow-up
inspection at the Rosemary Pehm
property located
on
the west side
of Route 29,
approximately
3
miles
south of the junction of
Route
18
and Route
29 in Henry.
The purpose of this inspection was to
determine if compliance
had been achieved with
respect to
the August
9, 2001
Administrative
Citation Warning Notice
(ACWN).
The
notice
was
sent
in
response
to
a
June
28,
2001
complaint
investigation
(Complaint
Number
C-01-039-P).
On
September
14,
2001,
the
Agency
sent
an
ACWN
compliance proposal acceptance letter, to
the property owner, Rose Mary Pehm.
This
letter w~s
in
response to
correspondence from
Mrs.
Pehm,
received by the Agency
on
August 30,
2001.
Based upon a March 22,
2002,
follow-up inspection, a continuing violations letter dated April
5,
2002 was sent to Mrs.
Pehm.
An additional follow-up
inspection was performed on November
26, 2002.
Based upon that inspection, a continuing violations letter dated December 9, 2002 was
sent to Mrs. Pehm.
I arrived at the northern dump site at approximately 9:48 AM.
I was accompanied by R.
Eugene
Figge, DLPC/FOS-Peoria.
The weather was sunny and cold, approximately 35 °F. No one was
present at this
location. I observed a pile ofwaste
dumped at the entrance to
the
site.
This pile
was not present during the previous inspection.
Photograph P1
shows this pile.
Photographs P2
through
P11
show
the
other piles
of waste
present
at the
site.
The
waste
material
included
landscape
waste,
construction
and
demolition
debris,
an
old
bathtub,
an
old
computer,
scrap
metal, white goods, and assorted domestic waste.
From
this
site,
we
proceeded
south
on
Route
29
to
the
Pehm’s
residences.
I
approached
Ms. Pehm’s trailer and knocked on the door.
A woman answered the door.
I asked to
speak with
Mrs.
Pehm.
The woman said the Mrs. Pehm was not home.
The woman said
that her name was
Patty Aneston.
I explained that I was following up on the clean up ofthe property.
Ms. Aneston
said that they had been working on getting it cleaned up.
I pointed out that it appeared that more
waste
had
been
burned
at
the
site
as
evident
of the
large
pile
to
the
north
of the
trailer.
Photographs
P13 through
P23
show
the waste in
and
around the burn pile.
It
appeared
that
a
mobile home had been burned,
as a twisted
metal frame was present.
It appeared
that the tires
-
had
been left on
the trailer
and
had
been burned.
Various
types of waste
were
present here.
They
included
scrap
metal,
demolition
debris,
white
goods,
landscape
waste,
and
domestic
waste.
Photograph P24 shows a pile ofdemolition debris near Mrs. Pehm’s trailer.
After photographing this
area,
we proceeded
to
Fred Pehm’s
trailer.
Photograph
P25 shows
a
ditch filled with water that appeared to
be coming from Mr. Pehm’s
trailer.
Piping led from the
trailer to the ditch.
A backhoe was observed adjacent to the ditch.
Photographs P26 through P28
show waste around the
ditch.
Photograph P29 shows a burn area where it appeared that domestic
waste had been burned.
As
we were
leaving
the
site,
a
car
approached.
Mr.
Pehm
and
Ms.
Williams
exited
the
car.
Mr.
Figge
and I
explained
that
we were
following
up
on
the clean up
of the
site.
Mr. Pehm
appeared angered and told us to
leave the property.
We began to enter our vehicle and Mr. Pehm
1238035001
--
Marshall County
Henry/Pehm
Property
November26, 2003
JeffPort
Page 2
approached us to
talk.
He said that he had
recently had knee surgery and was having problems
getting around.
He said that they had been attempting to
clean up the site.
I told Mr. Pehm that
it appeared that more waste was being burned.
Mr.
Pehm went on to say that he knew of several
people that were burning their waste.
I told Mr. Pehm that we would be willing to
investigate his
complaints.
Mr.
Pehm
stated that
people
were
continuing
to
dump
at
the
area north of the
trailers.
He
said
that
he
had
contacted
the
police
but
no
one
was
willing
to
help
him.
Ms.’Williams
asked what
else needed to
be done
at the
site.
I told her that they needed
to
stop
the burning and
that the waste needed to be
cleaned up
and
taken to
a landfill.
Mr.
Pehm
said
that he didn’t have the money to clean up the site.
I explained to Mr. Pehm that it had been over
two
years
since
my
initial
inspection
and
that
the violations
I
observed
originally
were
still
continuing.
After
further
discussion
with
Mr.
Pehm
and
Ms.
Williams,
we
left
the
site
at
10:20 AM.
Photograph
locations
are depicted
on
the
attached site map.
Based
upon
this
inspection,
the
following
apparent
violations
were
found
to
be
continuing
and
are
indicated
on
the
accompanying checklist.
1.
Pursuant
to
Section
9(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
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 ortend 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)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(a))
is
alleged for the following reason:
By
allowing
open burning
at the site,
you
caused air pollution in Illinois.
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;
except
that
the
Board
may
adopt
regulations permitting open burning ofrefuse in certain cases upon a finding that no harm
will result from such burning, or that any alternative method of disposing of such refuse
would create a safety hazard so extreme
as to justify the pollution
that would result from
such burning.
A
violation
of Section
9(c)
of the
Illinois
Environmental
Protection Act
(415
ILCS
5/9(c))
is
alleged for the following reason:
By
allowing
open burning
at the site,
you
caused air pollution in Illinois.
3.
Pursuant
to
Section
12(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/12(a)),
no person shall cause or threaten or allow the discharge ofany contaminants‘into
the
environment in
any State
so as to
cause or tend to
cause water pollution
in Illinois,
1238035001
--
Marshall County
Henry/Pehm
Property
November 26, 2003
JeffPort
Page
3
either
alone
or
in
combination
with
matter
from
other
sources,
or
so
as
to
violate
regulations
or standards adopted by the Pollution Control Board under this Act.
A violation of Section
12(a) of the
Illinois
Environmental
Protection Act
(415
ILCS
5/12(a))
is alleged for the following reason:
By allowing the accumulation of waste at
the
site,
you threatened water pollution in Illinois.
4.
Pursuant
to
Section
12(d)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/12(d)),
no
person
shall
deposit
any
contaminants
upon
the
land
in
such
place
and
manner so as to create a water pollution hazard.
A violation of Section
12(d) of the
Illinois
Environmental Protection
Act
(415
IILCS
5/12(d))
is
alleged for the following reason:
By allowing
the accumulation of waste at
the site, you created a water pollution hazard.
5.
Pursuant
to
Section
21(a)
of the
lllinois
Environmental
Protection
Act
(415
ILCS
5/21(a)), no person shall cause or allow the open dumping ofany waste.
A violation
of Section 21(a) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(a))
is
alleged for the following reason:
You caused or allowed the open dumping
of waste at the
site.
6.
Pursuant
to
Section
21(d)(2) of the
lllinois
Environmental
Protection
Act
(415
IILCS
5/21(d)(2)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or
waste-
disposal operation in violation ofany regulations or standards adopted by the Board under
this Act.
A violation of Section
21(d)(2)
is
alleged for the
following reason:
You
conducted
a
waste-disposal operation
in violation of Section
815.201
ofthe Regulations.
7.
Pursuant
to
Section
21(e)
of the
llhinois
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 ofthis Act and ofregulations and standards thereunder.
A violation of Section
2 1(e) of the
Illinois
Environmental Protection
Act
(415
ILCS
5/21(e)) is alleged for the following reason:
You conducted a waste-disposal operation
at
a
site
that
does
not
meet the
requirements
of Sections
9(a), 9(c),
12(a),
12(d),
21(a), and 21(d)(2) of the Act, and Section 815.201
of the Regulations.
8.
Pursuant
to
Section 2l(p)(l) of the
lllinois
Environmental Protection
Act
(415 ILCS
5/21(p)(l)), no person shall, in violation ofsubdivision (a) ofthis Section, cause or allow
the open dumping ofany waste in a manner which results in litter.
1238035001
--
Marshall County
HenryfPehm Property
November
26, 2003
Jeff Port
Page 4
The prohibitions spec~fled
in this subsection (p) shall be enforceable by theAgency either
by administrative citation under Section 31.1 of this Act or as otherwise provided by this
Act.
The specificprohibitions
in
this subsection
do
not
limit the power of the Board
to
establish regulations orstandards
applicable to
open dumping.
A violation of Section 21(p)(1) of the
Illinois
Environmental Protection Act (415 ILCS
5/2l(p)(l)) is alleged for the following reason:
The open dumping of
waste was caused
or allowed
in
a manner
which resulted in
litter.
9..
Pursuant
to
Section 21(p)(3) of the
Illinois
Environmental
Protection
Act
(415 ILCS
no person shall, in violation ofsubdivision (a) of this Section, cause or allow
the open dumping ofany waste in a manner which results in open burning.
A violation of Section 21(p)(3) ofthe
Illinois
Environmental Protection Act (415 ILCS
5/21
(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.
10.
Pursuant
to
Section 21(p)(7) of the
Illinois
Environmental
Protectipn Act
(415
ILCS
5/21(p)(7)),
no person shall, in violation of subdivision (a) ofthis
Section
21,
cause or
allow the open dumping of any waste in a manner which results in the 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) ofthis Act.
A violation’of Section 21(p)(7) ofthe
Illinois
Environmental Protection Act
(415 ILCS
S/2l(p)) is alleged for the following reason:
The open
dumping of waste
was
caused or
allowed
in
a
manner
resulting
in
the
deposition
of
general
construction
or
demolition
debris
or
clean construction or
demolition debris
as defined
by Section
3.160(b) of this Act.
11.
Pursuant
to
Section
55(a)(1)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/55(a)(1)),
no person shall cause or allow the open dumping ofany used or waste tire.
A violation ofSection
55(a)(1)
of the
Illinois
Environmental Protection Act
(415 ILCS
5/55(a)(1))
is
alleged
for
the following
reason:
You
allowed
the
open
dumping
of
waste tires at the site.
12.
Pursuant
to
Section
55(a)(2) of the
Illinois
Environmental
Protection Act
(415
ILCS
5/55(a)(2)),
no person shall cause or allow the open burning ofany used or waste tire.
1238035001
--
Marshall County
Henry/Pehm Property
November 26, 2003
JeffPort
Page
5
A
violation
of
Section
55(a)(2)
Illinois
Environmental
Protection
Act
(415
ILCS
5/55(a)(2))
is
alleged for the following reason:
You
allowed the open burning ofwaste
tires at the site.
13.
Pursuant
to
Section
815.201,
all
landfills
regulated under
this
Part
shall
file
an
initial
facility
report
wit
the
Agency
as
specified
in
the
Subpart
to
provide
information
concerning location and disposal practices ofthe facility.
A violation ofSection
815.201
is
alleged for the following reason:
You
did not provide
the Agency with an initial
facility report describing
location and disposal practices.
Ditch with
WastelBurn Pile
Rosemary Pehm
Mobile
Home
P11
Refrigerator
Shingles
Scrap Metal
-4-.
Not To Scale
1238035001
--
Marshall County
Pehm Property
FOS File
DATE:
November 26, 2003
TIME:
9:49AM
PHOTOGRAPHED BY:
Jeff
Port
DIRECTION:
Photograph taken
toward thenorthwest.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE NAME:
1238035001—4 1262003-001.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
9:49AM
PHOTOGRAPHED BY:
Jeff
Port
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE
NAME:
123803500
1-~1
1262003-002.jpg
COMMENTS:
DOCUMENT FILE
NAME:
1238035001-1 1262003 .doc
Site Photographs
Page
1
of
15
,‘
~-.-—~,~—-—
.~
.\
.‘.-~
_,_.—
~-T~
.—:;~“
-
‘.~
.
.-—---..
1238035001
--
Marshall County
Site Photographs
Pehm Property
Page 2 of 15
FOS File
DATE:
November 26, 2003
TIME:
9:49
AM
PHOTOGRAPHED BY:
Jeff Port
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME:
1238035001-11262003-003.jpg
COMMENTS:
DATE:
November 26,
2003
TIME:
9:50AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE
NAME:
1238035001—i1262003-004.jpg
COMMENTS:
DOCUMENT FILE
NAME:
1238035001—i1262003.doc
1238035001
--
Marshall County
Pehm Property
FOS File
DATE:
November 26, 2003
TIME:
9:50AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH
FILE
NAME:
1238035001—i1262003-005.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
9:50AM
PHOTOGRAPHED
BY:
Jeff
Port
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE
NAME:
1238035001—i 1262003-006.jpg
COMMENTS:
Site Photographs
Page 3
of 15
DOCUMENT FILE NAME:
1238035001—i 1262003.doc
1238035001
--
Marshall County
Site Photographs
Pehm Property
Page 4 of 15
FOS File
DATE:
November 26, 2003
TIME:
9:51AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION.:
Photographtaken
toward the southwest.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
1238035001—i1262003-007.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
9:51
AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE
NAME:
1238035001—i1262003-008.jpg
COMMENTS:
DOCUMENT
FILE NAME:
1238035001—i 1262003.doc
1238035001
--
Marshall County
Pehm Property
FOS File
DATE:
November26, 2003
TIME:
9:51
AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
towardthe northwest.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE NAME:
1238035001—i1262003-009.jpg
COMMENTS:
DATE:
November26, 2003
TIME:
9:52AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE NAME:
1238035001—i1262003-0i0.jpg
COMMENTS:
DOCUMENT FILE NAME:
1238035001—i1262003.doc
Site Photographs
Page 5 of 15
1238035001
--
Marshall County
Pehm Property
FOS File
DATE:
November26, 2003
TIME:
9:53AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE
NAME:
1238035001—i1262003-01 1.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
9:54AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the
northeast.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE
NAME:
1238035001—i1262003-0i2.jpg
COMMENTS:
Site Photographs
Page 6
of 15
DOCUMENT
FILE
NAME:
1238035001—i
i262003.doc
1238035001
--
Marshall County
Pehm Property
FOS File
DATE:
November 26, 2003
TIME:
10:00AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the
west.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILE NAME:
1238035001—ii262003-013.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
10:00AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
towardthe northwest.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH FILE NAME:
1238035001—i
i262003-014.jpg
COMMENTS:
Site Photographs
Page7of
15
DOCUMENT FILE NAME:
1238035001—i i262003.doc
1238035001
--
Marshall County
Pehm Property
FOS File
DATE:
November 26, 2003
TIME:
10:00AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
P’Iiotograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE NAME:
1238035001—i 1262003-015.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
10:00AM
PHOTOGRAPHED
BY:
Jeff
Port
DIRECTION:
Photograph taken
towardthe northwest.
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE NAME:
1238035001—i 1262003-Oi 6.jpg
COMMENTS:
DOCUMENT FILE NAME:
1238035001—ii262003.doc
Site Photographs
Page 8 of 15
~.-A--
-
1238035~01
--
Marshall County
Site Photographs
Pehm Property
Page 9 of 15
FOS
File
DATE:
November26, 2003
TIME:
10:00AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
towardthe north.
PHOTOGRAPH NUMBER:
17
PHOTOGRAPH FILE NAME:
1238035001—ii262003-017.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
10:01AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
18
PHOTOGRAPH FILE NAME:
1238035001—i i262003-0i8.jpg
COMMENTS:
DOCUMENT FILE NAME:
1238035001—i 1262003.doc
1238035001
--
Marshall County
Pehm Property
FOS
File
DATE:
November 26, 2003
TIME:
10:02AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
towardthe
northwest.
PHOTOGRAPH NUMBER:
19
PHOTOGRAPH FILE NAME:
1238035001—i i262003-019.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
10:02AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the
southwest.
PHOTOGRAPH NUMBER:
20
PHOTOGRAPH FILE
NAME:
1238035001—i
i262003-020.jpg
COMMENTS:
Site
Photographs
Page 10
of 15
DOCUMENT FILE
NAME:
1238035001—i i262003.doc
1238035001
--
Marshall County
Pehm Property
FOS File
DATE:
November 26, 2003
TIME:
10:03AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
21
PHOTOGRAPH FILE NAME:
1238035001—i 1262003-021.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
10:03AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph
taken
toward the northeast.
PHOTOGRAPH
NUMBER: 22
PHOTOGRAPH FILE NAME:
1238035001—ii262003-022.jpg
COMMENTS:
Site Photographs
PagelloflS
DOCUMENT FILE NAME:
1238035001—i 1262003.doc
1238035001
--
Marshall County
Pehm Property
FOS File
DATE:
1~ovember
26, 2003
TIME:
10:03 AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION: Photograph
taken
toward the
east.
PHOTOGRAPH NUMBER:
23
PHOTOGRAPH FILE
NAME:
1238035001—i1262003-023.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
10:04AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
towardthe southeast.
PHOTOGRAPH NUMBER: 24
PHOTOGRAPH FILE
NAME:
1238035001—i
i262003-024.jpg
COMMENTS:
DOCUMENT FILE NAME:
1238035001—ii262003.doc
Site Photographs
Page 12
of 15
1238035001
--
Marshall County
Site
Photographs
Pehm Property
Page 13
of 15
FOS File
DATE:
November 26, 2003
TIME:
10:06AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:~
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER: 25
PHOTOGRAPH FILE NAME:
1238035001—i1262003-025.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
10:06AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph
taken
toward
the west.
PHOTOGRAPH NUMBER:
26
PHOTOGRAPH FILE NAME:
1238035001—i 1262003-026.jpg
COMMENTS:
DOCUMENT FILE NAME:
1238035001—i1262003.doc
1238035001
--
Marshall County
Pehm Property
FOS
File
DATE:
November 26, 2003
TIME:
10:06AM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:•
Photograph taken
towardthe
northwest.
PHOTOGRAPH NUMBER:
27
PHOTOGRAPH FILE NAME:
1238035001—i i262003-027.jpg
COMMENTS:
DATE:
November 26, 2003
TIME:
10:07AM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph
taken
toward the
south.
PHOTOGRAPH NUMBER: 28
PHOTOGRAPH FILE NAME:
1238035001—i 1262003-028.jpg
COMMENTS:
DOCUMENT FILE NAME:
1238035001—ii262003.doc
Site Photographs
Page 14
of
15
