RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT 16 2006
Pollution
STATE OF
Control
ILLINOISBoard
COUNTY OF MACON, ILLINOIS
)
Complainant,
)
AC
V I
(MCSWMD File No
. 2006-005-AC)
v.
)
Tim Walker
)
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
1 .
That Respondent, Tim Walker is the present owner and operator of a facility located
at 3710 Christmas Tree Road, 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
. 1158165007
.
3 .
That Respondent has owned and operated said facility at all times pertinent hereto
.
4 .
That on September 15, 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 his
September 15, 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
:
ADMINISTRATIVE CITATION
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 open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS
5/21 (p) (3) (2002)
.
(3)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in Deposition of General Construction and 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 Three Thousand Dollars ($3,000
.00) for each of the violations identified
above, for a total of
Nine Thousand Dollars ($9,000
.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 Three Thousand Dollar ($3,000
.00) statutory civil penalty for each
violation .
2
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
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
By:
i
Kenneth Boles
Assistant State's Attorney
Macon County, Illinois
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 County States Attorney
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
COUNTY OF MACON
)
Complainant,
)
Tim Walker,
)
Respondents.
)
REMITTANCE FORM
5
AC
(MCSWMD file No . 2006-005-AC)
RECEIVED
CLERK'S
OFFICE
OCT 1 6 2006
Pollution
STATE OFControl
ILLINOIS
Boa ro
FACILITY:
Decatur/Walker, Tim
SITE CODE NO. :
1158165007
COUNTY :
Macon
CIVIL PENALTY:
$9,000.00
DATE OF INSPECTION :
September 15, 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 .
MACON COUNTY SOLID WASTE MANAGEMENT DEPAF?
RIMEEa~
Tf
VE D
AFFIDAVIT
CLLERK'S OFFICE
OCT
1
6 2006
IN THE MATTER OF :
)
Pollution
STATE OF
Control
ILLINOISBoard
Tim Walker
)
(MCSWMD File No
. 2006-005-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 September 15, 2006 between 11
:30 in the morning and 12
:08 in the afternoon,
Affiant conducted an inspection of the site in Macon County, Illinois, known as Decatur/Walker,
Tim, Illinois Environmental Protection Agency Site No
. 1158165007
.
3
. Affiant inspected said Decatur/Walker, Tim 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/Walker, Tim site .
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KAREN BELLINGERSEA
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ILLINOIS08/18/07
SOLID
MACON
DEPARTMENTWASTE
COUNTYMANAGEMENT
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
1158165007 - MACON COUNTY
WASTE MANAGEMENT DEPT,
Decatur/Walker, Tim
Complainant
COMPLIANCE FILE
vs.
Tim Walker
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 and 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 .
Your written response of all documents submitted in reply to 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
By: ~()til .tV,
L I-
.
Darlene K . Powell
Inspector
Date
:
October 10, 2006
CERTIFIED MAIL #:
70051820000697016114
Enclosure
cc:
Rich Gerard, Illinois Environmental Protection Agency
Ellen Robinson, Illinois Environmental Protection Agency
FOS File
Latitude : 39.84055
Longitude : -88.95609
Collection Point Description : Other - +/- 5 ft
(Example :
Lat . : 41 .26493
Long .
: -89
.38294)
Responsible Party
Mailing Address(es)
and Phone Number(s)
:
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
Macon
LPC#:
1158165007
Region : 4-Champaign
Location/Site Name :
Decatur/Walker, Tim
Date:
09/15/2006 Time: From 11 :30 am To 12:08 pm Previous Inspection Date
: 03/08/2004
Inspector(s):
Darlene K . Powell, Sherri Ludlam
Weather: sunny, clear, air temperature in eighties
No. of Photos Taken
: # 27 Est. Amt. of Waste : 200
yds3 Samples Taken
: Yes #
No
Interviewed :
Tim Walker ; Gary Yaste
Complaint # :
Tim Walker
3710 Christmas Tree Road
Decatur, Illinois 62521-8648
(217) 875-3418
Collection Method : GPS - Garmin 60CS
(Open Dump
- 1 )
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1 . 9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
013
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
~~
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
10
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
10
(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 #
1158165007
Inspection Date :
09/15/2006
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)
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
U
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
~~
10. 812 .101(a)
OPERATE A LANDFILL
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 :
LPC #1158165007
- Macon County
Decatur/Walker, Tim
FOS File
Inspector(s) : Darlene K
. Powell, Sherri Ludlam
Inspection Date
: Friday, September 15, 2006
Inspection Report Narrative
This site was inspected on September 15, 2006 between the hours of 11
:30 in
the morning and 12 :08 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
. Weather conditions at the time of the inspection were
sunny and clear, with an air temperature in the eighties
. Twenty-seven photographs
were taken
. Follow-up interviews were conducted with Tim Walker, Gary Yaste, Rose
Mary Thurman, and Dennis Ballinger
. No samples were collected .
General Information/Site History
The property is located in Macon County, at 3710 Christmas Tree Road, in
Whitmore Township . The property is 5 .63 acres
. Another 14 .4 acres, at 3610
Christmas Tree Road, is owned by the same individual
. The two properties are
contiguous and are connected by at least one path accessible by motor vehicle
. This
inspection was conducted after receiving a complaint that open dumping of demolition
debris was occurring on the property .
Property Ownership
This property is owned by Timothy Walker
. This information was obtained from
the Macon County Supervisor of Assessment's Office
.
Inspection Findings
We arrived on site at 11 :30 in the morning
. As we approached the front door, we
could see it was open
. We knocked three times but received no answer
. At 11 :38 in
the morning we began inspecting the property
. Slightly to the southeast of the house
we noticed a burn pile that was approximately eight feet across by three feet high
. The
pile consisted of landscape waste and household waste including a suitcase, articles of
clothing, plastic, metal, paper, and cardboard (Photographs 1 and 2)
. We could smell
oil in the area, but it was not possible to determine where the odor was originating from
on site.
We drove back down the main driveway heading west and turned up a path that
took us to another portion of Mr. Walker's property
. On the east side of the path we
noticed 6 piles of landscape waste consisting of woodchips (Photographs 3 and 4)
.
Further east of the landscape was a path leading to a large pile of dimensional lumber
and landscape waste, which consisted of tree trunks, stumps, and branches
1
(Photographs 6
- 10) . On the west side of the path we observed approximately 10 piles
of landscape waste, once again consisting of woodchips (Photograph 11), and further
west near a tree line was a pile of aluminum siding (Photographs 12 and 13)
. Walking
up the path toward the aluminum siding, we noticed another pile of dimensional lumber
(Photograph 14) . The aluminum siding was in a large pile out in the open exposed to
the elements (Photographs 15 and 16) .
After walking around, we drove up the path and noticed another driveway, for
the 3610 Christmas Tree Road residence . From a distance, the driveway appeared to
consist of gravel and dirt . Upon further investigation, we noticed a portion of the
driveway had been constructed using drywall (demolition debris) (Photographs 17 - 19) .
Slightly to the north of the driveway we noticed garbage bags that contained empty
tubes of caulk and other materials that would be used when working with drywall
(Photograph 20) . Another pile of garbage was on the south side of the driveway,
including a bag of mufflers (Photograph 21) . The driveway stretched down to Christmas
Tree Road, and the portion of the driveway closest to the house appeared to be the only
section that had drywall in it (Photograph 22) . We concluded the inspection and left the
site at 12 :08 in the afternoon .
Follow-up Interviews
After completing the inspection of Mr . Walker's property, we drove to 1630 North
Water Street . When we received the initial complaint regarding Mr
. Walker's site, the
caller indicated the demolition debris could be coming from a house on North Water
Street that was being demolished
. We arrived at 1630 North Water Street at 12 :35 in
the afternoon . We asked Mr . Walker who owned the property . Mr
. Walker told us the
owner was Ballinger Real Estate, and he was hired by Mr
. Ballinger to do the
demolition
. We asked Mr . Walker where the demolition debris was being taken for
disposal
. Mr. Walker said the debris was going to the Clinton Landfill
. We asked if the
receipts for the landfill would be going to him or the owner of the property, which he
indicated was Ballinger Real Estate . Mr
. Walker said the receipts from the landfill would
be going to him . It appeared as though the house was approximately halfway through
the demolition process ; two roll-off boxes (Area Disposal) and a smaller dump truck,
owned by Mr
. Walker, were being used to haul debris off of the property (Photographs
23-27) .
We asked Mr. Walker how many loads of waste had been taken in his dump
truck to the landfill and how many loads had been taken to the landfill in the roll-offs .
Mr. Walker indicated that two trips had already been made to the landfill using his dump
truck, and they were working on a third truckload when we arrived at the site
. Mr.
Walker said that two or three loads had already been taken to the landfill using the roll-
offs. Mr. Walker asked if there was a problem
. We advised him of the complaint we
received regarding the dumping of demolition debris on his property. Mr. Walker
insisted the debris was not being dumped on his property
. We thanked him for his time
and left the site at 12
:44 in the afternoon .
I called the Clinton Landfill Facility Manager, Mr . Gary Yaste, on Monday,
September 18, 2006 . I briefly explained the situation regarding the demolition of the
house located at 1630 North Water Street . I asked Mr
. Yaste if there would be a way to
2
track how many loads Mr . Walker had already taken to the Clinton Landfill
. Mr. Yaste
advised me that it was not possible to track any loads brought in by Mr . Walker's dump
truck as a cash paying customer . Mr. Yaste said he would check on the number of
loads brought to the landfill in the roll-offs and would call me back
. According to Mr .
Yaste's scale tickets, two dumpsters of demolition debris were brought to the landfill as
of September 18, 2006, the first on September 7, 2006 and the second on September
15, 2006 . Mr
. Yaste faxed me a copy of each scale ticket for 1630 North Water Street .
The demolition debris from 1630 North Water Street was being disposed of under
the business name Walker Home Service
. A listing for Walker's Home Service was
listed in the Decatur area phone book . Walker's Home Service does not have a
physical address, but the zip code associated with the business is the same as Mr
.
Walker's home address on Christmas Tree Road, 62521 . The phone number
associated with Walker's Home Service is 217-875-3418
. This phone number is also
connected to his 3710 Christmas Tree Road address
.
I called the City of Decatur Planning and Zoning Department on September 26,
2006 to verify a demolition permit was obtained for 1630 North Water Street
. I spoke
with Rose Mary Thurman, Senior Clerk Typist
. Mrs. Thurman verified a permit was on
file with the City of Decatur, and Tim Walker was the contractor for the demolition at
1630 North Water Street . I also called Ballinger Real Estate on September 26, 2006
. I
spoke with Dennis Ballinger Senior regarding the demolition of the home at 1630 North
Water Street . Mr
. Ballinger verified that Mr . Walker was hired to tear down and dispose
of the house . I tried calling Mr
. Ballinger a second time to verify that Ballinger Real
Estate owned the property
. I left a message with the secretary to have Mr . Ballinger call
me
. I called again on September 27
th
and left another message for Mr
. Ballinger .
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 9(a) of the Act,
no person shall cause, threaten, or allow
; or tend
to cause, threaten or allow, air pollution in Illinois .
A violation of Section 9(a) is alleged because evidence of open-
burning that would cause, threaten, or allow ; or tend to cause,
threaten or allow air pollution in Illinois was observed during the
inspection .
3
Pursuant to Section 9(c) of the Act, no person shall cause or allow the open burning
of any 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 not
approved by the agency.
• A violation of Section 9(c) is alleged because evidence that
open burning of refuse had occurred on site was observed
during the inspection .
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 inspection .
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.
4
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), (3) 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 . . . open burning .
•
A violation of Section 21(p), (3) is alleged because open
dumping of waste was caused or allowed that resulted in open
burning was allowed to occur
.
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 .
35 Illinois Administrative Code . (Title 35
: Environmental Protection,
Subtitle G : Land Pollution, Chapter I
: Pollution Control Board)
fRequlationsl
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 .
5
Site sketch for Decatur/Walker, Tim
Site #1158165007 - Macon County
Inspector(s) : Darlene K . Powell, Sherri Ludlam
Inspection Date: Friday, September 15, 2006
•
Drawing not to scale
Arrows indicate direction/location of photographs
wrnJ
1
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Map Output
Decatur/Walker, Tim #1158165007
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Site sketch for Decatur/Walker, Tim
Site #1158165007
- Macon County
Inspector(s) : Darlene K . Powell, Sherri Ludlam
Inspection Date
: Friday, September 15, 2006
1648 N
. Water
House at 1630 North
Water being torn down by
Walker Home Service,
owned by Mr
. Tim Walker
1630 N . Water
1624 N . Water
* Drawing not to scale
Arrows indicate direction/location of photographs
26
On
5
a
S
DATE: 9/15/2006
TIME: 11 :42 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS
: Photo
Taken Toward
: East
PHOTO #: 01
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME: 11
:42 am
PHOTOS TAKEN BY :
Darlene K. Powell
COMMENTS: Photo
Taken Toward : East
PHOTO #: 02
INSPECTION PHOTOS
SITE #: 1158165007
COUNTY: Macon
SITE NAME: Decatur/Walker, Tim
DATE:9/15/2006
TIME: 11
:50 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS: Photo
Taken Toward : West
PHOTO #: 03
INSPECTION PHOTOS
SITE # : 1158165007
COUNTY
: Macon
SITE NAME : Decatur/Walker, Tim
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME : 11 :50 am
PHOTOS TAKEN BY
:
Darlene K
. Powell
COMMENTS: Photo
Taken Toward : North
PHOTO #: 04
DATE: 9/15/2006
TIME: 11 :51 am
PHOTOS TAKEN BY:
Darlene K
. Powell
COMMENTS: Photo
Taken Toward : Northeast
PHOTO
#: 05
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME
: 11 :51 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward: East
PHOTO #: 06
INSPECTION PHOTOS
SITE #: 1158165007
COUNTY: Macon
SITE NAME
: Decatur/Walker, Tim
INSPECTION PHOTOS
DATE : 9/15/2006
SITE #
: 1158165007
COUNTY: Macon
TIME: 11 :51 am
SITE NAME
: Decatur/Walker, Tim
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS : Photo
Taken Toward
: East
PHOTO #: 07
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME: 11 :51 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS: Photo
Taken Toward
: East
PHOTO #: 08
INSPECTION PHOTOS
DATE:
9/15/2006
SITE # : 1158165007
COUNTY: Macon
TIME
: 11 :52 am
PHOTOS TAKEN BY:
Darlene K. Powell
COMMENTS: Photo
Taken Toward : South
PHOTO #: 09
SITE NAME: Decatur/Walker, Tim
------------------------------------------------------------------------------------------------------------------------
DATE
: 9/15/2006
TIME: 11 :52 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS
: Photo
Taken Toward
: Southwest
PHOTO
#: 10
DATE: 9/15/2006
TIME: 11 :54 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS: Photo
Taken Toward : North
PHOTO
#: 11
INSPECTION PHOTOS
SITE #: 1158165007
COUNTY: Macon
SITE NAME: Decatur/Walker, Tim
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME
: 11
:54 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS
: Photo
Taken Toward : West
PHOTO #: 12
DATE: 9/15/2006
TIME: 11 :55 am
PHOTOS TAKEN BY
:
Darlene K
. Powell
COMMENTS: Photo
Taken Toward : West
PHOTO #: 13
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME: 11 :55 am
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS: Photo
Taken Toward: Northwest
PHOTO
#: 14
INSPECTION PHOTOS
SITE #: 1158165007
SITE NAME: Decatur/Walker, Tim
COUNTY: Macon
DATE
: 9/15/2006
TIME: 11 :55 am
PHOTOS TAKEN BY:
Darlene K. Powell
COMMENTS: Photo
Taken Toward : West
PHOTO #: 15
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME: 11
:56 am
PHOTOS TAKEN BY:
Darlene K. Powell
COMMENTS: Photo
Taken Toward : West
PHOTO #
:
16
INSPECTION PHOTOS
SITE #: 1158165007
COUNTY: Macon
SITE NAME:
Decatur/Walker, Tim
DATE : 9/15/2006
TIME: 12:01 pm
PHOTOS TAKEN BY:
Darlene K. Powell
COMMENTS: Photo
Taken Toward: West
PHOTO #: 17
PHOTO #: 18
INSPECTION PHOTOS
SITE #:1158165007
COUNTY
: Macon
SITE NAME : Decatur/Walker, Tim
r
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME: 12:02 pm
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward: Southwest
INSPECTION PHOTOS
DATE: 9/15/2006
SITE #
: 1158165007
COUNTY: Macon
TIME: 12 :02 pm
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS : Photo
Taken Toward: Southwest
PHOTO #
: 19
SITE NAME: Decatur/Walker, Tim
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME
: 12 :02 pro
PHOTOS TAKEN BY:
Darlene K. Powell
COMMENTS
: Photo
Taken Toward
: East
PHOTO #: 20
DATE: 9/15/2006
TIME: 12:04
pm
PHOTOS TAKEN BY
:
Darlene K. Powell
COMMENTS: Photo
Taken Toward : South
PHOTO
#: 21
------------------------------------------------------------------------------------------------------------------------
DATE
: 9/15/2006
TIME: 12:04 pm
PHOTOS TAKEN BY
:
Darlene K
. Powell
COMMENTS
: Photo
Taken Toward : West
PHOTO #: 22
INSPECTION PHOTOS
SITE # : 1158165007
COUNTY: Macon
SITE NAME: Decatur/Walker, Tim
DATE : 9/15/2006
TIME:
12 :42 pm
PHOTOS TAKEN BY
:
Darlene K. Powell
COMMENTS: Photo
Taken Toward : Southeast
PHOTO #: 23
INSPECTION PHOTOS
SITE #:1158165007
COUNTY: Macon
SITE NAME: Decatur/Walker, Tim
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME: 12:43 pm
PHOTOS TAKEN BY
:
Darlene K . Powell
COMMENTS
: Photo
Taken Toward
: South
PHOTO #:
24
INSPECTION PHOTOS
DATE: 9/15/2006
SITE # : 1158165007
COUNTY: Macon
TIME : 12:43 pm
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS : Photo
Taken Toward : Southwest
PHOTO #: 25
SITE NAME :
Decatur/Walker, Tim
------------------------------------------------------------------------------------------------------------------------
DATE: 9/15/2006
TIME
: 12:43 pm
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward: Southwest
PHOTO #: 26
INSPECTION PHOTOS
DATE
: 9/15/2006
SITE # : 1158165007
COUNTY: Macon
TIME
: 12:44 pm
PHOTOS TAKEN BY:
Darlene K
. Powell
COMMENTS
: Photo
Taken Toward
: East
PHOTO #: 27
SITE NAME: Decatur/Walker, Tim
