RECE~VED

CLERK’S OFFICE

JOHN

R.

MALLOCH

MAY

16201)5

STATE OF ILLINOIS

PETITION FOR REVIEW FOR REASON

Pollution Control

Board

IN THE

MATTER

OF:

)

JOHN

R. MALLOCH,

)

Respondent,

)

~

C,0”

IEPA DOCKET

NO.

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

In response to the affidavit submitted on March 18, 2005 by Mike Mullins, John

R.

Malloch states as follows:

1.

John R.

Malloch

is the owner of the site in Champaign County,

Illinois,

known as the John

R.

Malloch site, Illinois Environmental

Protection

Agency Site

No. 0198050002.

2.

He did the work years ago when it was legal to burn and bury on the site.

The objects burned and buried were all agriculture related buildings; a

barn, a hay shed,

and other out buildings.

3.

He did not say that he was burning a sofa.

He said that sometimes people

dump stuff there that

is already burned.

4.

The smoke observed on the visit came from brush

he was burning.

“John R.

Malloch

---

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

E

‘~7AY162005

ADMINISTRATVE

CITATION

Si

Po~j~~

O~1LL1f\Jo,5

ro!Bo~rd

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

V

‘-)

)

v.

)

(IEPA No.78-05-AC)

)

JOHN R. MALLOCH,

)

)

Respondent.

)

NOTICE OF FILING

To:

John

R.

Malloch

2572 County Road

600E

Dewey, Illinois

61840

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,

~l~~yan~

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

5,

2005

THIS

FILING

SUBMITrED

ON RECYCLED PAPER

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

~

V.

)

(IEPA No. 78-05-AC)

JOHN

R.

MALLOCH,

)

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 John

R. Malloch

(“Respondent”) is the present owner and

operator of a facility

located at 2572 County Road 600E,

Dewey, Champaign County, Illinois.

The property

is commonly

known to the Illinois Environmental Protection Agency as

Dewey/Malloch, John

R.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and

is designated with

Site Code No. 01980500002.

3.

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

4.

That on

March 2, 2005,

Mike Mullins of the Illinois Environmental Protection Agency’s

Champaign Regional Office inspected the above-described facility.

A copy of his inspection

report

setting forth the results of said inspection

is attached

hereto and

made a part hereof.

---

VIOLATIONS

Based

upon

direct observations

made

by

Mike

Mullins

during

the course

of

his March

2,

2005

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

21(p)(1)

of

the Act,

415

ILCS

5/21(p)(1)

(2002).

(2)

That

Respondent

caused

or

allowed

the

open

dumping

of

waste

in

a

manner

resulting

in

open

burning,

a

violation

of

Section

21(p)(3)

of

the

Act,

415

?LCS

5121(p)(3)

(2002).

(3)

That

Respondents

caused

or allowed

the

open

dumping

of

waste

in

a

manner

resulting

in

deposition

of

general

construction

or

demolition

debris

or

clean

construction or demolition debris, a violation of Section 21(p)(7) of the Act, 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),

Respondent

is

subject

to

a

civil

penalty of

One Thousand

Five

Hundred

Dollars

($1,500.00)

for

each

of

the

violations

identified

above,

for

a

total of

Four Thousand

Five

Hundred

Dollars

($4,500.00).

If

Respondent elects

not

to

petition

the

Illinois

Pollution

Control

Board,

the

statutory

civil penalty

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

unless otherwise provided by

order of the Illinois

Pollution

Control

Board.

2

---

If Respondent elects 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 lierefti, after an adjudicatory hearing,

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

Protection Agency and the Illinois Pollution Control Board.

Those hearing

costs shall

be assessed

in

addition

to

the One Thousand

Five

Hundred Dollar

($1,500.00)

statutory civil penalty for

each

violation.

Pursuant to

Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1)

(2002),

if Respondent fails

to petition or elects 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,

Respondent’s

check

shall

be

made

payable

to

the

Illinois

Environmental

Protection

Trust

Fund

and

mailed

to

the

attention

of

Fiscal

Services,

Illinois

Environmental

Protection Agency,

1021

North

Grand

Avenue East,

P.O.

Box 19276, Springfield,

Illinois

62794-9276.

Along

with

payment,

Respondent

shall complete and

return

the

enclosed

Remittance Form

to ensure proper documentation of

payment.

If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the

Illinois

Pollution

Control

Board,

interest

on

said

penalty and/or

hearing

costs

shall

be

assessed

against the Respondent from the date

payment is due up to and including the date that payment is

received.

The

Office

of the

Illinois

Attorney

General.. may

be

requested

to

initiate proceedings

against Respondent in Circuit Court to collect said penalty and/or hearing

costs,

plus any interest

accrued.

3

---

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

Respondent

has

the

right

to

contest

this

Administrative

Citation

pursuant

to

and

in

accordance with

Section

31.1

of the Act, 415 ILCS 5/31/1

(2002).

If Respondent elects to

contest

this Administrative Citation,

then

Respondent shall file

a

signed

Petition

for

Review, including

a

Notice

of

Filing,

Certificate

of Service,

and

Notice

of Appearance,

with

the Clerk of

the

Illinois

Pollution Control

Board, State of Illinois Center,

100 West Randolph, Suite 11-500, Chicago, Illinois

60601.

A copy of said

Petition for Review shall

be filed

with

the

Illinois

Environmental Protection

Agency’s Division of Legal Counsel at 1021

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

Illinois 62794-9276.

Section 31.1

of the Act provides that any Petition for Review shall be filed within

thirty-five

(35)

days

of the

date

of

service

of this Administrative Citation

or the

Illinois

Pollution

Control Board

shall enter a default judgment against the Respondent.

~

C~Q~,~so

Date:

~T!51Df~

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

---

RECE~VED

CLERK’S OFFICE

REMITTANCE

FORM

MAY

16

2005

STATE OF

ILLINOIS

ILLINOIS ENVIRONMENTAL

)

Pollution

Control Board

PROTECTION AGENCY,

Complainant,

)

AC

V3

V.

)

(IEPA No. 78-05-AC)

JOHN

R.

MALLOCH,

)

Respondent.

)

FACILITY:

Dewey/Malloch,

John

R.

SITE CODE

NO.:

0198050002

COUNTY:

Champaign

CIVIL PENALTY:

$4,500.00

DATE OF INSPECTION:

March

2,

2005

DATE REMITTED:

55/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

________

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, 312-814-6026

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

NOTICE

OF

CORRECTIVE

ACTION REQUIRED

FOR OPEN DUMPS

ILLINOIS ENVIRONMENTAL

I

0198050002—CHAMPAIGN COUNTY

PROTECTION AGENCY,

I

DEWEY/MALLOCH, JOHN R

Complainant

COMPLIANCE

FILE

vs.

I

JOHN R. MALLOCH,

~.

I

Respondent

I

WARNING:

CORRECTIVE ACTION

REQUIRED

To contest the Administrative Citation you have received you must

follow the

instructions provided in the Administrative Citation. You may be served with

additional Administrative Citations if you fail to

complete the following

corrective actions, and are found to be in violation of Section 21(p) ofthe

Illinois

Environmental Protection Act.

Additional inspection(s) will be

conducted to verify cleanup and compliance.

YOU MUST COMPLETE THE

FOLLOWING CORRECTIVE ACTIONS:

#1

Immediately cease all open dumping and

open burning. Do not dispose ofany ofthe waste

by open burning.

#2

By June

15,

2005

remove all waste to

a permitted landfill ortransfer station.

Scrap metal

not disposed at a landfill can be taken to a scrap metal facility or recycling center.

#3

By June 30, 2005

submit to the Illinois EPA copies of receipts that document the proper

disposal or recycling of the wastes.

Any written response submitted in reply to the corrective action requirements of this notice must

be sent to:

Illinois Environmental Protection Agency

Bureau ofLand

Attn: Mike Mullins

2125

S. First Street

Champaign, IL 61820

ROCKEORD —4302 North Main Street,

Rockford,

IL 61103 —(815)

987-7760

•

Dss

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

SE., 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 S. Sixth Street

Rd.,

Springfield,

IL 62706 —(217)

786-6892

•

COLLINSVILLE

—2009 MaIl

Street, ColIinsviIIe, IL 62234 —(618) 346-5120

MARION

—2309 W. Main

St.,

Suite

116, Marion, IL 62959 —(618) 993-7200

PRINTED ON

RECYCLED

PAPER

---

11~

PROOF OF SERVICE

I hereby certify that I did on the 5th day of

April

2005, send by Certified Mail, ReturnReceipt

Requested, with postage thereon fullyprepaid, by depositing in a United States Post OfficeBox a true

and

correct

copy

of

the

following

instrument(s)

entitled

ADMINISTRATIVE

CITATION,

AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST

To:

John R.

Malloch

2572 County Road 600E

Dewey, Illinois

61840

and the original

and nine (9) true and correct copies of the same foregoing instruments on the same

date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid

To:

Dorothy Gunn, Clerk

Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

\kUJ~Lk

~

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

---

RECE~VED

CLERK’S OFFICE

MAY

16

2005

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

STATE OF ILLINOIS

Pollution Control Board

AFFIDAVIT

IN THE MATTER OF:

)

ILLINOIS ENVIRONMENTAL

)

/(~

3

PROTECTION AGENCY,

)

eP

Complainant,

)

)

IEPA DOCKET NO.

)

JOHN MALLOCH,

)

Respondent,

)

Affiant, Mike Mullins, being first duly sworn,

voluntarily deposes and states as follows:

1.

Affiant

is

a

field

inspector employed

by

the

Land Pollution

Control Division of the

Illinois Environmental Protection Agency and has been so employed

at all times pertinent

hereto.

2.

On March 2, 2005, between 2:35 P.M. and 3:30 P.M., Affiant conducted an inspection of

the

site

in

Douglas

County,

Illinois,

known

as

the

John

R.

Malloch

site,

Illinois

Environmental Protection Agency Site No. 0198050002.

3.

Affiant inspected

said John

R.

Malloch site by an

on-site

inspection, which

included

walking the

site.

4.

As

a result of the activities

referred

to

in

Paragraph

3

above, Affiant

completed the

Inspection Report form attached hereto and made a part hereof, which, to the best ofAffiant’s

knowledge and

belief,

is

an

accurate representation of Affiant’s

observations and

factual

conclusions with respect to the John R. Malloch site.

rnJL~

Subscribed and

Sworn to before me

Mike Mullins

this

~

dayof/~l~c~

______

1TP~E~LINOI’

Notary Public

~

---

Illinois

Environmental

Protection Agency

Bureau of Land• Field Operations Section.Champaign

0198050002--Champaign County

Dewey/Malloch, John R.

Complaint#:C05-115-CH.

Ct~~

Inspection Date: March 2, 2005

L..A

Inspector: Mike

Mullins

.‘

‘AR

FOSFi1e

2005

•

.

General Comments:

GIS

Data: Latitude-N

40.24554

~,

Longitude-W O88.34393~

(Garmin GPSMAP S76) EPE

+1-

22.0’

Ownership:

Ownership of the property is determined by interview with Mr. Malloch and

deed.

On January

12, 2005, the Governor’s Office ofCitizen’s Assistance received a citizen’s

complaint of open dumping, drums floating in

creek, and

leaking fluids from vehicles

and

machinery.

The EPA Champaign Regional Office received the complaint on February

17,.

2005. The site is located near the intersection of600E and 2550N, Section 30,

Condit

Township,

Champaign County.

The purpose of this inspection was

to determine regulatory status and evaluate compliance

with the Environmental Protection Act (Act)

and Title 35 Illinois Administrative Code,

Subtitle G: Land Pollution

(Regulations).

March

2,

2005 Observations:

I arrived at the property about 2:35 pm, the weather was clear, 45

degrees, northwest breeze

at

5

mph, and conditions were wet

and muddy. I entered the site from 25 SON road and observed

smoke to the north of2550 road and on

the site.

Upon arrival to the area, I could hear a tractor operating on the site. As I exited the vehicle

and walked north toward the smoke, Mr. Malloch met me on the site while driving a tractor.

I

introduced myself and the purpose ofmy visit was to

investigate a citizen’s complaint.

I conducted an informal interview ofMr. Malloch. Mr. Malloch stated that he owned the

property and has operated a “recycling” business on this site for many years.

Mr. Malloch

stated that he has permits from the county (Champaign) zoning

to operate as a recycler. He

stated that he recycles metals from cars,

in which he

shipped a load that day to Peoria. Mr.

Malloch also stated that he recycles “Bumper Wraps”, the composite material covering

vehicle bumpers

and recycles mobile homes.

---

Mr. Malloch stated that he recovers the copper and aluminum from old mobile homes. I

observed several mobile home frames on the site. I inquired about the fire that was producing

the smoke and Mr. Malloch stated that people dump furniture on the site when he is not there.

Mr. Malloch thought it was a sofa burning.

I asked Mr. Malloch if he was any relation to a Mr. Dick Malloch that had a site near Fisher

Illinois in the 1980’s and also

had some violations.

He stated that he was. I asked if that was

family and he

stated “yes”. He then stated that his

middle name is Richard and the name Dick

has been used in the past. This confinned that I was dealing with the same person that owned

the Fisher site.

I explained

to Mr. Malloch that I needed to look around and check out the fire. He stated

“OK” and

followed me on his tractor as I walked to the area ofthe fire. Observed was smoke

coming from a pile ofmetal that once was possibly a sofa (photo

1) or piece of furniture. I did

not

observe any flames but the material in the pile was still hot.

I explained to Mr. Malloch that the only thing he is allowed to burn is

landscape waste and

brush. I also

cautioned Mr. Malloch about any burning on this

site as it would give the

appearance ofthe burning ofwaste and

citizens will not know the difference between

landscape

waste and junk and still file a complaint of open burning.

Adjacent to the small burn pile was observed an area approximately 250

feet in diameter that

contained mixed debris (photo 2). The debris consisted ofbrick, metal, partially burned

woods, plastics,

and what appeared to

be fiber insulation

or clothing. This

appeared to be the

area where mobile homes

are salvaged as mobile home

frames were observed to the west of

this location.

I asked Mr. Malloch how he handles tires from the automobiles he sends to

recycling. Mr.

Malloch stated that he removes the tires before sending the vehicles to Peoria. I asked what

happens to the tires, Mr. Malloch stated that he takes the tires to

Mr.

E.’ in Thomasboro,

Illinois. Mr. Malloch asked me if it was ok to take the tires to

Mr. E.

I stated as long as Mr.

B.

is registered with the IEPA that it would be OK but that I was unable to directly answer that

because I was unfamiliar with the situation at Mr. E.’s in Thomasboro.

I did explain that

unless Mr. Malloch is a registered tire hauler with the State ofIllinois

that

a generator could

not haul more than 20

tires at a time.

Tires were observed on the site (photo 3). It is unknown how many tires are

on this site. I was

able to walk a very small area of the site. Approximately

1110th1

of the site was observed

during this inspection. An additional 9/lOths of the site was located to

the north ofthe small

area I observed on the south side ofthe property.

I asked Mr. Malloch how he handled the fluids that were in the vehicles that he recycled. He

stated that the gasoline is what he was concerned

about and that he removed the gasoline

tanks and poured the gasoline into

drums. I asked Mr. Malloch what happened to the drums

and he stated that a man picks up the drums

and mixes the gasoline with used oil and burns

the mixture in a space heater.

I asked Mr~Malloch about how many gallons or drums of

2

---

drums and observed very few automobiles on site as the automobile activity appeared

to take

place north ofthe area I walked.

I explained to Mr. Malloch that I would be unable to walk the entire site on this visit as it

appeared

larger than I anticipated. Mr. Malloch stated that I could come back and walk more

ofthe site but I should call to make sure that he is there and not someplace else when I chose

to

return to

the site. Mr. Malloch then gave me his business card.

I did observe that there is

a

creek to the north of the area that I walked and the creek separated

the north area and the south areas ofthis

site.

As I was leaving the site, I observed an area where burning has occurred in the past. The area

was adjacent to 2550 North Road at the entrance ofthe site (photo

4).

I left the site at about 3:30 p.m.

Apparent violations observed during this inspection:

Environmental Protection Act. 415 ILCS

5/1

et.

Seq.

(formerlyIll.

Rev.

Stat. Ch.

1111/2,

1001

et. Seq.) hereinafter

call the “Act”

#1.

Pursuant to

Section 9(a) of the Act.

Cause, threaten, or allow air pollution in Illinois.

A violation ofSection 9(a) is alleged for the following reason: Evidence

of open

burning, which would cause or tend to air pollution in Illinois was observed

during this inspection.

#2

Pursuant to Section 9(c) ofthe Act.

No one shall cause or allow open burning.

A violation ofSection 9(c) is

alleged for the following reason:

Evidence

of open

burning of waste was observed at the site during this inspection.

#3

Pursuant to

Section

2 1(a) ofthe Act, no person shall cause or allow the open dumping

ofany waste.

A violation ofSection

2 1(a) is

alleged for the following reason: evidence•of

open

dumping of waste including furniture, insulation, scrap wood (dimensional

lumber), paper and

plastics were observed during the inspection.

#4

Pursuant to Section 21(d)(1) of the Act, no person shall conduct any waste-storage,

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

A violation of Section 21(d)(l) is alleged for the following reason: waste disposal

and/or

storage operation was conducted without a permit granted by the Agency.

3

---

#5

Pursuant to Section 2l(d)(2) ofthe Act, no

person shall conduct any waste-storage,

Waste-treatment, or waste-disposal operation in violation ofregulations adopted by the

Illinois Pollution Control Board.

A violation ofSection 21(d)(2) is

alleged for the following reason: a waste disposal

and/or storage operation was conducted in violation of regulations adopted by

the Illinois Pollution Control Board.

#6

Pursuant

to Section 21(e) ofthe Act.

No person shall dispose, treat,

~tore, 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 the Act

and

ofRegulations and

Standards thereunder.

A violation of Section

2 1(e)

is

alleged for the

following reason:

Wastes were

being

stored

and/or disposed of at this facility which

does not meet the requirements of

the Act and regulations & standards,thereunder.

#7

Pursuant to

Section 21(j)(1) ofthe Act, no one

shall cause or allow the open dumping

ofany waste in a manner which results in litter.

A violation ofSection 21(p)(l) is

alleged for the following reason: evidence

of open

dumping resulting in litter was observed during the inspection.

#8

Pursuant

to

Section

21(~p)(3)of the

Act.

No

person

shall

cause

or allow

the

open

dumping ofany waste in a manner which results in open burning at the dump

site.

A violation of Section

21 (p)(3)

is

alleged for the following reason:

Evidence of open

dumping ofwastes

resulting in

open burning was observed during the inspection

of this

site.

#9

Pursuant

to

Section

21(p)(7) of the

Act.

No

person

shall

cause

or

allow the

open

dumping

of

any

waste

in

a

manner

which

results

in

the

deposition

of

general

construction or demolition debris; or clean construction or demolition debris.

A violation of Section 21(j,)(7) is

alleged for the following reason:

Evidence of open

dumping

and/or

storage

of

wastes

resulting

in

the

deposition

of

general

demolition debris was

observed during the inspection

of this site.

#10

Pursuant to Section

55(a)(1)

ofthe Act.

No person shall cause or allow the open

dumping ofany used or waste tire.

A violation of Section

55(a)(1)

is

alleged for the following reason: Evidence

of open

dumping ofused or waste tires was observed during the inspection.

4

---

35

Illinois Administrative

Code. (Title

35:

Environmental Protection,

Subtitle G:

Land

Pollution, Chapter I: Pollution

Control Board)

Regulations

#11

Pursuant to

Section 812.101(a) ofthe Regulations, all persons, except

those

specifically exempted by Section

2 1(d) ofthe Act, shall submit to the Agency

an

application for a permit to

develop and

operate a landfill.

A violation ofSection

8 12.101(a) is alleged for the following reason:

this waste

storage site has not submitted

an application to the Agency for a permit to

develop and operate a landfill.

5

---

Agency

LPC

John

Insp.

Date

3

/2

I

2005

Site

Photos

Photo

1

@2:58

pm

Photo

2

@

2:58

3

@3:10

4

@3:17

pm

Map

to

direction

of

Photos

Site

Map

w

S

Acres

of

debris

---

---

•

Illinois Environmental Protection Agency

Bureau

of Land

DIG/TAL

PHO TOGRAPHS

LPC #0198050002

—

Dewey/Malloch, John

FOS File

DATE:

-

March

PHOTO by:

PHOTO

FILE

PHOTO FILE

COMMENTS:

---

•

Bureau of Land

DIG/TAL PHOTOGRAPHS

LPC #0198050002

—

Dewey/Malloch, John

FOS File

DATE:

-

March

PHOTO FILE

0198050002—03022005-003.jpg

TIME: 3:17

PHOTO by:

PHOTO FILE

COMMENTS:

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

Open

Dump Inspection Checklist

County:

Champaign

LPC#:

•

0198050002

Region:

4

-

Champaign

Location/Site Name:

Dewey/Malloch, John

R.

Date:

03/02/2005

Time:

From

2:35 P.M.

To

3:30 P.M.

Previous Inspection

Date:

Inspector(s):

Mike Mullins

Weather:

Clear,

45 degrees,

Muddy

No. of Photos Taken:

#

4

Est.

Amt. of Waste:

UKN

yds3

Samples Taken:

Yes #

No

~

Interviewed:

John

R.

Malloch, Owner

Complaint#:

C05-115-CH

John

R.

Malloch

Responsible Party

2572

County Rd.

600E.

Mailing Address(es)

~‘—‘L.~

VED

and Phone

Dewey,

IL 61840

tIAR

Number(s):

217/897-1573

1

5

2005

____________________

LEp~

.~

Bg4~

SECTION

•

DESCRIPTION

•

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

4.

12(d)

5.

21(a)

CAUSE OR ALLOW OPEN DUMPING

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

OR WASTE- DISPOSAL

6.

21(d)

OPERATION:

(1)

Without a Permit

(2)

In Violation

of Any Regulations or Standards Adopted by the Board

7.

21(e)

DISPOSE, TREAT, SJORE, 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

(3)

Open Burning

(4)

Deposition of Waste

in Standing or Flowing Waters

(5)

Proliferation of Disease Vectors

fl

(6)

Standing or Flowing

Liquid Discharge

from the Dump Site

fl

Revised 06/18/2001

(Open Dump

-

1)

---

LPC#

0198080002

Inspection

Date:

03/02/2005

(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

J.. ~

(2)

Cause

or Allow

Open

Burning

of Any Used or Waste

Tire

j

E

10.

r

~

—

~,

~

~

812.101(a)

?

~

J~

~.

~

4

~

~

~35;ILUNOIS~ADMINISiRAThiEGo.DE~RErQUJREMEftJs

~

~

‘~

~

~

~

~

~4~SVBTITLE

G

~

~

OPERATEALANDFILL

—

~

~

~

11.

722.111

HAZARDOUS WASTE

DETERMINATION

fl

12.

808.121

SPECIAL WASTE

DETERMINATION

ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A

WASTE HAULING

PERMIT,

UNIFORM WASTE

PROGRAM REGISTRATION

AND

13.1809.302(a),PERMFrAND/OR MANIFEST

.....~

--

-

-—

-

OTHER

REQUIREMENTS

--

-

-

14.

APPARENT VIOLATION OF:

(LI)

PCB;

(LI)

CASE NUMBER:

ORDER ENTERED

15.

OTHER:

7Wa

~

jnforp,~~fit~n~I

Notes

SignatuFe

of Inspector(s)

1.

Illinois

Environmental Protection Act: 415 ILCS

5/4.

2.

Illinois Pollution

Control Board: 35

III. Adm.

Code,

SubtitleG.

3.

Statutory

and regulatory references herein are provided

forconvenience 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 inspectidn was conducted in accordance with Sections 4(c) and 4(d) of the Illinois

Environmental Protection Act:

415

ILCS

5/4(c) and

(d).

6.

Items marked with

an “NE” were not evaluated at the time of this

inspection.

Revised 06/18/2001

(Open Dump

-

2)