JLLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

RECEIVED

CLERK’S OFFICE

1021

NORTH GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 217-782-3397

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601,

3l2-al4~6O2?ApR

21

2005

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

STATE OF ILLINOIS

Pollution Control~oard

‘V.’

(217)782-9817

TDD:

(217) 782-9143

C)1

April

18, 2005

The Honorable Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois

60601

Re:

Illinois Environmental Protection Agency v. Donald B. and MaryA. Jennings

IEPAFile No. 123-05-AC; 0090105031—Brown County

Dear Clerk Gunn:

Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine

true and correct copies ofthe Administrative Citation Package, consisting ofthe Administrative

Citation, the inspector’s Affidavit, and the

inspector’s Illinois Environmental Protection Agency

Open Dump Inspection Checklist, issued to

the above-referenced respondent(s).

On this date, a copyofthe Administrative Citation Package was sent to the Respondent(s) via

Certified Mail.

As soon as I receive the return receipt, I will promptly file a copy with you, so

that the Illinois Pollution Control Board may calculate the thirty-five

(35)

day appeal period for

purposes ofentering a default judgment in the

event the Respondent(s) fails or elects not to file a

petition for review contesting the Administrative

Citation.

Ifyou have any questions or concerns, please do not hesitate to contact me at the number above.

Thank you for your cooperation.

Sincerely,

\~JL~kJ1G1~

Michelle M. Ryan

Assistant Counsel

Enclosures

ROCKFORD

—4302 North Main Street, Rockford,

IL 61103

—

(815) 987-776D

•

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

•

CHAMPAIGN

—2125

South First Street, Champaign, IL

61820— (217) 278-5800

SPRINGFIELD

—4500 5. Sixth Street Rd., Springfield,

IL 62706— (217) 786-6892

•

COLLINSVILLE

—2009 Mall

Street,

Collinsville,

IL 62234— (618) 346-5120

MARION

—

2309

W. Main

St.,

Suite

116,

Marion,

IL 62959 —(618) 993-7200

PRINTED ON

RECYCLED

PAPER

---

RECEIVED

BEFORE

THE ILLiNOIS POLLUTION CONTROL BOARD

CLERK’S

OFI~CE

ADMINISTRATIVE

CITATION

APR 212005

STATE OF ILLINOIS

ILLINOIS ENVIRONMENTAL

)

Pollution Control Board

PROTECTION AGENCY,

)

Complainant,

)

AC

(1

‘~

)

v.

)

(IEPA No. 123-05-AC)

)

DONALD B. and MARY A. JENNINGS,

)

)

Respondents.

)

NOTICE OF FILING

To:

Donald E. and Mary A. Jennings

R.R.4,

P.O. Box

31

Mt.

Sterling, IL

62353

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 18, 2005

TillS FILING

SUBMITTED ON RECYCLED PAPER

---

RECEIVED

BEFORE

THE

ILLINOIS

POLLUTION CONTROL BOARD

CLERK’S

OFFICE

ADMINISTRATIVE CITATION

APR

212005

STATE OF

ILLINOIS

Pollution Control

Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC

)

V.

)

(IEPA No.

123-05-AC)

)

DONALD E. and

MARY A. JENNINGS,

)

)

)

)

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 Donald

and

MaryJennings are the present owners and operators of a facility

located at the last property with structures on the easiside-of-the road, prior to agricultural fields and

a 90 degree curve on South Buckhorn Street, which

runs north/south on the west side of the City of

Mt.

Sterling, Brown

County, Illinois.

The property is commonly known to the Illinois Environmental

Protection Agency as

Mt. Sterling/Jennings, Donald and

Mary.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating Permit and

is designated with Site Code No.0090105031.

3.

That Respondents have owned and operated said facility-at-alltimespertinenthereta

4.

That

on

March

10,

2005,

Charles

King

of

the

Illinois

Environmental

Protection

Agency’s

Springfield

Regional

Office

inspected

the

above-described

facility.

A

copy

of

the

1

---

inspection

report setting

forth

the results

of said

inspection

is attached

hereto

and

made a part

hereof.

VIOLATIONS

Based

upon direct observations made by Charles King

during the course of his March

10,

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)(1)

of the Act,

415

ILCS

5/21(p)(l)

(2002).

CIVIL PENALTY

Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS5/42(b)(4-5) (2002),

Respondents are

subject

to

a

civil

penalty of

One Thousand

Five

Hundred

Dollars

($1,500.00)

for

each

of

the

violations

identified

above,

for a total of

One Thousand

Five

Hundred

Dollars

($1,500.00).

If

Respondents elect

not

to

petition

the

Illinois

Pollution

Control

Board,

the

statutory civil penalty

specified above shall be due and payable no later than May 15,2005,

unless otherwise provided by

order of the Illinois Pollution

Control Board.

IfRespondents elect to contest this 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 adjudicatoryhearing,

Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental

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

in

addition

to

the One Thousand

Five

Hundred

Dollar ($1,500.00) statutory civil penalty for each

2

---

violation.

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

to

petition orelect notto

petition the Illinois PollutionControl Board for reviewof 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,

lO2lNorth 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 thetime prescribed byorder 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 dueuptoandincludingthedate-thatpaymentis

received.

The

Office

of the

Illinois

Attorney

General

may be

requested

to

initiate

proceedings

against Respondents in Circuit Court to collect said penaltyand/or hearing costs, plus any interest

accrued.

3

---

PROCEDURE FOR

CONTESTING THIS

ADMINISTRATIVE CITATION

Respondents

have

the

right

to

contest this

Administrative

Citation

pursuant

to

and

in

accordance with

Section

31.1

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

If Respondents elect to contest

this Administrative Citation, then

Respondents shallfileaPetition for Review, including a Notice of

Filing, Certificate of Service, and Notice of Appearance, with the Clerkof the Illinois Pollution Control

Board, State of Illinois Center,

100 West Randolph, Suite 11-500, Chicago,

Illinois 60601. A copy of

said Petition for Review shall be filed with the Illinois Environmental

Protection Agency’s Division of

Legal Counsel at 1021

North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276.

Section 31.1 of theAct provides thatan~

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.

?~?~~

Date:

4LI~O3

Renee Clprlano,

Director

4*~.

~

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

---

RECEIVED

CLERK’S OFPICE

REMITTANCE

FORM

APR

212005

ILLINOIS

ENVIRONMENTAL

)

~

PROTECTION

AGENCY,

)

Complainant,

)

AC

V.

)

(IEPA

No. 123-05-AC)

DONALD

E.

and MARY A. JENNINGS,

)

Respondents.

)

FACILITY:

Mt.

Sterling/Jennings, Donald

& Mary

SITE CODE NO.:

0090105031

COUNTY:

Brown

CIVIL PENALTY:

$1,500.00

DATE OF INSPECTION:

March

10, 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

iN

THE MATTER OF:

)

)

Illinois Environmental

)

Protection Agency

)

)

vs.

)

‘

IEPA DOCKETNO.

)

Donald E. Jennings,

and

)

Mary A. Jennings

)

Respondents

)

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 ofLand Pollution Control/Field

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

employed at all times pertinent hereto.

2.

On March

10, 2005 between 9:10 AM and

9:35

AM, Affiant conducted an inspection

ofa disposal site operated without an Illinois Environmental Protection Agency permit,

located in Brown County, IllinoiS, .and known as Mt.

Sterling/Jennings, Donald & Mary

by the Illinois Environmental Protection Agency.

Said

site has been assigned site code

number LPC# 0090105031

by the Illinois Environmental Protection Agency.

3.

Affiant inspected said Mt.

Sterling/Jennings, Donald & Mary 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 apart hereof, which, to the best of

Affiant’s knowledge and belief, is an

accurate representation ofAffiant’s observations and

factual conclusions with respect to said Mt. Sterling/Jennings, Donald & Mary open

dump.

-

Charles W. King, Jr.

Subscribed and Sworn. To

before me

—

This/K day of ~~..&t~L-1

~

Notary Public

OFF~C~AL

SEM.

C*~A~L~HF

~.

P0W~LL

NOTA1~YPUBLIC

~JTAT~:

O~

~LL~C~S

~ta~ch

15,

2008

---

ILLINOIS

Open

Dump

Inspection

Checklist

County:

Brown

LPC#:

-

0090105031

Location/Site Name:

Mt. Sterling/Jennings, Donald and

Mary

Date:

03/10/2005

Time:

From

0910

Inspector(s):

Charlie

King

No. of Photos

Taken:

#

14

Interviewed:

None

Donald and

Mary

Jennings

RR

4, Box 31

Mt.

Sterling,

IL

62353

217/773-2776

Responsible

Party

Mailing Address(es)

and

Phone

Number(s):

No~

-

RE~

ElVE~

MAN3

1

2005

-~

SECTION

VIOL

1.

9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION

IN

ILLINOIS

.

2.

9(c)

CAUSE OR ALLOW OPEN

3.

12(a)

CAUSE, THREATEN OR ALLOW WATER

POLLUTION

IN

ILLINOIS

4.

CREATE AWATER

5.

21(à)

6.

21(d)

CON DUCT 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)

-

WASTE INTO THE STATE AT/TO SITES NOTMEETING REQUIREMENTS OF ACT

AND

REGULATIONS-

Z

8.

21(p)

CAUSE

OR ALLOW THE

OPEN DUMPING

IN ANY OF THE FOLLOWING OCCURRENCES

AT THE DUMP SITE:

-

(1)

Litter

-

-

-

(2)

Scavenging

(3)

Open Burning

(4)

Deposition of Waste

in Standing or FlowingWaters

(5)

Proliferation of Disease Vectors

(6)

-

Standing or Flowing Liquid Discharge from

the Dump Site

DESCRIPTION

Region:

Springfield

0935

Previous Inspection Date:

11/18/2004

Weather:

Sleet, 3ldeg.

F., Winds NW

©

10

mph

Est. Amt. of Waste:

122

yds3

Samples Taken:

Yes

#

Complaint #:

None

-

U

Revised 06/18/2001

(Open Dump

-

1)

---

LPC#

0090105031

Inspection

Date:

9.

10.

11.

12.

(7)

55(a)

(1)

808.121

Deposition

Demolition

of General Construction or Demolition Debris;

or Clean Construction or

Debris

NO PERSO

Cause or All

N

SHALL:

ow Open

Dumping of Any Used or Waste Tire

I

C-’--’

-‘-

“-‘S’

~

‘~

~--‘--‘

“

Any Used or Waste Tire

FAILURE TO SUBMIT

AN APPLICATION FOR A PERMIT TO DEVELOP AND

HAZARDOUS WASTE

SPECIAL WASTE DETERMINATION

ACCEPTANCE

OF SPECIAL WASTE FROM

A WASTE TRANSPORTER WITHOUT A

WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM

REGISTRATION AND

809.302(a)1PERMIT AND/OR MANIFEST

____

OTHER REQUIREMENTS

APPARENT VIOLATION OF:

(LII)

PCB;

(LI)

CIRCUIT

14.

CASENUMBER:

15.

OTHER:

Signature of

InspeOtoF~

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

conck~sionsof 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

LOS

514(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:

March

18,2005

-

TO:

-

Land Division File

FROM:

Charlie King, DLPC/FOS

—

Springfield Region

-

SUBJECT:

LPC #

0090105031

—

Brown County

Mt. Sterling/Jennings, Donald and Mary

NARRATIVE RE-INSPECTION REPORT DOCUMENT

The purpose of this memorandum is to serve as the Narrative Re-Inspection~Report

Documentof a re-inspection conducted at the subject site on March

10, 2005 from

approximately 9:10 a.m. until

9:35

a.m. by this author.

No one

accompanied me on the

re-inspection.

The re-inspection was conducted to follow-up

on the original site

-

-

-

-

inspections performed-on July 7~2004 and November 18, 2004, by this alithQr~cI

was-~

accom~aniedon the initial

site inspection 1~y

Paul Eisenbrandt, DLPC/FOS -~-cSptin~field

Region. The total waste volume was estimated at 276

cubic yards at that tirn~.The

original site inspection- resultedin the issuance of an Open Dump Administt’ative Citation

Warning Notice (ACWN), dated September

8, 2004.

The clean-up deadline in the

ACWN was November 1, 2004.

The respondents submitted receipts documenting clean-

up activities to date, received on November 4,

2004. No one

accompanied me

on the

November 18, 2Q04 re-inspection. Approximately

50

of the wastes were found to have

beenremoved.

The estimated waste volume was estimated at -138 cu.

yds.

Thatre-

inspection resulted in the issuance of a clean-up time extension until January

15,

2005.

-

The March

10, 2005 re-inspection showedlittle progress.

The waste vOlume was

estimated at 122 cubic yards. Additional receipts documenting only scrap metal clean-up

activities were received the following day, on March

11,

2005.

However, the dates on

those receipts ranged from November 17,

2004 until March 7,

2005, prior to the most

recent re-inspection. No copies of landfill receipts have been provided.

No additional

clean-up time extensions forthis site were requested or granted.

-

-

The site is located at the last property with structures on the east side of the road, prior to

agricultural fields and a 90 degree curve on South Buckhorn Street, which runs

north/south on the west side of the Cityof Mt. Sterling.

Legally and specifically, the site

is located on property described as follows:

A part ofthe East Halfofthe Northwest

Quarter of Section

17

described by metes and bounds as follows, to-wit:

Beginning at a

point on the South Side ofwhat was formerly the Toledo, Wabash and Western Railroad

(now the Wabash Railroad)

75’

from the center ofthe Main Track at the intersection of

West Cross

Street in the Town, now City, of Mt. Sterling, in Brown County, illinois.

---

Thence South 20°48’ West, 7.99 chains to

the South Line of said Northwest Quarter of

said Section

17, thence West along said South Line 9.88 chains to the cornerbetween the

said East Half and West Half ofsaid Section ofland, thenceNorth along said line

between the East Half and the West Half of said Quarter Section

15.82 chains to the

South Line of said Railroad right-of-way, thence East along said

South line of said

Railroad right-of-way 16.71 chains to the place of beginning; except for two exceptions

as stated on said Warranty Deed No. 89-554 on Book 272, Page 272 of Deeds, obtained

in the Brown County Recorder’s Office, Brown County Courthouse, Mt. Sterling, IL,

following the inspection on the day of the inspection, by this author.

The owners of the

property listed on the Deed are Donald E. and Mary Ann Jennings, husband and wife.

The Deed is dated April 9,

1987.

It was filed July

12,

1989.

The address of the Jennings’

is RR 4, Box 31, Mt. Sterling, IL

62353.

Their telephone number is:

217/773-2776.

Upon arrival at the site on the day ofthe March

10, 2005 re-inspection, the weather was

sleeting and overcast, with an air temperature of approximately 31°F.

Winds

were

northwesterly at approximately 10 mph.

Surface soil conditions were wet and muddy in

most places.

-

-

-

-

V

-

-

~

Upon

arrival at the site on the day of the re-inspection, it- was- immediately obvious that~

-

- ,.,

the site was not cl~áned

up. Since the vegetation was down, -the wastes appeared more

-

-

-

~

visible than during previous ~nspec~ip~is,.

It is~

pos~ib1e

that due t9 dense.vegetation

.

--

V

-

-

VV~

~

.-~during

previous, site insp~ctVio

tha~,-so~p

fthe

-wasVtes~

not s~e~

-V

~

V

~V

-

.-.

~

~‘

--

-

-~

V

Six vehicle were on-site.

Three-of-them,--including~anold garbage truck, appeared to bç

-

V.

~VV~

~

inoperable.

Most of the --remaining wastes consisted o~

vel~ici~

parts~metals,wood,

~

-

plastic and cans.

-

V

During the most recent re-inspection,

14 photographs were taken with a digital camera.

The photographs show the condition ofthe site on the day of the re-inspection.

From the

re-inspection and observations of the inspection photographs and previous site sketches

• an updated, partially computer generated sketch of the site was developed by this author.

It shows the basic layout ofthe site, as well as the approximate locations

and directions

of the inspection photos.

The digital cameraprovides

a three-digit number to each digital

photograph, i.e., 001, 002, etc.

This is how the photographs are referred to on the Digital

Photographs and in this narrative.

However, to save space

on the Site Sketch, real

numbers were used, i.e.,

1, 2, etc.

Copies of the Digital Photographs and the Site Sketch

accompany this report.

I initially photographed the wastes lining the north side of the driveway.

This area

measured approximately 30’ x

10’ x 2’ and is shown in photo #001. Proceeded towards

the access road to the east/southeast, photo # 002 shows metals, bags ofcans and plastics

between the front of the garage door, extending across the access road and lining the area

south ofthe access road.

This waste measured approximately 20’ x 8’ x 2’.

Metals,

plastics, glass, a few used tires and wood wastes line the areas south of the access road,

shown in photo # 003.

-

This area ofwastes extended approximately 60’ x 8’ x 3.

An

-

apparently inoperable Chevrolet Suburban and

an old pick-up truck were observed in that

2

---

area.

On the north side of the access road, partial engine blocks, a burn barrel, metals,

wood and plastics were observed.

They are shown in photo # 004.

It was unknown

whether an

old red farm truck in the distance was operable ornot.

That truck is shown

closer up in photo #010.

More of the wastes on the south side of the access road are

shown in photo # 005.

Additional wastes on the north side of the access road are shown

in photo # 006.

An apparently operable refuse hauling truck is shown in photo # 007.

The name on the side ofthe truck reads, “Mark Jennings, Mt. Sterling, IL,’

and,

“Registered Tire Transporter 18522 Expires Oct.

31,

1996.”

Those engine blocks shown

in photo # 004 are shown again in photo # 008, along with additional metals.

Photo #

009 shows an empty barrel, metals and plastics on the ground to the north of the access

road.

Photo # 010 shows an old inoperable pickup truck at right, and other metals.

As

addressed in the description ofphoto # 004, it is unknown if the red farm truck is

operable or not.

The silver pick-up truck appeared to be operable.

It is

shOwn again in

photo # 011,

along with PVC pipe, metals, plastic and woodwastes.

The brown pick-up

truck shown in photo # 012

is apparently operable.

An ATV and an old Dodge Charger

on a flatbed are also shown.

Wastes along the

south side ofthe access road are shown

again from another angle in photo #013, and on the north side ofthe road in photo #014.

The inoperable refuse hauling truck is also

shown in photo #014.

-

During the inspection,

apparent violations

of

the Thincis Environmental Protection Act

(Act) and of the regu1atioi~s,Title

35,,

jljinojs,Administrative

Code, SubtitJe G

(35

JAC),

--

•

-

-

w~re

still Qbs~ry~d,tloqgi~,t~~-~Waste

yo&t4rn.~s,as p~oted,

W$~

slightly decreased~

~

~--

~

~

-~

~

‘~-~

.~-~

Those apparent vio1ations~theAct include Sections

21(a),

21(d)(1), 21(d~)(2),21(e),

2l(p)(l) and

55(a)

An apparent violation Qf the regulations, 35 IAC, is Sectioii’

812

10 1(a)

The Open Dump Inspection~Checklistthat

i~

included with this i~eport

provides additional information.

-

OTHER

COMMENTS

-

1.

The volume of wastes at the site during the re-inspection, was approximately

122

cubic yards.

This was evaluated as follows:

.

-

-

Waste Description

-

Wastes north of driveway

-

Wastes in front and southwest of garage

Wastes along south side of access road

Apparently inoperable Chevy Suburban

Inoperable refuse hauling.truck

Inoperable old pick-up truck

Size of Waste Area

Totals in cu. ft.

30’ xlO’ x2’

20’x8’ x2’

60’ x 8’ x 3’

6’.xl0’x5’

6’

x

12’ x 6’

6’ x 7’ x

5’

_____

*

3,302 cu. ft..÷

27 (conversion factor of cu. ft.

to cu. yds.)

=

122.29 or 122

cu.

yds.

CK

-

cc:

DLPC/FOS

—

Springfield Region

-

=

600

320

=

1,440

=

300

=

432

=

+

210

3,302

3

---

SITE SKETCH

Site name:

LPC#:

Inspector:

Mt.

Sterling/Jennings, Donald and Mary

County:

0090105031

Date:

Charlie King

Brown

March

10, 2005

9:10 a.m. to 9:35 a.m.

A

I

2

camera was usedfor the Inspection photos.

Distances are approximate

—

Not drawn to scale

Back

garage

N

LEGEND

2—*

- -

Denotes location and direction ofphoto.

Apparent junk vehicle

Apparent open dumped wastes

---

-

•

lliinois

Environmental Protection Agency

LPC # 0090105031

—

Brown County

Bureau of Land

-

Mt. Sterling!Jennings,

-Donald &

Mary

Division of Land Pollution Control

-

FOS File

DIGITAL PHOTOGRAPHS

-

-

- -

-

Date:

March

Time:

Direction:

E

Photo by:

Charlie King

Exposure #:

001

Cornments:

Loose

wastes on the

ground

in

an

area

measuring

approximately 30’ x

10’

x 2’.

Date:

March

10, 2005

Time:

9:15

a.m.

-

Direction:

E/SE

Photo by:

Charlie King

Exposure #: 002

Comments: Bags of

cans, metals and

-

plastics can

of the garage.

This

waste area measured

approximately 20’

x 8’ x

File Names: 0090105031 —03102005-Exp.

#~.jpg

Pagelof7

-

---

Illinois

Environmental Protection Agency

LPC # 0090105031

—

Brown County

-

Bureau of Land

-

Mt. SterlinglJennings,

Donald & Mary

-

Division of Land

Pollution Control

-

FOS File

DIGITAL PHOTOGRAPHS

-

-

-

-

Date:

March

10,

2005

Time:

Direction:

SE

Photo by:

Charlie King

Exposure #: 003

Comments:

Wastes on

the south side of the

south access road

measured

-

plastics,

glass,

used tires and

wastes.

inoperable Chevrolet

Suburban can also

be

seen

in

this area.

-

bate:

-

Time:

9:15a.m.

Direction: E

-

Photo by:

Exposure #:

engine blocks,

dumpsters,

a burn

barrel

and waste

metals, wood and

plastics can be seen

along the

north side

of

the site access road.

The

two

pick-up trucks

in the

distant left and

center apparently are

operable.

The junk

truck to the right is

not.

It is

unknown if the

farm truck in the

distance is operable or

not.

File

Names: 0090105031—031 02005-EExp.

#J.jpg

-

Page 2 of 7

---

•

liiinois Environmental Protection Agency

LPC # 0090105031

—

Brown County

Bureau

of Land

-

Mt. SterlinglJennings,

Donald & Mary

Division of Land Pollution Control

-

DIGITAL PHOTOGRAPHS

Date:

March

10,

2005

Time:

9:15a.m.

Direction:

SE-

Photo by:

Charlie King

Exposure #:

005

Comments:

More of

the wastes on the

south side of the site

access road are

shown.

Date:

March 10,- 2005-.

Time:

9:16 a.m..

Direction:

NE

Photo

by:

Charlie King

Exposure #:

Comments:

More of the

southwest of the

garage door are

File Names: 0090105031—031 02005-Exp.

#flpg

Page 3 of7

---

-

-.

Idinois Environmental

Protection Agency

LPC # 0090105031

—

Brown County

Bureau of Land

-

Mt. Sterling/Jennings,

Donald & Mary

Division of Land

Pollution Control

-

-

-

-

-

FOS File

DIGITAL PHOTOGRAPHS

-

-

Date:

March 10, 2005

Time:

9:16 a.m.

Direction:

N

Photo by:

Charlie King

Exposure #: 007

-

Comments:

refuse hauling truck

has the name,

“Mark

Jennings, Mt. Sterling,

IL,” and, “Registered

Tire Transporterl 8522

Expires Oct.

31, 1996.”

Date:

March 10, 2005

Time:-

9:17a.m.-

-

Direction:

Photo by: Charlie King

Exposure #:

008

Comments:

Engine

blocks shown

in

photo

#

004

are shown again

here.

Other metals can

also

be seen, some

tarped,

File Names: 00901 05031—03102005-(Exp.

#.jpg

Page4of7

-

---

-

•

Division of Land Pollution Control

LPC

# 0090105031

-

—

Brown County

Mt.

Date:

March

10, 2005

Time:

9:17a.m.

Direction:

-

E/NE

Photo by:

Charlie King

Comments:

Apileof

assorted metals and

Date:

March 10, 2005

Time:

Direction: E

Photoby: Charlie King

Exposure#:

01.0

Comments: More

metals, glass and

plastics

on both sides

of the south

access

DIGITAL PHOTOGRAPHS

File Names:

00901 05031—03102005-~Exp.

#J.jpg

Page 5

of?

---

Illinois Environmental Protection Agency

Bureau of Land

LPC # 0090105031

—

Brown County

Mt. Sterling/Jennings, Donald &

Mary

-

Date:

March

10,

2005

Time:

Direction: SE

Photo by:

Charlie King

Comments:

Metals,

PVC pipe and wood

wastes are shown.

-

bate:

March

10,

2005

Time:

Direction: NW

Photo by: Charlie King

Exposure#:

012

Comments: An old

Dodge Charger is

shown on a trailer.

Also shown are an

apparently operable

pick-up truck and an

ATV

(All-Terrain

Vehicle).

-

File

Names: 00901 05031-031 02005-(Exp. #~.jpg

Page 6

of

7

---

-.

Illinois

Environmental Protection Agency

LPC # 0090105031

—

Brown County

Bureau of Land

Mt. Sterling/Jennings, Donald &

Mary

Division of Land Pollution Control

-

FOS

File

DIGITAL

PHOTOGRAPHS

-

-

Date:

March

Time:

Photo by:

Comments:

the access road, some

on

trailers,

some on

dumpsters

and some

on the

ground, are

Date:

March 10,2005

Time:

Direction: W/NW

Photo

by: Charlie King

Exposure

#:.

Comments: Wastes

along the north

side of

the

access road shown

File Names: 0090105031—031 02005-(Exp. #~.jpg

Pagelof7

-

---

PROOF OF SERVICE

Ihereby certif~i

that I did on the 18th day ofApril 2005, sendby CertifiedMail, Return Receipt

Requested,with postage thereonfully prepaid, by depositing in a UnitedStates Post OfficeBox a true

and

correct

copy

of

the

following

instrument(s)

entitled

ADIVIINISTRATIVE

CITATION,

AFFIDAVIT,

and OPEN DUMP INSPECTION CHECKLIST

To:

Donald B. and Mary A.

Jennings

R.R.4,

P.O. Box

31

Mt.

Sterling, IL

62353

-

-

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 Gunn, 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 FILING SUBMITTED ON RECYCLED PAPER