RECE~VED

CLERK’S

OFFJCE

BEFORE THE

ILLiNOIS

POLLUTION CONTROL BOARD

AUG

1

2002

STATE

OF

ILLINOIS

ILLINOIS ENVIRONMENTAL

)

Pollution

Control Board

PROTECTION AGENCY,

)

Complainant,

)

AC

)

v.

)

(IEPA No. 312-02-AC)

)

LOXLEY, NC,

)

)

Respondent.

NOTICE OF FILING

To:

Craig

Myers

900 East

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 ofthe State of illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,

AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.

Respectfully submitted,

\JUt~

Michel e 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

Dated:

July 29, 2002

THIS HUNG SUBMITTED

ON RECYCLED PAPER

---

RECEIVED

CLERK’S

OFFICE

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

AUG

1

200~

ADMINISTRATIVE CITATION

STATE OF

ILLINOIS

Pollution

Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

C---

Complainant,

)

AC

)

v.

)

(IEPA No. 312-02-AC)

)

LOXLEY,

INC,

)

)

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(2000).

FACTS

1.

That Loxley,

Inc.

is the present owner and operator of a facility located on the east

side of the southern end of Oak Grove Court, Beardstown, Cass

County,

Illinois.

The property

is

commonly known to the Illinois

Environmental Protection Agency as Beardstown/Loxley,

Inc.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating Permit and

is designated with

Site Code No. 0170155050.

3.

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

4.

That on May29, 2002, Charlie King of the Illinois Environmental

Protection Agency’s

Springfield Regional Office inspected the above-described facility.

A copy of his inspection report

setting forth the results of said inspection

is attached hereto and

made a part hereof.

---

VIOLATIONS

Based upon direct observations made byCharlie King during the course of his May29,2002

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)

(2000).

(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

ILCS

5/21 (p)(3) (2000).

(3)

That

Respondent

caused

or allowed

the

open dumping

of

waste

in

a

manner

resulting

in

the deposition

of waste

in

standing

or flowing

waters,

a

violation

of

Section

21 (p)(4)

of the Act, 415 ILCS

5/21 (p)(4)

(2000).

(4)

That

Respondent

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 the Act, 415 ILCS

5/21 (p)(7) (2000).

CIVIL PENALTY

Pursuant to

Section

42(b)(4-5) of the Act,

415

ILCS

5/42(b)(4-5)

(2000),

Respondent is

subject

to

a

civil

penalty

of

One Thousand

Five

Hundred

Dollars

($1,500.00)

for

each

of the

2

---

violations identified above, foratotal of Six Thousand

Dollars ($6,000.00). IfRespondentelects not

to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be due

and

payable

no

later

than

August 31,

2001,

unless otherwise

provided

by order of the

Illinois

Pollution

Control Board.

IfRespondent elects to

contestthis Administrative Citation by petitioningthe lllinoisPollution

Control Board in accordance with Section 31.1

of the Act,415 ILCS 5/31.1(2000), and if the Illinois

Pol!ution Control

Board issues a finding of violation as alleged herein, 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) (2000), if Respondent fails

to petition or elect not to petition the Illinois

Pollution Control 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,

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.

Ifany civil penalty and/or hearing

costs are not paid within the timeprescribed byorderofthe

Illinois

Pollution

Control

Board,

interest on

said

penalty and/or

hearing

costs shall

be

assessed

againstthe Respondents 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

3

---

against Respondent in Circuit Court to collect said

penalty and/or hearing costs,

plus any interest

accrued.

4

---

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

(2000).

If Respondent elects to contest

this Administrative Citation, then

Respondent shall file

a 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 thisAdministrative Citation orthe Illinois Pollution Control Board shall enter

a

default judgment against the Respondent.

~

CLj~1i~~

Date:

72~

~

Renee Cipriano,

Director

~

Illinois Environmental Protectioi~

Agency

Prepared by:

Michelle M.

Ryan, Assistant Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

1021

North

Grand Avenue East

P.O.

Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

5

---

REMITTANCE FORM

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

)

v.

)

(IEPA No. 312-02-AC)

)

LOXLEY,

INC,

)

)

Respondent.

)

FACILITY:

Beardstown/Loxley,

Inc.

SITE CODE

NO.:

0170155050

COUNTY:

Cass

CIVIL PENALTY:

$6,000.00

DATE OF INSPECTION:

May 29, 2002

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.

6

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

AFFIDAVIT

IN THE MATTER OF:

Loxley,

Inc.

IEPA DOCKET NO.

~~2-O2~AC

Respondent.

Affiant,

Charles W.

King,

Jr.,

being first duly sworn, voluntarily deposes

and states

as

follow:

1.

Affiant

is a field inspector employed by the Land Pollution Control Division

of

the Environmental Protection Agency and has been so employed at

all times

pertinent hereto.

2.

On May 29,

2002,

between 11:00 AN and 11:25 AN, Affiant conducted an

inspection of

a disposal site operated without an Agency permit,

located in Cass

County,

Illinois and known as Eeardstown/Loxley,

Inc. by the Illinois

Environmental

Protection Agency.

Said site has been assigned site code number

LPC# 0170155050 by the Agency.

3.

Affiant inspected said Beardstown/Loxley,

Inc.

open dump site by an on-site

inspection which included walking and photographing 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 of Affiant’s knowledge and belief,

is an accurate

representation of Affiant’s observations and factual conclusions with respect to

said Beardstown/Loxley,

Inc. open dump.

(1~eJ~ii~A

Subscribed and Sworn To before me

This /4thLday of

~

~4

a.-

OFFICIAL

SEAL

CHARLENE

K..

POWELL

NO1Ai~VPUBLIC

STATE

OF lLLI~OIS

My

Comm. Ex~fr~

March

15,

2004

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Open Dump Inspection Checklist

County:

Cass

-

-

Location/Site Name:

Date:

05/29/2002

Time:

From

1100

Inspector(s):

Charlie

King

No. of PhotosTaken:

#

6

Interviewed:

No

one

Responsible

Party

Mailing

Add ress(es)

and Phone

Number(s):

LPC#:

0170155050

Beardstown/Loxley,

Inc.

Region:

5

-

Springfield

To

1125

Previous Inspection Date:

Weather:

Overcast,

70 deg.

F.,

Winds W@5mph

Est.

Amt. of Waste:

2,387

yds3

Samples Taken:

Yes #

Complaint #:

C-02-052-C

__NoLI

SECTION

DESCRIPTION

VIOL

ILLINOIS 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

4.

12(d)

CREATE A WATER POLLUTION

HAZARD

5.

21(a)

CAUSE OR ALLOW OPEN DUMPING

6.

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

21(d)

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 NOT MEETING REQUIREMENTS

OF ACT

8.

CAUSE OR ALLOW THE

OPEN DUMPING OF ANY WASTE IN

21(p)

IN

ANY OF THE F(’~I

I flWIM(~ tW’IIPP~Pd(~~

THE DUMP SITE:

(1)

Litter

(2)

Scavenging

(3)

Open Burning

(4)

Deposition_of Waste

in_Standing_or_Flowing_Waters

(5)

Proliferation of Disease Vectors

(6)

Standing or Flowing_Liquid_Discharge from

the Dump Site

Loxley,

Inc.

1220 State

Stree

Beardstown,

IL

62618

Attention:

Fred Loxley, President

Registered Agent for

Loxley,

Inc.:

Craig Myers

900

East

15th

~

JUN

2

12002

P.

0.

Box 139

Beardstown,

IL

~

Revised 06/18/2001

(Open Dump

-

1)

---

(7)

Deposition of General

Construction or Demolition Debris; or

Clean Construction or

Demolition

Debris

9.

55(a)

NO PERSON SHALL:

(1)

Cause or Allow Open Dumping

of Any Used or Waste Tire

L

(2)

Cause or Allow

Open Burning of~Wsedor Waste Tire

-

-~

L

35 ILLINOIS ADMINISTRATIVE

CODE REQUIREMENTS

10.

812.101(a)

FAILURE TO SUBMIT AN

APPLICATION FOR A PERMIT TO DEVELOP AND

OPERATE A LANDFILL

.

11.

722.111

HAZARDOUS WASTE DETERMINATION

D

12.

808.121

SPECIAL WASTE DETERMINATION

L

13.

809.302(a)

ACCEPTANCE OF SPECIAL WASTE FROM

AWASTE TRANSPORTER WITHOUT A

WASTE

HAULING PERMIT, UNIFORM

WASTE PROGRAM REGISTRATION

AND

PERMIT AND/OR MANIFEST

LI

.

~

14.

APPARENT VIOLATION OF:

(Lii)

PCB;

(LII)

CASE NUMBER:

15.

OTHER:

Signature of

lnspector(d)

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 lllinoisj

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.

LPC#

0170155050

Inspection

Date:

05/29/2002

Informational Notes

Revised 06/18/2001

(Open Dump

-

2)

---

MEMORANDUM

DATE:

June 6, 2002

JUN

2

12002

TO:

Land Division File

FROM:

Charlie King, DLPC/FOS

—

Springfield Region

SUBJECT:

LPC

#

0170155050— Cass

County

BeardstownlLoxley,

Inc.

C-02-052-C

FOS File

NARRATIVE

INSPECTION REPORT DOCUMENT

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

Document ofan inspection conducted at this site on May 29, 2002 from approximately

11:00 a.m. until

11:25

a.m., by this author.

The inspection was conducted in response to

a complaint received at the DLPC/FOS

—

Springfield Region.

The complainant

alleged

that the respondent owns a company that tore down several buildings in Beardstown and

has been bringing at least some ofthe demolition waste to the site.

The complainant

allegedly observed the waste being sorted with woodbeing burned.

The complainant

believed .that Mr. Loxley had been sending waste to

a landfill in Macomb, but then

started taking thewaste to the site.

As will be shown in this report, apparent violations of

the Illinois Environmental Protection Act (Act) and the regulations, Title

35,

Illinois

Administrative Code, Subtitle G

(35

IAC) were found to exist.

Demolition debris was

found dumped at the site, some ofit in a pond, some of it burned

and some ofit

apparently buried.

Therefore, four Act 21(p) violations are being alleged and an

Administrative Citation is being recommended.

The site is located at the southern end of Oak Grove Court, on the east side ofthe

southern extent ofthe court.

Oak Grove Court is located a few blocks to the east ofa

large City Cemetery on the

south side

0f4th

Street, also known as Chandlerville Road. If

Oak Grove Court were taken to its

southern extent at that location, one would see

a large

radio andlor cable television tower that stands approximately 200’, straight ahead.

Cass

Cable Television trucks were observed at that site on the day ofthe inspection.

Just to

the east ofthe tower, is a pond of flooded lowland that stretches approximately

125’ long

and

50’

wide at its northern extent.

An apparent open dump/open burn areaborders and

encroaches

into the pond on at the northern extend ofsaid pond.

Legally and specifically, the site is located as part ofthe following:

Tract I:

All ofBlock

Five

(5),

et.al., in the Lee Woolf’s Subdivision ofpart ofthe West Half ofthe NB

Quarter,

Section

14, Township

18N ofthe Base Line, Range 12W ofthe Third Principal

---

Meridian, Cass County, Illinois,

as recorded in PlatBook One (1) at Page

54

in the

Recorder’s Office of Cass County, Illinois; also described as all that part ofthe foregoing

described Lots Five (5), et.

al., used for levee protection purposes and commonly known

as the levee

and described more particularly as Tract 73 ofthe Plat ofsuch levee,

recorded in Book 2 ofPlats at Page 18,

in the Office ofthe Recorder ofDeeds, Cass

County, IL.

.

.

.

all as explained as a partial description ofthe properties noted in the

attached Warranty Deed #

0124894, Book

175

(ofDeeds), Page 36-38, recorded

December 23,

1998.

The owner ofsaid deed is listed as Loxley, Inc., ofBeardstown.

The tax bill is

sent to:

Loxley, Inc~,1220 State Street, Beardstown, IL

62618.

This.

information was obtained at the Cass County Courthouse, Tax Assessors

Office and the

Recorder ofDeeds Office, in Virginia, IL.

The owner ofthe business is Fred Loxley,

also ofthe

1220 State Street, Beardstown, address.

His telephone numbers are:

217/323-

3270 (work) and 217/323-4373 (home). This information was obtained via the

complainant.

Upon arrival at the site on the day of the inspection, the weather was mostly overcast

with an air temperature ofapproximately 70 deg. F.

Winds were westerly at

approximately 5 mph.

Surface soil

conditions were damp.

Upon arrival at the site on the day of the inspection, a large oval shaped area ofrecently

placed or disturbed sand was observed in an area measuring approximately 600’ (north to

south)

x

100’.

The sand was riddled with wood pieces, some burned, rock and red brick

pieces.

At the southern end ofthis disturbed soil area was an

apparent open dumping and

open burning area.

Wastes there were measured to cover approximately 45’ x

33’ x an

average ofapproximately 3’ deep, where the depth ranged from less than a foot deep at

the north and up to

10’ deep at the south, bordering the pond.

Wastes observed consisted

ofburned shingles,

glass, empty paint cans, metal bed

springs, rock drywall,

a sink,

conduits, plastic, paper, brick, landscape debris, metals, two starting fluid cans and a two

automobile oil filters.

The pile had been partially burned and it was smoking during the

inspection.

During the inspection, eight photographs were taken with a digital camera.

They show

the site conditions on the day ofthe inspection.

From the inspection and inspection

photos,

a site sketch was developed.

It shows the approximate layout of the site as well

as the locations and directions ofthe inspection photos.

The digital camera numbers the

photos with three digit numbers, i.e., 001, 002, 003, etc.

This is how the photos are

referred to on the Digital Photograph Photocopies and in this narrative.

On the site

sketch, however, the photos are identifiedwith real numbers, i.e.,

1, 2, 3, etc.

Copies of

the Digital Photograph Photocopies and the Site Sketch are included with this report.

From the inspection photos, photo #s 001

and 002

show burned demolition debris,

including

shingles,

glass, wood, metals, metal bed springs, rock drywall, bricks and rock.

Photo

#s 003 and

004 show wastes, some burned, in a pond orponded water.

Photo

#

005

shows a sand and dirt covered lot with bricks, wood, burned wood and rocks sticking

out throughout that area.

A stop sign that has been altered to include the words, “No

Dumping,” is shown in the dirt/sand area ofthe site, in photo # 006.

Behind the right

2

---

side of the sign in the photo, the approximately 200’ tall Cass Cable television tower can

be seen.

During the inspection, apparent violations ofthe Act and the regulations, 35

IAC, were

observed.

They include, from the Act,

Sections 9(a),

9(c),

12(a),

12(d), 21(a), 21(d)(l),

21(d)(2), 21(e), 2l(j)(1), 21(p)(3), 21(p)(4) and 21(p)(7).

An apparent violation ofthe

regulations,

35 IAC, is Section 812.101(a).

Additional information regarding apparent

violations

can be found in the Open Dump Inspection Checklist, enclosed with this

report.

OTHER COMMENTS

1.

I called out to two men who worked for Cass Cable if they were aware ofwho

owned the pond adjacent to the tower where they were working.

They said that

they did not know who it was.

2.

The total estimated amount

ofwaste at the site is

approximately *2,3 87 cu. yds.

This was calculated as follows:

Waste Type

Area of Waste

Totals

Buried waste areawith wood 600’

x

100’

x

1’

=

60,000 cu. ft.

Open dump/openburnpile

45’x

33’x3’

=

4,455

64,455

*64,445

Cu.

ft. / 27

(Cu. ft. to

Cu. yds. conversion)

2,387.22 or 2,387

Cu. yds.

DLPC/FOS

—

Springfield Region

DLC

—

Greg Richardson

3

---

S~TE

OF

ILLINQI~

-

..~•

..

~.

.

ENVIRONMENTAL

PROTECTION

AGENCY

snEsxETcff

Data

of

Inspection:

~

-z~~

Site

Code:

_cL_ ~

•~

L L .1

_2. .~Z

.2_

Site

Name:

&-~~roi-J,~

It~i~~

Ii&~

L.f(

~

~

I.

rnspectc.r:

~

I,-.JC~,-

County:

Ci~ç

LU~

rI?~OAh

(

‘I

Ftcn Ro~.

~

____________

Time:

1//c~

-7/~?cA,1

Nea.surem~ants

Appro~mAta

Direction

of

Photo

..-~

Not

to

Scala

pikdc~

~

~

~

—

~

f

~

?~S4~QJ4

L~4$~.

~~‘\~4

0p((L~

-

fo~

e~

____

-

C4s;

C

çQ1V

~

~~::_

/~‘~‘‘

---

LPC # 0170155050

—

CassCounty

BeardstownlLoxley, Inc.

FOS File

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE:

May 29, 2002

TIME:

11:02a.m.

DIRECTION: S

PHOTO by:

Charlie King

PHOTO

FILE NAME:

01701 55050—~05292002-001

COMMENTS: Burned shingles,

glass,

wood, metals, metal bed springs, rock

drywall,

bricks

androckwere observed in

this

45’

x 33’ x 3’ pile ofwastes.

DATE:

May29,

2002

TIMIE:

11:06a.m.

DIRECTION: W

PHOTO by:

Charlie

King

PHOTO

FILE NAME:

0170155050~—~05292002-002

COMMENTS:

The same pile of open

dumped and openburned wastes are

shown in this photo.

---

LPC # 0170155050— Cass County

BeardstownlLoxley,

Inc.

FOS File

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE:

May 29, 2002

TIME:

11:08 a.m.

DIRECTION: E

PHOTO by:

Charlie King

PHOTO

FILE NAME:

01701 55050~05292002-003

COMMENTS: Wastes, someburned,

have fallendownthe south slope ofthe

waste pile into a pond.

DATE:

May 29,

2002

TIME: 11:10a.m.

DIRECTION:

N/NE

PHOTO by:

CharlieKing

PHOTO FILE NAME:

0170155050~05292002-004

COMMENTS: Apond orponded water is

shown herewiththewaste pile inthe

distance, encroaching into the pond.

---

LPC # 0170155050

—

Cass County

BeardstownlLoxley, Inc.

FOS File

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE:

May 29, 2002

TIM1E:

11:19p.m.

DIRECTION: N

PHOTO by:

Charlie King

PHOTO FILE NAME:

017015505 0’—~05292002-005

COMMENTS: Sand covered lot with

bricks, wood, burnedwood and rocks

sticking out throughout.

DATE:

May 29, 2002

TIME:

11:22 a.m.

DIRECTION: N

PHOTO by:

CharlieKing

PHOTO FILE NAME:

0170155050~05292002-006

COMMENTS: A stop sign is shown.

Someone added “No Dumping” to the

sign. The above ground opendumpon-

site is shown in thebackground, left ofthe

red vehicle in the photo. The200’ cable

televisiontower is shown onthe right top

side ofthe stop sign.

---

•

:

~.

:.

•~

~

/

‘7VfJ~rO

c’~

.:.

2~rJi

/~~i&~

~

STATE OF 1LLINOIS~

I

L

ss.No

CASS COUNTY

Filed

Jo

recor~I

the

C~

WARRANTY DEED

das~’

&f

~

~fl\~

AD. 19~

at

1D.

I

~

clqck

(

-

M. a~4

recorded

ifl book

/25

of

.-.ii

oc.L’i.._~e4.~k

38

~OUNIY

C1.ERK

&

RECOROER

O1i~8~

THE GRANTORS,

GARY

L.

MOORE

and DONNA J.

MOORE, individually

and

as

husband

and

wife,

of

Carlock,

McLean County,

Illinois, for and in consideration of the sum

of One Dollar ($1.00)

and

other good

and

vaiuable consideration in hand paid, do hereby CONVEY AND WARRANT to

LOXLEY, INC.,

of Beardstown,

Cass

County,

Illinois,

the

following-described

real

estate,

to-wit:

Tract I:

All

of Block Five

(5),

also

the North

Two Hundred

Thirty-five and

three-tenths

(235.3)

feet

of

Block

Six (6),

also

Block

Fourteen

(14) and Block

Fifteen

(15),

all

in Lee Woolf’s

Subdivision of part of the West One-half (W½)

of the Northeast Quarter (NE ¼)

of Section Fourteen (14) in Township Eighteen

(18)

North

of

the Base Line,

Range Twelve

(12) West

of the Third Principal

Meridian,

Cass County,

Illinois, as recorded in Plat

Book One (1) atPage Fifty-

four

(54) in the Recorder’s Office of Cass County, Illinois;

also described as

all

that part of

the foregoing

described

Lots Five

(5),

Six

(6),

Fourteen

(14)

and

Fifteen

(15)

used

for levee

protection

purposes

and commonly

known

as

the

levee and

described more particularly

as

Tract

Seventy-three

(73) of the Plat of

such levee, recorded in Book 2 of Plats at Page

18, in the officeof the Recorder

of Deeds,

Cass

County,

Illinois,

EXCEPT THE FOLLOWING-DESCRIBED

REAL ESTATE, TO-WIT:

A part of

Block

Six (6) in Lee

Woolf’s

Subdivision of part of the West

One-half

(W½)

of

the Northeast

Quarter (NE¼)

of

Section

Fourteen

(14)

in

Township Eighteen

(18)

North

of

the

Base Line, Range Twelve (12) West of the

Third Principal Meridian,

Cass County,

Illinois, as

recorded in Plat Book

1

at

Page

54

in

the

Recorder’s

Office

of

Cass

County,

Illinois,

more

particularly

described as follows:

Commencing at the Northwest corner of said

Lot

Six (6)

in Lee

Woolf’s

Subdivision

as aforesaid;

thence East along the North boundary

of

said

Lot

Six (6)

a distance of 108

feet

to

a

point;

thence

South

and

perpendicular to

the North line of-said Lot Six

(6) a distance of

235.3

feet to a

poir~t;thence

West and

parallel with the North line ofsaid

Lot Six (6) adistance

of

108 feet

to the West line of said lot; thence North along the West line of said

lot

a distance of 235.3 feet to the point of beginning, containing

.5

acres, more

or less.

TRACT

II:

Commencing

at a point

on

the

South

right-of-way line,

County

Highway

No. 7

(Beardstown-Chandlerville Road) said point being- 1,048.0

feet

East

and

89.9

feet

South

of

the

Northwest corner

of

the

Northeast

Quarter

(NE¼)

ofSection Fourteen (14), Township Eighteen (18) North, Range Twelve

---

(12),

West of the Third PrincipalMeridian,

Cass County,

Illinois;

thence East

along the South right-of-way line of said highway 126.8

feet to a fence; thence

in a Southerly direction along said fence 589.0 feetto a point described

as the

point

of’

beginning;

from said point of beginning

Southerly

to

the North

boundary line of Block Five

(5)

in

Lee

Woolf’s Subdivision ofpart

of the West

Half(W½)

of the Northeast Quarter (NE¼)

of Section Fourteen (14),

Township

Eighteen (18) North,

Range

Twelve (12) West of the Third Principal Meridian,

Cass

County,

Illinois;

thence Westerly along the North

right-of-way line ofsaid

Block

Five

(5)

and

Block

Six

(6)

in

said

Lee

Woolf’s

Subdivision

to

the

Northwest corner of said Block Six (6); thence North to the South boundary line

of

Oak

Grove Court Subdivision, being a

part

of the

West Half (W½)

of

the

Northeast

Quarter

(NE

¼)

of

Section

Fourteen

(14),

Township

Eighteen

(18)

North, Range Twelve (12)

West

of

the Third Principal Meridian,

Cass County,

Illinois, and recorded in Flat Book 2 atPage 51

in the office of the Recorder of

Deeds,

Cass

County,

Illinois;

thence

East

along

the

South

line of said

Oak

Grove

Court Subdivision

to the point of beginning.

This conveyance is subject

to easements, recorded or unrecorded, for utilities,

highways,

roadways,

and drainage.

Purchaser

assumes and agrees to pay the 1998

real estate taxes due and payable

in

1999

and all

subsequent

taxes.

This

document

prepared

by

George

S.

McClure

of

McClure,

Brannan

&

Hardwick,

113

State Street,

Beardstown,

Illinois

62618.

~ituated

in the

County of Cans, in the

State of Illinois, hereby releasing and

waiving

all rights under

and

by virtue

of

the

Homestead

Exemption Laws of

this

State.

Dated this

~-&

1

~t day of

~

C.~

fl4~

t~Q.(

,

1998.

/

~

~

~.

.~

Gary

L.

ore

Donna J.

Moore

STATE

OF ILLINOIS

)

)

ss.

COUNTY OF CASS

)

I,

~

Notary Public, in and for said County,

in the State

aforesaid,

do hereby certify,

that

GARY L.

MOORE and DONNA J.

MOORE, personally known to

me

to be

the same persons whose

names

are subscribed

to the foregoing instrument, appeared before

me this day in person

-2-

---

•

~

:

and

acknowledged that

they

signed,

sealed,

and

delivered the said

instrument

as

their free and voluntary act,

for

the uses

and purposes therein

set forth,

including the release

and waiver of the right of

homestead.

Given under

my hand

and

notarial

seal this

Zi

st

day

of

C2~fr~&~.C~_fl

,

1998.

~kt~

~QiL~

~

Notary

Public

MAIL TAX

BILL

TO:

Loxley,

Inc.

1220 State

Street

Beardstown,

IL

62618

::

“OFFICIALSEAL”

~

Mary Beth Tillitt-Pratt

Notary

Public, State of Illinois

~

My

Cornniission Exp. 07/24/2000

~

---

PROOF OF SERVICE

I hereby

certify

that I did on the 29~’~

day of July, 2002, send a

true

and correct copy ofthe

following instrument(s) entitled

ADMINISTRATIVE

CITATION,AFFDAVIT,

and

OPEN

DUMP

INSPECTION CHECKLIST to be hand delivered

To:

Craig Myers

900 East

15th

Street

P.O. Box 139

Beardstown,

illinois 62618

and

the original

and

nine

(9)

true and

correct

copies

ofthe same foregoing instruments

onthe same

date by Certified 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

Special AssistantAttorney General

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O.Box

19276

Springfield, Illinois 62794-9276

(217)

782-5544

THIS

FILING

SUBMTTTED

ON RECYCLED PAPER