BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
R~CEJ~~
Cl
Ppr~’~
~
ILLiNOIS ENVIRONMENTAL
)
I-\UG
1
5
2003
PROTECTION AGENCY,
)
SiAij
OFiLLIINOIS
Complainant,
)
AC
ô4
~
POllUtiOfl Control Board
)
V.
)
(IEPA No. 391-03-AC)
)
MARY LOU andH. FRANK RECORD,
)
Respondents.
)
NOTICE OF FILING
To:
Mary Lou Record and
H. Frank Record d!b/a Quality Disposal
31011 North County Highway 2
Ellisville, Illinois 61431
PLEASE TAKE NOTICE that on this date I mailed for filingwith the Clerk ofthe Pollution Control Board ofthe
State ofIllinois the following instrument(s) entitled ADMiNISTRATIVE CITATION,AFFIDAVIT, andOPEN
DUMP INSPECTION
CHECKLIST.
Respectfully submitted,
~k~1JU~t~-
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:
August 11,
2003
THIS
FILING
SUBMITFED
ONRECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
AUG
1
5
2003
PROTECTION AGENCY,
)
OF I
Complainant,
)
AC
0q—c~~
Pollution Control~.~rd
v.
)
(IEPA No. 391-03-AC)
)
MARY LOU and
H.
FRANK RECORD,
)
)
Respondents.
)
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
H.
Frank Record
Mary Lou Record are the present owners and operators of a
facility located
at 31011
North
County Highway 2, Ellisville, Fulton
County,
Illinois.
The property is
commonly known to
the Illinois Environmental Protection Agency as Record
Property.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency Operating Permit and
is designated with Site Code No. 0578255001..
3.
That Respondent has owned and operated said facility-at all iimes pertinent heretG.
4.
That
on
June
19, 2003,
Robert
Wagner of
the Illinois
Environmental
Protection
Agency’s Peoria Regional Office inspected
the above-described facility.
A copy of his inspection
report setting
forth the results of said
inspection
is attached hereto
and made a part hereof.
VIOLATIONS
Based
upon direct observations made by Robert Wagner during the course of his June
19,
2003
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 S/21(p)(l)
(2002).
(2)
That
Respondents
caused
or allowed
the open
dumping
of waste
in
a manner
resulting
in
open
burning,
a
violation
of
Section
21(p)(3) of
the Act,
415
ILCS
5/21 (p)(3) (2002).
(3)
That
Respondents
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) (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)
for
each
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 August
31, 2003, unless otherwise provided
byorder of the Illinois Pollution Control
Board.
IfRespondents elect to contest thisAdministrative 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
2
Pollution Control Board
issues a finding of violation
as alleged herein, afteran adjudicatory hearing,
Respondents shall be assessed the associated hearing~costs~incurre~d
bytheilinoisEnvironrnerital
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 Respondents fail
to petition or elect not to petition the Illinois Pollution Control Board for review of this 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,
1021
North
Grand
Avenue 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.
Ifany civil penalty and/or hearing costs are not paid within ffrellmepresciibedbyi~irderof
the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or
hearing
costs shall
be assessed
againstthe Respondents from the date payment isdueuptoand:incFuding:the:date that payment is
received.
The Office
of the
Illinois
Attorney General
may
be
requested
to
initiate proceedings
against Respondents in Circuit Court to collect said 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
of the Act, 415 ILCS 5/31/1
(2002).
If Respondents elect to contest
this Administrative Citation, then
Respondents 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, Chic~ägo,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 Respondents.
(~e’~t~
C(1~4A41~Ci
Date:
______
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
4
CLERK’S 0~FICE
REMITTANCE
FORM
AUG
1
5
2003
STATE
OF
ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Po//~t~0~
Contro’ Bo~
d
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 391-03-AC)
MARY LOU and H.
FRANK RECORD,
)
)
Respondents.
)
FACILITY:
Record
Property
SITE CODE NO.:
0578255001
COUNTY:
Fulton
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION:
June
19,
2003
DATE REMITTED:
-
SS/FEIN
NUMBER:
SIGNATURE:
NOTE
Please enter the date
of your
remittance,
your
Social Security
number (SS)
if an
individual
or
Federal Employer Identification Number (FEIN) ifa 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:
~
~-~j
~+.
F2#~.J~L
IEPA DOCKET NO.
~1-O3-4C
RESPONDENT.S
Affiant,
Robert J.
Wagner,
being first duly sworn,
voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by the Land
Pollution Control Division of the Illinois Environmental
Protection Agency and has been so employed at all times
pertinent hereto.
2.
On June 19,
2003,
between 11:20
a.m. and 1:00 p.m.,
Affiant conducted an inspection of the open dump in Fulton
County,
Illinois, known as Record Property,
Illinois
Environmental Protection Agency Site No.
0578255001.
3.
Affiant inspected said Record Property open dumpsite
by an on-site inspection, which included walking the site and
photographing the site.
4.
As a result of the activities referred to in
Paragraphs
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
Record Property open dump.
Subscribed and Sworn to before
me this
5
day of
OFFICIAL
SEAL
Lynne A.
Anthony
Notary Public, State of Illinois
My Commission Expires 1/21/07
C
~~tary
p’E~1Ic
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Fulton
LPC#:
0578255001
Region:
3
-
Peoria
Location/Site
Name:
Young Hickory
I
Record Property
Date:
06/19/2003
Time:
From
11:20AM
To
1:00 PM
Previous
Inspection Date:
Inspector(s):
Robert J. Wagner
Weather:
74 F, Sunny Dry
No. of Photos Taken:
#
43
Est. Amt. of Waste:
1950
yds3
Samples Taken:
Yes #
Interviewed:
Mary Lou
Record
Complaint #:
C-2003-082-P
Frank
H.
Record
d/b/a Quality Disposal
31011
N.
County Hwy2
ElIisviIle, Illinois, 61431
(309) 293-5205
No~
Mary Lou
Record
31011
N. CountyHwy2
Elli~ville,Illinois, 61431
(309) 293-5205
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
E
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
WASTE INTO THE STATE
ATITO SITES NOT MEETING
REQUIREMENTS OF ACT
8.
21(p)
CAUSE
OR ALLOW THE
OPEN
DUMPING OF ANY WASTE
IN A MANNER WHICH RESULTS
IN
ANY
OF THE
FOLLOWING OCCURRENCES AT THE
DUMP SITE:
(1)
Litter
(2)
Scavenging
(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
E
Responsible
Party
Mailing Address(es)
and
Phone
Number(s):
-
-~-~
,~
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0578255001
Inspection
Date:
06/19/2003
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition Oe.hris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open
Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE
G
-
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
10.
812.101(a)
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
ACCEPTANCE
OF SPECIAL WASTE
FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
13.
809.302(a)
PERMIT AND/OR MANIFEST
-
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LII)
PCB;
(LII)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
15.
OTHER:
.
-
E
.
E
.
E
7/i
1/~Q~Lr~\
1/A \$() /
E
/
S
natu e of I~hspector(s)
Informational Notes
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
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)
0578255001
--
Fulton
County
Record Property
-
Robert
J
Wagner
June
19, 2003
Page 1
Narrative
~
-
p
-,-..
-~
On June 19, 2003, this author (Robert J. Wagner) inspected
a property owned by Frank and Mary
Lou Record (see attached property deed).
The property is
located at
31011
N. County Highway
2, Ellisville, Illinois.
The inspection was a result ofa citizen’s complaint (C-2003-082-P).
Frank
Record owns and operates a garbage disposal business called Quality Disposal.
The
complainant
alleged
that
Frank
Record
dumps
garbage
and
construction
debris
on
his
property.
According to the complainant,
Mr. Record bums the garbage and construction
debris
as a method ofdisposal.
The complainant
alleged that Mr. Record also buries waste materials on
the property.
The material is buried behind a red barn
and in
a ravine on the property.
For the
purpose ofthis report these area will be referred to as Site
1
(Bum Area),
Site 2 (Red Barn Area),
and Site
3
(Ravine Area).
Attached to this report is an aerial photograph showing the three sites.
This
author arrived
at
11:20
AM
at the
Record Property.
This
author observed
from
County
Highway 2 material being burned on the property.
This author spoke to Mrs.
Mary Lou Record
about the material being burned on
the property.
She
gave this
author permission to
walk
and
photograph the property.
Site
1
This
author
observed
dry wall,
processed
wood,
a
barrel,
a
hot water heater,
green material,
paper, a wood pole (electrical
pole),
and metal
containers
being burned
on
Site
1.
The waste
material was being burnt
in two
rows.
Photographs
1,
2,
3,
4,
6,
7,
and
8
show the burn area.
This author observed the charred remains ofburnt tires that were still on rim attached to a trailer.
Photograph
5
shows the tires.
Adjacent to the bum pile was another pile of debris.
This pile of
debris consisted of dirt, processed wood, blue containers, and tree branches.
Photograph 9 shows
the pile ofdebris.
The two rows of the burn pile will be
called Row
1
and Row 2 for this report.
Row
1
was approximately
25
feet long by
5
feet wide by 3
feet high in size (13 yd3).
Row 2 was
approximately
50
feet long by
5
feet wide by
1
foot high in size (9 yd3).
The pile of debris was
approximately
6
feet long
by
6
feet wide
by
5
feet high
in size
(6 yd3).
The total
amount
of
waste deposited on Site
1 was
28 yd3
Site 2
This
author
observed
white
goods,
plastic
containers,
plastic
wrappers,
paper,
carpet,
glass
bottles, tires, and general refuse
dumped on Site 2 (see
site sketch).
Photographs
10,
11,
12,
13,
14,
15,
16,
17,
18,
19, 20, 21, 22,
and 23 show the solid waste material.
It was difficult to assess
how
large
of an
area was
effected
by
the
solid
waste
dumped
in
this
area
because of the
vegetative growth.
Site 2 was approximately 40 feet long by
73
feet wide by
1
foot deep in size
(108 yd3).
0578255001
--
Fulton County
Record Property
Robert
J. Wagner
June 19, 2003
Page
2
Site 3
This author observed processed wood, paper, plastic containers, a plastic cooler, and metal debris
dumped on
Site
3.
Evidence indicates that material
is
buried in
this area of the property.
This
evidence
is papers and plastic containers protruding from the ground.
Photograph 24,
25,
26, 27,
28,
29,
30,
31,
32,
33,
34,
35,
36,
37,
38,
39,
40, 41,
42,
and 43
show the solid waste material.
The photographs
also
show a bulldozer tractor sitting
on
the area where
solid
waste material is
located.
Site
3
was approximately 254
feet long by
193
feet wide by
1
foot deep insize (1815
yd3).
According to
Mrs.
Record, the solid waste material being burnt
on her property probably came
from
a
barn
that
was
being
cleaned.
She
was
not
sure where
the
barn
was
located
on
her
property.
She said
some of the material
might have come from her
daughter’s house.
She then
gave me
her
daughter’s
name
and
address,
Susan
Platt,
9936
E.
County
Hwy
17,
Ellisville,
Illinois.
She
does not know how the solid waste material dumped behind the red barn got there
(Site 2).
She
said that her husband no
longer dumps
in the ravine area of the property (Site
3).
She said that they have not used that dumpsite for several years.
Her husband takes all the solid
waste material he collects from his routes to the landfill.
This author departed at
1 PM.
The
following
alleged
violations
were
observed
and
indicated
on
the
open
dump
inspection
checklist:
1.
Pursuant
to
Section
9(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(a)),
no
person
shall
cause
or threaten
or
allow
the
discharge
or emission
of any
contaminant into the environment in any State so as to cause 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.
A
violation
of Section
9(a)
is
alleged
for
the
following
reason:
Evidence
of
open
burning
which would
cause
or
tend to cause
air pollution
in
Illinois
was
observed
during the inspection.
2.
Pursuant
to
Section
9(c)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(c)),
no
person shall cause or allow the open burning ofrefuse,
conduct any salvage
operation by
open burning, or cause or allow the burning of any refuse
in
any
chamber
not
specifically
designed
for
the
purpose
and
approved
by
the
Agency
pursuant
to
regulations adopted by the Board under this Act.
A
violation
of
Section
9(c)
is
alleged
for
the
following
reason:
Evidence
of
open
burning was observed during the inspection.
3.
Pursuant
to
Section
21(a)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(a)),
no person shall cause or allow the open dumping of
any waste.
0578255001
--
Fulton County
Record Property
Robert J. Wagner
June 19, 2003
Page 3
A
violation
of
Section
21(a)
is
alleged
for
the
following
reason:
Evidence
of
open
dumping ofwaste was observed during the inspection.
4.
Pursuant
to
Section 21(d)(1) of the
Illinois
Environmental
Protection Act
(415
ILCS
5/21(d)(1)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or
waste-
disposal
operation
without
a
permit
granted
by
the
Agency
or
in
violation
of
any
conditions imposed by suchpermit.
A violation of Section 21(d)(1)
is
alleged for the following reason: Waste was disposed
without a permit granted by the Illinois EPA.
5.
Pursuant to
Section
21(d)(2) of the
Illinois
Environmental
Protection
Act
(415 ILCS
5/21(d)(2)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or
waste-
disposal
operation
in
violation of any
regulations
or standards
adopted by
the
Board
under this Act.
A
violation of Section
21(d)(2)
is
alleged
for the following reason:
A
waste
disposal
operation
was conducted in
violation of regulations adopted by the Illinois Pollution
Control Board.
6.
Pursuant
to
Section
21(e)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(e)),
no
person shall
dispose,
treat,
store or
abandon
any
waste,
or transport
any
waste
into this State
for disposal,
treatment,
storage or abandonment, except
at a
sit&or
facility
which
meets
the
requirements
of
this
Act
and
of
regulations
and
standards
thereunder.
A
violation of
Section
2 1(e)
is alleged
for the following reason: Waste was
disposed
at
this
site
which
does
not
meet
the
requirements
of
the
Act
and
regulations
thereunder.
7.
Pursuant
to
Section 21@)(1)
of the
Illinois
Environmental
Protection Act
(415
ILCS
5/21Q)(1)), no person shall, in violation ofsubdivision (a) ofthis
Section, cause or allow
the open dumping of any
waste in a manner which results in litter.
The prohibitions spec~JIed
in this subsection(p) shall be enforceable by the Agency either
by administrative citation under Section
31.1 of this Act or as otherwiseprovided by this
Act.
The specificprohibitions
in
this
subsection
do not limit
the power of the Board to
establish regulations or standards applicable to open dumping.
A violation of Section 21(p)(l)
is
alleged for the following reason:
The open
dumping
ofwaste was
caused or allowed in
a manner which resulted in litter.
0578255001
--
Fulton County
Record Property
Robert J. Wagner
June 19, 2003
Page 4
8.
Pursuant to Section 21@)(3) of the Illinois
Environmental Protection Act (415 ILCS
5/21(p)(3)), no person shall, in violation of subdivision (a) ofthis Section, cause or allow
the open dumpingof
any
waste in amannerwhich results in openburning.
A violation of Section 21(p)(3)
is
alleged for the following reason:
The
open dumping
ofwaste was caused or
allowed in
a manner which resulted in open burning.
9.
Pursuant
to
Section
2l(p)(’7) of the
Illinois
Environmental
Protection
Act .(415
ILCS
5/21(p)(7)), no
person shall cause or allow the open dumping ofwaste
in
a manner that
results in deposition of general or clean construction or demolition debris.
A violation of Section
2l(p)(7)
is
alleged for the following reason: The open
dumping
of waste was caused or
allowed in
a manner which
resulted in deposition of general
or
clean construction or demolition debris.
10.
Pursuant
to Section
55 (a)(1) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/55(a)(1)),
no person shall cause or allow the open dumping ofany used or waste tire.
A
violation
of Section
55(a)(1)
is
alleged
for
the following
reason:
Evidence of open
dumping
of used or waste tires was observed during the inspection.
11.
Pursuant
to
Section
5
5(a)(2) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/55(a)(2)),
no person
shall cause or allow the open burning ofany used orwaste tire.
A
violation of Section
55(a)(2)
is
alleged
for the
following reason:
Evidence
of open
burning of used or waste tires
was observed during the inspection.
12.
Pursuant to 35 Ill. Adm. Code
812.101(a), all persons, except those specifically exempted
by
Section
2 1(d)
of
the
Illinois
-
Environmental
Protection
Act,
shall
submit
to
the
Agency an application for a permit to develop
and
operate a landfill.
A violation of 35
Ill.
Adm.
Code 812.101(a)
is
alleged for the following reason: A waste
disposal site was
operated without submitting to the Illinois
EPA an application for
a permit to develop and
operate a landfill.
DATE OF INSPECTION:
06/19/03
SiTE CODE: 0578255001
SITE
NAME: Record Property
STATE OF
ILLINOIS
ENVIRONMENTAL
PROTECTIONAGENCY
SITESKETCH
4
2
3
V
V
1
cii~~EIi~III:J
-~
5
9~.
INSPECTOR(S):
Robert
J.
Wagner
COUNTY: Fulton
TIME:
11:20 AM to 1:00 PM
Hou~
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I
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F,
6
.48
Site 2
42
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38
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4’
37
4’
36
35
p
Site
3
34
I
4
32
4
31
4
30
4
25
4
29
4
26
Drawing
Not To Scale
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0578255001
-
Fulton County
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1
~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
IEPA DOCKET NO.
RESPONDENT
Affiant, Robert
J. Wagner,
being
first
duly
sworn,
voluntarily
deposes
and
states as
follows:
1.
Affiant
is
a
field
inspector
employed
by
the
Land
Pollution
Control
Division
of
the
Illinois
Environmental
Protection Agency and has been so employed at all times
pertinent
hereto.
2.
On
June
19,
2003,
between
11:20
a.m.
and
1:00
p.m.,
Affiant conducted an inspection
df
the
open
dump in Fulton
County,
Illinois,
known
as
Record
Property,
Illinois
EnvirOnmental
Protection
Agency
Site
No.
0578255001.
3.
Affiant
inspected
said
Record
Property
open
dumpsite
by
an
on-site
inspection,
which
included
walking
the
site
and
photographing
the
site.
4.
As a result of the activities referred to in
Paragraphs
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
Record
Property
open
dump.
Subscribed
•and
Sworn
to
before
me
this
5
day
of
OFFICIAL
SEAL
Lyt~neA. Anthony
Notary Public, State ofIllinois
My Commission l~xpircs1/21/07
~4c3k~N
t~ytar~Public
§
_XW~’_J2L2&
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Record
Site Location Map
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ILLINOIS
POLLUTION
CONTROL
ROARP
•
REcEIvED
October
4,
1978
~‘
(~PC/NPC.
~
:~-~-~
:i
~
4~7
U.jL
1~j
~fo
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
)
ENVJ&QJ’~MENTALFROTEC11~4IENCY
STATE
OF
IUINOIS
Complainant,
v.
)
PCB 77—290
FRANK
RECORD,
)
• Respondent.
MR.
JOHN
VAN
VRANKEN,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
MR.
JAMES
D.
REYNOLDS,
ATTORNEY
AT
LAW,
APPEARED
ON
BEHALF
OF
THE
RESPONDENT.
OPINION
AND
ORDER
OF THE
BOARD
(by Dr.• Satchell):
•
This matter comes before the Board upon a complaint filed
on November 7,
197.7 by the Environmental Protection Agency
(Agency).
The Agency alleges that Respondent, Frank Record,
has violated Rule 202(b)
(1)
of the Chapter
7:
Solid Waste
Rules and Regulations
(Chapter 7)
and Section 21(e)
of the
Environmental Protection Act
(Act);
and Rule
305 (c)
of
Chapter 7 and Section 21(b)
of the Act.
A hearing was held
in this matter on May 17,
1978.
The Board must make determinations on two offers of
proof prior to considering the case.
The Board will accept
as
exhibits Complainant
Request to Admit Facts.
No foundation
is -necessary under Procedural Rule 314 other than proof of
service.
Under the same Rule if no response or objection is
received within twenty days after service the facts requested
to be admitted are deemed admitted.
In this case the facts
requested to be admitted are deemed admitted.
The second
-
offer of proof concerns inspection reports made by Gilbert
Stauffer submitted as Complainant’s Exhibits 3—7.
These
exhibits were submitted as business records based on a
foundation of testimony of Terry
G. Ayers,
an employee of
the Agency.
The Supreme Court Rules of Practice,
Rule 236
provides that writing or record made in the regular course
of business at the time of the event or within a reasonable
time thereafter is admissible as evidence.
The Rule further
provides other circumstances——including lack.of personal
knowledge by the entrant or maker may be shown to affect its
weight, but shall not affect its admissibility.
The Board
finds that Complainant’s Exhibits marked 3—7 should be ad-
mitted as evidence.
14
Mr.
Record
stated
that
he
had
run
a
landfill
at
this
site
from
1958
to
June
1977
(R.
15,16)
.
He
also
stated
that
he
has
•
never
had
a permit for the site
(R.
17).
Respondent quit using
the
site
in
June
1977
(R.
16).
At
that
time
he
had
cover
applied
but
he
doesn’t
know
how
deep
it was; he presumes two or three
•
feet
(R.
17,
18)
On August 5,
1977 a total of 14 borings were taken every
20
yards along the east central and west central areas of the site
(Comp.
Ex.
7).
Of these borings,
10 had adequate cover
(Comp.
Ex.
7).
The remaining borings showed six inches to one and one
half feet of cover
(Comp.
Ex.
7).
Two areas
remained uncovered
(Comp.
Ex.
7).
On May 15, 1978 an inspection was made
(R.
25).
It appeared cover had been recently applied;
there was some
surface litter
(R.
25).
Three borings were taken in the-north-
western portion of the site and two were taken in the eastern
Section
(R.
26).
The cover was from six inches to one and one
half feet deep
CR.
26).
-~
The Board finds that the admissions alone would be sufficient
to find a violation of both operating without a permit in violation
of Rule 202(b) (1)
of Chapter
7 and Section 21(e)
of the Act and
failure to apply final cover in violation of Rule 305(c)
and
section 21(b)
of the Act; however,
the evidence presented at the
hearing further substantiates both violations.
The record does
not provide much information concerning Section 33(c)
of the Act.
It is difficult to discern to what extent Mr. Record used the site
in recent years.
He states he takes the majority of his refuse to
the city-county landfill in Peoria County or
to. the Fulton County
Landfill
(R.
16).
According to Complainant’s Exhibit
7, approx-
irnately five to six acres of an eight acre site have been filled.
Mr. Record refers to the area as “a couple acres,
two or three
acres”
(R.
20).
No one establishes if this is the entire area
used since 1958 or since July 27,
1974, the time the allegations
of
the com~Iaintbegin.
The area
is an old strip mine
(R.
19).
Leachatè was observed falling from the north face into the strip
mine pit and in one other area
CR.
26).
No geological information
is provided.
It
is apparent that an unlicensed landfill has been run here
for a number of years.
Respondent did know of the existence of
the Agency and that there were prescribed rules concerning how to
run a sanitary landfill
(R.
18).
Respondent has quit using the
site and has made some attempt to place final cover;
however, there
is still work that needs to be done.
The Board will require that
Respondent either acquire the proper Agency operating permit or
submit to the Agency a proper closure plan within 60 days of this
order which shall be implemented within 90 days after Agency
approval.
The Board will also assess a penalty of $250 to aid the
enforcement of the Act.
—3—
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board that:
1.
Frank Record is found in violation of Rule 202(b) (1)
of Chapter
7: Solid Waste Regulations and Section 21(e)
of- the Act and of Rule
305(c)
of Chapter
7 and Section
-21(b)
of the Act.
~
Respondent shall either ob~~çtheproper Agency
operating permit within 90 days~Xofthis order or
submit
to the Agency within 60 days~oft is or er
a proper closure plan which shall be implemented
within
90 days of Agency approval.
-
3.
Respondent shall pay
a penalty of $250 within 35
4~y~4of
this order.
Payment
shall be by certified
(~heck
or
money
order
payable
to:
(i~i?~)
Fiscal
Services
Division
Illinois Environmental Protection Agency
2200
Churchill
Road
Springfield, Illinois 62706
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the aboye Opinion and Order were
adopted on the
___________
day of
&&~
,
1978 by
a.
vote of ~
.
•
-
C ristan L. Moffe ~plerk
Illinois Po1lution’-~ntrolBoard
WARRANTY DEED—
I~1ux
114O~w
‘~“~
fllEG,ANTOR~s•_c.
3.
Ubland
and
Hazel
J. Uhiand, his wife,
of
fh.
County
of
Adorn,
ond
Stat,
of
(limo,,,
for
and
in oansideration
of
Ten
($10.00)
Dollars and other
vale~,On____~oc~c
lnhondpad.CONVEY-~
•
,nd
WARRANT
to~
H. Fraflk_ReCOr&afld.MarY_LOU Record,~
husband
and
wire,
~
but
~
lb.
followIng
d.,c,ibed
Real Esrot.
Tract
I
The Southwest Quarter and the West One—half of the
Southeast Quarter of Section Twenty—seven
(27),
in
Township Eight
(8)
North of
the Base Line,
Range Two
(2) East of the Fourth Principal Meridian,
containing
Two Hundred Thirty-one and Seventy—six Hundredths
(231.76)
acres, more or less,
all situated in the
County of Fulton and State of Illinois, and
Tract
XI
The Northwest Qua~terof Section Thirty—four
(34),
in Township Eight
(8) North of the Base Line,
Range
Two
(2) East of the Fourth Principal Meridian,
containing One Hundred Sixty
(160)
acres, more or
•
less, all
FUITONNfl’R&LESTh?E
TRANSFER
TAX
PAID
*.LP.?i:..°
°
ft.
RUMLER,
CLERK
BECORVtR
Fulton
~sTTa~Leeeoe
,,tuatnd
in th~
County of
d~(~Ø(
in
tIre Stat,
of
Illinois,
her.by
releasingend
woioing
all tightt unde,
and
byi,tnn~~n~1r,&adRonng’ion
to.’t
~
!~°~neral_property_taxes
for_they~ar_1978,
whIch
the Granteei
herein
by
acceptance
of
this
Deed
hereby
assume
and
agree
to
pay.
Doted
this
7th
•.
day of
-
______________________
AD.
IP,IP_.
ISEAL)
~4~9~4~SEALl
-
•
—
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(SEAL)
——
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fSEALl
fr-
4O~159
CA,!
s
euwoo E~afft
Stnuts, to
AC!000LflhE
AL
Ott
lit
~sg~
C
/
MAIiOtAY
K~OID
Ii
Se.
.2L~Q..PSe
AU
STATE
OF
ILLINOIS,
COUNTY
OF
~Oi~c
‘“‘
Ful ton
Rosemarie Potts
-
--.-• -
o
Nntory
P0b1, in. ,nd
for
taid County
and
Store
,fo,ewid.
DO
tigotgn
CERTIfY. that
C.
V.
tJhland
~
p~.,onoIIy
kno.,n
to
no
to
be
the
ton,,
p..ton
5
.hosa
non,,S
are•
•
•~
-
,ub.nrbnd
to
fr.
foregoing
intt,unrnnt,
.ppeo’ed
beta,.
or
tI,,~~oy
gnp.rtan
end
orhnon.ledged
thot
they
,igned.
..oI.d ond
doli~,.d
th,
tad
in,uunent
,~
_~O
J.X_,
b.. and .&unt,ry
Oct. far
tho
ow,
ond
purpocas tbqc.~n
tat forth,
Innluding the
t.l.,,,
end ,ni.e, of
fr,
right
of hom.s?.od
Gi..n
unde, ny
frond and official
t00t
tf,i,
—
•_
•.2nd
-
—
•___.
~
of
SEAL)
NOTARY
pugiuC
DOCUMENTARY
STAMPS
STATE
OF ILL)NOIS~
REAL ESTATE
TRANSFER TAX
C
.,
‘•f•~,~”
***
.~
dPRSlf
DEpT.or
2
4
0.
0
0
ER
lot?fI
REVENUE
Eoempf
under
pronisions
of
Ponograpfs
——
Secfiorr
4,
Real
Estote
Transfer
Too
Acf
Dote
Bvyer,
Seller
or
Represeofafine
DEED
PREPAREDRY
Loos
S~,~ç05jpVermont
Street
TIne
too statements forthe year 1928
and
subsequentyears shall
be tent to
Quincy,
Illinois
62301
NAME
Mr.
H.
Frank
Recor~
.,P_•
—~
~
~.
-
•
-.
ADDRESS
R.R.,Farmington,
Illinois
61531
I
~?2’71.
~
0578255001
-
Fulton
County
Site Photogr~phs
Record Property
Page
1
of
22
FOS
File
DATE:
June
19, 2003
TIME:
11:27AM
PHOTOGRAPHED
BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE NAME:
057825500
1—06 192003-001 .jpg
COMMENTS:
DATE:
June
19,
2003
TIME:
11:28AM
PHOTOGRAPHED BY:
Robert
J.
Wagner
DIRECTION:
Photograph taken
towardthe
southeast.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE NAME:
0578255001-06
192003-002.jpg
COMMENTS:
DOCUMENT FILE NAME:
0578255001—06 192003.doc
-
“C.
~
-
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-
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0578255001
-
Fu!ton County
Record Property
FOS
File
DATE:
June 19,
2003
TIME:
11:28AM
PHOTOGRAPHED BY:
Robert
J.
Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME:
057825500
1’-06 192003-003.jpg
COMMENTS:
DATE:
June
19, 2003
TIME:
11:28AM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward
the south.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH
FILE
NAME:
057825500
1-06 192003-004.jpg
COMMENTS:
Site Photographs
Page2of22
L ~
-
DOCUMENT FILE NAME:
0578255001”-06192003.doc
0578255001
-
Fulton County
Site Photographs
Record Property
Page
3
of22
FOS
File
DATE:
June
19, 2003
TIME: 11:28AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
0578255001—06192003-005.jpg
COMMENTS:
DATE:
June
19,
2003
TIME:
KEYBOARD
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
towardthe northwest.
PHOTOGRAPH
NUMBER: 6
PHOTOGRAPH
FILENAME:
0578255001—06192003-006.jpg
COMMENTS:
DOCUMENT FILE NAME:
0578255001”-06192003.doc
•
0578255001
-
Fulton County
Site
Photographs
Record Property
Page 4 of22
FOS File
DATE:
June 19,
2003
TIME:
11:29AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
0578255001-061 92003-007.jpg
COMMENTS:
DATE:
June
19,
2003
TIME:
11:29AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
0578255001-06 192003-008.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
0578255001-’06 192003.doc
0578255001
-
Fulton County
Site Photographs
Record Property
Page 5 ~f 22
FOS
File
DATE:
June
19,
2003
TIME:
11:34AM
PHOTOGRAPHED
BY:
Robert I. Wagner
DIRECTION:
Photographtaken
toward the south.
PHOTOGRAPHNUMBER:
9
PHOTOGRAPH FILE NAME:
0578255001—’06 192003-009.jpg
COMMENTS:
DATE:
June
19,
2003
TIME: 11:39AM
PHOTOGRAPHEDBY:
Robert J. Wagner
-
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE
NAME:
057825500
1—06 192003-010.jpg
COMMENTS:
DOCUMENT FILE NAME:
0578255001—06 192003.doc
0578255001
-
Fulton
County
Site Photographs
Record Property
Page 6
of 22
FOS
File
DATE:
June
19,
2003
TIME:
11:39AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION: Photograph
taken
toward the east.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
0578255001-06192003-011.jpg
COMMENTS:
DATE:
June
19,
2003
TIME:
11:39AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
towardthe east.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE NAME:
0578255001-06192003-0 12.jpg
COMMENTS:
DOCUMENTFILENAME:
0578255001—06192003.doc
0578255001
-
Fulton County
Site Photographs
Record Property
Page 7of22
FOS
File
DATE:
June
19, 2003
TIME: 11:39AM
PHOTOGRAPHED BY:
Robert
I.
Wagner
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH
FILE
NAME:
0578255001-06192003-013.jpg
COMMENTS:
DATE:
June
19,
2003
TIME:
11:40AM
PHOTOGRAPHED
BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH
FILE
NAME:
0578255001-06 192003-014.jpg
COMMENTS:
DOCUMENT FILE NAME:
0578255001—06192003.doc
0578255001
-
Fulton County
Record Property
FOS File
DATE:
June
19, 2003
TIME:
11:41AM
PHOTOGRAPHEDBY:
Robert J. Wagner
DIRECTION:
Photograph
taken
toward the
east.
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE NAME:
0578255001-06192003-015.jpg
COMMENTS:
•
DATE:
June
19,
2003
TIME:
11:41AM
PHOTOGRAPHED
BY:
•Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE NAME:
0578255001-06192003-01 6.jpg
COMMENTS:
DOCUMENTFILENAME:
0578255001-06192003.doc
Site Photographs
Page 8 of 22
0578255001
-
Fulton County
Site Photographs
Record Property
Page 9 of22
FOS File
DATE:
June
19, 2003
TIME:
11:41AM
PHOTOGRAPHED BY:
Robert
J. Wagner
DIRECTION:
Photograph
taken
toward
the
north.
PHOTOGRAPHNUMBER:
17
PHOTOGRAPH FILE NAME:
0578255001-06192003-017.jpg
COMMENTS:
DATE:
June 19,
2003
TIME:
11:42AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPHNUMBER:
18
PHOTOGRAPH FILE NAME:
0578255001--’06192003-018.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
0578255001”-06192003.doc
0578255001
-
Fulton County
Site Photographs
Record Property
Page 10 of 22
FOS File
DATE:
June
19, 2003
TIME:
11:43AM
PHOTOGRAPHED
BY:
Robert J.
Wagner
DIRECTION:
Photograph
taken
toward
the southeast.
PHOTOGRAPH
NUMBER:
19
PHOTOGRAPHFILENAME:
0578255001’-06192003-019.jpg
•COMMENTS:
DATE:
June 19,
2003
TIME:
11:43AM
PHOTOGRAPHED BY:
Robert
J.
Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPHNUMBER: 20
PHOTOGRAPHFILENAME:
0578255001-06192003-020.jpg
COMMENTS:
DOCUMENTFILENAME:
057825500 1-06 192003.doc
0578255001
-
Fulton County
Record Property
FOS File
DATE:
June
19,
2003
TIME:
11:44AM
PHOTOGRAPHED BY:
Robert
J.
Wagner
DIRECTION:
Photograph taken
toward the
west.
PHOTOGRAPHNUMBER: 21
PHOTOGRAPH FILENAME:
0578255001-06192003-021.jpg
COMMENTS:
DATE:
June
19, 2003
TIME:
11:44AM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph
taken
towardthe west.
PHOTOGRAPH NUMBER:
22
PHOTOGRAPHFILE NAME:
0578255001’-06 192003-022.jpg
COMMENTS:
Site Photographs
Page
11
cf
22
DOCUMENT FILE
NAME:
0578255001-06192003 .doc
0578255001
-
Fulton County
Site Photographs
Record Property
Page 12
of
22
FOS File
•
DATE:
June
19,
2003
TIME:
11:44AM
PHOTOGRAPHED
BY:
Robert
J. Wagner
DIRECTION:
Photographtaken
toward the
southeast.
PHOTOGRAPH NUMBER:
23
PHOTOGRAPH FILENAME:
0578255001-06192003-023.jpg
COMMENTS:
DATE:
June
19,
2003
TIME:
12:07PM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph
taken
toward the
northeast.
PHOTOGRAPH NUMBER:
24
PHOTOGRAPH FILE NAME:
0578255001-061 92003-024.jpg
COMMENTS:
DOCUMENTFILE NAME:
0578255001-06192003.doc
0578255001
-
Fulton County
‘
Site Photographs
Record Property
Page 13 of 22
FOS
File
DATE:
June
19,
2003
TIME:
12:07PM
PHOTOGRAPHED BY:
RobertJ.
Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
25
PHOTOGRAPH FILE NAME:
057825500 1—06192003-025.jpg
COMMENTS:
DATE:
June
19,
2003
TIME:
12:07PM
PHOTOGRAPHEDBY:
Robert J.
Wagner
DIRECTION: Photograph
taken
toward
the north.
PHOTOGRAPHNUMBER: 26
PHOTOGRAPH FILE
NAME:
•
0578255001—06192003-026.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
0578255001-06 192003.doc
0578255001
-
Fulton
County
Site Photographs
Record Property
Page 14 cf 22
FOS File
DATE:
June 19,
2003
TIME:
12:09PM
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPHNUMBER: 27
PHOTOGRAPH FILE NAME:
0578255001—’061 92003-027.jpg
COMMENTS:
DATE:
June 19, 2003
TIME:
12:09PM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPHNUMBER: 28
PHOTOGRAPH FILE NAME:
0578255001-06192003-028.jpg
COMMENTS:
DOCUMENT FILE NAME:
057825500 1-06192003.doc
0578255001
-
Fulton County
Record Property
FOS File
DATE:
June
19, 2003
TIME:
12:09PM
PHOTOGRAPHED BY:
Robert
J. Wagner
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
29
PHOTOGRAPH FILENAME:
0578255001-06192003-029.jpg
COMMENTS:
DATE:
June
19,
2003
TIME:
12:09PM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPHNUMBER: 30
PHOTOGRAPH FILENAME:
0578255001—’06192003-030.jpg
COMMENTS:
DOCUMENTFILE
NAME:
0578255001-06192003 .doc
Site Photographs
Page 15 of22
•
0578255001
-
Fulton County
Record
Property
FOS
File
DATE:
June
19,
2003
TIME:
12:09PM
PHOTOGRAPHED
BY:
Robert
J. Wagner
DIRECTION:
Photograph taken
toward
the
north.
PHOTOGRAPHNUMBER:
31
PHOTOGRAPHFILE NAME:
05-78255001-06192003-031.jpg
COMMENTS:
DATE:
June
19, 2003
TIME:
12:09PM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPHNUMBER: 32
PHOTOGRAPH FILENAME:
0578255001—06192003-032.jpg
COMMENTS:
Site Photographs
Page 16 of
22
—
-C’.
-
t—
DOCUMENT FILE NAME:
0578255001-06192003.doc
0578255001
-
Fulton County
Record Property
FOS
File
DATE:
June
19, 2003
TIME:
12:10PM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
33
PHOTOGRAPH FILE NAME:
057825500 1—06192003-033.jpg
COMMENTS:
DATE:
June
19, 2003
TIME:
12:11PM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
towardthe southeast.
PHOTOGRAPHNUMBER: 34
PHOTOGRAPH FILE NAME:
0578255001-06192003-034.jpg
COMMENTS:
DOCUMENT FILE NAME:
057825500 1-06192003.doc
Site Photographs
Page
17 of 22
0578255001
-
Fulton County
Record
Property
FOS File
DATE:
June
19,
2003
TIME:
12:11PM
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
35
PHOTOGRAPH FILE
NAME:
0578255001—06192003-035.jpg
COMMENTS:
DATE:
June
19,
2003
TI1\’IE: 12:11PM
PHOTOGRAPHED BY:
Robert
J. Wagner
DIRECTION: Photographtaken
toward the southwest.
PHOTOGRAPH
NUMBER: 36
PHOTOGRAPH
FILE
NAME:
0578255001-06192003-036.jpg
COMMENTS:
Site Photographs
Page 18of22
DOCUMENT
FILE
NAME:
0578255001-”06192003.doc
0578255001
-
Fulton
County
Site Photographs
Record Property
Page 19 of22
FOS File
DATE:
June
19, 2003
TIME:
12:11PM
PHOTOGRAPHED
BY:
Robert
J. Wagner
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
37
PHOTOGRAPH FILE NAME:
0578255001-061 92003-037.jpg
COMMENTS:
DATE:
June
19, 2003
TIME:
12:12PM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPH
NUMBER:
38
PHOTOGRAPH
FILE NAME:
0578255001’—06192003-038.jpg
COMMENTS:
DOCUMENT FILE NAME:
057825500 1-06192003.doc
0578255001
-
Fulton County
Record Property
FOS File
DATE:
June
19,
2003
TIME:
12:13PM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
towardthe northeast.
PHOTOGRAPH NUMBER:
39
PHOTOGRAPH FILE NAME:
0578255001-06192003-039.jpg
COMMENTS:
DATE:
June
19, 2003
TIME:
12:14PM
PHOTOGRAPHED BY:
Robert
J. Wagner
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPHNUMBER: 40
PHOTOGRAPH
FILE
NAME:
057825500 1—06192003-040.jpg
COMMENTS:
DOCUMENT FILE NAME:
0578255001”-06192003.doc
Site Photographs
Page 20
of 22
0578255001
-
Fulton
County
Record Property
FOS
File
DATE:
June
19,
2003
TIME:
12:16PM
PHOTOGRAPHEDBY:
RobertJ.
Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER: 41
PHOTOGRAPHFILENAME:
0578255001-06192003-041.jpg
COMMENTS:
DATE:
June
19, 2003
TIME:
12:17PM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPHNUMBER: 42
PHOTOGRAPHFILENAME:
0578255001—06192003-042.jpg
COMMENTS:
Site Photogrqths
Page2lof22
DOCUMENT FILE NAME:
0578255001-06192003 .doc
0578255001
-
Fulton County
Site Photographs
Record
Property
Page
22
of22
FOS File
DATE:
June 19, 2003
TIME:
12:18PM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
east.
PHOTOGRAPH NUMBER:
43
PHOTOGRAPH FILE
NAME:
0578255001-06192003-043 .jpg
COMMENTS:
DOCUMENT
FILE
NAME:
0578255001—’06192003 .doc
PROOF OF SERVICE
I hereby certif~’that I did on
the
11th
day of August, 2003, send by
Certified Mail,
Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box
a true
and correctcopyofthefollowinginstrument(s) entitledADMINISTRATiVECITATION,
AFFIDAVIT, and OPEN
DUMP
INSPECTION
CHECKLIST
To:
Mary
LouRecord and
H. Frank Record dlb/a Quality Disposal
31011 North CountyHighway 2
Ellisville, Illinois61431
and the original andnine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail withpostage 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
IllinoisEnvironmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS
FILiNG
SUBMITTED
ON RECYCLED PAPER
