1. 2 9(c) CAUSE OR ALLOW OPEN BURNING
      2. CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL.6. 21(d)
      3. Without a Permit
      4. WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
      5. 8. 21(p)CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
      6. IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
      7. 9. 55(a) NO PERSON SHALL:
      8. 812.101 (a)FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
      9. 809.302(a)
      10. Hess Property
      11. FOS File
      12. Hess Property
      13. FOS File
      14. Page2of6
      15. Hess Property
      16. FOS File
      17. Hess Property
      18. FOS File
      19. Hess Property
      20. FOS File
      21. Hess Property
      22. FOS File
      23. Page 6 of 6

CLERK’SOFRCE
JAN
2112005
STATE OF ~LUNOIS
Pollution Contrb~~
(~~0c5~Lt/
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 tothe 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.

RE C
~V
ED
CLERK’S
OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
JAN
211
2005
ADMINISTRATIVE CITATION
STATE
OF ILLU’JO~S
Pollution Contro’
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
V.
)
(IEPA
No.
686-04-AC)
)
STACY HESS,
)
)
Respondent.
)
NOTICE OF FILING
To:
Stacy Hess
703
North
Main
Washington, Illinois
61571
PLEASE
TAKE
NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board ofthe State of Illinois 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:
January 18, 2005
THIS
FILING SUBMITTED ON
RECYCLED PAPER

RECEI~VED
CLERK’S OF~CF_
BEFORE
THE ILLINOIS
POLLUTION
CONTROL BOARD
JAN
202005
ADMINISTRATIVE CITATION
STATE OF ILLiNOIS
Pollution Control Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
—47
Complainant,
)
AC
~
V.
)
(IEPA
No. 686-04-AC)
STACY HESS,
)
Respondent.
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
Stacy
Hess
(“Respondent”)
is the
present
owner
and
operator of a
facility
located off of Route 24 East in Washington, Tazewell County,
Illinois.
The plat description is T26N-
R3-2W,
SE
1/4
of
Sectionl3.
The
property
is
commonly
known
to
the
Illinois
Environmental
Protection Agency as
Hess 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.
1798180017.
3.
That Respondenthas owned and
operated said facility at all times pertinent hereto.
4.
That on December21, 2004,
R. Eugene Figge of 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
R.
Eugene
Figge
during
the
course
of
his
December 21, 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
Respondent caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
litter,
a
violation
of
Section 2l(p)(1) of
the Act, 415
ILCS
5/21(p)(1)
(2002).
(2)
That
Respondent 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
5/2l(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 2l(p)(7) of the Act, 415 ILCS
5/2l(p)(7) (2002).
L
CIVIL PENALTY
Pursuant to
Section
42(b)(4-5)
of the Act,
415
ILCS
5/42(b)(4-5)
(2002),
Respondent is
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
Respondent elects
not
to
petition
the Illinois
Pollution
Control
Board,
the
statutory
civil penalty
specified above shall be due and payable no later than March 1, 2005, unless otherwise provided by
2

order of the Illinois Pollution Control Board.
If Respondent elects to contestthis 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 adjudicatory hearing,
Respondent 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 the Act, 415 ILCS 5/31.1(d)(1) (2002), ifRespondentfails
to petition or elects not to petition the Illinois Pollution Control Board for review of thisAdministrative
Citation within thirty-five (35) days of the date of service,
the Illinois Pollution
Control Board shall
adopt a final
order,
which shall
include
this Administrative
Citation
and
findings
of violation
as
alleged
herein, and shall impose the statutory civil penalty specified above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection
Agency,
1021
North
Grand Avenue
East,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondent shall complete and
return
the enclosed
Remittance Form to ensure proper documentation of payment.
If any civil penalty and/or hearing costs are not paid within the time prescribed byorder of the
Illinois
Pollution
Control
Board,
interest on
said
penalty
and/or hearing
costs
shall
be
assessed
against the Respondent 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
.
Respondent
has
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 Respondent elects to contest
this Administrative
Citation,
then
Respondent shall file a
signed
Petition for Review, including a
Notice
of
Filing,
Certificate
of
Service,
and
Notice
of Appearance,
with
the Clerk of the
Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
A copy of said
Petition for Review shall
be filed with the Illinois Environmental
Protection
Agency’s Division of Legal Counsel at 1021
North Grand Avenue East, P.O.
Box 19276, Springfield,
Illinois 62794-9276.
Section 31.1
of the Act provides that any Petition for Review shall be filed
within
thirty-five (35)
days
of the
date
of
service
of this Administrative
Citation or the Illinois
Pollution
Control Board
shall enter a default judgment against the Respondent.
eAf-.4.4,
Date:
‘I ~
~
105
Renee Cipriano,
Director
4-i.
...a~-c..
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

RECE~VED
CLERK’S OFFiCE
REMITTANCE
FORM
JAN
202005
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPA No. 686-04-AC)
STACY HESS,
)
Respondent.
FACILITY:
Hess Property
SITE CODE NO.:
1798180017
COUNTY;
Tazewell
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION:
December 21, 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
Affiant,
R.
Eugene Figge, 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 December 21,
2004,
between 10:30
a.m. and 10:50 a.m.,
Affiant conducted an inspection of the open dump in Tazewell County,
Illinois,
known
as Hess Property,
Illinois Environmental Protection
Agency Site No.
1798180017.
3.
Affiant inspected ‘said Hess 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 accüratë representation of Affiant’s observations and
factual conclusions with respect to said Hess, Property open dump.
IN THE MATTER OF
Stacy Hess
RESPONDENT
)‘
IEPA DOCKET NO.
)
Subscribed and
Sworn
t
before
me this
~7~~day
of
Notary Public
OFFICIAL
SEAL
BarbaraF.
Lindley
Notary Public. ~ratc of Illinois
My Commission
~xpires 8j27/05

ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
Open
Dump’Inspeótion
Checklist
County:
Tazewell
,
LPC#:
Location/Site
Name:
Washington/Hess
Property
Date:
12/21/2004
Time:
From
10:30 am
To
10:50
am
Previous Inspection Date:
07/30/1 999
Inspector(s):
R.
Eugene
Figge
& Robert Wagner
Weather:
Coudy
10
F
No. of Photos Taken:
#
12
Est. Amt. of Waste:
300
yds3
Samples Taken:
Yes #
Interviewed:
No
One On
Site
Complaint #:
Stacy Hess
703
North
Main
Washington, lllinoins
61571.
309-444-4477
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
El
4.
12(d)
CREATE A WATER POLLUTION HAZARD
El
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
.
.,
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL.
6.
21(d)
(1)
OPERATION:
.
Without a
Permit
In Violation
of Any Regulations or Standards Adopted by the Board
(2)
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
El
(3)
Open Burning
(4)
Deposition of Waste
in
Standing or Flowing Waters
.
El
(5)
Proliferation of Disease Vectors
-
El
(6)
Standing or Flowing
Liquid
Discharge from the Dump
Site
.
El
Revised 06/18/2001
(Open Dump
-
1)
1798180017
Region:
3
-
Peoria
Responsible
Party”
Mailing Address(es)
and
Phone
Number(s):

LPC#
1798180017
Inspection
Date:
12/21/2004
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demnlition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open
Dumping of Any Used or Waste
Tire
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35
ILLINOIS
ADMINISTRATIVE
CODE REQUIREMENTS
SUBTITLE G
10.
,
812.101 (a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO
DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
El.
12.
808.121
SPECIAL WASTE DETERMINATION
El
13.
,
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE
HAULING PERMIT,
UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT ANDIOR MANIFEST
El
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(fl)
PCB;
(E’)
CIRCUIT COURT
CASE_NUMBER:
ORDER_ENTERED_ON:
El
15.
OTHER:
.
El
El
El
.
El
--
El
El
(
~
/~
Signature,~T~’pector(s)
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:
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)

1798180017--TazewellCounty
-
Hess Property
December 21, 2004
R.
Eugene Figge
Pagel
-.
NARRATIVE
On December 21, 2004 an inspection was conducted from 10:30 a.m. until
10:50
a.m. at Hess
Property by R. Eugene Figge (this author)
and
Robert Wagner of DLPC/FOS
-
Peoria.
The
property was originally inspected on May 9,
1990.
The property is the former site ofa tractor
junkyard.
The property owner Stacy Hess operates a scrap metal reclamation business on the
premises.
Mr. Hess was required to
remove approximately 3000
tractor tires following the initial
inspection.
The last 1000 tires were removed by the Agency under a Consensual Removal
Agreement on July 30,
1999.
On the site the author observed approximately 50 used tires of various types, as shown in
photographs
2, 3,
11
and
12.
Evidence ofopen
burning of used tires was also observed, as
shown in photographs
7 and
8.
An accumulation of charred general refuse was present, as shown
in photographs
5
and
6.
Just east ofthe accumulation of general refuse was a partially burnt
accumulation ofdemolition waste, as shown in photographs
9
and
10.
Follow the inspection the
author proceeded to the Tazewell County Recorder ofDeeds’ Office
and
confirmed that Stacy
Hess still owned the property.
The following apparent violations were indicated on the inspection checklist:
1.
Pursuant
to Section 9(a) ofthe
Illinois
Environmental Protection Act (415 ILCS
5/9(a)),
no
person shall
cause or threaten or allow the discharge or emission ofany 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 adopted by the Board under this Act.
A violation ofSection 9(a) ofthe
Illinois
Environmental
Protection Act (415
ILCS 5/9(a))
is alleged for the following reason: Evidence of
open burning was observed during the
inspection
that indicated that Stacy
Hess as owner
and operator had caused or tended
to cause open burning which would cause or tend to cause air pollution
in Illinois.
2.
Pursuant
to Section 9(c) ofthe Illinois
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 ofany 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 ofdisposing ofsuch refuse would create a safety hazard so extreme as
to justify the pollution that would result from such burning.
A violation ofSection 9(c) ofthe
(Illinois)
Environmental Protection Act (415 ILCS
5/9(c))
is alleged for the following reason:
Evidence of open burning was observed duringthe
inspection
that indicated Stacy Hess as ownerand operator had caused or allowed
open
burning.

1798180017
--
Tazewell County
Hess Property
December 21, 2004
R. Eugene Figge
Page
2
3.
Pursuant to Section 21(a) ofthe
Illinois
Environmental Protection Act (415 ILCS 5/21(a)),
no
person shall cause or allow the open dumping ofany waste.
A violation ofSection
2 1(a) ofthe
(Illinois
Environmental
Protection Act (415
ILCS
5/21(a))
is alleged for the
following reason: Evidence of
open dumping ofwaste was
observed during the inspection that indicated Stacy Hess
as owner and operator had
caused or allowed open dumping.
4.
Pursuant to
Section 21(d)(l) ofthe Illinois
Environmental Protection Act (415
ILCS
5/2l(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 ofany conditions
imposed
by such permit.’
A violation ofSection 21(d)(1)
is alleged for the
following reason: Stacy Hess as owner and
operator had
allowed waste to be disposed without
a permit granted by the Illinois
EPA.
-
5.
Pursuant to Section 21(d)(2) ofthe
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: Stacy Hess as
owner and
operator had conducted a waste disposal operation
in violation ofregulations
adopted
by the Illinois Pollution Control Board.
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 ofSection
2 1(e) ofthe
Illinois
Environmental Protection
Act (415
ILCS
5/21(e))
is alleged
for the
following reason: Stacy Hess as
owner and
operator had allowed
waste to
be disposed at this site which does
not meet the requirements ofthe Act and
regulations thereunder.
7.
Pursuant to
Section 21(p)(1) ofthe (Illinois) Environmental
Protection Act (415
ILCS
5/21(p)(l)),
no
person shall,
in violation of subdivision (a) of this Section, cause or allow the
open dumping ofany waste in
a manner which results in litter.
The prohibitions spec~fled
in this subsection (p) shall be enforceable by theAgency either by
administrative citation under Section 31.1 ofthis Actor as otherwise provided by this Act.
The speqfic prohibitions in this subsection do not limit thepower ofthe Board to establish
regulations or standards applicable to open dumping.
-
A violation ofSection 2l(~p)(l)
ofthe (Illinois) Environmental Protection Act (415 ILCS
5/21(p)(1)) is alleged for the following reason:
Stacy Hess
as owner and operator had
caused or allowed the open dumping ofwaste in
a manner which resulted in litter.

1798180017
--
Tazewell County
Hess Property
December 21, 2004
R. Eugene Figge
Page3
-
-.
‘8.
Pursuant to Section 2l(p)(3) ofthe
Illinois)
Environmental Protection
Act (415 ILCS
5/2l(p)(3)), no person shall, in violation ofsubdivision (a) ofthis
Section, cause or allow the
open dumping of any waste in
a manner which results
in open
burning.
A violation ofSection
21@)(3) ofthe
Illinois
Environmental Protection Act (415 ILCS
S/2l(p)(3))
is alleged for the following reason:
Stacy Hess as owner and operator had
caused or allowed the open
dumping ofwaste in
a manner which resulted
in open
burning.
9.
Pursuant to
Section
21QD)(7) of the
Illinois
Environmental Protection Act (415 ILCS
5/21 (p)(7), no person shall, deposit general
construction or demolition debris, or clean
construction or demolition debris.
A violation of Section
21 (p)(7) ofthe
Illinois
Environmental Protection Act
(415
ILCS
5/21 (p)(7) is alleged for the following reason: Stacy Hess as
owner and operator
deposited general construction or demolition debris,
or clean construction or
demolition debris.
10.
Pursuant to
Section
55(a)(1) ofthe (Illinois)
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 ofSection
55(a)(l)
ofthe (Illinois)
Environmental Protection Act (415 ILCS
5/55(a)(l))
is alleged for the following reason: Evidence of
open dumping of used or waste
tires
was
observed during the inspection
that indicated Stacy Hess
as owner and
operator had caused or allowed
the open dumping
of used or waste tires.
11.
Pursuant
to 35
Ill. Adm. Code
812.101(a),
all persons, except those
specifically exempted by
Section
2 1(d) ofthe (Illinois) Environmental Protection Act, shall submit to the Agency an
application for a permit to develop and operate a landfill.
A violation of35
Ill. Adm. Code 812.101(a)
is alleged for the following reason:
Stacy Hess
as owner and operator had allowed the operation ofa waste disposal site without
submitting to the Illinois EPA an application for a permit to develop and operate a
landfill.

I
I
,,:
I
State
of
Illinois
Environmental
Protection
Agency
Site
Sketch
Inspector:
R.
Eugene
Figge
LPC
#:
1798180017
Date
of
Inspection:
December
21,
2004
County:
Tazewell
Site
Name:
-
Hess
Property
-
Time:
10:30
a.m.
10:50
a.m.
tN
Ready
Mix
Pant
-
~9P7
P5
P1
/
P3
P11
P2
P12
Route
24
Not
to
Scale

1798180017
--
Tazewell County
Hess Property
FOS File
DATE:
December 21, 2004
TIME:
10:36a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE
NAME:
1798 180017—12212004-001.jpg
COMMENTS:
DATE:
December
21, 2004
TIME:
10:36
a.m.
PHOTOGRAPHED
BY:
R. Eugene Figge
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE
NAME:
17981800 17—42212004-002.jpg
COMMENTS:
Site Photographs
Page lof6
DOCUMENT
FILE
NAME:
1798180017—12212004.doc

1798180017
--
Tazewell County
Hess Property
FOS
File
DATE:
December 21, 2004
TIME:
10:36a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME:
1798
180017—42212004-003.jpg
COMMENTS:
DATE:
December 21,
2004
TIME:
10:36a.m.
PHOTOGRAPHED
BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE NAME:
1798180017’—12212004-004.jpg
COMMENTS:
DOCUMENT FILE
NAME:
1798180017-12212004.doc
Site Photographs
-
Page2of6

1798180017
--
Tazewell
County
Hess Property
FOS File
DATE:
December 21, 2004
TIME:
10:36 a.rn.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the west.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
1798180017-122 12004-005.jpg
COMMENTS:
DATE:
December 21, 2004
TIME:
10:37a.m.
PHOTOGRAPHED BY:
R. Eugene Figge
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE NAME:
1798180017-42212004-006.jpg
COMMENTS:
Site Photographs.
Page
3
of 6
V
DOCUMENT
FILE
NAME:
1798180017—12212004.doc

1798180017
--
Tazewell County
Hess Property
FOS File
DATE:
December 21, 2004
TIME:
10:37a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH
NUMBER:
7
PHOTOGRAPH FILE
NAME:
1798180017—122 12004-007.jpg
COMMENTS:
DATE:
December 21, 2004
TIME:
10:37 a.m.
PHOTOGRAPHED
BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward
the east.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
1798180017-122 12004-008.jpg
COMMENTS:
DOCUMENT FILE NAME:
1798 180017—12212004.doc
Site Photographs
-
Page 4
of 6

1798180017
--
Tazewell County
Hess Property
FOS
File
DATE:
December 21, 2004
TIME:
10:37 a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the
south.
PHOTOGRAPH NUMBER:
9
PHOTOGRAPH FILE NAME:
1798180017-42212004-009.jpg
COMMENTS:
DATE:
December 21, 2004
TIME:
10:38 am.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the east.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE NAME:
17981800 17—12212004-010.jpg
COMMENTS:
DOCUMENT FILE NAME:
17981800 17—122 12004.doc
Site Photographs
-
Page
5
of 6
r

1798180017
--
Tazewell
County
Hess Property
FOS File
DATE:
December 21,2004
TIME:
10:38a.m.
PHOTOGRAPHED BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
11
PHOTOGRAPH FILE NAME:
1798180017-42212004-01 1.jpg
COMMENTS:
DATE:
December 21, 2004
TIME:
10:38a.m.
PHOTOGRAPHED
BY:
R.
Eugene Figge
DIRECTION:
Photograph taken
toward the south.
PHOTOGRAPH NUMBER:
12
PHOTOGRAPH
FILE NAME:
17981 80017-42212004-012.jpg
COMMENTS:
DOCUMENT FILE
NAME:
1798180017-1221 2004.doc
Site Photographs
-
Page 6 of 6

-
PROOF
OF SERVICE
I hereby certify that
I did
on the
18th
day of January
2005,
send by
Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in
a United States Post Office
Box a true and correct copy ofthe following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT,
and
OPEN DUMP INSPECTION CHECKLIST
To:
StacyHess
703 North Main
Washington, Illinois
61571
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 Guim, Clerk
Pollution Control Board
-
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
-
-
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 FILTh~G
SUBMITTED ON RECYCLED PAPER

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