February 14, 2007

Re: ADMINISTRATIVE CITATION

IEPA Case No .

Site Code No. : 0998110001

Inspection Date : 1/19/07

Dear Ms. Gunn

:

LASALLE COUNTY STATE'S ATTORNEY

JOSEPH P. HETTEL

13th Judicial Circuit

707 East Etna Road, Room 251 .

Ottawa, Illinois 61350

Phone (815) 434-8340

Fax (815) 434-8357

Ms. Dorothy M. Gunn, Clerk

Re:

0998110001 -LaSalle County

Illinois Pollution Control Board

Farm Ridge Township / Wayne and Becky Foster Property

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, IL 60601

Enclosed for filing with the Board is the Administrative Citation package issued to the above-captioned facility

. I

am forwarding one complete copy which includes the following

:

1 .

The Administrative Citation

2.

The Field Inspector's Affidavit

3 .

A Remittance Form

I am also enclosing ten (10) additional copies of the Administrative Citation, documented discussions and

Inspector's Affidavit. Please file stamp a copy and return it to our office

. A self-addressed stamped envelope is enclosed

for your convenience

.

For your records, the Citation package was delivered via personal service by Matthew Stafford, Supervisor of

Field Office Operations for LaSalle County Environmental Services and Land Use on February 13, 2007 at a meeting held

in our office with Rebecca Foster

. The signed and dated affidavit shows receipt of this Administrative Citation so your

files will reflect the thirty-five (35) days after which the Board can enter the required Default Order if a Petition for

Review has not been filed . If the Respondent pays the civil penalty without filing a Petition for Review, I will so notify

your office.

RECEIVED

FEB 2 E 2007

Pollution

STATE OFControl

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IPCB

Respondents were served at

:

Wayne and Becky Foster

1221 North 2053rd Rd

Grand Ridge, IL 61325

Thank you for your assistance and kind attention to this matter

. If there are further documents or materials which

you need from us, please let me know,

Sincerely,

Page 2

y D Holland

Special Assistant State's Attorney

Enclosures

---

Ph :

815 / 434-8666

MICHAEL

E.

HARSTED

DEPARTMENT DIRECTOR

LA SALLE COUNTY

ENVIRONMENTAL SERVICES AND LAND USE

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WASTE MANAGEMENT

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PERMITS

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Fax

: 815 / 433-9303

119 WEST MADISON STREET

Room 107

OTTAWA ILLINOIS 61350

STATE OF ILLINOIS

RECEIVED

CLERK'S OFFICE

COUNTY OF LASALLE

FEB 2 e:

2007

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

Pollution Control Board

COUNTY OF LASALLE

)

Complainant

)

V .

)

WAYNE AND BECKY FOSTER

)AC

NO .

l)

Respondent

)

JURISDICTION

This Administrative Citation is issued pursuant to authority vested in the Illinois Environmental Protection Agency by 415

ILCS 5/31 .1, formerly III

. Rev . Stat . 1991, Ch. 111 '/z, par. 1031 .1, and delegated to the County of LaSalle pursuant to 415

ILCS 5/4 (r), formerly Ill . Rev . Stat ., Ch . 111 '/2, par. 1004 (r).

FACTS

1 . That Respondent, Wayne and Becky Foster, are the present owner and/or operator of property located in Farm

Ridge Township, LaSalle County, Illinois .

2. That said facility is an open dump, operating without an Illinois Environmental Protection Agency Permit, and is

designated with Site Code No . 0998110001 . Said facility is commonly known to the Agency as the Wayne and

Becky Foster Property .

3 . That the Respondent has owned and/or operated said facility since April 18, 2006 .

4. That on January 19, 2007, Christy Vargochik, Landfill Inspector, LaSalle County Department of

Environmental Services and Land Use, under the authority of the Illinois Environmental Protection Agency,

inspected the above described facility. A copy of the inspection reports setting

forth the results of such

inspections are attached hereto and made a part hereof.

---

VIOLATIONS

5 . On the basis of direct observations of Christy Vargochik of the LaSalle County Department of Environmental

Services and Land Use, it has been determined that the Respondents have caused or allowed

open dumping at the

above described facility in a manner which results in the following occurrences

:

That on November 1, 2006, an on-site inspection of said facility disclosed the following

:

XXX Causing or allowing litter --

415 ILCS 5/21 (p) (1), (formerly 111

. Rev. Stat. 1991, ch

. 111 'h, par.

1021 (p) (1) [formerly par . 1021 (q)

(1)]) .

Causing

or allowing scavenging operations -- 415 ILCS 5/21 (p)

(2), (formerly Ill . Rev . Stat.

1991, ch. 111 %, par. 102 (p) (2) [formerly par

. 1021 (q) (2)]) .

Causing or allowing open burning

-- 415 ILCS 5/21 (p) (3), (formerly III

. Rev. Stat. 1991, ch

. 11 I

%, par

. 1021(p) (3) [formerly par . 1021 (q) (3)]).

Causing

or allowing the deposition of waste in standing or flowing waters

-- 415 ILCS 5/21 (p)

(4), (formerly 111. Rev . Stat. 1991, ch

. 111 'h, par . 1021 (p) (4) [formerly par

. 1021 (q) (4)]) .

Causing

or allowing proliferation of disease vectors --

415 ILCS 5/21 (p) (5),

(formerly III. Rev .

Stat. 1991, ch. 1 I 1 %z, par . 1021(p) (5) [formerly par

. 1021 (q)

(5)]).

Causing

or allowing the generation of standing or flowing liquid discharge from the open dump

site -- 415 ILCS 5/21 (p) (6),

(formerly Ill . Rev . Stat. 1991, ch

. 111 '/z, par. 1021(p) (6) [formerly

par. 1021 (q) (6)]).

Causing

or allowing the deposition of general construction or demolition debris, or clean

construction or demolition debris in violation of 415 ILCS 5/21(p)(7)

.

CIVIL PENALTY

6

. Pursuant to 415 ILCS 5/42 (b) (4), formerly 111 . Rev . Stat

. 1991, ch . 111 '/z, par

. 1042 (b) (4), Respondent herein

is subject to a civil penalty of Fifteen Hundred Dollars ($1500

.00) for each violation specified

above in Paragraph

5(b) for a total of one Thousand Five Hundred Dollars ($1500

.00) . Additionally, should Respondent elect to

petition the Illinois Pollution Control Board under the review process described herein below, and if there is a

finding of the violation alleged herein, after an adjudicatory hearing, Respondent shall be assessed the associated

hearing costs incurred by the Illinois Environmental Protection Agency and the Illinois Pollution Control Board,

in addition to the Fifteen Hundred Dollar ($1500

.00) statutory penalty for each finding of violation

.

7

. If you acknowledge the violations cited herein above, the civil penalty specified above

shall be due and payable

no later than thirty-five (35) days from the date of service hereof

. If you do not petition the Illinois Pollution

Control Board of review of this Administrative Citation within thirty-five (35) days of service hereof or if you

elect to contest this Administrative Citation, any judgment rendered against you shall

specify the due date of

the statutory civil penalty and any costs assessed against you .

8

. When payment is made, one check should be made payable to the

LASALLE COUNTY DEPARTMENT

OF ENVIRONMENTAL SERVICES AND LAND USE

and mailed to

:

LaSalle County Department

of Environmental Services and Land Use

119 West Madison Street

Room 107

Ottawa,

Illinois 61350

Also, please complete and return the enclosed Remittance Form, along with your payment, to assure proper

documentation of payment

.

---

9 . If any civil penalty imposed by the Illinois Pollution Control Board is not paid within the time prescribed in the

order, interest from such penalty will be assessed for the period from the date payment is due until the date

payment is received . If any civil penalty, by reason of acknowledgment, default or finding after the

adjudicatory hearing is not paid when due, the LaSalle County State's Attorney may initiate proceedings in

Circuit Court to collect said civil penalty . In addition to the previously assessed civil penalty, interest and

hearing costs of the Illinois Pollution Control Board, if any, the State's Attorney's Office will seek to recover

their costs of litigation .

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

10 . You have the right to contest this Administrative Citation

. See : 415 ILCS 5/31

.1, formerly Ill . Rev. Stat. 1991,

Ch

. 111

%2, par . 1031 .1 . If you elect to contest this Administrative Citation, you must file a Petition for Review

with the Clerk of the Illinois Pollution Control Board . Copies of the Petition for Review should also be filed

with :

Troy D . Holland

LaSalle County Special Assistant State's Attorney

707 Etna Road

Ottawa, Illinois 61350

LaSalle County Department of Environmental Services and Land Use

119 West Madison Street

Room 107

Ottawa, Illinois 61350

Such Petition for Review must be filed within thirty-five (35) days of the date of service of this Administrative

Citation, or a default judgment shall be entered by the Pollution Control Board . Petition for Review may be

filed with the :

Clerk of the Illinois Pollution Control Board

James R . Thompson Center

100 West Randolph, Suite 11-500

Chicago, IL 60601

Dated :

13o

/

o-7

Brian J. Towne

LaSalle County State's Attorney

By :

/Troy D . Holland

Special Assistant State's Attorney

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BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

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 :

LaSalle County Department of Environmental Services and Land Use

119 West Madison Street, Room 107

Ottawa, I L 61350

COUNTY OF LASALLE

Complainant

v.

)

)

)

WAYNE AND BECKY FOSTER

AC NO.

)

Respondent(s)

)

REMITTANCE FORM

FACILITY:

Wayne and Becky Foster

Site Code :

0998110001

1221 North 2053 Rd

County:

LaSalle

Grand Ridge, IL 61325

Township

:

Farm Ridge

CIVIL PENALTY :

$1500.0

for each violation

Number of Violation(s) :

one (1)

Total Remittance :

$1,500.00

Date of Inspection :

January 19, 2007

DATE REMITTED :

SS/FEIN NUMBER

SIGNATURES