GLERK~Ô~F~
JUN 28 ~
STATE OF ILLINOIS
~
Control Soard
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.
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
28
200’t
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
,J—q()
Complainant,
)
AC
£7
I
)
v.
)
(IEPA No. 306-04-AC)
)
EARL and NORMA MARTIN,
)
)
Respondents.
)
NOTICE OF FILING
To:
Earl and Norma Martin
1260
Moshier
Galesburg, Illinois
61401
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State ofIllinois the following instrument(s) entitled ADMiNISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
~thc~?
~
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:
June 24, 2004
THIS FlUNG SUBMITJ’ED ON
RECYCLED PAPER
CLERK S
OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
JUN 282004
ADMINISTRATIVE CITATION
~~T1~TE
OF ILLINOIS
0Iutton Control Bo~rd
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA No.
306-04-AC)
EARL and
NORMA MARTIN,
)
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 Earl and Norma
Martin (“Respondents”)are the present owners and operators
of a facility located at County Road 2500 North, Rio Township, Knox County, Illinois.
The property is
commonly known to the Illinois
Environmental Protection Agency as the Martin 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.
0958145002.
3.
That Respondents, Earl and Norma Martin, have owned and operated said facility at
all times pertinent hereto.
4.
That on
May 24, 2004,
Jeff
Port of the Illinois
Environmental
Protection Agency’s
Peoria Regional Office inspected the above-describedfacility.
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 Jeff Port during the course of his
May 24, 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)(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, a violation of Section 21(p)(7) of theAct, 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 July 30, 2004, unless otherwise provided by
order
of the Illinois Pollution Control Board.
If Respondents elect to contestthis Administrative Citation-by petitioning-the Illinois Pollution
2
Control Board
in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1(2002), and if the
Illinois
Pollutibn 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
5131.1(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.
Ifany civil penalty and/or hearing costs are not paid within the timeprescribed 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 is due uptoendiIuding~the’datethatpaymentis
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 with-in
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.
f~tA#~~tA.
Cp~~
Date:
(t~f4~/oy
Renee Cipriano, Director
I(.j~.,~rt~
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. 306-04-AC)
EARL and
NORMA MARTIN,
Respondents.
)
FACILITY:
Martin Property
SITE CODE NO.:
0958145002
COUNTY:
Knox
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION:
May 24, 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
Open Dump Inspection
Checklist
County:
Knox
LPC#:
0958145002
Region:
3
-
Peoria
Location/Site Name:
Rio Township/Martin
Property
Date:
05/24/2004
Time:
From
12:35 PM
To
1:30
PM
Previous Inspection Date:
05/10/2004
Inspector(s):
Jeff Port, Dawn Ingold
Weather:
Overcast 65 Degrees F
No. of Photos Taken:
#
18
Est. Amt. of Waste:
2200
yds3
Samples
Taken:
Yes #
No
~
Interviewed:
No
one present
Complaint #:
C-2004-056,
C-2004-057, C-2004-069-P
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
~CT~IV~D
JUN
1.
~
2004
I EPA
-
DL
PC
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
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT
ANY
WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
(1)
Withouta
Permit
Z
(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 REOUIREMENTS OF ACT
CAUSE OR ALLOW THE
OPEN DUMPING OF ANY WASTE IN A MANNER WHICH
RESULTS
21(i)
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
Earl and
Norma Martin
1260 Moshier
Galesburg,
IL
61401
8.
Revised 06/1 8/200
1
(Open Dump
-
1)
LPC#
0958145002
Inspection
Date:
05/24/2004
(7)
Deposition of General Construction or Demolition Debris;
or Clean Construction or
Demolition Dehri~
-
9.
55(a)
NO PERSON SHALL:
(1)
(2)
Cause_or Allow_Open_Dumping_of Any Used_or Waste_Tire
Cause or Allow Open Burning of Any Used or Waste Tire
J
~
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 A WASTETRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION
AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(0)
PCB;
(El)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
.
16.
21(c)
Abandon
any vehicle
in
violation of the “Abandoned Vehicles
Amendment to the
Illinois Vehicle Code”
(~j~i,
,~_w_
(
~j
~‘S’i~iature
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.
Revised 06/18/2001
(Open Dump
-
2)
0958145002
--
Knox
County
Martin Property
May 24, 2004
JeffPort
PFCFIVED
Page
1
JUN
1
b
2004
Narrative
I
EPA
-
DL
PC
On May 24,
2004,
a
complaint
was
received by
the DLPC/FOS-Peoria
concerning
additional
activities
at
the
Martin
property.
According
to
the
complainant,
a
load
of waste
had
been
brought
to
the
site
and
dumped
on
Saturday May 22,
2004.
The complainant
stated
that
the
waste
was
from
a
roofmg
job
performed
by
a
contractor
by
the
name
of Billings.
The
complainant alleged that Mr.
Billings had paid the Martins to dump his waste at the site, using a
truck provided by
the Martins.
The complainant
stated that
the Knox County Sheriffs Office
had
been contacted and
an
officer had investigated the
situation.
The
complaint was assigned
complaint number C-2004-069-P.
After discussing
the situation with the complainant, I returned to the Martin property.
I arrived
at the site at approximately
12:3 5 PM.
I was accompanied by Dawn Ingold, DLPC/FOS-Peoria.
The
weather
was
overcast
and
warm,
approximately
65
°F.
We
began
our
inspection
by
examining the trench filled with demolition debris.
This
area appeared the same as during the
previous
inspection
on May 10,
2004.
We walked toward
the east of the trench and
examined
the
ravine where
waste
had
been dumped
and
buried.
No
new waste
appeared
to
have been
dumped in this
location.
We then proceeded down the hill toward the south where we examined
the other dump
areas.
No new waste appeared
to be present in these locations.
It did appear that
someone had been in the onsite recently as the grass had been mowed on portions ofthe property
and tire tracks could be
seen in
the soil
and the grass.
We examined the area where waste
tires
had
been observed
during
the previous
inspections.
It
appeared
that
someone had
moved the
tires, as some
of them had
been stacked.
The
grass surrounding these tires had
also been cut.
Photographs
P1 and P2 show the area where the waste tires were located.
We next proceeded to
examine the locations
to the north where we previously observed dumped
and buried waste.
We did not observe any new waste in these locations.
As we were examining
the area, we located
a new
area where waste
had been
dumped and
buried along a ravine.
It
appeared
that
waste
had
also
been burned
in
this
area.
Charred
remains of landscape
waste,
demolition debris,
and domestic waste were observed here.
Photographs P3 through P11 show a
variety of the burned
waste.
Photographs
P12 through
P18
show
an
area
to
the
north of the
burned
material
where
concrete
and
cinder blocks
had
been
dumped.
Scrap
metal
and
what
appeared to
be auto parts
were intermingled with the block.
After examining and photographing
this area, we left the site at approximately
1:30 PM.
Photograph
locations
are
depicted
on
the
accompanying
site
maps.
Based
upon
these
inspections,
the
following
violations
were
observed
and
are
indicated
on
the
accompanying
checklists.
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 ortend to. cause air pollution
in Illinois,
either alone or in combination with contaminants from other sources, or so as
to violate regulations or standards adoptedby the Board under this Act.
0958145002
--
Knox County
Martin Property
May 24, 2004
JeffPort
Page 2
A violation
of Section
9(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(a))
is alleged for the following reason:
By
allowing open burning
at the site, Earl
and Norma Martin caused air pollution in Illinois.
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
not
specifically
designed
for
the
purpose
and
approved
by
the
Agency
pursuant
to
regulations
adopted
by
the
Board
under
this
Act;
except
that
the
Board
may
adopt
regulations permitting open burning of refuse in certain cases upon a finding that no harm
will result from such burning, or that any alternative method of disposing ofsuch refuse
would create a safety hazard so extreme as to justif~’
the pollution that would result from
such burning.
A
violation
of Section
9(c)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(c))
is
alleged for the following reason:
By allowing open burning at the site, Earl
and Norma
Martin
caused air pollution in Illinois.
3.
Pursuant
to
Section
12(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/12(a)),
no
person shall cause or threaten
or
allow the
discharge
of
any
contaminants
the
environment
in.a~y~5t~.t~
so.
~
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
of Section
12(a) of the
llhinois
Environmental Protection
Act (415
ILCS
5/12(a))
is
alleged for the following reason:
By allowing the accumulation ofwaste at
the site, Earl and Norma
Martin
threatened water pollution in Iffinois.
4.
Pursuant
to
Section
12(d)
of the
Illinois
Environmental
Protection
Act (415
ILCS
5/12(d)),
no person
shall
deposit
any
contaminants
upon
the
land
in
such
place
and
manner so as to
create a water pollution hazard.
A violation
of Section
12(d) of the
fllinois
Environmental
Protection
Act (415
ILCS
5/12(d))
is
alleged for the following reason:
By
allowing
the accumulation of waste at
the site, Earl and Norma
Martin
created a water pollution hazard.
5.
Pursuant
to
Section
2 1(a)
of the
Illinois
Environmental
Protection
Act
(415
JLCS
5/21(a)),
no person shall cause or allow the open dumping ofany waste.
A violation of Section
2 1(a)
of the
fllinois
Environmental
Protection
Act (415
ILCS
5/21(a))
is
alleged
for the
following
reason:~
Earl
and
Norma
Martin
caused
or
allowed the open dumping ofwaste at the site.
0958145002
--
Knox County
Martin Property
May24, 2004
JeffPort
Page 3
6.
Pursuant
to
Section
21(c)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(c)),
no
person shall Abandon any vehicle in violation of the “Abandoned Vehicles
Amendment to the Illinois Vehicle Code”.
A
violation of Section
2 1(c)
of the
Illinois
Environmental
Protection Act
(415
IILCS
5/21(c))
is
alleged
for
the
following
reason:
Earl
and
Norma
Martin
caused
or
allowed
the
abandonment
of
vehicles
in
violation
of
the
“Abandoned
Vehicles
Amendment to the Illinois Vehicle Code”.
7.
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 such permit.
A violation of Section
21(d)(1)
is
alleged for the
following reason:
Earl
and
Norma
Martin conducted a waste-disposal operation
at the site without a permit granted by
the Agency.
8.
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:
Earl and
Norma
Martin
conducted
a
waste-disposal
operation
in
violation
of Section
812.101(a) of
the Regulations.
9.
Pursuant
to
Section
2 1(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 21(e)
of the
Illinois
Environmental
Protection
Act
(415 ILCS
5/21(e))
is
alleged for the
following
reason:
Earl
and
Norma
Martin
conducted
a
waste-disposal
operation
at
a
site
that does not
meet the requirements
of Sections
9(a), 9(c),
12(a),
12(d),
21(a),
21(c),
21(d)(1),
and
21(d)(2)
of the
Act and
Section
812.101(a) of the Regulations.
10. Pursuant
to
Section
21
(j~)(l)of
the
Illinois
Environmental
Protection Act
(415
ILCS
5/21@)(1)),
no person shall, in violation ofsubdivision (a) ofthis Section, cause or allow
the open dumping ofany waste in a manner which results in litter.
0958145002
--
Knox County
Martin Property
May 24, 2004
JeffPort
Page 4
The prohibitions spec~fIed
in this subsection
(p) shall be enforceable by theAgency eith~er
by administrative citation under Section 31.1 ofthis Act or as otherwiseprovided by this
Act.
The spec~flc
prohibitions
in
this
subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping.
A violation ofSection
21 (p)(1) ofthe
Illinois
Environmental Protection Act (415 ILCS
5/21@)(1))
is
alleged for the following reason:
The
open dumping ofwaste was
caused
or allowed in
a manner which resulted in litter.
11.
Pursuant
to
Section
21
(p)(3)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/2l(p)(3)),
no person shall, in violation ofsubdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in open burning.
A violation ofSection 21(p)(3) ofthe
Illinois
Environmental Protection Act (415 ILCS
5/21(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.
12. Pursuant to
Section
2l(p)(4) of the
fllinois
Environmental Protection
Act
(415 ILCS
512l(p)(4)),
no person shall, in violation ofsubdivision
(a) ofthis Section, cause or allow
the open dumping of any waste
in
a manner which
results in the deposition of waste
in
standing or flowing waters.
A violation ofSection 21(p)(4) ofthe
Illinois
Environmental Protection Act (415 ILCS
S/2l(p)(4)) is alleged for the following reason:
The open dumping ofwaste was caused
or
allowed
in
a
manner which
resulted
in
the
deposition
of waste
in
standing
or
flowing waters.
13.
Pursuant
to
Section
21(p)(7)
of the
Illinois
Environmental
Protection Act
(415
ILCS
no person shall, in violation ofsubdivision (a) of this Section, cause or allow
the
open
dumping of any waste
in
a manner which
results
in the deposition of general
construction or demolition debris; or clean construction or demolition debris.
A violation ofSection 21
(p)(7)
ofthe
Illinois
Environmental Protection Act (415 ILCS
5/21 (p)(7))
is alleged for the followingreason:
The open dumping of waste was caused
or
allowed
in
a manner which resulted
in the deposition of general construction
or
demolition debris
or
clean
construction
or demolition
debris
as defmed in
Section
3.160(b) ofthis Act.
14. Pursuant
to
Section
55(a)(l)
of
the
Illinois
Environmental Protection Act
(415
ILCS
5/55(a)(l)),
no person shall
cause or allow the open dumping 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 the
following reason:
The
open dumping of waste tires was
caused or allowed.
0958145002
--
Knox County
Martin Property
May24, 2004
JeffPort
Page
5
15. Pursuant
to
Section
812.101(a),
all
persons,
except
those
specifically
exempted
by
Section
21(d) ofthe Illinois Environmental Protection Act (Act)
(Ill. Rev.
Stat.
1991,
ch.
1111/2, 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
the information
required by this Subpart and by Section 39(a) of the Act, except as otherwise provided in
35 Ill. Adm.
Code 817.
A violation of Section
8 12.101(a) is
alleged for the following reason:
Earl and Norma
Martin operated a landfill at the site without submitting an application for a permit
to the Agency.
0958145002
--
Knox County
Fill Area
Wooded
Area
Agricultural
Field
Wooded
Area
Wooded
Area
0958145002
--
Knox County
Martin Property
FOS
File
DATE:
May 24, 2004
TIME:
12:42PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH
NUMBER:
1
PHOTOGRAPH FILE
NAME:
0958
145 002-.05242004-00
1 .jpg
COMMENTS:
DATE:
May 24, 2004
TIME:
12:42PM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE
NAME:
0958
1450O2’-~05242004-002.jpg
COMMENTS:
Site Photographs
Page
1
of9
L.
DOCUMENT FILE
NAME:
0958
145002—05242004.doc
0958145002
--
Knox
County
Martin Property
FOS
File
DATE:
May 24, 2004
TIME:
1:19PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME:
09581
45002—05242004-003 .jpg
COMMENTS:
DATE:
May 24, 2004
TIME:
1:20PM
PHOTOGRAPHED
BY:
Jeff Port
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE
NAME:
09581 45002~-05242004-004.jpg
COMMENTS:
DOCUMENT FILE
NAME:
09581
45002—05242004.doc
Site Photographs
Page 2 of 9
0958145002
--
Knox County
Martin Property
FOS
File
DATE:
May 24, 2004
TIME:
1:20PM
PHOTOGRAPHED BY:
Jeff Port
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE
NAME:
0958 145002~05242004-005
.jpg
COMMENTS:
DATE:
May 24, 2004
TIME:
1:20PM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph
taken
toward the north.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE
NAME:
0958
145002—05242004-006.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958 145002—05242004.doc
Site Photographs
Page 3 of 9
0958145002
--
Knox County
Site
Photographs
Martin Property
Page 4 of9
FOS File
DATE:
May 24, 2004
TIME:
1:21PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH
FILE NAME:
0958 145002~05242004-007.jpg
COMMENTS:
DATE:
May 24,
2004
TIME:
1:21PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph
taken
toward the northeast.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE
NAME:
0958
145002-~05242004-008.jpg
COMMENTS:
DOCUMENT FILE
NAME:
0958 145002-~05242004.doc
0958145002
--
Knox County
Martin Property
FOS File
DATE:
May
24, 2004
TIME:
1:22PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE
NAME:
0958 145002’-M5242004-009.jpg
COMMENTS:
DATE:
May 24, 2004
TIME:
1:22 PM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the
east.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE NAME:
0958
145002~05242004-010.jpg
COMMENTS:
DOCUMENT
FILE
NAME:
0958145002—05242004.doc
Site Photographs
Page 5 of 9
0958145002
--
Knox County
Martin Property
FOS
File
DATE:
May 24, 2004
TIME:
1:23 PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
0958145002—05242004-01
1.jpg
COMMENTS:
DATE:
May 24, 2004
TIME:
1:24PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph
taken
toward the northeast.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE
NAME:
0958
145002-~05242004-0
12 .jpg
COMMENTS:
DOCUMENT
FILE
NAME:
09581 45002—05242004.doc
Site Photographs
Page 6 of9
0958145002
--
Knox County
Martin Property
FOS
File
DATE:
May 24,
2004
TIME:
1:24PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILE NAME:
09581450O2-’.~05242004-O13.jpg
COMMENTS:
DATE:
May 24, 2004
TIME:
1:24PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH FILE NAME:
0958145002~-M5242004-0
14.jpg
COMMENTS:
DOCUMENT FILE
NAME:
09581 45002-~05242004.doc
Site Photographs
Page 7 of 9
0958145002
--
Knox County
Martin Property
FOS File
DATE:
May 24, 2004
TIME:
1:25PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
15
PHOTOGRAPH FILE NAME:
0958 145002~05242004-01
5.jpg
COMMENTS:
DATE:
May 24, 2004
TIME:
1:25PM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph
taken
toward the
southeast.
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE
NAME:
0958
145002-05242004-01 6.jpg
COMMENTS:
DOCUMENT FILE NAME:
0958145O02—~05242004.doc
Site Photographs
Page 8 of9
0958145002
--
Knox County
Martin Property
FOS File
DATE:
May 24, 2004
TIME:
1:26PM
PHOTOGRAPHED BY:
JeffPort
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
17
PHOTOGRAPH FILE
NAME:
0958 145002—05242004-01 7.jpg
COMMENTS:
DATE:
May 24,
2004
TIME:
1:27PM
PHOTOGRAPHED
BY:
JeffPort
DIRECTION:
Photograph taken
toward the southeã~t.
PHOTOGRAPH NUMBER:
18
PHOTOGRAPH FILE NAME:
0958145002~-~05242004-01
8.jpg
COMMENTS:
Site Photographs
Page 9 of 9
DOCUMENT FILE
NAME:
095 8145002~05242004.doc
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER
OF
Earl
& Norma Martin
IEPA
DOCKET
NO.
RESPONDENT
Affiant, Jeff Port, 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 May 24,
2004, between 12:35 PM and 1:30
PM, Affiant
conducted an inspection of the open dump in Knox County,
Illinois,
known as the Martin
Property,
Illinois
Environmental Protection Agency Site No. 0958145002.
3.
Affiant inspected said Martin Property open dump site by an
on-site inspection, which included walking and
photographing the site.
4.
As a result of the 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 of Affiant’s observations and factual
conclusions with respect
to said Martin Property open dump.
Subscribed and Sworn to before
me this
day of
~~F!(~lAlSF~L
~
L~1~j
PROOF OF SERVICE
I hereby certif~’
that I did on the 24th dayofJune 2004, send by Certified Mail, Return Receipt
Requested, with postage thereon fullyprepaid, by depositing in a United StatesPost Office Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Earl and Norma Martin
1260 Moshier
Galesburg, Illinois
61401
and the original and nine (9) true and correct copies of the 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
Michelle M. RyaI~’
d
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
