RECEWVED

CLERK’S OFFICE

APR

112005

STATE OF ILLINOIS

Pollution Control Board

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

61 794-9276.

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

O,F

LEGAL COUNSEL.

.‘

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARLR E

C E

IVE D

CLERK’S OFFICE

ADMINISTRATIVE CITATION

APR

112005

STATE OF ILLINOIS

ILLINOIS ENVIRONMENTAL

)

.

Pollution Control Board

PROTECTION AGENCY,

)

Complainant,

)

AC

v.

)

(IEPA

No.95-05-AC)

)

CHARLES BELLEMEY and WILLIE

)

DOUCHER,

)

)

Respondents.

)

NOTICE

OF FILING

To:

Mr. Charles Bellemey

Mr. Willie Doucher

13524

Third Street

1207 Ellis Street

Pekin, Illinois

61554-8679

Urbana, Illinois

61801

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,

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:

April 7, 2005

THISFILING SUBMIYI’ED ONRECYCLED PAPER

---

RECEIVED

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

CLERK’S OFFICE

ADMINISTRATIVE CITATION

‘

APR

112005

STATE OF ILUNOIS

ILLINOIS ENVIRONMENTAL

)

Pollution

Control Board

PROTECTION AGENCY,

)

Complainant,

)

AC

0~

)

V.

.

)

(IEPA

No. 95-05-AC)

CHARLES BELLEMEY and WILLIE

)

DOUCHER,

)

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

Charles

Bellemey

is the

present

owner and

Willie Doucher

is the operator

(collectively

“Respondents”)

of

a facility

located

approximately 200

feet

west of

North

Lincoln

Avenue, on WilburAvenue, Champaign County, Urbana, Illinois.

The property is commonly known

to

the Illinois Environmental Protection Agency as Urbana/Pirtle-Doucher-Bellemey.

2.

That

said

facility

is

an

open

dump

operating

without an

Illinois

Environmental

Protection Agency Operating

Permit and is designated with

Site Code

No.

0198225002.

3.

That Respondents have owned/operated said facility at all times pertinent hereto.

4.

That on

March

14,

2005,

Kenneth

Keigley of the Illinois

Environmental

Protection

Agency’s

Champaign

Regional

Office

inspected

the

above-described

facility.

A

copy

of

his

I

---

inspection

report setting

forth

the

results

of said

inspection

is

attached

hereto and

made

a part

hereof.

VIOLATIONS

Based

upon direct observations made by Kenneth Keigley during the course of his March 14,.

2005

inspection

of the

above-named

facility,

the

Illinois

Environmental

Protection

Agency

has

determined that Respondents have violated the Illinois Environmental

Protection Act (hereinafter,

the “Act”) as follows:

(1)

That

Respondents

caused

or allowed the

open

dumping

of waste

in

a

manner

resulting

in

litter,

a

violation

of Section 21(p)(I)~ofthe Act,

415

ILCS

5121(p)(I)

(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, fora total of Three Thousand

Dollars ($3,000.00).

If Respondents elect

not to petition the Illinois Pollution Control Board, the statutory civil penaltyspecified above shall be.

due

and

payable

no

later

than

May 31, 2005,

unless

otherwise provided

by order of the Illinois

Pollution

Control Board.

If Respondents elect 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

2

---

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

Respondents shall be assessed the associated hearing costs incurred

by the Illinois Environmental

Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed

in

addition

to the One Thousand Five Hundred

Dollar ($1,500.00) statutory civil

penaltyfor each

violation.

Pursuant to Section 31.1 (d)(I) of the Act, 415 ILCS 5/31.1 (d)(I) (2002), if Respondents fail

to petition orelect 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 penaltyand/or hearing costs are not paid within the timeprescribed by order of the

Illinois

Pollution

Control

Board,

interest on

said

penalty and/or hearing

costs

shall

be assessed

against the Respondents from the date payment is due up to and i~cluding.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 penalty and/or hearing costs,

plus any interest

accrued.

3

.

.

.

---

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

Respondents

have

the

right

to

contest this

Administrative

Citation

pursuant

to

and

in

accordance with Section 31.1

of the Act, 415 ILCS 5/31/1(2002).

If Respondents elect to contest

this Administrative Citation, then Respondents shall file a Petition for Review, including a Notice of

Filing, Certificate of Service, and Notice ofAppearance, with the Clerk of the Illinois Pollution Control

Board, State of Illinois Center, 100 West Randolph, Suite I 1-500, Chicago, Illinois 60601. A copy of

said Petition for Review shall be filed with the Illinois Environmental Protection Agency’s Divisionof

Legal Counsel at 1021

North Grand Avenue East, P.O. Box 19276, Springfield,

Illinois 62794-9276.

Section 31.1 of theAct provides that any Petition for Review shall be filed’wiThin Thirty-five (35) days

of the date of service of thisAdministrative Citation orthe Illinois Pollution Control Board shall enter

a default judgment against the Respondent.

Date:

~1IO’3

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.

---

•

‘

.

.

RECEtVED

REMITTANCE FORM

CLERK’S OFFICE

APR

112005

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

V.

)

(IEPA No. 95-05-AC)

CHARLES

BELLEMEY and WILLIE

)

,

DOUCHER,

)

)

)

Respondents.

.

FACILITY:

Urbana/Pirtle-Doucher-Bellemey

SITE

CODE NO.:

0198225002

COUNTY:

Champaign

CIVIL PENALTY:

$3,000.00

DATE OF INSPECTION:

March

14, 2005

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

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

v

Complainant,

CHARLES BELLEMEY and WILLIE

DOUCHER,

Respondents.

)

)

)

)

)

IEPA DOCKET NO.

)

)

)

)

)

Affiant, Kenneth Keigley, being first duly sworn, voluntarily deposes and states as follows:

1.

Affiant is

a field inspector employed by the Land Pollution Control Division ofthe

Illinois Enviromnental Protection Agency and hasbeen so employed at all times pertinent

hereto.

2.

On

March

14,

2005,

between

07:33

A.M.

and

08:11

A.M.,

Affiant

conducted

an

inspection ofthe site in Champaign County,

Illinois, known as the Pirtle

—

Doucher

—

Bellemey site, Illinois Environmental Protection Agency Site No. 0198225002.

3.

Afflant inspected said Pirtle

—

Doucher

—

Bellemeysite by an on-site inspection, which

included wailcing 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

the best of

Affiant’s knowledge and belief, is an accuraterepresentationofAffiant’s observations and

factual conclusions with respect to

the Pirtle

—

Doucher

—

Bellemey site.

Subscribed and Sworn to

before me

this

JD~

day

of\a~’r’

2005.

Notary Public

V

/

IN THE MATTER OF:

0FFIC~L

SEAL

SHLR~R~ER

NOTARY~PU8UC

.

STA’I.gOF tLUNO~S

MY COMMt~IO~4

EXP~RES~O946.O6

---

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY

Open

Dump Inspection

Checklist

Mr. Willie Doucher, owner

1207 Ellis Street

Urbana, Illinois 61801

Pb~t(~7J

~J-~ô~

Ccunty~

Champaign

LPC#:

0198225002

‘Region:

4-Champaign

Location/Site Name:

Urbana/Pirtle

-

Doucher

-

Bellemey

Date:

0~/14/2OO5

Time:

From

07:33 AM

To

08:11

AM

Previous Inspection

Date:

09/13/2002

Inspector(s):

Kenneth Keigley

Weather:

sunny_-

22_degrees

No. of Photos Taken:

#

18

Est. Amt. of Waste:

200

yds3

Samples Taken:

Yes #

Int~rviewed:

Mr. Willie Doucher, Owner

Complaint #:

Responsible Party

Mailing Address(es)

and Phone

Number(s):

No~

Mr.

Charles Bellemey

13524 3 rd

Street

Pekin,

Illinois 61554

~9Lff4

SECTION

,

.

DESCRIPTION

.‘

VIOL

~‘

IL~~JNOIS

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

III

—

4.

12(d)

.

CREATE AWATER POLLUTION

HAZARD

LI

—

5.

21(a)

CAUSE

ORALLOW OPEN DUMPING

—

6.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

OR WASTE- DISPOSAL

OPERATION:

.

(1)

Without a Permit

.

~

(2)

In Violation ofAny Regulations or Standards Adopted by the Board

7.

21(e)

DISPOSE, TREAT, STORE,

OR ABANDON ANY WASTE, OR TRANSPORT ANY

—

8.

21(p)

CAUSE

OR ALLOW

THE OPEN

DUMPING OF ANY WASTE

IN A MANNER

WHICH RESULTS

—

.

.

(1)

Litter

.

—

(2)

Scavenging

.

LI

(3)

Open Burning

•

.

LI

(4)

Deposition_of Wastein_Standing_or_Flowing_Waters

.

.

.

LII

(5)

Proliferation of Disease Vectors

‘

LI

(6)

Standing

or Flowing

Liquid Discharge from

the Dump

Site

LI

Rev~sed

06/18/2001

(Open Dump

-

1)

---

LP~#

0198225002

Inspection

Date:

03/14/2005

(7)

Deposition of General Construction

or Demolition Debris;

or Clean

Construction or

,

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 ILLIWOIS ADMINISTF

,~

FAILURE

TO SUBMIT AN APPLICATION

FOR A PERMIT TO DEVELOP

AND

10.

812.101(a)

11.

722.111

HAZARDOUS

WASTE

12.

808.121

13.

809.302(a)

ACCEPTANCE

OF

SPECIAL WASTE FROM A WASTE TRANSPORTER

WITHOUT A

WASTE

HAULING PERMIT,

UNIFORM WASTE PROGRAM

REGISTRATION AND

PERMIT AND/OR

MANIFEST

~•.

~

~

~

~

Q

.

~

~

•

APPARENT VIOLATION

OF:

(LII)

PCB;

(LI)

CIRCUIT

COURT

CASE NUMBER:

ORDER ENTERED

ON:

/~,•

~~Y’

~.

‘~:

~

15.

OTHER:

A~LN~ML&~

1~di~A~~

Informational

Notes

S 1gn~tü

re~6~’~

In~ctor(s)

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.

b...

~evised 06/18/2001

(Open Dump -2)

---

Illinois

Environmental

Protection Agency’

•

Bureau of Land•Field

Operations Section+Champaign

0198225002—Champaign County

Urbana/Pirtle

—

Doucher

-

Bellemey

.

.

FOS

.

.

414

~‘

Inspector: Kenneth Keigley

2 ~

Inspection Date: March 14, 2005

005

GIS Data: Latitude-N40.14205°,Longitude-W-088.22260° error 28.5 (Garmin GPSMap

General Comments:

On March

14, 2005

at 07:33

A.M., I, conducted an

inspection, at the Pirtle

—

Doucher

-~

Bellemey

property, located approximately 200 feetwest ofNorthLincoln Avenue, on Wilbur Avenue, Urbana,

Illinois as a follow up to an inspection conducted on September 13,2002 during which open dumped

construction/demolition debris was again observed.

This inspection was conducted

tQ

investigate

any

clean Or general

construction/demolition storage or disposal at the

site.

The purpose ofthis

inspection

was

to

determine

regulatory

status

and

evaluate

compliance

with

the

Illinois

Environmental Protection Act

(Act) and

Title 35

Illinois Administrative

Code,

Subtitle

G:

Land

Pollution (Regu1ations)~The inspection consisted ofwalking around the site, taking

pictures, and

talking to

Mr. Wllie Doucher, the property owner.

The weather was sunny, the temperature

22

degrees.

According

to

a tax

deed document

number 2000R27936

dated

November

9,

2000

the property

belongs to Mr. CharlesBellemey, 13524 Third Street, Pekin, Illinois

61554-8679.

Mr. Doucher has

said he

is buying the property on

contract and Mr. Bellemey, in

a letter received on December

12,

2001,

stated

that

Mr. Doucher’s

attorney

was preparing a

purchase of contract

to

deed

for the

property.

Findings:

When I arrived on the propertyI turned on the TVA

1000 and noted that background readings

were-.77 ppm on the PD and

1.78 ppm on the FD.

I then walked down Wilbur Avenue

approximately 200 feet to the area where activity had

occurred in the past.

As I walked Mr.

Doucher arrived at the site and I introduced myselfand explained that I was there to re-inspect

the site as a former demolition debris-dump site.

He said he was in the process ofcleaning up

from the winter.

I asked him ifhe had time to accompanyme on the inspection and he agreed to

do so.

,

.

•

I first observed an area measuring approximately 45

feet by 30 feet where metal, plastic pipe,.

•

plastic containers, scraps ofdimensional lumber, and a sink and counter top

were scattered on the

ground (see photo #1).

,

1

---

Illinois

Environmental

Protection Agency

Bureau of Land•FieId Oper~itions

Section,Champaign

0198225002

—

Champaign County

UrbanaiPirtle

—

Doucher

-

Bellemey

FOS

.

,

Inspector: Kenneth Keigley

-

Inspection Date: March

14,

2005

GIS Data: Latitude-N40.l4205°,Longitude-W-088.22260°error 28.5 (Garmin GPSMap 76S)

I told Mr. Doucher

that when the material was scattered without organization and not treated as if

it had value that it was considered open dumped and that there was plastic and other non-

recyclable material mixed in with it.

TVA

1000 readings in this area remained near or at

background.

Looking to the east I saw an area measuring approximately 30 feet by 35

feet where scraps of

dimensional lumber, used tires, metal, plastic, asphalt shingles, and bricks mixed with soil had

been dumped (see photos #2 and #3).

I told Mr. Doucher that all this material was general

construction/demolition debris

and was considered to be open dumped.

I explained that material

such as this needed

to be hauled directly to

a transfer station or landfill and properly disposed.

Mr. Doucher said it wasjust dirt but he would

clean everything up.

Checking the TVA

1000

readings across the

area, near the waste, I noted that there were no readings above background.

Walking west I saw metal pipe, anelectric motor, a doorframe, metal reinforcing mesh, and

plastic that were scattered across the ground (see photo #4).

I also saw a truck that contained refuse including upholstered furniture and plastic

bags ofrefuse

(see photo

#5).

Mr. Doucher said that the material had been there for a time.

I told him that the

truck full ofwaste could only remain loaded on site for 24 hours .then must be taken to a landfill

and properly disposed.

,

.

•

Just north ofthe truck I saw twelve‘truck tires, some partially buried, and some

overgrown with

vegetation (see photo #7).

MrDoucher said he intended to use the tires.

I told him that the used

tires must be

stored so that they don’t accumulate water.

When he said that they weren’t

accumulating water I checked one

and noted that it contained water (see photo #6).

Further west I saw a pile of soil mixed with scraps ofdimensional lumber, pieces ofasphalt

shingles,

and brick measuring approximately 4’

x

5’ x

1’ (see photo #8).

I told Mr. Doucher that

the material was general demolition debris and should have gone to a permitted landfill or

‘.

transfer station (see

photo #8).

He said it was dirt but that he would clean it up.

TVA

1000

readings taken near the pile at different spots did not indicate readings above background.

2

---

Illinois

Environmental

Protection Agency

Bureau of Land+ Field

Operations Section

+

Champaign

0198225002

—

Champaign County

UrbanatPirtle

—

Doucher

-

Bellemey

FOS

Inspector: Kenneth Keigley

Inspection Date: March

14, 2005

GIS Data: Latitude-N40.14205°,Longitude-W-088.22260° error 28.5 (Garmin GPSMap

76S)

In the same area I saw another pile ofsoil, scraps ofdimensional lumber, plastic,

and brick

measuring approximately 10’ x 4’ x .5’.

There were no elevated TVA 1000

readings around this

pile of debris.

Looking back east I saw a large pile ofsoil mixed with concrete, bricks, bits ofasphalt shingles,

and scraps ofdimensional lumber measuring approximately 25’ x

15’ x 5’ (see photo #10).

Mr.

Doucher said the material was just dirt.

I told him that I could see concrete, bricks, bits of

asphalt shingles,

and scraps ofdimensional lumber mixed in thepile (see photo #11) and as such

the material should have been disposed

at a permitted landfill or transfer station.’

TVA

1000

readings remained

around background as I checked various location’~

around the pile of material.

Further east I saw form lumber, a camper top, and some plastic pipe (see photo #12).

Walking further east I pointed out another small pile of construction/demolition debris measuring

approximately 3’ x 2’ x 4” (see photo #13) and some brick and concrete mixed with a pile ‘of dirt

(see photo #14).

I pointed out that the site did not have low areas to .place fill in and the storage

of demolition waste at the site was prohibited.

•

In the same area I pointed out a pile of gravel (see photo #16) and dirt mixed with gravel (see

photo #15).

•

,

Back near where I had entered the active portion of the site I saw three more used tires, plastic,

metal, and other refuse scattered about the area (see photo #17) and another small pile ofpieces

ofasphalt shingles

and scraps of dimensional lumber measuring approximately 3’ x 2’~

x 2” (see

photo #18).

Mr. Doucher said he had

scraped the latter pile ofrefuse from his truck to clean it

out when he needed to get a load ofgravel.

•

I told Mr. Doucher that the site had a lot ofmaterial on it that was general

•,

.

construction/demolition debris and

could not be dumpedthere.

I told him that there were

possible penalties for dumping the demolition debris on the site.

I also told him that he would be

hearing from the Agency concerning the material.

3

---

IllinOis

Environmental Protection Agency

Bureau of Land+ Field Operations Section

+

Champaign

0198225002

—

Champaign County

Urbana/Pirtle

—

Doucher

-

Bellemey

FOS

Inspector: Kenneth Keigley

-

Inspection Date: March

14, 2005’

GIS Data: Latitude-N40.14205°,Longitude-W-088.22260° error 28.5 (Garmin GPSMap 76S)

There were no elevated readings on the TVA

1000 noted during the inspection.

I left the

site at

08:11

A.M.

observed during this inspection:

Environmental Protection Act.

415

ILCS

5/1

et. seq. (formerly Ill. Rev.

Stat. Ch.

1111/2,

1001

et.

seq.) hereinafter

called the “Act”

#1

Pursuant to

Section 21(a) ofthe Act, no one shall cause or allow the open dumping of

any waste.

.

A violation OfSection 21(a) is alleged for the following reason: used tires and other

waste

had been open dumped on the site.

#2

Pursuant to Section 21(d)(1) ofthe Act, no one shall conduct any waste storage, waste

treatment, or waste disposal operation without a permit granted by the Agency.

A violation ofSection 21(d)(l) is alleged for the following reason: a waste

disposal

operation

was

being

conducted at this site,without a permit granted by the Agency.

#3

Pursuant to

Section 2l(d)(2) ofthe Act, no one

shall conduct any waste storage, waste

treatment, or waste disposal operation in violation ofany Regulations or Standards

adopted by the Board.

A violation of Section 21(d)(2) is alleged for the followingreason: wastes were

being

disposed

of at

this site

in

apparent violation of regulations adopted

by

the Board.

#4

Pursuant to

Section 2 1(e) ofthe Act, 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.

4

---

Illinois

Environmental

Protection Agency

Bureau of Land+ Field Operations Section+Champaign

0198225002

—

Champaign County

UrbanalPirtle

—

Doucher

-

Bellemey

FOS

Inspector: Kenneth Keigley

Inspection Date: March

14, 2005

GIS

Data: Latitude-N40.14205°,Longitude-W-088.22260° error 28.5

(Garmin GPSMap 76S)

A violation ofSection 21(e) is alleged for the following reason:

waste was

disposed of at this

site, which does not meet the requirements

of the Act and of

regulations and standards thereunder.

#5

Pursuant to Section 21(.p)(1) ofthe A~t,

no one shall cause or allow the open dumping of

any waste in

a manner, which results in litter.

A violation ofSection 21@)(1)

is alleged for the following reason:

used tires

and

other waste were open dumped at this

site

resulting

in

litter.

#6

Pursuant to Section 21(p)(7) ofthe Act, no one

shall cause or allow the open dumping of

any waste in a manner, which results

in deposition of clean or general demolition waste at

the site.

A violation ofSection 2l(p)(7)

is alleged for thefollowing reason:

used

tires and other

waste were open

dumped at this site resulting in deposition

of clean

or general

demolition waste at the site.

#7

Pursuant to Section 55(a)(1) of the Act, no person shall cause or allow the open

dumping ofany used or waste tire.

A violation ofSection.

55(a)(1)

is alleged for the following reason:

used tires were

open dumped at this site.

35

illinois Administrative Code. (Title

35:

Environmental Protection,

Subtitle G:

Land Pollution,

Chapter I: Pollution Control Board)

Regulations

.

#8

Pursuant to

Section 8 12.101(a) ofthe Regulation,

all persons shall submit an

application to the Agency for a permit to develop and operate a landfill.

Aviolation ofSection 812.101(a) is

alleged forthe following reason:

the owner

or

operator of this

site failed to submit an application to the Agency for

a permit to

develop or operate a landfill.

5

---

Illinois Environmental Protection Agency

Bureau of Land

+

Field Operations Section

+

Champaign Region

0198225002

—

Champaign County

Urbana/Pirtle

—

Doucher

-

Bellemey

FOS

Inspector: Kenneth Keigley

Date: March

14, 2005

13

14

16

~

‘4.—

5

23

Wilbur Avenue

1

I

N

Not to

Scale

Site Sketch

---

•

Bureau of Land

DIGITAL

PHOTOGRAPHS

LPC # 0198225002

—

Champaign County

Urbana/Pirtle

—

Doucher

-

PHOTO by:

PHOTO FILE

NAME:

0198225002—

03142005-001.jpg

COMMENTS:

DATE:

03-14-2005

TIME:

07:43 AM

DIRECTION: Northeast

PHOTO by:. Kenneth

Keigley

PHOTO

FILE

01 98225002—03142005-002.jpg

COMMENTS:

---

•

Bureau of Land

‘DIGITAL PHOTOGRAPHS

LPC # 0198225002

—

Champaign County

UrbanalPirtle

—

Doucher

-

PHOTO

by:

PHOTO FILE

NAME:

0198225002

—

03142005-003.jpg

COMMENTS:

DATE: 03-14-2005

TIME: 07:46 AM

DIRECTION: Northeast

PHOTO

by: Kenneth

Keigley

PHOTO

01 98225002—03142005-004.jpg

COMMENTS:

---

•

Illinois

Bureau of Land

DIGITAL

PHO TOGRAPHS

LPC #

0198225002

—

Champaign

County

Urbafla/Pirtle

—

Doucher

-

FOS File

PHOTO by:

Kenneth

PHOTO FILE

NAME:

0198225002

—

PHOTO by: Kenneth

PHOTO

FILE

COMMENTS:

---

•

Illinois Environmental

Bureau of Land

DIGITAL

PHOTOGRAPHS

LPC # 0198225002

—

Champaign County

Urbana/Pirtle

—

Doucher

-

PHOTO by: Kenneth

PHOTO

FILE NAME:

0198225002

—

PHOTO by:

Kenneth

PHOTO FILE

COMMENTS:

---

•

Illinois

Environmental

Bureau of Land

DIGITAL

PHOTOGRAPHS

LPC # 0198225002

—

Champaign County

Urbana/Pirtle

—

Doucher

-

PHOTO by:

PHOTO FILE

NAME:

0198225002

—

03142005-009.jpg

COMMENTS:

DATE: 03-14-2005

TIME: 07:50 AM

DIRECTION:

East

PHOTO by:

Kenneth Keigley

PHOTO FILE

0198225002—03142005-010jpg

COMMENTS:

---

•

Bureau of Land

DIGITAL PHO TOGRAPHS

LPC # 0198225002

—

Champaign County

Urbana/Pirtle

—

Doucher

-

PHOTO

by:

PHOTO

FILE NAME:

0198225002

—

DIRECTION:

PHOTO

by:

Kenneth Keig~ey

COMMENTS:

---

•

Illinois

Bureau of Land

DIGITAL

PHOTOGRAPHS

LPC # 0198225002

—

Champaign County

Urbana/Pirtle

—

Doucher

-

TIME: 07:51

PHOTO by:

Kenneth

PHOTO

FILE NAME:

0198225002

—

DIRECTION:

PHOTO by:

Kenneth

COMMENTS:

---

•

Bureau of Land

DIGITAL

PHOTOGRAPHS

LPC # 0198225002

—

Champaign County

UrbanalPirtle

—

Doucher

-

DIRECTION: South

PHOTO by:

Keigley

PHOTO FILE

NAME:

0198225002

—

DATE:

DIRECTION:

PHOTO

by:

PHOTO

COMMENTS:

---

•

Illinois Environmental

Bureau of Land

DIGITAL

PHOTOGRAPHS

LPC # 0198225002

—

Champaign County

Urbana/Pirtle

—

Doucher

-

DIRECTION:

PHOTO by:

Kenneth

PHOTO FILE

NAME:

0198225002

—

TIME:

PHOTO by:

Kenneth

PHOTO FILE

COMMENTS:

---

PROOF OF SERVICE

I

hereby certify that I did on the 7th day ofApril 2005, send by Certified Mail, Return Receipt

Requested, with postage thereon fullyprepaid, by depositing in a United StatesPost Office Box a

true

and

correct

copy

of ~the

following

instrument(s)

entitled

ADMINISTRATIVE

CITATION,

AFFIDAVIT,

and

OPEN DUMP INSPECTION CHECKLIST

To:

Mr. Charles Bellemey

Mr.

Willie Doucher

13524 Third Street

1207 Ellis Street

Pekin, Illinois

61554-8679

Urbana, Illinois

61801

and the original and nine

(9)

true and correct copies ofthe same foregoing instruments on the same

date by Certified Mail, Return ReceiptRequested, with postage thereon fullyprepaid

To:

Dorothy

Gunn, Clerk

Pollution

Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois

60601

\JA

~J~U~lL~

MichelleM. 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 FILiNG SUBMITTED ON RECYCLED PAPER