RECE~VED
CLERK’S OFFICE
FEB
102005
STATE OF ILLINOIS
PoHution Control Bo~rd
INFORMATIONAL
NOTICE!!!
~‘5
IT
IS
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.
Acopy 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 BOARDR E C E
~V E D
CLERK’S OFFICE
).
)
(IEPA No. 33-05-AC)
FEB
102005
NOTICE OF FILING
To:
Ray Logsdon Estate
do John Logsdon
617 W. Main Street
Beardstown,.Illinois
62618
M.K.
O’Hara Construction,
Inc.
do Madalyn O’Hara, President
U.S. Highway 67 South
R.R.#2,Box
104
Beardstown, illinois 62618
•
Logsdon
Sand and
Gravel
300 W. Main Street
P.O.
Box 319
•
•Beardstown, Illinois 62618
Craig Myers, Registered Agent
M.K.
O’Hara Construction,
Inc.
900
E.
15th
Street, P.O. Box 139
Beardstown, Illinois
62618
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
ControlBoard
ofthe State ofIllinois the following instrument(s) entitIèdADMINTSTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(2 17) 782-5544
Dated:
February
8, 2005
Resppctfully submitted,
~
Jat$és M. Kropid
Srcial Assistant Attorney General
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
V.
)
RAY
LOGSDON
ESTATE,
LOGSDON
SAND
and GRAVEL, and M.K. O’HARA
CONSTRUCTION,
INC.,
)
)
Respondents.
)
STATE OF ILLINOIS
14Poflution
Control Board
THIS FILING SUBMITFED ONRECYCLED PAPER
RECE~VED
BEFORE
THE ILLINOIS
POLLUTION CONTROL BOARSLERKS OFFICE
ADMINISTRATIVE CITATION
•
FEB
102005
•
•
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
•
)
AC
~
V.
•
)
(IEPA No. 33-05-AC)
)
RAY LOGSDON
ESTATE,
LOGSDON
SAND and GRAVEL,
and
M.K. O’HARA
)
CONSTRUCTION, INC.,
•
)
Respondents.
•
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency by Section 31.1
ofthe Illinois Environmental
Protection Act, 415
ILCS
5/31.1
(2002).
FACTS
•
1.
That Ray Logsdon Estate is the present owner and Logsdan Sand
and Gravel and
M.K. O’Hara Construction,
Inc. are the operators
(collectively “Respondents”) ofa facility that is
located just
south
of the
Logsdon
Sand
and
Gravel
which
is
located
at
300
W.
Main
Street,
Beardstown,
Cass County, Illinois.
The property is commonly known to the
Illinois Environmental
Protection Agency as BeardstoWn/Logsdon Sand and Gravel.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency Operating Permit and
is designated with
Site Code
No. 0178020009.
3.
That Respondents
have owned and/or operated said
facility at
all times
pertinent
hereto.
•
1
4.
That on
January
December:15,
2004,
Charlie
King
of the
Illinois
Environmental
Protection Agency’s Springfield Regional
Office inspected the above-described facility.
A copy of
the inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based
upon direct observations made by Charlie King during the course ofhis December 15,
2004
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
5121(p)(1)
(2002).
(2)
That
Respondents caused
or allowed
the open
dumping
of waste
in
a
manner
•
•
resulting
in deposition ofwaste
in standing or flowing waters, a violation of Section
21(p)(4) of the Act, 415
ILCS
5121(p)(4)
(2002).
(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 ordemolition debris,
a violation of Section 21 (p)(7) ofthe Act, 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), Respondents are
subject to
a
civil
penalty
of One Thousand
Five
Hundred
Dollars
($1,500.00) foreach
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
specified above shall be due and payable no later than March 1,2005, unless otherwise provided by
2
order of the Illinois Pollution Control
Board.
IfRespondents 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(2002), and if the Illinois
Pollution Control Board issues a finding ofviolation as alleged herein, afteran 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) ofthe Act, 415
ILCS 5/31.1 (d)(1) (2002), if Respondents fail
to petition or elect not to petition the Illinois
Pollution Control Board for review ofthis 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,
Respondents’
check
shall
be
made
payable
to
the
Illinois
Environmental
PrOtection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection
Agency, lO2lNorth
GrandAvenue 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 ofthe
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 paymeht is
received.
The
Office of the
Illinois
Attorney General may
be requested
to
initiate
proceedings
against Respondents
in Circuit Court to
collectsaid 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
ofthe Act, 415
ILCS 5/31/1
(2002).
If Respondents elect to contest
this Administrative Citation, then Respondents shall file a Petition for Review, including a Notice of
Filing, Certificate of Service, and Notice ofAppearance, with the Clerk ofthe Illinois Pollution Control
Board, State ofIllinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois 60601.
A copy of
said
Petition for Reviewshall 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
ofthe Act provides that any Petition for Review shall be filed within thirty-five (35)days
ofthe date of service ofthis Administrative
Citation orthe Illinois Pollution Control Board shall enter
a
default judgment against the Respondent.
F?e~t.L~t
C_~.Pjfrt.tOh.~.ll.4
Date:
Renee
Cipriano, Director
4~
~
Illinois
Environmental ProtectioTh 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
RECE
WED
REMITTANCE
FORM
CLERK’S
OFFICE
•
•
FEB1O2005
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY
)
STATE OF ILLINOIS
)
•~
~oIIutton
Control
Board
Complainant,
)
AC
~S
)
V.
•
)
(IEPA No.
33-05-AC)
)
RAY LOGSDON
ESTATE,
LOGSDON
)
SAND and
GRAVEL,
and M.K.
O’HARA
)
CONSTRUCTION,
INC.,
•
)
)
Respondents.
•
FACILITY:
Beardstown/Logsdon Sand and
Gravel
SITE CODE
NO.:
0178020009
COUNTY:
Cass
CIVIL PENALTY:
$4,500.00
DATE OF
INSPECTION:
December 15, 2004
DATE REMITTED:
SS/FEIN
NUMBER:
•
•
•
SIGNATURE:
NOTE
•
•
•
Please enter the
date of your remittance,
your Social
Security number (SS)
if
an
individual
or
Federal Employer Identification Number (FEIN) if acorporation, 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
Open Dump
Inspection Checklist
County:
Cass
Location/Site Name:
Date:
12/15/2004
Time:
From
1305
To
Inspector(s):
Charlie
King
and David
C. Jansen
No. of Photos Taken:
#
14
Est. Amt. of Waste:
Interviewed:
None
1340
Previous Inspection Date:
10/20/2004
Weather:
Prtly._CIdy.,_25_deg.
F. Winds S
©
15
mph.
103
yds3
Samples Taken:
Yes #
No
~
Complaint #:
None
—
Referred by BOA
Responsible Party
Mailing Address(es):
and
Phone
Number(s):
Logsdon
Sand
and Gravel
ATTN:
Mr. Troy Logsdon
300 W.
Main
St.,
P.
0.
Box 319
Beardstown,
IL
62618
217/323-1565 or 217/370-7739
JFkN
~
~.ç
~
SECTION
DESCRIPTION
IEPA—BOJi
VIOL
1
~
~
~
~
~
~
~w
!I~IL~S ~Ra~
P4~OTECTION
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN
ILLINOIS
Li
2.
9(c)
CAUSE OR ALLOW OPEN
BURNING
Li
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
~J
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
•
•
IZI
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
•
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
•
(2)
In Violation
of Any ReguIations or Standards Adopted by the Board
7.
•
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE
INTO THE
STATE AT/TO SITES
NOT MEETING REQUIREMENTS OF ACT
AND REGULATIONS
8.
21(p)
CAUSE OR ALLOW THE
OPEN
DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
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
(5)
Proliferation of Disease Vectors
Li
(6)
Standing or Flowing
Liquid Discharge from the Dump
Site
Li
LPC#:
0178020009
Beardstown/Logsdon Sand and Gravel
Region:
Springfield
M.
K.
O’Hara Construction,
Inc.
ATTN:
Mr,
Kenny O’Hara
•
RR 2,
Box
104,
Rt.
67 South~
Beardstown
I~(~EjVED
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0178020009
Inspection
Date:
12/15/2004
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
•
Demolition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
I
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
,
Li
F
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
10.
812.1 01 (a)
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE
DETERMINATION
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT,
UNIFORM WASTE PROGRAM
REGISTRATION AND
13.1809.302(a)
~gRMrr
AND/OR
MANIFEST
_______
___-
—
-__OTHER REQUIREMENTS
-____________
APPARENT VIOLATION OF:
(Lii)
PCB;
(LII)
CIRCUIT COURT
14.
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
~Iiih’1
~
Informational Notes
~ign&ure
of Inspector~~,,J
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 forconvenience only and should
not be construed as legal
conclusions
ofthe Agency or as
limiting the Agency’s statutory or regulatory powers.
Requirements ofsome 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
ofthe
Illinois
Environmental Protection Act shall be enforceable either
by
administrative citation
under Section
31.1
ofthe Act or by
complaint under Section
31
ofthe Act.
5.
This inspection was conducted
in accordance with Sections 4(c) and
4(d) ofthe Illinois
Environniental Protection Act:
415 ILCS
5/4(c) and
(d).
6.
Items marked with
an
“NE” were not evaluated at the time ofthis inspection.
Li
Revised 06/18/2001
(Open Dump -2)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM
DATE:
January 7, 2005
~
TO:
Land Division File
•
JAN 2’~
~
FROM:
Charlie King, DLPC/FOS
—
Springfield Region
SUBJECT:
LPC
#
0178020009
—
Cass County.
Beardstown/Logsdon Sand & Gravel
FOS File
NARRATIVE
RE-INSPECTION REPORT DOCUMENT
The purpose ofthis memorandum is to serve as the Narrative Re-Inspection Report
Document ofan inspection conducted at the subject site on December
15,
2004 from
approximately 1:05 p.m. until 1:40 p.m., by this author.
David C. Jànsen, Manager,
DLPC/FOS
—
Springfield Region, and Kristen Laughridge, Assistant Attorney General
(AAG), Illinois Attorney General’s Office (IAGO), accompanied me on the re-
inspection.
There-inspection was conducted to follow-up the October 20, 2004 site
inspection.
The re-inspection revealed that although the numerous truck loads ofbrick,
rock; dirt, and otherwastes that were observed during the October 20, 2004 inspection
had been flattened out and/orremoved, numerous wastes were still present.
It should be noted that otherwastes were observed
at this site by this author on August
16, 2004~Those wastes consisted primarily ofwood and asphalt wastes, and were found
to be placed there by the City ofBeardstown’s Public Works Department.
The owners of
•
the site were found to have allowed the City to temporarily place the wastes there.
When
confronted, the City quickly cleaned up
the site and submitted copies ofreceipts
•
L
documenting proper cleanup.
The site was thenre-inspected on August 23, 2004.
Both
•
•
ofthese inspections were discussed in this author’s Narrative Inspection and Re-
•
inspection Report Document Memorandum to the LandDivision File, dated October
13,
2004.
The Illinois EPA subsequently sent a letter to both parties (LOgsdon Sand and
Gravel, and, the City ofBeardstown) dated October
15,
2004.
That letter acknowledged
that the site was cleaned up and mentioned that both parties stated that open dumping
would not occur again.
However, before that letter ‘~vas
received by the respondents, also
on or about October 15,2004, Mr. Troy Logsdon, one ofthe respondents, telephoned this
•
inspector and stated that he had received several loads ofdirt, asphalt and broken brick at
the
site, as planned.
These were the piles addressed previouslyin this report that were
•
observed on October 20, 2004.
He stated that it was for the development ofa truck and
•
semi-trailer holding area.
However, when he went down to inspect it, he found out that it
•
had metals and some other wastes strung throughout.
He stated that he would have to get
the contractor who placed it there to clean it up.
I agreed, and asked who that contractor
photo #
005.
Photo # 006 shows metal in standing water and ice, estimated to
measure
approximately 8’
x
3’ x 3’.
Moving to the south and southwest, photo # 007 shows the
flattened area ofthe
site.
Concrete nearby was observed.
Some chunks had protruding
rebar, as shown in photo # 008.
A busted toilet and a car battery were also observed in
that approximately 3’ x 2’ x 2’ area, shown in photo # 009.
Just southeast ofthat area,
large tractor and car tires were observed, as was dumped corn and metal culvert pipes as
shown in photo # 010.
In total, six tractor tires (including three on the north side ofthe
access road) and thre.e car tires were observed.
Pieces ofshingles and processed wood
were observed in an area approximately
15’
x 6’ x 2’, shown in photo # 011.
An old
metal hopper was also observed on its side in standing water and ice, shown in photo #
012.
It measured approximately
12’ x 6’ x 6’.
Photo # 013
shows fill placed on the
ground up to water that connects with the Illinois River in the background.
The purpose
ofthis photo is to show the proximity ofthe river to the site.
During periods ofhigh
water, this area undoubtedly floods.
Back towards the east and northeast, stacks ofmetal
and wood ~itilitypoles are shown in photo # 014.
There were two stacks of metals like
the
one shown in the photograph, perpendicular to each other.
Bach one measured
approximately
15’
x 8’ x
5’.
There were
10 poles measuring on average, approximately
15’x2’x2’.
•
During the inspection,
apparent violations ofthe Illinois Environmental Protection Act
(Act)
and theregulations, Title
35,
Illinois Administrative Code,
Subtitle G
(35
JAC)
were observed and are alleged.
Those apparent violations ofthe Act are Sections:
12(a),
12(d), 21(a), 21(d)(1), 21(d)(2), 21(e), 2l(p)(l), 21Q)(4), 21(7) and
55(a)(1).
An
apparent violation ofthe regulations, 35 JAC, is Section 812.101(a).
The Open Dump
Inspection checklist that accompanies this report provides additional details.
OTHER COMMENTS
1.
Troy Logsdon agreedto telephone this author and inform me when Kenny O’Hara
returned to clean up
the multiple rock piles ofmetals,
wood and other wastes.
However,
no such telephone call was received.
2. The total amount ofwastes that were observed
at this
site during the re-inspection
comprised approximately
103 cu. yds.
That waste volume was calculated as follows:
Waste
Description
Size
of Waste Area
Totals
Shingles and wood
•
15’
x
6’
x
2’
•
180
Metalhopper
•
12’x6’x6’
•
=
•
432
Large metal units
15’
x 8’ x
5’
x 2 units
•
1200
Utility poles
15’
x 2’ x 2’ x
10 units=
•
600
Miscellaneous rebar
•
5’
x 2’ x
2
20
Bumedrefusenortheastside
•
5’x3’x2’
•
•
•
•
30
Other miscellaneous wastes
15’
x 6’ x 2’
180
Metals in water
(northeast)
8’ x
3’. x 3’
•
72
Toilet and car battery
•
3’ x 2’ x 2’
•
.
12
3
Illinois
River
U,
S. Rte. 67
5:\
8~
•
.
SITE SKETCH
Site name:
Beardstown/Logsdon Sand and Gravel
County:
Cass
LPC #:
0178020009
Date:
December 15, 2004
Inspector:
Charlie King
•
Time:
1:05 p.m.
—
1:40 p.m.
A
digital camera was usedfor the Inspection photos.
Distances are approximate
—
Not drawn to scale
3
12
N
13
LEGEND
2—~
-
Denotes location and direction ofphoto;
U. S. Route 67
•
Illinois Environmental Protection Agency
•
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 0178020009
—
Cass County
Beardstown!Logsdon Sand and Gravel
FOS
File
Date:
December
15,
2004
Time: 1:05 p.m.
Direction:
ElSE
Photo
by:
Charlie King
Exposure #: 001
Comments:
This area
is
where numerous
piles
ofbrick, wood
and metals were
observed duringthe
previous site
inspection
on October
20,2004. This part of
the site
is now mostly
flat.
Date:
December 15,
2004
Time:
1:06p.m.
Direction: S
Photo by:
Charlie King
Exposure #:
002
Comments:
This shows
more of the site, now
mostly flat.
File Names: Ol78020009I2152004—-Exp.
#~.jpg
Page
1
of 7
Protection Agency
Illinois ~nvIronmAP~’
~
Bureau of Land
Division of Land Pollution Control
LPC # 0178020009
—•
Cass County
BeardstownlLogsdon Sand. and Gravel
FOS File
Date:
December 15,
2004
Time: 1:09 p.m.
Direction:
NE
Photo by:
Charlie King
Exposure #: 003
Comments:
A few of
the rock piles (rocks,
bricks,dirt), were left
behind and
not
flattened, as shown.
The access road is
showit
Dätè:
December 15,
2004.
Time:
1:10p.m.
Direction:
N
Photo by: Charlie King
Exposure #:
004
Comments:
Burned
general household
refuse, wood, cans, a
fuel filter, glass and
bottles were observed
in an area measuring
approximately 5’x3’x2’.
DIGITAL PHOTOGRAPHS
File
Names: 0178020009121 52004—-(Exp. #.jpg
Page 2
of 7
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0178020009
—
Cass County
BeardstownlLogsdon Sand and Gravel
FOS File
Date:
December 15,
2004
Time: 1:13 p~m.
Direction:
EINE
Photo by: Charlie King
Exposure #:
005
Comments:
Processed
wood wastes
in
standing water and ice,
are shown.
This waste
area measured
approximately 2’ x 2’ x
~1’.
Date:
December 15,
2004
Time:
1:16p.m.
Direction:
N/NE
Photo by: Charlie King
Exposure #:
006
Comments:
This metal
was observed in
standing water and ice.
It was estimated to
measure approximately
8’ x 3’ x 3’.
DIGITAL PHOTOGRAPHS
File Names: 017802000912152004—-Exp.
#.jpg
Page
3 of 7
Illinois Environmental Protection Agency
•
LPC #0178020009
—
Cass
County
Bureau of Land
BeardstownlLogsdon Sand and Gravel
Division of Land Pollution Control
•
FOS File
DIGITAL PHOTOGRAPHS•
Date:
December 15,
2004
Time: 1:18 p.m.
Direction:
NE
Photo by: Charlie King
Exposure #: 007
Comments:
This
photo, taken from the
southwest area of the
site, shOWsan
overview of the
flattened area.
Date:
December15,
2004
Time:
1:19p.m.
Direction:.
SW
Photo by: Charlie King
Exposure #: 008
Comments: Concrete
chunks, some with
protruding rebar, are
shown.
File
Names: 0178020009121
52004—-Exp.
#~.jpg
Page
4 of
7
•
•
Illinois Environmental
Protection Agency
•
LPC # 0178020009
—
Cass County
Bureau of Land
BeardstownlLogsdon Sand and Gravel
Division of
Land Pollution Control
•
FOS File
DIGITAL PHOTOGRAPHS
Date:
December 15,
2004
Time: 1:20p.m.
Direction: S
Photo by: Charlie King
Exposure #: 009
Comments:
A toilet
and
a car battery are
shown, measuring
approximately 3’ x 2’ x
2’.
Date:
December 15,
2004.
Time:
1:21 p.m.
Direction: S
Photo by: Charlie King
Exposure#:
010
Comments:
Large used
tires, spilled or
dumped corn and
apparent metal
conduits or culvert
pipes are shown.
File Names: 0178020009121 52004—-Exp.
#J.jpg
Page
5
of
7
Illinois
Environmental Protection Agency
LPC # 0178020009
—
Cass County
•
Bureau of Land
Beardstown/Logsdon Sand and Gravel
Division of Land Pollution Control
•
FOS File
•
DIGITAL PHOTOGRAPHS
Date:
December 15,
2004
Time:
1:21 p.m.
Direction: S
Photo by:
Charlie King
Exposure #: 011
Comments:
Pieces of
shingles and
processed wood are
shown in an area that
measured
approximately 15’ x 6’ x
2’.
Date:
December 15,
2004
Time:
1:24 p.m.
Direction: SE
Photo by:
Charlie King
Exposure#:
012
Comments:
An old
metal hopper is shown
in
standing water and
ice.
It measured
approximately 12’ x
6’ x
6’.
File Names: 0178020009121 52004—-(Exp. #1.jpg
Page
6
of
7
Illinois Environmental Protection Agency
Bureau of Land
Division
of Land Pollution Control
•
DIGITAL PHOTOGRAPHS
LPC #0178020009
—
Cass County
Beardstown/Logsdon
Sand
and Gravel
•
FOS File
Date:
December 15,
2004
Time: 1:25 p.m.
Direction: W
Photo by:
Charlie King
Exposure#: 013
Comments:
This photo
shows fill
placed on
the ground up to water
that connects with the
Illinois
River in the
background.
• Date:
Deóember 15,
2004
Time:
1:27 p.m.
Direction: NE
Photo by:
Charlie King
Exposure #: 014
Comments: Stacks of
metal and wood utility
poles are shown.
There were
two
stacks
of metals like the one
shown, perpendicular
to each other.
Each
one measured
approximately 15’ x 8’ x
5’.
There were 10 poles
measuring on average
approximately 15’ x 2’ x
2’.
File Names: 0178020009121 52004—-Exp.
#.jpg
Page
7
of
7
Illinois Route
67 bridge
Location of
open dumped
waste on
Logsdon
property
LPC # 0178020009
Cass
County
Beardstown!Logsdon
Sand
&
Gravel
FOS File
4/5/98
USGS
aerialphoto
I-
-~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN
THE MATTER OF:
)
)
Illinois Environmental
)
Protection Agency
)
)
vs.
)
IEPA DOCKET NO.
Ray Logsdon Estate,
)
Logsdon Sand and
Gravel, and,
)
M. K. O’Hara Construction, Inc.)
)
Respondents
)
Affiant, Charles
W.
King, Jr., being
first
duly sworn, voluntarily deposes and states as
follows:
1.
Affiant is a field inspector employed by the Division ofLand Pollution
Control/Field
Operations Section ofthe Illinois Environmental Protection Agency and has been so
employed at all times pertinent hereto.
2.
On December
15,
2005
between 1:05 PM and
1:40 PM, Affiant conducted an
inspection ofa disposal site operated without an Illinois Environmental Protection
Agency permit, located in Cass County, Illinois, and known
as
BeardstownlLogsdon
Sand and Gravel by the Illinois Environmental Protection Agency.
Said site has been
assigned site code number LPC# 0178020009 by the Illinois Environmental Protection
Agency.
3.
Affiant inspected said Beardstown/Logsdon Sand and Gravel by an on-site inspection,
which included walking and photographing the site.
4.
As a result ofthe 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
Affianfs knowledge and belief, is
an accurate representation ofAffiant’s
observations and
factual c
nclusions with respect to said Beardstown/Logsdon Sand and gravel open
dump.
~‘
Charles W. King, Jr.
Subscribed and Sworn To before me
ThisfrJyof~_~~1
~5
OFF~CI~L
SEAL
GHARLENE
~(.
POWELL
~
WOTANV
PLJBUC ~ITATE
OF
lLLlNO~S
Lj~~,omm.
Expires
March
15,
2008
PROOF OF SERVICE
I hereby certif~r
that I did on the
8th
day ofFebruary 2005,
send by Certified Mail, Return
Receipt Requested, with postage thereon fullyprepaid, by depositing in a United States Post Office
Box a true and correct copy ofthe followinginstrument(s) entitled ADMINISTRATIVE CITATION,
AFFiDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Ray Logsdon Estate
do John Logsdon
617 W.
Main Street
Beardstown~Illinois 62618
M.K.
O’Hara Construction,
Inc.
do Madalyn O’Hara, President
U.S. Highway 67 South
R.R. #2, Box
104
Beardstown, Illinois 62618
Logsdon Sand and Gravel
300 W.
Main Street
P.O.
Box 319
Beardstown, Illinois
62618
Craig Myers, Registered Agent
M.K.
O’Hara Construction, Inc.
900 E.
15th
Street, P.O. Box
139
Beardstown, Illinois
62618
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution
Control Board
James R. Thompson
Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217)
782-5544
M. Kropid
Assistant Attorney General
THIS FILiNG SUBMITTED ON RECYCLED PAPER
