RECEIVED

CLERK’S OFFICE

NOV

1

42005

STATE OFILUNOIS

Pollution Contrpl

B1aff

INFORMATIONAL NOTICE!!!

(f2V

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

~

142005

ADMINISTRATIVE CITATION

STATE

OF

IWNOIS

Pollution Control

Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

AC

ü&

)

v.

)

(IEPA No. 443-05-AC)

)

REX D.

EVANS and ROY W.

EVANS, JR.,)

)

Respondents.

)

NOTICE OF FILING

To:

Rex D.

Evans

Roy W. Evans~Jr.

l868MidwayRoad

13011N

1050t

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

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:

November 9, 2005

THIS

FILING

SUBMITFED ON

RECYCLED PAPER

---

BEFORE THE ILLINOIS

POLLUTION CONTROL

BOARD

CLERK’S OFFICE

ADMINISTRATIVE CITATION

NOV

142005

STATE OF IWNOIS

Pollution Control

Board

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

)

AC

V.

)

(IEPA

No.

443-05-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 0.

Evans

is

the

operator (collectively ‘Respondents’) of a facility

located

as follows:

Part of the Northeast

Quarter of the Northeast Quarter of Section Six in Township

Thirteen North and

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.

11/Evans.

2.

That

said

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection Agency Operating

Permit and

is designated ‘Mth

Site Code No.

1378110004.

3.

That

Respondents have owned/operated

said

facility at all times pertinent

hereto.

4,

That on

October 13,2005,

Michelle Cozadd of the Illinois

Environmental Protection

Agency’s

Springfield

Regional

Office

inspected

the

above-described

facility.

A

copy

of

her

1

---

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’herOctober

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 5/21(p)(1)

(2004).

CIVIL PENALTY

Pursuant to

Section 42(b)(4-5) of the

Act, 415

ILCS

5142(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

One

Thousand

Five

Hundred

Dollars

($1,500.00).

If

Respondents elect

not

to

petition

the

Illinois

Pollution

Control

Board,

the statutory

civil

penalty

specified

above shall

be

due

and

payable

no

later than

December

30,

2005.

unless

otherwise

provided

by order of the Illinois Pollution

Control Board.

IfRespondents elect 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,

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

2

---

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,

lO2lNorth

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.

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

Illinois

Pollution Control

Board,

interest

on

said

penalty and/or

hearing

costs

shall

be

assessed

against the Respondentsfrom 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 Respondents in Circuit Court to collect said penalty and/or hearing costsrplusany 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.

f?

Sca&f

Date:

_____

Douglas P~cott,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

REMITTANCE FORM

CLERI~S

OFFICE

NOV

1

42005

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

)

STATE OF IWNOIS

Pollution

Control

Board

Complainant,

)

AC

~‘~_

ii

v.

)

(IEPA

No. 443-05-AC)

REX

D.

EVANS and

ROYW. EVANS,

JR.,

Respondents.

FACILITY:

Road

District

No.

11/Evans

SITE

CODE NO.:

1378110004

COUNTY:

Morgan

CIVIL PENALTY:

$1,500.00

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

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

AFFIDAVIT

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant

vs.

)

IEPA DOCKET

NO.

REX

D. EVANS AND

ROY W.

EVANS, JR.,

Respondents

Affiant, Michelle F. Cozadd, being first duly sworn, voluntarily deposes and

states as follows:

I.

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 2:20

PM and 2:25

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.

I I/Evans by the

Illinois Environmental Protection Agency.

Said site has been assigned site code number

LPC #1378 110004 by the Illinois Environmental Protection Agency.

3.

Affiant inspected said

Road District No.

Il/Evans open

dump site by

an on-site

inspection that

included walking and photographing the site.

4.

As

a result ofthe 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 Afuiant’s observations and

factual conclusions with respect

to said Road District No.

11/Evans open dump.

n-~)~i~/1~

C

4JL

Michelle F. Cozad&’

Subscribed and

Sworn To before me

This.5/dayof

~c~.td-tc.~

~qc&5

-,~

-:

OFF1C~

-

SEAL

-

POWELL

~

~3:~’

~

-

--

OF

~LLIN0lS

Ccv-

.~

‘,

H

—5.

2008

---

-

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Open Dump

Inspection

Checklist

Location/Site Name:

Road District

No.

11/Evans

Date:

10.13.05

Time:

From

2:20

pm

Inspector(s):

Michelle Cozadd

& David Jansen

No. of Photos Taken:

#

3

Est.

Amt.

of Waste:

Interviewed:

To

2:25 pm

Previous

Inspection

Date:

Weather:

70°Fand sunny

yds3

Samples Taken:

Yes #

Complaint

#:

0-05-120-C

Responsible

Party

Mailing Address(es)

and

Phone

Number(s):

County:

Morgan

LPC#:

1378110004

Region:

5

-

Springfield

200

06.23.05

No

X

Rex

D.

Evans

1868

Midway

Murrayville,

IL

217.882.2081

217.473.5976

Road

62668

(home)

(cell)

RoyW.

Evans, Jr.peacrJv

13011

N

lOSOth

R

Macomb,

IL

61455

OCT

309.837.1782

jgp,~

2

7

~OO5

Thr~.

I

~

t-/

~J¼Jj.,

I______

SECTION

DESCRIPTION

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

1

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

DISPOSE,

TREAT, STORE,

OR ABANDON

ANY WASTE,

OR TRANSPORT ANY

WASTE

INTO THE STATE AT/TO

SITES

NOT MEETING

REQUIREMENTS OF

ACT

X

7.

21(e)

AND

REGULATIONS

CAUSE OR ALLOW THE

OPEN

DUMPING OF ANY

WASTE

IN A MANNER

WHICH

RESULTS

8.

21(p)

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)

Proliferation

of Disease

Vectors

d

!_________

(6)

Standing or

Flowing_Liquid_Discharge from

the

Dump Site

I

Revised

06/18/2001

(Open Dump

-

1)

---

LPC #1378110004

Inspection Date: October 13, 2005

7

Deposition

of General

Construction

or Demohtion

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

(2)

Cause

or

Allow Open

Burning

of 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

12.

808.121

SPECIAL WASTE DETERMINATION

ACCEPTANCE

OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A

WASTE

HAULING

PERMIT,

UNIFORM

WASTE PROGRAM

REGISTRATION AND

13.

809.302(a)

I_____

OTHER REQUIREMENTS

14.

APPARENT

VIOLATION

OF:

(

)

PCB;

(

)

CIRCUIT COURT

CASE

NUMBER:

ORDER

ENTERED

ON:

15.

/~1~/~J~

~

Sign~1ureof

Inspector(s)

Informational

Notes

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

shouftk

not be

corrstn.re’d ‘asHagal

conclusions

of

the Agency or as’Iimiting the Agency’s statutory or regulatory powers.

Requirements of some statutes

and

regulations cited

are in summary

format.

FuH 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 ,~ct.

S.

This inspection

was conducted

in accordance with

Sections

4(c)

and 4(d) of the

Illinois

Environmental

Protecuon Act:

415

LCS

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

To:

DLPC/Division File

FROM:

Michelle Cozadd,

DLPC/FOS

Springfield Region

SUBJECT:

LPC #1378110004—

Morgan County

~C

T

2

7

20Q5

Road District No.

11/Evans

—

FOS

File

CPA/sot

The purpose of this memorandum

is

to

serve as the narrative

for a

re-inspection conducted

on

October

13,

2005.

Mr.

David Jansen, DLPC/FOS

Springfield

Regional

Manager accompanied

me on

the re-inspection that took place between 2:20 pm and 2:25

pm.

Three digital photographs

were taken.

The weather conditions were sunny and

approximately 70°F. No

one

was

interviewed during the re-inspection.

The piles of wood chips

are shown

in

the attached photographs #001

and #003.

Wood

chips

cannot be uscd as

fill without

an

Illinois

EPA peniiit.

The attached photograph #003

shows

the

pile

of damaged dimensional

lumber and scrap

metal on the

east

side of the

pond.

This

site was

previousl\

inspected

on

June

2,

2005

and June 23, 2005.

Apparent open

dumping

violations

were cited

during

both

inspections.

The property owners,

Mr.

Rex

D.

Evans

and

Mr.

Roy

W.

Evans, Jr..

were sent

Violation

Notices

L-2005-01324 and

L-2005-01323,

respectively.

The Violation

Notices

were sent

on July

15,

2005.

There have been

no

written

responses

to

the

Violation Notices

from

Mr.

Rex D.

Evans or Mr.

Roy

W.

Evans,

Jr.

There has been

no

change

to the site since the initial

inspection

on June

2, 2005

or since the

previous

inspection on June 23, 2005.

cc:

DLPC/FOS Springfield

Region

page

1

---

Hhinois Environmental Protection

Agency

Bureau of

Land

SITE

SKETCH

M~D’.’P”1

R’.\c

LPC #1378110004—Morgan

County

Road

District

No.

11/Evans

FOS

File

~RCftJE

l.kAveAJ

RCA

0

//

1~~

~

J///

,~

~es

1-9’

ScRAP

//

M~T~LL

P4MN~~O

P

~A ~

Aj

L)-~~~

BitR._

October

13, 2005

Inspection

Measurements

Approximate

Direction of Photo

*

Not

to Scale

tt~

E

Illinois Environmental

Protection

Agency

LPC #1378110004 — Morgan County

DIGITAL

PHOTOGRAPHS

Road District No.

11/Evans

FOS

File

Date:

13

October

2005

Time:

2:21

pm

Direction: SE

Photo by:

M.

Cozadd

Exposure #:

001

Comments:

Piles

of

wood chips

Date:

13 October2005

Time: 2:22 pm

Direction: E

Photo by:

M.

Cozadd

Exposure #:

002

Comments:

Pile of

damaged dimensional

Bureau of Land

Division

of Land

Pollution

Control

Page

1

of

2

---

~\

Illinois

Environmental

Protection Agency

LPC #1378110004 — Morgan County

Division

of Land

Pollution Control

DIGITAL PHOTOGRAPHS

Road

District No.

11/Evans

FOS File

File Name: 1378110004-’10132005-Exp.

Date:

13

October 2005

Time: 2:22

pm

Direction:

N

Photo by:

M.

Cozadd

Exposure #:

003

Comments:

Piles of

wood

chips

1

L.t.

c

~

~‘~!

•~ I_

~jS

1.1

Page 2

of

2

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVNU

EAST,

P.O.

Box

19276,

SPRINGrIELD,

ILLINOIS

62794-9276 —(217)

782-3397

JAMES

R,

THOMPSON

CrNTER,

100

WEST

RANDOLPH,

SI.JITE

11-300, CHICAGO,

IL

60601

—(312) 814-6026

ROD

R.

BLAGOJEVICF-A,

GOVERNOR

DOUGLAS

P.

SCOTT,

DIRECTOR

October 26,

2005

Mr. Roy

W.

Evans, Jr.

13011 North lOSOth Road

Macomb, IL

61455

-~te

7

,~‘

Re:

Violation

Notice, L-2005-01323

“~

~

LPC#1378l10004—MorganCounty

Ocr

2 72~

Road District No.

li/Evans

.

u05

Compliance File

ItFA/SQL

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(e) and 4(d) of the Illinois

Environmental

Protection Act (“Act”).

The purpose of this inspection

was to determine compliance with the

.Act, 35

Illinois

Administrative

Code,

Subtitle

G

and

the

apparent

violations

cited

in

the

July

IS.

2005

Violation Notice, L-2005-0l323.

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 reviewby

the

Illinois

EPA’s

Division of Legal

Counsel.

Ifyou have questions

regarding this

matter, please contact Mrs.

Cozadd

at 217/786-6892.

Sincerely,

01iJ

David C.

Jansei

Springfield

Regi~n..Manager

Field Operations

Section

Division of Land Pollution Control

DCJ.’MEC/cptG.NIEC’.C”aiis

‘NC ULR

10142005

doc)

Enclosure

cc:

DLC, Greg Richardson

DLPC/Division File

DLPC(FOS

Springfield

Region

ROCKFURD

—

4302

Noah

Main

Street,

Rockford, IL

51103

—

(8151

987-7760

•

Dcs

PLAINES

—

9511

W.

Harrison

SI., Des

Plaines,

IL 60016—

847)

294-4000

LOIN —595

South

Sute,

EIg,n,

IL 60123

—

(847) 608-3131

•

PtURiA

—

5415

N

University St.,

Peoria,

IL

61614 —(3091 693-5463

BUREAU OF

LAND-

PFC)RIA

—7620

N.

University

St.,

Peoria,

IL

61614—1309) 693-5462

•

CHAMPA,CN

—2125 South

First Street,

Champaign,

IL 61820 —(217) 278.5800

SPRINGFIELD

—4500

S

Sixth

SIred

Rd.. Springiield,

IL

62706

—

(217) 786-6892

•

CDLLINSVILLE

—2009 MaIl

Street. Collinsville,

IL

62234

—

(6181 346-5120

MARION

—2309 W.

Main

St.,

Suite

116,

Marion,

IL

62959 —(618) 993-7200

PRINTED ON

RECYCLED

PAPER

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLiNOIS

62794.9276 —(217)

782-3397

friarS

R,

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300, CE-OCAGO,

IL

60601

—(312) 814-6026

ROD

R.

BLAGOJEVICH,

GOVERNOR

DOUGLAS

P.

SCOTT,

DIRECTOR

October 26, 2005

Mr.

Rex

D.

Evans

1868

Midway Road

Murrayville,

IL

62668

Re:

Violation

Notice, L-2005-01324

LPC #1378110004— Morgan County

Road District

No.

Il/Evans

OCT

2

7

2005

Compliance

File

-

—

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 of this 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 1324.

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 of Legal

Counsel.

If you have questions regarding this

matter, please contact Mrs.

Cozadd

at 217/786-6892.

Sincerely,

David

C.

Jansen

Springfield Region

Field Operations

Section

Division of Land Pollution

Control

DCJ

NIEC’cp(G:-MEC”--Evaiis-V.’C2ULR

I0142005doc)

Enclosure

cc:

DLC,

Greg Richardson

DLPC/Division

File

DLPC/FOS Springfield

Region

ROCKIORD

—

4302

North Main

Street,

Rocklord,

IL

61103

—181

SI 987-7760

•

DES

PLAINES

—

9511

W.

Harrison

St.,

Des Plaines,

IL

60016

—

(847) 294-4000

ELGIN

—595 South

State,

Etgin,

IL 60123

—

(8471

608-3131

•

PEORIA

—

5415

N.

University St.,

Peoria,

IL

61614 —(309) 693-5463

BUREAU

OF

LAND

-

PEORIA

—

7620

N,

University

SI,,

Peoria,

IL

61614

—

309) 693-5462

•

CHAMPAIGN

—

2125

South

First

Street,

Champaign,

IL

61820

—

(217) 278-5800

SPRINGFIELD

—4500

S.

Sixth Street Rd., Springfield,

IL

62706— (2171

786-6892

•

COLLINSVILLE

—

2009

MalI

Street, Cotlinsville,

IL

62234 —(618)

346-5120

MARiON

—

2309 W.

Main

St.,

Suite

1

6, Marion,

IL 62959—161

St

993-7200

tger

PRINTtD ON

RECYCLED

PAPtR

---

PROOF OF SERVICE

I hereby certify that I did on the 9th day ofJuly 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.

EvanshJr.

1868 Midway Road

13011

N

1050t

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

MichelI~

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

SUBMfl1TED ON RECYCLED PAPER