ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V .
LARRY PAYNE SR.,
Respondent .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
To : Larry Payne Sr .
24722 N
. Barnes School Road
Marietta, IL 61459
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,
NOTICE OF FILING
(IEPA No . 99-06-AC)
Michel e 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: May 31, 2006
THIS FILING SUBMTTTED ON RECYCLED PAPER
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 Larry Payne Sr
. ("Respondent") is the present operator of a facility located at
24722 N . Barnes School Road, Marietta, Fulton County, Illinois . The property is commonly known to
the Illinois Environmental Protection Agency as Payne, Larry .
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No . 0578110004 .
3.
That Respondent has owned and operated said facility at all times pertinent hereto .
4.
That on April 20, 2006, Robert J . Wagner of the Illinois Environmental Protection
Agency's Peoria 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
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V .
)
LARRY PAYNE SR .,
)
Respondent.
AC
©c `9'~
([EPA No
. 99-06-AC)
VIOLATIONS
Based upon direct observations made by Robert J . Wagnerduring the course of his April 20,
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 open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS
5/21 (p)(3) (2004) .
(3) That Respondent 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
On March 6, 2003, the Board found Larry Payne, Sr . in violation of Section
21(p)(1), Section
21(p)(3) and Section 21(p)(7) of the Act in AC 03-19
.
Because this Administrative Citation addresses a second or subsequent violation of Sections
21(p)(1),
21(p)(3) and 21(p)(7) of the Act, 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 Three Thousand Dollars ($3,000 .00),
for each violation, for a total of Nine Thousand Dollars ($9,000 .00). If Respondent elects not to
petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be due
2
and payable no later than July 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
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
.
1'-
. Douglas P
Illinois Environmental
ctorProtection
,6
W%--
Agency
Date:
5 1
31
tob
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
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant, )
VLARRY .
PAYNE, SR.,
))
Respondent .
FACILITY :
Payne, Lany
SITE CODE NO .:
0578110004
COUNTY:
Fulton
CIVIL PENALTY:
$9,000
.00
DATE OF INSPECTION :
April 20, 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 627949276
.
REMITTANCE FORM
5
AC 0 ~ - q F
(IEPA No
. 99-06-AC)
IN THE MATTER OF :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
RESPONDENT
)
Affiant, Robert J . Wagner, 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 April 20, 2006, between 9 :30 a .m . and 11
:00 a.m.,
Affiant conducted an inspection of the open dump in Fulton
County, Illinois, known as Payne, Larry, Illinois Environmental
Protection Agency Site No . 0578110004 .
3 .
Affiant inspected said Payne, Larry open dumpsite by
an on-site inspection, which included walking the site and
photographing the site .
4 .
As a result of the activities referred to in
Paragraphs 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
Ac
C) (.0
`(4<6
IEPA DOCKET NO .
Affiant's observations and factual conclusions with respect to
Payne,
Larry open dump .
me this
otary Public
day of mk„ , A c
UCF
Notary
Carolyn
Public,
OFFICIAL
SState
. SchlueterSEALof
Illinois
My Commission Expires 8/10/07
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Fulton
LPC#:
0578110004
Region: 3 - Peoria
Location/Site Name :
Marietta/Payne, Larry
Date
:
04/20/2006 Time: From 9:30
AM
To 11 :00 AM
Previous Inspection Date: 11/15/2002
Inspector(s) :
Robert J . Wagner & Jeb McGee
Weather:
65 F, Sunny, Dry
No. of Photos Taken : #
16
Est. Amt. of Waste : 1814 yds3
Samples Taken
: Yes #
No
Interviewed :
Larry Payne Sr
. & Larry Payne Jr.
Complaint # :
C-2006-014-P & C-2006-037-P
Latitude : 40.55094
Longitude : -90 .42107
Collection Point Description : Site Entrance
-
(Example : Lat . : 41 .26493
Long . : -89.38294)
Collection Method
: GPS -
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
Larry Payne Sr .
24722 N . Barnes School Road
Marietta, Illinois, 61459
(309) 772-3618
(Open Dump - 1)
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
0
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
03
(2)
In Violation of Any Regulations or Standards Adopted by the Board
0
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
04
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
03
(2)
Scavenging
(3)
Open Burning
0
(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 #
0578110004
Inspection Date :
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
I-Mmnlition Dehric
00
9.
55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumpinq of Any Used or Waste Tire
~~
(2)
Cause or Allow Open Burninq 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
05
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 :
0578110004 -- Fulton County
Payne, Larry
FOS
Prepared By : Robert J . Wagner
Inspection Date : April 20, 2006
Page 1
Narrative
On April 20, 2006, an inspection took place at property owned by Larry Payne Sr
., 24722 N .
Barnes School Road, Marietta, Illinois (see attached map)
. The inspection was a result of two
citizen complaints (C-2006-037-P and C-2006-014-P) . The complainants alleged that Mr
. Payne
is open dumping on his property
. The following IEPA personnel participated in the inspection :
Jeb McGee and Robert Wagner (author of this report)
. The following individuals were
interviewed at the property
: Larry Payne Sr . and Larry Payne Jr
. Larry Payne Sr. owns and
operates a scrap yard located on the property . Larry Payne Jr
. is his employee .
This author arrived at the site and met with Larry Payne Sr
. and Larry Payne Jr . This author
explained the purpose of the visit
. Larry Payne Sr. granted this author permission to inspect the
property . Larry Payne Jr . accompanied this author and Mr
. McGee on the inspection .
Photograph 1 shows a metal building where they store batteries that are taken out of junk
vehicles
. According to Larry Payne Jr.,
the batteries are sold to different recyclers . The batteries
are stored in this building until a route driver stops by and pick them up
. The frequency of pick
up depends on the used battery market price
.
Photographs 2 and 3 show the main dirt road with metal debris stacked alongside it (see site
sketch) .
This author observed a pile of tires
. For the purpose of this report this pile of tires will be
referred to as Tire Pile 1
. Tire Pile 1 was approximately 40 feet long by 15 feet wide by 15 feet
high (333 yd3).
Photographs 4 and 5 show Tire Pile 1 (see attached aerial photograph and site
sketch)
. Larry Payne Jr
. told this author that Tire Pile 1 was generated from scrapping out
vehicles over the years . According to Larry Payne Jr
., they have never shipped any used tires
offsite for disposal
.
Photograph 6 shows the dirt road with metal debris stacked alongside it (see site sketch)
.
Photograph 7 shows scrap vehicles on the property
. Photograph 8 shows metal debris and used
tires commingled alongside the dirt road (see site sketch)
. Photograph 9 shows a scrap vehicle
on top of some used tires . According to Larry Payne Jr
., the used tires are used as blocks to keep
the vehicles off the ground .
This author observed a pile of tires
. For the purpose of this report this pile of tires will be
referred to as Tire Pile 2
. Tire Pile 2 was approximately 100 feet long by 20 feet wide by 20 feet
deep (1481 yd3).
The depth is an estimate given by Larry Payne Jr
. Photographs 10 and 11
show Tire Pile 2 (see attached aerial photograph and site sketch) .
This author observed an area of the property where evidence indicates open burning has taken
place
. This evidence is the charred remains of used tires (tire beads), wood, and metal debris
.
According to Larry Payne Jr
., he has no idea who is responsible for doing the burning on his
father's property
. This author told Larry Payne Jr
. the open burning needed to stop immediately
.
05781 10004 -- Fulton County
Payne, Larry
FOS
Prepared By : Robert J . Wagner
Inspection Date : April 20, 2006
Page 2
According to Larry Payne Jr., whoever did the burning probably used the tires to get the fire
going so that trees and brush could be burnt . He told this author that the burning is not recent but
probably took place within the year .
Photograph 16 shows two barrels that Larry Payne Jr . uses to contain used oil that is drained out
of vehicles. He is looking into getting a used oil burner to heat the garage during the wintertime .
This author told Larry Payne Jr
. to cease all open burning and open dumping and to please pass
that information on to Larry Payne Sr
. This author departed at 11 AM .
The following alleged violations were observed and indicated on the open dump inspection
checklist : it application submitted to the Agency
.
1 .
Pursuant to Section 9(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(a)), no person shall cause or threaten or allow the discharge or emission of any
contaminant into the environment in any State so as to cause or tend to cause air pollution
in Illinois, either alone or in combination with contaminants from other sources, or so as
to violate regulations or standards adopted by the Board under this Act
.
A violation of Section 9(a) is alleged for the following reason : Larry Payne Sr . as
operator and owner allowed the discharge or emission of contaminants into the
environment so as to cause or tend to cause air pollution in Illinois
.
2. Pursuant to Section 9(c) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(c)), no person shall cause or allow the open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any refuse in any chamber
not specifically designed for the purpose and approved by the Agency pursuant to
regulations adopted by the Board under this Act .
A violation of Section 9(c) is alleged for the following reason
: Larry Payne Sr. as
operator and owner allowed the open burning of refuse
.
3.
Pursuant to Section 21(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(a)), no person shall cause or allow the open dumping of any waste
.
A violation of Section 21(a) is alleged for the following reason
: Larry Payne Sr
. as
operator and owner allowed the open dumping of waste
.
4
.
Pursuant to Section 21(d)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(1)), no person shall conduct any waste-storage, waste-treatment, or waste-
disposal operation without a permit granted by the Agency or in violation of any
conditions imposed by such permit .
0578110004 -- Fulton County
Payne, Larry
FOS
Prepared By : Robert J. Wagner
Inspection Date : April 20, 2006
Page 3
A violation of Section 21(d)(1) is alleged for the following reason : Larry Payne Sr. as
operator and owner conducted a waste-treatment and waste-disposal operation
without a permit granted by the Agency
.
5 .
Pursuant to Section 21(d)(2) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(2)), no person shall conduct any waste-storage, waste-treatment, or waste-
disposal operation in violation of any regulations or standards adopted by the Board
under this Act .
A violation of Section 21(d)(2) is alleged for the following reason : Larry Payne Sr. as
operator and owner conducted a waste-treatment and waste-disposal operation in
violation of regulations adopted by the Illinois Pollution Control Board .
6.
Pursuant to Section 21(e) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(e)), 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 this Act and of regulations and standards
thereunder.
A violation of Section 21(e) is alleged for the following reason
: Larry Payne Sr. as
operator and owner treated and disposed of waste at a site which does not meet the
requirements of the Act and regulations thereunder .
7 .
Pursuant to Section 21(p)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(1)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in litter .
The prohibitions specified in this subsection (p) shall be enforceable by the Agency either
by administrative citation under Section 31.1
of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping
.
A violation of Section 21(p)(1) is alleged for the following reason : Larry Payne Sr. as
operator and owner allowed the open dumping of waste in a manner which resulted
in litter.
8 .
Pursuant to Section 21(p)(3) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(3)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in open burning .
A violation of Section 2I(p)(3) is alleged for the following reason
: Larry Payne Sr. as
operator and owner allowed the open dumping of waste in a manner which resulted
in open burning .
0578110004 -- Fulton County
Payne, Larry
FOS
Prepared By : Robert J . Wagner
Inspection Date : April 20, 2006
Page 4
9 .
Pursuant to Section 21(p)(7) of the (Illinois) Environmental Protection Act (415 ILCS
5/21(p)(7)) no person shall cause or allow the open dumping of waste in a manner that
results in deposition of (i) general construction or demolition debris as defined in Section
3.160(a) of this Act ; or (ii) clean construction or demolition debris as defined in Section
3.160(b) of this Act .
A violation of Section 21(p)(7) is alleged for the following reason : Larry Payne Sr . as
operator and owner allowed the open dumping of waste in a manner that resulted in
deposition of general construction or demolition debris as defined in Section
3.160(a) of this Act .
10.
Pursuant to Section 55(a)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(1)), no person shall cause or allow the open dumping of any used or waste tire .
A violation of Section 55(a)(1) is alleged for the following reason : Larry Payne Sr . as
operator and owner allowed the open dumping of used or waste tires .
11 .
Pursuant to Section 55(a)(2) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(2)), no person shall cause or allow the open burning of any used or waste tire .
A violation of Section 55(a)(2) is alleged for the following reason : Larry Payne Sr. as
operator and owner allowed the open dumping of waste in a manner which resulted
in open burning of used or waste tires .
12 . Pursuant to 35 111. Adm. Code 812 .101(a), all persons, except those specifically exempted
by Section 21(d) of the {Illinois} Environmental Protection Act, shall submit to the
Agency an application for a permit to develop and operate a landfill .
A violation of 35 111. Adm. Code 812 .101(a) is alleged for the following reason : Larry
Payne Sr. as operator and owner did not submit to the Agency an application for a
permit to develop and operate a landfill .
0578110004 -- Fulton County
Payne Property
FOS
Prepared By: Robert J . Wagner
Inspection Date
: April 20, 2006
Site Sketch
Page 1
Drawing Not To Scale
Shop
0573110004 - Fulton County
Payne, Larry
FOS
DATE: April 20, 2006
TIME: 9:45 AM
PHOTOGRAPHED BY :
Robert I Wagner
DIRECTION : Photograph taken toward
the west
.
PHOTOGRAPH NUMBER: 1
PHOTOGRAPH FILE NAME
:
0578110004-04202006-001 .jpg
COMMENTS:
DATE: April 20, 2006
TIME
: 9:49 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION : Photograph taken toward
the southwest.
PHOTOGRAPH NUMBER: 2
PHOTOGRAPH FILE NAME :
0578110004-04202006-002
.jpg
COMMENTS:
DOCUMENT
---------- --------
FILE NAME-
:
Site Photographs
Page 1 of 8
0578110004 -
Fulton County
Payne, Larry
FOS
DATE : April 20, 2006
TIME: 9:49 AM
PHOTOGRAPHED BY :
Robert I Wagner
DIRECTION : Photograph taken toward
the southeast-
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME :
0578110004-4D4202006-003 .jpg
COMMENTS:
DATE : April 20, 2006
TIME: 9:50 AM
PHOTOGRAPHED BY :
Robert J. Wagner
DIRECTION : Photograph taken toward
the west .
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE NAME :
0578110004-04202006-004
.jpg
COMMENTS:
DOCUMENT
---------- -------FILE
NAME
:
Site Photographs
Page 2 of 8
0578110004 - Fulton County
Payne, Larry
FOS
DATE: Alan 20, 2006
TIME
: 9:50 AM
PHOTOGRAPHED BY
:
Robert J. Wagner
DIRECTION
: Photograph taken toward
the west .
PHOTOGRAPH NUMBER: 5
PHOTOGRAPH FILE NAME :
0578110004
.04202006-005.jpg
COMMENTS:
DATE: April 20, 2006
TIME: 9:57
AM
PHOTOGRAPHED BY
:
Robert J . Wagner
DIRECTION
: Photograph taken toward
the north.
PHOTOGRAPH NUMBER
: 6
PHOTOGRAPH FILE NAME:
0578110004-04202006-006 .jpg
COMMENTS:
DOCUMENT
---------- -------FILE
NAME:
Site Photographs
Page 3 of 8
0578110004 - Fulton County
Payne, Larry
FOS
DATE: April 20, 2006
TIME: 10:03
AM
PHOTOGRAPHED BY
:
Robert I Wagner
DIRECTION : Photograph taken toward
the northwest .
PHOTOGRAPH NUMBER: 7
PHOTOGRAPH FILE NAME:
0578110004 ,
04202006-007.jpg
COMMENTS:
DATE
:
April 20, 2006
TIME: 10:06 AM
PHOTOGRAPHED BY:
Robert 1 . Wagner
DIRECTION
: Photograph taken toward
the west.
PHOTOGRAPH NUMBER
: 8
PHOTOGRAPH FILE NAME :
0578110004-04202006-008jpg
COMMENTS:
DOCUMENT FILE NAME
:
Site Photographs
Page 4 of 8
S
0578110004 - Fulton County
Payne, Larry
FOS
DATE: April 20, 2006
TIME: 10:09 AM
PHOTOGRAPHED BY
:
Robert J . Wagner
DIRECTION
: Photograph taken toward
the west.
PHOTOGRAPH NUMBER
: 9
PHOTOGRAPH FILE NAME :
0578110004-94202006-009 jpg
COMMENTS:
DATE: Apri120, 2006
TIME
: 10:16 AM
PHOTOGRAPHED BY:
Robert J . Wagner
DIRECTION
: Photograph taken toward
the northeast.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH FILE NAME
:
0578110004-04202006-010.jpg
COMMENTS:
DOCUMENT
---------- --------
FILE NAME-
:
Site Photographs
Page 5 of 8
0578110004 - Fulton County
Payne, Larry
FOS
DATE: April 20, 2006
TIME: 10:17 AM
PHOTOGRAPHED BY :
Robert I Wagner
DIRECTION : Photograph taken toward
the southeast.
PHOTOGRAPH NUMBER: 11
PHOTOGRAPH FILE NAME :
0578110004-44202006-01 l .jpg
COMMENTS:
DATE: April 20, 2006
TIME: 10:19 AM
PHOTOGRAPHED BY :
Robert 1
. Wagner
DIRECTION : Photograph taken toward
the northeast.
PHOTOGRAPH NUMBER: 12
PHOTOGRAPH FILE NAME :
0578110004-04202006-012
.jpg
COMMENTS:
DOCUMENT----------
--------
MILE
NAME- :
Site Photographs
Page 6 of 8
DATE: April 20, 2006
TUNE: 10:22
AM
PHOTOGRAPHED BY
:
Robert J. Wagner
DIRECTION
: Photograph taken toward
the north .
PHOTOGRAPH NUMBER: 13
PHOTOGRAPH FILE NAME :
0578110004--04202006-013Jpg
COMMENTS
:
DATE
: April 20, 2006
TIME: 10:25 AM
PHOTOGRAPHED BY
:
Robert I Wagner
DIRECTION: Photograph taken toward
the south
PHOTOGRAPH NUMBER
: 14
PHOTOGRAPH FILE NAME :
0578110004.04202006-014
.jpg
COMMENTS:
0578110004 - Fulton County
Payne, Larry
FOS
DOCUMENT FILE NAME:
Site Photographs
Page
7 of 8
PROOF OF SERVICE
I hereby certify that I did on the 31st day of May 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 : Larry Payne Sr .
24722 N. Barnes School Road
Marietta, IL 61459
Cert #7004 2510 0001 8590 3548
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
Cert #7004 2510 0001 8590 3661
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 SUBMITTED
ON RECYCLED PAPER
(217) 782-9817
TDD: (217) 782-9143
May 31, 2006
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re :
Illinois Environmental Protection Agency v
. Larry Payne . Sr.
IEPA File No . 99-06-AC ; 0578110004-Fulton County
Dear Clerk Gunn :
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector's Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s) .
On this date, a copy of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail . As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation
.
If you have any questions or concerns, please do not hesitate to contact me at the number above
.
Thank you for your cooperation
.
Michelle M . Ryan
Assistant Counsel
Enclosures
ROCKFORD-4302 North Main Street, Rockford,
IL 61103 -(815) 987-7760
DES PLAINES-9511 W. Harrison St ., Des Plains, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131
PEORIA-5415 N
. University St ., Peoria, IL61614-(309) 693-5463
BUREAU OF LAND - PEORIA - 7620 N . University St ., 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-(217) 786-6892
COLLINSVILLE-2009 Mall Street, Collinsville,
IL 62234-(618) 346-5120
MARION - 2309 W
. Main St., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED ON RECYCIED PAPER
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276
- ( 21 7) 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
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) .
