RECEIVED
CLERK’S OFFICE
MAR
15
2004
STATE OF ILLINOIS
Pollution Control Board
INFORMATIONAL NOTICE!!!
IT IS IMPORTANT THAT YOU READ
THE
ENCLOSED DOCUMENTS.
NOTE:
This Administrative Citation refers to TWO separate State
of Illinois Agencies.
One
is the ILLINOIS POLLUTION
CONTROL BOARD located at State of Illinois Center,
100 West Randolph
Street, Suite 11-00,
Chicago,
Illinois
60601.
The other state agency is the
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY located
at:
1021
North Grand Avenue East, P.O.
Box 19276,
Springfield,
Illinois 61794-9276.
-
If you elect to contest the enclosed Administrative citation, you must
file a PETITION
FOR REVIEW
with thirty-five (35) days of the date
the Administrative Citation was served
upon you.
Any such Petition
for Review must be filed with the clerk of the
Illinois Pollution Control
Board by either hand delivering
or mailing to the Board at the address
given above.
A copy of the
Petition for Review should be either
hand-delivered or mailed to the Illinois Environmental
Protection
Agency at the address given above and should
be marked to the
ATTENTION: DIVISION OF LEGAL COUNSEL.
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR
152004
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
Q ~
v.
-
)
(IEPA No.
110-04-AC)
)
JOSIAH W.
COLLINS
II
and LORI
HILTON,)
)
Respondent.
)
NOTICE OF FILING
To:
Josiah W. Collins II
Lori Hilton
307
E. Jackson
5905
E. 2100 Street
Macomb, Illinois
61455
Adair, Illinois
61411-9366
PLEASE
TAKE NOTICE that on this dateI mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully 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:
March 12, 2004
THIS FILING
SUBMITTED ON RECYCLED
PAPER
RECEIVED
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARDCLERKS OFFICE
MAR
1
~2O0~
ADMINISTRATIVE CITATION
STATE OF ILLINO~S
Pollution Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
AC
V.
)
(IEPA No.
110-04-AC)
JOSIAH W. COLLINS
II and
LORI
HILTON,
)
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 JosiahW. Collins
II (“Respondent”) isthe present ownerof a property located at
the intersection of 2100
E and 600
N
in
New Salem
Township, McDonough County,
Illinois.
The
property is commonly known
to the
Illinois
Environmental Protection Agency as Collins
Property.
2.
That
Lan
Hilton, (“Respondent”) is the current tenant and has rented the property at
all times pertinent hereto.
3.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with Site Code
No.
1098055001.
4.
That Respondent,
Mr.
Collins, has owned said facility at all times pertinent
hereto.
5.
That on February 20, 2004,
RobertJ. Wagnerof 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
J.
Wagner
during
the course
of
his
February
20, 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
on allowed
the
open
dumping
of waste
in
a
manner
resulting
in
litter,
a violation
of
Section
21(p)(1)
of the Act, 415
ILCS
5/21(p)(1)
(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 ordemolition debris, aviolation of Section 21(p)(7) of theAct, 415 ILCS
5121(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 May 17, 2004,
unless otherwise provided by
order of the Illinois Pollution
Control Board.
2
If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section
31.1
of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
Pollution Control
Board issues a finding of violation as alleged herein, after an adjudicatoryhearing,
Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shall be assessed
in
addition
to
the One Thousand
Five Hundred
Dollar ($1,500.00) statutory
civil penalty for each
violation.
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 reviewof 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,
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,
Respondents 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 thetime prescribed by order of the
Illinois
Pollution Control
Board,
interest
on
said
penalty and/or
hearing
costs
shall
be
assessed
againstthe Respondents from the date payment isdue up to and 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
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, 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 Respondents.
-
______________
Date:
_____
Renee
Cipriano, D~ector
4vVt1_~~
Illinois
Environmental Protection
Agency
Prepared
by:
Susan
E.
Konzelmann,
Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection Agency
1021
North
Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
(217) 782-5544
4
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
)
v.
)
(IEPA No. 110-04-AC)
)
JOSIAH W. COLLINS
II and
LORI HILTON,)
)
Respondents.
)
FACILITY:
Collins Property
SITE
CODE
NO.:
1098055001
COUNTY:
McDonough
CIVIL
PENALTY:
$4,500.00
DATE OF INSPECTION:
February 20, 2004
-
DATE
REMITTED:
SS/FEIN
NUMBER:
SIGNATURE:
NOTE
Please
enter
the date
of your
remittance,
your Social Security number
(SS)
if an
individual
or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form.
Be
sure
your
check
is enclosed
and
mail,
along
with
Remittance.Form,
to
Illinois
Environmental
Protection
Agency, Attn.:
Fiscal
Services,
P.O.
Box 19276, Springfield,
Illinois 62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
IEPA DOCKET NO.
RESPONDENT
Aftiant,
Robert
J. Wagner,
being first duly sworn,
voluntarily deposes and states as follows:
1.
Atfiant
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 February 20, 2004,
between 11:00 a.m. and 11:30
a.m., Affiant conducted an inspection of the open dump in
McDonough County,
Illinois,
known as Collins Property,
Illinois
Environmental Protection Agency Site No. 1098055001.
3.
Atfiant inspected said Collins 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, Aftiant 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
Atfiant’s observations and factual conclusions with respect to
Collins Property open
Subscribed and Sworn to
me this
)
day of
otary Public
OFFICIAl.
SEAT,
I.vnnc
.\.
Anthony
Notary
Public,
State of
Illinois
My Commission Expires
1/21/07
I
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump
Inspection Checklist
County:
McDonough
LPC#:
1098055001
Region:
3
-
Peoria
Location/Site Name:
Adair / Collins Property
Date:
02/20/04
Time:
From
11:00 AM
To
11:30 AM
Previous
Inspection
Date:
10/07/03
Inspector(s):
Robert J. Wagner
Weather:
Wet, Overcast, 30°F
No. of Photos Taken:
#
10
Est. Amt. of Waste:
8
yds3
Samples Taken:
Yes #
No
~
Interviewed:
Lori Hilton
-
Complaint #:
C-2002-031
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
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
0
4.
12(d)
CREATE AWATER POLLUTION
HAZARD
0
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
AT!TO 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
0
(3)
Open Burning
Lori Hilton
5905
E. 2100 Street
Adair,
II, 61411-9366
No Phone
Edward Gulliams
5905
E. 2100 Street
Adair,
II, 61411-9366
No Phone
Josiah W. Collins
II
307 EJackson
Macomb,
II, 61455
None
Found
Revised 06/18/2001
(Open Dump
-
1)
(4)
Deposition
of Waste
in
Standing or Flowing Waters
0
(5)
Proliferation of Disease Vectors
0
j~_,
Standing
or Flowing Liquid
Discharge from
the Dump Site
0
LPC#
1098055001
Inspection
Date:
02/20/04
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demnlitinn Debris
9.
55(a)
NO PERSON SHALL:
(I)
Cause or Allow Open
Dumping
of Any Used or Waste Tire
Cause
or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE
G
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO DEVELOP AND
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
-
13.
809.302(a)
ACCEPTANCE
OF
SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT,
UNIFORM WASTE PROGRAM
REGISTRATION
AND
PERMIT AND/OR
MANIFEST
14.
APPA
CASE
RENT
VIOLATION
OF:
(1)
PCB;
NUMBER:
OR
(El)
CIRCUIT COURT
DER
ENTERED
ON:
15.
OTHER:
Informational Notes
1.
Illinois
Environmental Protection
Act:
415
ILCS 5/4.
2.
Illinois
Pollution Control Board:
35
Ill.
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:
OTHER REQUIREMENTS
Revised 06/18/2001
(Open Dump
-
2)
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
-
3)
1098055001
--
McDonough
Adair / Collins Property
Robert J. Wagner
February 20, 2004
Page
1
Narrative
On February 20, 2004,
11:00
AM to
11:30 AM
this
author (Robert Wagner) conducted an
open
dump
re-inspection at property owned by
Josiah
W.
Collins
H.
The property
is
located at the
intersection of 2100
B and600 N in New Salem Township, McDonough County.
-
History
On March
28, 2002,
an
inspection took place
at the Collins
Property.
The Illinois
State Police
referred the complaint to
the Agency.
Apparently, the renters at the time ofthe inspection were
operating a met amphetamine lab in the house on the property.
The waste
generated from the lab
operation was dumped in a burn pile on the property.
On April
8,
2002,
the property owner, Josiah W.
Collins II, was sent
an Administrative Citation
Warning Notice (ACWN) for the following violations:
Section 9(a),
Section 9(c), Section
2 1(a),
Section
21(d)(2),
Section
21(e),
Section
21@)(1)
and
Section
21Q,)(3) of the
Act
and
Section
8 15.201
of the Regulations.
Mr. Collins did not respond to
the ACWN.
OnJune
13, 2002, a re-inspection took place at the property.
The same violations were
observed
during this inspection.
On June 27, 2002,
Mr. Collins was sent a continuing violation letter from
the Agency.
On October 7,
2003, a re-inspection took place at the property.
At the time ofthe inspection, the
following waste
items
were observed
in
a burn pile
(Area
1):
aerosol
cans,
plastic
containers,
processed
wood,
white
goods,
a
couch,
metal
containers,
metal debris,
tire beads,
and
tires.
Also, observed dumped in another area ofthe property (Area 2) were the following waste items:
glass bottles, car parts, paper, processed wood, brick, tile, cardboard, a toilet, and metal debris.
During the inspection,
Lori Hilton was interviewed.
Ms.
Hilton told this
author that she and her
boyfriend (Edward
Gulliams) rent the property from Mr. Collins.
She
told this
author that Mr.
Collins instructed them to burn their household trash in Area
1.
She
said that Mr.
Collins uses
Area
1
to burn debris that he generates from his rental properties.
Apparently,
this
author
misunderstood
the
pronunciation
of Mr.
Gulliams
last
name
and
misspelled
it in
the October 7,
2003,
inspection
report.
This author thought that Mr. Gulliams
last name
was
Williams
and
wrote
it
wrong in
the
Open Dump
Checklist,
in
the Inspection
Report Narrative and in the ACWN.
On November 7,
2003, Mr. Collins,
Ms.
Hilton, and Mr.
Gulliams were
all issued
ACWNs for
the following violations:
Section
9(a),
Section 9(c),
Section 21(d)(1), Section 21(d)(2), Section
21(e), Section 2lQ)(1), Section 21(p)(3), Section
21QD)(7),
Section 55(a)(1) and Section
55(a)(2)
ofthe Act and
Section 812.101(a) ofthe Regulation.
1098055001
--
McDonough
Adair / Collins Property
Robert J. Wagner
February 20, 2004
Page 2
On November
12,
2003, Mr. Collins
accepted the ACWN by
signing the certified mail
receipt
from the U.S.
Postal Service.
On December 4, 2003, this
author hand delivered ACWNs to the
property where
Stephan Gulliams accepted them.
Stephan Gulliams is
the son ofMs. Hilton and
Mr.
Gulliams.
According to
Ms.
Hilton, she gave the ACWN to
Mr. Collins.
Mr. Collins, Ms.
Hilton,
and Mr. Gulliams did not respond to the ACWNs.
Inspection
Upon
arrival,
this
author
observed
the
charred
remains of
aerosol
cans,
plastic
containers,
processed
wood,
white
goods,
a
couch,
metal
containers,
metal
debris,
tire beads,
and
tires.
These waste items were located in a bum pile.
The bum
pile will be referred to
as Area
1
in this
report.
Photographs
1, 2, 3, 4,
and
5
show
Area
1
(see site sketch and aerial photograph).
Area
1
was located in the southeastern~ortion of the property.
Area
1 was
approximately
5
feet long by
5
feet wide by 2 feet high
(50
fi).
Photographs
6, 7,
8,
9,
and
10
show glass bottles,
car parts,
paper, processed wood, brick, tile,
cardboard,
a
toilet,
and
metal
debris
dumped
along
the
driveway
(see
site
sketch and
aerial
photograph).
For the purpose of this report, this area will be referred to as Area 2.
Area 2 was
approximately 30 feet long by
6 feet wide by
1
feet high (180 ft3).
This
author interviewed
Ms.
Hilton
about the
open
dump.
According to
Ms.
Hilton,
they are
going to
try to
clean up
the property after her boyfriend (Ed Gulliams)
gets
out ofprison.
Ms.
Hilton said that she has not heard anything
from
Mr. Collins in regards to the open dump on the
property.
She
said
that
they
do
not bum
their trash
in Area
1
anymore, but
evidence of new
burning was observed in Area
1
(see
Photograph 1) and Area 2 (see Photograph 9).
This
author
departed the property at
11:30 AM.
The
following continuing
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 airpollution
in Illinois,
either alone or in combination with contaminants
fromother sources, or so as
to violate regulations or standards adoptedby 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 of refuse,
conduct
any
salvage
operation by
open burning,
or
cause
or allow
the burning
of
any
refuse
in
any
chamber
1098055001
--
McDonough
Adair / Collins Property
Robert J. Wagner
February 20, 2004
Page 3
not
specifically
designed
for
the
purpose
and
approved
by
the
Agency
pursuan(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(d)(1) of the
Illinois
Environmental
Protection
Act
(415 ILCS
5/21(d)(l)),
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 such permit.
A violation of Section 21(d)(1)
is
alleged for the following reason: Waste was
disposed
without a permit granted by the Illinois
EPA.
4.
Pursuant
to
Section
2l(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.
5.
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 site 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.
6.
Pursuant
to
Section 2l(p)(l)
of
the
Illinois
Environmental Protection
Act
(415
ILCS
5121Q,)(1)),
no person shall, in violation of subdivision (a) ofthis
Section, cause or allow
the open dumping of any waste in a manner which results in litter.
The prohibitions specified in this subsection ~v)shall be enforceable by the Agency either
by administrative citation under Section
31.1 ofthis Act or as otherwiseprovided by
this
Act.
The specific prohibitions in
this
subsection do
not limit the power of the Board to
establish regulations or standards applicable to
open dumping.
A violation of Section 2l(p)(1) is
alleged for the following reason:
The open
dumping
of waste was caused or allowed
in
a. manner which
resulted in litter.
1098055001
--
McDonough
Adair / Collins Property
Robert J. Wagner
February 20, 2004
Page
4
7.
Pursuant
to
Section
2l(p)(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 dumping of any waste in a mannerwhich results
in open burning.
A violation of Section 2l(p)(3)
is
alleged for the following reason:
The open dumping
of waste was caused or allowed in
a manner which resulted in open burning.
8.
Pursuant
to
Section
21 (p)(7)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21@)(7)),
no person shall cause or allow the
open dumping of waste in
a manner that
results in deposition ofgeneral or clean construction or demolition debris.
A violation of Section 21@)(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.
9.
Pursuant
to
Section
55(a)(
1) of the
lllinois
Environmental Protection
Act
(415
ILCS
5/55(a)(1)),
no person shall cause or allow the open dumping of any used orwaste 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.
10.
Pursuant
to Section
55(a)(2)
of the
fllinois
Environmental Protection
Act
(415
ILCS
5/55(a)(2)),
no
person shall cause or allow the open burning ofany used or waste 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.
11. Pursuant to 35
111.
Adm. Code
812.101(a), all
persons, except those specifically exempted
by
Section
2 1(d) of
the
lllinois
Environmental
Protection
Act,
shall
submit
to
the
Agency an application for a permit to develop and operate a landfill.
A violation of 35
111.
Adm.
Code
8 12.101(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.
STATE OF ILLiNOIS
ENVIRONMENTAL PROTECTION
AGENCY
SITE
SKETCh
DATE OF INSPECTION: 02/20/04
INSPECTOR(S): Robert J.
Wagner
SITE CODE:
1098105003
COUNTY:
McDonough
SITE NAME: Collins
Property
TIME:
11:00 AM to 11:30 AM
600
N
Barn
House
I
2
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Area
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1098055001
-
McDonough
Back to top
Collins Property
Map
rat
1098055001
-
McDonongh
Collins Property
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1098055001
-
McDonough County
Site Photographs
Collins Property
Page
1
of
5
FOS File
DATE:
February
20,
2004
TIME:
11:18AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE NAME:
109805500
1—~02202004-001.jpg
COMMENTS:
DATE:
February 20, 2004
TIME:
11:18AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph
taken
toward the south.
PHOTOGRAPH
NUMBER:
2
PHOTOGRAPH FILE NAME:
109805500 1-~O2202004-002.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
1098055001-~02202004.doc
1098055001
-
McDonough
County
Collins Property
FOS File
DATE:
February 20, 2004
TIME:
11:18AM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
towardthe northwest.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME:
109805500 L-~02202004-003.jpg
COMMENTS:
DATE:
February 20, 2004
TIME:
11:18AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH
NUMBER:
4
PHOTOGRAPH FILE NAME:
109805500
1—~02202004-004.jpg
COMMENTS:
Site Photographs
Page
2 of S
DOCUMENT FILE
NAME:
1098055001—02202004.doc
1098055001
-
McDonough
County
Collins Property
FOS File
DATE:
February
20,
2004
TIME:
11:18AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
109805500
1—02202004-005.jpg
COMMENTS:
DATE:
February 20, 2004
TIME:
11:19AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
towardthe north.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE NAME:
109805500 1—02202004-006.jpg
COMMENTS:
Site Photographs
Page 3 of 5
DOCUMENT
FILE NAME:
1098055001—~02202004.doc
1098055001
-
McDonough County
Collins
Property
FOS File
DATE:
February 20, 2004
TIME:
11:19AM
PHOTOGRAPHED BY:
Robert
J.
Wagner
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
109805500
1-~02202004-007.jpg
COMMENTS:
Site Photographs
Page 4 of 5
DATE:
February 20, 2004
TIME:
11:19AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward
the northwest.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE
NAME:
109805500 F-~02202004-008.jpg
COMMENTS:
DOCUMENT FILE NAME:
1098055001—~02202004.doc
8055001
-
McDonough
County
lins Property
S File
FE:
February 20, 2004
LE:
11:20AM
)TOGRAPHED
BY:
ert J. Wagner
ECTION:
Photograph taken
ird the northwest.
)TOGRAPH NUMBER:
9
)TOGRAPH FILE NAME:
~05500
1~02202004-009.jpg
MMENTS:
rE:
February 20, 2004
IE:
11:20AM
)TOGRAPHED
BY:
ert
J. Wagner
~ECTION:
Photograph taken
ard the north.
)TOGRAPH NUMBER:
10
DTOGRAPH FILE
NAME:
305500 1-~02202004-0
1 0.jpg
MMENTS:
CUMENT FILE NAME:
8055001—~02202004.doc
Site Photographs
Page 5 of 5
