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
.
INFORMATIONAL
NOTICE!!!
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 Ill . Adm .
Code 101 .400(a) .
CLERK'S OFFICE
''
,
us 2 1 2005
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
61
-01
v.
)
(IEPA No
. 145-06-AC)
CHARLES F . KINSEL,
)
Respondent .
)
To :
Charles F . Kinsel
14998 N Shelby Road
Lewistown, Illinois 61542
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
Red
CLERK'S pv1~D
ADMINISTRATIVE CITATION
AUG
2
1 2006
Pollution
OFControl
ILLINOISBoard
NOTICE OF FILING
Michelle M . Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : August 18, 2006
.
THIS FILING SUBMITTED ON RECYCLED PAPER
CLERKS oVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 2
1 2006
ADMINISTRATIVE CITATION
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
9
)
AC
U~ ~O
V .
)
(IEPA
No
. 145-06-AC)
CHARLES F . KINSEL,
)
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 Charles Kinsel ('Respondent') is the present operator of a facility located off
County Road 2050E, approximately one mile north of U .S
. Route 24 in Liverpool Township, Fulton
County, Illinois
. The property is commonly known to the Illinois Environmental Protection Agency as
Kinsel, Charles .
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 0578170001
.
3 .
That Respondent has operated said facility at all times pertinent hereto
.
4 .
That on July 18, 2006, Robert 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
.
VIOLATIONS
Based upon direct observations made by Robert Wagner during the course of her July 18,
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) .
CIVIL PENALTY
On January 10, 2002, the Board found Charles Kinsel in violation of Section 21(p)(1) of the
Act in AC 02-22 .
Because this Administrative Citation addresses a second or subsequent violation of Section
21(p)(1) 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)and 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 the violation of Section 21
(p)(3), fora total of
Four Thousand Five Hundred Dollars ($4,500
.00).
If Respondent elects not to petition the Illinois
Pollution Control Board, the statutory civil penalty specified above shall be due and payable no later
than September 30, 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
2
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 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 orderof 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
.
I
/
z" P
Ldffo
r
Date: % h (lOIO
'ougla I' . Scott, Director
Illinois Environmental Protection Agency
Prepared by:
Susan E
. Santarelli, 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
RERK'g
OFFICE
lVED
REMITTANCE FORM
AUG' 2 1 2006
PollutionTE
OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V .
)
( IEPA No
. 145-06-AC)
CHARLES F. KINSEL,
)
Respondent .
FACILITY :
Kinsel, Charles
SITE CODE NO . :
0578170001
COUNTY:
Fulton
CIVIL PENALTY:
$4,500.00
DATE OF INSPECTION :
July 18, 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
Open Dump Inspection Checklist
County :
Fulton
LPC# :
0578170001
Region :
3 - Peoria
Location/Site Name
:
Little America / Kinsel, Charles
Date:
07/18/2006 Time : From 9:45 AM
To 10 :15 AM Previous Inspection Date: 02/10/2005
Inspector(s)
:
Robert J . Wagner
Weather : 75 F, Sunny, Dry
No
. of Photos Taken : #
17
Est. Amt. of Waste : 2
yds3 Samples Taken : Yes #
No
Interviewed :
Charles Kinsel
Complaint # : C-2006-068-P
Latitude
: 40.40791
Longitude : -90.05977
Collection Point Description : Dump Location -
(Example : Lat . : 41 .26493
Long . : -89 .38294)
Collection Method : GPS -
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
Charles F . Kinsel
14998 N Shelby Rd
.
Lewistown,
1161542
(309) 668-2833
(Open Dump - 1)
SECTION
DESCRIPTION
VIOL
1 . 9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
~~
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
OR
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
~~
(2)
In Violation of Any Regulations or Standards Adopted by the Board
l:
7. 21 (e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
~~
8. 21(p)
CAUSE OR 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 # 0578170001
Inspection Date :
07/18/2006
Informational Notes
1 .
[Illinois] Environmental Protection Act
: 415 ILCS 5/4
.
2 .
3.
Statutory
Illinois Pollution
and regulatory
Control
references
Board
: 35 lIIherein
. Adm
.
are
Code,
provided
Subtitle
for
Gconvenience
.
only and should not be construed as legal
conclusions
aboveand
regulations
.
of the
cited
Agency
are
or
in
as
summary
limiting
formatthe
.
Agency's
Full text
statutory
of requirements
or regulatory
can be found
powersin
.
references
Requirements
listed
of some
in 1
.
statutesand
2
.
4.
The provisions of subsection (p) of Section 21 of the [Illinois] Environmental Protection Act shall be enforceable either
5.
by
This
415
administrative
ILCS
inspection
5/4(c)
was
andcitation
conducted
(d) .
under
in
Section
accordance
31
.1
with
of the
Sections
Act or
4(c)
by complaint
and 4(d) of
under
the
Section
[Illinois]
31 of
Environmental
the Act
.
Protection Act
:
6
. Items marked with an "NE" were not evaluated at the time of this inspection .
Revised 10/5/2005
(Open Dump - 2)
(7)
Deposition
Demolition
of
DebrisGeneral
Construction or Demolition Debris
; or Clean Construction or
9. 55(a)
NO PERSON SHALL
:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
00
2)
Cause or Allow Open Burning of Any Used or Waste Tire
LI
' pill
vi ,
10
10.
812 .101 (a)
FAILURE TO SUBMIT AN
APPLICATION FOR
A PERMIT TO DEVELOP AND
OPERATE
A LANDFILL
154
11 . 722 .111
HAZARDOUS WASTE DETERMINATION
12. 808 .121
SPECIAL WASTE DETERMINATION
13.
14.
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
M
APPARENT VIOLATION OF : ( PCB; (
CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15. OTHER :
0578170001 -- Fulton County
Kinsel, Charles
FOS
Prepared By
: Robert J . Wagner
Inspection Date
: July 18, 2006
Page 1
Narrative
The
On July
property
18, 2006,
is located
this author
at 14998
(Robert
N
. Shelby
J
. Wagner)
Road,
inspected
Lewistown,
property
Illinoisowned
. For
by
the
Charles
purpose
Kinselof
this
.
report the property will be referred to as the Kinsel Property
. The inspection was a result of a
citizen's complaint (C-2006-068-P) .
The complainant alleged that Charles Kinsel is hauling
demolition waste to his property and burying it .
This author arrived at the property at 9
:45 AM. This author met with Mrs
. Kinsel . This author
identified himself to Mrs
. Kinsel and explained the purpose of the visit . Mrs. Kinsel gave this
author permission to walk and photograph the property
.
area
Photograph
appeared
1, 2,
to
3,
have
4, and
been
5 show
excavatedthe
western
. This
portion
author did
of the
not
property
find any
near
evidence
Big Sister
indicating
Creek
.
wasteThis
had been buried in this area
.
Photograph 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shows the south western corner of the
property (see site sketch)
. The photographs show the charred remains of tire beads, tire rims,
used tires and trees indicating that open burning had taken place on the property
. It was at this
time when Charles Kinsel joined this author during the inspection
. Mr
. Kinsel explained that he
used approximately a dozen tires to burn some brush on his property
. Photograph 16 shows a
metal side board that Mr
. Kinsel identified as coming off of his dump truck
. Mr. Kinsel
acknowledged that this activity was illegal to do in the state of Illinois
.
The following alleged violations were observed and indicated on the open dump inspection
checklist :
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 : Evidence of open
burning which would cause or tend to cause air pollution in Illinois was observed
during the inspection
.
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
.
0578170001 -- Fulton County
Kinsel, Charles
FOS
Prepared By : Robert J . Wagner
Inspection Date
: July 18, 2006
Page 2
A violation of Section 9(c) is alleged for the following reason :
Evidence of open
burning was observed during the inspection.
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
: Evidence of open
dumping of waste was observed during the inspection .
4. Pursuant to Section 21(d)(1) of the (Illinois) Environmental Protection Act (415 ILCS
5121(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
.
A violation of Section 21(d)(1) is alleged for the following reason :
Waste was disposed
without a permit granted by the Illinois EPA .
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 : A waste disposal
operation was conducted 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 : Waste was disposed at
this 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
establisil regulations or standards applicable to open dumping .
0578170001 -- Fulton County
Kinsel, Charles
FOS
Prepared By : Robert J . Wagner
Inspection Date : July 18, 2006
Page 3
A violation of Section 21(p)(1) is alleged for the following reason : The open dumping
of waste was caused or allowed
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 21(p)(3) is alleged for the following reason: Evidence of open
burning of used or waste tires was observed during the inspection .
9 .
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
: Evidence of open
dumping of used or waste tires was observed during the inspection .
10.
Pursuant to Section 55(a)(2) of the {lllinois} 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 : Evidence of open
burning of used or waste tires was observed during the inspection .
11 . Pursuant to 35 Ill . Adm. Code 812
. 101(a), all persons, except those specifically exempted
by Section 21(d) of the {lllinois} Environmental Protection Act, shall submit to the
Agency an application for a permit to develop and operate a landfill
.
A violation of 35 Ill. Adm . Code 812 .101 (a) is alleged for the following reason
: A waste
disposal site was operated without submitting to the Illinois EPA an application for
a permit to develop and operate a landfill .
0578170001 -- Fulton County
Kinsel, Charles
FOS
Prepared By : Robert J . Wagner
Inspection Date : July 18, 2006
Site Sketch
Page 1
House
Big Sister Creek
Nt
Burn Site
DATE : July 18, 2006
TIME: 9:50 AM
PHOTOGRAPHED BY :
Robert J
. Wagner
DIRECTION : Photograph taken toward
the south .
PHOTOGRAPH NUMBER : I
PHOTOGRAPH FILE NAME :
0578170001-07182006-001 .jpg
COMMENTS :
DATE : July 18, 2006
TIME: 9:50 AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the south
.
PHOTOGRAPH NUMBER : 2
PHOTOGRAPH FILE NAME :
0578170001--07182006-002 .jpg
COMMENTS :
0578170001 - Fulton County
Kinsel, Charles
FOS
DOCUMENT FILE NAME :
0578170001-07182006 .doc
Site Photographs
Page 1 of 9
DATE : July 18, 2006
TIME : 9:50 AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER : 3
PHOTOGRAPH FILE NAME :
0578170001-07182006-003 .jpg
COMMENTS :
DATE : July 18, 2006
TIME: 9:50 AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the west.
PHOTOGRAPH NUMBER : 4
PHOTOGRAPH FILE NAME
:
0578170001--07182006-004 .jpg
COMMENTS :
0578170001 - Fulton County
Kinsel, Charles
FOS
DOCUMENT FILE NAME :
0578170001-07182006 .doc
Site Photographs
Page 2 of 9
DATE : July 18, 2006
TIME : 9:50 AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the northwest .
PHOTOGRAPH NUMBER
: 5
PHOTOGRAPH FILE NAME
:
0578170001-07182006-005 .jpg
COMMENTS :
DATE : July 18, 2006
TIME : 9:55 AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the southeast .
PHOTOGRAPH NUMBER : 6
PHOTOGRAPH FILE NAME
:
0578170001--07182006-006
.jpg
COMMENTS :
0578170001 - Fulton County
Kinsel, Charles
FOS
DOCUMENT FILE NAME
:
0578170001-07182006
.doc
Site Photographs
Page 3 of 9
0578170001 - Fulton County
Kinsel, Charles
FOS
DATE
: July 18, 2006
TIME: 9:55
AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the southwest
.
PHOTOGRAPH NUMBER : 7
PHOTOGRAPH FILE NAME :
0578170001-07182006-007 .jpg
COMMENTS :
DATE : July 18, 2006
TIME : 9:55 AM
PHOTOGRAPHED BY
:
Robert J . Wagner
DIRECTION : Photograph taken toward
the west.
PHOTOGRAPH NUMBER : 8
PHOTOGRAPH FILE NAME :
0578170001--07182006-008 .jpg
COMMENTS :
DOCUMENT FILE NAME :
0578170001-07182006 .doc
Site Photographs
Page 4 of 9
0578170001 - Fulton County
Kinsel, Charles
FOS
DATE : July 18, 2006
TIME : 9:55 AM
PHOTOGRAPHED BY :
Robert J
. Wagner
DIRECTION : Photograph taken toward
the west .
PHOTOGRAPH NUMBER : 9
PHOTOGRAPH FILE NAME :
0578170001--07182006-009 .jpg
COMMENTS :
DATE : July 18, 2006
TIME: 9:56 AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION
: Photograph taken toward
the southeast
.
PHOTOGRAPH NUMBER
: 10
PHOTOGRAPH FILE NAME :
0578170001-07182006-010 .jpg
COMMENTS :
DOCUMENT FILE NAME :
0578170001--07182006 .doc
Site Photographs
Page 5 of 9
0578170001 - Fulton County
Kinsel, Charles
FOS
DATE
: July 18, 2006
TIME: 9:56
AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION
: Photograph taken toward
the south .
PHOTOGRAPH NUMBER
: I I
PHOTOGRAPH FILE NAME :
0578170001-07182006-011 .jpg
COMMENTS :
DATE : July 18, 2006
TIME : 9:56 AM
PHOTOGRAPHED BY
:
Robert J . Wagner
DIRECTION : Photograph taken toward
the west.
PHOTOGRAPH NUMBER : 12
PHOTOGRAPH FILE NAME :
0578170001--07182006-012 .jpg
COMMENTS :
DOCUMENT FILE NAME :
0578170001 O7182006 .doe
Site Photographs
Page 6 of 9
0578170001 - Fulton County
Kinsel, Charles
FOS
DATE : July 18, 2006
TIME: 9:56 AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the west .
PHOTOGRAPH NUMBER : 13
PHOTOGRAPH FILE NAME :
0578170001--07182006-013 .jpg
COMMENTS :
DATE : July 18, 2006
TIME: 9:58 AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the northwest .
PHOTOGRAPH NUMBER : 14
PHOTOGRAPH FILE NAME :
0578170001-07182006-014 .jpg
COMMENTS :
DOCUMENT FILE NAME
:
0578170001-07182006 .doc
Site Photographs
Page 7 of 9
DATE: July 18, 2006
TIME : 9:58
AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the northwest
.
PHOTOGRAPH NUMBER
: 15
PHOTOGRAPH FILE NAME :
0578170001-07182006-015 .jpg
COMMENTS :
DATE : July 18, 2006
TIME: 9:58
AM
PHOTOGRAPHED BY :
Robert J . Wagner
DIRECTION : Photograph taken toward
the northwest .
PHOTOGRAPH NUMBER
:
16
PHOTOGRAPH FILE NAME
:
0578170001-07182006-016 .jpg
COMMENTS :
0578170001 - Fulton County
Kinsel, Charles
FOS
DOCUMENT FILE NAME :
0578170001--07182006 .doc
Site Photographs
Page 8 of 9
DATE
: July 18, 2006
TIME: 9:59
AM
PHOTOGRAPHED BY :
Robert J
. Wagner
DIRECTION
: Photograph taken toward
the north .
PHOTOGRAPH NUMBER : 17
PHOTOGRAPH FILE NAME :
0578170001-07182006-017 .jpg
COMMENTS :
0578170001 - Fulton County
Kinsel, Charles
FOS
DOCUMENT FILE NAME
:
0578170001-07182006 .doc
Site Photographs
Page 9 of 9
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY Complaint # : C-2006-068
BUREAU OF LAND/FIELD OPERATIONS SECTION
Date Received : 06/20/2006
COMPLAINT INVESTIGATION FORM
By: Robert J . Wagner
"CONFIDENTIAL"
BOL File Heading : 0578170001 - Fulton County
Kinsel Property
FOS
Complainant: Anonymous
Respondent: Chuck Kinsel Trucking &
Excavating
Address :
Address :
14998 Shelby Rd
City :
City :
Lewistown, Il, 61542
Telephone #:
Telephone #: (309) 668-2790
Directions to Source :
Complaint Details : Kinsel is hauling demolition waste out to his property and burying it .
INVESTIGATION FINDINGS
By :
Robert Wagner
Date:
07/18/2006
Interviewed :
Chuck Kinsel
Time : 9:45 AM to 10:45 AM
Investigation Results (Select one of the following)
:
® Refer to inspection report dated : 07/18/2006
fl
Refer to following for details
:
Referred
Complainant
to :
notified of findings? Q
File Opened?
El
By E-mail ; ® By Phone ;
0
In Person ; E] By Mail
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 July 18, 2006, between 9 :45 a .m
. and 10 :15 a .m.,
Affiant conducted an inspection of the open dump in Fulton
County, Illinois, known as Kinsel, Charles, Illinois
Environmental Protection Agency Site No
. 0578170001 .
3 .
Affiant inspected said Kinsel, Charles 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
Affiant's observations and factual conclusions with respect to
Kinsel, Charles open dump .
IEPA DOCKET NO .
Subscribed
and
Sworn
to befor
me
this
_,~ (
V
day
of
^'y
I
-~
C
o
4'
No
ary Public
OFFICIAL SEAL
Carolyn S
. Schlueter
Notary Public, State of Illinois
My Commission Expires 8/10/07
PROOF OF SERVICE
I hereby certify that I did on the 18th day of August 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 :
Charles F. Kinsel
14998 N Shelby Road
Lewistown, Illinois 61542
Cert#
7004 2510 0001 8588 0955
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
8588 094
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
