RECEIVE
CLERK'S OF —-
MAR 1 4 2D06 i
Pollution
STATE OF
Control
ILLIIWU"idS
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 4101 .400(a).
RICK LINNABURY,
Respondent.
NOTICE OF FILING
To : Rick Linnabury
7909 IL Hwy 49
Kansas, IL 61933-6023
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,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
THIS FILING SUBMITTED ON RECYCLED PAPER
I
Michelle
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: March 8, 2006
RECEI
VED
MAR 1 4 2006
M
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Pollution
STATE OF
Control
ILLINOIS
Board
Complainant,
V .
AC
(t
.'~
0
(IEPA No
. 44-06-AC)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
ADMINISTRATIVE CITATION
MAR 1 4 2006
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
) Pollution Control Boarti
PROTECTION AGENCY,
)
Complainant,
)
AC (G '"30
v.
)
(IEPA No . 44-06-AC)
RICK LINNABURY,
)
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 Rick Linnabury ("Respondent") is the present operator of a facility located at 708
North Broadway Street, Newman, Douglas County, Illinois . The property is commonly known to the
Illinois Environmental Protection Agency as Newman/Linnabury, Rick
.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 0410255012 .
3.
That Respondent has operated said facility at all times pertinent hereto .
4 .
That on February 2, 2006, Mike Mullins 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 Mike Mullins during the course of his February 2,
2006 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 the 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), 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 Three Thousand Dollars ($3,000 .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 April 15, 2006,
unless otherwise provided by order of the Illinois
Pollution Control Board .
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 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 .
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
against the Respondent 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 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 (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
.
Date:
S) ,
k lob
ouglas
Scott, Director
Ay
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
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
MAR I 4 2006
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION AGENCY,
)
Pollution Control Board
Complainant,
)
AC
c~CQ
` e 3U
V .
)
(IEPA
No . 44-06-AC)
RICK LINNABURY,
)
Respondent.
)
FACILITY
:
Newman/Linnabury, Rick
SITE CODE NO.:
0410255012
COUNTY
:
Douglas
CIVIL PENALTY:
$3,000 .00
DATE OF INSPECTION :
February 2, 2006
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 )
PROTECTION AGENCY,
)
Complainant, )
IEPA DOCKET NO.
RICK LINNABURY
)
Respondent,
)
Affiant, Mike Mullins, 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 February 2, 2006, between 10 :00 A .M . and 10:20 A .M., Affiant conducted an
inspection of the site in Douglas County, Illinois, known as the Rick Linnabury, AKA
"Newman School", Illinois Environmental Protection Agency Site No
. 0410255012.
3 . Affiant inspected said Rick Linnabury site by an on-site inspection, which included
walking the site
.
4 . As a result of the activities referred to in Paragraph 3 above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of Affiant's
knowledge and belief, is an accurate representation of Affiant's observations and factual
conclusions with respect to the Rick Linnabury site
.
Subscribed and Sworn to before me
this i\-\ day of rebtvu-ti ,
2006 .
Notary Public
Mike Mullins
OFFICIAL SEAL
SHARONLBARGER
NOTARY PU&IC-STATE OF ILL*SS
MY COMMISSION EXPIRES
: 0&1606
Location/Site Name :
Newman/Linnabary, Rick
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Douglas
LPC#:
0410255012
Region : 4 - Champaign
Date :
02/02/2006 Time: From 10:00 A.M To 10:20 A.M Previous Inspection Date: 11/04/2005
Inspector(s):
Mike Mullins
No . of Photos Taken
: #
10 Est. Amt. of Waste : 200
yds3 Samples Taken: Yes #
Interviewed :
No one
Complaint #:
Latitude : 39.80430
Longitude : -87 .98448
Collection Point Description : Site Entrance - +/- 20
(Example : Lat. : 41 .26493
Collection Method : GPS - Garmin GPSMAP 76S
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
Long . : -89 .38294)
Rick Linnabary
709 W. Green Street
Newman, IL 61942
(217) 837-2004
(Open Dump - 1)
Weather: 40 Degrees, Overcast, muddy
No
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS -
1 . 9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN
ILLINOIS
2. 9(c)
CAUSE OR ALLOW OPEN BURNING
3. 12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4. 12(d)
CREATE A WATER POLLUTION HAZARD
5. 21 (a)
CAUSE OR ALLOW OPEN DUMPING
FN
6. 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
V
(2)
In Violation of Any Regulations or Standards Adopted by the Board
OR
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
03
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
OR
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
LPC #
0410255012
Inspection Date
:
02/02/2006
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
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(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 10/5/2005
(Open Dump
-
2)
(7)
Deposition of General Construction or Demolition Debris
; or Clean Construction or
Demolition Debris
~~
,
9. 55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE C
10. 812 .101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE
A
LANDFILL
10
11 . 722 .111
HAZARDOUS WASTE DETERMINATION
12. 808.121
SPECIAL WASTE DETERMINATION
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
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: ( ) PCB; ( ) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON
:
15. OTHER :
16. 807.201
No person shall cause or allow the development of any new solid waste
management site or cause or allow the modification of an existing solid
waste management site without a Development Permit issued by the
Agency
.
17. 807.202
All applications for Operating Permits shall be submitted to the Agency
at least 90 days prior to the date on which such permit is required
Illinois Environmental Protection Agency
Bureau of Land ,Field Operations Section * Champaign
0410255014--Douglas County
Newman/Linnabary, Rick .
Inspection Date : February 2, 2006
Inspector
: Mike Mullins
FOS File
General Comments :
GIS Data : Latitude-
N
39.80430
4,
Longitude-W 087,98448 4 (Garmin GPSMAP76S) EPE +/-
20'
Ownership: Confirmed by deed from the Recorders Office, Douglas County Courthouse to
belong to Rick Linnabury .
This property is the previous Newman High School
. The school district sold the property in
1994 to Raymond Orwick and family
. The Orwick's lived in part of the school until 2004
when they left Newman for Broadlands . It was on November 10, 2004 that the property sold
to Rick Linnabary who resides in Newman .
This inspection was a follow-up to an inspection conducted with Douglas County Health
Department on February 18, 2004 and my previous inspection on November 4, 2005 .
Inspection on November 4, 2005 resulted in Mr . Linnabury receiving an Administrative
Citation Warning Notice for Open Dumping, white goods, and tire violations . Mr
. Linnabury
phoned the IEPA Office on December 2, 2005 and stated that he would comply with cleaning
up the debris around the outside of the school by the suspense date of February 1, 2006 .
The purpose of this inspection was to determine regulatory status and evaluate compliance
with the Environmental Protection Act (Act) and Title 35 Illinois Administrative Code, .
Subtitle G
: Land Pollution (Regulations) .
February 2, 2006 Observations :
I arrived at the property about 10
:00 am, the weather was 40 degrees, overcast skies, and
wet/muddy conditions
. The site is on the west side of North Broadway Street just north of
High Street .
When I arrived, no one was on-site to interview . The property at this location is scattered with
debris consisting of wood, shingles, appliances, vehicle batteries, furniture, carpeting,
clothing, heating ducts, bum barrels, and a partially demolished/collapsing structure
.
Observed was approximately 200 cubic yards of mixed waste to include dimensional lumber,
plywood, shingles, steel, plastic, clothing and appliances
.
There appears to have been no progress made to remove any of the debris from the site
. It also
appears that additional debris has been discarded at the site . Additional items include
additional appliances have been placed on the old tennis courts (photos 1,2),
six vehicles in
the parking lot on the east side of the building (photo 4), and metal, appliances and other
debris on the east side of the building (photo 7)
.
As stated in the previous inspection report, The current owner of the property has removed the
windows and doors from the building
. The building is not secure and can not be easily
secured because of the number of unrestricted openings
. No attempts have been made to
secure the facility and prevent trespass
.
Observed though a window frame was one of the lower rooms in the building and exposed
pipe wrap that is potentially asbestos containing was easily visible
.
With no restriction to trespass, this building is a threat to vandalism, trespass by curious
individuals. Trespassing in this building is a hazard due to the possible asbestos presence and
the threat of falling debris
; the building's roof has already fallen onto the third floor .
Apparent continuing violations observed during this inspection :
Environmental Protection Act
. 415 ILCS 5/1 et . Seq. (formerly Ill . Rev . Stat . Ch. 111 1/2,
1001 et . Seq
.) {hereinafter call the "Act"}
#1
Pursuant to Section 21 (a) of the Act, no person shall cause or allow the open dumping
of any waste.
A violation of Section 21 (a) is alleged for the following reason
: evidence of open
dumping of waste, including dimensional lumber, plywood, shingles, steel, plastic,
furniture and appliances were observed during the inspection
.
#2
Pursuant to Section 21(d)(1) of the Act, no person shall conduct any waste-storage,
waste-treatment, or waste-disposal operation without a permit granted by the Agency
.
A violation of Section 21(d)(1) is alleged for the following reason
: waste disposal
and/or storage operation is being conducted without a permit granted by the
Agency.
#3
Pursuant to Section 21(d)(2) of the Act, no person shall conduct any waste-storage,
waste-treatment, or waste-disposal operation in violation of regulations adopted by the
Illinois Pollution Control Board.
A violation of Section 21(d)(2) is alleged for the following reason :
a waste disposal
and/or storage operation is being conducted in violation of regulations adopted
by the Illinois Pollution Control Board
.
2
#4
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 of the Act and
of Regulations and Standards thereunder .
A violation of Section 21(e) is alleged for the following reason : Wastes were being
disposed and/or stored at this facility which does not meet the requirements of
the Act and regulations & standards thereunder
.
#5
Pursuant to Section 21(p)(1) of the Act, no one shall cause or allow the open dumping
of any waste in a manner which results in litter .
A violation of Section 21(p)(1) is alleged for the following reason : evidence of open
dumping resulting in litter was observed during the inspection .
#6 Pursuant to Section 21(p)(7) of the Act . No person shall cause or allow the open
dumping of any waste in a manner which results in the deposition of general
construction or demolition debris ; or clean construction or demolition debris
.
A violation of Section 21(p)(7) is alleged for the following reason : Evidence of open
dumping of wastes resulting in the deposition of general demolition/construction
debris was observed during the inspection of this site
.
35 Illinois Administrative Code . (Title 35 : Environmental Protection, Subtitle G
: Land
Pollution, Chapter I: Pollution Control Board) [Regulations]
#7
Pursuant to Section 812.101 (a) of the Regulations, all persons, except those
specifically exempted by Section 21(d) of the Act, shall submit to the Agency an
application_ for a permit to develop and operate a landfill
. .
A violation of Section 812 .101(a) is alleged for the following reason : this waste
storage site has not submitted an application to the Agency for a permit to
develop and operate a landfill.
#8
Pursuant to Section 807 .201 of the Regulations, no person shall cause or allow the
development of any new solid waste management site or cause or allow the
modification of an existing solid waste management site without a Development
Permit issued by the Agency
.
A violation of Section 807
.201 is alleged for the following reason :
the property
owner has not submitted an application to develop a new solid waste
management facility at this location
.
3
#9
Pursuant to Section 807.202 of the Regulations, no person shall cause or allow the use
or operation of any solid waste management site for which a Development Permit is
required under Section 807.201
without an Operating Permit issued by the Agency,
except for such testing operations as may be authorized by the Development Permit
.
A violation of Section 807 .202 is alleged for the following reason :
the property
owner has not submitted an application to operate a new solid waste management
facility at this location for which a developmental permit was required .
4
Illinois Environmental Protection Agency N
LPC # 0410255012--Douglas County
Newman/Linnabary,
Rick
Site Map
Insp . Date 2 / 2 / 2006
Map not to Scale
Arrows indicated direction
and location of Photos
Site Photos
Photo 1-10 @
10:00-10
:20 am
Tennis Courts
High Street
9.
d
Newman High
School (old)
De0s
Gymnasium
<= 8.
fe ':AN
K41
•,
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #0410255012 - Douglas County
NewmaNLinnabary, Rick
FOS File
DATE: - February 2, 2006
TIME: 10:00-10:20 AM
DIRECTION: East
PHOTO by : Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-001 .jpg
COMMENTS:
DATE: February 2, 2006
TIME
: 10:00-10:20
AM
DIRECTION: Southeast
PHOTO by: Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-002
.jpg
COMMENTS :
Illinois Environmental Protection Agency
Bureau of Land
LPC #0410255012 - Douglas County
Newman/Linnabary, Rick
FOS File
DATE: - February 2, 2006
TIME: 10:00-10:20 AM
DIRECTION : West
PHOTO by: Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-003 .jpg
COMMENTS:
DATE
: February 2, 2006
TIME
: 10:00-10:20 AM
DIRECTION : Northwest
PHOTO by: Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-004.jpg
COMMENTS:
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC #0410255012 - Douglas County
Newman/Linnabary, Rick
FOS File
DATE: - February 2, 2006
TIME: 10:00-10:20 AM
DIRECTION : South
PHOTO by: Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-005 .jpg
COMMENTS:
DATE: February 2, 2006
TIME
: 10:00-10:20
AM
DIRECTION : Southwest
PHOTO by
: Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-006.jpg
COMMENTS:
DIGITAL PHOTOGRAPHS
Illinois Environmental Protection Agency
Bureau of Land
LPC #0410255012- Douglas County
NewmanlLinnabary, Rick
FOS File
DATE: - February 2, 2006
TIME: 10:00-10:20 AM
DIRECTION: North
PHOTO by: Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-007.jpg
COMMENTS :
DATE: February 2, 2006
TIME: 10:00-10:20 AM
DIRECTION: West
PHOTO by: Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-008 .jpg
COMMENTS :
DIGITAL PHOTOGRAPHS
LPC #0410255012 - Douglas County
NewmanlLinnabary, Rick
FOS File
DATE
: -
February 2, 2006
TIME: 10:00-10:20 AM
DIRECTION : Southeast
PHOTO by: Mike Mullins
PHOTO FILE NAME :
0410255012-02022006-009 .jpg
COMMENTS:
DATE
: February 2, 2006
TIME: 10:00-10:20 AM
DIRECTION : West
PHOTO by: Mike Mullins
PHOTO FILE NAME
:
0410255012-02022006-010 .jpg
COMMENTS:
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
State of Illinois
County of Champaign
) SS
I, the undersigned, a Notary Public for the State of Illinois, certify that RAYMOND E.
ORWICK and JOYCE R
. ORWICK, husband and wife, personally known to me to be the
same persons whose names are subscribed to the foregoing instrument, appeared before me this
day in person and acknowledged that they signed, sealed and delivered the said instrument as
their free and voluntary act, for the uses and purposes therein set forth, including the waiver of
the right of homestead .
Dated: 1\-\ p--
241916
Filed
: i1/1510.00
AM
James Ingram, Recordar
Douglas
county IL
2of3
Dated this day
of o
V , ^3 c1, 2004.
OND E. ORWICK
JOY WICK
OR
"OFFICIAL SEAL"
Nolan C
. Craver, Jr
.
Notary Public, State of Illinois
My Commission Exp
.07/1912007
40=40~111 Val,_
(217) 367-1131
--------------------------------------------------------
EXEMPT under provision of Paragraph_, Section 4, Real Estate Transfer Tax Act
Date Signature Buyer,
Seller or Representative
Deed Prepared By :
Return Recorded Deed to :
Send Tax Bill to :
Nolan C . Craver, Jr,
Rick Linnabary
Rick Linnabary
Middleton, Craver & Keller
709 W
. Green St.
709 W. Green St.
210 N. Broadway Ave .
Newman, IL 61942
Newman, IL 61942
Urbana, IL 61801
'71196°
241916
Fied 11/15200410
:00AM
James Inaram, Recorder
r
Dagtas County It
100
Q
COWry TAX
P~ p~
C
WARRANTY DEED
The GRANTORS, RAYMOND E . ORWICK and JOYCE R
. ORWICK,
husband
and wife, of the County of Champaign and State of Illinois, for and in consideration of Ten
Dollars ($10.00)
and other good and valuable consideration in hand paid, CONVEY and
WARRANT to the GRANTEE, RICK LINNABARY, of the County of Douglas and State of
Illinois, the real estate described on Exhibit A, attached hereto and incorporated herein by this
reference.
Subject to: (1)
Real estate taxes for the year 2004
and subsequent years ;
(2)
Covenants,
conditions, restrictions, easements and encroachments
apparent or of record ;
(3)
All applicable zoning laws and ordinances .
hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws
of Illinois .
241916
Filed: 11115/2004 10
:00 AM
James Ingram, Recorder
Douglas County
IL
3of3
Exhibit A
Legal Description
From a stone marking the Northeast comer of the Northwest Quarter of Section 31, Township 16
North, Range 14 West of the Second Principal Meridian, measure Westerly along the North line
of
of said
beginningSection
; thence
31 for
Southerly
a distance
181of
.5
380feet
.0 feetto ;
the
thence
center
Southerly
line of the
187.5
abandoned
feet to a
highway,
point for
formerlya
place
extending in a Northeast and Southwest direction across the Northeast Quarter of the Northwest
Quarter of said Section 31
; thence Northeasterly along the center line of said abandoned highway
to
beginning,
a point 186and
.67
containing
feet East
0of
.39
the
acres
place
more
of
or
beginningless,
situated
; thence
in
Westerly
Douglas County,
186.67
Illinoisfeet
to the
.
place of
AND Beginning 12 feet North of the Southeast comer of the Northeast Quarter of the Northwest
Quarter of Section 31, Township 16 North, Range 14 West of the Second Principal Meridian
;
feetthence
; thence
North on
South
the
476
Half
feetSection
; thence
line
East
(variation
366 feet
North
to the
5 degrees
place of
East)
beginning,
476 feetcontaining
; thence West
4 acres366
more or less, situated in the Southeast Quarter of the Northeast Quarter of the Northwest Quarter
of said Section 31, Township 16 North, Range 14 West of the Second Principal Meridian,
situated in Douglas County, State of Illinois
; and also
AND all that part of the Northeast Quarter of the Northwest Quarter of Section 31, Township 16
North, Range 14 West of the Second Principal Meridian, lying East of King Street extended in
the City of Newman, and lying South and East of an angling road, running in a Northeasterly
direction from said King Street extended to the North line of said Section 31, at the Northeast
comer of the Northwest Quarter of said Section 31 EXCEPTING THEREFROM THE
FOLLOWING
: Beginning 12 feet North of the Southeast comer of the Northeast Quarter of the
Northwest Quarter of Section 31, Township 16 North, Range 14 West of the Second Principal
Meridian
; thence North on half section line (variation North 5 degrees East) 476 feet
; thence
West 366 feet
; thence South 476 feet ; thence East 366 feet to the place of beginning (containing
4
.17 acres) situated in the Southeast Quarter of the Northeast Quarter of the Northwest Quarter
of said Section 31, Township 16 North, Range 14 West of the . Second Principal Meridian,
containing in all about 5
.87 acres, situated in Douglas County, State of Illinois
. EXCEPT the
North 187 .5 feet thereof.
Permanent Parcel Index Number
: 07-06-31-318-001
Common Address
: 708 N . Broadway, Newman, Illinois
PROOF OF SERVICE
I hereby certify that I did on the 8th day of March 2006, 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 of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To: Rick Linnabury
7909 IL Hwy 49
Kansas, IL 61933-6023
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
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
is el
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
