CLERK’S OFFICE

OCT

212005

STATE OF ILLINOIS

Pollution Control Board

INFORMATIONAL NOTICE!!!

IT IS IMPORTANT THAT YOU READ THE

ENCLOSED DOCUMENTS.

NOTE:

This Administrative Citation refers to

TWO

separate State

of Illinois Agencies.

One

is the ILLINOIS POLLUTION

CONTROL BOARD located at James

R.

Thompson

Center,

100 West Randolph Street, Suite

11-500,

Chicago,

Illinois 60601.

The other state agency is the

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

located at:

1021 North

Grand Avenue East,

P.O.

Box

19276, Springfield, Illinois 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

Environmental

Protection Agency at the address given above, and should

be marked

to the ATTENTION:

DIVISION

OF LEGAL COUNSEL.

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

III. Adm.

Code

101.400(a).

---

RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS

POLLUTION CONTROL

BOARD

OCT

212005

ADMINISTRATIVE CITATION

STATE

OF ILLINOIS

Pollution

Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Complainant,

)

AC

)

v.

)

(IEPA No.408-05-AC)

)

LYNDELL HEINZMANN,

)

)

Respondent.

)

NOTICE OF FILING

To:

Lyndell Heinzmann

7542

Kinmundy Road

Kinmundy, Illinois

62854

PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution

Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE

CITATION, AFFIDAVIT,

and OPEN

DUMP INSPECTION CHECKLIST.

Respectfully submitted,

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

Dated:

October

19,

2005

THIS

FILING SUBMITFED

ON

RECYCLED PAPER

---

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOAffiECEIVED

CLERK’S OFFICE

ADMINISTRATIVE CITATION

OCT

212005

ILLINOIS ENVIRONMENTAL

)

STATE OF ILLINOIS

PROTECTION AGENCY,

)

Pollution Control Board

Complainant,

)

AC

V.

)

(IEPA No.

408-05-AC)

LYNDELL

HEINZMANN,

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

(2004).

FACTS

1.

That

Lyndell

Heinzmann

(“Respondent”) is the

present

owner

and

operator of

a

facility located on Highway 51,just west of the town of luka

in Marion County,

Illinois.

The property

is commonly known to the

Illinois Environmental

Protection

Agency as luka/Heinzniann.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and

is designated with

Site Code No.

1210155007.

3.

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

4.

That

on

September 15,

2005, John

Senjan

of the

Illinois

Environmental

Protection

Agency’s Marion

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 John Senjan during

the course of his September

15, 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)

(2004).

(2)

That

Respondent

caused

or allowed

the

open

dumping

of

waste

in

a

manner

resulting

in

scavenging,

a

violation

of

Section

21(p)(2)

of

the

Act,

415

ILCS

5/21 (p)(2) (2004).

(3)

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) (2004).

CIVIL

PENALTY

Pursuant

to

Section

42(b)(4-5) of

the

Act,

415

ILCS 5/42(b)(4-5)

(2004),

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

November

30, 2005,

unless otherwise

provided

by order

of the Illinois Pollution

Contrtl

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(2004), 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 by the

lUiriois Environmen~tal

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) (2004), 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

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

is

received.

The

Office

of

the

Illinois

Attomey

General

may

be

requested

to

initiate proceedings

against Respondent in

Circuit Court to collect said

penalty and/or hearing

cosls,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

(2004).

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.

‘)ø-t&.4~Qt.t.,?

S’cott’

Date:

______

Douglas

P. &ott,

Director

4.~

..vcc

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

ILLINOIS

ENVIRONMENTAL

)

OCT

212005

PROTECTION AGENCY,

)

STATE

OF ILLINOIS

Pollution Control Board

Complainant,

)

AC

~)(~

—(

v.

)

(IEPA No. 408-05-AC)

LYNDELL

HEINZMANN,

Respondent.

FACILITY:

luka/Heinzmann

SITE

CODE

NO.:

1210155007

COUNTY:

Marion

CIVIL PENALTY:

$4,500.00

DATE

OF INSPECTION:

September 15,

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

)

LPC#

1210155007- MARION COUNTY

PROTECTION AGENCY,

)

TUKA

/

HEINZMANN, LYNDELL

Complainant

)

COMPLIANCE

FILE

vs.

LYNDELL HEINZMANN

)

Respondent

)

Affiant, John

S.

Senjan being first duly

sworn,voluntarily deposes and states as follows:

I.

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 September

15,

2005 between 2:30 p.m.

and 3:00

p.m., Affiant conducted

an

inspection of an

open dump operated without

an Agency permit, located

in Marion

County,

Illinois

and is known as IukalHeinzmann, Lyndell,

by the Illinois

Environmental

Protection Agency.

The

said site has been assigned Site

Code No.

LPC#

1210155007 by

the Agency.

3.

Affiant inspected

said IukalHeinzmann,

Lyndell 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 Checklist 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

JukalHeinzmann, Lyndell open

dump site.

~

L

/4

Subscribed

and Sworn

To before

me

This 4th day of October,

2005

(1?cL~J~

O~-~

Notary Public

s#fl,fl,,fl,tfl,,,,t”

,

gflFfle#e#tfl

,,

~

“omCIAi~

SEAL

PAUl-A

OTTENSMEIEA

~

NOTARY

PUBLIC__ST/~TE

OF

ILLINOIS

~

---

ILLINOIS

tNVIHONMtNIML

VNUItUIILJN

M¼~CINL.’T

Open Dump Inspection Checklist

County:

Marion

LPC#:

1210155007

Location/Site Name:

luka/Heinzmann,

Lyndell

09/15/2005

Time:

From

2:30pm

Inspector(s):

John Senjan and

Mike Grant

No. of

Photos Taken:

#

5

Est. Amt. of Waste:

100

Interviewed:

Lyndell

Heinzmann

Responsible Party

Mailing Address(es)

and

Phone

Number(s):

Lnydell

Heinzmann

7542

Kinmundy Road

Kinmundy,

IL 62854

SECTION

DESCRIPTION

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

1.

9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION

IN

ILLINOIS

Z

2.

9(c)

CAUSE

OR

ALLOW OPEN BURNING

Z

3.

12(a)

CAUSE, THREATEN OR

ALLOW WATER POLLUTION

IN

ILLINOIS

LII

4.

12(d)

CREATE

A WATER

POLLUTION

HAZARD

E

5.

21(a)

CAUSE

OR

ALLOW OPEN DUMPING

Z

6.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL

OPERATION:

(1)

Without

a Permit

Z

(2)

In

Violation of Any Regulations

or Standards Adopted

by the

Board

Z

7.

21(e)

DISPOSE, TREAT, STORE,

OR

ABANDON

ANY WASTE, OR TRANSPORT

ANY

WASTE INTO THE STATE AT/TO SITES NOT MEETING

REQUIREMENTS OF ACT

8.

21(p)

CAUSE

OR

ALLOWTHE OPEN DUMPING OF ANY WASTE

IN A MANNER WHICH RESULTS

IN

ANY OF THE

FOLLOWING

OCCURRENCES AT THE DUMP SITE:

(1)

Litter

Z

(2)

Scavenging

Z

(3)

Open Burning

Z

(4)

Deposition

of Waste in Standing

or Flowing Waters

fl

(5)

Proliferation of

Disease Vectors

E

(6)

Standing or

Flowing Liquid

Discharge from

the

Dump

Site

LI

Date:

Region:

6

-

Collinsville

To

3:00pm

Previous

Inspection

Date:

Weather:

78

and

overcast

yds3

Samples Taken:

Yes#

Complaint

#:

2005-115

No

Z

Revised 06/18/2001

(Open Dump

-

1)

---

LPC#

1210155007

Inspection Date:

09/3ë2005

(7)

Deposition of

General Construction or

Demolition Debris; or Clean Construction or

LI

Demolition Dehris

9.

55(a)

NO PERSON SHALL:

(1)

Cause or Allow Open

Dumping of Any Used or Waste Tire

LI

(2)

Cause_or Allow Open_Burning_of_Any Used_or Waste_Tire

LI

35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS

SUBTITLE

G

10.

812.101(a)

FAILURE

TO SUBMIT AN

APPLICATION

FOR

A PERMITTO DEVELOP AND

OPERATEALANDFILL

LI

11.

722.111

HAZARDOUS WASTE DETERMINATION

LI

12.

80& 121

SPECIALWASTE DETERMINATION

LI

13.

809.302(a)

ACCEPTANCE OF SPECIALWASTE FROM AWASTE TRANSPORTER WITHOUT A

WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION

AND

PERMIT ANDIOR MANIFEST

LI

OTHER REQUIREMENTS

14.

APPARENT VIOLATION OF:

(El)

PCB;

(J)

CIRCUIT COURT

CASE NUMBER:

ORDER ENTERED ON:

LI

15.

OTHER:

LI

LI

LI

LI

LI

LI

Signature

of

Inspector(s)

Informational Notes

1.

Illinois

Environmental Protection

Act: 415 ILCS 5/4.

2.

Illinois Pollution Control

Board:

35

III.

Adm.

Code, Subtitle 0.

3.

Statutory

and

regulatory references herein

are

provided

for convenience only and

should not

be construed

as

legal

conclusions

of the

Agency

or as

limiting

the

Agency’s

statutory or regulatory powers.

Requirements

of

some statutes

and

regulations cited

are

in summary format.

Full text of

requirements

can be

found

in references

listed in

1.

and

2.

above.

4.

The provisions

of

subsection

(p)

of

Section

21

of the

Illinois

Environmental

Protection

Act

shall be enforceable

either

by administrative

citation

under Section

31.1

of the Act or by complaint under Section

31

of the

Act.

5.

This

inspection

was conducted

in

accordance

with Sections

4(e)

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)

---

LPC#

1210505015

—

Marion County

Inspection date:

12/29/2004

Sandoval/Heinzmann, Lyndell

Prepare by:

John Senjan

Compliance File

REMARKS

Inspection

On September

15, 2005, based

on a complaint (C-2005-1 15), this author conducted a

routine open dumping inspection

at the site.

The inspection lasted

from

approximately

2:30 p.m. to

3:00 p.m.

The weather was overcast with little

to

no wind.

The temperature

was in the mid to

upper 70’s. The inspection consisted of walking the site, taking

photographs.

Mike

Grant-DLPCIFOS-Collinsville accompanied

me, during

the

inspection.

The complaint

alleged that

Mr. Heinzmann has been bringing

in all

sorts ofmaterial

and

burning

it.

Including mobile homes.

The site is located on Highway

51

just west ofthe

town of luka.

Upon arrival,

I immediately notice

a large burn pile just to the east

of

a

large metal

building.

Closer examination

of

the burned materiel revealed a menagerie ofdifferent

items.

I found cans, plastic,

mobile home frames, and lots of general

household debris.

I

estimated there was approximately

100 cubic yards of waste

material.

I also noted that

the largest portion of the burned debris had been push toward a low-lying drainage area.

Lastly,

I discovered a handful of copper wire that someone had

salvaged from the burn

pile and

salvaged.

After photographing the site, we went to the

house located on

the property.

No one

answered.

Later, I was able to obtain

a property deed from the Marion County

Courthouse.

Lyndell Heinzemann recently purchased the property.

During the September

15, 2005,

inspection the following violations of the Act

were

observed:

Section

9(a)

—

Cause, threaten or allow air pollution in

Illinois.

Section 9(c)

—

Cause or allow

open burning.

Section

2 1(a)

—

Cause or allow open dumping.

Section 21(d)(l)

—

Conduct a waste disposal

operation without a

permit.

Section

21 (d)(2)

—

Conduct a waste disposal

operation in

violation of any

regulations or standards

adopted by

the Board.

Section

2 1(e)

—

Dispose, treat,

store, or abandon any waste, or transport any waste

into

the state aUto

sites note meeting the requirements of the Act

and Regulations.

Section 2l(p)(l)

-

Cause

or allow

the open dumping of any waste

in

a manner,

which results

in litter.

Section 21(p)(2)

-

Cause or allow

the open dumping of any waste

in a manner,

which results in scavenging.

Section 2l(p)(3)

—

Cause or allow

the open dumping of any waste

in

a manner,

which results

in open burning.

cc:

DLPC/FOS

-

Coflinsville Region

---

State of Illinois

Environmental Protection Agency

Facility Diagram

Heinzmann, Lyndell

Inspector:

John Senjan

County:

Marion

Time:

2:30 p.m.

House

Metal

Building

3

‘V

‘V

HWY 50

Date of Inspection:

September

15,

2005

Site Code:

0210155007

Site Name:

t

N

---

LPC #1210155007-Marion County

luka!Heinzmann, Lyndell

FOS

File

DATE:

September

15, 2005

TIME: 2:30

pm.

DIRECTION: E

PHOTO by:

John

Senjan

PHOTO FILE

NAME:

1210155007—09152005-001

COMMENTS:

DATE:

September

15, 2005

TIME:

2:30

p.m.

DIRECTION:

NE

PHOTO by:

John Senjan

PHOTO

FILE NAME:

1210155007—09152005-002

DIGITAL

COMMENTS:

---

LPC #1210155007-Marion County

Iuka/Heinzmann, Lyndell

FOS

File

DATE:

September

15,

2005

liME:

2:30 p.m.

DIRECTION: NE

PHOTO by:

John Senjan

PHOTO FILE

NAME:

1210155007—09152005-003

COMMENTS:

DATE:

September

15,

2005

TIME:

2:30 p.m.

DIRECTION:

S

PHOTO

by:

John Senjan

PHOTO

FILE NAME:

1210155007—09152005-004

COMMENTS:

Photo taken from on

DIGITAL PHOTOGRAPH

PHOTOCOPIES

—.

~

~

•4s~

w

.kwwt.?_:.1S.,

~

-

~‘

~

.~t.”c..

/

~

..-

,.

_,

—

-t

_t_

—

-

—

*

.—~.

P

—

~

i~çj~~

re

z.,

~

~

~j’c~~

~~~-&‘J~±,

&--~

arc~

~n~~raw:

~

-

.

,..‘

t.

w

—

-.~“_

-.

-~-

Z!~~

—~

a

-~

-

~

,

•~

top ofa mobile home trailer frame.

---

LPC

#1210155007-Marion County

Iukalfleinzmann,

FOS

File

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE:

September

15,

2005

TIME:

2:30 p.m.

DIRECTION: W

PHOTO by:

John Senjan

PHOTO FILE

NAME:

1210155007—09152005-005

COMMENTS:

Sign at entrance of

the

property.

—I—

1011$

hS

CARS

tP~CsjQrop:,::.n

CALL FOR

PRiCE

$3M

4

LP

323

S$

32

5473149

1

---

PROOF OF SERVICE

I hereby certify

that

I did

on the

19th

day of October 2005,

send by

Certified Mail,

Return

Receipt Requested, with postage thereon fully prepaid, by depositing in

a United States Post Office

Box

a true and correct copy ofthe following instrument(s) entitled ADMINISTRATIVE CITATION,

AFFIDAVIT,

and OPEN DUMP INSPECTION CHECKLIST

To:

Lyndell Heinzmann

7542 Kinmundy Road

Kinmundy, Illinois

62854

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

Michelle M.

Ryan

Special Assistant Attorney General

IllinoisEnvironmental Protection Agency

1021

North Grand Avenue East

P.O.

Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING SUBMITFEDON RECYCLEDPAPER