ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026
ROD R. BLAGOJEVICH, GOVERNOR
(217) 782-9817
TDD: (217) 782-9143
January
16, 2008
John Therriault, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
DOUGLAS
P. Scon,
DIRECTOR
o
RIG
II\~
AL
RECEIVED
CLERK'S OFFICE
JAN 18 2008
STATE OF ILLINOIS
Pollution Control Board
Re:
Illinois Environmental Protection Agency v. Norma Eddington and Cecil Eddington
IEPA File No.1-08-AC;
0178055002-Cass County
Dear Mr.Therriault:
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies
of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector'sIllinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s).
On this date, a copy
of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail. As soon as I receive the return receipt, I will promptly file a copy with you,
so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period for
purposes
of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation.
If you have any questions or concerns, please do not hesitate to contact me at the number above.
Thank you for your cooperation.
Sincerely,
Jl~~~
Michelle M. Ryan
Assistant Counsel
Enclosures
ROCKFORD - 4302 North Main Street, Rockford, IL 61103 - (815) 987-7760
•
DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (847) 294-4000
ELGIN - 595 South State, Elgin, IL 60123 - (847) 608-3131
•
PEORIA - 5415 N. University St., Peoria, IL 61614 - (309) 693-5463
BUREAU OF LAND - PEORIA - 7620 N. University St., Peoria, IL 61614 - (309) 693-5462
•
CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800
SPRINGFIELD - 4500 S. Sixth Street Rd., Springfield, IL 62706 - (217) 786-6892
•
COLLINSVILLE - 2009 Mall Street, Collinsville, IL 62234 - (618) 346-5120
MARION - 2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NORMA EDDINGTON and CECIL
EDDINGTON,
ECE VED
CLERffS OFFICE
JAN
18
2008
STATE OF
ILLINOIS
O~
,[
~O/lution
Control
Board
AC
(IEPA No. 1-08-AC)
ADMINISTRATNE CITATION
Complainant,
v.
Respondents.
PROTECTION AGENCY,
ILLINOIS
ENVIRONMENTAL)
oRIG}
)
r\~
IL\
L
)
)
)
)
)
)
)
NOTICE OF FILING
To:
Norma Eddington
4954 U.S. Highway 67
Beardstown, IL 62618
Cecil Eddington
801 E. Third Street
Beardstown, IL 62618
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk
of the Pollution
Control Board
of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
,
Respectfully submitted,
,-U~ilc;~
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: January 16, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NORMA EDDINGTON and CECIL
EDDINGTON,
(IEPA No. 1-08 -AC)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
Respondents.
ADMINISTRATIVE CITATION
lllQ
J
\
IlC:
....
~
jl
f I
14_
1\
I
)
AC
)
)
)
)
)
)
)
)
)
ECEIVED
CLERK'S OFFICE
JAN 18 2008
STATE OF ILLINOIS
Pollution Control Board
O?>
--
\~
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 Norma Eddington is the present owner and Cecil Eddington is the operator
(collectively "Respondents")
of a facility located at 4954 U.S. Highway 67, Beardstown, Cass
County, Illinois. The property is commonly known to the Illinois Environmental Protection
Agency as Hagener Township/Eddington #2.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated v.nth Site Code No. 0178055002.
3.
That Respondents have owned/operated said facility at all times pertinent hereto.
4.
That on December 6, 2007, Charles W. King, Jr.
of the Illinois Environmental
Protection Agency's Springfield Regional Office inspected the above-described facility. A copy of
1
his inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by Charles King during the course
of his December 6,
2007 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).
CIVIL PENALTV
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 One Thousand Five Hundred Dollars ($1,500.00). 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 February 15, 2008, 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 (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
2
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.
Ifany 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 Respondent.
Illinois
DOUgta~ott,
~
Environmental
f.
Director
h...tt
Protection
?.,
l
Agency
s-
,
'<--=:'
Date:
I
.
/
I
0
..
/:J.
00
~
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
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
0
RIG
ll~ [~~
L
Complainant,
)
)
v.
)
)
NORMA EDDINGTON and CECIL
)
EDDINGTON,
)
)
)
)
Respondents.
)
Al:o
CLEFUf!§
l~a:D
JAN
18
2008
STATE 0
POllution
C~~tLLINO/S
rol Board
AC ()
8"
.. 1Y"
(IEPA No. 1-Q8-AC)
FACILITY:
COUNTY:
Hagener Township/Eddington #2
SITE CODE NO.:
Cass
CIVIL PENALTY:
0178055002
$1,500.00
DATE OF INSPECTION:
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
December 6, 2007
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
eel!'
CLERK'S
O'''E
.FF/ce
b
JAN
18
2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
STATE
1108
POllution
gF
ILLINOiS
AFFIDAVIT
OntrolBoard
IN THE MATTER OF:
Illinois Environmental
Protection Agency
vs.
Nonna Eddington, and
Cecil Eddington
Respondents.
)
,\~
OR I
GF~A
L
~r,o'
)
)
)
IEPA DOCKET NO.
)
)
)
)
)
Affiant, Charles W.
King,
Jr., being first duly sworn, voluntarily deposes and states as
follows:
1. Affiant is a field inspector employed by the Division of Land Pollution Control/Field
Operations Section
of the Environmental Protection Agency and has been so employed at
all.times pertinent hereto.
2. On December 6,2007, between 10:20 a.m. and 11:45 a.m., Affiant conducted an
inspection
of an open dump, located in Cass County, Illinois and known as Hagener
Township/Eddington # 2
by the Illinois Environmental Protection Agency. Said site has
been assigned site code number LPC # 0178055002 by the Agency.
3. Affiant inspected said 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 Report fonn 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 open dump.
C~
de
~
1
Charles W.
King,
Jl
Subscribed and Sworn to Before Me
this1'ct
day
of
~.
, 2007
Notary
~~~~~~~~.-
Public
<-~
OFFICIAL SEAL
~
CHARLENf K POWELl..
~
') NOTARY flUBUr " TATE OF ILLINOIS
~
~
My Comn,.
~)(Ph
dCJ
March is, 2008 7
"'-J~
....
:I'-t.I" ...
,I""""""'''''~.s;''_~~
,",..
t:I1K·~
OFF,ce-
ILLINOIS ENVIRONMENTAL PROTECTION AGENC'AN " 8
2
Open Dump Inspection Checklist
008
STATE OF
'LlINOIS
PollutIon Contr,nl B
County:
Cass
LPC#:
0178055002
Region:
5 - Springtfelrr oard
Location/Site Name:
Hagener Township/Eddington # 2
Date:
12/06/2007 Time: From 1120
To 1145
Previous Inspection Date: 09/11/2007
Inspector(s):
Charlie King
Weather: Overcast, 25 deg.
F., Winds W
@
15 mph
No.
of Photos Taken: # 14
Est. Amt. of Waste: 409
yds
3
Samples Taken: Yes #
No X
Interviewed:
Cecil Eddington
--
Complaint #: C-08-001-C
-------------
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Mr. Cecil Eddington
801 E. Third Street
0
RIG I
t~
A
L
Beardstown, IL 62618
-
Mrs. Norma Eddington
4954
U. S. Highway 67
Beardstown, IL 62618
217/323-4635
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
D
4.
12(d)
CREATE A WATER POLLUTION HAZARD
D
5.
21(a)
CAUSE OR
ALLOW OPEN DUMPING
X
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
6.
21(d)
OPERATION:
(1 )
WithoutaPermit
X
(2)
In Violation of Any Regulations or Standards Adopted by the Board
X
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE
ATITO
SITES NOT MEETING REQUIREMENTS OF ACT
X
7.
21(e)
AND REGULATIONS
CAUSE OR
ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
8.
21(p)
IN
ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
(1)
Litter
X
(2)
Scavenging
D
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
D
(5)
Proliferation of Disease Vectors
D
(6)
Standing or Flowing Liquid Discharge from the Dump Site
D
Revised 06/18/2001
(Open Dump - 1)
LPC
#
0178055002
Inspection Date:
12/06/2007
(7)
3.160(a);Depositionorof:(ii)(i)CleanGeneralConstructionConstructionor Demolitionor
DemolitionDebrisDebrisas
definedas
defined
in Section
in Section3.160(b)
D
9.
55(a)
NO PERSON SHALL:
(1 )
Cause or Allow Open Dumping of Any Used or Waste Tire
X
(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
X
10.
812.101(a)
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
D
12.
808.121
SPECIAL WASTE DETERMINATION
D
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
D
13.
809.302(a)
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENTCASE
NUMBER:VIOLATION
OF: (D) PCB;ORDER
(D) CIRCUITENTEREDCOURTON:
D
15.
OTHER:
D
D
D
D
D
D
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 06/18/2001
(Open Dump - 2)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM
DATE:
December 21,2007
TO:
Land Division File
FROM:
Charlie King, DLPC/FOS - Springfield Region
SUBJECT:
LPC # 0178055002 - Cass County
Hagener Township/Eddington
#
2
C-08-001-C
FOS File
NARRATIVE RE-INSPECTION REPORT DOCUMENT
The purpose
ofthis memorandum is to serve as the Narrative Re-Inspection Report
Document
of a re-inspection conducted on December 6, 2007, from approximately 11 :20
a.m. until 11 :45 a.m., by this author. No one accompanied me on this re-inspection. The
re-inspection was conducted to follow-up the previous site re-inspection conducted on
September 11, 2007. I was accompanied on that re-inspection
by my supervisor, David
C.
Jansen, Manager, DLPC/FOS - Springfield Region. That re-inspection followed-up
the original site inspection conducted on August 10, 2007, by this author, in response to a
complaint received at the DLPC/FOS - Springfield Regional Office. The two previous
inspections were discussed in this author'snarrative to the Land Division File, dated
September 26, 2007. That document should be referenced for greater detail. Those first
two inspections referenced above, resulted in the issuance
of an Open Dump
Administrative Citation Warning Notice (ACWN) dated September 27,2007. As
of the
date of this memorandum, no written response, as required within 15 days in the ACWN,
has been received.
This site has a history with the Illinois EPA.
It
was the subject of a series of inspections
conducted
by this inspector a few years ago. Specifically, an inspection was conducted
on January 12, 2004. As a result, Open Dump Administrative Citation Warning Notices
(ACWNs) were issued to Norma Eddington and Cecil Eddington (mother and son), on
February
26,2004 for the open dumping of a large volume of wastes, and open burning.
The first re-inspection was conducted on April 27, 2004, which resulted in a clean-up
time extension until July 15, 2004, as discussed in an Illinois EPA letter to Mr. Eddington
dated May 11, 2004. Mrs. Eddington was copied on the letter. The site was then re-
inspected on August 23,2004. That re-inspected resulted in another clean-up time
extension until October 31, 2004, as discussed in Illinois EPA letters to both respondents,
dated September 9,2004. The site was re-inspected again on November 18,2004. The
site was found to have returned to compliance. Final receipts documenting clean-up
activities were received
by the DLPC/FOS - Springfield Region on November 24, 2004.
Return to Compliance letters were sent to the respondents from the Illinois EPA dated
December 30, 2004.
The geographic area
of the August 10 and September 11, 2007 inspections was much
smaller than the area addressed in 2004. Those inspections were primarily concerned
with the repair shop, known as the "garage" during the 2004 inspections, and its
immediate surroundings, up to
200' in any direction from the repair shop. Other areas of
wastes, however, were observed during the brief September 11, 2007 re-inspection,
which were observed in much greater detail during the December 6, 2007 re-inspection.
The site is located at 4954 U.
S. Highway 67, Beardstown,
IL
62618. The site is on the
east side
of Route 67, in a rural area, approximately five miles south of Beardstown. The
garage repair shop is located behind the house. The house cannot
be seen from the
highway, as a long driveway through a wooded area precludes it from being seen. The
garage repair shop is most easily accessed
by turning east on Hagener Road, going a few
hundred feet and turning north. There are two roads that split into a
"Y" at that location.
The eastern road should be taken. Going another 400' or so, the repair shop is on the left,
or west side of the road, just north of a horse lot. The legal and specific location of the
site in
on the Warranty Deed, which was obtained during the 2004 inspections.
It
lists
Thomas W. Eddington and Norma
E. Eddington, husband and wife, as the owners.
Thomas W. Eddington is deceased, leaving Norma E. Eddington as the sole owner
of the
site. That deed is No. 51471, filed December 20, 1972, in Book 138
of Deeds, Page 161.
A search conducted at the Cass County Courthouse Tax Assessors Office and the
Recorder
of Deeds Office on August 15,2007, revealed no updates to the deed or
ownership.
The last address on record for Cecil Eddington was 801 E. Third Street, Beardstown,
IL
62618. A check with the Cass County Courthouse on August 15,2007, still shows him to
live at this address,
per his voting registration. Therefore, all mail to Cecil should be sent
to him at his Third Street address. Norma Eddington owns the residence on Third Street.
A deed for that property can
be found in Book 174 of Deeds, Page 456, per a search by
this inspector on August 15, 2007. A copy ofthat deed has not been obtained by the
Illinois EPA. The garage repair shop business, operated
by Cecil Eddington, is owned by
his mother, Norma Eddington. All mail to Norma Eddington should be sent to her at
4954 U.
S. Highway 67, Beardstown,
IL
62618. Her telephone number is: 217/323-
4635.
Upon arrival at the site on the day
of the inspection, the weather was overcast with an air
temperature
of approximately 25° F. Winds were westerly at approximately 15 mph.
Surface soil conditions were mostly dry.
Upon arrival at the site on the day of the December 6, 2007 inspection, initially, no one
was observed in the area. I telephoned Norma Eddington and told her I was present, near
the garage where Cecil operated his repair business. I told her I was there to conduct
my
re-inspection and asked if Cecil was there. She said that he was not. I then asked her if
she minded if! conducted the re-inspection. She said that she guessed she didn't mind. I
2
told her if there was anything she needed to discuss, that I would be conducting the
inspection. She concurred.
Although less waste was found around the garage used as a repair business, much more
waste was observed elsewhere. North
of the garage, waste plastics, paper, metals,
general household refuse, an automobile battery, used tires both
on and off rims,
automobile parts, three apparent
junk vehicles, a junk mobile horne, furniture and wood
were observed.
While leaving the site in the state vehicle, a pick-up truck approached with three men in
it. I recognized the driver as Cecil Eddington.
We both carne to a stop adjacent to each
other in the pick-up trucks
we were in. I advised Mr. Eddington that I had just conducted
are-inspection
of the property and had found continued apparent violations, especially
north
of the garage. He stated that he had cleaned the garage up and that I could see the
inside
of it if I wanted to (he had denied me access to the shop during a previous
inspection, when another
man and a strong solvent smell were present). I told him that
would not
be necessary on that day. He asked if everything looked o.k., and I reiterated
that there were still a lot
of wastes laying about from vehicle parts to used tires to an
apparent
junk mobile horne. He admitted bringing the mobile horne to the site for the
purposes
of stripping it, for the money that might bring. I told him that if we was going
to strip it that
he better get busy on it, because as the condition it was in, we would
consider it waste. I told him that
we never received a written response to the ACWNs we
sent to him and his mother. He said he didn'tknow he had to respond. I told him the
directions for a required response were in the ACWN. He said that
he gave it to his sister
or sister-in-law and thought that she was going to answer it. I reminded him that his
ACWN was addressed to him, not his sister or sister-in-law. I further told him that I
didn't know ifhe and his mother would receive a fine (civil penalty) or not. I told him it
didn'tlook good that more wastes were observed and that neither he, nor his mother had
responded to the
ACWN as required. I told him that the Illinois EPA may very well
decide to pursue a civil penalty based on the history
of non-compliance at the property.
During the re-inspection, 14 photographs were taken during the inspection with a digital
camera.
They show the conditions at the property on the day of the inspection. From the
inspection and the photos, a partially computer generated, partially hand drawn sketch
of
the site was developed by this author. The sketch shows the approximate layout, as well
as the approximate locations and directions
of the inspection photos. The digital camera
provides a three digit number to each photograph, i.e. 001, 002, etc. This is
how the
photographs are referred to in this narrative and on the Digital Photographs. However,
on
the Site Sketch, real numbers were used, i.e., 1, 2, etc. Copies of the Digital Photographs
and the Site Sketch accompany this report.
The photographs are described as follows:
Photo
# 001 shows a white Oldsmobile Delta 88 with no plates, a red Chevrolet Lumina
with Illinois license no. 110037, Exp. 12-06, a vehicle cab apparently being worked on,
and a small amount
of litter were observed around this garage, which is used as an auto
3
repair and auto body repair shop by Cecil Eddington, the business owner. Nonna
Eddington owns the building.
Photo
# 002 shows that the waste observed in this specific area during the previous site
inspection had been removed
from the ground
in
front ofthe garage.
Photo # 003 shows a silver-blue Chevy pick-up truck with current Illinois license no.
25381P, Exp. 04-08. The car is shown again in photo
# 007.
Photo
# 004 shows an apparent waste Dura1ast automobile battery found on the ground.
Photo # 005 shows
Nonna Eddington'sbackyard.
Photo
# 006 shows behind the garage used as a repair shop.
Photo # 007 shows an old, blue, Chevrolet Nova, also shown in photo # 003, had the
word "Junk" printed on the trunk lid.
Photo
# 008 shows a Lincoln Continental front end body without a motor, hood, frame or
other parts, metals, used tires, mostly on rims, plastics and wood on the ground in an area
that measured approximately 15' x 20' x 2'.
Photo # 009 shows approximately 30 used tires, some on rims and some off rims, on both
the ground and on a flatbed trailer. At right is an apparent junk Lincoln Continental.
Photo
# 010 shows used tires, wood, carpet, furniture, automobile parts, metals and a
junk mobile home.
Photo
#
011 shows approximately 19 more tires, some on rims and some off rims, and
piles
of wood wastes in an area measuring collectively, approximately 20' x 10' x 2'.
Photo
#
012 shows a partially stripped mobile home measuring approximately 14' x 70' x
8'.
Photo
#
013 shows the inside of the open mobile home door revealed apparent refuse and
garbage on the floor of the trailer.
Photo
# 014 shows the junk mobile home from another angle and a small refuse pile
containing general household refuse, garbage and clothes.
During the December 8, 2007 inspection, apparent violations
of the Illinois
Environmental Protection Act (Act) were noted. Most
of the apparent violations noted
during the previous site inspection were still alleged, however some
of those had
changed. Of the Act, Section 55(a)(2) was no longer observed. Those apparent
violations
of the Act that were observed were Sections: 21 (a), 21 (d)(1), 21 (d)(2), 21 (e),
21(P)(1), 21 (P)(3) and 55(a)(1). Sections 21(d)(1), 21(d)(2) and 21(e) were new apparent
violations and are alleged because Cecil Eddington told this inspector that
he had brought
4
the mobile home onto the site for stripping. That is, he brought outside waste onto the
site. Due to this, an apparent violation ofthe regulations, 35 Illinois Administrative Code,
Subtitle G, Section 812.101(a) is alleged. The Open Dump Inspection Checklist that
accompanies this report provides additional information.
Other Comments:
1. The identity of the two men with Cecil Eddington
in
his truck are unknown.
2. Norma Eddington did not come out to talk with me during the inspection.
CK
cc:
DLPCIFOS
-
Springfield Region
5
SITE SKETCH
Site name:
LPC#:
Inspector:
Hagener Township/Eddington
# 2
0178055002
Charlie King
County:
Date:
Time:
FOS File
Cass
December 6, 2007
11:20 a.m.
-11:45 a.m.
A digital camera was used
for the Inspection photos. Distances are approximate
-
Not drawn to scale
14
I3
+----
\
1
To
Rte 67
Nonna
Eddington's
house
\
10
+--- 7
\
8
N
-$-
~
5
Garage and
auto
repair/auto
body repair
shop
6
~t
123
LEGEND
Photo number and direction
Open dumping
Used tires
Apparent junk vehicles
@
H1i~ois
Environmental Protection Agency
Bureau of Land
Division
of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 0178055002 - Cass County
Hagener Township/Eddington # 2
FOS File
File Names: 0178055002-12062007-[Exp. #].jpg
Page 1 of 7
Date: December 6, 2007
Time: 11:24 a.m.
Direction: W/NW
Photo by: Charlie King
Exposure #:
001
Comments: A white
Oldsmobile Delta 88
with no plates, a red
Chevrolet Lumina
with
Illinois license no.
110037, Exp. 12-06, a
vehicle cab apparently
being
worked on, and a
small
amount of litter
were observed around
this garage, which is
used as an auto repair
and auto
body repair
shop by Cecil
Eddington, the
business owner.
Norma Eddington
owns
the building.
Date: December
6, 2007
Time:
11 :24 a.m.
Direction: NW
Photo by: Charlie King
Exposure
#:
002
Comments: The waste
observed in
this
specific area during the
previous site
inspection had been
removed
from the
ground in front of the
garage
@
IIU!"'ois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 0178055002 - Cass County
Hagener Township/Eddington
#
2
FOS File
h
File Names: 0178055002-12062007-[Exp. #].jpg
Page 2 of 7
Date: December 6, 2007
Time:
11 :24 a.m.
Direction: N
Photo by: Charlie King
Exposure #: 003
Comments: A
silver-
blue Chevy pick-up
truck with current
Illinois license no.
25381 P, Exp. 04-08.
The
car is shown again
in
photo # 007.
Date: December 6,2007
Time:
11 :24 a.m.
Direction: NW
Photo by: Charlie King
Exposure #: 004
Comments: An
apparent waste
Duralast automobile
battery
found on the
ground.
~
HIi~ois
Environmental Protection Agency
Bureau of Land
.
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 0178055002 - Cass County
Hagener Township/Eddington # 2
FOS File
File Names: 0178055002-12062007-[Exp. #].jpg
Page 3 of 7
Date: December 6,2007
Time:
11 :28 a.m.
Direction: NW
Photo by: Charlie King
Exposure #: 005
Comments: Norma
Eddington's backyard.
Date: December
6, 2007
Time:
11 :28 a.m.
Direction: N
Photo by: Charlie King
Exposure #: 006
Comments: Behind the
garage used as a repair
shop.
~
lJI~nois
Environmental Protection Agency
Bureau
of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 0178055002 - Cass County
Hagener Township/Eddington
#
2
FOS File
File Names:
0178055002-12062007
-[Exp. #].jpg
Page 4 of 7
Date: December
6, 2007
Time:
11
:30 a.m.
Direction: W
Photo by: Charlie King
Exposure #:
007
Comments: An old,
blue,
Chevrolet Nova,
also shown in photo #
003, had
the word
"Junk" printed on the
trunk lid.
Date: December
6, 2007
Time:
11
:32 a.m.
Direction: W
Photo by: Charlie King
Exposure #:
008
Comments: A Lincoln
Continental front end
body without a motor,
hood, frame
or other
parts, metals, used
tires,
mostly on rims,
plastics and wood on
the ground in an area
that measured
approximately
15'
x
20'
x
2'.
~
.
IIU~ois
Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 0178055002 - Cass County
Hagener Township/Eddington # 2
FOS File
File Names:
0178055002-12062007
-[Exp. #].jpg
Page 5 of?
Date: December
6, 2007
Time:
11:32
a.m.
Direction: NW
Photo by: Charlie King
Exposure #:
009
Comments:
Approximately
30
used
tires,
some on rims and
some off rims, on both
the ground and on a
flatbed trailer.
At right
is an apparent junk
Lincoln Continental.
Date: December
6, 2007
Time:
11 :35
a.m.
Direction: NW
Photo by: Charlie King
Exposure #:
010
Comments: Used tires,
wood, carpet, furniture,
automobile parts,
metals and a
junk
mobile home.
~
m!nois Environmental Prote.ction Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC
#
0178055002 - Cass County
Hagener Township/Eddington
#
2
FOS File
File Names:
0178055002-12062007
-[Exp. #].jpg
Page 6 of 7
Date: December
6,2007
Time:
11
:37 a.m.
Direction: NW
Photo by: Charlie King
Exposure #:
011
Comments:
Approximately 19 more
tires,
some on rims and
some off rims, and
piles
of wood wastes in
an area measuring
collectively,
approximately
20'
x
10'
x 2'.
Date: December
6, 2007
Time:
11
:37 a.m.
Direction: NW
Photo by: Charlie King
Exposure #:
012
Comments: A partially
stripped mobile home
measuring
approximately 14' x
70'
x8'.
@
H1i.nois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
LPC # 0178055002 - Cass County
Hagener Township/Eddington
#
2
FOS File
File Names: 0178055002-12062007-[Exp. #].jpg
Page 7 of 7
Date: December 6,2007
Time: 11 :39 a.m.
Direction: E
Photo by: Charlie King
Exposure #: 013
Comments: The inside
of the open mobile
home door revealed
apparent refuse and
garbage on
the floor of
the trailer.
Date: December
6, 2007
Time:
11 :40 a.m.
Direction: SW
Photo by: Charlie King
Exposure #: 014
Comments: The junk
mobile home from
another angle and a
small refuse pile
containing general
household refuse,
garbage and clothes.
PROOF OF SERVICE
ORIGINAL
I hereby certify that I did on the 16th day of January 2008, send by
ECEIVED
CLERK'S OFFICE
JAN 18 2008
6¢;
lQffiJ/",ElN{tljS
a utlon Control Board
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copyofthe following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Nonna Eddington
4954 U.S. Highway 67
Beardstown, IL 62618
Cecil Eddington
801 E. Third Street
Beardstown, IL 62618
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:
John Therriault
Pollution Control Board
James
R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
,---L
Michelfe
~ ~tJ.1~
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
Pestmark
Here
o Ves
o Agent
o Addressee
o
Express Mail
o Return Receipt for Merchandise
o
C.O.D.
Postage
$
I--------l
Certified Pee
(Endorsement
"·~-~'l
Required)
~~~
Restricted Delivery Fee
--2--.-1
(Endorsement Required)
Total Postage & Fees
$
SentT-o--.-------.--------------,
4. Restricted Delivery?
(Extra Fee)
()O
Service Type
o
Certified Mail
o Registered
o
Insured Mail
x
A.
Signature
COMPLETE THIS SECTION
ON
OELIVERY
. B. Received by (
Printed Name)
IC. Date of Delivery
D. Is delivery address different from item
1? 0
Ves
If YES, enter delivery address below:
0
No
~
lrllr~==~
:
~
'--__
-"'=--::::...--.::...,::....~~:.......::;,:::;::....':=r:_-.-:~!!::,~H~>L-±:':.--.-J
t:Q,t:Q
....=liM
DiD
DiD
0;0
o~o
M'M
U1 I U1
ru i ru
.:r-:.:r-
o 0
0'0
('-1('-
7004 2510 0001 8619 0756
John Therriault, Clerk
Illinois Pollution Control B
James. R. Thompson Center
100 W. Ramdolph St.,Suite 11-
Chicago, IL 60601
2. Article Number
(Transfer from service Jabel)
1.
Article Addressed to:
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card
to you.
• Attach this card
to the back of the mailpiece,
or on the front if space permits.
SENDER:
COMPLETE THIS SECTION
.
7004 2510 0001 8619 0732
COMPLETE THIS SECTION ON DELIVERY
B. Received by
(Printed Name)
IC. Date of Delivery
D. Is delivery address different from item 1? DYes
If YES, enter delivery address beiow:
D No
DYes
D Agent
D Addressee
D Express Mail
D Return Receipt for Merchandise
DC.a.D.
x
A. Signature
4. Restricted Delivery?
(Extra Fee)
3. Service Type
D Certified Mail
D Registered
D Insured Mail
Norma Eddington
4954 u.s. Highway 67
Beardstown, IL 62618
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front jf space permits.
1. Article Addressed to:
2. Article Number
(Transfer from service label)._
.
SENDER:
COMPLETE THIS SECTION
'
• .'
j'
