BEFORE THE ILLINOIS POLLUTION CONTROL BOA%ELER
EIVED
ADMINISTRATIVE CITATION
OCT 1 6 2006
STATE OF ILLINOIS
COUNTY OF MACON, ILLINOIS
)
Pollution Control Board
Complainant,
)
AC(MCSWMD
0~
File No . 2006-004-AC)
v.
)
Phillip Pugsley,
)
Respondents.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the County of Macon by
section 4(r) of the Illinois Environmental Protection Act, 415 ILCS 5/4(r) (2002)
.
FACTS
That Respondent, Phillip Pugsley is the present owner and operator of a facility
located at West Center Street, Macon County, Illinois
.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1150155537.
3.
That Respondent has owned and operated said facility at all times pertinent hereto .
4.
That on August 25, 2006, Darlene K
. Powell of the Macon County Solid Waste
Management Department inspected the above-described facility
. A copy of this inspection report
setting forth the results of said inspection is attached hereto and made a part hereof
.
VIOLATIONS
Based upon direct observations made by Darlene K . Powell during the course of her August
25, 2006 inspection of the above-named facility, the Macon County Solid Waste Management
Department has determined that Respondents violated the Illinois Environmental Protection Act
(hereinafter, the "Act") as follows :
1
(1)
That Respondents 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)
(2002) .
(2)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in Deposition of General Construction or Demolition Debris, a violation of
Section 21(p)(7) of the Act, 415 ILCS 5/21(p)(7) (2002) .
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002), Respondents are
subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500
.00) for each of the
violations identified above, for a total of Three Thousand Dollars ($3,000
.00) . If 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 15, 2006, unless otherwise provided by order of the Illinois
Pollution Control Board .
If Respondents 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 (2002), 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 Macon County Solid
Waste Management Department 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) (2002), if Respondents fail
to petition or elect not to petition the Illinois Pollution Control Board for review of this Administrative
2
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 Macon County
Solid Waste Management Department and should be mailed to the
attention of Darlene K
. Powell,
Macon County Solid Waste Management Department; 141
South Main Street, Room 212, Decatur,
Illinois, 62523-1293 . 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 Respondents from the date payment is due up to and
including the date that payment is
received
. The Office of the Macon County State's Attorney
may initiate proceedings against
Respondents in Circuit Court to collect said penalty and/or hearing
costs, plus any interest accrued .
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents have the right to contest this Administrative Citation pursuant to and in
accordance with Section 31 .1 of the Act, 415 ILCS 5/31/1 (2002)
. 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 Office of the Macon County State's
Attorney, 253 E
. Wood Street, Decatur, Illinois, 62523 . 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 Respondents
.
By:
Jack W . Ahola
Macon Cou ty States Attorney
By:
, I
i .
at
Kenneth Boles
Assistant State's Attorney
Macon County, Illinois
Prepared by :
Darlene K. Powell, Inspector
Macon County Solid Waste Management Department
141 South Main Street, Room 212
Decatur, Illinois 62523-1293
217-421-0291
4
Date:
October 10, 2006
DATE OF INSPECTION :
August 25, 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 Darlene K
. Powell, Macon
County Solid Waste Management Department, 141 South Main Street, Room 212, Decatur, Illinois
62523-1293 .
5
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
OCT 1 6 2006
STATE OF ILLINOIS
Pollution Control Board
COUNTY OF MACON
)
Complainant,
)
AC 0*7 --do
v.
)
(MCSWMD file No
. 2006-004-AC)
Phillip Pugsley,
)
Respondents .
)
FACILITY
:
Decatur/Pugsley, Phillip
SITE CODE NO . :
1150155537
COUNTY :
Macon
CIVIL PENALTY :
$3,000
.00
RECEIVEDCLERK'S
OFFICE
MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMEIJCT
1 6 2006
STATE OF ILLINOIS
Pollution Control Board
IN
THE MATTER OF :
)
CID
Phillip Pugsley
)
(MCSWMD File No . 2006-004-AC)
Respondents
)
Affiant, Darlene K
. Powell, being first duly sworn, voluntarily deposes and states as follows :
1 . Affiant is a field inspector employed by the Macon County Solid Waste Management
Department and has been so employed at all times pertinent hereto
.
2. On August 25, 2006 between 11
:09 in the morning and 12 :03 in the afternoon, Affiant
conducted an inspection of the site in Macon County, Illinois, known as Decatur/Pugsley, Phillip,
Illinois Environmental Protection Agency Site No . 1150155537.
3 . Affiant inspected said Decatur/Pugsley, Phillip by an on-site inspection which included
photographing the site .
4
. As a result of the activities referred to in Paragraph 3 above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of Affiants
knowledge and belief, is an accurate representation of Affiants observations and factual
conclusions with respect to the Decatur/Pugsley, Phillip site.
IL ,
i l
Subscribed and Swor to before me
this
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MACON COUNTY
SOLID WASTE MANAGEMENT
DEPARTMENT
141 S
. Main St ., Suite 212, Decatur, IL 62523 • phone 217/425-4505 • fax 217/424-1459
ADMINISTRATIVE CITATION
MACON COUNTY SOLID WASTE MANAGEMENT
DEPARTMENT
MACON COUNTY SOLID
1150155537 - MACON COUNTY
WASTE MANAGEMENT DEPT,
Decatur/Pugsley, Phillip
Complainant
COMPLIANCE FILE
vs.
Phillip Pugsley,
Respondent
WARNING :CORRECTIVE ACTION REQUIRED
To contest the Administrative Citation you have received you must follow the
instructions provided in the Administrative Citation
. You may be served with additional
Administrative Citations if you fail to complete the following corrective actions, and are
found to be in violation of Section 21(p) of the [Illinois] Environmental Protection Act
.
Periodic inspection(s) will be conducted to verify cleanup and compliance, both during
the cleanup process and after returning to compliance .
Printed on Recycled Content Paper
YOU ARE REQUIRED TO COMPLETE THE FOLLOWING CORRECTIVE
ACTIONS:
#1 Immediately cease all open dumping .
- Do not dispose of any of the
waste by open burning .
#2
By December 15, 2006 remove all waste to a permitted landfill or transfer
station
. Scrap metal not disposed at a landfill can be taken to a scrap metal
facility or recycling center .
#3
By December 15, 2006 remove all landscape waste to a permitted compost
facility
. Landscape waste cannot be taken to a landfill or transfer station for
the purpose of disposal
.
#4 By December 15, 2006 submit to the Macon County Solid Waste
Management
Department, copies of receipts that document the proper disposal or recycling
of the wastes .
WRITTEN RESPONSE REQUIRED
Within forty-five (45) calendar days of the date of this Citation, you must
submit writinq :
1
. Information in rebuttal, explanation, or justification of each alleged
violation ;
2. A proposed Compliance Commitment Agreement (CCA) that spells out
how you plan to rectify each violation (including time frames) and return
the area to compliance . If you feel compliance has already been
achieved, please state such in your CCA ;
3. If you desire, a request for a meeting with the Macon County Solid
Waste Management Department regarding the alleged violations .
Yourwritten response of all documents submitted in replyto
this notice must be
sent, via certified mail return-receipt, to :
Macon County Solid Waste Management Department
Attn: Darlene K . Powell, Environmental Inspector
141 South Main Street, Room 212
Decatur, IL 62523
On any correspondence you send concerning this matter, please reference the IEPA
designated facility number and facility name listed on the first page of this notice .
Please note that this notice of violation may not address any other alleged violations that
may fall under the jurisdiction of other Federal, State and/or County offices .
Failure to comply with the requirements of this notice may, at the sole discretion of the
Macon County Solid Waste Management Department, result in the case being referred to
the Macon County State's Attorney for prosecution .
An Administrative Citation carries a fine of $1,500
.00 for a first offense and $3,000 for a
second or subsequent offense for violation of any provision of Section 21(p)
.
MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT
Darlene K . Powell
Inspector
Date : October 10, 2006
CERTIFIED MAIL #: 70051820000697016145
Enclosure
cc
:
Rich Gerard, Illinois Environmental Protection Agency
Ellen Robinson, Illinois Environmental Protection Agency
FOS File
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Macon
LPC#:
1150155537
Region : 4 - Champaign
Location/Site Name:
Date:
08/25/2006 Time
: From 11 :09 am
Inspector(s) :
Darlene K Powell, Dustin Burger
No
. of Photos Taken : # 21
Interviewed :
Latitude :
(Example :
Lat . : 41 .26493
Long . : -89 .38294)
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
Decatur/Pugsley, Phillip
Longitude :
To 12:03 pm Previous Inspection Date:
Weather: mostly cloudy, dry, 80s
Est. Amt. of Waste: 220
yds3 Samples Taken :
Complaint #:
Collection Point Description : -
Collection Method : -
Phillip Pugsley
530 N . Hillcrest Blvd
Decatur, IL 62522
(217) 422-7335
(Open Dump - 1)
I
Yes #
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
FII
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
FO
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
FII
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
154
(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 #
1150155537
Inspection Date :
08/25/2006
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
Revised 10/5/2005
(Open Dump - 2)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
~~
(7)
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
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 ANDIOR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT
VIOLATION OF
: ( )
PCB; ( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15. OTHER :
21(q)
(3)(B)
No person shall conduct a landscape waste composting operation
without an agency permit, provided, however, that no permit shall be
required for any person . . . operating a landscape waste composting
facility on a farm, if the facility meets all of the following criteria . . . the
property on wich the composting facility is located, and any associated
property on which the compost is used . . . is not owned, leased, or
otherwise controlled by any waste hauler . . .
Fal
21(w)
No person shall conduct any generation, transportation, or recycling of
construction or demolition debris, clean or general, . . . without
maintenance of documentation identifying the hauler, generator, place of
origin of the debris, the weight and volume of the debris, and the
location, owner, and operator of the facility where the debris was
transferred, disposed, recycled, or treated .
03
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 - 3)
LPC #1150155537 - Macon County
Decatur/Pugsley, Phillip
FOS File
Inspector(s) : Darlene K. Powell, Dustin Burger
Inspection Date : Friday August 25, 2006
Inspection Report Narrative
This site was inspected on August 25, 2006 between the hours of 11 :09 in the
morning and 12 :03 in the afternoon . The inspection was conducted by Darlene K .
Powell (author of report) and Sherri Ludlam, representing the Macon County Solid
Waste Management Department, and Dustin Burger, representing the Illinois
Environmental Protection Agency . Weather conditions at the time of the inspection
were mostly cloudy, dry, with an air temperature in the eighties . Twenty-one
photographs were taken. Two people were interviewed . The first person, whose name
we did not get, was an employee with Dunn Paving Company and was interviewed on-
site
. The owner of the property, Mr . Phillip Pugsley, was interviewed by phone on
August 28, 2006 and again on August 29, 2006 . No samples were collected .
General Information/Site History
The site is located in central Macon County on the south side of West Center
Street, in Decatur Township
. Stevens Creek runs through the property . There are two
entrances to the site, one on the east side of Stevens Creek and one on the west side
of Stevens Creek . This inspection was conducted after receiving a complaint regarding
open dumping on site .
Property Ownership
This property is owned by Phillip Pugsley . The name of the site is Pugsley
Farms . The property is located between the 2700 and 3450 blocks of West Center
Street
. There are no homes on the property . A physical address is not assigned to this
property
. This information was obtained from the Macon County Supervisor of
Assessment's Office and the Macon County Recorder's Office.
Inspection Findings
The initial destination was the west portion of the property
. While driving west on
West Center Street we noticed a truck dumping material on the east portion of the
property . We turned around and pulled into the east portion of the property to speak to
the man dumping the material at 11
:09 in the morning . The worker was with Dunn
Paving Company
. The worker indicated he had permission to dump on the site . He
dumped clean rock and asphalt. A gravel pile was located east of the entrance, and to
the west of the entrance near the tree line was a pile of debris that contained
dimensional lumber, concrete with rebar and landscape waste (photographs
1-5) . The
worker who dumped the rock and asphalt did not dump the other debris and was
unaware of who put the other debris on the site .
We drove up the road and parked by the entrance to the west portion of the
property
. A wire rope, which was held in place by a pad lock, blocked the vehicle from
entering the site
. We observed an estimated 220 yds3
of landscape waste and other
debris on site
. Wood chips were spread over the ground to the east of the entrance
(photograph 6)
. We entered the site and proceeded toward the south end of the
property . To the west of the entrance were two piles of wood chips (photograph 7)
. A
tub grinder was located on site (photograph 8)
. As we walked toward the south end of
the property we noticed landscape waste sifting next to animal bedding (photographs 9
and 10)
. We observed metal, shingles, and lifter mixed in with brick and gravel
(photograph 11) . Upon closer observation we noticed bricks with black tar as well as
dimensional lumber (photograph 12)
. Further south, after crossing a small bridge, we
observed railroad ties, fence posts, cyclone fencing, brick, dimensional lumber,
plywood, and a plastic pipe in two piles that had weeds growing up around them
(photographs 13 and 14)
. Across from the two piles we observed landscape waste that
appeared to be from a vacuum truck sifting next to animal bedding (photograph 15)
.
Facing southeast it was possible to see wood chips spread over the field and two
piles of debris on the south end of the property next to the tree line (photograph 16) .
The first pile contained dimensional lumber and concrete with rebar (photographs 17
and 18) . The second pile contained what appeared to be the remains of a house that
caught fire including dimensional lumber, scorched bricks, linoleum, metal conduit,
plastic plumbing, wire, green carpet, and pillows (photographs 19 and 20)
. While
walking back to the vehicle we noticed a piece of dimensional lumber sifting on top of
the tub grinder
. Upon observing the interior of the tub grinder we discovered shingles
and plywood (photograph 21) . We concluded the inspection and left the property at
12 :03 in the afternoon.
Follow-up Interview
We tried to call Mr
. Pugsley to discuss what we observed while on his property
and left a message on his answering machine . Mr
. Pugsley returned our call and left a
message on Saturday August 26, 2006 . I spoke with Mr
. Pugsley on Monday August
28, 2006 and Tuesday August 29, 2006
. Between our two conversations we discussed
what had been observed during the inspection and what needed to be done in order to
correct the situation
.
Mr. Pugsley knew about the landscape waste and debris placed on his site
. He
has allowed other persons to dispose of materials on his site . Mr
. Pugsley was fully
aware that the debris on his property is his responsibility and was planning on getting
the debris removed from his site as soon as possible
. Some of the landscape waste on
the east portion of the property came from the site itself
. I advised Mr. Pugsley that he
can cut down trees on his property and leave the material on site
; however, landscape
waste can not be used as fill . I advised Mr
. Pugsley he can not store landscape waste
from other persons on his property . Mr
. Pugsley thought he would still be able to use
landscape waste (i.e.
wood chips) on his farm since he is growing alfalfa
. I advised Mr .
Pugsley that he can not use landscape waste on his site because he is a waste hauler
.
Also anyone associated with Mr
. Pugsley would not be able to use landscape waste that
he has collected
. The landscape waste needs to go to a licensed composting facility.
Mr. Pugsley was planning on using the railroad ties on site for landscaping
around his home . I advised Mr . Pugsley materials for personal use need to be stored in
a manner that preserves the value of the materials
. Otherwise, the materials appear to
be waste . Mr
. Pugsley was also advised that as a transporter he is not allowed to store
or treat waste on his site . I explained the tub grinder is used for treating waste, and it
appeared as though he was also storing waste in the grinder . I advised Mr . Pugsley he
would need to be sited and get a permit in order to conduct storage or treatment of
waste. At the end of the conversation, Mr
. Pugsley understood all of the debris needs
to be removed from the site and taken to a licensed facility . Mr. Pugsley is going to
work with the other persons who dumped debris and landscape waste on his site in
order to get everything removed . Mr. Pugsley stated he would begin cleaning up the
site on the evening of August 28, 2006
. Starting the week of September 4, 2006 Mr .
Pugsley will be working full time at Pugsley Container in order keep up with business
. I
thanked Mr
. Pugsley for his time and advised I would be in touch at a later date .
Summary of Apparent Violations
Environmental Protection Act ILCS 5/1 et seq
. (formerly III Rev. Stat. Ch . 111 ''/2,
1001 et seq
.) {hereinafter referred to as the "Act"}
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 because evidence of open dumping
of waste was observed during the inspections
.
Pursuant to Section 21(d)(1) of the
Act, in relevant part, 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, including
periodic reports and full access to adequate records and the inspection of facilities, as
may be necessary to assure compliance with this Act and with regulations and
standards adopted there under.
•
A violation of Section 21(d)(1) is alleged because waste was disposed of
and/or stored without a permit granted by the Agency
.
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 any regulations or standards
adopted by the Board under this Act .
•
A violation of Section 21(d)(2) is alleged because waste was disposed of
and/or stored in a way that violates regulations and standards adopted by
the Board
.
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 this Act and of
regulations and standards there under
.
•
A violation of Section 21(e) is alleged because waste was disposed of
and/or stored in a manner that does not meet the requirements of the Act
.
Pursuant to Section 21(p), (1) of the Act,
no person shall cause or allow the open
dumping of any waste in a manner which results in any of the following occurrences at
the dump site . . . litter
.
•
A violation of Section(s) 21(p), (1) is alleged because open
dumping of waste was caused or allowed that resulted in litter
.
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 any of the following occurrences at
the dump site . . .
General Construction or Demolition Debris as defined in Section
3.160(a) of this Act .
•
A violation of Section(s) 21(p), (7) is alleged because open
dumping of waste was caused or allowed that resulted in the
deposition of general construction debris .
Pursuant to Section 21(q),
(3), (B) of the
Act, no person shall conduct a landscape
waste composting operation without an agency permit, provided, however, that no
permit shall be required for any person
. . . operating a landscape waste composting
facility on a farm, if the facility meets all of the following criteria
. . . the property on which
the composting facility is located, and any associated property on which the compost is
used . .
. is not owned, leased or otherwise controlled by any waste hauler
. . .
•
A violation of Section 21(q),
(3), (B) is alleged because evidence
was observed that indicated a composting facility was being
operated on a farm that is owned by a waste hauler
.
Pursuant to Section 21(w) of the Act, no person shall conduct any generation,
transportation, or recycling of construction of demolition debris, clean or
general, . . . without maintenance of documentation identifying the hauler, generator,
place of origin of the debris, the weight or volume of the debris, and the location, owner,
and operator of the facility where the debris was transferred, disposed, recycled or
treated .
•
A violation of Section 21(w) is alleged because evidence was
observed that indicated demolition debris was being treated and/or
stored on the property without maintenance of documentation
identifying the hauler, generator, place of origin of the debris, the
weight or volume of the debris, and the location, owner, and
operator of the facility where the debris was transferred, disposed,
recycled or treated
.
35 Illinois Administrative Code
. (Title 35 : Environmental Protection,
Subtitle G
: Land Pollution, Chapter I : Pollution Control Board)
JRequlationsl
Pursuant to Section 812 .101(a) the Regulations,
all persons, except those
specifically exempted by Section 21(d) of the Environmental Protection Act (Act) (III .
Rev. Stat. 1991, ch. 111 1/2, par
. 1021(d)) [415 ILCS 5/21(d)] shall submit to the
Agency an application for a permit to develop and operate a landfill
. The applications
must contain the information required by this Subpart and by Section 39(a) of the Act,
except as otherwise provided in 35 III . Adm. Code 817 .
A violation of 35 III. Adm. Code 812
.101(a) is alleged because a landfill is
being operated, but no application has been submitted to the Agency to
develop and operate a landfill .
Site sketch for Decatur/Pugsley, Phillip
Site #1150155537 - Macon County
I nspector(s) : Darlene K . Powell, Dustin Burger
Inspection Date
: Friday August 25, 2006
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DATE
: 8/25/2006
TIME: 11
:16 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS
: Photo
Taken Toward
: West
PHOTO #: 01
INSPECTION PHOTOS
SITE # : 1150155537
COUNTY: Macon
SITE NAME : Decatur/Pugsley, Phillip
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME: 11 :16 am
PHOTOS TAKEN BY
:
Darlene K. Powell
COMMENTS: Photo
Taken Toward : West
PHOTO #: 02
DATE : 8/25/2006
TIME: 11 :17 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS : Photo
Taken Toward : West
PHOTO #: 03
INSPECTION PHOTOS
SITE # : 1150155537
SITE NAME : Decatur/Pugsley, Phillip
COUNTY: Macon
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME: 11 :17 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS: Photo
Taken Toward
: West
PHOTO #:
04
DATE
: 8/25/2006
TIME: 11 :17 am
PHOTOS TAKEN BY:
Darlene K. Powell
COMMENTS: Photo
Taken Toward
: West
PHOTO #: 05
INSPECTION PHOTOS
SITE
#
: 1150155537
COUNTY: Macon
SITE NAME:
Decatur/Pugsley, Phillip
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME: 11 :25 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward : Southeast
PHOTO # : 06
DATE: 8/25/2006
TIME : 11 :26 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS : Photo
Taken Toward : West
PHOTO #: 07
INSPECTION PHOTOS
SITE #:1150155537
COUNTY: Macon
SITE NAME : Decatur/Pugsley, Phillip
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME: 11 :31 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward: Southeast
PHOTO #: 08
DATE: 8/25/2006
TIME: 11 :34 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS : Photo
Taken Toward : Northwest
PHOTO #: 09
INSPECTION PHOTOS
SITE # : 1150155537
COUNTY: Macon
SITE NAME: Decatur/Pugsely, Phillip
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME: 11
:34 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward : Northwest
PHOTO #: 10
DATE
: 8/25/2006
TIME: 11 :35 am
PHOTOS TAKEN BY:
Darlene K
. Powell
COMMENTS
: Photo
Taken Toward : West
PHOTO #: 11
INSPECTION PHOTOS
SITE # : 1150155537
COUNTY: Macon
SITE NAME
: Decatur/Pugsley, Phillip
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME: 11 :36 am
PHOTOS TAKEN BY
:
Darlene K . Powell
COMMENTS: Photo
Taken Toward : West
PHOTO #: 12
DATE
: 8/25/2006
TIME: 11 :39 am
PHOTOS TAKEN BY:
Darlene K. Powell
COMMENTS
: Photo
Taken Toward : West
PHOTO #: 13
INSPECTION PHOTOS
SITE #: 1150155537
COUNTY: Macon
SITE NAME
: Decatur/Pugsley, Phillip
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME
: 11 :40 am
PHOTOS TAKEN BY :
Darlene K. Powell
COMMENTS: Photo
Taken Toward : West
PHOTO #
: 14
DATE: 8/25/2006
TIME: 11 :43 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS: Photo
Taken Toward : East
PHOTO # : 15
INSPECTION PHOTOS
SITE #
: 1150155537
COUNTY: Macon
SITE NAME
: Decatur/Pugsley, Phillip
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME: 11
:45 am
PHOTOS TAKEN BY
:
Darlene K
. Powell
COMMENTS: Photo
Taken Toward : Southeast
PHOTO #:
16
DATE: 8/25/2006
TIME
: 11 :47 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS : Photo
Taken Toward : South
PHOTO #: 17
INSPECTION PHOTOS
SITE #
: 1150155537
COUNTY: Macon
SITE NAME
: Decatur/Pugsley, Phillip
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME
: 11 :47 am
PHOTOS TAKEN BY
:
Darlene K . Powell
COMMENTS: Photo
Taken Toward : South
PHOTO #: 18
DATE: 8/25/2006
TIME: 11 :48 am
PHOTOS TAKEN BY:
Darlene K
. Powell
COMMENTS
: Photo
Taken Toward
: West
PHOTO #: 19
INSPECTION PHOTOS
SITE #: 1150155537
SITE NAME: Decatur/Pugsley, Phillip
COUNTY: Macon
------------------------------------------------------------------------------------------------------------------------
DATE: 8/25/2006
TIME: 11 :48 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward : West
PHOTO #: 20
DATE : 8/25/2006
TIME: 11 :59 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward : South
PHOTO #:
21
INSPECTION PHOTOS
SITE #
: 1150155537
COUNTY: Macon
SITE NAME : Decatur/Pugsley, Phillip
