ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
CLjj~~’3
OFflCE
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
21 7-782-3397
JAMES
R.
THOMPSON
CENTER,
100 WEST
RANDOLPH,
SUITE
11-300, CHICAGO,
IL 60601,
312-814-602~~A~ ~
~)J~J5
ROD R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
°~i~~\TE
OF
!LLPHo~S
~o~ution
Coritroj
~o~rd
(217) 782-9817
TDD: (217) 782-9143
March 7, 2005
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v. Ray Logsdon Estate, Logsdon Sand and Grave!
and M.K.
O’Hara Construction,
Inc.
EPA
File No. 33-05-AC; 0178020009—Cass County
Dear Ms. Gunn:
Enclosed
is a ~
copy
tNarrative
~
forthe above
referenced case.
During copying ofthe report, some pages were inadvertently left out.
The
Administrative Citation was sent to
you February 7, 2005.
I apologize for any inconvenience
this may cause.
Sinc
rely,
J
mes M. Kropid
Assistant Counsel
Enclosure
ROCKFORD
—4302 North Main Street,
Rockford,
IL 61103
—
(815)
987-7760
•
DES
PLAINES
—
9511
W.
Harrison St.,
Des Plaines, IL 60016
—
(847) 294-4000
ELGIN
—595 South State, Elgin,
IL
60123— (847) 608-3131
•
PEORIA —5415 N.
University
St.,
Peoria,
IL 61614 —(309) 693-5463
BUREAU
OF LAND
-
PEORIA
—
7620
N.
University
St.,
Peoria,
IL
61614
—
(309) 693-5462
•
CH~iP~iG~
—2125
South
First Street, Champaign,
IL
61820— (217) 278-5800
SPRINGFIELD —4500
S. Sixth
Street
Rd.,
Springfield,
IL 62706— (217) 786-6892
•
COLLINSVILLE
—2009
MalI
Street,
CoIIinsviIIe,
IL 62234— (618) 346-5120
MARION
—2309
W. Main
St.,
Suite
116, Marion,
IL 62959— (618) 993-7200
PRINTED
ON
RECYCLED
PAPER
V.
RAY LOGSDON
ESTATE,
LOGSDON SAND
and
GRAVEL,
and M.K.
O’HARA
CONSTRUCTION,
INC.,
Respondents.
NOTICE OF FILING
To:
Ray Logsdon Estate
do John Logsdon
617 W. Main
Street
Beardstown, Illinois 62618
M.K.
O’Hara Construction, Inc.
do Madalyn O’Hara, President
U.S. Highway 67
South
R.R.
#2, Box 104
Beardstown, Illinois 62618
Logsdon Sand and Gravel
300 W.
Main Street
P.O. Box 319
Beardstown, Illinois 62618
Craig Myers, Registered Agent
M.K. O’Hara Construction,
Inc.
900
E.
15th
Street, P.O. Box
139
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 NARRATIVE RE-
NSPECTION REPORT DOCUMENT.
Illinois Environmental
Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield,
Illinois 62794-9276
(217) 782-5544
Dated:
March 7, 2005
RespVctfully submitted,
/~~i~c~7
J~uiesM. Kropid
fpecial Assistant Attorney General
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
CL.El-~’3OFF~~~
ADMINISTRATIVE CITATION
-
9 ~
STATE
OF
ILtjk~Q!g
)
POItu~jo~
Contrc~
~
)
AC
)
(IEPA No.~3-05-AC)
)
THIS
FILING SUBMITFED ON RECYCLED
PAPER
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM
DATE:
January 7, 2005
TO:
Land Division File
FROM:
Charlie King, DLPCIFOS
—
Springfield Region
SUBJECT:
LPC
# 0178020009— Cass County
BeardstownlLogsdon Sand & Gravel
No complaint number (Referred by Alan Grimmitt,
EPA/BOA
-
FOS)
FOS File
NARRATIVE RE-INSPECTION REPORT
DOCUMENT
Thepurpose ofthis memorandum
is to
serve as the Narrative Re-Inspection
Report
Document ofan inspection conducted at the subject site on December
15,
2004 from
approximately 1:05
p.m. until 1:40 p.m., by this author.
David C. Jansen, Manager,
DLPC/FOS
—
Springfield Region, and
Kristen Laughridge, Assistant
Attorney General
(AAG), Illinois Attorney General’s Office (IAGO), accompanied me on the re-
inspection.
The re-inspection
was conducted to
follow-up the October 20, 2004 site
inspection.
The re-inspection
revealed that although the numerous truck loads of brick,
rock and dirt that were observed during the October 20, 2004 inspection had been
flattened out and/or removed, numerous wastes were still present.
It should be noted that other wastes were observed at this site by this author on August
16, 2004.
Those wastes consisted primarily of wood and asphalt wastes, and were found
to be placed there by the City ofBeardstown’s Public WorksDepartment.
The ownersof
the site were found to have allowed the City to temporarily place the wastes there.
When
confronted, the City quickly cleaned up
the site and submitted copies ofreceipts
documenting proper cleanup.
The site was then re-inspected on August 23, 2004.
Both
ofthese inspections were discussed in this author’s Narrative Inspection and Re-
inspection Report Document Memorandum to the Land Division File, dated October 13,
2004.
The Illinois EPA subsequently sent a letter to
both parties (Logsdon Sand and
Gravel, and, the City ofBeardstown) dated October
15,
2004.
That letter acknowledged
that the site was cleaned up and mentioned that both parties stated that open dumping
would not occur again.
However, before that letter was received by the respondents, also.
on
or about October
15,
2004, Mr. Troy Logsdon, one ofthe respondents, telephoned this
-
inspector and stated that he had received several loads ofdirt, asphalt and broken brick at
the site, as planned.
These were the piles addressed previously in this report that were
observed on October 20, 2004.
He stated that it was for the development ofa truck and
semi-trailer holding area.
However, when he went down to inspect it, he found out that
it
had metals and some otherwastes strung throughout.
He stated that he would have to get
the contractor who placed it there to
clean it up.
I agreed, and asked who that contractor
was.
Mr. Logsdon told me that it was Kenny O’Hara ofO’Hara Construction.
Actually,
the Corporation name filed with the Illinois Secretary of State
is M. K. O’Hara
Construction,
Inc.
My November
10, 2004 Memorandum to
the Land Division File,
should be reviewed for additionalinformation.
Logsdon Sand
and Gravel is located at 300 W. Main Street, P.O~-
Box 319, Beardstown,
IL
62618, which is operated by Troy and Todd Logsdon.
The Illinois EPA contact is
Troy Logsdon.
The business telephone number is 217/323-1565.
Troy Logsdon’s cell
phone number is
217/370-7739.
The site referenced herein is south of the business,
immediately north ofthe U. S. Route 67 Bridge, on the east bank.
It abuts the Illinois
River.
Sand and gravel are placed on, and removed from, both trucks and barges at that
location.
A copy ofa USGS
aerial photograph ofthe site is attached.
Once part ofthe Ray Logsdon Estate, and so named at one time by the Illinois. EPA, the
site is now known as Logsdon Sand and Gravel.
Ray Logsdon is deceased, and his Sons,
Troy and
Todd, operate Logsdon Sand and Gravel.
The land where the site is locàtedis
made up oftwo parcels.
One is under property tax number 03-007-001-00 (SW Corner
of the SW Quarter ofthe Northwest Section), and consists oftwo acres.
The other is
under property tax number 03-007-012-00 (Pt ofthe SW Quarter of the NW Section),
which is
1.52 acres (see attached deeds).
These are described as land lots, not cropland.
They are in Section
15, Township
18N, Range 12W.
Troy and Todd Logsdon operated
part oftheir business on these parcels.
Upon arrival at the site on December
15,
2004, the weather was partly cloudy with an
air
temperature was approximately
25°.
Surface soil conditions were mostly dry, but were
wet in places.
During the re-inspection,
14 photographs were taken with a digital camera.
They show
the conditions at the site on
the day ofthe re-inspection.
From the re-inspection, the
previous inspection report and the re-inspection photos a partiallycomputer generated
map ofthe site was developed
by this author.
It shows the approximate layout ofthe site
as well as the approximate locations and
directions ofthe re-inspection photographs.
The
digital camera provides a three-digit number for each photograph, i.e., 001, 002, etc.
This is how the photographs are referred to in this narrative and in the Digital
Photographs.
However, real numbers were used on the Site Sketch to
save space, i.e.,
1,
2, etc.
Copies ofthe Digital Photographs and the Site Sketch accompany this report.
Upon arrival, we observed that the previously observed two
large areas ofpiles of
apparent clean
fill, consisting mostly ofbrick, rock and dirt, but also metals and other
wastes, had been flattened and/or mostly removed,
as shown in photo #s 001
and 002.
A
few piles ofmostly clean fill remained, as shown in photo
# 003.
During observation-of
the northeast area ofthe site, burned general household refuse, wood, cans, a fuel
filter,
glass and bottles were observed in
an area measuring approximately 5’ x
3’ x 2’, as
shown in photo # 004.
There had been a lot of rain recently, and there was considerable
2
.
standing water at the site, as shown
in photo
# 005.
Also shown in that photo were a
small amount ofprocessed wood wastes, measuring approximately 2’ x 2’
x
1’, shown
in
photo
# 005.
Photo
#
006
shows metal in standing water and ice, estimated to measure
approximately 8’ x
3’
x 3’.
Moving to the south and southwest,
photo # 007 shows the
flattened area ofthe site.
Concrete nearbywas observed.
Some chunks had protruding
rebar, as shown in photo
# 008.
A busted toilet and a car battery were also observed in
that
approximately 3’ x
2’ x 2’ area, shown in photo # 009.
Just southeast of that area,
large tractor and car tires were observed, as was dumped corn and~
metal culvert pipes as
shown in photo
#
010.
In total, six tractor tires (including three on the north side of the
access road) and three car tires were observed.
Pieces ofshingles and processed wood
were observed in an
area approximately
15’ x 6’ x 2’, shown in photo # 011.
An old
metal hopper was also observed on its
side in standing water and ice, shown in photo #
012.
It measured approximately 12’ x
6’
x 6’.
Photo
#
013
shows fill placed on the
ground up to
water that connects with the Illinois River in the background.
The purpose
of this photo is to show
the proximity ofthe river to the site.
During periods ofhigh
water, this
area undoubtedly floods.
Back towards the east and northeast, stacks ofmetal
and wood utility poles are shown in photo # 014.
There were two stacks ofmetals
like
the one shown in the photograph, perpendicular to
each other.
Each one measured~
approximately
15’
x
8’ x 5’.
There were
10 poles measuring on average, approximately
15’
x
2’ x
2’.
During the inspection,
apparent violations of the Illinois Environmental Protection Act
(Act) and the regulations, Title 35, Illinois Administrative Code, Subtitle G (35 AC)
were observed and
are alleged.
Those apparent violations of the Act are Sections:
12(a),
12(d), 21(a), 21(d)(l),
21(d)(2), 21(e), 2l(p)(l), 21Q)(4), 21(7) and
55(a)(1).
An
apparent violation of the regulations, 35
JAC, is Section
8 12.101(a).
The Open Dump
Inspection checklist that accompanies this report provides additional details.
OTHER COMMENTS
1.
Troy Logsdon agreed to telephone this author and inform me when Kenny O’Hara
returned to clean up
the multiple rock
piles of metals, wood and other wastes.
However,
no
such telephone
call was received.
2. The total amount ofwastes that were observed at this
site during the re-inspection
comprised approximately
103 cu. yds.
That waste volume was calculated as follows:
Waste Description
Size
of Waste Area
Totals
Shingles and wood
15’ x°~’
x 2’
=
180
Metal hopper
12’ x
6’ x6’
=
432
Large metal units
15’
x 8’ x
5’
x
2 units
=
1200
.
Utility poles
15’
x
2’ x 2’ x
10 units=
600
Miscellaneous rebar
5’ x 2’ x
2
=
20
Burned refuse northeast side
5’
x
3’
x
2’
=
30
Other miscellaneous wastes
15’ x
6’
x 2’
=
180
3
Metals in water
(northeast)
Toilet and
car battery
Used tires, tractor
Used tires, small
8’x3’x3’
=
3’x2’x2’
=
3’x2’xl’x6tires
=
2’xl’xl’x3tires
=
72
12
36
+
6
2,772
*
2,772
/ 27 (conversion factor of cu.
ft. to cu. yds.)
=
102.66 or 103
cu.
yds.
This does not
include the volume of “clean construction or demolition debris” at the
site, or the volume ofwastes other than clean construction or demolition debris that
may have been buried at the site.
Clean construction or demolition debris used in
a
manner that defines it as a “waste” must also be
removed from the site.
3.
No one approached us~
at the site.
CK
cc:
BOAIFOS
-
Alan Grimmett
DLPC/FOS
—
Springfield Region
DLPC/Greg Richardson
4
PROOF
OF SERVICE
I hereby certify that I did on the 7th day ofMarch 2005, send by U.S. Mail with postage thereon
fully prepaid,
by
depositing
in
a
United States Post
Office
Box
a
true
and
correct
copy of the
following instrument(s) entitled NARRATIVE RE-INSPECTION REPORT DOCUMENT
To:
Ray Logsdon Estate
Logsdon Sand and
Gravel
do John Logsdon
.
300 W. Main Street
617 W. Main Street
P.O. Box 319
Beardstown, Illinois 62618
Beardstown, Illinois
62618
M.K. O’Hara Construction,
Inc.
Craig Myers, Registered Agent
do Madalyn O’Hara, President
M.K.
O’Hara Construction,
Inc.
U.S.
Highway 67 South
900 E.
l5tI~
Street, P.O.
Box
139
R.R. #2, Box
104
Beardstown,
Illinois
62618
Beardstown, Illinois 62618
and the original and nine (9) true and
correct copies ofthe same foregoing instruments on the same
date by U.S. Mail with postage thereon fully prepaid
To:
DorothyGunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite
11-500
Chicago, Illinois 60601
Illinois
Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Kropid
Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
