CE~VE~

CLERK’S OFFICE

FEB

2004

Dorthy Gunn, Clerk

P0J

Pollution Control Board

James R.

Thompson Center

100 W. Randolph St.

Suite 11-500

Chicago, IL 60601

Dear Dorthy Gunn:

I would like to request a review of the case number

C 2004-046

Illinois Epa vs.

Christopher Coleman) filed 1-13-2004. The following is a response to the Administrative

Citation and Open Dump Checklist. There is not currently nor has their ever been any

type ofwaste storage, waste treatment, or waste disposal at this site by myselfor anyone

else since I have owned this property. No person has ever disposed or dumped any waste

tire on this property since I have owned it. This site is not a landfill and is not operated as

such.

This site is a staging areato

sort general merchandise that I purchase and no waste is

stored, treated, or disposed ofon this site. As shown in the pictures and the narrative

description by the EPA inspector the merchandise has been sorted and moved as weather

has permitted. Many items previously noted to have been “dumped” on the property are

no longer present and good merchandise has been removed and waste disposed of. There

are items that remain to be sorted but no waste is being left on the property or brought

onto the property for dumping by myselfor anyone else.

The areas noted as areas A, B and

C (pictures 2, 4,

5, 6, 7,

and

11) all show the area

where the shelters were presentpreviously and all merchandise in these shelters were

neat and organized with no waste present until a recent wind and snow storm destroyed

the shelters and caused what is shown in the photos. The shelters were removed and the

merchandise that is no longer usable is being disposed ofvia the trash pickup service.

Area A (picture 3) shows windows that were all in good condition and are not waste or

demolition debris and have now been removed and sold.

The area noted in picture

13 is ofthe inside ofthe building and is merchandise that is

being sorted and is protected from the elements.

Area D (picture 9) shows the gravel explained in this letter and a barrel that

is used by the

CW3M companypresent before I purchased the property and should

be removed when

they complete their work.

Area G (picture

15)

is the back inside of a trailer that has merchandise being sorted with

waste being disposed ofwith the weekly pickup. This

is a covered and protected trailer

and the items contained in it are usable merchandise and are not waste storage or

dumping.

Area F (picture 12) was present when the property was purchased and was not placed

there by myselfor anyone else while I have owned the property.

Area G (pictures 14 and

16) contain a sprayer that

is in good working order as well as a

fan that is usable merchandise with no demolition debris present and the furniture noted

is being cut into smaller pieces so the trash service can remove it with their trash truck.

Disposal of all waste are done by Burns disposal service located in Carbondale, Illinois

in a dumpster that

is emptied once per week. This site is currently under EPA monitoring

for underground tank removal which started before I purchased this site. These tanks

have now been removed and the company has brought in fresh gravel as noted as well as

drilling test wells for the monitoring.

In response to the complaints ofthe BOA prior to the July

15,

2003

inspection as well as

the complaints from Mr. Renzaglia and Mr. Austin after the inspection consist ofthe fact

that Mr. Austin runs a competing business and has stated to others that I am not welcome

in town due to the fact that he has lost several sales to myself and Mr. Renzaglia owns the

propertyjust north ofthis site and would benefit from myselfmoving out and selling the

property.

Burning was done of the grassy area located in picture 6 and 7 due to

a large growth of

grass and small brush. This area was burned and the top area scraped with a front loader

by a local contractor with the scraped material disposed ofand the area covered with

gravel to provide additional parking.

I have spoken with Mr. Arnold withthe BOA and stated to him that no tires or other

materials have been burned as alleged. Mr Arnold also

consulted with the local fire chief

Mr. Bobby Mc Cairn and Mr. Mc Cairn stated to me that it was allowed and he had no

problem with burning wood and general brush generated on the property. After this

discussion there was a small metal barrel placed in the center ofthe lot which contained

wood from the property that was beingremoved so that cleanup could be done ofthe

property and someone called the fire department stating that the “whole building was on

fire” which was not the case. I have been harassed by a select few neighbors that have an

interest in the property for theirown benefit and have now used the EPA and other

government agencies to harass me by continuing to make false complaints.

In conclusion, this property was in verypoor condition and the previous owner ofmany

years did very little to maintain the land or building.

The property is being cleaned within

what is allowed with the current tank

and land monitoring occurring and the amount of

vegetation that was allowed to grow up over the

years. The fuel tanks that were in the

ground have been removed and the company (CW3M from Springfield, IL) has told me

not to remove or alter the ground in front or behind the buildings since they are

monitoring for contamination and mayhave to do further drilling or soil

removal/replacement to

fulfill the contract ofmaking the land meet EPA guidelines for

reclamation. I feel that this administrative citation

is not correct.

Thank You,

Chris Coleman

P0 Box

510

Co.bden, IL 62920

CC:

Michelle M. Ryan IEPA Division of Legal Counsel