RECEIVED

CLERK’S OFFICE

APR 062004

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

11-500, 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 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

BEFORE

TUE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

ADMINISTRATIVE CITATION

APR

062004

STATE OF ILLINOIS

ILLINOIS ENViRONMENTAL

)

Pollution

Control

Board

PROTECTION AGENCY,

)

Complainant,

.

)

AC

0

~P

(

)

v.

)

(JEPA No.

125-04-AC)

)

FLORENCE PROPHETER and

)

PROPHETER CONSTRUCTION

CO.,

)

Respondents.

)

NOTICE OF FILING

To:

Florence

Propheter

Propheter Construction

1901

Avenue G

.

18573

Pennington Road

Sterling, Illinois

61081

Sterling, Illinois

61081

PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Control

Board ofthe

State ofIllinois the following instrument(s) entitled ADMiNISTRATIVE CITATION,

AFFIDAVIT, and OPEN

DUMP

INSPECTION CHECKLIST.

Res

ectfully submitted,

J~le.Ry~~~

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 31, 2004

THIS FILING SUBMITTED ONRECYCLED PAPER

---

RECEIVED

CLERK’S

OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

APR

062004

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

0

)

v.

)

(IEPA No.

125-04-AC)

)

FLORENCE PROPHETER and

)

PROPHETER CONSTRUCTION CO.,

)

)

Respondents.

)

JURISDICTION

This

Administrative

Citation Lis

issued

pursuant

to

the

authority

vested

in

the

Illinois

Environmental Protection Agency by Section 31.1

of the Illinois Environmental Protection Act, 415

ILCS 5/31.1(2000).

FACTS

1.

That Florence Propheter (“RespondenV’) is the present ownerof a property located in

Hopkins Township, Whiteside

County,

Illinois.

The property is bordered on the north and west by

West Lincoln

Highway (Illinois Route 2),

on the

south by the Chicago and

Northwestern

Railroad

tracks

and

on

the east by residential property at 4509 West

Lincoln

Highway.

The property

is

commonly known to the Illinois Environmental

Protection Agency as Hopkins Twp./Propheter Open

Dump.

2.

That Propheter Construction Company (“Respondenf’) is usingsaid property to dump

waste materials.

3.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and is designated with

Site Code No.

1958095002.

I

---

4.

That Respondent, Florence Propheter, has owned said property at all times pertinent

hereto.

5.

That

on

March

5,

2004,

Greg

Kazmerski

of the Illinois

Environmental Protection

Agency’s Rockford Regional Office inspected the above-described faci!ity.

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 Greg Kazrnerski during the course of his March 5,

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

21(p)(1)

of

the Act,

415

ILCS 5/21(p)(l)

(2000).

(2)

That

Respondents

caused or allowed

the open

dumping

of waste

in

a

manner

resulting

in

the

deposition

of

waste

in

standing

or flowing

waters,

a

violation

of

Section 21 (p)(4)

of the Act, 415

ILCS 5/21 (p)(4) (2000).

(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, a violation of Section 21 (p)(7) of theAct, 415 ILCS

5/21 (p)(7) (2000).

CIVIL PENALTY

Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2000),

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

2

---

specified above shall be due and payable no laterthan May 14, 2004, unless otherwise provided by

order of the Illinois

Pollution Control

Board.

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(2000), 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)(I) of the Act, 415 ILCS 5/31.1(d)(1) (2000), 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,. 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 penaltyand/or hearing costs are notpaid within the time prescribed by order of the

Illinois

Pollution

Control

Board,

interest

on

said

penalty and/or hearing

costs shall

be assessed

against the Respondents from the date payment is due

up to and including the date that payment is

received.

The Office

of the

Illinois

Attorney General

may

be

requested

to

initiate proceedings

against Respondent in

Circuit Court to

collect said

penalty and/or hearing costs,

plus any interest

accrued.

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

(2000).

If Respondents select to contest

this Administrative Citation, then Respondents shall file a 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 (3~5)

days

of the date of service of this Administrative Citation orthe Illinois Pollution Control Board shall enter

a default judgment against the Respondents.

t~2&~LC

C~

i?~?~~~-J

Date:

~

il

OLJ

Renee Cipriano,

irector4~4t~

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.

125-04-AC)

)

FLORENCE PROPHETER and

)

PROPHETER CONSTRUCTION CO.,

)

)

Respondents.

)

FACILITY:

Hopkins Twp./Propheter Open Dump

SITE CODE NO.:

1958095002

COUNTY:

Whiteside

CIVIL PENALTY:

$4,500.00

DATE OF INSPECTION:

March 5, 2004

DATE REMITTED:

55/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

IN THE MATTER OF:

)

)

)

)

)

Respondent

Affiant, Greg Kazmerski, being first duly sworn, voluntarily deposes and states

as follows:

1.

Affiant

is

a

field inspector employed by the Land Pollution Control Division ofthe

Environmental ProtectionAgency

and has been so employed at all

times pertinent

hereto.

2.

On March

5,

2004,

between

4:45

a.m.

and

10:15

a.m.,

Affiant

conducted

an

inspection of an

open dump, located in

Whiteside County, Illinois

and known as

Propheter Open Dump by the Illinois Environmental Protection Agency.

Said site

has been assigned site code number LPC#

1958095002 by the Agency.

3.

Afflant inspected said Propheter Open 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 accuraterepresentationofAffiant’s observations

and

factual conclusions with respect to said open dump.

Greg

azmerski

Subscribed and

Sworn to

Before Me

this

/1

dayof

,

2004

‘OFFICIAL SEAL”

TERESA

LABUNSKI

~22LU~4~

~

MyCorZnussion’Expires

1/10/2007

Notary Public

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Open

Dump Inspection

Checklist

County:

Whiteside

LPC#:

1958095002

Location/Site

Name:

Hopkins / Propheter Open

Dump

Date:

03/05/2004

Time:

From

9:45

Inspector(s):

Kazmerski

No. of PhotosTaken:

#

20

Interviewed:

None

Region:

1

-

Rockford

To

10:15

Previous

Inspection Date:

04/15/1998

Weather:

50 F, winds west

@

20 mph

Est. Amt. of Waste:

2000

yds3

Samples Taken:

Yes #

No

~

Complaint #:

C-04-082R

Responsible Party

Mailing

Address(es)

and Phone

Number(s):

IrrI-~-L’L

~

SECTION

DESCRIPTION,

1.

9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION

2.

9(c)

3.

12(a)

CAUSE, THREATEN OR ALLOW WATER

POLLUTION

4.

12(d)

CREATE AWATER

5.

21(a)

6.

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

OR WASTE- DISPOSAL

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

8.

21(p)

CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH

RESULTS

(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

Florence Propheter

1901

AvenueG

Sterling, IL 61081

Propheter Construction

18573 Pennington Road

Sterling,

IL

61081

815/625-3077

MAR

1

~ 20M~

Revised 06/1 8/200 1

(Open Dump

-

1)

---

LPC#

1958095002

Inspection

Date:

03/05/2004

.

(7)

Deposition of General Construction or Demolition Debris;

or Clean Construction or

9.

55(a)

NO PERSON SHALL:

(1)

Cause or Allow Open

Dumping

of Any Used or Waste Tire

I

(2)

Cause or Allow Open

Burning of Any Used or Waste Tire

I

~

.

~

~

~

~

~

~4

3~I1~LJNOJS

ADMJN

11VE~CODEREQUlREMENTs~~

~

.$

~,

~

~

~

~

~

FAILURE TO SUBMIT

AN APPLICATION

10.

812.101(a)

11.

722.111

12.

808.121

SPECIAL WASTE DETERMINATION

ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A

WASTE HAULING

PERMIT, UNIFORM

WASTE PROGRAM

REGISTRATION AND

~

809.302(a)

PERMIT

AND/OR

MANIFEST

.~

-—

OTHER REQUIREMENTS

___

___

APPARENT VIOLATION OF:

(LII)

PCB;

(LI)

CIRCUIT COURT

14.

CASE NUMBER:

ORDER ENTERED

15.

OTHER:

Signature of Inspector(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 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 at

the time of this

inspection.

Revi~ed

06/18/2001

(Open Dump -2)

---

1 958095002—Whiteside County

Hopkins

Twp. / Propheter Open Dump

FOS File

Inspection Narrative

‘~2Uo4

On March

5,

2004 I (Greg

Kazmerski) investigated an open dump locatedjust

Sterling, Illinois.

The inspection began at 9:45

and

ended at 10:15.

The temperature

~4ALPC

5?IF with winds out ofthe west at 20 miles per hour.

I took 20 photographs in addition

to two photographs taken from off-site three days earlier.

I did not take any samples and

no body was available at the site forinterview.

On March 2, 2004 I investigated a citizen complaint alleging that dumping was occurring

during the night at the now closed Northwestern Steel and Wire solid waste landfill.

The

complainant indicated that dumping was occurring at

3

or 4

in the morning and that it

was causing dust and odors.

Investigation ofthat site revealed that no dumping was

occurring at the Northwestern landfill.

During this investigation, I observed what

appeared to be an open dump

located across the railroad tracks (north) from

the

Northwestern property.

I took two photographs ofthe site at this

time

(1958095002~-O30204-001and 002).

Photograph 1958095002—~030204-001shows that a

bulldozer was present on this date.

I returned to the site on March

5,

2004.

On this date I walked the entire site.

The

bulldozer present previously was now gone.

Nobodywas at the site during the

inspection. There was a “No Dumping” sign posted at the entrance to the

site.

There was

no gate or fence surrounding the

site.

The dumpsite itself occupies the middle 3-4 acres

of the parcel.

The open face ofthe

fill area starts near the northwest corner ofthe

property (Photos

1958095002—’030504-00l, 002 and 004) and continues south and east

for several hundred feet to a point near the southwest corner ofthe property.

The base of

the northwest side ofthe fill

face is in standing water. The fill face itself consists of

general (unclean) construction debris including metal, plastic, wood, tires and landscape

waste (chipped wood).

In addition to

the fill face, there were several small discrete piles

ofwaste located throughout the property.

Some ofthese piles contained rebar (Photo

195 8095002~03

0504-003), and

demolition debris (Photo

195

8095002~03

0504-006 and

010).

In the center ofthe fill area, there was a large pile ofaggregate (photo

1958095002~030504-0l5). This pile appeared to serve as an effective shield, blocking

the view ofthe dump from the highway.

The area inspected is

a piece ofproperty bordered on the north and west by West Lincoln

Highway (Illinois Route 2), on the south by the Chicago and Northwestern Railroad

tracks

and on the east by residential property at 4509 West Lincoln Highway.

The parcel

is approximately 13 acres in area.

According to records at the Whiteside County Tax

Assessors Office, Florence Propheter owns the property.

Based upon information from

JIEPA files and evidence observed at the site, it appears that Propheter Construction

Company is utilizing the site as an open dump.

The attached aerial photographs from

March 1999 show the site location.

After documenting the site conditions, I verified ownership ofthe property at the

Whiteside County Tax Assessor’s Office in Morison, Illinois.

The current owner ofthe

property is listed as Florence Propheter.

---

1 958095002—Whiteside County

Hopkins Twp. / Propheter Open Dump

FOS File

Uponmy

return

to the office, Iresearched the IEPABureau ofLand files

and complaint

logs

and

found thatPropheter Construction has beenthe subject of fiveopen dumping

complaints withinRegion 1 (C-92-020R, C-94-145R, C-96-119R, C-98-lOlR andC-99-

104R) includingtwo previous complaints ofopen dumping at this specific location(C-

94-145R

and

C-98-1O1R).

The complaint filed in

1994 includes photographsfrom a

complainant showing several large trucks dumping construction debris at the site

and a

bulldozerverysimilar to theone observedon March 2, 2004 spreadingthe waste.

Violations

The following violations ofthe IllinoisEnvironmental Protection Acthave been cited for

this site:

1.

Pursuant to Section

12(a) ofthe Act no person

shall cause

or threaten or allow

the discharge ofany contaminants into the environment in any State so as to

cause or tend to cause water pollution in Illinois, either alone or in

combination with matter from other sources, or so as to violate regulations or

standards adopted by the Pollution Control Board under this Act.

A violation ofSection 12(a) ofthe Illinois

Environmental Protection Act

(415 ILCS

5/12(a))

is alleged for the following reason:

Solid waste at your

site was observed to be standing in surface water (photographs

1958095002~030504-00land

002).

2.

Pursuant to Section

12(d) ofthe Act, no person shall deposit any contaminants

upon the land in such place

and manner so as to

create a water pollution

hazard.

A violation ofSection

12(d) ofthe Illinois

Environmental Protection Act

(415 ILCS 5/12(d)) is alleged forthe followingreason:

Solid waste at your

site wasobserved tobe standing in surface water (photographs

1958095002—~030504-001and 002).

3.

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

dumping ofany

waste.

A violation ofSection 21(a) ofthe Illinois

Environmental Protection Act

(415 ILCS

5/21(a))

is alleged for the followingreason: Evidence ofopen

dumpingwas observed during the inspection.

4.

Pursuant to Section 21(d)(1)ofthe Act, in relevant part, noperson shall

conduct

any

waste-storage, waste-treatment, orwaste-disposal operation

without a permit grantedby the Agency or in violationof

any

conditions

imposedby suchpermit, includingperiodic reports and fulLaccess to adequate

records and the inspection offacilities, as maybe necessary to

assure

---

I 958095002—Whiteside County

Hopkins Twp. / Propheter Open Dump

FOS File

compliance with thisAct

and

withregulations

and standards adopted there

under.

A violation ofSection 21(d)(1) ofthe illinois

Environmental Protection Act

(415 ILCS 5/21(d)(1)) is alleged for the followingreason: Evidence of a

waste-disposal operation without a permitwas observed during the inspection.

5.

Pursuant to Section 21(d)(2) ofthe Act, no person shall conduct

any

waste-

storage, waste-treatment, or waste-disposal operation in violation of

any

regulations or standards adoptedbythe

Board under this

Act.

A violationofSection 21(d)(2) ofthe Illinois

Environmental

Protection Act

(415 ILCS

5/21(d)(2))

is alleged for thefollowingreason: Evidenceofa

waste-disposal operationin violation ofregulations adoptedby theBoardwas

observed during the inspection.

6.

Pursuant to

Section

2 1(e) ofthe Act, no person shall dispose, treat, store or

abandon any waste, or transport

any waste into this

State for disposal,

treatment, storage or abandonment, except at a site or facilitywhich meets the

requirements ofthis Act and ofregulations and standards there under.

A violation of Section 21(e) ofthe Illinois

Environmental Protection Act

(415 ILCS

5/21(e))

is

alleged for the following reason:

Evidence ofwaste

disposal at a facility that did not meet the requirements ofthis

Act was

observed during the inspection.

7.

Pursuant to

Section 21(p) ofthe Illinois

Environmental Protection Act (415

ILCS

5/21(p)),

no person shall, in violation of subdivision (a) ofthis Section

21,

cause or allow the open dumping of

any

waste in a

manner

which results

in

1.

Litter

2.

Deposition ofwaste in standing or flowingwaters

3.

Deposition of:

(i) General construction or demolition debris as defined

in Section

3.160(a) ofthis Act

A violation ofSection21(~p)(1)

ofthe Illinois

Environmental Protection Act

(415 ILCS 5/21(p))

is alleged for the following reason:

Litter was observed

during the inspection.

A violation of Section 21(p)(4) ofthe Illinois

Environmental Protection Act

(415 ILCS

S/2l(p)) is alleged for the following reason:

Waste was observed

deposited in standing water during the inspection.

---

I 958095002—Whiteside County

Hopkins

Twp.

/ Propheter Open Dump

FOS File

A violation ofSection 2l(p)(7) ofthe Illinois

Environmental Protection Act

(415 ILCS

5/21(p))

is alleged for the following reason:

Disposal ofgeneral

construction debris was observed at the site during the inspection.

8.

Pursuant to

Section

55

(a)(1) ofthe Illinois

Environmental Protection Act (415

ILCS

5/55(a)(1)),

no person shall cause or allow the opendumping of

any

used or

waste tire.

A violation of Section 55(a)(1) ofthe Illinois

Environmental Protection Act

(415 ILCS

5/55(a)(1))

is alleged for thefollowingreason: The opendumping of

waste tires wasobserved during the inspection.

9.

Pursuant to

Section

812.101(a),

all persons, except those

specifically exempted by

Section 21(d) ofthe Environmental Protection Act (Act) (Ill. Rev. Stat.

1991, ch.

‘111

1/2,

par.

1021(d)) 415

ILCS

5/21(d)

shall submit to the Agency an

application for a permit to

develop and operate a landfill. The applications must

contain theinformation requiredby this Subpartand by

Section 3 9(a) ofthe Act,

except as otherwiseprovided in 35

Ill. Adm. Code817.

A violation of 35

Ill. Adm. Code 812.101(a) is alleged for the following

reason:

An application for a permit has not been submitted for this waste disposal site.

---

*

1 958095002—Whjtesjde

Hopkins Twp. / Propheter Open Dump

FOS File

CNWRR

O3-o~o’(

#

48oooa~o3Osoq~o,(x

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3/4/2004

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195

8095002—Whiteside

Hopkins / Propheter Open Dump

FOS File

Photo taken March 1999

---

1958095002--Whitside

County

Propheter

Open Dump

FOS File

IEPA BUREAU OF LAND

DIGITAL P)IOTOGRAPH PHOTOCOPIES

Date:

Time:

Direction:

Photo

By:

File Name:

Date:

Time:

Direction:

Photo

By:

File Name:

Comments:

02-Mar-04

11:55

North

Kazmerski

1958095002—030204-OOl

02-Mar-04

11:55

North

Kazmerski

1958095002—030204-002

1958095002—030204.snp

---

1958095002--Whitside

County

Propheter Open Dump

FOS File

Date:

Time:

Direction:

Photo

By:

File Name:

Date:

Time:

Direction:

Photo By:

File Name:

Comments:

05-Mar-04

9:48

Northwest

Kazmerski

1958095002—030504-0O1

05-Mar-04

9:48

Northwest

Kazmerski

1958095002—030504-002

1958095002-~030504.snp

---

1958095002--Whitside County

Propheter Open Dump

FOS File

DIGITAL PHOTOGRAPH

PHOTOCOPIES

Date:

Time:

Direction:

Photo

By:

File Name:

Date:

Time:

Direction:

Photo By:

File Name:

CornmeAts:

05-Mar-04

9:49

North

Kazmerski

I958O95OO2-~03O5O4-OO3

Rebar

05-Mar-04

9:50

Southwest

Kazmersld

1958095002-030504-004

1958095002—030504.snp

---

1958095002--Whitside County

PropheterOpen Dump

FOS File

Date:

Time:

Direction:

Photo

By:

File Name:

Date:

Time:

Direction:

Photo

By:

File Name:

Comments:

05-Mar-04

9:50

Southeast

Kazmerski

l958095O02-~O30504-005

05-Mar-04

9:51

Southeast

Kazmerski

1958095002—030504-006

1958095002~—O30504.snp

---

1958095002--Whitside County

PropheterOpen Dump

FOS File

DIGITAL PHOTOGRAPH

Date:

Time:

Direction:

Photo By:

File Name:

Date:

Time:

Direction:

Photo

By:

File Name:

Comments:

05-Mar-04

9:51

Northeast

Kazmerski

l958095002-~030504-007

05-Mar-04

9:52

South

Kazmerski

l958095002-~O30504-008

1958095002.—030504snp

---

19580950~2--Wbitside

County

Propheter Open Dump

FOS File

DIGITAL PHOTOGRAPH

Date:

Time:

Direction:

Photo

By:

File Name:

Date:

Time:

Direction:

Photo By:

‘~,

Comments:

05-Mar-04

9:52

South

Kazmerski

1958095002-030504-009

05-Mar-04

9:53

South

Kazmerski

1958095002—030504-010

1958095002’-030504.snp

---

1958095002--Whitside

County

Propheter Open Dump

FOS File

Date:

Time:

Direction:

Photo

By:

File Name:

Date:

Time:

Direction:

Photo

By:

File Name:

Comments:

05-Mar-04

9:53

Southwest

Kamserski

1958095002—030504-Ol

1

05-Mar-04

9:54

Northeast

Kazinerski

1958095002—030504-012

1958095002--030504.snp

---

1958095002--Wh!tside

County

Propheter Open Dump

FOS File

DIGITAL PHOTOGRAPH

Date:

Time:

Direction:

Photo

By:

File Name:

Date:

Time:

Direction:

Photo

By:

File Name:

Comments:

05-Mar-04

9:54

East

Kazmerski

1958095002—030504-0l 3

05-Mar-04

9:55

East

Kazmerski

1958095002-030504-014

1958095002—030504.snp

---

1958095002--Whitside County

Propheter Open Dump

FOS File

DIGITAL PHOTOGRAPH

Date:

Time:

Direction:

Photo

By:

File Name:

Comments:

Date:

Time:

Direction:

Photo

By:

Comments:

05-Mar-04

10:05

Southwest

Kazmerski

1958095002—030504-01

5

05-Mar-04

10:07

West

Kazmerski

1958095002-030504-016

1958095002—030504.snp

---

1958095002--Whitside County

Propheter Open Dump

FOS File

Date:

Time:

Direction:

Photo

By:

File Name:

Date:

Time:

Direction:

Photo

By:

File Name:

Comments:

05-Mar-04

10:07

West

Kazmerski

1958095002-030504-017

05-Mar-04

10:07

Northwest

Kazmerski

1958095002-030504-018

1958095002—030504.snp

---

1958095002--Whitside County

Propheter Open Dump

FOS File

Date:

Time:

Direction:

Photo

By:

File Name:

Comments:

Date:

Time:

Direction:

File Name:

Comments:

05-Mar-04

10:07

Northwest

Kazmersld

1958095002-030504-019

05-Mar-04

10:07

Northwest

Kazmerski

1958095002-030504-020

1958095002—030504.snp

---

PROOF OF SERVICE

Ihereby certif~’

that I did on the 31st day ofMarch 2004, sendby CertifiedMail, ReturnReceipt

Requested, with postage thereonfullyprep aid,by depositing in a United StatesPost OfficeBox a true

and

correct

copy

of

the

following

instrument(s)

entitled

ADMiNISTRATIVE

CITATION,

AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST

To:

Florence Propheter

Propheter Construction

1901 Avenue G

18573 Pennington Road

Sterling, Illinois

61081

Sterling, Illinois

61081

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 fullyprepaid

To:

Dorothy Gunn, Clerk

Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

~~LU~k

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

THIS FILING SUBMITTED ON RECYCLED PAPER