~W
CLERK’S
OFFICE
~~ij
~
STAfE OF
~LL~NO~S
PO~LWOflCOflt~0~
RO~dC~
INFORMATIONAL NOTICE!!!
0 ~
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 THE ILLiNOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
ADMINISTRATIVE CITATION
OCT
252004
STATE OF ILUNDIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
(,)
)
v.
)
(IEPA No. 538-04-AC)
)
LEO
and DEBRA HARN,
)
)
Respondents.
)
NOTICE OF FILING
To:
Leo and Debra Ham
601 E.
Osborn St
Lot 41
Bushnell, Illinois
61422
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,
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
Dated:
October 21, 2004
THIS FILING SUBMITFED ON RECYCLED PAPER
RECEWE~
CLERK’S OFFICE
BEFORE
THE
ILLINOIS
POLLUTION CONTROL BOARD
OCT
25
2004
ADMINISTRATIVE CITATION
STATE OF ILUNOIS
PolIUtLofl Control
BoE~.rC~
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
L-
v.
)
(IEPA
No. 538-04-AC)
LEO
and
DEBRA HARN,
)
)
)
)
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 Leo and Debra Ham
are the present owners and operators of a facility located
at 601
Osborn Street, Bushnell,
McDonough County,
Illinois.
The property is commonly known to
the Illinois
Environmental
Protection Agency as
Ham
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.
1090155029.
3.
That Respondents have owned and operated said facility at allthiiespertinenthereto.
~4.
That
on
September
29,
2004,
Robert
J.
Wagner
of
the
Illinois
Environmental
Protection Agency’s Champaign Regional Office inspected the above-described facility.
A copy of
his
inspection report setting forth the results of said inspection is attached hereto and madezpart
hereof.
VIOLATIONS
Based
upon
direct
observations
made
by Robert
J.
Wagner
during
the
course
of
his
September 29, 2004 inspection of the above-named
facility, the
Illinois Environmental
Protection
Agency
has
determined
that
Respondent
has 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)(l) 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
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 Three Thousand Dollars ($3,000.00).
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 December15, 2004, unless otherwise provided byorderofthe Illinois
Pollutipn
Control Board.
IfRespondents elect to contestthis Administrative Citation by petitioningthe 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 afinding 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.
Pursuantto Section 31.1(d)(1) of theAct, 415 ILCS 5/31.1(d)(1) (2002), ifRespondentsfail
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,
Respondents’
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 thetirne prescribed byorder 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 penaltyand/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 Petition for Review, including a Notice of
Filing, Certificate of Service, and Notice of Appearance, with the Clerkof 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 orthe Illinois Pollution Control Board shall enter
a default judgment against the Respondent.
~
C
dA~&~
Date:
JO/2~~
Io~
Renee Cipriano,
Director
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. 538-04-AC)
LEO and DEBRA HARN,
)
)
)
)
Respondents.
FACILITY:
Ham
Property
SITE CODE
NO.:
1090155029
COUNTY:
McDonough
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
September 29, 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 RemittanceForm.
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
Affiant, Robert
J.
Wagner,
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 September 29,
2004,
between 11:10 a.m. and 11:24
p.m., Affiant conducted an inspection of the open dump in
McDonough County,
Illinois,
known as Ham
Property,
Illinois
Environmental Protection Agency Site No.
1090155029.
3.
Affiant inspected said Ham
Property open dump site 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, 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
~1usions with respect to
Ham
Propertyopen dump.
Subscribed and Sworn to
me this
/
L
day of
0 t~,~i-(’\
OFFICIAL
SEAL
Lynne
A. Anthony
Notary Public.
State
of Illinois
My Commission Expires
1/21/07
Responsible
Party
Mailing Address(es)
and Phone
N umber(s):
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
11:10AM
To
11:24AM
Previous Inspection Date:
05/03/04
Weather:
70 F,
Sunny, Dry
2 yds~
Samples
Taken:
Yes #
No
~
Complaint #:
C-2004-048-P
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
Z
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
E
4.
12(d)
CREATE AWATER POLLUTION HAZARD
E
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
E
(3)
Open Burning
(4)
Deposition of Waste
in Standing or Flowing Waters
E
(5)
Proliferation
of Disease Vectors
(6)
Standing or Flowing Liquid Discharge
from the Dump Site
0
Bushnell /
Ham
Property
County:
McDonough
LPC#:
Location/Site Name:
Date:
09/29/04
Time:
From
Inspector(s):
Robert
J. Wagner
No. of Photos Taken:
#
23
Est. Amt. of
Waste:
1090155029
Region:
3-Peoria
Interviewed:
No One Onsite
Leo
&
Debra
Ham
601
EOsborn StLot4l
Bushnell,
Il 61422
Revised 06/18/2001
(OpenDump
-
1)
LPC#
1090155029
Inspection
Date:
09/29/2004
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
DemnJitfr~nDebris
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
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
OTHER REQUIREMENTS
APPARENT VIOLATION OF:
(G)
PCB;
(0)
CIRCUIT COURT
CASE
NUMBER:
ORDER ENTERED ON:
(~~J~m
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 oras 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.
Informational
Notes
Revised 06/18/2001
(Open Dump -2)
1090155029
-
McDonough County
Ham Property
Robert J. Wagner
September 29, 2004
Page
1
Narrative
On
September 29,
2004,
11:10
AM
to
11:24
AM
this
author (Robert
Wagner) conducted
an
open
dump
re-inspection
at property owned
by
Leo
and
Debra
Ham.
The property
is
called
Bushnell Gardens and is located at
601
Osborn Street, Bushnell illinois.
Bushnell Gardens is
a
trailerpark.
The re-inspection was a result ofan open dump inspection that took place on May 3,
2004.
History
On May 3,
2004,
an inspection
in response
to
a
citizen complaint
was performed
at the Ham
Property.
The following alleged violations were
observed;
Sections
9(a),
9(c),
21(a),
21 (d)(1),
21(d)(2),
21(e),
21(p)(1),
2l(p)(3), 21Q)(7)
and
55(a)(1)
of the Act
and
Section
812.101(a) of
the Regulation.
On June
1,
2004,
an
ACWN was issued
by
the Agency.
The Agency did
not
receive
a
written response from
Mr.
or Mrs.
Ham.
The Agency
did
not
receive
any
landfill
receipts in regards to the clean up of the property.
Inspection
Upon arrival, this author walked and photographed the property.
Some type ofclean up
activity
had
taken place
at the site
since the
May
3,
2004
inspection.
This
author noticed
a reduced
volume ofwaste debris at the
site.
Photographs
1,2, 3,4,
5, 6,
7,
8, 9,
10,
11,
12,
13,
14,
15,
16,
17,
18,
19,
20,
21,
22
and
23
show
processed
wood,
cans,
metal
debris,
tires,
insulation,
a
mattresses carcass, construction
and demolition debris pushed over the
edge of an embankment
(see
site
sketch).
Evidence
indicates
that
open
burning
had
taken
place
on
the
property.
Photographs
4,
5, 6,
7,
8, 9,
11,
12,
13,
15,
and
16 show the charred remains ofconstruction and
demolition debris, insulation, a mattress carcass, and a tire rim with beads.
This author went to the Bushnell Gardens office and met with Debra Ham.
According to
Mrs.
Ham, Mr. Ham cleaned up the site.
Mrs. Ham said
that Mr. Ham took all the waste debris out to
their family farm and burnt it as a method of disposal.
This
author explained to Mrs.
Ham that
the site was not
cleaned
up.
This
author further explained
to
Mrs. Ham that
it was
illegal
for
them to take the waste debris to another site
and burn it.
This author asked Mrs. Ham where the
family farm was located.
Mrs.
Ham replied
that she
did not know the location of her family
farm.
At that time,
she
called Mr. Ham.
Mrs. Ham gave this
author her phone
to
talk to
Mr.
Ham.
This author explained to
Mr. Ham that the site was not cleaned up.
Mr. Ham admitted to
taking
the waste
debris
to
his family
farm and burning it as a method ofdisposal.
This author
pointed
out to Mr. Ham that in a previous
phone conversation this author told him that he could
not
bum
the waste
debris
and
that
it needed
to
be taken to
an EPA permitted landfill.
This
author in the same phone
conversation also told him that he needed to
respond to the ACWN in
writing.
Mr. Ham
acknowledged that the phone
conversation took place but
disagreed to what
this
author had
told him.
According
to
Mr. Ham
this
author told him that
he
could bum
the
waste debris at his family farm.
1090155029
-
McDonough County
Ham
Property
Robert
J.
Wagner
September 29, 2004
Page 2
The following
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 air pollution
in illinois,
either alone or in combination with contaminants from other sources, or so as
to
violate regulations or standards adopted by 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
fllinois
Environmental
Protection
Act
(415
ILCS
5/9(c)),
no person shall cause or allow the
open
burning ofrefuse,
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.
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(a)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(a)),
no person shall cause or allow the open dumping ofany waste.
A
violation
of Section
2 1(a)
is
alleged
for the
following
reason:
Evidence
of open
dumping ofwaste was
observed
during
the inspection.
4.
Pursuant
to
Section
21(d)(l) 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 suchpermit.
A violation ofSection 21(d)(1)
is
alleged for the following reason: Waste was disposed
withouta permit
granted by the Illinois EPA.
5.
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:
A waste
disposal
operation was conducted in violation of regulations adopted by the Illinois Pollution
Control Board.
1090155029
-
McDonough County
Ham
Property
Robert J. Wagner
September 29, 2004
Page 3
6.
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 21(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.
7.
Pursuant to Section 21(p)(1) of the
Illinois
Environmental Protection
Act
(415
ILCS
5/21Q~)(1)),
no person shall, in violation ofsubdivision
(a) of
this Section, cause
or allow
the open
dumping
of
anywaste
in
a
manner which results in litter.
The prohibitions spec~fled
in
this subsection
~)
shall be enforceable by the Agency either
by administrative citation under Section
31.
of this Act or as otherwiseprovided by this
Act.
The speqflc prohibitions
in
this subsection do
not
limit the power of the Board
to
establish regulations orstandards applicable to open dumping.
A violation of Section 2l(p)(l) is alleged for the following reason:
The open dumping
ofwaste was caused or allowed in a mannerwhich resulted in litter.
8.
Pursuant
to Section
21
(p)(3)
of the
Illinois
Environmental Protection Act
(415
ILCS
5/21(p)(3)),
no
person shall, in violation ofsubdivision
(a) of
this Section, cause
or allow
the open
dumping ofany
waste
in
a
manner which 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.
9.
Pursuant
to
Section 2l(p)(7)
of
the
Illinois
Environmental Protection
Act
(415
ILCS
5/21
(p)(7)), no person shall cause
or allow
the
open dumping of waste in
a
manner that
results in deposition of(i) general construction
or
demolition debris
as defined in
Section
3.160(a) ofthis Act; or (ii) clean construction or demolition debris as defined in Section
3.160(b) ofthis Act.
A violation of Section 21(p)(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.
10.
Pursuant
to
Section
55(a)(1)
of the
illinois
Environmental Protection
Act
(415
ILCS
5/55(a)(1)),
no person
shall
cause or allow
the open dumping
ofany used or waste
tire.
A
violation of Section
55(a)(l)
is
alleged
for the
following
reason:
Evidence
of open
dumping ofused or waste tires was observed during the inspection.
1090155029
-
McDonough County
Ham Property
Robert J. Wagner
September 29, 2004
Page 4
11.
Pursuant
to
Section
55(a)(2)
of the
Jllinois
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.
12.
Pursuant to 35 ill. Adm. Code 812.101(a), all persons,
except those specifically exempted
by
Section
2 1(d)
of the
illinois
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
812.101(a) is
alleged for the following reason: A waste
disposal
site
was
operated without submitting to the Iffinois EPA an application for
a permit to develop and operate a landfill.
STATE OFILLiNOIS
ENVIRONMENTAL PROTECTION AGENCY
SITE SKETCH
DATE OFINSPECTION: 05/03/04
INSPECTOR(S): Robert J. Wagner
SITE
CODE:
1090155029
COUNTY: McDonough
SITE NAME:
Ham
Property
TIME:
11:10 AM to 11:24 AM
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1090155029
-
McDonough County
Ham
Property
FOS File
DATE:
September 29, 2004
TIME: 11:16AM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
towardthe east.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE
NAME:
10901 55029—.09292004-00 1 .jpg
COMMENTS:
DATE:
September 29, 2004
TIME:
11:16AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH
FILE
NAME:
10901 550294~9292004-002.jpg
COMMENTS:
DOCUMENT FILE
NAME:
10901 55029’—09292004.doc
Site Photographs
Page
1 of 12
1090155029
-
McDonough County
Site Photographs
Ham
Property
Page 2 of 12
FOS File
DATE:
September29, 2004
TIME: 11:16AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME:
10901 55029—09292004-003 .jpg
COMMENTS:
DATE:
September29, 2004
TIME:
11:17AM
PHOTOGRAPHED
BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE NAME:
10901 55029-~09292004-004.jpg
COMMENTS:
DOCUMENT FILE NAME:
10901 55029--09292004.doc
1090155029
-
McDonough
County
Site Photographs
Ham
Property
Page 3 of 12
FOS File
DATE:
September 29, 2004
TIME: 11:17AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph
taken
toward the southeast.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
10901 55029—M9292004-005.jpg
COMMENTS:
DATE:
September29, 2004
TIME:
11:17AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE NAME:
10901 55029—’09292004-006.jpg
COMMENTS:
DOCUMENT FILE NAME:
10901 55029—~09292004.doc
1090155029
-
McDonough County
Ham
Property
FOS
File
DATE:
September 29, 2004
TIME: 11:17AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE
NAME:
10901 55029—09292004-007.jpg
COMMENTS:
DATE:
September 29, 2004
TIME:
11:17AM
PHOTOGRAPHED
BY:
Robert I. Wagner
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
10901 55029—09292004-008.jpg
COMMENTS:
DOCUMENT FILE NAME:
10901 55029—09292004.doc
Site Photographs
Page 4 of 12
1090155029
-
McDonough
County
Site Photographs
Ham
Property
Page 5 of12
FOS
File
DATE:
September 29, 2004
TIME: 11:17AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
east.
PHOTOGRAPH
NUMBER:
9
PHOTOGRAPH FILE NAME:
10901 55029—09292004-009.jpg
COMMENTS:
DATE:
September 29, 2004
TIME:
11:18AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE NAME:
10901 55029-~09292004-0
I 0.jpg
COMMENTS:
DOCUMENT FILE NAME:
10901 55029—09292004.doc
1090155029
-
McDonough County
Site Photographs
Ham
Property
Page 6 of 12
FOS File
DATE:
September 29, 2004
TIME: 11:18AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph
taken
toward the east.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
1090155029—09292004-01 1.jpg
COMMENTS:
DATE:
September29, 2004
TIME:
11:19AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
east.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH FILE NAME:
10901
55029~-09292004-012.jpg
COMMENTS:
DOCUMENT FILE NAME:
10901 55029—09292004.doc
1090155029
-
McDonough
County
Ham
Property
FOS File
DATE:
September 29, 2004
TIME: 11:19AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
13
PHOTOGRAPH FILE NAME:
10901 55029—’09292004-0 13.jpg
COMMENTS:
DATE:
September29, 2004
TIME:
11:21AM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward the
west.
PHOTOGRAPH NUMBER:
14
PHOTOGRAPH FILE
NAME:
1090155029-09292004-014.jpg
COMMENTS:
Site Photographs
Page 7of12
V
~
L~
~Y:
DOCUMENT FILENAME:
10901 55029—09292004.doc
1090155029
-
McDonough County
Ham
Property
FOS File
DATE:
September 29, 2004
TIME: 11:21AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH
NUMBER:
15
PHOTOGRAPH FILE NAME:
1090155029—O92920Q4~01
5.jpg
COMMENTS:
DATE: September 29, 2004
TIME:
11:21AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
16
PHOTOGRAPH FILE NAME:
10901 55029—09292004-0 16.jpg
COMMENTS:
DOCUMENT FILENAME:
1 090155029—09292004.doc
Site Photographs
Page 8of12
1090155029
-
McDonough
County
Site Photographs
Ham
Property
Page 9 of12
FOS File
DATE:
September29, 2004
TIME: 11:22AM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
towardthe northeast.
PHOTOGRAPH
NUMBER:
17
PHOTOGRAPH FILENAME:
10901 55029—09292004-0
1 7.jpg
COMMENTS:
DATE:
September 29, 2004
TIME:
11:22AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the southwest.
PHOTOGRAPH NUMBER:
18
PHOTOGRAPH FILE NAME:
1090155029—09292004-0
1
8.jpg
COMMENTS:
DOCUMENT FILE NAME:
10901
55029’—09292004.doc
1090155029
-
McDonough County
Ham
Property
FOS File
DATE:
September 29, 2004
TIME: 11:22AM
PHOTOGRAPHED
BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
towardthe southwest.
PHOTOGRAPH NUMBER:
19
PHOTOGRAPH FILENAME:
10901 55029—09292004-0
1 9.jpg
COMMENTS:
DATE:
September 29, 2004
TIME:
11:23AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
20
PHOTOGRAPH FILE NAME:
1 090 155029—09292004-020.jpg
COMMENTS:
Site Photographs
Page 10 of12
~
1G.
DOCUMENT FILE NAME:
1090155029--09292004.doc
1090155029
-
McDonough County
Ham
Property
FOS File
DATE:
September 29, 2004
TIME: 11:23AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH
NUMBER: 21
PHOTOGRAPH FILE NAME:
10901 55029—09292004-02
1 .jpg
COMMENTS:
DATE:
September 29, 2004
TIME:
11:24AM
PHOTOGRAPHED
BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the north.
PHOTOGRAPH NUMBER:
22
PHOTOGRAPH
FILE
NAME:
10901 55029—09292004-022 .jpg
COMMENTS:
Site Photographs
Page 11 of 12
DOCUMENT FILE NAME:
10901 55029—09292004.doc
1090155029
-
McDonough County
Site Photographs
Ham
Property
Page 12 of 12
FOS
File
DATE:
September 29, 2004
TIME:
11:24AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
23
PHOTOGRAPH FILE NAME:
10901 55029—09292004-023.jpg
COMMENTS:
DOCUMENT FILE NAME:
10901 55029—09292004 .doc
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PROOF OF
SERVICE
I hereby certify that
I did
on
the
21St day of October 2004,
send by Certified Mail, Return
ReceiptRequested, with postage thereon fullyprepaid, by depositing in
a United States Post Office
Box a true and correct copy ofthe followinginstnmient(s) entitled ADMiNISTRATIVECITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Leo and Debra Ham
601
E. Osborn St
Lot 41
Bushnell, Illinois
61422
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
-
J
~
~
Michel e M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois62794-9276
(217) 782-5544
THIS
FILING
SUBMITTED ON RECYCLED PAPER
