REGEWED

CLERK’S OFFICE

FEBU3.2005

STATE OF

~LUNO~S

pollution ContrO~

board

INFORMATIONAL NOTICE!

H

1~.

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

locatedàt:

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.

---

•

RECEWED

•

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERK’S

OFFICE

FEB

03

2005

STATE OF ILLINOIS

Pollution Control

Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Cothplainant,

)

AC

OS

~

)

v.

)

(IEPA No.

9-05-AC)

)

ROBERT DANIEL SPEARS,

)

)

•

Respondent.

,

)

NOTICE OF FILING

To:

Robert Daniel Spears

-

P.O.

Box

21

Beardstown, Illinois

62618

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

Control Board of the

State ofIllinois the following instrument(s) entitled ADMINISTRATIVE

CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.

Respectfully submitted,

Ja

es M. Kr~

/~

Sfiecial Assistant Attorney General

Illinois Environmental Protection Agency

LI

1021 North Grand Avenue East

P.O.

Box

19276

Springfield, Illinois 62794-9276

(217)

782-5544

Dated:

February

1, 2005

THIS FILING SUBMITfED ON

RECYCLED PAPER

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

)

•

•

,

)

_~4ç~/~~

Complainant,

)

AC

V.

)

(IEPA

No. 9-05-AC)

ROBERT DANIEL SPEARS,

)

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 Robert Daniel

Spears (“Respondent”) is the present

owner and operator of a

facility

located

at

4791

U.S.

Highway

67,

Beardstown,

Cass

County,

Illinois.

The property

is

commonly known to the

Illinois

Environmental

Protection Agency as

Hagener Township! Spears.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating Permit and is designated with

Site Code No.

0178055003.

3.

That Respondent has owned and operated said facility at all times pertinent hereto.

4.

That

on

December 15,2004, Charlie

King of the

Illinois

Environmental

Protection

Agency’s

Springfield

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.

1

---

VIOLATIONS

Based upon direct observations made by Charlie King during the course of his December 15,

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)(l)

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

2l(p)(3)

of

the

Act,

415

ILCS

•

512l(p)(3)

(2002).

•

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 Three Thousand Dollars ($3,000.00).

If Respondent elects

not to petition the Illinois Pollution Control Board, thestatutory civil penalty specified above shalFbe

due

and

payable

no

later than

March

1,

2005,

unless otherwise

provided

by order

of the Illinois

Pollution Control Board.

If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution

Control Board

in accordancewith Section 31.1

of the Act, 415 ILCS 5/31.1

(2002), and if the Illinois

Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatoryhearing,

Respondent shall be assessed the associated

hearing costs incurred bythe 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

2

---

violation.

Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), if Respondent fails

to petition orelects notto 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

~nd 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.

Ifanycivilpenaltyand/orhearing costs are

notpaid within thetime prescribed byorderof the

Illinois

Pollution

Control Board,

interest on

said

penalty and/or hearing

costs shall

be

assessed

against the Respondentfromthe 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 Coyrt tQ~ollect

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 lllinoi~Pollution

Control

Board

shall enter a default judgment against the Respondent.

~-~e-

Date:

~jI;

Jo?~

Renee Cipriano,

Director

Illinois Environmental

Protection Agency

Prepared

by:

Stssan

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

•

•~‘

REMIUANCE

FORM

FEB

032005

•

STATE OF ILLINOIS

Pollution

Control Board

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

~

v.

)

(IEPA No. 9-05-AC)

ROBERTDANIELSPEARS,

•

)

-

Respondent.

)

FACILITY:

Hagener Township/Spears

SITE CODE NO.:

0178055003

COUNTY:

Cass

CIVIL PENALTY:

$3,000.00

DATE OF INSPECTION:

December 15, 2004

DATE REMITTED:

SS/FEIN NUMBER:

SIGNATURE:

-

•

NOTE

‘

Please enter

the

date

of your

remittance,

your

Social

Securfty number

(SS)

if

an

individual

or

Federal Employer Identification Number (FEIN)’ifa 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:

Cass

LP~#:

0178055003

Region:

Springfield

Location/Site Name:

Hagener Twp./Spears

Date:

12/15/2004

Time:

From

1350

To

1415

Previous

Inspection Date:

09/02/2004

Inspector(s):

Charlie

King

and David

C.

Jansen

Weather:

Sunny,_80_deg.

F., Winds W

@

10mph.

No. of Photos Taken:

#

14

Est. Amt. of Waste:

56

yds3

Samples Taken:

Yes #

No

~

Interviewed:

None

Complaint #:

C-05-01 3-C

Robert Spears

Responsible

Party

‘p. 0.

Box 21

•

Mailing Address(es)

and

Phone

Beardstown,

IL

62618

iAN

~ g

2nnç

Number(s):

217/323-3679 (H)

217/622-8111 (Mobile/Cell)

‘

SECTION

DESCRIPTION

ILUNOIS ENVIRONMENTAL PROTECTION

1.

9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION

IN

2.

9(c)

CAUSE OR ALLOW OPEN BURNING

3.

12(a)

‘

CAUSE, THREATEN OR ALLOW WATER POLLUTION IN

ILLINOIS

Eli

4.

12(d)

5.

21(a)

CAUSE OR ALLOW OPEN

6.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

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

AND REGULATIONS

-

8.

21(p)

CAUSE OR ALLOW THE

OPEN DUMPING OF

ANY WASTE

IN

ANY OF THE FOLLOWING

OCCURRENCES AT THE DUMP SITE:

(1)

Litter

(2)

Scavenging

•

•

‘-

,

‘

LI

(3)

Open

Burning

-

Z

(4)

Deposition_of’Waste_in_Standing_or_Flowing_Waters

LI

(5)

Proliferation

of

Disease Vectors

Eli

(6)

Standing or Flowing

Liquid

Discharge from the Dump

Site

LI

Revised 06/18/2001

(Open Dump

-

1)

---

LPC#

0178055003

Inspection

Date:

09/02/2004

(7)

Deposition of General Construction or Demolition Debris; or Clean Construction or

LI

Demolition Debris

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

-

LI

35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS

•

•

‘•

,~•‘

•~•

•

•

“SUBTITLEG:

•

•

‘,•.

‘

FAILURE TO SUBMIT

AN APPLICATION FOR A PERMIT TO DEVELOP AND

10.

812.101(a)

OPERATEALANDFILL

-

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

-

13.

809.302(a)

PERMIT AND/OR MANIFEST

‘

•

•

•

•

•

•

~•

‘:,:‘~

OThEk’~EQUIREME~TS

“

‘

‘.

14.

APPARENT VIOLATION OF:

(I)

PCB;

(I)

CIRCUIT COURT,

CASE

NUMBER:

•

ORDER ENTERED ON:

LI

15.

OTHER:

LI

LI

.

LI

.

LI

LI

-

/1

LI

(~A~4L

~

A~&Vd

~

Signa~Ur~

of Inspector(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 canbe 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 accordancewith

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)

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

-

MEMORANDUM

DATE:

January 5, 2005

TO:

Land

DivisionFile

-

‘

‘

•

‘

..

•

~

~

FROM:

~~har1ie

King, DLPC/FOS

—

Springfield Region

~

~~1

~Vkj~)

SUBJECT:

LPC

#

0178055003

—

Cass County

N

i

~

2PI~

•

Hagener Twp./Spears

C-05-013-C

•

‘

FOS File,

•

,

NARRATIVE RE-INSPECTION REPORT

DOCUMENT

The purpose ofthis memorandum is to serve as the Narrative Re-Inspection Report

Document of a re-inspection conducted at the subject site on December

15,

2004 from

‘approximately 1:50 p.m. until

2:15 p.m., by this author. I was accompanied on the re-

inspection by David C.

Jansen, Manager, IEPAIDLPCIFOS

—

Springfield Region,

and,

Kristin Laughridge, Assistant Attorney General (AAG), Illinois Attorney General’s

Office (IAGO). The re-inspection was conducted to

follow-up the September 2, 2004

initial site inspection, which was in response to a complaint received at the DLPC/FOS

—

Springfield Regional Office.

The original site inspection was reported in the Narrative

Inspection Report Document Memorandum to

the Land Division File, from this author,

•dated September 21,

2004.

That initial inspection resulted in the issuance of two

identical Administrative Citation Warning Notices (ACWNs).

One was mailed to Robert’

and Dusty Spears, and the other to Bobbye Spears. No response to the ACWN was

received from Robert or Dusty Spears.

However, it turns out that although Bobbye

Spears’ name was on the Warranty Deed for the property, she was divorced from Robert

Spears.

On her behalf, her attorney, Thomas L. Veith of Bellatti, Fay, Bellatti & Beard

Law Offices in Jacksonville, Illinois, sent

a letter to the Illinois EPA dated November 30,

2004.

That letter points

out that Mr. and Mrs.

Spears had separated in the fall of2002

and during that time, Mr.

Spears and his sons had possession ofthe property.

Further, in

the Judgment ofDissolution ofMarriage,.which Mr. Veith attached

to his letter, as part

ofthe settlement,

Mr. Spears caused the conditions that resulted in the ACWN, and the

Spears’ agreed that Mr.

Spears should be responsible for the cleanup ofthe marital

residence, and any costs of cleanup or fines levied by the Illinois

EPA.

It further states

that “...Husband shall remove all vehicles currently stored upon the above premises

and

•

other

waste within 30 days from the date hereof..

.

and hold Wife harmless from any

liability.

.

.

in violation ofthe Illinois Environmental Protection Act, including clean up

costs and fines that may be imposed by such violations (ref.

State ofIllinois,

In the

Circuit Court for the Eighth Judicial Circuit, CountyofCass, Marital Settlement

Agreement No. 02-D-73, Article II, Marital Residence).” The Judgment for Dissolution

---

ofMarriage was signed by both Robert Daniel Spears and Bobbye Jeanette Spears, their

attorneys and thejudge assigned to the case.

It was dated October 4, 2004,

more than 30

days prior to the re-inspection.

The re-inspection resulted in the finding that evidence ofopen dumping and open burning

were still present at the property.

Dusty Spears had removed all vehicles that were

inoperable that were his responsibilities.

The site is located approximately five miles south of the City ofBeardstown at 4791 U.

S. Highway 67 South.

This property is on the northwest corner ofthe intersection of U.

S. Highway 67 South and (LaGrange) Lock and Dam Road, except for a fenced CIPS

electrical sub-station on the southeast corner.

Across U.

S. Highway 67 to the east,

Lock

and Dam Road is named Hagener Road. The mailbox on-site reads Bob

(&)

Bobbye

Spears, although Bobbye Spears lives at’ this address, and Bob

Spears no ‘longer lives’

there. As mentioned, the Spears are divorced. Her son, Dusty Spears, reportedly no

longer lives at the property, but does repair vehicles there from time-to-time.

Legally and specifically, the site is located on two parcels.

Partial

descriptions are

provided as follows:

The first parcel is part of the East Halfofthe Northeast Quarter of

Section Seven,

Township

17 N, Range

12 West of the Third Principal Meridian.

An

additional detailed description is provided on the Warranty Deed, No. 92074, Book

156,

page 427, filed May 10,

1988.

The second parcel is part of the West Half, Northeast

Quarter, Section

Seven, Township

17N, Range

12 West of the Third Principal Meridian.

An additional detailed description is~,provided

on the Warranty Deed, No.

92075,

book

156, page 428,

filed May 10,

1988.

The grantors conveyed and quitclaimed the

properties

to Robert D. Spears and Bobbye J.

Spears asjoint tenants, nOt as tenants in

common.

However, since their divorce, Bobbye J. Spears reportedly bought out Robert

D.

Spears interest in the house, and she is now the sole owner ofthe property.

A copy of

an updated Deed has not yet been provided to, or obtained by, the Illinois

EPA.

However, it may be a few weeks ormonths until an updated deed is available.

Upon arrival at the site on the day ofthe inspection,

the wèàther was partly cloudy, with

an air temperature ofapproximately 45

degrees.

Winds were westerly at approximately

5

mph.

Surface soil ‘conditions were mostly dry, but damp in places.

During the course of the physical re-inspection,

14 photographs were taken with a digital

camera.

They show the conditions at the site on the day of the re-inspection.

FrOm the

re-inspection, the previous inspection report and the inspection photographs, a partially,

computer generated sketch ofthe site was developed by this author.

The digital camera

provides a three-digit number to each photograph, i.e.,

001, 002, etc.

This is how the

photographs are referred to in this narrative and in the Digital Photographs.’

However, to

• save space, real numbers were used on the Site Sketch, i.e.,

1, 2, etc.

Copies of the

Digital Photographs and the Site Sketch accompany this report.

,‘,

-

Upon arrival at the site on the day ofthe re-inspection, we parked in the east/west part of

the driveway, which turns to

the south,

and observed a large waste roll-offbox in the

2

---

northlsouth part of the continuing driveway, shown in photo # 001

This is a roll-offbox

that Ms.

Spears stated that she provided.

We exited the vehicle and initially knocked on

the door front.

No one answered the door.

I then went to the back ofthe home and

knocked on the back door

No one answered there either and no one was observed

outside on the property.

While leaving theback wooden porch, I. observed a burned area

‘

in the grass approximately

15’

west of the northwest corner ofthe house, as shown in

photo # 002

This area measured approximately

12’

x

8’

x

1’

Wastes observed included

car hoses, paper, cans,’landscape wastes, car parts and apparent flui~niture

or car seat

‘

springs

Mr

Jansen and Ms

Laugbndge observed the contents ofthe roll-off box and the area

around the garage on-site, while I walked to the west and then southwest ofthe property

to

examine areaswhere wastes were observed during the initial site inspection

I walked

to an area at the far western side ofthe site where a mattress and metals were previously

observed

They were still there in a pile

measuring approximately 7’ x

8’ x 2’, as shown

in photo #

003

Walking further south and back up hill towards the east, wood was again

observed in an area measuring approximately 10’

x

5’ x

1’

Rolled out linoleum was also

observed in an area measuring approximately 15’ x 4’

x

1’

These wastes were

observed

just west of the apparently vacant double-wide mobile home on-site, as shown in photo #

004

A junk truck that was partially tarped was

still present as shown in photo #

005

Additional metals leaned against the truck

Just to the southwest ofthejunk truck, a

previously observed of wastes measuring approximately

5’

x 6’

x 2’, shown in photo #

006

Partially burned PVC pipe, wood, cans,

clothes and toys

were in that pile

Used

tires‘(eight on-rims ‘and one off-rim), weights, metals, insulation, cardboard and empty

.

‘

•

paint cans

were noted in the

area as well, shown in photo # 007

A pickup truck in that

area was observed with a half truck-bed converted into a pull-behind trailer loaded with

wastes, shown in photo

#

007

Wastes on the trailer included several bags of cans and at

least four old car batteries that should be recycled

These are shown in photo # 008

Walking backtowards the apparentlyunoccupied double-wide, a pile ofwastes was

found approximately

35’

in front of

it,

as shown in photo # 009

It consisted of

cardboard, carpe~tqys,

general household refuse

and measured approximately 9’ x

6’ x

3’

Closer to the front of that double-wide, a refrigeratorwas still located on the porch

Dunng the initial site Inspection, I was told that the trailer had lost power

Since the

refrigerator started to stink due to rotting food,

it

was dragged outside onto the porch

(instead of being emptied and cleaned out, inside)

As shown in photo

# 010, some food

was still inside the open refrigerator

A television set

and pieces of Styrofoam are shown

on the ground

To the northwest ofthat double-wide, a small pile offramed photographs,

a teddy bear and other toys were observed in a pile measuring approximately 6’ x

5’

x

1’,

as shown in photo #

011

Behind the doublewide trailer and just west ofthe new garage,

an old garage or storage building with a dirt floor was observed, as shown in photo #sa

012,

103 and 014

Photo # 012 shows metals, wood,

16 used tires (eight on-rims and

eight off-nms) in a pile measuring approximately

12’ x

8’

x 2’, locatedjust west ofthe

old storage building

In front, or immediately to the south ofthat building,

anotherpile

ofwastes measuring approximately 8’ x

5’

x

2’ was observed.

It consisted oftoys, a

truck door, a tire on-nm, wood, and plastics,

shown in photo # 013

Photo # 014 shows

3

---

the inside ofthe old

storage building.

Its doorwas found to be open.

Wastes

on the dirt

floor, visible through the open door, include plastics, metals,

a bird cage, paper,

cans,

wood and a toilet.

These wastes will also

have to be removed. Another toilet was found

on the far southern end ofthe site, adjacent to Lock and Dam Road, also observed during

the initial site inspection.

Although some wastes had been cleaned up at this site, a substantial amount ofwastes

were still present.

During the re-inspection, apparent violations of~the

Illinois

Environmental Protection Act (Act) and ofthe regulations, Title 35, Illinois

Administrative Code,

Subtitle G (35 IAC), were found to

yet exist.

Those apparent

violations ofthe Act

are Sections:

9(a),

9(c), 21(a), 21(d)(1), 21(d)(2), 21(e), 21Q~)(l),

2l(p)(3) and

55(a)(l).

An apparent violation of the regulations, 35

IAC, is Section:

8 12.101(a).

The Open Dump Inspection Checklist that accompanies this report provides

additional information.

Other Comments

1.

The total

amount ofwaste at this site is estimated at 56 cu. yds., down from the

123

cu. yds. observed during the initial inspection calculated as follows:

Description ofWaste

‘

Size of Waste Area

Miscellaneous waste if piled together

5’ x 5’ x

2’

Open dumping and burning behind house

12’ x 8’ x

1’

Mattress and

metals pile at west

7’

x

8’ x 2’

Wood west of vacant double-wide

10’

x

5’

x

1’

Un-rolled linoleum

15’

x4’ xl’

Burned PVC, wood, clothes

5’ x 6’ x 2’

Toys,

cardboard, carpet

9’

x

6’

x

3’

Refrigerator

-‘

-‘

.

‘

8’ x

4’ x

4’

‘Styrofoam

‘

‘

4’ x 5’x

1’

Teddy bear and other toys

.

6’ x

5’

x

1’

16 used tires

‘

Junk behind shed

•Junk in front ofshed

Onejunk truck

7’x5’x12’

=

+

‘

420

1,524

*

1,524 cu.

ft. ÷

27 (conversion factor from

cu.

ft.

to cu. yds.)

=

56.44 or

56

cu.

yds.

‘.‘

2.

No one else approached me during the inspection.

3.

This author telephoned Ms. Bobbye Spears on January 5, 2005 to clarify, some

information

During that telephone call, upon inquiry, Ms

Spears stated that Robert

Spears had not been out

to

do any cleanup at the site since the re-inspection on December

15, 2004.

•

Totals

in

Cu. Ft.

=

50

96

F

112

50

60

60

162

128

20

30

64,

192

80

2’x2’xl’xl6units

12’ x 8’ x

2’

8’ 5’x2’

4

---

CK

cc:

DLPC/FOS

—

Springfield Region

5

---

SITE SKETCH

Site name:

LPC #:

Inspector:

Hagener Twp./Spears

O178O55OO3~

Charlie King

County:

Cass

Date:

December 15, 2004

Time:

‘

1:50p.m.—2:15p.m.

A digital camera was usedfor the Inspection photos.

Distances are approximate

—

Not drawn to scale

Christmas tree farm on

north side of site

4k

II

~2 13-~~~

(-V

6

8

2

Bobbye

Spears

Residence.

Formerly

Robert

spears

residence.

4

La Grange Lockand Dam

+

U.

S. Route

ClIPS Sub-Station

~~1

LEGEND

2—÷

-

Denotes location and direction ofphoto.

-

Vehicle

-

Used Tires

-

Wastes

OB

-

Open Burning

---

Illinois

Environmental Protection Agency

Division of Land

DIGITAL PHOTOGRAPHS

LPC # 0178055003

—

Hagener Township/Spears

FOS File

Date:

December 15,

Photo by:

Charlie King

Exposure #: 001

Comments:

An

Area

Disposal roll-off box

filled

with refuse,

provided by Bobbye

Spears

(not

the

respondent),

is

shown.

Date:

December

15,

Time:

1:50p.m.

Direction:

SW

Photo by: Charlie King’

Exposure#:

002

Comments:

Evidence

of open dumping and

open

burning is shown.

This area measured

approximately 12’

x 8’

x

1’.

Wastes

observed

included car hoses,

paper, cans,

landscape

waste, car parts and

springs.

File Names: 0178055003—12152004-Exp.

Page

1

of 7

---

Illinois

Environmental Protection Agency

Division of Land

Pollution Control

LPC # 0178055003

—

Cass

County

FOSFile

Date:

December15,

2004

Time:

1:53 p.m.

Direction: SW

Photo by: Charlie

King

Exposure #: 003

Comments:

A mattress

and metals measuring

approximately 7’ x 8’ x

2’, on the

west

side

of

the

property,

next to a

Date:

December15,

2004

Time:

1:54

p.m.

Direction: NE.

Photo by:

Charlie King

Exposure #:

004

Comments:

Shown,

a pile of wood

measuring.

approximately 10’ x 5’ x

linoleum

measuring

approximately 15’ x 4’ x

DIGITAL PHOTOGRAPHS

~~‘-““‘‘—“

~‘‘~a~’:

File Names: 0178055003—I 21 52004-Exp.

Page 2 of 7

---

Illinois Environmental Protection Agency

LPC # 0178055003

—

Bureau of Land

Division of Land Pollution Control

Date:

December15,

2004

Time:

1:56

p.m.

Direction:

E/SE

Photo by:

Charlie King

Exposure

#:

005

Comments:

A

junk

truck

is

shown

in this

photo, with additional

metals.

Date:

December15,

2004

Time:

1:57 p.m.

Direction:

SW

Photo

by:

Charlie

King

Exposure #:

006

Comments: A pile of

wastes measuring

approximately 5’ x 6’ x

2’

is

shown.

Partially

burned

PVC

pipe,

wood, cans, clothes

observed.

File Names:

0178055003—I

21

52004-Exp.

#.jpg

Page3of7

‘

---

LPC # 0178055003,— Càss County

Date:

December 15,

Time:

1:58 p.m.

Direction:

Photo by:

Charlie King

Exposure #: 007

Comments:

Used tires

(eight on-rims,

one off-

rim),

weights,

metals,

insulation, cardboard

and empty

paint cans

Date:

December 15,

2004

Time:

2:00

p.m.

Direction:

S/SW

Photo by: Charlie King

Exposure #: 008

-

Comments:

A pickup

truck

with a truck bed

converted into

a trailer,

are shown.

Wastes on

the trailer includes

bags of

cans

and at

least four old car

batteries that should

be recycled.

L

File Names:

0178055003—1

Page 4 of 7

---

Illinois Environmental Protection Agency

-

LPC # 0178055003

—

Cass County

Bureau of Land

Hagener Township/Spears

Division of Land Pollution Control

Date:

December15,

2004

Time:

2:01

p.m.

Direction:

N

Photo by:

Charlie

King

Exposure #:

009

Comments:

A pile ‘of

cardboard,

toys,

carpet

and

general

household

refuse,

approximately 9’ x 6’ x

3’,

is shown.

Date:

December 15,

2004

Time:

2:02p.m.

Direction:

NE

Photo

by: Charlie King

Exposure#:

Comments: A

refrigerator with an

open door on the front

porch of an

unoccupied double-

wide trailer is shown.

Waste food is also

shown.

A television

set and

pieces

of

Styrofoam

are

shown

on the ground.

r

File Names:0178055003—12152004-Exp.

#.jpg

.

‘

.

Page 5 of 7

---

Illinois Environmental Protection Agency

LPC # 0178055003

—

Cass

Coumty

Bureau of Land

.

‘

Hagener Township/Spears

Division of Land Pollution Control

‘

‘

Date:

December 15,

2004

Direction: W

Photo by: Charlie

King

Exposure#: 011.

Comments:

Framed

photographs,

a teddy

bear and

other toys,

are shown

in

a pile

approximately

6’ x 5’

x

Date:

December 15,

Time:

2:04 p.m.

Direction:

Photo

by: Charlie King

Exposuré#:

Comments:

Metals,

wood,

16 used tires

(eight on-rims, eight

cardboard are shown

behind

a shed west of

the garage, in a pile

approximately 12’ x 8’ x

File Names: 0178055003—12152004-Exp.

Page 6 of 7

---

Illinois Environmental Protection Agency

.

LPC # 0178055003

—

Bureau of Land

Hagener Township/Spears

Division of Land Pollution Control

,

Date:

December15,

Time: 2:04 p.m.

Direction:

Photo by:

Charlie King

Exposure #: 013

Comments:

Toys, a

truck door,

a tire on-

rim,

wood,

and plastics

are showA in a pile

measuring

approximately 8’ x 5’ x

2’,

in

front of the shed,

Date:

December15,

Time:

2:08 p.m.

Direction:

NW

Photo by:

Charlie King

Exposure#:

014’

Comments:

Wastes,’

including plastic,

metals a bird cage,

paper, cans, wood and

a toilet are shown on

the ground inside of

the open shed

File Names: 0178055003—12152004-Exp.

Page7of7

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

AFFIDAVIT

IN THE MATTER OF:

)

)

Illinois Environmental

‘

)

Protection Agency

)

)

vs.

)

.

JEPA DOCKET NO.

)

Robert Daniel Spears,

)

)

Respondent.

‘

)

Affiant, Charles

W. King, Jr., being first duly sworn, voluntarily deposes and states as

follows:

1.

Affiant is a field inspector employed by the Division of Land Pollution Control/Field

Operations Section of the Illinois Environmental Protection Agency and has been so

employed at all times pertinent hereto.

-

2.

On December 15, 2004 between 1:50 PM and

2:15

PM, Affiant conducted an

inspection ofa disposal site operated without an’ Illinois Environmental Protection

Agency permit,

located‘in

Cass County, Illinois,

and known as Hagener Township/Spears

by the Illinois Environmental Protection Agency.

Said

site has been assigned site code

number LPC# 0178055003

by the Illinois Environmental Protection Agency.

3.

Affiant inspected said Hagener Township/Spears 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 thebest of

Affiant’s knowledge and belief,

is an accurate representation ofAffiant’s observations and

factual conclusions with respect to said Hagener Township/Spears open dump.

‘J

Charles W. King, Jr.

Subscribed and Sworn To before me

—

~

~~OO_~

~-~-~4~_

~

~

Notary Public

-

~

-~.-•.

-

OFF~CiA~

S~EAL

-

POW&L,

-

-

~

NOTARy

~

~

M~rct~

~

5.

2008

,

—

~

~

-._-,._.

---

-

PROOF OF SERVICE

I hereby certify that I did on

the

1st

day of February 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:

Robert Daniel Spears

P.O. Box

21

Beardstown, Illinois

62618

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 Guim, Clerk

Pollution Control Board

James R. Thompson Center

‘

100 West Randolph Street, Suite 11-500

‘

Chicago, Illinois 60601

‘~‘

~

-

James M.

opid

Special Ass~tantAttorney 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