INFORMATIONAL NOTICE!!!

IT

IS

IMPORTANT THAT YOU READ THE

ENCLOSED DOCUMENTS.

This Administrative Citation

refers to

TWO

separate

State

of

Illinois Agencies.

One

is the ILLINOIS

POLLUTION

CONTROL BOARD located at James

R.

Thompson

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.

Any person other than

individuals

MUST appear through an attorney-

at-law licensed and

registered to practice

law.

Individuals may

appear on their own

behalf,

or through an attorney.

35

III. Adm.

Code

101 .400(a).

200g

NOTE:

---

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

)

)

)

)

)

)

)

)

)

)

NOTICE

OF FILING

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

AC

C~

(~(5

v.

(TEPA No.411-05-AC)

ALLEN NOLTENSMEER,

Respondent.

To:

Allen Noltensmeier

1027 County Road 200N

Chandlerville, Illinois

62627

PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution

Control Board ofthe State of Illinois the following instrument(s) entitled ADMINISTRATIVE

CITATION, AFFIDAVIT, and

OPEN DUMP INSPECTION CHECKLIST.

Respectfully

submitted,

ichell

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:

October 25, 2005

(I

2Oog

THIS FILING SUBMITFED

ON RECYCLED PAPER

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

)

AC

V.

)

(IEPA

No. 411-05-AC)

ALLEN

NOLTENSMEIER,

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

(2004).

FACTS

1.

That Allen Noltensmeier (‘Respondent”) is the present operator of a facility located at

10267 County Road 200N, Chandlerville, Mason

County,

Illinois.

The

property is commonly known

to the Illinois Environmental Protection Agency as Bath Township/Noltensmeier.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and

is designated with Site Code

No. 1258015001.

3.

That Respondent has operated

said facility at

all

times

pertinent hereto.

4.

That

on

September

29,

2005,

Michelle

Cozadd

of

the

Ulinois

Environmental

Protection Agency’s Springfield

Regional Office inspected the above-described facility.

A copy

of

her inspection

report setting forth the results of said

inspection is attached hereto

and made a part

hereof.

---

VIOLATIONS

Based

upon

direct

observations

made

by

Michelle

Cozadd

during

the

course

of

her

September 29,

2005 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

2l(p)(l)

of the

Act,

415

ILCS

5/21(p)(1)

(2004).

CIVIL

PENALTY

Pursuant

to

Section

42(b)(4-5) of the

Act,

415

ILCS

5/42(b)(4-5)

(2004),

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

One

Thousand

Five

Hundred

Dollars

($1,500.00).

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

December

15,

2005,

unless

otherwise

provided by order of the

Illinois

Pollution

Control

Board.

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(2004), 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

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.

2

---

Pursuant to

Section

31.1 (d)(1) of the Act, 415

ILCS 5/31.1 (d)(1) (2004),

if Respondent fails

to petition or elects not to petition the Illinois

Pollution Control Board for

reviewof 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 byorderof the-

Illinois

Pollution

Control

Board,

interest

on

said

penalty

and/or

hearing

costs

shall

be

assessed

against the Respondentfrom

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

(2004).

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 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.

SCOt(

Date:

______

Douglas

P.’Scott, 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.411-05-AC)

ALLEN

NOLTENSMEIER,

Respondent.

FACILITY:

Bath Township/Noltensmeier

SITE CODE

NO.:

1258015001

COUNTY:

Mason

CIVIL

PENALTY:

$1,500.00

DATE OF INSPECTION:

September 29,

2005

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

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant

)

vs.

)

IEPA DOCKET NO.

)

ALLEN NOLTENSMEIER,

)

Respondent

Affiant, Michelle E.

Cozadd, being

first duly sworn, voluntarily deposes and

states

as. follows:

1.

Affiant is

a

field inspector employed by the Division of Land Pollution Control of the

Illinois Environmental Protection

Agency and has been so employed at all times pertinent

hereto.

2.

On September 29, 2005,

between

10:25

AM and

10:40

AM,

Affiant conducted an

inspection of a

disposal site operated without an Illinois

Environmental

Protection

Agency permit,

located in Mason County,

Illinois,

and known as Bath

Township/Noltensmeier by the Illinois Environmental

Protection Agency.

Said site has

been assigned site code

number LPC #1258015001

by the Illinois Environmental

Protection Agency.

3.

Aftiant inspected

said Bath Township/Noltensmeier open dump

site by an on-site

inspection that 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

Affiant’s knowledge and belief,

is

an accurate representation of Affiant’s observations

and

factual conclusions with respect to

said Bath Township/Noltensmeier open dump.

~

r

4S2L

Michelle B.

Coz~d

Subscribed and

Sworn To before

me

This

/9dayof

~

O7660

-.

~.

.,-

DFF~CA~

-SEAL

9OWEi±

-

~

-

-

.

r

~LLi~0iS

My

Ccvm

txp~:

---

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

Open Dump Inspection Checklist

County:

Mason

LPC#:

1258015001

Region:

5-Springfield

Location/Site

Name:

Bath Township/Noltensmeier

Date:

09.29.05

Time:

From

10:25 am

To

10:40 am

Previous

Inspection

Date:

06.18.03

Inspector(s):

Michelle Cozadd

&

David Jansen

Weather:

65°Fand sunny

No. of

Photos Taken:

#

6

Est.

Amt. of Waste:

10

yds3

Samples Taken:

Yes #

No

X

Interviewed:

Lois Noltensmeier & Allen

Noltensmeier

Complaint

It:

C-05-127-C

Responsible Party

Mr.

Allen

Noltensmeier

Mailing Address(es)

10267 County

Road 200N

and

Phone

Chandlerville,

IL

62627

Number(s):

217.458.2100

SECTION

.

DESCRIPTION

VIO

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

X

6.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR

WASTE- DISPOSAL OPERATION:

7.

(1)

Without

a

Permit

(2)

In Violation

of Any Regulations

or Standards Adopted by the

Board

21(e)

DISPOSE, TREAT,

STORE, OR

ABANDON ANY WASTE,

OR TRANSPORT

ANY WASTE

INTO THE STATE ATITO

SITES NOT MEETING

REQUIREMENTS OF ACT AND

-

REGULATIONS

8

21

(

)

CAUSE

OR

ALLOW THE OPEN

DUMPING OF ANY WASTE

IN

A MANNER WHICH RESULTS IN

ANY

OF THE FOLLOWING OCCURRENCES

AT THE

DUMP SITE:

T

(1)

Lifter

X

(2)

Scavenging

(3)

Open Burning

(4)

Deposition

of Waste in Standing

or

Flowing Waters

(5)

Proliferation of Disease Vectors

(6)

Standing

or

Flowing

Liquid

Discharge from

the

Dump

Site

Revised 06/18/2001

(Open Dump

-

1)

---

LPC #12580 15001

Inspection Date: September 29,

2005

(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

(2)

Cause_or Allow_Open_Burning_of_Any_Used_or Waste_Tire

35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS

SUBTITLE C

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 A WASTE TRANSPORTER

WITHOUT-A

WASTE HAULING

PERMIT, UNIFORM WASTE

PROGRAM REGISTRATION AND

PERMIT AND/OR

OTHER REQUIREMENTS

14.

APPARENT

VIOLATION OF:

(

)

PCB;

(

)

CIRCUIT COURT

CASE

NUMBER:

ORDER ENTERED ON:

15.

OTHER:

Signature

of Inspector(s)

Informational

Notes

1.

Illinois

Environmental Protection Act: 415

ILCS

5/4.

2.

Illinois Pollution Control

Board:

35

III.

Adm. Code, Subtitle 3.

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

06/18/2001

(Open

Dump

-

2)

---

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

MEMORANDUM

DATE:

September 29, 2005

To:

DLPC/Division File

FROM:

Michelle Cozadd, DLPC/FOS

Springfield Region

SUBJECT:

LPC #1258015001

—

Mason County

Bath Township/Noltensmeier

FOS File

The purpose of this memorandum is

to serve as the narrative for a complaint investigation

conducted

on September 29, 2005

from 10:25

am to

10:40 am.

The complaint alleged the

open

dumping of used crankcase oil.

I was

accompanied by Mr. David

Jansen, DLPC/FOS

Regional

Manager.

The weather conditions

were sunny and approximately 65°F. Six digital photographs

were

taken to document the conditions at the

site.

Mrs. Lois Noltensmeier and Mr.

Allen

Noltensmeier were interviewed during the inspection.

This site was

inspected previously on June

17, 2002 when apparent open dumping and open

burning violations

were observed.

Oil contaminated gravel and soil

was observed

in several

locations in the gravel parking lot,

Follow-up inspections were conducted on December

11, 2002

and

June

18, 2003.

The oil contaminated gravel and

soil from previous open

dumping of used

crankcase oil generated on site

by Allen Noltensmeier were excavated and

disposed at Envirofill

Landfill by Ishmael Construction Company, Chandlerville, Illinois.

Upon

arrival at the site,

Mr. Jansen and

I spoke briefly to Ms. Lois

Noltensmeier, the property

owner.

I explained that the Illinois EPA received a complaint concerning the

open

dumping of

used oil.

She stated that she was not involved with her son’s business.

At that time, Mr.

Allen

Noltensmeier (her son)

arrived at the site.

I explained

to Mr. Noltensmeier the nature of the

complaint.

We discussed the proper disposal of the

oil contaminated gravel and

soil.

The use of

the crankcase oil contaminated

gravel on the township roads

is not

allowed.

This was also

stated

in the illinois EPA’s May 20, 2003 response letter to Mr. Noltensmeier.

The use of used oil

as a

dust suppressant is specifically prohibited by

35 I.A.C.

739.112(b).

Mr. Noltensmeier was of the

opinion that

his dumping of used crankcase oil should be allowed because the-township

and the

State also use oil on

public roads.

The road oil

used for public roads by units of State or local

government is not considered a waste,

and does not have the same physical and chemical

characteristics as used crankcase oil.

The attached photos #001

through #004

show the oil contaminated gravel and soil

along the edge

of the parking lot near the railroad ties.

There were two semi trucks parked near the large shed.

The large shed appears to be

used for vehicle

maintenance operations.

page

1

---

Four burn barrels on

the south side of the large shed are shown in the attached photo #005.

The

attached photo #006 shows the contents of one of the burn barrels.

Plastic and scrap

metal were

observed in

the bum barrel.

Household waste not including garbage is allowed to

be open

burned in

a burn barrel.

For example, Mr. Noltensmeier is

allowed to burn items such as paper,

newspapers and junk mail but not wastes like metal

food cans or plastic food containers.

The clean up of the contaminated gravel and

soil will result in

what is called a special

waste in

illinois.

However, there has been a change in

the Illinois Environmental Protection Act’s statutes

that allows

a

generator of a nonhazardous, nonliquid waste that

would otherwise be considered a

special waste

to self-certify that

it

is not

a special waste.

Pursuant to 22.48 of the illinois

Environmental Protection

Act (“Act”), an industrial

process waste or pollution control waste

must be

managed as a special

waste

unless

the generator first

certifies in

a signed, dated, written

statement that the

waste is outside the

scope of the categories listed

in

subdivision (1) of

subsection (c) of Section

3.45

of the Act.

All

information used to determine that

the waste

is not

a special waste

is to be

attached to the certification.

The certification is

effective from the date

signed until there is

a change in the generator, in the raw materials used, or in the process

generating the waste.

The certification is to be

maintained by the certifying generator while

effective and for at least three years following a change in

the generator,

a change in the raw

materials used, or a change

in or termination of the process generating the waste.

A copy of the

certification

is to be provided upon request to

the Illinois Environmental Protection Agency, the

waste hauler, or the operator of the facility receiving the waste.

If the cleanup waste qualifies as

a

nonspecial waste,

it can be transported to

a municipal

landfill without having a manifest

accompany it,

and the hauler does not have to be

a licensed special waste hauler.

A site sketch

and digital photograph photocopies accompany this narrative.

cc:

DLPC/FOS

Springfield Region

page 2

---

Illinois Environmental

Protection Agency

Division of Land

Pollution Control

LPC #1258015001

—

Mason County

Bath Township/Noltensmeier

FOS

File

DIGITAL PHOTOGRAPHS

Date:

29 September

2005

Time: 10:34am

Direction:

SE

Photo

by: M.

Cozadd

Exposure #:

001

Comments:

Oil

contaminated gravel and

Date:

29 September

2005

Time:

10:35

am

Direction:

NE

Photo by:

M.

Cozadd

Exposure #:

002

Comments:

Oil

contaminated gravel and

soil

-

Page

1

of 3

---

Illinois

Environmental

Protection Agency

LPC #1258015001

—

Bureau

of Land

Division of Land

Pollution Control

FOS

DIGITAL PHOTOGRAPHS

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Date: 29 September

2005

Time:

10:35

am

Direction: W

Photo by:

M.

Cozadd

Exposure #:

003

Comments:

Oil

contaminated gravel and

soil

Date: 29

2005

Time:

10:35 am

Direction:

E

Photo by:

M.

Cozadd

Exposure #: 004

Comments:

Oil

contaminated

gravel

and

soil

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2

of 3

---

Illinois Environmental Protection Agency

Bureau

Division of

Land

Pollution Control

LPC

#125801

5001

—

Bath Township/Noltensmeier

FOS

File

DIGITAL PHOTOGRAPHS

Date: 29

September

2005

Time:

10:37 am

Direction:

NW

Photo by:

M.

Cozadd

Exposure #:

005

Comments:

Four bum

barrels

Date:

29

September

2005

Time:

10:37 am

Direction: W

Photo by:

M.

Cozadd

Exposure #:

006

Comments:

Contents of

barrels

-

Page

3 of 3

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PROOF OF SERVICE

I hereby certify

that

I did

on

the 25th

day of October

2005,

send by Certified Mail,

Return

Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office

Box

a true and correct copy ofthe following instrument(s) entitled ADMINTISTRATIVE CITATION,

AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST

To:

Allen Noltensmeier

1027 County Road 200N

Chandlerville, Illinois

62627

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

-

JIL~AL1

1~*-

-

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 FILING SUBMITtED ON RECYCLED PAPER