INFORMATIONAL NOTICE!!!
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS
.
NOTE :
This Administrative Citation refers to
TWO separate State
of Illinois Agencies
. One is the ILLINOIS POLLUTION
CONTROL BOARD located at James R
. Thompson
Center, 100 West Randolph Street, Suite 11-500,
Chicago, Illinois 60601
. The other state agency is the
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
located at
: 1021 North Grand Avenue East, P .O . Box
19276, Springfield, Illinois 61794-9276
.
If you elect to contest the enclosed Administrative Citation, you must
file a
PETITION FOR REVIEW
with thirty-five (35) days of the date
the Administrative Citation was served upon you
. Any such Petition
for Review must be filed with the clerk of the Illinois Pollution Control
Board by either hand delivering or mailing to the Board at the
address given above
. A copy of the Petition for Review should be
either hand-delivered or mailed to the Illinois Environmental
Protection Agency at the address given above and should be marked
to the ATTENTION
: DIVISION OF LEGAL COUNSEL .
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice law
. Individuals may
appear on their own behalf, or through an attorney . 35 III
. Adm .
Code 101 .400(a)
.
RECEIVED
CLERK'S OFFICE
FEB 2, 0 2007
Pollution
STATE OFControl
ILLINOIS
- oe,rc
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
1-4
1
v .
)
(IEPA No
. 51-07-AC)
HAROLD TOMLINSON, LARRY
)
TOMLINSON and JERRY TOMLINSON
., )
Respondents.
)
NOTICE OF FILING
To:
Harold Tomlinson
Larry Tomlinson
Box 7
107 East Water Street
104 Parkview Circle
Washburn, IL 61570
Washburn, IL 61570
Jerry Tomlinson
109 North Adams
Washburn, IL 61570
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
.
R spectfull submitted,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : February 15, 2007
_te.1= A,
A
ichelle M
. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
FEB 2.0 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
)
AC
U
V .
)
(IEPA No . 51-07-AC)
HAROLD TOMLINSON, LARRY
)
TOMLINSON and JERRY TOMLINSON,
)
Respondents
.
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 Harold Tomlinson, Larry Tomlinson and Jerry Tomlinson ("Respondents") are
the present owners and Harold Tomlinson d/b/a Tomlinson Disposal Service is the current operator
of a facility located at 140 Wilbern Road, Wilbern, Marshall County, Illinois . The property is
commonly known to the Illinois Environmental Protection Agency as Tomlinson Property .
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No . 1238070002 .
3 .
That Respondents have owned said facility at all times pertinent hereto .
4 .
That on December 28, 2006, Jeff Port 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
.
RECEIVEDCLERK'S
OFFICE
FED
2,0
2007
Pollution
STATE OF
Control
ILLINOISBoard
VIOLATIONS
Based upon direct observations made by Jeff Port during the course of his December 28,
2006 inspection of the above-named facility, the Illinois Environmental Protection Agency has
determined that Respondents have violated the Illinois Environmental Protection Act (hereinafter,
the "Act") as follows :
(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)
(2004).
(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) (2004) .
(3) That Respondents caused or allowed the open dumping of waste in a manner
resulting in deposition of general construction or demolition debris
; or clean
construction or demolition debris, a violation of Section 21 (p)(7)
of the Act, 415 ILCS
5/21 (p)(7)
(2004).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), 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 ($4,500
.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
March 30, 2007, unless otherwise provided by order of the Illinois
Pollution Control Board .
2
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 (2004), 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 Illinois Environmental
Protection Agency and the Illinois Pollution Control Board . Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1,500
.00) statutory civil penalty for each
violation .
Pursuant to Section 31 .1 (d)(1) of the Act, 415 ILCS 5/31 .1(d)(1) (2004), if 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 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, 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 Illinois Attorney General may be requested to 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 (2004). 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 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 Respondents .
1-- Sa-
Date:
Douglas P. cott, Director
Illinois Environmental Protection -Agency
Prepared by:
Susan E . Konzelmann, Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
2
.1)5/07
REMITTANCE FORM
DATE OF INSPECTION :
December 28, 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
RECEIVEDCLERK'S
OFFICE
FEB 2,0 2007
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
) AC
d
~ .
V .
)
(IEPA No. 51-07-AC)
HAROLD TOMLINSON, LARRY
)
TOMLINSON and JERRYTOMLINSON,
)
Respondents .
FACILITY: Tomlinson Property
SITE CODE NO.: 1238070002
COUNTY: Peoria
CIVIL PENALTY : $4,500.00
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
)
IEPA DOCKET NO .
RESPONDENT
Affiant,
Jeffrey A
. Port, 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 December 28, 2006, between 2 :05PM and 2 :20PM,
Affiant conducted an inspection of the open dump in Marshall
County, Illinois, known as Tomlinson Property, Illinois
Environmental Protection Agency Site No . 1238070002
.
3 . Affiant inspected said Tomlinson Property open dump
site by an on-site inspection, which included walking and
photographing the site
.
4 .
As a result of the activities referred to in
Paragraph 3 above, Affiant completed the Inspection
Subscribed and Sworn to before
me this .;µJ day of %'z.(r J ~t~I
I
A
/
.%
N tary Public
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
said Tomlinson Property open dump
0 -ICI
I EAL
Carolyn S . Schlucter
Notary Public
. Suuc of illinois
My Commission ; : ;pines 8/20/07
Location/Site Name :
Wilbern/Tomlinson Property
Date:
12/28/2006
Inspector(s) : Jeff Port
No . of Photos Taken : #
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Marshall
LPC#
:
1238070002
Region :
3 - Peoria
Time :
25
Interviewed :
No One Present
Latitude :
(Example :
Lat . :41 .26493
From 2:05 PM
To 2:20 PM
Previous Inspection Date :
Weather: Sunny 45 Degrees F
Est. Amt. of Waste : 75
yds3 Samples Taken : Yes #
No
Complaint # : C-2006-095-P
Collection Point Description : -
Collection Method : -
Longitude :
Long . : -89 .38294)
Harold Tomlinson
Box 7
104 Parkview Circle
Washburn, IL 61570
Jerry Tomlinson
109 North Adams
Washburn, IL 61570
(Open Dump
- 1)
09/03/1993
Larry Tomlinson
107 East Water Street
Washburn, IL 61570
SECTION
DESCRIPTION
VIOL
I
LINOIS
NVIR M NTAL PROTECTION ACT REQUIREM Nt$
-'-
1 . 9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
1162
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
15
3. 12(a)
CAUSE, THREATEN OR
ALLOW WATER POLLUTION IN ILLINOIS
@3
4. 12(d)
CREATE A WATER POLLUTION HAZARD
1113
5. 21(a)
CAUSE OR ALLOW OPEN DUMPING
23
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
1165
(2)
In Violation of Any Regulations or Standards Adopted by the Board
lit
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
1163
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
1113
(2)
Scavenging
(3)
Open Burning
11123
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
(6)
Proliferation of Disease Vectors
Standing or Flowing Liquid Discharge from the Dump Site
0
LPC #
1238070002
Inspection Date :
12/28/2006
Informational Notes
1 .
[Illinois] Environmental Protection Act : 415 ILCS 5/4 .
2 .
Illinois Pollution Control Board : 35 III . Adm . Code, Subtitle G .
3 .
Statutory and regulatory references herein are provided for convenience only and should not be construed as legal
conclusions of the Agency or as limiting the Agency's statutory or regulatory powers . Requirements of some statutes
and regulations cited are in summary format
. Full text of requirements can be found in references listed in 1 . and 2 .
above .
4 .
The provisions of subsection (p) of Section 21 of the [Illinois] Environmental Protection Act shall be enforceable either
by administrative citation under Section 31
.1 of the Act or by complaint under Section 31 of the Act .
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the [Illinois] Environmental Protection Act:
415 ILCS 5/4(c) and (d) .
6
. Items marked with an "NE" were not evaluated at the time of this inspection .
Revised 10/5/2005
(Open Dump - 2)
(7)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
Demolition Debris
FIR
9. 55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumpinq of Any Used or Waste Tire
AI
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
03
35 ILL N IS-ADMINIS
IVE CODEt,REQUIREMENTS
10. 812 .101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
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
ENTS
14.
APPARENT VIOLATION
OF: (N) PCB ; ( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15.
OTHER :
a
1238070002 -- Marshall County
Wilbern/Tomlinson, Property
FOS
Inspection Date : December 28, 2006
Prepared By
: Jeff Port
Page 1
Narrative
On December 28, 2006, I (Jeff Port) performed an inspection at the Tomlinson property located
at approximately 140 Wilbern Road in Wilbern
. According to the complaint, C-2006-095-P,
junk cars and trucks, 55-gallon barrels and other refuse is stored on the property
. The
complainant also stated that the property owners, Harold, Larry, and Jerry Tomnlinson own a
waste hauling operation in Washburn IL
.
I arrived at the site at 2 :05 PM
. The weather was sunny and cold, approximately 40 °F. I
observed a large metal building and a smaller wooden building on the property
. No one
appeared to be present on site . Empty Tomlinson Disposal rolloff boxes were also present . I
observed several piles and accumulations of waste tires, both on and off rim
. I found multiple
areas on the property where waste tires and other waste had been burned. A small trench had
been dug adjacent to the bum areas
. Crushed metal 55-gallon drums were present in one area .
Scrap metal, demolition debris, white goods, and domestic waste were scattered and piled
throughout the property
. Waste tires were located in front of and inside the wooden building .
Photographs P1 through P8, P19, and P23 through P25 show the numerous waste tires on the
property. Photographs P9 through P17 show the burned waste tires and other burned waste
.
Additionally, the trench is seen in photographs P12 and P17 . Photograph P18 shows the 55-
gallon drums
. Photographs P20 through P22 show scrap metal, demolition debris, white goods
and domestic waste . Waste tires are also intermingled with this waste. A backhoe was on site
and can be seen in photographs P3, P21, and P22
. A few junk vehicles were also present on site .
After photographing the site, I left at approximately 2:20 PM.
Photograph locations are depicted on the accompanying site map . Based upon this inspection,
the following violations were observed and are indicated on the accompany checklist .
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) of the (Illinois} Environmental Protection Act (415 ILCS
5/9(a)) is alleged for the following reason : By allowing open burning at the site,
Harold, Larry, and Jerry Tomlinson caused air pollution in Illinois .
2.
Pursuant to Section 9(c) of the (Illinois) Environmental Protection Act (415 ILCS
5/9(c)), no person shall cause or allow the open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any refuse in any chamber
not specifically designed for the purpose and approved by the Agency pursuant to
regulations adopted by the Board under this Act
; except that the Board may adopt
regulations permitting open burning of refuse in certain cases upon a finding that no harm
will result from such burning, or that any alternative method of disposing of such refuse
1238070002 -- Marshall County
Wilbern/Tomlinson, Property
FOS
Inspection Date : December 28, 2006
Prepared By : Jeff Port
Page 2
would create a safety hazard so extreme as to justify the pollution that would result from
such burning .
A violation of Section 9(c) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(c)) is alleged for the following reason :
By allowing open burning at the site,
Harold, Larry, and Jerry Tomlinson caused air pollution in Illinois
.
3 .
Pursuant to Section 12(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/12(a)), no person shall cause or threaten or allow the discharge of any contaminants
into the environment in any State so as to cause or tend to cause water pollution in
Illinois, either alone or in combination with matter from other sources, or so as to violate
regulations or standards adopted by the Pollution Control Board under this Act
.
A violation of Section 12(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/12(a)) is alleged for the following reason :
By allowing the accumulation of waste at
the site, Harold, Larry, and Jerry Tomlinson threatened water pollution in Illinois
.
4.
Pursuant to Section 12(d) of the {Illinois} Environmental Protection Act (415 ILCS
5/12(d)), no person shall deposit any contaminants upon the land in such place and
manner so as to create a water pollution hazard
.
A violation of Section 12(d) of the (Illinois) Environmental Protection Act (415 ILCS
5/12(d)) is alleged for the following reason
: By allowing the accumulation of waste at
the site, Harold, Larry, and Jerry Tomlinson created a water pollution hazard .
5 .
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) of the (Illinois) Environmental Protection Act (415 ILCS
5/21(a)) is alleged for the following reason
: Harold, Larry, and Jerry Tomlinson
caused or allowed the open dumping of waste at the site
.
6.
Pursuant to Section 21(d)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(1)), no person shall conduct any waste-storage, waste-treatment, or waste- .
disposal operation without a permit granted by the Agency or in violation of any
conditions imposed by such permit .
A violation of Section 21(d)(1) is alleged for the following reason
: Harold, Larry, and
Jerry Tomlinson conducted a waste-storage and waste-disposal operation at the site
without a permit granted by the Agency .
7 .
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-
1238070002 -- Marshall County
Wilbern/Tomlinson, Property
FOS
Inspection Date : December 28, 2006
Prepared By
: Jeff Port
Page 3
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
: Harold, Larry, and
Jerry Tomlinson conducted a waste-storage
and waste-disposal operation in
violation of Sections 812 .101(a) of the Regulations .
8.
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) of the {Illinois} Environmental Protection Act (415
ILCS
5/21(e)) is alleged for the following reason :
Harold, Larry, and Jerry Tomlinson
conducted a waste-storage and waste-disposal operation at a site that does not meet
the requirements of Sections 9(a), 9(c),
12(a), 12(d), 21(a), 21(c), 21(d)(1), 21(d)(2),
21(p)(1), 21(p)(3), 21(p)(7), 55(a)(1), and 55(a)(2) of the Act and Section 812
.101(a)
of the Regulations .
9.
Pursuant to Section 21(p)(1) of the (Illinois) Environmental Protection Act (415
ILCS
5/21(p)(1)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in litter .
The prohibitions specified in this subsection (p) shall be enforceable by the Agency either
by administrative citation under Section 31 .1 of
this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping .
A violation of Section 21(p)(1) of the (Illinois) Environmental Protection Act (415
ILCS
5/21(p)(1)) is alleged for the following reason : Harold, Larry, and Jerry Tomlinson
caused or allowed the open dumping of waste in a manner which resulted in litter .
10. 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) of the {Illinois} Environmental Protection Act (415
ILCS
5/21(p)(3)) is alleged for the following reason : Harold, Larry, and Jerry Tomlinson
caused or allowed the open dumping of waste in a manner which resulted in open
burning.
11 .
Pursuant to Section 21(p)(7) of the (Illinois) Environmental Protection Act (415
ILCS
5/21(p)(7)), no person shall, in violation of subdivision (a) of this Section, cause or allow
1238070002 -- Marshall County
Wilbern/Tomlinson, Property
FOS
Inspection Date : December 28, 2006
Prepared By
: Jeff Port
Page 4
the open dumping of any waste in a manner which results in the deposition of general
construction or demolition debris
; or clean construction or demolition debris .
A violation of Section 21(p)(7) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(7)) is alleged for the following reason : Harold, Larry, and Jerry Tomlinson
caused or allowed the open dumping of waste in a manner which resulted in the
deposition of general construction or demolition debris or clean construction or
demolition debris as defined in Section 3.160(b)
of this Act .
12.
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) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(1)) is alleged for the following reason : Harold, Larry, and Jerry Tomlinson
caused or allowed the open dumping of waste tires .
13.
Pursuant to Section 55(a)(2) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(2)), no person shall cause or allow the open burning of any used or waste tire
.
A violation of Section 55(a)(l) of the {Illinois} Environmental Protection Act (415 ILCS
5/55(a)(1)) is alleged for the following reason
: Harold, Larry, and Jerry Tomlinson
caused or allowed the open burning of waste tires .
14.
Pursuant to Section 812 .101(a), all persons, except those specifically exempted by
Section 21(d) of the Illinois 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 Ill . Adm. Code 817 .
A violation of Section 812 .101(a) is alleged for the following reason :
Harold, Larry,
and Jerry Tomlinson operated a landfill at the site without submitting an
application for a permit to the Agency .
r
1238070002 -- Marshall County
Wilbern/Torrilitison Property
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME
: 2 :08 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION
: Photograph taken toward
the north .
PHOTOGRAPH NUMBER : I
PHOTOGRAPH FILE NAME :
1238070002-12282006-001 .jpg
COMMENTS : Waste tires
DATE : December 28, 2006
TIME : 2:09 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the north .
PHOTOGRAPH NUMBER :
2
PHOTOGRAPH FILE NAME :
1238070002-12282006-002 .jpg
COMMENTS : Waste tires and domestic
waste .
DOCUMENT FILE NAME :
1238070002-12282006 .doc
Site Photographs
Page 1 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME : 2:09 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the northwest .
PHOTOGRAPH NUMBER
: 3
PHOTOGRAPH FILE NAME :
1238070002-12282006-003 .jpg
COMMENTS : Waste tires .
DATE : December 28, 2006
TIME : 2:09 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the northeast.
PHOTOGRAPH NUMBER : 4
PHOTOGRAPH FILE NAME :
1238070002-12282006-004 .jpg
COMMENTS : More waste tires .
DOCUMENT FILE NAME :
1238070002-12282006 .doc
Site Photographs
Page 2 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME :
2:09 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the northeast.
PHOTOGRAPH NUMBER : 5
PHOTOGRAPH FILE NAME :
1238070002-12282006-005 .jpg
COMMENTS : More waste tiers and
scrap metal .
DATE : December 28, 2006
TIME: 2:10 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION
: Photograph taken toward
the west .
PHOTOGRAPH NUMBER : 6
PHOTOGRAPH FILE NAME :
1238070002-12282006-006 .jpg
COMMENTS : More waste tires .
DOCUMENT FILE NAME :
1238070002-12282006 .doc
Site Photographs
Page 3 of 13
1238070002 --
Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME: 2:10 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the northeast.
PHOTOGRAPH NUMBER : 7
PHOTOGRAPH FILE NAME :
1238070002-12282006-007 .jpg
COMMENTS : More waste tires and
scrap metal .
DATE : December 28, 2006
TIME
: 2:11 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the east.
PHOTOGRAPH NUMBER : 8
PHOTOGRAPH FILE NAME :
1238070002-12282006-008 .jpg
COMMENTS : Pile of waste tires and
processed wood .
DOCUMENT FILE NAME :
1238070002--12282006 .doc
Site Photographs
Page 4 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME: 2:12 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the northeast.
PHOTOGRAPH NUMBER : 9
PHOTOGRAPH FILE NAME :
1238070002-12282006-009 .jpg
COMMENTS : Burn pile with tire wire
beads
.
DATE : December 28, 2006
TIME: 2:12 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION
: Photograph taken toward
the north .
PHOTOGRAPH NUMBER : 10
PHOTOGRAPH FILE NAME
:
1238070002-12282006-010 .jpg
COMMENTS
: Bum pile with tire wire
beads .
DOCUMENT FILE NAME
:
1238070002-12282006 .doc
Site Photographs
Page 5 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME: 2:12 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the north .
PHOTOGRAPH NUMBER : I I
PHOTOGRAPH FILE NAME :
1238070002---12282006-01I .jpg
COMMENTS : Multiple bum areas with
tire wire beads present.
DATE : December 28, 2006
TIME: 2:13 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the north.
PHOTOGRAPH NUMBER : 12
PHOTOGRAPH FILE NAME :
1238070002-12282006-012 .jpg
COMMENTS : Trench adjacent to burn
areas .
DOCUMENT FILE NAME :
1238070002--12282006 .doc
Site Photographs
Page 6 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME: 2:13 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the north
.
PHOTOGRAPH NUMBER : 13
PHOTOGRAPH FILE NAME :
1238070002-12282006-013 .jpg
COMMENTS : Burn pile with tire wire
beads, domestic waste and scrap metal .
DATE : December 28, 2006
TIME: 2:13 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the north .
PHOTOGRAPH NUMBER : 14
PHOTOGRAPH FILE NAME
:
123807000212282006-014 .jpg
COMMENTS : Burn pile with tire wire
beads, domestic waste and scrap metal
.
DOCUMENT FILE NAME :
1238070002-12282006 .doc
Site Photographs
Page 7 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME : 2:13 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the northeast .
PHOTOGRAPH NUMBER : 15
PHOTOGRAPH FILE NAME :
1238070002-12282006-015 .jpg
COMMENTS : Burn pile with tire wire
beads, domestic waste and scrap metal .
DATE : December 28, 2006
TIME: 2:14 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the east .
PHOTOGRAPH NUMBER : 16
PHOTOGRAPH FILE NAME :
1238070002-12282006-016 .jpg
COMMENTS
: Burn pile with tire wire
beads, domestic waste and scrap metal .
DOCUMENT FILE NAME
:
1238070002--12282006
.doc
Site Photographs
Page 8 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME: 2:14 PM
PHOTOGRAPHED BY :
Jeff
Port
DIRECTION : Photograph taken toward
the south .
PHOTOGRAPH NUMBER : 17
PHOTOGRAPH FILE NAME :
123807000212282006-017
.jpg
COMMENTS
: Trench adjacent to burn
areas .
DATE
: December 28, 2006
TIME : 2:14 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION
: Photograph taken toward
the west.
PHOTOGRAPH NUMBER : 18
PHOTOGRAPH FILE NAME
:
1238070002-12282006-018
.jpg
COMMENTS
: Metal drums .
DOCUMENT FILE NAME
:
1238070002-12282006 .doc
Site Photographs
Page 9 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME : 2:15 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the southwest.
PHOTOGRAPH NUMBER : 19
PHOTOGRAPH FILE NAME
:
1238070002-12282006-019 .jpg
COMMENTS
: Waste tires, demolition
debris, and domestic waste .
DATE
: December 28, 2006
TIME : 2:16 PM
PHOTOGRAPHED BY
:
Jeff Port
DIRECTION : Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER : 20
PHOTOGRAPH FILE NAME
:
1238070002-12282006-020 .jpg
COMMENTS : Waste tires and domestic
waste .
DOCUMENT FILE NAME :
1238070002-12282006 .doc
Site Photographs
Page 10 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME : 2:16 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER : 21
PHOTOGRAPH FILE NAME :
1238070002-12282006-021 .jpg
COMMENTS : Waste tires, demolition
debris, white goods, scrap metal, and
domestic waste .
DATE : December 28, 2006
TIME : 2:17 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the northwest
.
PHOTOGRAPH NUMBER : 22
PHOTOGRAPH FILE NAME :
123807000212282006-022jpg
COMMENTS
: Waste tires, demolition
debris, white goods, scrap metal, and
domestic waste .
DOCUMENT FILE NAME
:
1238070002-12282006
.doc
Site Photographs
Page 11 of 13
1238070002 --
Marshall County
Wilbern/Tomlinson Property
FOS
DATE : December 28, 2006
TIME: 2:17 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION : Photograph taken toward
the north .
PHOTOGRAPH NUMBER : 23
PHOTOGRAPH FILE NAME :
1238070002-12282006-023 .jpg
COMMENTS : Waste tires .
DATE
: December 28, 2006
TIME: 2:18
PM
PHOTOGRAPHED BY
:
Jeff Port
DIRECTION : Photograph taken toward
the north .
PHOTOGRAPH NUMBER : 24
PHOTOGRAPH FILE NAME :
1238070002-12282006-024 .jpg
COMMENTS
: Waste tires inside
bulding .
DOCUMENT FILE NAME :
1238070002--12282006 .doc
r
Site Photographs
Page 12 of 13
1238070002 -- Marshall County
Wilbern/Tomlinson Property
FOS
DATE
: December 28, 2006
TIME: 2:18 PM
PHOTOGRAPHED BY :
Jeff Port
DIRECTION
: Photograph taken toward
the southwest .
PHOTOGRAPH NUMBER
: 25
PHOTOGRAPH FILE NAME :
1238070002-12282006-025 .jpg
COMMENTS : Waste tires inside
bulding.
DOCUMENT FILE NAME
:
1238070002-12282006 .doc
Site Photographs
Page 13 of 13
I
Fild and V Wed
n DMNMMtNo, - -
-
.
"t lie .
, (
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) "
at
11
aldl& . . .County,
THE GRANTOH .S LYLE,
WHITE,$
LOTS RUTWholand .
.and
* i
right
and
:as spouse rf the other
r .
own
~n the rocmyof- .1',qr
uaS tateo f_ 111ing i s . . . .
SIN
S . .
-T:'~
farandinconsidervitkinof the surnot=4
W DK-hAfVR.
iF,M'
n hand
TOHLINSONpaid,
CONVEY__ and INARRANT- A-
of the,
.
.ef'
City, .WaAhurir
-(ozinty i~f . . . Wouiiford . -1' -1
. 1 -1 --1- , - i %'
ad State of Illinois, the following-described real estate, to wit :
he south Half
of the Northeast Quarter (~,T.',,)
of Section 27, 7ownshi
.E) earth '
TWO West of tho Third Principal Nl.cridian,
more paytictilirly describ
:is follows : Commencing at a stone at the southeast corner of the northeast quarter
I
of said Section 27, thence 989021'-58"W along the south line of the northeast quarter
of said Section 27, 709
.39 feet to the point of beginning at the centerline of the
existing right of way (ns fenced) of Township Road 82 . From the point of
beginning 1 ,
'T along said right of way centerline, 98 .26 feet
; thence No20W-22^'fW
of
centerline, 406,17 fee!: ; thence ',64020'-L()"W along said right I`
i
I ~~
7
97 feet to a point on the west ine of the southeast quarter
--
I
I
ne north
(batter of said Scctiori 27
; thence N 12120 -00 r, 33+i-i8 farce, then,
NSaid
- b'OV-15"E,
Tract is
U82subject
.47 feetto
the
; thence
right
53of
044'-32"n',
way of said
825Township
.72 feet
Read
to the
82
point
along
of
its
beginningisoutherl'
J
side and is rubjcct to the right of way of AMOCO Pipeline Company which crosses said
tract in the manner
s;,hown
on the plat contiquous herewith, and contains an area, in- ,
P
eluding said rights of way of 8 .31;4 acres, ^.a
ore or less, and is subject to all easement
for pipelines, highways or utilities,
WARRANTY
Perm
STA ;, !
Fee $ -
'clock . . . .Cf: - M .
Recorder.
in the State of
I!Enois, hereby releasing and waiving all
rights
satiated
under
in the
and
County
by
virtue
A of
thN
Exemption Laws of
this State.
of,
May
6
nr
D 197";
. .
AL)
. . . . fSFAL)
, (ZEAL) (ZEAL)
.(Loin,
T OF ILLINOIS,
I
"Marshall
33,
IT V
Co
a notary rUblic
- . . .
.0, -
- .~
F4-ier ord - I
'nty in
the St-tW afrvsaid, DO 11
M and 'or said Cr~
~ ~ ,
I~HITE ~§ LOTS WHITE,
Certify, E
- TTE'
husband
and wife, each :
Iin
their~p~~
..
lightrigh
other
hI
il
I
PROOF OF SERVICE
I hereby certify that I did on the 15th day of February 2007, 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:
Harold Tomlinson
Larry Tomlinson
Box 7
107 East Water Street
104 Parkview Circle
Washburn, IL 61570
Washburn, IL 61570
Cert ll
7004 2510 0001 8587 8341
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 8587 8365
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
Cert II 7004 2510 0001 8587 8358
Jerry Tomlinson
109 North Adams
Washburn,
Cert 11 7004
IL 615702510
0001 8587 8334
