1. IT IS. IMPORTANT. THAT YOU. READ, THE ENCLOSED. DOCUMENTS.
  2. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
  3. Open Dump Inspection Checklist
      1. 2. 9(c) CAUSEOR ALLOW OPEN BURNING
      2. 3. 12(a) CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
      3. 4. 12(d) CREATE AWATER POLLUTION HAZARD
      4. 5. 21(a) CAUSE OR ALLOW OPEN DUMPING
      5. 8. 21(p)CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
      6. 812.101(a)
      7. 722.111
      8. 808.121
      9. HAZARDOUS WASTE DETERMINATION
      10. SPECIAL WASTE DETERMINATION
      11. ACCEPTANCE OFWASTE HAULING
      12. NSPORTER WITHOUT AREGISTRATION AND
      13. CASE_NUMBER: ORDER ENTERED_ON:
      14. 15. OTHER:
      15. Summary of Apparent Violations
      16. Gravel Driveway
  4. Bureau of Land
  5. Decatur/WalkerFOS File
    1. 1158165007—03082004-001.jpgCOMMENTS:
    2. 11581 65007—03082004-002.jpgCOMMENTS:
    3. Decatur/WalkerFOS File
    4. 11581 65007—03082004-003.jpgCOMMENTS:
    5. 11581 65007—03082004-004.jpgCOMMENTS:
    6. • Illinois Environmental Protection Agency
    7. Bureau of Land
    8. Decatur/WalkerFOS File
    9. 11581 65007—03082004-005.jpgCOMMENTS:
    10. 11581 65007—03082004-006.jpgCOMMENTS:
    11. Decatur/WalkerFOS File
    12. 1158165007—03082004-007.jpgCOMMENTS:
    13. 1158165007—03082004-008..jpgCOMMENTS:
    14. • Illinois Environmental Protection Agency
    15. Bureau of Land
    16. 1158165007—03082004-010.jpgCOMMENTS:
    17. • Illinois Environmental Protection Agency
    18. Bureau of Land
    19. Decatur/WalkerFOS File
    20. 1158165007—03082004-011.jpgCOMMENTS:

RECEIVED
CLERK’S 0FF~C
APR 05 200k
INFORMATIONAL NOTICE!!!
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 11-00, 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 BOARD
R EC E
U VED
CLERK’S OFFICE
ADMINISTRATIVE CITATION
APR
115
2004
ILLINOIS ENVIRONMENTAL
)
STATE OF ILUNOIS
PROTECTION AGENCY,
)
Pollution Control Board
Complainant,
)
AC
)
v.
)
(JEPA No. 135-04-AC)
)
TIM WALKER,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Tim Walker
3610 Christmas TreeRoad
Decatur, Illinois
62521
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe
State of
Illinois
the following instrument(s) entitled ADMiNISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
~tLUib~~
Special Assistant AttorneyGeneral
Illinois Environmental Protection Agency
1021
North Grand
Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)
782-5544
Dated:
March
31, 2004
THISFILING SUBMIYTED
ON RECYCLED PAPER

RECEUVED
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S OFFICE
ADMINISTRATIVE CITATION
APR
0.5
2004
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Iii,-
Complainant,
)
AC
V
~
)
v.
)
(IEPA No.135-04-AC)
)
TIM
WALKER,
)
)
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 Tim Walker (“Respondent”) is the present owner of a facility
located at 3610
Christmas Tree Road,
Decatur,
Macon
County,
Illinois.
The property is commonly known to
the
Illinois Environmental Protection Agency as Decatur/Walker.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating Permit and
is designated with
Site Code No.
1158165007.
3.
That Respondent has owned and operated said facilityat all times pertinent hereto.
4.
That
on
March
8,
2004,
Dustin
Burger
of
the
Illinois
Environmental
Protection
Agency’s
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.

VIOLATIONS
Based
upon direct observations made
by Dustin Burger during the course of his March 8,
2004
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”) as follows:
(1)
That
Respondent
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)
(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).
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 Three Thousand Dollars ($3,000.00).
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
May
17,
2004,
unless
otherwise
provided
by order of the Illinois
Pollution Control
Board.
If Respondent elects to contestthis 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 adjudicatory hearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
2

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) (2002), if Respondentfails
to petition or elects notto 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.
If any civil penalty and/or hearing costs are not paid within the time prescribed byorderofthe
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 AttorneyGeneral
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 the Act provides that any Petition for Review shall be fliedwithin
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.
‘Ra#s~
2uj2i~.o~
Date:
a13\b4
Renee
Cipriano, Director
.4
~..rt...-
Illinois
Environmental Protection Agency
Prepared
by:
Susan E.
Konzelmann, Legal Assistant
Division of Legal
Counsel
Illinois Environmental Protection Agency
1021
North
GrandAvenue
East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
(217) 782-5544
‘4

REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA No.
135-04-AC)
TIM WALKER,
)
Respondent.
)
FACILITY:
Decatur/Walker
SITE
CODE NO.:
1158165007
COUNTY:
Macon
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
March 8, 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 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:
)
)
)
)
)
JEPA DOCKET NO.
Tim Walker,
)
)
)
Respondent
)
Affiant, Dustin Burger, being first duly sworn,
voluntarilydeposes and states as follows:
1.
Afflantis a field inspector employed by the LandPollution ControlDivisionofthe flhinois
Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On March 8, 2004 between 1:35 P.M. and 1:50 P.M., Affiant conducted an inspection of
the
site
in
Macon
County,
Illinois,
known
as
Decatur/Walker
in
Decatur,
Illinois,
Illinois
Environmental Protection Agency Site No.
1158165007.
3.
Affiant inspected
said Decatur/Walker
site by
an
on-site inspection
which
included
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 accuraterepresentation ofAffiant’s observations and factual conclusions
with respect to the Decatur/Walker site.
Subscribed and Sworn to before me
this
_____
day of4
~
c~t—
k~
,
2004.
___________________
NOTAJ~NOIS
Notary Public
C”
CO~~IM~SSION
EXPIRES: 09.16.06

Back to top


ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY

Back to top


Open Dump Inspection
Checklist
County:
Macon
LPC#:
Location/Site
Name:
Decatur/Walker
Date:
03108/2004
Time:
From
1:35P
Inspector(s):
Dustin
Burger
No. of Photos
Taken:
#
11
Interviewed:
No one
1158165007
Region:
4-Champaign
To
I :50P
Previous Inspection Date:
08/13/2003
Weather:
Cloudy,
dry, 40s
_______
yds3
Samples Taken:
Yes #
Complaint #:
C04-1 I 0-CH
Est. Amt. of Waste:
30
No
~
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
Tim Walker, Owner
3610 Christmas Tree Road
Decatur, Illinois
62521
217/875-3418
REC~IV2D
M/~R
2
32004
!EPIA..DLPC
SECTION
DESCRIPTION
vioL
~
~
~
r4
~
~
i~i~c~
~
*~
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
.
(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
.
.
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE
IN A MANNER WHICH RESULTS
(1)
Litter
(2)
.
Scavenging
.
(3)
Qp.~n
Burning
.
.
(4)
Deposition of Waste
in
Standing or Flowing Waters
..
.
(5)
Proliferation of Disease Vectors
E
(6)
Standing or Flowing
Liquid Discharge
from the Dump
Site
.
E
Revised 06/18/2001
(Open Dump
-
1)

LPC#
1158165007--Walker
Inspection
Date:
04/08/2004
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
E
55(a)
NO PERSON SHALL:
(I)
9.
Cause or Allow Open
Dumping of Any Used or Waste Tire
AtI_...
~
Burnino
.~tA.....I
I-.-.-I
--
10.
11.
12.
13.
812.101(a)
722.111
808.121
809.302(a)
HAZARDOUS WASTE DETERMINATION
SPECIAL WASTE
DETERMINATION
ACCEPTANCE OF
WASTE HAULING
SPECIAL WASTE FROM A WASTE
TRA
PERMIT,
UNIFORM WASTE PROGRAM
r
NSPORTER WITHOUT A
REGISTRATION AND
14.
,
APPARENT
VIOLATION OF:
(LI)
PCB;
(I)
CIRCUIT COURT
CASE_NUMBER:
ORDER ENTERED_ON:
15.
OTHER:
1Q~~ic~
Signa~tth~e
of lns~dctor(s)
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 Actor 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.
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP
AND
OPERATE A LANDFILL
Revised 06/18/2001
(Open Dump -2)

Illinois
Environmental
Protection Agency
Bureau of Land• Field Operations Section,Champaign
LPC#1158165007--Macon County
Decatur/Walker
FOS File
Inspector:
Dustin Burger
March
8, 2004 Inspection
M1\R
2
3
zoo4
Complaint No.
C04-1 10-CH
GIS Info:
None
~EPA-DLPC
Narrative Inspection
Report
I conducted an open dump complaint inspection ofthe above referenced facility on
March
8, 2004.
This inspection was conducted to determine the regulatory status and
evaluate compliance with the Environmental Protection Act (Act)
and Title 35 Illinois
Administrative. Code,
Subtitle G: Land Pollution (Regulations). The weather was cloudy
and dry, with temperatures in the 40s.
Eleven photos were taken during the visit.
Champaign FOS received a complaint alleging Mr. Tim Walker was bringing waste to his
property
to dump and burn.. I received a call on the morning ofMarch 8, 2004 alleging
dark, black smoke was seen over the weekend coming from the Walker property.
Background
The site is located at 3610 Christmas Tree Road east ofRichland Community College
and west of Lake Decatur.
The site is actually two connected properties.
The first is the
home ofMr. Walker located down a gravel lane and across a small
stream.
The second
consists ofan unoccupied house and meadow.
I last inspected the site on August
13, 2003 at the request ofthe Macon County Solid
Waste Department (MCSWD).
The property is a salvage yard that at the time bordered
on being a open dump (one area did have open dumped plaster).
I spoke with Mr.
Walker
at
length regarding how a legitimate salvage yard should operate, with emphasis
on 1) making sure only recyclable materials were accepted, 2) material was sorted and
treated as a valuable commodity and 3) material left the site to
a scrap dealeron a regular
basis.
We also discussed proper disposal oflandscape wastes at the time.
Mr. Walker
admitted his brother had a landscaping business, but denied anyofthe landscape waste
on his property came from his business.
MCSWD looked up the property information at the Recorder’s Office in theirbuilding
and Mr. Tim Walker confirmed he ownedthe property. An ACWN was sent foropen
dumping
the plaster material on September 22, 2003, but Mr. Walker did not pick up the
letter at the post office.
I later hand delivered the letter on November 6,
2003.

LPC#1158165007—Macon County
Decatur/Walker
March8~2004 Inspection
Current Inspection
I arrived at the site at approximately 1:35 and drove down a gravel drive, veered around
the vacant house at the front ofthe property and entered a meadow behind the house.
I
immediately observed smoke coming from an area
farther east.
Near the west side ofthe
meadowI saw a large pile oflandscape waste with metal fence posts mixed with the load
(see photos
1,2,
and
10).
The pile also contained a pallet, wooden furniture, charred
metal chair, and charred propane gas cylinder. This area is denoted as the large landscape
waste pile on
the attached site sketch.
Since the property did not have any metal fence
posts during my last visit, I strongly suspect this
load oflandscape waste came from off-
site.
The property still contained a large pile ofmetal that looked basically the same as during
my last visit, although I did see a mattresses dumped near the pile (see photos
4,5
and 9).
Thepile the farthest east consisted ofa several burnediogs and branches with what
looked like the bead from the remains oftwo tires.
Photo
7 includes a photo ofa tire rim
and bead, while photo
8 shows bead wire through the smoke coming from the pile.
I also took one photo ofthe yard near the vacant house.
The yard was strewn with
aluminum siding that had been stacked during my last visit.
Recent strong winds had
blown the material offthe shelves.
Summary of Apparent Violations
Environmental Protection Act.
415 ILCS 5/1 et. seq. (formerly
Ill.
Rev. Stat.
Ch.
111
1/2,
1001 et. seq.) (hereinafter called
the
“Act”)
1.
Pursuant to Section 9(a) ofthe Act, 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.
Aviolation ofSection 9(a) ofthe Illinois
Environmental Protection Act (415 ILCS
5/9(a))
is
alleged for the following reason:
Evidence of open burning, which
would cause the emission of contaminants into the environment so as to cause
air pollution in
Iffinois was observed during this
inspection.
2. Pursuant to
Section 9(c) ofthe Act, in relevant part, no person shall cause or
allow the open burning ofrefuse, conduct any salvage operation by open burning, or
cause or allow the burning ofany 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.
2

LPC#1158165007—Macon County
Decatur/Walker
March 8,
2004Inspection
A violation ofSection 9(c) ofthe
Illinois
Environmental Protection Act (415 ILCS
5/9(c))
is alleged for the following reason: Evidence
of open burning was
observed during this inspection.
3. Pursuant to Section 21(a) ofthe Act, no person shall cause or allow the open
dumping ofany waste.
A violation ofSection 21(a) ofthe Illinois
Environmental Protection Act (415
ILCS
5/21(a)) is alleged for the following reason: Wastes were observed open
dumped at this site.
4. Pursuant to
Section 21(d)(1) ofthe Act,
in relevant part, no person shall conduct
any waste-storage, waste-treatment, or waste-disposal operation without a permit
granted by the Agency or in violation ofany conditions imposed by suchpermit,
including periodic reports
and full access
to adequate records and the inspection of
facilities, as maybe necessary to assure compliance with this Act and with
regulations and standards adopted thereunder.
A violation ofSection
21 (d)(1) ofthe Illinois
Environmental Protection Act (415
ILCS 5/21(d).(1)) is alleged for the following reason: Evidence
that
a waste-
disposal operation was being operated without a permit was observed.
5.
Pursuant to Section 21(d)(2) ofthe Act, no person shall conduct any waste-
storage, waste-treatment, orwaste-disposal operation in violation ofany regulations
or standards adopted by the Board under this Act.
A violation of Section 21 (d)(2) of the illinois
Environmental Protection Act (415
ILCS
5/21(d)(2))
is alleged for the following reason: Evidence
that a waste
disposal operation was being conducted in violation ofthe regulations was
observed.
6. Pursuant to Section 2 1(e) ofthe 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
this Act and ofregulations and standards thereunder.
A violation ofSection 21(e) ofthe Illinois
Environmental Protection Act (415
ILCS
5/21(e)) is
alleged for the following reason:
Evidence that waste is being
transported and disposed of at this
site which dOes not meet the requirements
ofthe Act or Regulations was observed.
7. Pursuant to Section 21(p) ofthe illinois
Environmental Protection Act (415
ILCS 5/21(j~)),
no person shall, in violation of subdivision (a) of this Section21,
cause or allow the open dumping of any waste in a manner which results in
1.
litter;
3

LPC#1158165007—Macon County
Decatur/Walker
March 8,
2004 Inspection
2.
scavenging;
3.
open burning;
4.
deposition ofwaste in standing or flowing waters;
5.
proliferation of disease vectors; or
6.
standing or flowing liquid discharge from the dump site.
7.
deposition of:
(i)
general construction or demolition debris as
defmed
in Section 3.78 ofthis Act; or
(ii) clean
construction
ordemolition debris as defmed
in Section 3.78a ofthis Act.
The prohibitions specified in this subsection
(p)
shallbe enforceable by the Agency
either by administrative citation under Section
31.1 ofthis Act or as otherwise
provided by this Act.
The specific prohibitions in this
subsection do not limit the
power ofthe Board to establish regulations or standards applicable to
open
dumping.
A violation ofSection 21(p) ofthe
Illinois
Environmental Protection Act (415
ILCS
5/21Q))
is alleged for the following reason:
Evidence of open dumping
with (1)
litter,
and (3) open burning was observed during this inspection.
8.
Pursuant to
Section
55(a)(1)
ofthe
illinois
Environmental Protection Act (415
ILCS
5/55(a)(1)),
no person shall cause or allow the open dumping of any used or
waste tire.
A violation ofSection
55(a)(1)
ofthe illinois
Environmental Protection Act (415
ILCS
5/55(a)(1))
is alleged for the following reason:
Evidence of open dumping
waste tires was observed during this inspection.
9. Pursuant to Section 55(a)(2) ofthe Illinois
Environmental Protection Act (415
ILCS
5/55(a)(2)),
no person shall cause or allow the open burning of any used or
waste tire.
A violation ofSection
55(a)(2)
Illinois
Environmental Protection Act (415
IILCS
5/55(a)(2))
is alleged for the following reason: Evidence
of open burning waste
tires was observed during this inspection.
10. Pursuant to Section
8 12.101(a), all persons, except those specifically exempted
by Section 21(d) ofthe Environmental Protection Act (Act) (Ill. Rev.
Stat.
1991, ch.
1111/2,
par. 1021(d)) 415
ILCS
5/21(d)J
shall submit to the Agency an application
for a permit to
develop and operate a landfill. The applications must contain the
information required by this Subpart and by Section
3 9(a) ofthe Act, except as
otherwise provided in 35 Ill.
Adm. Code 817.
4

LPC#/ 158/65007—Macon county
Decatur/Walker
March
8,
2004 Inspection
A violation of35 Iii. Adm.
Code 812.101(a) is alleged for the following reason:
Evidence ofthe operation ofa landfill was observed.
The site does
not have
a
permit to operate a sanitary
landfill.
5

LPC#1 156165007--Macon County
DecaturiWalker
March 8, 2004 Inspection
Site Sketch
Not
to
Scale
Numbers denote photo locations directions
W~llcer
Residence
NORTH
SmI landscape waste
Metal
Pile
pile
wMre bead
-~7~3~
43~~
p.
fFreeiine
10
S
House (unoccupied)
fl
C’
~
Lrg Landscape waste
pile w/other waste
Gravel Driveway
Christmas Tree Road

illinois
Environmental Protection Agency

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Bureau of Land
DIGITAL
PHO TO
GRA
PHS
LPC #1158165007—Macon County

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Decatur/Walker
FOS File
DATE:
March 8, 2004
TIME: 1:35-1:50 P.M.
DIRECTION: SSW
PHOTO by: Dustin Burger
PHOTO FILE
NAME:
1158165007—03082004-001.jpg
COMMENTS:
DATE:
March 8, 2004
TIME: 1:35-1:50 P~M.
DIRECTION: WSW
PHOTO by: Dustin Burger
PHOTO FILE
NAME:
11581 65007—03082004-002.jpg
COMMENTS:
t
1/

Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHO TOGRAPHS
LPC #1158165007—Macon County
Decatur/Walker
FOS File
DATE:
March 8, 2004
TIME: 1:35-1:50 P.M.
DIRECTION:
East
PHOTO
by: Dustin Burger
PHOTO
FILE NAME:
11581 65007—03082004-003.jpg
COMMENTS:
DATE:
March 8, 2004
TIME: 1:35-1:50 P.M.
DIRECTION: SSE
PHOTO by:
Dustin Burger
PHOTO FILE
NAME:
11581 65007—03082004-004.jpg
COMMENTS:

Illinois
Environmental
Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC #1158165007—Macon County
Decatur/Walker
FOS File
DATE:
March 8, 2004
TIME: 1:35-1:50
P.M.
DIRECTION: East
PHOTO by:
Dustin Burger
PHOTO FILE
NAME:
11581 65007—03082004-005.jpg
COMMENTS:
DATE:
March 8, 2004
TIME: 1:35-1:50 P.M.
DIRECTION: East
PHOTO by:
Dustin Burger
PHOTO FILE
NAME:
11581 65007—03082004-006.jpg
COMMENTS:

Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHO TOGRAPHS
LPC #1158165007—Macon County
Decatur/Walker
FOS File
DATE: March
8, 2004
TIME: 1:35-1:50 P.M.
DIRECTION: Dwon(E)
PHOTO by:
Dustin
Burger
PHOTO FILE NAME:
1158165007—03082004-007.jpg
COMMENTS:
DATE:
March 8, 2004
TIME: 1:35-1:50 P.M.
DIRECTION: Down (SE)
PHOTO by:
Dustin Burger
PHOTO FILE NAME:
1158165007—03082004-008..jpg
COMMENTS:

Illinois Environmental Protection Agency
Bureau of Land
DIG/TAL
PHO TOGRAPHS
LPC #1158165007—Macon County
Decatur/Walker
FOS File
DATE:
March 8,2004
TIME: 1:35-1:50 P.M.
DIRECTION:
North
PHOTO by: Dustin
Burger
PHOTO FILE NAME:
11581 65007—03082004-009.jpg
COMMENTS:
DATE:
March 8, 2004
TIME: 1:35-1:50 P.M.
DIRECTION: East
PHOTO by: Dustin
Burger
PHOTO FILE NAME:
1158165007—03082004-010.jpg
COMMENTS:

Illinois Environmental
Protection Agency
Bureau of Land
DIGITAL
PHO TOGRAPHS
LPC #11581 65007—Macon County
Decatur/Walker
FOS File
DATE:
March 8, 2004
TIME: 1:35-1:50 P.M.
DIRECTION: North
PHOTO by: Dustin Burger
PHOTO FILE NAME:
1158165007—03082004-011.jpg
COMMENTS:

PROOF OF SERVICE
Iherebycertify that Idid on the 31st dayofMarch 2004, send by CertifiedMail,Return Receipt
Requested, with postagethereon fullyprepaid,by depositing in a United StatesPost Office Box atrue
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINIESTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Tim Walker
3610
Christmas Tree Road
Decatur, Illinois
62521
and the original and nine (9) true and correct copies of the same foregoinginstruments on the same
date by Certified Mail, ReturnReceipt 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
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
THIS FTLING SUBMITTED ON RECYCLED PAPER

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