RECEIVED

CLERK’S OFFICE

FEB

2

6

2004

STATE OF ILLINOIS

Pollution. Control Board

INFORMATIONAL NOTICE!!!

IT IS IMPORTANT THAT YOU READ THE ENCLOSED

DOCUMENTS.

NOTE:

This Administrative Citation refers to TVVO separate State

of Illinois Agencies.

One

is the ILLINOIS POLLUTION

CONTROL BOARD located at State of Illinois 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 cQntest the enclosed Administrative citation, you must

file a PETITION FOR REVIEW with thirty-five (35) days of the date

the Administrative Citation was served upon you.

Any such Petition

for Review must be filed with the clerk of the Illinois Pollution

Control

Board by either hand delivering or mailing to the Board at the address

given

above.

A copy of the Petition for Review should be either

hand-delivered or mailed to the Illinois Environmental

Protection

Agency at the

address given above and should

be marked to the

ATTENTION:

DIVISION

OF LEGAL COUNSEL.

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOP~(~)~~ED

ADMINISTRATIVE CITATION

FEB

262004

STATE OF ILLINOIS

ILLINOIS ENVIRONMENTAL

)

Pollution Control Board

PROTECTION AGENCY.

)

Complainant,

)

AC

0q

-

)

v.

)

(IEPA No. 44-04-AC)

)

GLENN COOPER,

BETTY COOPER and

)

RONALD

GERNAY

d/bla

RON’S

)

SANDBLASTING,

PAINTING AND

POWER)

WASHING,

Respondent.

)

NOTICE OF FILING

To:

Glenn and Betty Cooper

Ronald Gernay

R.R. #2,

Box

124A

Ron’s Sandblasting, Painting and P~wer

Washing

Beardstown, IL

62618

5116

U.S.

Highway 67

Beardstown,

IL 626 18-8063

PLEASE TAKE NOTICE that on

this date

I mailed for filing with the Clerk ofthe Pollution

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

CITATION, AFFIIDAVT,

and OPEN DUMP INSPECTION CHECKLIST.

Respectflully submitted,

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:

February 24, 2004

THIS FILING SUBMITTED

ON RECYCLED PAPER

---

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

FEB

262004

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

~‘-t

)

v.

)

(IEPA No. 44-04-AC)

GLENN COOPER,

BETTY COOPER and

)

RONALD GERNAY d/b/a RON’S

)

SANDBLASTING, PAINTING AND POWER)

WASHING,

)

)

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 Glenn Cooper and

Betty Cooper (“Respondents”) are the present owners of a

property located inCass County,

Illinois, and

described as follows:

All that part of the North

Half of the Southwest Quarter of Section 33, Township

18

North, Range 12

West of the 3~

Principal Meridan, Cass County, Illinois.

The

property is

located

south

of Beardstown

on

Routes 67

and

100.

It is located

immediately north of the Appaloosa Trailer Park.

The property is commonly known to the Illinois

Environmental Protection Agency as

Beardstown

Twp./Cooper.

2.

That

Ronald

Gernay (“Respondent”)

leased the

property and

conducted

painting

operations on the property.

3.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and

is designated with

Site Code No. 0178025001.

---

4.

That Respondents

have

owned

and/or operated

said

facility at

alJ times pertinent

hereto.

5.

That

on

January

12,

2004,

Charlie

King

of

the

Illinois

Environmental

Protection

Agency’s

Springfield

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 Charlie

King during the course of his January 12,

2004

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 2l(p)(1)

of

the Act, 415

ILCS 5/21(p)(l)

(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

One

Thousand

Five

Hundred

Dollars

($1 ,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

March 31, 2004, unless otherwise provided

by order of the Illinois Pollution

Control

Board.

IfRespondents elect to contestthis Administrative Citation bypetitioning 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, after an adjudicatory hearing~

Respondentsshall be assessed the associated hearing costs incurred bythe 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.

Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1)

(2002), if Respondents fail

to petition or elects not to petition the Illinois PollutiortControl Board for review of thisAdministrative

Citation within thirty-five (35) days

of the date of service, the Illinois

Pollution Control

Board

shall

adopt a

final

order,

which shall

include

this Administrative

Citation

and

findings

of violation

as

alleged herein,

and shall impose the statutory civil penalty specified above.

When

payment

is

made,

Respondent’s

check

shall

be

made

payable

to

the

Illinois

Environmental

Protection

Trust

Fund

and

mailed

to

the

attention

of

Fiscal

Services,

Illinois

Environmental

Protection Agency,

1021

North

Grand Avenue

East,

P.O.

Box

19276, Springfield,

Illinois

62794-9276.

Along

with

payment,

Respondent shall complete

and

return

the

enclosed

Remittance

Form to

ensure proper documentation of payment.

If any civil penalty and/or hearing costs are not paid within the time prescribed byorderofthe

Illinois

Pollution

Control

Board,

interest on

said

penalty

and/or hearing

costs

shall

be

assessed

against the Respondents from the date payment is dueuptoand including 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

Respondent

has

the

right

to

contest

this

Administrative

Citation

pursuant

to

and

in

accordancewith Section 31.1

oftheAct, 415 ILCS 5/31/1

(2002).

lfRespondentelectstocontest

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.

-

~

Date:

2/

2~4

f~

Renee Cipriano,

Director

6a

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,

Illinois62794-9276

(217)

782-5544

4

---

REMITTANCE

FORM

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

)

v.

)

(IEPA No. 44-04-AC)

GLENN

COOPER, BETTY COOPER

and

)

RONALD GERNAY d/b/a RON’S

)

SANDBLASTING,

PAINTING AND POWER)

WASHING,

)

Respondents.

)

FACILITY:

Beardstown Twp./Cooper

SITE CODE NO.:

0178025001

COUNTY:

Cass

CIVIL

PENALTY:

-

$1,500.00

DATE OF INSPECTION:

January 12, 2004

DATE REMITTED:

SS/FEIN

NUMBER:

SIGNATURE:

NOTE

Please enter

the

date

of your

remittance,

your

Social

Security number

(SS)

if an

individual

or

Feder~I

Employer Identification Number(FEIN) if a corporation, and sign this Remittance Form.

Be

sure your

check

is enclosed

and

mail,

along

with

Remittance

Form,

to

Illinois

Environmental

Protection Agency, Attn.:

Fiscal

Services, P.O.

Box

19276, Springfield, Illinois 62794-9276.

5

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

AFFIDAVIT

IN THE MATTER OF:

)

)

Illinois Environmental

)

Protection Agency

)

)

vs.

)

IEPA DOCKET NO.

Glenn and Betty Cooper,

)

and Ron Gernay

)

Respondents

)

Affiant, Charles W. King,

Jr., being first duly sworn, voluntarily deposes and states as

follows:

1.

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

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

hereto.

2.

On January 12, 2004 between 12:05 PM and

12:30 PM, Affiant conducted an

inspection ofa disposal site operated without an Illinois Environmental Protection

Agency permit, located in Cass County, Illinois, and known as Beardstown Twp./Cooper

by the Illinois Environmental Protection Agency.

Said site has been assigned site code

number LPC# 0178025001

by the Illinois Environmental Protection Agency.

3.

Affiant inspected said Beardstown Twp./Cooperopen dump site by an on-site

inspection which 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 ofAffiant’s observations and

factual conclusions with respect to said Beardstown Twp./Cooper open dump.

Charles W. King,

Jr.

Subscribed and Sworn To before me

This~óday of~~t~-~--

~

---

ILLINOIS

Open

Dump Inspection Checklist

0178025001

Region:

Springfield

To

1230

Previous

Inspection

Date:

03022001

Weather:

Sunny 40 deg.

F.,

Winds NW

©

10mph

_______

yds3

Samples Taken:

Yes #

No

~

Complaint #:

C-98-009-C

Responsible

Party

Mailing Address(es)

and

Phone

Number(s):

/1:

1)

-

./),

SECTION

DESCRIPTION

~9~L

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 A WATER POLLUTION

HAZARD

LI

5.

21(a)

6.

21(d)

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

AT/TO SITES NOT MEETING

REQUIREMENTS OF ACT

AND

REGULATIONS

.

8.

21(p)

CAUSE OR ALLOW THE

OPEN DUMPING

OF ANY WASTE IN

IN ANY OF THE

FOLLOWING OCCURRENCES AT THE

(1)

(2)

Scavenging

(3)

Open

Burning

(4)

Deposition_of Waste

in Standing_or_Flowing_Waters

LI

(5)

Proliferation of Disease Vectors

Fill

(6)

Standing or Flowing Liquid Discharge from the Dump Site

LII

County:

Cass

LPC#:

Location/Site Name~

Beardstown Twp./Cooper

Date:

0112/’04

Time:

1205

Inspector(s):

Charlie King

No. of Photos Taken:

#

6

Interviewed:

None

Est. Amt. of Waste:

30

Mr.

Glenn

Cooper, and

Mrs.

Betty Cooper

R. R.#2,

Box 142A

Beardstown,

IL

62618

Ronald

Gernay,

Ron’s Sandblasting,

Painting and Power Washing

5116U.S.Highway67

Beardstown,

IL

62618-8063

‘~

217/323-3082

“~•~J

3

o ~cm

Revised 06/18/2001

(Open Dump

-

1)

---

LPC#

0178025001

Inspection

Date:

01/12/2004

(7)

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

LI

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

LI

SUBTITLE

10.

812.101(a)

FAILURE TO SUBMIT AN APPLICATION

OPERATEALANDFILL

11.

722.111

12.

808.121

SPECIAL WASTE

13.

809.302(a)

ACCEPTANCE

OF SPECIAL WASTE FROM

AWASTE TRANSPORTER WITHOUT A

WASTE HAULING

PERMIT, UNIFORM WASTE PROGRAM REGISTRATION

AND

OTHER REQUIREMENTS

14.

APPARENT VIOLATION OF:

(LI)

PCB;

(LI)

CASE_NUMBER:

15.

OTHER:

Informational

Notes

(

~

Signature of Inspector(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 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 atthe time of this

inspection.

Revised 06/18/200 1

(Open Dump -2)

---

MEMORANDUM

DATE:

January 20, 2004

~

TO:

Land Division File

FROM:

(j~(

Charlie King, DLPC/FOS

—

Spnngfield Region

-

SUBJECT:

LPC#

0178025001—Cass County

Beardstown Twp./Cooper

C-98-009-C

FOS File

NARRATIVE RE-INSPECTION REPORT DOCUMENT

The purpose of this memorandum is to

serve as the Narrative Re-Inspection Report

Document ofa re-inspection conducted

at the subject site on January 12, 2004 from

approximately 12:05

p.m. until 12:30 p.m., by this

author.

This site was originally

inspected on August

19,

1997, by this author.

At that time,

apparent violations ofthe

Illinois Administrative Protection Act

(Act) and of the regulations, Title 35,

Illinois

Administrative Code, Subtitle G

(35

IAC) were alleged, as discussed in the Narrative

Inspection Report Document memorandum to the Land Division File, dated September

22,

1997, by this author.

The original respondents were Chris Clark and Cathy Sue Clark.

They were sent

a

Violation Notice (VN),

L-1997-01796, dated October 3,

1997.

The Agency was

subsequently notified on or about October 20,

1997, that they were not the owners of the

property, rather, Cathy Clark’s parents Glenn and Betty Cooper were the owners.

Apparently there was confusion on

exactly which parcel ofland the site was located, as

the Coopers’ had apparently given their daughter and son-in-law

some adjacent property.

The site is apparently located very close to the property line between the two property

owners.

Therefore, the VN was re-sent with the new respondent name of Cooper.

The

revised date ofthe \~N

was November 24,

1997.

Mr. Cooper signed for the certified mail

VN on November 28, 1997.

Soon thereafter, Mrs.

Cooper and this author discussed the

open dump via telephone conversation, and this

author was assured that the site would be

cleaned up.

A writtenresponse was required within 45 days ofthe receipt of the VN, or

by January 12,

1998.

However, it was not received.

The site was re-inspected on February

19,

1998 and discussed in this author’s Narrative

Re-Inspection Report Document memorandum to the Land Division File, dated April 9,

1998.

During the February 19,

1998 re-inspection,

this author noted that approximately

halfofthe site had been cleaned up.

During that re-inspection, this

inspector was

confronted by a Mr. Ron Gemay, an apparent tenant ofthe Coopers’ who was renting the

---

property, and conducted painting operations there.

He expressed dismay that he could no

longer burn paint cans at the site, an illegal activity.

He stated that he always had

engaged in that activity and asked when it became illegal.

When told that it had been

illegal for over 25

years, he balked again and was clearly irritated.

A letter of inquiry and planned enforcement action if no response was received, was sent

to the Coopers’, dated April

16,

1998.

In addition to the information presented in the

previous paragraph regarding the confrontation with Mr. Gernay, it was noted in the letter

that as property owners, the Coopers could be held liable for any open dumping or open

burning caused or allowed by their tenants,

On May 4,

1998, Glenn Cooper called and

stated that he had just one load to

finish removing that week.

I reiterated that he must

respond in writing to the VN and submit receipts documenting cleanup.

In comments

dated May

5,

1998, Mr. Cooper wrote directly on the April

16,

1998

letter that final

disposal had been taken care of, and provided a copy of a landfill receipt.

On May 16,

1998, the site was re-inspected, with

anticipation offinding the site cleaned

up

as Mr. Cooper stated.

However, approximately 13

cu.

yds. of waste was still present.

That re-inspection revealed that two

open dump

areas were still present.

One, on the

north side of the site, consisted ofopen dumped wood, metals and open rusted

55-gal.

drum in an

areas measuring approximately 20’ x

8’.

The other area, near a front corner

of the on-site garage, measured approximately 10’ x 9’ x

2’ high.

This information was

presented in the Narrative Re-Inspection Report Document to the Land Division File

dated July

15,

1998.

The inspection report was enclosed with a letter to the Coopers’,

dated July 22,

1998.

The Coopers’ were further advised that it appeared that the cleanup

remaining at the site should take less than an hour to complete, and suggested that the

Coopers’ notify the Agency when this occurred.

However, no

further correspondence or

telephone contact was received.

Since the site could not be verified as cleaned up, the site could not officially be closed

out. Therefore no further letter was sent to

the Coopers.

A briefsite visit was made at the

site on March 2, 2001, and it appeared much the same as it had during the previous site

re-inspection, with some additional wastes present.

Copies of the inspection photos from

that site visit are attached to

this narrative.

During the January

12, 2003 re-inspection, wastes were still found to exist at the

property.

Since the Coopers’ never did complete cleanup as they had claimed, and since

Ron Gemay had apparently abandoned the mess ofpaint cans

and paint thinner cans that

he left at the site, it is recommended that Administrative Citations be issued to both the

property owners (Glenn and Betty Cooper) and the tenant (Ron Gernay).

They have left

the site in violation ofthe laws ofthe State of Illinois by failing to clean up the

site.

The

Coopers’ were repeatedly advised to cleanup the site.

Mr. Gernay was verbally advised

to clean up the

site, and since he has a nearby painting business as a painting contractor,

it is his responsibility to

keep current with the laws that affect his business.

He had

a van

at the site during the February 19,

1998 re-inspection that had the words, Ron’s

Sandblasting, Painting & Power washing, Beardstown, IL, Farm,

Home, Commercial,

Call 323-3082.

2

---

The owners ofthe site are

Glenn and Betty Cooper, R. R.

2, Box142A,

Beardstown, IL

62618.

The painter tenant who worked at the site is Ronald Gernay,

5116 U.

S. Highway

67, Beardstown, IL

62618-8063.

His telephone number is 217/323-3082.

Upon arrival at the site for the January 12,

2004 re-inspection, the weather sunny and

cool.

The air temperature was approximately40°F.

Winds were northwesterly at

approximately

10 mph.

Surface soils were damp.

Upon arrival at the site, it was immediately observed that two distinct open dump areas

were still present at the site.

The first was

to the north and somewhat west of a metal

garage on-site (see attached Digital Photograph #s 001

and 002).

This pile measured

approximately 20’

x

15’

x

2’ high.

It consisted mostly ofmetals,

ashes, aerosol cans,

bedsprings, sofa springs, wood, fibrous material waste and

a partial mattress. Most ofthe

waste was burned.

In front of the pile was a propped up sign that read, “No Duping,”

with a concrete block holding it in place (see attached Digital Photograph # 001). The

second area was at the southwest end, or the front right corner ofthe garage, while facing

the front of it (see attached Digital Photograph #s 003,

004 and 006).

It measured

approximately 10’

x

5’

x

2’ high.

It consisted of over 40 paint cans ranging from one to

five gallon capacities, approximately 20

empty metal single gallon cans, marked

“Naphtha,” two barbecue grill average sized propane tanks, and both open and closed

paint containers.

Most of the paint cans were empty.

However, some of them clearly

still contained waste paint.

A few of those were open.

Two chunks ofhardened paint

that consisting of approximately two or three inches of paint from the bottom oftwo

apparent five-gallon buckets, were on the ground (see attached Digital Photograph #

005).

A third area ofwastes was also present.

It consisted of an old bathtub, a few used

tires, scattered litter, and an apparent old burn barrel containing ashes and starting fluid

aerosol cans and

otherwastes, mostly burned.

There were six photographs taken with a digital camera during the re-inspection.

They

show the

site conditions on the day ofthe re-inspection.

From the re-inspection, previous

inspections and the inspection photos,

a computer sketch ofthe site was developed.

It

shows the basic layout of the site, along with the approximate locations

and directions of

the inspection photos.

The digital camera assigns a three-digit number to each

photograph, i.e.,

001, 002, etc.

This is how the photos are referred to

in this

narrative and

in the attached Digital Photographs.

However, to

save space on the sketch, real numbers

are used, i.e.,

1, 2, etc.

Copies ofthe Digital Photographs

and the Site Sketch accompany

this narrative and comprise part ofthis report.

During the re-inspection, apparent

violations of the Act and ofthe regulations,

35

TAC,

were

observed.

Those apparent violations include from the Act,

Sections:

9(a), 9(c),

21(a), 21(d)(1), 21(d)(2), 21(e), 21Q)(1), 21@)(3) and

55(a)(1).

Apparent violations of

35 JAC are Section:

812.101(a).

The attached Open Dump Inspection Checklist

provides additional information regarding the apparent violations.

Additional

information can be found on the Illinois EPA website, at: www.epa.state ..i.us.

3

---

Other Comments

1.

No one approached me during the inspection.

2.

The site appears that it may be

abandoned, since the wastes have been there so

long.

It is unknown when the Coopers’ or Mr.

Gernay last visited the site.

CK

cc:

DLPC/FOS

—

Springfield Region

4

---

Illinois Environmental Protection Agency

Bureau ofLand

DIGITAL PHOTOGRAPHS

LPC #

0178025001

—

County

Date: March 2, 2001

Time:

12:32 p.m.

Direction:

Photo

by:

Charlie King

Photo

File Name:

01 78025001-~03022001

-001

Comments:

Wood,

mattresses,

plastics and cardboard

are shown.

Date: March 2, 2001

Time:

12:32p.m.

Direction:

NE

Photo by:

Charlie

King

Photo File Name:

01 7802500 1~~03022001-002

Comments:

A

used tire, gas tanks

and wood wastes area shown.

J2

---

Illinois Environmental

Protection Agency

Bureau of Land

DIGITAL PHOTOGRAPHS

LPC #

0178025001

—

FOS

File

Date:

March 2, 2001

Time:

12:32

p.m.

Direction:

B

Photo by:

Charlie

King

Photo File Name:

017802500 1--~03022001

-003

Comments:

Burned ashes on the

ground

near

the shed.

Date:

March

2,

2001

Time:

12:38 p.m.

Direction:

E

Photo by: Charlie

King

Photo File Name:

01 78025001~03022001-004

Comments: Paint can wastes are

shown.

Some containers had paint

in them.

Most did not, or it was

already dried.

---

Illinois

Environmental Protection Agency

Bureau of Land

DIGITAL PHOTOGRAPHS

LPC #

0178025001

—

County

Beardstown Twp./Cooper

FOS File

Date:

March

2, 2001

Time:

12:39 p.m.

Direction:

Photo by:

Charlie King

Photo

File Name:

01 78025001~03022001

-005

Comments: Paint dumped

on

ground, paper wastes,

a used tire

and stacked metals are shown.

Date:

March 2, 2001

Time:

12:40 p.m.

Direction:

SE

Photo by:

Charlie

King

Photo File Name:

01 78025001—03022001-006

Comments:

An apparently empty

metal gas cylinder, paper,

cardboard, metals and plastic

wastes are shown.

---

Illinois Environmental Protection Agency

Bureau of Land

DIGITAL PHOTOGRAPHS

LPC #

0178025001

—

FOS File

Date:

January

12, 2004

Time:

12:10 p.m.

Direction:

N

Photo by:

Charlie King

Photo File Name:

01 78025001—01

122004-001

Comments:

A“No Duping”

sign

is

shown in front ofan open

dump/open

burn

area that

measured approximately 20’ x

15’

x2’

Date:

January

12, 2004

Time:

Direction:

E

Photo by: Charlie King

Photo File Name:

0178025001-01122004-002

Comments:

Garage type

building

from a distance.

Notice

the paint

cans

at the right side ofthe

sliding

door.

---

Illinois

Environmental Protection Agency

Bureau ofLand

DIGITAL PHOTOGRAPHS

LPC #

0178025001

—

Beardstown

FOS File

Date:

January

12, 2004

Time:

Direction:

B

Photo by:

Charlie King

Photo File Name:

0178025001-01122004-003

Comments:

Most ofthese

containers

were empty.

However,

some contained paint and were

almost

fill.

They have clearly

been abandoned.

Date:

January

12,

2004

Time:

12:15p.m.

Direction:

E

Photo by: Charlie

King

Photo File Name:

0178025001-01122004-004

Comments:

Paint and solvent

cans,

mostly empty are shown.

However, a paint can with red

paint

in

it is clearly shown and

some ofthe one-gallon cans felt

fI.ill

or nearly full.

---

Illinois Environmental Protection Agency

Bureau ofLand

DIGITAL PHOTOGRAPHS

LPC #

0178025001

—

FOS File

Date:

January

12, 2004

Time:

12;19p.m.

Direction:

W

Photo

by:

Charlie

King

Photo File Name:

0178025001-01122004-005

Comments:

Dried

paint that was

apparently

dumped

out ofthe

bottom offive-gallon paint

containers.

Date:

January

12, 2004

Time:

12:20p.m.

Direction:

W

Photo by:

Charlie

King

Photo File Name:

0178025001-01122004-006

Comments:

This

site overview

shows

paint and

solvent

cans,

mostly empty, in the foreground,

and

the open dump/open burn pile,

previously addressed,

in the back

pile

---

PROOF OF SERVICE

I hereby certify that I did on the 24th day ofFebruary 2004,

send by Certified Mail, Return

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

Box a trueand correct copyofthe followinginstrument(s) entitled ADMIINISTRATIVE CITATION,

AFFIDAVIT,

and OPEN DUMP INSPECTION CHECKLIST

To:

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

ic’1~elleM. 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