RECEIVED
CLERK’S OFFICE
NOV
142905
STATE OF ILLINOIS
Pcllutlon Contro’ Board
INFORMATIONAL NOTICE!!!
frcfJt-!(o
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
CLERKS OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
42005
ADMINISTRATIVE CITATION
STATE
OF
ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
IJ-((O
Complainant,
)
AC
uw
)
v.
)
(IEPA No. 442-05-AC)
)
REX D.
EVANS and ROY W. EVANS, JR.,)
)
Respondents.
)
NOTICE OF FILING
To:
Rex D.
Evans
Roy W. Evans~Jr.
1868 MidwayRoad
13011N
10501
Road
Murrayville, IL
62668
Macomb, IL
61455
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,
ichelle M.
Ryan
Special Assistant Attorney General
Illinois
Environmental Protection
Agency
1021
North Grand Avenue
East
P.O. Box
19276
Springfield,
Illinois 62794-9276
(2 17) 782-5544
Dated:
November 9, 2005
THIS
FILING
SIJBMI1TED ON RECYCLED
PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
NOV
142005
ADMINISTRATIVE CITATION
STATE OF IWNOIS
Pollution
Control Board
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
AC
oL
‘t ~
)
V.
)
(IEPA
No. 442-05-AC)
REX D.
EVANS and ROYW. EVANS,
JR.,
Respondents.
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency by Section 31.1
of the Illinois Environmental Protection Act,
415
ILCS 5/31.1
(2004).
FACTS
1.
That
Rex D.
Evans and
Roy W. Evans
are the present owners
and
Rex
D.
Evans
is the
operator (collectively “Respondents’) of a facility located
as follows:
Part of the southeast
Quarter of the Southeast
Quarter of Section Thirty-one
in Township Fourteen
North,
Range Ten
West of the Third Principal
Meridian
in
Morgan
County,
Illinois.
The property is commonly
known to the
Illinois
Environmental Protection Agency as
Road District No.
10/Evans.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and
is designated ‘~ith
Site Code
No.
1378100006.
3.
That Respondents
have owned/operated
said
facility at all times pertinent hereto.
4.
That on October13,
2005,
Michelle Cozadd
of the
Illinois Environmental Protection
Agency’s
Springfield
Regional
Office
inspected
the
above-described
facility.
A
copy
of
her
I
inspection
report
setting
forth
the
results
of said
inspection is attached
hereto
and
made
a part
hereof.
VIOLATIONS
Based upon direct observations made by Michelle Cozadd during the course of her October
13, 2005
inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined
that Respondents have violated the Illinois Environmental Protection Act (hereinafter,
the “Act”) as follows:
(1)
That
Respondents
caused
or allowed
the open
dumping
of
waste
in
a
manner
resulting
in
litter,
a
violation
of
Section
2l(p)(l)
of the
Act, 415
ILCS
5/2l(p)(1)
(2004).
(2)
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) (2004).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004),
Respondents are
subject
to
a
civil
penalty
of
One Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
of
the
violations identified above, for a total of Three Thousand
Dollars ($3,000.00).
If Respondentselect
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no laterthan December30, 2005, unless otherwise provided byorderofthe Illinois
Pollution
Control
Board.
If Respondents elect to contestthis 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
2
Pollution Control Board issues
a finding of violation as alleged herein, after an adjudicatoryhearing,
Respondents shall be assessed the associated hearing costs incurred by the
Illinois Environmental
Protection Agency and the Illinois Pollution Control
Board.
Those hearing costs shall be assessed
in
addition
to
the One Thousand
Five
Hundred
Dollar ($1,500.00) statutory civil penalty for each
violation.
Pursuant to
Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2004), if Respondents fail
to petition or elect 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,
Respondents’
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection
Agency,
1021 North
Grand Avenue
East,
P.O.
Box
19276, Springfield,
Illinois
62794-9276.
Along with
payment,
Respondents shall complete and
return
the enclosed
Remittance Form to ensure proper documentation of payment.
Ifany civil 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 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
against Respondents in Circuit Court to collect said penalty and/or hearing costs,
plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents
have
the
right
to
contest this Administrative
Citation
pursuant
to
and
in
accordance with Section 31.1
of the Act, 415 ILCS 5/31/1(2004).
If Respondents elect to contest
this Administrative Citation,
then
Respondents 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.
____________
DateH~k\03
Douglas
P.
Scott,
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
4
RECEIVED
CLERK’S OFFICE
REMITTANCE
FORM
142005
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
AC
)
V.
)
(IEPA
No.
442-05-AC)
REX D.
EVANS and
ROYW.
EVANS, JR.,
)
)
)
Respondents.
FACILITY:
Road District No.
10/Evans
SITE CODE NO.:
1378100006
COUNTY:
Morgan
CIVIL
PENALTY:
$3,000.00
DATE OF INSPECTION:
October 13, 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
RECEIVED
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
CLERICS
OFFICE
AFFIDAVIT
NOV
142005
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control
Board
PROTECTION AGENCY,
Complainant
)
vs.
)
IEPA DOCKET
NO.
)
REX D. EVANS AND
ROY
W. EVANS, JR.,
)
Respondents
)
Affiant, Michelle E.
Cozadd, being
first duly sworn,
voluntarily deposes and states
as follows:
1.
Affiant
is a field inspector employed by the Division of Land Pollution Control of the
Illinois Environmental Protection
Agency and has been so employed at
all
times pertinent
hereto.
2.
On October
13,
2005, between 2:05
PM and 2:30 PM, Affiant conducted an
inspection of
a disposal
site operated without an
Illinois Environmental Protection Agency permit,
located
in Morgan County,
Illinois, and known
as Road District
No.
10/Evans by the
Illinois Environmental Protection Agency.
Saidsite has been assigned site code number
LPC #1378 100006 by the Illinois
Environmental Protection Agency.
3.
Affiant inspected said
Road District No.
10/Evans
open dump site by an
on-site
inspection that 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 ofAffiant’s
observations and
factual conclusions with respect to said Road District No.
10/Evans open
dump.
E
Michelle
E. Coz
d
Subscribed and
Sworn To
before me
This gfday
of
S
tt-d-’c~
o~
8OS
OFFICIAL
SEAL
‘.hA~LENEK.
POWEU.
WO1,~?~
~~LlC
~1:i4tf
or
ILLINOIS
My Ccnr:
~xpIc~~
~
i~
2008
—
,~-_c
.j-
.~......9-,-.
...~ —
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection
Checklist
Region:
5
-
Springfield
Location/Site
Name:
Road District No.
10/Evans
Date:
10.13.05
Time:
From
2:05
pm
Inspector(s):
Michelle
Cozadd
& Dave
Jansen
No. of Photos
Taken:
#
20
Est. Amt.
of Waste:
Interviewed:
To
2:30
pm
Previous
Inspection
Date:
06.23.05
Weather:
70°Fand
sunny
1000
yds3
Samples
Taken:
Complaint
U:
C-05-1 20-C
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
County:
Morgan
LPC#:
1378100006
Yes
U
No
X
Rex
D.
Evans
1868 Midway
Murrayville,
IL
217.8822081
217.4735976
Road
62668
(home)
or 217.473.5977
(cell)
Roy W.
Evans, Jr.
13011
N
lOSOth
Ro
Macomb,
IL
61455
309.837.1782
~
tCn~
2
7
2q~~
-
—,
‘t/
~
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
X
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
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
WASTE INTO
THE STATE AT/TO SITES
NOT
MEETING REQUIREMENTS
OF ACT
AND
REGULATIONS
X
8.
21(p)
CAUSE
OR ALLOW
THE
OPEN
DUMPING
OF ANY WASTE
IN
A
MANNER WHICH
RESULTS
IN
ANY
OF THE FOLLOWING
OCCURRENCES
AT THE DUMP
SITE:
(1)
Litter
X
(2)
Scavenging
(3)
Open
Burning
(4)
Deposition
of Waste in_Standing_or
Flowing Waters
(5)
(6)
Proliferation of Disease Vectors
Standing or Flowing_Liquid_Discharge
from
the Dump
Site
-~
Revised
06/18/2001
(Open Dump
-
1)
LPC #1378 100006
Inspection Date: October
13,
2005
(7)
Deposition of General
Construction or Demolition
Debris; or Clean Construction
or
Demolition
Debris
NO
PERSON
SHALL:
9.
55(a)
(1)
Cause
or Allow Open Dumping
of Any Used
or Waste
Tire
X
(2)
~ Cause
or~
Any_Used_or Waste_Tire
35 ILLINOIS ADMINISTRATIVE CODE
REQUIREMENTS
SUBTITLE
G
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
x
~
11.
722.111
HAZARDOUS WASTE DETERMINATION
X
12.
808.1~1
SPECIAL WASTE
DETERMINATION
X
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
Informational
Notes
OTHER
REQUIREMENTS
APPARENT
VIOLATION
OF:
(
)
PCB;
(
)
CIRCUIT COURT
CASE NUMBER:
ORDER
ENTERED ON:
CAUSE
OR ALLOW THE STORAGE OR
DISPOSAL OF COAL COMBUSTION
WASTE
L ~
4~L~
Signat~Mof Inspector(s)
1.
Illinois
Environmental
Protection Act:
415
ILCS
514.
2.
Illinois Pollution Control
Board:
35
III.
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 .~and2.
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 Illinoisl
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
MEMORANDUM
DATE:
October
14, 2005
t~a
N~?.~r
~
To:
DLPC/Division File
.
~
~,
FRONI:
Michelle Cozadd, DLPC/FOS Springfield
Region
OCT
2
7
20Q5
SUBJECT:
LPC #1378 100006— Morgan County
L.p41
dOl
Road District
No.
10/Evans
FOS File
The purpose of this
memorandum
is to
serve as the
narrative for an October
13,
2005 re-
inspection
that took place between 2:05
pm and 2:30 pm.
I was
accompanied by Mr.
David
Jansen,
DLPC/FOS Springfield
Regional Manager.
Twenty
digital photographs
were
taken.
The
weather conditions were sumiy and approximately 70°F.No
one was
interviewed
during ~here-
inspection.
This site was
inspected previously on June
2, 2005
and June
23,
2005.
Violation Notices L-
2005-01321
and L-2005-01 322
were sent to the property owners, Mr.
Roy
W.
Evans,
Jr.
and Mr.
Rex D.
Evans,
respectively.
The Violation Notices
were sent on
July
15,
2005.
No written
response was
received
from either property owner.
The coal combustion
waste (“CCW”), unidentified 55-gallon drums and
discolored soil on the
west side of the site are shown in the attached photos #001
through #003.
There was no change
in the condition of the
site in
this area since
the previous
inspection on
June 23,
2005.
The
fill
face of CCW along the south and west sides of the site
is
shown
in the attached photos
#004
through #006.
The attached photos #005
and #006 show wood
chips open dumped
in
several
areas along the fill
face.
The amount ofwaste
in the
fill
in this area remained uflchanged
since the June
23,
2005
inspection.
The wood
pallets,
scrap metal
and equipment along the eastern edge of the site are illustrated in
the attached photo #007.
During the June 2,
2005
inspection, oily discolored soil
and
gravel was
observed near two
5-
gallon buckets on
the east side of the site.
During the June 23,
2005
inspection,
the buckets were
no
longer present and
additional white rock was
observed on-top of the oily discolored soil
and
gravel in this
area.
The white rock
and the
oily discolored soil and gravel were still present
during
the October
13,
2005 inspection as shown
in the attached photo
#008.
The attached photo
#008
also
shows CCW
piles and
scrap metal.
The hopper is
located on top of a pile of CCW
on
the east
side of the
site.
LPC #1378100006
—
Morgan County
Road District
No.
ID/Evans
Waste materials on
the slope of the
fill
leading into
the ravine on the northeast corner of the
fill
were observed during
the past
two inspections.
The used tires
and plastic
5-gallon buckets have
been removed
from this area between the June 2,
2005
and June 23, 2005
inspection.
There has
been no
significant change in the amount of waste materials
in this area since the June 23,
2005
inspection.
The attached photos #009, #015
and #019 show
the damaged dimensional lumber,
scrap metal
and
other miscellaneous debris
in
this area.
The area near the garage is shown in the attached photos #010 through
#013
and #018.
The
dumpster with the large accumulation of 5-gallon plastic buckets that was observed during the
June 23,
2005
inspection \vas no
longer present.
There have been no
other changes to
this
area.
The 55-gallon drums,
discolored soil,
lead acid batteries, used tires and
miscellaneous debris
were still
observed in this location.
The damaged dimensiotial
lumber pile,
wood chips and broken
concrete north of the garage also
appeared unchanged since the previous inspection (see attached photo
#014).
-
The piles of wood
chips at
the edge of the fill
in
an area north of the garage appear unchanged
since the June 23,
2005
inspection (see attached photo #016).
Wood chips cannot be
used as
fill
without an Illinois
EPA permit.
Mr.
Rex
Evans
is aware of the
landscape
waste rules and
regulations as operator of an Illinois EPA permitted landscape waste transfer station
in
Quincy,
Illinois (PC
#00 10655258).
Overviews ofthe
CCW
and
wood chips on
the northern fill
face are shown
in
the attached photos
#017
and #020.
The CCV! adjacent
to
and in
the creek in the northeast corner of the site
is
shown in the attached photos #020.
Much of the
CCW has eroded off the slopes of the CCW
fill
and into
the
flood plain-of the creek.
A
large diameter culvert under Brunehaven Road to
the east
of the
fill was
draining a small
amount of water
into
the
creek.
There have been no
significant changes
to the site
since the June 23,
2005
inspection.
-
cc:
DLPC/FOS
Springfield Region
page
2
Illinois Environmental
Protection Agency
Bureau
of Land
LPC #1378100006
—
Morgan
County
Road District
No.
10/Evans
FOS
File
SITE
SKETCH
Id
Zo
P
October
13,
2005
inspection
Measurements
Approximate
Direction of Photo
*
6
4
It,
3
Al
It,
0
4’
‘t’
Cl
-Il
C’.
I
3
-
6A~ACDC
e-
s
,V\ib~44’j
CoAc~
4-
-7
Not to Scale
Illinois Environmental Protection Agency
Bureau
of Land
Division of Land
Pollution
Control
LPC #1378100006
—
Morgan
County
Road
District No.
10/Evans
FOS
File
DIGITAL PHOTOGRAPHS
Date:
13 October2005
Time: 2:19
pm
Direction:
E
Photo by:
M. Cozadd
Exposure#: 019
Comments:
Damaged
dimensional lumber and
scrap metal near
northeast corner of fill
Date:
13 October 2005
Time: 2:26
pm
Direction:
SW
Photo
by:
M.
Cozadd
Exposure #: 020
Comments: Overview of
northern fill face
of
coal
combustion waste and
wood thips
with creek in
foreground
-
.
.~:
~
~:-~‘
File Names:
1378100006—10132005-Exp.
#.jpg
Page 10 of 10
Illinois
Environmental
Protection Agency
Bureau of Land
Division of Land Pollution
Control
DIGITAL
PHOTOGRAPHS
LPC
#1378100006
—
Morgan
County
Road
District
No.
10/Evans
FOS File
Date:
13
October 2005
Time: 2:19pm
Direction: N
Photo by: M. Cozadd
Exposure#: 017
Comments: Overview of
coal combustion
waste
and wood chips
on
northern fill
face
Date:
13 October 2005
Time: 2:19 pm
Direction: SW
Photo
by:
M.
Cozadd
Exposure#:
018
Comments:
Overview of
damaged dimensional
lumber, 55-gallon drums
and used
tires near
garage
File
Names:
13781
00006—1
01
32005-Exp.
#~.jpg
Page 9 of 10
•
Illinois
Environmental
Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC #1378100006
—
Morgan County
Road
District No. 10/Evans
FOS File
Date:
13
October2005
Time:
2:17pm
Direction: NE
Photo by:
M.
Cozadd
Exposure#: 015
Comments: Damaged
dimensional lumber,
scrap metal
and other
waste
materials leading
down slope
into ravine
on northeast corner of
fill
Date:
13 October2005
Time: 2:18 pm
Direction: NW
Photo by:
M. Cozadd
Exposure #: 016
Comments: Wood
thips
on northern fill face
File Names:
1378100006—101
32005-Exp.
#.jpg
Page 8
of10
Illinois Environmental
Protection Agency
Bureau of Land
Division
of Land
Pollution
Control
LPC #1378100006
—
Morgan County
Road District No.
10/Evans
FOS File
DIGITAL
PHOTOGRAPHS
Date: 13 October2005
Time:
2:17 pm
Direction: E
Photo by:
M.
Cozadd
Exposure #: 013
Comments:
55-gallon
drums
near garage.
Three of the six drums
were empty.
File Names:
1378100006—10132005-Exp.
#1.jpg
Date:
13 October2005
Time:
2:17 pm
Direction: NE
Photo
by:
M.
Cozadd
Exposure #:
014
Comments:
Damaged
dimensional
lumber,
wood chips and
broken
concrete north
of garage
~*~‘
I
Page 7 of 10
•Illinois Environmental
Protection
Agency
Bureau of Land
Division
of Land
Pollution Control
LPC #1378100006
—
Morgan County
Road
District No.
10/Evans
FOS File
Date:
13 October 2005
Time: 2:16 pm
Direction:
N
Photo by: M. Cozadd
Exposure#: 011
Comments:
55-gallon
drums and
used tires
near garage.
Three of
the
six drums were
empty.
Date:
13
October 2005
Time:
2:16 pm
Direction: NW
Photo
by:
M. Cozadd
Exposure #:
012
Comments:
Used tires
near garage
DIGITAL
PHOTOGRAPHS
Page 6 of 10
Illinois Environmental
Protection Agency
Bureau of Land
Division of Land Pollution
Control
LPC #1378100006
—
Morgan County
Road District No.
10/Evans
FOS File
Back to top
DIGITAL PHOTOGRAPHS
Date:
13 October 2005
Time: 2:15 pm
Direction:
N
Photo by:
M.
Cozadd
Exposure #:
009
Comments: Damaged
dimensional lumberand
scrap metal near
northeast corner of fill
Date: 13 October2005
Time: 2:16pm
Direction:W
Photo by: M. Cozadd
Exposure#: 010
Comments: Used tires,
lead acid
batteries
and
other waste materials
near garage
- —.
-
..,_a.,tC....
-
.
..‘—~ —C,
.
,i$:’.
—.
.
,
File Names:
1378100006—10132005-(Exp.
#.jpg
Page
5 of 10
DIGITAL PHOTOGRAPHS
LPC #1378100006
—
Morgan County
Road District
No.
10/Evans
FOS
File
Date:
13 October2005
Time:
2:15 pm
Direction: N
Photo by:
M.
Cozadd
Exposure #:
007
Comments: Wood
pallets,
scrap metal and
equipment on east
side
of site
Date:
13 October 2005
Time:
2:15 pm
Direction:
NE
Photo by:
M.
Cozadd
Exposure #: 008
Comments:
Oily
discolored
gravel and
soil underwhite
rock in
area
where t~o
5-gallon
buckets
of used oil were
observed during the
June 2, 2005
inspection.
Pile of
coal
combustion
wasteon left side of
photo.
Scrap metal
also
observed in
photograph.
• IllinoiS Environmental
Protection
Agency
Bureau of Land
Division of Land
Pollution
Control
File
Names:
1378100006—101
32005-Exp.
#J.jpg
Page
4of 10
• Illinois Environmental
Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC
#1378100006
—
Morgan
County
Road
District
No.
10/Evans
FOS
File
Date:
13 October2005
Time: 2:13
pm
Direction: NE
Photo by:
M.
Cozadd
Exposure #:
005
Comments:
Coal
combustion
waste and
wood
chips
Date:
13 October2005
Time: 2:13
pm
Direction: SE
Photo by:
M.
Cozadd
Exposure #: 006
Comments:
Coal
combustion waste
File Names:
1378100006—10132005-Exp.
#.jpg
DIGITAL PHOTOGRAPHS
Page
3 of 10
Illinois
Environmental
Protection Agency
Bureau of Land
Division of Land
Pollution Control
File
Names:
1378100006—10132005-Exp.
#.jpg
LPC
#1378100006
—
Morgan County
Road
District
No.
10/Evans
FOS File
Date:
13 October2005
Time:
2:09 pm
Direction:
SE
Photo
by:
M.
Cozadd
Exposure #: 003
Comments:
55-gallon
drums on west side of
site
Date:
13
October2005
Time: 2:10 pm
Direction: SE
Photo by: M. Cozadd
Exposure #: 004
Comments:
Coal
combustion waste
DIGITAL PHOTOGRAPHS
t2?~
:j’~s1
•
••
Page 2 of
10
,
Illinoii Environmental Protection Agency
Bureau of
Land
Division of Land
Pollution
Control
LPC
#1378100006
—
Morgan County
Road
District
No.
10/Evans
FOS File
Date: 13 October2005
Time:
2:08 pm
Direction:
N
Photo by:
M.
Cozadd
Exposure #:
001
Comments:
Coal
combustion waste, 55-
gallon drums and other
materials
on west side of
site
Date:
13 October2005
Time:
2:09
pm
Direction: SE
Photo by:
M.
Cozadd
Exposure #:
002
Comments:
55-gallon
drums
and discolored
soil on
west side of site
DIGITAL PHOTOGRAPHS
-:
~
q
C
File Names:
1378100006—10132005-(Exp.
#.jpg
Page
1
of
10
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
FAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276
—
(
217)
782-3397
j~j~,cs
R.
THOMPSON CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
ft
60601
—(312) 814-6026
October 26,
2005
Roo
R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
SCOTT,
DIRECTOR
Mr.
Roy
W.
Evans, Jr.
13011
North 1050th Road
Macomb, IL
61455
Re:
Violation
Notice, L-2005-01321
LPC
#1378100006—Morgan County
Road District
No. 10/Evans
Compliance File
Dear Mr. Evans
Ocr
2 ~‘OO5
OL.
On October
13, 2005,
you
and your brother’s property near Murrayville, Illinois was inspected by
Michelle Cozadd
and
myself representing
the Illinois
Environmental
Protection
Agency.
This
inspection was
conducted
in accordance with Sections 4(c) and 4(d) ofthe Illinois Environmental
Protection Act (“Act”).
The purpose ofthis inspection was to determine compliance with the Act,
35
Illinois
Administrative
Code,
Subtitle
0
and
the apparent
violations
cited
in
the July
15,
2005
Violation Notice, L-2005-01321..
The previously cited apparent violations have not been corrected,
and
no response to the Violation Notice has been received.
A copy ofthis inspection report is enclosed.
Please note that this
matter
is currently under review by
the Illinois EPA’s Division ofLegal
Counsel.
If you have questions regarding this matter, please contact Mrs.
Cozadd at 217/786-6892.
David C.
Jansen
Springfield Regio
Field Operations Section
Division of Land Pollution
Control
DCJ/MEC/cp(G\MEC\Evans\AI ULR10142005doc)
Enclosure
cc:
DLC,
Greg Richardson
DLPC/Division File
DLPC/FOS
Springfield Region
RocK;oRD
—4302
North
Main StreeI, Rockford,
IL 61103
—(815) 987-7760
•
DES
PLAINES
—9511
W.
Harrison
St.,
Des Plaines, IL 60016
—(647) 294-4000
—595 Soulh
Stale, Elgin,
1160123— (847)608-3131
•
PEoRIA —5415
N. University St.,
Peoria, IL 61614—1309)
693-5463
BUREAU
OF LAND
-
PEORIA
—7620 N.
University
St.,
Peoria,
IL 61614—1309)
693-5462
•
CHM4PAIGN
—2125
South First
Street, Champaign,
IL 61820— (217) 278-5800
SPRINGFIELD
—45005.
Sixth Street Rd., Springfield,
1162706—1217)
786-6892
•
COLLINSVILLE
—2009 MaIl
Street, Collinsville,
IL 62234 —(618)
346-5120
MARION
—2309W.
Main
St.,
Suite
116, Marion,
IL 62959 —(618) 993-7200
Sipçere!y,
PRINTED
ON
R;cycr(o
PAPER
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601,
312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
Douglas P.
Scott, Director
October 26,
2005
Mr.
Rex D.
Evans
1868
Midway Road
Murrayville,
IlL
62668
Re:
Violation
Notice, L-2005-0I322
a.
~
LPC
#1378100006—Morgan County
Ocj- 2’
Road
District No.
10/Evans
Compliance File
lb_PA/b OJ_,
Dear Mr.
Evans:
On October
13, 2005,
you and your brother’s
property near Murrayville, Illinois was inspected by
Michelle
Cozadd
and
myself representing
the
Illinois
Environmental
Protection
Agency.
This
inspection
was conducted
in accordance with
Sections 4(c)
and 4(d) of the Illinois
Environmental
Protection
Act (“Act”).
The purpose ofthis inspection was to determine compliance with the Act,
35
Illinois
Administrative
Code,
Subtitle
G
and
the apparent
violations
cited
in
the
July
15,
2005
Violation Notice, L-2005-0 1322.
The previouslycited apparent violations have not been corrected,
and
no response to
the Violation Notice has been received.
A copy ofthis
inspection report is enclosed.
Please note that this matter is currently under review by
the Illinois
EPA’s
Division of Legal
Counsel.
If you have questions
regarding this
matter, please contact Mrs. Cozadd at 217/786-6892.
Sincerely,
David C.
Jansen
Springfield RegiothM~j~ñager
Field Operations Section
Division of Land Pollution Control
DCJ/MEC/cp(0:.MEC~EvansIA2ULRI0I42005doc)
Enclosure
cc:
DLC,
Greg Richardson
DLPC/Division File
DLPC/FOS
Springfield Region
ROCKFORD
—4302 North
Main Street,
Rdckford,
IL 61103—1815)987-7760
•
Dts
PLAINS
—
95(1
W.
Harrison
St.,
Des
Plaines,
IL 60016— (847)
294-4000
ELGIN
—595 South State.
Elgin,
IL 60123—1847) 608-3131
•
PEORIA
—5415
N. University
St.,
Peoria, IL 61614—1309)
693-5463
BUREAU
OF LAND-
PEORIA
—7620
N,
University
St.,
Peoria,
IL 61614—1309) 693-5462
•
CHAMPAIGN
—2125
South First Street,
Champaign,
IL
61820—1217)
278-5800
SPRINGFIELD
—4500S.
Sixth Street
Rd., Springfield,
IL
62706—121 7)786-6892
•
COLLINSVILLE
—2009 MalI
Street,
Coliinsville,
IL 62234
—(618) 346-5120
MARION
—2309W. Main
St.,
Suite
116, Marion,
IL 62959—1618) 993-7200
PRINTED
ON
RECYCLED
PAPER
PROOF OF SERVICE
Thereby certify that I did on the 9th day of July 2005, send by Certified Mail, Return Receipt
Requested, with postage thereon fullyprepaid, by depositing in a United States Post Office Box
a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAViT, and OPEN DUMP INSPECTION CHECKLIST
To:
Rex D.
Evans
Roy W. Evans~Jr.
1868 MidwayRoad
13011N1050t
Road
Murrayville, IL
62668
Macomb, IL
61455
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
-
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
.
THIS FILING
SUBMIflEDONRECYCLED PAPER
