RE

CE ~V ~

BEFORE THE ILLINO

1

CLERK’S

OFFICE

JUN

12

2003

ILLINOIS ENVIRONMENTAL

)

STATE OF ILLINOIS

PROTECTION AGENCY,

)

Pollution

Control Board

Complainant,

)

AC

)

(IEPA No. 332-03-AC)

v.

)

)

OLEN G. PARKIILL,

JR.

)

)

Respondent.

)

NOTICE OF FILING

To:

Olen G. Parkhill Jr.

808 North Prarieview Road

Mahomet, Illinois 61853

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:

June

10, 2003

THIS

FILING SUBMITTED

ON RECYCLED PAPER

/7’

(

o

/

---

RECEIVED

BEFORE THE

BOARD

CLERK’S

OFFICE

JUN12

2003

STATE OF ILLINOIS

Pollution

Control Board

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

AC

~

(IEPA No. 332-03-AC)

V.

OLEN G. PARKHILL, JR.

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

(2000).

FACTS

1.

That Olen G. Parkhill

is the present operator of a facility located on the north side of

Tin

Cup

Road,

approximately

1/4

mile east of

Prairieview

Road,

Mahomet,

Champaign

County,

Illinois.

The

property

is

commonly known

to

the

Illinois

Environmental

Protection

Agency

as

Mahomet/Parkhill

CNS #3.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating Permit and is designated with

Site Code

No. 0198125002.

3.

That Respondent has operated

said facility at

all times pertinent hereto.

4.

That

on

May

15,

2003,

Kenneth

Keigley 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 Kenneth Keigley during the course of his

May 15,

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”) 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)(l) of

the Act, 415

ILCS

5/21(p)(1)

(2000).

(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)

(2000).

(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 or demolition debris, a violation of Section 21(p)(7) of the Act, 415 ILCS

5/21 (p)(7)

(2000).

CIVIL PENALTY

On November 18,

1999, the Board found Olen G. Parkhill in violation of Section 21(p)(1) of

the Act in

AC 2000-022.

On

February 3,

2000,

the

Board

found Olen

G. Parkhill

in violation

of

Sections 21 (p)(1) and (p)(3) of the Act in AC 2000-016.

On October5, 2000, the

Board found Olen

G.

Parkhill in violation

of Section 21(p)(l) of the Act in AC 2000-087.

On December 20, 2001, the

Board

found Olen G.

Parkhill

in violation of Section 21(p)(1) of the Act in AC 2001-019.

2

---

Because this Administrative Citation addresses a second or subsequent violation of Section

21(p)

of

the

Act,

pursuant

to

Section

42(b)(4-5)

of

the

Act,

415

ILCS

5/42(b)(4-5)

(2000),

Respondent is subject

to

a

civil penalty of Three

Thousand Dollars

($3,000.00) for each

of the

violations identified above, for a total of Nine Thousand Dollars ($9,000.00).

If Respondent elects

not to petition the Illinois Pollution Control Board, the statutory civil penaltyspecified above shall be

due and

payable

no

later than

June

30, 2003,

unless otherwise

provided

by order of the Illinois

Pollution

Control Board.

If Respondentelects to contestthisAdministrative Citation by petitioning the Illinois Pollution

Control Board

in accordance with

Section 31.1

of theAct, 415 ILCS 5/31.1

(2000), and if the

Illinois

Pollution Control Board

issues a finding of violation as alleged herein, after an adjudicatory hearing,

Respondentshall be assessed the associated hearing costs incurred by theillinois Environmental

Protection Agency and the Illinois Pollution Control Board.

Those hearing costs shall be assessed

in addition

to the Three Thousand Five

Hundred Dollar ($3,000.00) statutory civil penalty for each

violation.

Pursuant to Section 31.1 (d)(1) of theAct, 415 ILCS 5/31.1 (d)(1) (2000),

if Respondentfails

to petition or elects notto

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.

3

---

Ifany civil penalty and/or hearing costs are not paid within thetime 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.

4

---

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

(2000).

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 thatany 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.

C

412~A~~..bø~4

Date:

b/~’oI

03

Renee

Cipriano,

Director

Illinois Environmental Protection Agency

Prepared by:

Michelle M.

Ryan, Assistant Counsel

Division of Legal

Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O.

Box 19276

Springfield,

Illinois 62794-9276

(217) 782-5544

5

---

REMITTANCE FORM

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

)

(IEPA No. 332-03-AC)

v.

)

)

OLEN

G.

PARKHILL, JR.

)

)

Respondent.

)

FACILITY:

MahometlParkhill CNS #3

SITE CODE NO.:

0198125002

COUNTY:

Champaign

CIVIL PENALTY:

$9,000.00

DATE OF INSPECTION:

May 15, 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 EmployerIdentification 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.

6

---

iN THE MATTER OF:

)

)

)

)

IEPA DOCKET NO.

3~2-O~-AC

~

6.

PA

~

)

)

)

Respondent

)

Affiant, Kenneth Keigley, being first duly sworn, voluntarily deposes and states as follows:

1.

Affiant is a field inspector employed by the Land Pollution Control Division ofthe

Illinois Environmental Protection Agency and has been so employed at all times pertinent

hereto.

2.

On May

15,

2003, between 10:50 A.M. and 10:55 A.M., Affiantconducted an inspection

of the

site

in

Champaign

County,

Illinois,

known as

the

Parkhill

CNS

#3,

Illinois

Environmental Protection Agency SiteNo. 0198125002.

3.

Affiant inspected said Shields, Parkhill CNS #3

site by an on-site inspection, which

included walking 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 accuraterepresentationofAffiant’s observations and

factual conclusions with respect to the Parkhill CNS #3 site.

Subscribed and Sworn to before me

this

~g4-~dayofJJ\c~

2003.

~

Notary Public

~)

f~4

ILLINOIS

AFFIDAVIT

CLERK’S

OFFICE

~tU\~

~

AGENCY

UU1’~

STATE OF ILLINOIS

Pollution

Control Board

OFFICIAL SEAL

SHARON L BARGER

NOTARY

PUBLIC

-

STATE

OF ILLINOIS

MY

COMMIsspop~

EXPIRES:

09-16.06

---

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ii\iii

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Isi~O~(\~frik~bI(

E

CLERK’S ñ~v

JUN

3.

2

2003

I herebycertifythat Idid

on

thc

10th

dayofJune. 2003, send forhand delivery a true and correct

STATE OF ILLINOIS

copy of the following instrument(s)

entitled ADMINTSTRATIVE ~

OPEN

DUMP

INSPECTION CHECKLIST

To:

Olen G. Parkhill Jr.

808 North Prarieview Road

Mahomet, Illinois 61853

and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same

date by Certified Mail 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

iche le M. Ryan

Assistant Counsel

Division ofLegal Counsel

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

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD, ILLINOIS

JAMES

R.

THOMPSON CENTER,

IL 60601,

312-~L4E~~

OFFICE

CIPRIANO

DIRECTOR

JUN

1

2

2003

STATE OF ILLINOIS

(217) 782-9817

PollutIon Control Board

TDD: (217) 782-9143

June 10, 2003

The Honorable Dorothy

Gunn,

Clerk

Illinois Pollution

Control Board

James

R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Re:

Illinois Environmental Protection Agency v.

Olen G. Parkhill, Jr.

IEPA FileNo. 332-03-AC; IDNo. 0198125002

DearClerk Gunn:

Enclosed for filing with the Illinois Pollution Control Board, please find the

original

and nine

true and correct copies ofthe Administrative CitationPackage, consisting of theAdministrative

Citation, the inspector’s Affidavit, and the inspector’s Illinois Environmental ProtectionAgency

OpenDump Inspection

Checklist, issued to the above-referenced respondent(s).

On this date, a copy ofthe Administrative Citation

Package was sent to the Champaign Regional

Office ofIllinoisEPA forhanddelivery to the Respondent. As soonas I receive the affidavit of

service, I will promptly file acopywithyou, so that the Illinois PollutionControlBoardmay

calculate the thirty-five

(35)

dayappeal period forpurposes of entering a defaultjudgment in the

event theRespondent(s) fails or

elects not to file a petition for review contesting the

Administrative Citation.

Ifyou have any questions or concerns, please do not hesitate to contact me at the number above.

Thank you for your cooperation.

Sincerely,

J1L~6~

Michelle M. Ryan

Assistant Counsel

Enclosures

ROCKFORD —4302

North Main Street,

Rockford,

IL 61103

—

(815) 987-7760

•

DES

PLAINES

—

9511

W. Harrison

St.,

Des Plaines, IL 60016— (847) 294-4000

ELGIN

—595 South State, Elgin,

IL 60123— (847) 608-3131

•

PEORIA

—5415 N.

University St.,

Peoria,

IL 61614— (309) 693-5463

BUREAU

OF

LAND

-

PEORIA

—

7620 N. University

St.,

Peoria,

IL

61614— (309) 693-5462

•

CHAMPAIGN

—2125

South

First Street, Champaign,

IL 61820— (217) 278-5800

SPRINGFIELD

—4500

S.

Sixth Street Rd., Springfield,

IL 62706— (217) 786-6892

•

COLLINSVJLLE

—2009 MalI

Street, Collinsville,

IL 62234— (618) 346-5120

MARION

—2309 W.

Main

St.,

Suite 116, Marion,

IL 62959 —(618) 993-7200

RoD

R.

BI

PRINTED

ON

RECYCLED

PAPER

---

ILLINOIS

Open

Dump Inspection

Checklisti

County:

Mahomet

LPC#:

0198125002

Location/Site

Name:

Mahomet/Parkhill

CNS #3

Date:

05/15/2003

Time:

From

10:50 am

To

10:55

am

Previous Inspection Date:

07/23/1 999

Inspector(s):

Kenneth Keigley

Weather:

sunny

-

78

degrees

No. of Photos Taken:

#

9

Est. Amt. of Waste:

20

yds3

Samples Taken:

Yes #

No

~

Interviewed:

No one present

Complaint #:

Responsible Party

Mailing Address(es)

and

Phone

N umber(s):

JUV~

£

CI

=—-——--

SECTION

~

~.-

-.-

~,1ut

~

~.•

~

-•.-•~

VIOL

~

1.

IL

9(a)

NOIS ENVIRONMENTAL

PROTECTIC

ACT REQUIREMENTS

CAUSE, THREATEN OR ALLOW AIR POLLUTION

IN

ILLINOIS

~1

2.

9(c)

CAUSE OR

ALLOW OPEN BURNING

3.

12(a)

CAUSE, THREATEN OR ALLOW WATER POLLUTION

IN

ILLINOIS

11111

4.

12(d)

CREATE AWATER POLLUTION

5.

21(a)

CAUSE OR ALLOW OPEN DUMPING

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

OR WASTE- DISPOSAL

6.

21(d)

OPERATION:

(1)

Without a Permit

(2)

In Violation

of Any Regulations or Standards Adopted by the Board

DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY

7.

CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE

IN A MANNER WHICH RESULTS

8.

21(p)

________

(1)

Litter

________

(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

Mr. Olin

G. Parkhill, Owner -Operator

808 Prairieview Road

Mahomet,

Illinois

61~EIVED

CLER~50~f

ICE

~

Parkhill

Enterprises c/o

-

~

~

.“-~

~—

Richard Parkhill

P.O. Box 6715

22

21i(~

Champaign, Illinois 61~8~6-6715

I!

~C’~

P/~

Revised 06/18/2001

(Open Dump

-

1)

---

LPC#

0198125002

Inspection

Date:

(7)

Deposition of General Construction or Demolition Debris; or Clean Construction or

9.

55(a)

NO PERSON SHALL:

(1)

Cause or Allow Open Dumping of Any Used or Waste Tire

10.

812.101(a)

FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO

OPERATEALANDFILL

11.

722.111

HAZARDOUS WASTE DETERMINATION

E

12.

808.121

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 MANIFEST

LI

APPARENT VIOLATION OF:

(Lii)

PCB;

(LI)

CIRCUIT COURT

CASE

NUMBER:

ORDER ENTERED ON:

15.

OTHER:

LI

LI

LI

LI

LI

•

LI

Informational Notes

~Signatu~e

of~spec3~(s)

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 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.

Revised 06/18/200 1

(Open Dump

-

2)

---

Illinois

Environmental

Protection Agency

Bureau of Land+Field Operations Section.Champaign

0198125002—Champaign County

Mahomet,ParkhillCNS #3

-

-v

FOS

~)

~‘fh:.~

Inspector: Kenneth Keigley

‘~

Inspection Date: March

15,

2003

a—’

-

-,

~PiU

~—-~J

UL

General Comments:

On May

15,

2003

at

10:50 A.M., I conducted an inspection at the Parkhill Enterprises Property,

located

on

the

north

side

of Tin

Cup

Road,

approximately ¼

mile

east

of Prairieview

Road,

Mahomet, Illinois.

The purpose ofthis inspection was to determine regulatory status and evaluate

compliance withthe Illinois Environmental

ProtectionAct (Act)

and Title 35 Illinois Administrative

Code, Subtitle G: Land Pollution (Regulations).

Theinspection consistedofwalking around the site

and taking pictures, no one was present to represent the property owner.

Theweather was sunny, the

temperature 69 degrees.

According to the Champaign County Supervisor ofAssessments

Office the property is owned by

Parkhill Enterprises in care ofRichard Parkhill, P. 0. Box

6715, Champaign, Illinois 61826-6715.

During previous correspondence concerning this site it-was discoveredthat Mr. Richard Parkhill was

deceased and Mr. Olen G. Parkhill Jr. was handling matters pertaining to this site.

Findings:

When I arrived on the property I saw an

area measuring approximately 20’ x 20’ where the grass

was blackened and partially burned and ashes from open burning were present (see photo #1).

I

noticed in the ashes small pieces ofburned dimensional lumber (see photo #2) and a heat

scorched fluorescent lighting fixture with fluorescent bulbs still plugged in, three of which had

been broken (see photo #3).

On the east side ofthe burn pile I saw heat scorched screws, metal,

and partially burned dimensional lumber from an apparently burned wooden structure in the

ashes (see photo #4).

On the south

side ofthe burn pile I saw partially burned particle board

and

small

scraps of partially burned dimensional lumber (see photos

#5

and #6).

On the southwest

side ofthe burn area I saw partially burned landscape waste still wrapped in partially burned

plastic bags and small scraps of dimensional lumber (see photo #9).

There was no part ofthis

area where the landscape waste had been generated (mowed area, tree stumps, etc.), which

indicated it apparently had been brought on site from

another location.

A short distance west ofthe burn pile I saw a pile ofbroken concrete measuring approximately

12’ x 4’ x 2’ (see photos #7 and #8).

Also mixed in the pile of concrete I saw metal and

dimensional lumber.

I lefi the site at 10:55 A.M.

1

---

Illinois Environmental

Protection Agency

Bureau of Land+ Field Operations Section ,Champaign

0198125002

—

Champaign County

Mahomet/ParkhillCNS

#3

FOS

Inspector: Kenneth Keigley

Inspection Date: March

15,

2003

-

Apparent violations observed during this inspection:

Environmental Protection Act.

415

ILCS

5/1

et.

seq. (formerly Ill. Rev. Stat.

Ch.

1111/2,

1001

et. seq.) hereinafter

called the “Act”

#1

Pursuant to Section 9(a) of the Act, no person shall cause or threaten or allow the

discharge or emission ofany 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 thisAct.

A violation of Section 9(a) is

alleged for the following reason:

evidence of open burning

of refuse, which would cause or tend to cause air pollution in Illinois was observed

during the inspection.

#2

Pursuant to Section

9(c) ofthe Act, 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 adoptedby theBoard under thisAct.

A violation ofSection 9(c) is alleged for the following reason: evidence

of

open burning

of refuse was observed during the inspection.

#3

Pursuant to Section 21(a) ofthe Act, no person shall cause or allow the opendumping

of any waste.

A violation of Section

2 1(a) is alleged for the following reason:

evidence of open

dumping of waste was observed during the inspection.

#4

Pursuant to

Section 21 (d)(1) ofthe Act, no one shall conduct any waste storage, waste

treatment, or waste disposal operation without a permit granted by the Agency.

2

---

Illinois

Environmental

Protection Agency

Bureau of Land•Field Operations Section

+

Champaign

0198125002

—

Champaign County

Mahomet/ParkhillCNS #3

-

FOS

Inspector: Kenneth Keigley

Inspection Date: March

15,

2003

A violation of Section 21(d)(1) is alleged for the following reason: a

waste disposal

or waste storage operation was being conducted at this site without a permit granted

by the Agency.

#5

Pursuant

to Section

21 (d)(2) ofthe Act, no one shall conduct any waste storage, waste

treatment, or waste disposal operation in violation of

any regulations or standards

adopted

by the Board.

A violation ofSection

21 (d)(2) is alleged for the following

reason:

wastes were being

disposed or stored

at this site

in apparent violation of Regulations adopted by

the Board.

#6

Pursuant to Section 2 1(e) of

the Act, no person shall dispose, treat, store or abandon

any waste

or transport

any waste into this State for disposal, treatment, storage,

or

abandonment, except at a

site or facility which meets the requirements of this Act and

ofregulations

and standards thereunder.

A violation ofSection

2 1(e) is alleged for the following reason:

waste was

disposed of at this site, which does not meet the requirements of the Act and of

regulations

and standards thereunder.

#7

Pursuant to Section

2l(p)(l) of the Act, no one shall cause or allow the open dumping

of

any waste in a manner, which results in litter.

A violation of Section 2l(p)(l) is alleged for the following reason:

waste was open

dumped

at this site resulting

in litter.

#8

Pursuant to Section 2l(p)(3) ofthe Act, no

one shall cause or allow the open dumping of

any waste in a manner, which results in open burning.

A violation ofSection

21 (p)(3)

is alleged for the following reason:

waste was open

dumped at this site resulting in open burning.

3

---

Illinois Environmental

Protection Agency

Bureau

of Land+Field Operations Section

+

Champaign

0198125002— ChampaignCounty

-

Mahomet/Parkhill CNS #3

FOS

Inspector: Kenneth Keigley

Inspection Date: March

15,

2003

#9

Pursuant to

Section 2l(p)(7) of the Act, no one shall cause or allow the open dumping of

any waste

in a manner, which results in deposition of clean or general

construction

demolition debris

at the site.

A violation ofSection 21@)(7)

is

alleged for the following reason: waste was

open

dumped at this site resulting

in deposition of clean or general construction

demolition debris at the site.

35

Illinois Administrative Code. (Title

35:

Environmental Protection, Subtitle G: Land Pollution,

Chapter I: Pollution Control Board)

Regulations

#10

Pursuant to Section

8 12.101(a) ofthe Regulation, all persons shall submit an

application

to the Agency for a permit to

develop and operate a landfill.

A violation ofSection

8 12.101(a) is alleged for the following reason:

the owner or

operator of this site failed to submit an application to the Agency for a permit to

develop or operate a landfill.

4

---

Illinois Environmental Protection Agency

Bureau of Land•

Field Operations Section

4

Champaign Region

0198125002

—

Champaign County

-

Mahomet/Parkhill #3

FOS

Inspector: Kenneth Keigley

Date: May

15,

2003

Time:

10:51

AIVI

8-*

Prairieview Road

¼

mile

waste~~J~

‘~

2

—*

1~

Tin cup Road

N

w-

-E

3

S

1—

4

96

5

Not to Scale

Site Sketch

---

•

Bureau of Land

DIGITAL

PHO TOGRAPHS

LPC # 0198125002

—

DATE: 05-15-2003

TIME:

DIRECTION:

PHOTO by:

Kenneth

PHOTO FILE

NAME:

0198125002

—

TIME:

10:51

PHOTO by: Kenneth

COMMENTS:

---

•

Illinois

Environmental

Bureau of Land

-

DIGITAL PHOTOGRAPHS

LPC # 0198125002

—

TIME:

10:51

PHOTO by:

Kenneth

PHOTO FILE

NAME:

0198125002

—

DATE:

TIME:

PHOTO by:

Kenneth

PHOTO

COMMENTS:

---

•

Bureau of Land

DIGITAL

PHO TOGRAPHS

LPC # 0198125002

—

TIME:

10:52

DIRECTION:

PHOTO by:

Kenneth

PHOTO FILE NAME:

0198125002

—

DIRECTION:

PHOTO by:

Kenneth

PHOTO FILE

0198125002—05152003-006.jpg

COMMENTS:

-

---

•

Bureau of Land

DIGITAL

PHO TOGRA PHS

LPC # 0198125002

—

TIME:

10:52

PHOTO by:

Kenneth

Keigley

PHOTO FILE

NAME:

0198125002

05152003-007.jpg

COMMENTS:

DATE: 05-15-2003

TIME: 10:53 AM

DIRECTION: East

PHOTO by:

Kenneth

Keigley

PHOTO FILE

0198125002—051 52003-008.jpg

COMMENTS:

---

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PARSONS

ELECTRIC

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REALTOR’

WISEGARVER

REAL

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704 East

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Illinois

TAD

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WISEGARVER

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• SPECIALIZING IN

LAND SALES IN

CHAMPAIGN & PIATT COUNTIES

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---

•

Illinois

Bureau of Land

DIGITAL

PHO TOGRAPHS

LPC # 0198125002

—

TIME:

10:53

DIRECTION:

PHOTO by:

Kenneth

PHOTO FILE NAME:

0198125002

—

COMMENTS:

---

___

IcicH

_____

1’ 991.

Section No.i~__l/4 Sec

(a) NW~,NE+

Township

20

North

Range

7

East

Parcel Index No. See

Below*

Located on Private,,~,!ighway__

Acct. Code

2423.10

Linear Length

1.125

Ft.

15—13—13—126—005(201.

17AcR)

*

15—13—13—200—003(10

.AcR)

*

O7~8

Easement No.

93—6720

Exchange Name

Mahnmet

Exchange No.

1611

Order

No.

5PpniAA-o2-~

Co. Statement Date

/

/

-

For

good

and

valuable

consideration,

Parkhill

Enterprises,

do

Richard

Parkhill

__________________________

Grantor(s),

hereby grants, conveys, and warrants unto

GTE North Incorporated, Grantee,

its successors and assigns, the perpetual right,

privilege,

eaaement and authority to construct, operate, patrol and maintain its

communication lines,

including the necessary underground cables, wires,

conduits,

markers

and appurtenances upon,

over,

under and across the land hereinafter

described,

some of which said land may be included

in the public highway, to form

a

part of a communication system to be owned and operated by said corporation,

its

successors and assigns in

champaign

County,

Illinois, together with the

right of access to the said land and the right to trim now and hereafter all brush

and trees along the said lines as may be necessary for the installation, operation

and maintenance of said lines.

The property of the undersigned over which this

easement

is granted and the location of the lines to be constructed thereon are

described as follows: In

Mahc~netTownship; buried

facilities

to be placed on

private

right

of

way

within a

ten

(10)

feet

utility

corridor

parallel

and adjacent

to

the

right

of

way

line

along

the

South

side

of

Township

Road

2175N/Tincuo

Road for

a

distance

of

pnoroximately

1.125

linear

feet

within

the

above

indicated parcels.

Grantor roust be

notified

4

hours

nrior

to

entry.

SAID

FACILITIES

MUST

BE

PLT~CED AT

A

MINIMUM

DEPTH

OF

48

INCHES

BELOW

THE

SURFACE!

This Easement Grant includes the perpetual right to place,

replace, operate, and

maintain additional communication lines and appurtenances,

subsequent to those

initially metalled.

Grantee shall not place such additional communication lines

and appurtenances until after Grantor has been consulted with,

and duly notified.

Grantee will reimburse grantor for crops damaged at the current sealed or market

prices.

Grantee will be responsible for restoration of damaged drainage tiles,

landscape,

and any other

items of property damaged by grantee.

Witness his/her/their hand and seal this

\

day of

~

A.D. 19~

Parkhi1~En1~ryrises

_______________________________

SEAL

1”v:

‘-.

-,

WITNESS

GRANTOR:

WITNESS

SEAL

GRANTOR:

Instrument Prepared By:

G~ENorth,

Inc.

Maine

Elizabsth M.

Eillion~

Address

P.

C).

Box

92

Roodhouse,

1

620!)2

Tel. No. 217—’5R9—471~

-

Right

of

Way

Administrator

GTE North Incorporated

1312 E. Empire Street

Bloomington,

IL

61701

1c111

FOAM

A16676

9

C ~

L4)69K~J

,11~

he~te~/PA

~/4~,.zL

EASEMENT

GRANT

Grantor’sdo

Mr. Richard Parkhill

Address

P.

0.

Box

6715.

~hamoa.ion.

31.

61826—6715

(Street)

(City)

(Zip Code)

nOW Aamnr

Tel. No.217—

‘75.~1.~-

.2/J,~,

After recording,

return to:

Distribution:

White—Grantee

Yellow—Grantor

Pink—Grantee Field Office