S
IT
IS IMPORTANT
TI-IAT
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 James
R.
Thbmpson
Center,
100 West Randolph Stréét, 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
61794-9276.
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 Env!ronmental
•
Protection Agency at the
address given above and should be marked
to the
ATTENTION: DIVISION OF LEGAL ~.OUNSEL.
Any person other than individuals MUST appear through an attorney-
:.
at-law licensed and registered to practice law.
Individuals may
appear on their own behalf, or through an attorney.
35 Ill. Adm.
Code 101 .400(a).
•.
•
.
RECEIVEb
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMiNISTRATIVE CITATION
JUN
132005
STATE OF
lLLl$’~OlS
Pollution
Control
13oarc~
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
-----77
Complainant,
)
AC
)
V.
)
(IEPANo.
188-05-AC)
)
HUNTER GARRARD,
.
)
)
Respondent.
)
NOTICE
OF FILING
To:
Hunter Garrard
1494 North
2040th
Street
Flit Rock, IL
62427
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 ADMINTSTRATIVE
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:
June 9, 2005
THIS FILING SUBMIYFED ONRECYCLED PAPER
ED
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
ii
i~.
13
2005
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
POII~h~~
Controf
8oarcg
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
.
)
Complainant,
)
AC
LI
-
V.
)
(IEPA No.
188-05-AC)
)
HUNTER GARRARD,
)
)
)
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
Hunter Garrard
(“Respondent”) is the present operator of a facility located at
1494 N
2040th
Street,
Flat
Rock,
Crawford
County, Illinois.
The property is commonly known to the
Illinois Environmental Protection Agency as Flat RocklShipman-Garrard.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection
Agency Operating Permit and
is designated with Site Code No. 0338050003.
3.
That Respondent has operated
said facility at all times pertinent hereto.
4.
That on
May
5, 2005,
Curt White 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 Curt White during
the course of his May 5, 2005
inspection of theabove-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
2l(p)(l)
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
ILCS
5/21 (p)(3) (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, foratotal of Three Thousand Dollars ($3,000.00).
IfRespondentelects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due
and
payable
no
later than
July
15,
2005,
unless otherwise
provided
by
order of the
Illinois
Pollution Control
Board.
If Respondent elects to contestthisAdministrative 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 adjudicatory hearing,
Respondent shall be assessed the associated hearing
costs incurred bythe Illinois Environmental
2
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.
Pursuantto Section 31.1(d)(1) oftheAct, 415 ILCS 5/31.1(d)(1) (2002), if Respondentfails
to petition orelects 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.
Ifany civil penalty and/or hearing costs are not paid within thetime prescribed byorder ofthe
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or hearing
costs
shall
be
assessed
against the Respondentfrom 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).
IfRespondent 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. Box19276, Springfield,
Illinois 62794-9276.
Section 31.1
of the Act provides that any Petition for Review shall be filed within
th!rty-five
(35)
days
of the date
of
service
of this Administrative Citation or the Illinois
Pollution
Control
Board shall enter a default judgment againstthe Respondent.
~
Date:
_______
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
REMITTANCE
FORM
JUN
13
2005
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION AGENCY,
)
Pollution control Board
~1i
.•Complainant,
•
)
AC
)
V.
)
(IEPA No. 188-05-AC)
•
)
HUNTER GARRARD,
.
)
)
)
)
Respondent.
FACILITY:
Flat Rock/Shipman-Garrard
SITE CODE NO.:
0338050003
COUNTY:
Crawford
CIVIL PENALTY:
$3,000.00
DATE
OF INSPECTION:
May 5, 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:
)
)
)
)
IEPA DOCKET NO.
)
)
)
)
Respondent
)
Affiant, Curt White, 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 May 5, 2005, between 11:45
A.M. and
12:00 P.M.,
Affiant conducted an
inspection ofthe site in
Crawford County, Illinois, known as the Flat Rock / Shipman-
Garrard site, Illinois Environmental Protection Agency Site No. 0338050003.
3.
Affiant inspected said Shipman-Garrard site by an on-site inspection, which included
walking the site.
4.
As
a result of the
activities referred to
in Paragraph
3
above, Affiarit completed the
InspectionReport form attached hereto and made a part hereof, which, to the best ofAfflant’s
knowledge and belief,
is
an
accurate representation of Affiant’s
observations
and
factual
conclusions with respect to the Shipman-Garrard site.
Subscribed and Sworn to before me
this
_____
day of
~A
2005.
Notary Public
OFFiC~A1.SEAL
SHARON
L BARGER
NOTARY
PtJBLIC
STATE
OF
1111N04s
MY
COMMI~sicy,j
EXPIRES:O9.16.06
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump Inspection
Checklist
County:~-~Crawford
LPC#:
0338050003
Region:
4
-
Champaign
Location/Site Name:
Flat Rock
I
Shipman-Garrard
Date:
5/5/05
Time:
From
11:45 am
To
12:00
pm
Previous Inspection Date:
10/13/04
Inspector(s):
Curt White
Weather:
Sunny_&_750_F
No. of Photos
Taken:
#
13
Est. Amt. of Waste:
•.
150
yds3
Samples Taken:
Yes #
No
X
lnterviewed’~
N/A
•
-
•
Complaint #:
CO5-058-CH
Responsible Party
Mailing Add ress(es)
and
Phone
Number(s):
(-uuJ
1EP4‘~d
SECTION
DESCRIPTION
•
/
~
‘-VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
~•
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR
POLLUTION
IN ILLINOIS
•
•
X
2.
9(c)
CAUSE
OR ALLOW
OPEN
BURNING
X
3.
12(a)
CAUSE, THREATEN
OR ALLOW WATER POLLUTION
IN
ILLINOIS
E
4.
12(d)
CREATE AWATER POLLUTION HAZARD
LI
5.
21(a)
CAUSE OR ALLOW OPEN
DUMPING
X
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
•
(1)
Without a Permit
•
X
(2)
In Violation
of Any Regulations or Standards Adopted by the Board
•_X
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY
WASTE,
OR TRANSPORT ANY
.
X
8.
21(p)
CAUSE OR ALLOW THE
OPEN DUMPING OF
ANY
WASTE IN A MANNER WHICH RESULTS
•
(1)
Litter
•
•
X
(2)
Scavenging
LI
(3)
Open Burning
•
:
X
(4)
Deposition of Waste
in Standing or Flowing Waters
LII
(5)
Proliferation
of Disease Vectors
•
LII
(6)
Standing or Flowing Liquid
Discharge from the Dump Site
•
0
Leroy & Julie S•hipman, Owner
2105 Maple Street
Lawrenceville,
IL 62439
618/943-3317
Hunter Garrard, Resident
1494 N
2040th
Street
Flat Rock, IL
6242RECEIVE
618/562-3047
MAY
1
Revised 06/18/2001
(Open Dump
-
1)
LPC
#
0338050003-Crawford County
Inspe~tThnDate:
5/5/2005
(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
X
(2)
Cause orAllow Oper~~Burning
of Any Used or Waste Tire
X
•••_~t~ ~-—~-~-
—-~-•----~-
~-,
~
•~
~t-
.-
—
~:
~
ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
.~
/
~
~-
-~
— -~
q
~-
~
~-
--~
-~
—
-•
.••
~•
S
•
•
~
~
••~
5
5
••
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO DEVELOP AND
OPERATEALANDFILL
x
11.
722.111
HAZARDOUS WASTE
DETERMINATION
0
12.
808.121
SPECIAL WASTE DETERMINATION
0
•
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
0
-~•~
-•~
~-
~—
~
ENTS_~~~~~__‘.
~.••
•
APPARENT VIOLATION OF:
(LII)
PCB;
(LI)
CIRCUIT COURT
•
0
14.
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
0
0
0
•
0
0
/
Informational
Notes
Signature of Inspector(s)
1.
Illinois
Environmental Protection Act: 415 ILCS 5/4.
2.
Illinois Pollution
Control
Board: 35 III. Adm.
Code,
Subtitle G.
3.
Statutory and
regulatory references herein are provided
for convenience only and s-hauld 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.
Revised 06/18/2001
(Open Dump -2)
Illinois Environmental Protection Agency
Bureau of Land• Field Operations Section,Champaign
~LPC
#0338050003—Crawford County
Flat Rock / Shipman-Garrard
FOS
5
Inspector: Curt White
Insp.Date: 5/5/05
5
5
Complaint #C05-058-CH
:
S
GIS Data: Latitucle-N38.87468°,Longitude-W87.56788°(Garmin GPSmap 76S)
~
8
INSPECTION
REPORT
NARRATIVE
S
‘
4Q
/~‘-.
Curt
White ofDLPC/FOS Champaign Regional Office reinspected this site on May
5, 2005.
The
~
weather conditions during this inspection were sunny and 75°F.
No interviews were
conducted
during
this
inspection.
The initial inspection was conducted as a result ofa referral
from the
illinois State Police.
The
site is located at
1494 N 2O4O~~~
Street, Flat Rock, IL.
The resident at the site is
Hunter
Garrard.
Mr. Garrard’s mailing address is the same as the location address.
State
Trooper Jason
Holt determined the residency.
Leroy and Julie Shipman own the
site.
The mailing address for
Mr. & Mrs. Shipman
is 2105 Maple Street, Lawrenceville,
IlL 62439.
The ownership was
determined by going to the Crawford County Supervisor ofAssessments office in Robinson, IL.
A
copy ofthe deed is
attached to this report.
This inspection was conducted in accordance with Sections 4(c)
and (d) ofthe Illinois
Environmental Protection Act (“Act”). The purpose ofthis inspection was to
determine if the site
is in compliance with the Act and Regulations.
SITE ifiSTORY
An Administrative Citati5n Warning Notice was sent to each ofthe above-mentioned respondents
by certified mail
on November 22, 2004 and received by Julie Shipman and Hunter Garrard both
on November 23, 2004 according to the U.S. Postal
Service Mail Receipt.
On December 7,
2004 I
received a response from Mr. Shipman.
Mr. Shipman is in a nursing home stated he is not
responsible for the open burning and dumping.
On January 3, 2005 I received a statement from
Mr. Garrard written by Rebecka Wright stating he would clean up the propertybut needed some
more time.
Mr. Garrard asked
for an extension of April
15,
2005.
I grantedthis request in an
Agency letter dated January 7, 2005.
Mr. Garrard also stated in his letter that Mr. Shipman is not
responsible for the violations atthe site.
On April 14, 2005 I received
a phone call from Ms.
Wright and she asked if I was inspecting the site on April
15,
2005.
I stated I was not and asked
her the status ofthe clean up.
Ms. Wright stated the site was cleaned up except for a small amount
ofsalvage.
I informed her that as long as the salvage was organized it should not be
a problem and
to send me
all disposal receipts.
Ms. Wright stated she would send me all disposal receipts.
End
ofConversation.
Two weeks later I called Ms. Wright and informed her that I have not received
any disposal receipts.
Ms. Wright stated to me that
she sent them the next day after ourprevious
conversation.
I asked if she made copies ofthe receipts.
She stated she did not.
End of
•
Conversation.
I then scheduled a reinspection for May
5,
2005.
LPC #0338050003—Crawford Courn~y
Flat Rock/Shipman-Garrard
Inspection Date: 5/5/05
MAY
5,
2005
INSPECTION
FINDINGS
I arrived on theproperty at 11:45
am noticed several piles of loose dirt that was not at the site
during the previous inspection (see photos
10
&
11).
I knocked at the residence ofMr. Garrard.
Nobody answered the door.
In front ofMr. Garrard’s residence I observed a 4’ x 3’
burn
pile that
contained a gardenhose, cans, metal and ash (see photo
1).
This was a new burn pile at the site.
I
walked north and observed ash, charred metal, cans other wastes (see photos
2
& 6).
There was a
ridge on back of thewaste tile where it appeared a hole was recently dug and then filled in (see
photos
2
&
6).
I walked east and observed a
15’
x
15’
x
1’ waste pile
t:hat
contained charred
appliances and metal and a partiallyburied used tire (see photos 3,4 &
12). I walked north and
observed tire
rims
and tire beads partiallyburied in dirt (see photo
5).
I looked east and observed a
20’
x
5’
x
1’ waste pile that contained ash, metal, and other wastes (see photo 7).
I looked north
and observed another used tire sticking out of the ground (see photo 8).
I observed the dirt closer
and saw metal, tire beads, glass and other litter protruding through soil (see photo 9).
I then
observed another 4’ x 3’ bum pile that contained a can, metal and ash at the site (see photo
13).
This was a new bum pile at the site.
I left the site at 12:00 pm.
Summary ofViolations
Environmental Protection Act.
415 ILCS
5/1
et. seq. (formerly Ill. Rev.
Stat.
Ch.
111
1/2,
1001
et.
seq.)
hereinafter
called the “Act”
1.
Pursuant to Section 9(a) ofthe Illinois
Environmental Protection Act (415 ILCS
5/9(a)),
no person shall cause ofthreaten or allow the discharge or emission ofany contaminant
into the environment in any State so as tO cause or tend to cause air pollution in Illinois,
either alone or in combination with contaminants from other sources, or so as to violate
regulations or standards adopted by the Board under this Act.
S
A violation of-Section 9(a) is alleged for the following reason:
Evidence
of open burning,
which would cause or tend to cause air pollution in Illinois
was observed during the
inspection.
--
2.
Pursuant to Section 9(c) ofthe Illinois
Environmental
Protection Act (415 ILCS
5/9(c)),
no person shall cause or allow the open burning of
refuse,
conduct any salvage operation by
open burning, or cause or allow the burning of any refuse in any chamber not specifically
designed for the purpose and approved by the Agency pursuant to regulations adopted by
the Board under this Act.
A violation ofSection 9(c) is alleged for the following reason: Evidence
of open burning
of
refuse was
observed during the inspection.
-
3.
Pursuant to Section 21(a) ofthe Act.
No one shall cause or allow the open dumping ofany
waste.
A violation ofSection 21(a) is alleged forthe following
reason:
Evidence ofopen dumping
of waste was observed at the site
during the inspection.
LPC #0338050003—Crawford County
Flat Rock /Shipman-Garrard
Inspection Date: 5/5/05
Pursuant
to
Section
21(d)(1) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/~
1(d)(1
)),
no person shall conduct
any waste-storage, waste-treatment, or waste-disposal
operation without a permit grantedby the Agency orin violation ofany condition imposedby
such permit.
S
A violation of Section
21(d)(1)
is
alleged for the
following reason: Waste was disposed
without a permit
granted by the Illinois EPA.
5.
Pursuant
to
Section
21(d)(2)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21 (d)(2)), no person shall conduct any waste-storage, waste-treatment, or waste-disposal
operation in violation ofany regulations or standards adopted by the Board under this Act.
A
violation of
Section
21(d)(2)
is
alleged
for
the
following
reason:
A
waste
disposal
operation
was conducted in violation
of regulations
adopted by the Illinois
Pollution
Control Board.
6.
Pursuant to
Section 21(e)
of the 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 ofthe Act and ofRegulations
and
Standards thereunder.
S
A violation ofSection 21(e) is alleged forthe following reason: Evidence ofwastes disposal
was observed during the inspection of the site, which does not meet the requirements
of
the Act and regulations thereunder.
S
7.
Pursuant to Section 21(p)(1) ofthe Act.
No one shall cause orallow the open dumping ofany
waste in a manner, which results in litter at the dumpsite.
A violation of
Section
21Q)(1)
is
alleged
for
the
following reason:
Evidence
of
open
dumping of waste was observed at this site, which resulted in litter.
8.
Pursuant to Section 21@)(3) ofthe Illinois
Environmental Protection Act (415 ILCS
5/21(p)(3)),
no person shall, in violation ofsubdivision (a) ofthis Section,
cause or allow
the open dumping ofany waste in a manner which results in open burning.
A violation of Section
21Q)(3) is
alleged for the following reason: The open dumping of
waste was caused or allowed in a manner, which resulted in open burning.
9.
Pursuant
to
Section
55(a)(l)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/55(a)(1)),
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 of used or waste tires was observed during the inspection.
:
10.
Pursuant to Section
55(a)(2)
ofthe Illinois
Environmental Protection Act (415 ILCS
5/55(a)(2)),
no person shall cause or allow the open burning ofany used or waste tire.
LPC #0338050003—Crawford County
S
Flat Rock/Shipman-Garrard
Inspection Date: 5/5/05
A
violation of Section
55(a)(2)
Illinois
Environmental Protection Act (415 ILCS
S
5/55(a)(2)) is
alleged for the following reason:
Evidence of the open burning of used or
waste tires was observed during the inspection.
S
35
illinois
Administrative Code.
(Title
35:
Environmental Protection, Subtitle G:
Waste Disposal,
Chapter I: Pollution Control Board) Regulations
S
S
Pursuant to 35 ill. Adm Cods 812.101(a), All persons, except those specifically exempted by
Section
2 1(d) ofthe Environmental Protection Act (Act) (ill. Rev.. Stat.
1991, ch.
111
‘A, par.
1021(d)) 415
ILCS
5/21(d),
shall submit to the Agency an application fora permit to develop
S
and operate a landfill.
The application must contain the information required by this Subpart
S
and by Section 39(a) ofthe Act, except as otherwise provided in 35
Ill. Adm. Code 817.
A violation of 35
111. Adm. Code
8 12.101(a)
is alleged for the following reason:
This waste
management site has not submitted an application to the Agency for a permit to develop
and operate a landfill.
Illinois
Environmental Protection Agency
LPC
# 0338050003--Crawford County
Flat Rock /
Shipman-Garrard
Insp.
Date
5/5/05
Site Photos
Photo
1
@
11:52am
Photo
2 @11:52
am
Photo
3
@11:53
am
Photo4@
11:53
am
Photo
5
@11:53
am
Photo 6 @11:53 am
Photo 7
@
11:54 am
Photo
8
@11:54 am
Photo 9
@
11:54am
Photo 10
@
11:55
am
Photo
11
@11:55 am
Photo
12
@
11:55
am
Photo 13
@
11:56 am
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Trailer
Waste
Photo 8
Photo
9
Photo
6
Photo
Photo 2
4
Photo
1
~
Site Map
w-
N
4
Photo
10
Photo
7
0.5
mile
4
~ P~oto
1
4
Photo
11
4
Photo
12
Photo
6
Photo
4
4
Photo 3
2040E
1 50N
RTE33
Map
not to Scale
Arrows indicated direction
and location of Photos
S
•
Illinois Environmental Protection Agency
Bureau of Land
S
DIGITAL PHOTOGRAPHS
LPC # 0338050003
—
Crawford
County
Flat Rock
I
Shipman-Garrard
FOS File
DATE: 5-5-2005
TIME:
11:52AM
DIRECTION: South
PHOTO by: Curt White
PHOTO
FILE NAME:
0338050003—05052005-001 .jpg
COMMENTS:
DATE: 5-5-2005
TIME:
11:52AM
DIRECTION: West
PHOTO by: Curt White
PHOTO
FILE NAME:
0338050003—005052005-002.jpg
COMMENTS:
‘5-.
St.
—
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•
Illinois Environmental
Protection Agency
Bureau of Land
S
S
DIGITAL
PHO TOGRAPHS
LPC # 0338050003
—
Crawford County
Flat Rock
I
Shipman-Garrard’
FOS File
DATE: 5-5-2005
TIME:
11:53 AM
DIRECTION: Southwest
PHOTO by:
Curt White
PHOTO FILE NAME:
0338050003—05052005-OO3Jpg
COMMENTS:
DATE: 5-5-2005
TIME: 11:53AM
DIRECTION: West
PHOTO by: Curt White
PHOTO FILE NAME:
0338050003—005052005-004.jpg
COMMENTS:
•
Illinois Environmental
Protection Agency
S
Bureau of Land
.
S
DIGITAL
PHOTOGRA PHS
LPC # 0338050003
—
Crawford
County
Flat Rock
I
Shipman-Garrard
FOS File
5-
DATE:
5-5-2005
TIME:
11:53 AM
DIRECTION: North
PHOTO by: Curt White
PHOTO FILE NAME:
0338050003—05052005-005.jpg
COMMENTS:
DATE: 5-5-2005
TIME:
11:53 AM
DIRECTION: West
PHOTO by: Curt White
PHOTO FILE NAME:
0338050003—005052005-006.jpg
COMMENTS:
•
Illinois Environmental Protection Agency
Bureau of Land
S
DIGITAL
PHOTOGRAPHS
LPC # 0338050003
—
Crawford County
Flat Rock
I
Shipman-Garrard~
FOS File
-
DATE: 5-5-2005
TIME: 11:54AM
DIRECTION: East
PHOTO by: Curt White
PHOTO FILE NAME:
0338050003—05052005-007.jpg
COMMENTS:
DATE: 5-5-2005
TIME: 11:54AM
DIRECTION: North
PHOTO by: Curt White
PHOTO FILE NAME:
0338050003—005052005-OO8jpg
COMMENTS:
•
Illinois Environmental Protection Agency
Bureau of Land
S
DIGITAL
PHO TOGRAPHS
LPC
# 0338050003
—
Crawford County
Flat Rock IShipman-Garrard
FOS File
S
DATE: 5-5-2005
TIME:
11:54AM
DIRECTION:
East
PHOTO by: Curt White
PHOTO FILE NAME:
0338050003—05052005-009.jpg
COMMENTS:
DATE: 5-5-2005
TIME: 11:55AM
DIRECTION: West
PHOTO by: Curt White
PHOTO FILE NAME:
0338050003—005052005-010..jpg
COMMENTS:
•
Illinois
Environmental
Protection Agency
Bureau of Land
S
DIGITAL
PHOTOGRAPHS
LPC # 0338050003
—
Crawford County
Flat Rock
I
Shipman-Garrard
FOS File
DATE: 5-5-2005
TIME: 11:54AM
DIRECTION: West
PHOTO by: Curt White
PHOTO FILE
NAME:
0338050003—05052005-011 .jpg
COMMENTS:
DATE: 5-5-2005
TIME:
11:55AM
DIRECTION: West
PHOTO by: Curt White
PHOTO
FILE
NAME:
0338050003—05052005-012.jpg
COMMENTS:
•
Illinois
Environmental
Protection Agency
Bureau of Land
S
DIGITAL
PHO TOGRAPHS
LPC # 0338050003
—
Crawford County
Flat Rock
I
Shipman-Garrard
FOS File
DATE: 5-5-2005
TIME: 11:56AM
DIRECTION:
North
PHOTO
by: Curt White
PHOTO
FILE NAME:
0338050003—05052005-01 3.jpg
COMMENTS:
PROOF OF SERVICE
I
hereby certify that
I
did on the 9th day ofJune 2005, send by Certified Mail, Return Receipt
Requested,with postage thereonfullyprepaid, by depositing in
a
UnitedStatesPost OfficeBox
a
true
and
correct
copy
of
the-t following
instrument(s)
entitled
ADMThIISTRAT1VE
CITATION,
AFFIDAVIT,
and OPEN DUMP INSPECTION CHECKLIST
-
To:
Hunter Garrard
1494 North
2040th
Street
Flat Rock, IL
62427
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 fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Miche1I~’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
