ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
'S OFFICE
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 -( 217)
782
ci33:
JAMES R.
THOMPSON CENTER, 100 WEST RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601 - (312) 814-6026
ROD
R.
BLAGOJEVICH, GOVERNOR
?
DOUGLAS
P.
SCOTT, DIRECTOR
eC E
WE
(217) 782-9817
TDD: (217) 782-9143
OR'
/•AL
MAR 2 0 2008
STATE OF ILLINOIS
Pollution Control Board
March 18, 2008
John Therriault, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection A • ency v.Gire Properties Inc. and Gire Construction Inc.
IEPA File No. 27-08-AC; 0410355017—Douglas 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's Illinois 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,
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
bcc: Susan Konzelmann, DLC #21
Mike Davison, Division of Land Pollution Control #24
Division of Land Pollution Control File Room #24 (Compliance File)
Villa Grove/Gire Construction, Inc.
0410355017—Douglas County
Mike Mullins, Champaign Regional Office
espectfully submitted,
Miche le M. Ryan
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
AECEEEIVED
CLERK'S
OFFICE
ILLINOIS ENVIRONMENTAL
MAR 2 3 2008
PROTECTION AGENCY,
Complainant,
v.
GIRE PROPERTIES INC. and GIRE
CONSTRUCTION INC.
Respondents.
OR
/G/
V 4 STATE
OF iLLINOIS
Poilutson Control Board
(IEPA No. 27-08-AC)
AC
oc(
NOTICE OF FILING
To:
Gire Properties, Inc.
Gire Construction Inc.
Edwin J. Gire, Jr., Registered Agent
Edwin J. Gire, Jr., Registered Agent
101 Sycamore Street
101 Sycamore Street
Villa Grove, IL 61956
Villa Grove, IL 61956
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.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: March 18, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR 2 0 2008
ADMINISTRATIVE CITATION
?
STATE OF
ILLINOIS
Pollution Control
Board
QRIG/IVAL
AC
Vg
(IEPA No. 27-08-AC)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GIRE PROPERTIES INC. and GIRE
CONSTRUCTION INC.,
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 (2006).
FACTS
1.
That Gire Properties Inc. is the present owner and Gire Construction, Inc. is the
current operator ("Respondents") of a facility located in the Northwest
1
/4 Section of Section 11,
Camargo Township, Villa Grove, Douglas County, Illinois. The property is commonly known to the
Illinois Environmental Protection Agency as Villa Grove/Gire Construction, Inc.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 0410355017.
3.
That Respondents have owned/operated said facility at all times pertinent hereto.
4.
That on January 29, 2008, Michael Mullins of the Illinois Environmental Protection
Agency's Champaign 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.
VIOLATIONS
Based upon direct observations made by Michael Mullins during the course of his January
29, 2008 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 5121(p)(1)
(2006).
(2)
That Respondents caused or allowed the open dumping of waste in a manner
resulting in deposition of waste in standing or flowing waters, a violation of Section
21(p)(4) of the Act, 415 ILCS 5121(p)(4)(2006).
(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) (2006).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2006), 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 Four Thousand Five Hundred Dollars ($4,500.00). If
Respondents elect not to petition the Illinois Pollution Control Board, the statutory civil penalty
2
due and payable no later than April 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 (2006), 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) (2006), 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
Douglas . Scott,
A,J
Director
5c.
Date.
3 -19- os/
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 (2006). 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.
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
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
,leceivet)
CLERK'S
OFFICE
MAR 2 0 2008
Pollution
ST
ATE'
Control
OP
ILLI
NOIS
Board
REMITTANCE FORM
Complainant,
(IEPA No. 27-08-AC)
GIRE PROPERTIES INC. and GIRE
CONSTRUCTION INC.,
Respondents.
FACILITY:
?
Villa Grove/Gire Construction, Inc. SITE CODE NO.:
?
0410355017
COUNTY:?
Douglas
?
CIVIL PENALTY:
?
$4,500.00
DATE OF INSPECTION:?
January 29, 2008
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.
v.
5
Subscribed and Sworn to before me
this
,--;1(9
1"
day of
F---t
6
?
,
2008.
Notary Public
V
OFFICIAL SEAL
SHARON L BARGER
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:09/16/10
Mike Mullins
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
IEPA DOCKET NO.
GIRE PROPERTIES, INC
GIRE CONSTRUCTION, INC
EDWIN J. GIRE, JR.
Respondent,
Affiant, Mike Mullins, 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 January 29, 2008, between 10:15 A.M. and 10:45 AM, Affiant conducted an
inspection of the site in Douglas County, Illinois, known as the Gire Construction, Inc or Gire
Properties, Inc, Illinois Environmental Protection Agency Site No. 0410355017.
3.
Affiant inspected said Gire Construction, Inc. site by an on-site inspection, which included
walking 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 Affiant's
knowledge and belief, is an accurate representation of Affiant's observations and factual
conclusions with respect to the Gire Construction Inc., 101 N. Sycamore Street, Villa Grove
Illinois site.
Mae
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:?
Douglas
?
LPC#:?
0410355017?
Region: 4 - Champaign
Location/Site Name:
?
Villa Grove/Gire Construction Inc.
Date:?
01/29/2008 Time: From 10:15 a.m To 10:45 a.m Previous Inspection Date: 06/20/2007
Inspector(s):?
Mike Mullins
?
Weather: Overcast, 28 degrees, frozen
No. of Photos Taken: #
?
15?
Est. Amt. of Waste: 25
?
yds3 Samples Taken: Yes #
Interviewed:
?
Edwin J. Gire, Jr. Owner?
Complaint #: C08-103-CH
Latitude: N39.86247 Longitude: W88.15966 Collection Point Description: Main Gate - +/- 22'
(Example: Lat.: 41.26493
?
Long.: -89.38294)
?
Collection Method: GPS - Garmin
Responsible Party
Mailing Address(es)
and Phone Number(s):
Gire Construction Inc.
Edwin J. Gire, Jr. Owner
101 N. Sycamore Steet
Villa Grove, IL
61956
217/832-9427
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9 a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
H
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
ri
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
IZ
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
Z
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
X
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WA TE INT• THE TATE AT/T•?
ITE
?
N•T MEETIN
?
RE., IREMENT
?
•
F A T
8.
21(.)
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
Scavenging
I
?
I
3)
Open Burning
7
4
Deposition of Waste in Standing or Flowing Waters
5
Proliferation of Disease Vectors
I
?
I
6
Standing or Flowing Liquid Discharge from the Dump Site
No
IZ
Revised 10/5/2005
(Open Dump - 1)
LPC
#
0410355017
Inspection Date:
?
01/29/2008
(
7
)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10.
s
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
HAZARDOUS WASTE DETERMINATION
12.
SPECIAL WASTE DETERMINATION
13.
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:
(
q
)
PCB;
(
q
)
CIRCUIT COURT
CASE NUMBER:
?
ORDER ENTERED ON:
1?
1
15.
OTHER:
I?
i
I
?
1
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)
Illinois Environmental Protection Agency
Bureau of Land *Field Operations Section *Champaign
0410355017--Douglas County
Villa Grove/Gire Construction Inc.
Complaint #: C08-103-CH
Inspection Date: January 29, 2008
Inspector: Mike Mullins
FOS File
General Comments:
GIS Data: Latitude-N 39.86247
.9. ,
Longitude-W 088.159662
(Garmin) EPE
+1-
22'
On January 29, 2008, the IEPA Champaign Office received a citizen's complaint of open
dumping of shingles, building materials and litter into the West Ditch and at a vacant lot
behind the True Value Hardware Store in Villa Grove, Illinois. The site is located in the
North14iist '/4 Section of Section 11, Camargo Township, Douglas County, T.16-16N-R.9-10E..
Ownership was confirmed by deed received from the Douglas County Supervisor of
Assessments and Recorder.
The purpose of this inspection was to determine regulatory status and evaluate compliance
with the Environmental Protection Act (Act) and Title 35 Illinois Administrative Code,
Subtitle G: Land Pollution (Regulations).
January 29, 2008 Observations:
I arrived at the property about 10:15 a.m., the weather was overcast, 28 degrees, south breeze
at 5 mph, and frozen conditions. The site is in the village of Villa Grove and has commercial
properties to the south and west, the West Ditch and residential properties to the East. Based
on observation of stored materials and wastes, the business conducts remodeling and roofing
services for homes and businesses. Upon arrival at the property, I went to the area behind the
True Value Hardware Store.
Behind the hardware store I observed two open top cargo trailers loaded with construction/
demolition debris (photo 2). The material appears to be waste because the material is broken
and mixed lumber, carpet and paper. I also observed a semi-trailer (photo 1), clothes dryer on
the ground (photo 3), a truck in disrepair (photo 3), an inoperable van in disrepair (photo 4) on
the south side of the West Ditch. To the east of the lot was observed another open top cargo
trailer, recliner and other litter (photo 5). Observed was lumber over the West Ditch (photo 6).
I walked north from the area behind the hardware store I observed an area where vehicles are
apparently parked. In this parking area was observed a couple discarded vehicle batteries and
other litter to include plastic shopping bags, plastic anti-freeze jug (photo 7).
I walked onto the small bridge that is located on Adams Street and crosses the West Ditch.
Observed on the south side of the bridge and in the flowing stream were pieces of wallboard/
insulation board (photo 8). Observed on the north side of the bridge and upstream from the
bridge was more wallboard/insulation board in the flowing stream (photo 10). Additional
wooden pieces were observed north of the bridge and in the flowing water that appeared to be
wooden shingles (photo 11).
I then walked east on Adams Street where I observed an area on the south side of the street
where construction material and debris is stored. Observed were a blue recliner (photo 12) and
a tire and vehicle battery (photo 13).
I then went back to the bridge and proceeded to walk the east bank of the West Ditch where I
observed additional wood in the flowing stream (photo 14) and an area just below the
concrete wall of the business where I observed insulation board, shingles and lumber in the
flowing stream (photo 15) and impeding the flow of water.
I then went to the Office of Gire Construction where I met with Edwin Gire Jr., the stated
owner of the business. Mr. Gire initially denied that any debris was in the creek and denied
knowledge of prior complaints at this site. I invited Mr. Gire to walk the property during
which he observed what is shown in photos 1 thru 15.
Mr. Gire stated that he would have the creek cleaned up within 20 minutes if I could wait. I
pointed out that it would be required by the Agency to remove the debris from the creek. I
also stated that the debris in the trailers could not be stored for an extended period of time at
the observed location. Mr. Gire stated that he takes the debris to the waste transfer station in
Urbana every other day.
I left the site at approximately 10:45 a.m.
During the inspections of January 29, 2008, it was determined that this site had the apparent
violations 12(a), 12(d), 21(a), 21(d)(1), 21(d)(2), 21(e), 21(p)(1), 21(p)(4) and 21(p)(7) of
Illinois Environmental Protection Act and 812.101(a). of 35 Illinois Administrative Code;
Subtitle G: Land Pollution Regulations. These violations were noted because waste was being
brought to the site for storage/disposal and/or management for which there is no permit from
the Agency to allow such activity.
Apparent violations observed during this inspection:
Environmental Protection Act. 415 ILCS 5/1 et. Seq. (formerly Ill. Rev. Stat. Ch. 111 1/2,
1001 et. Seq.) {hereinafter call the "Act")
#1
Pursuant to Section 12(a) of the Act, no person shall cause or threaten or allow the
discharge of any contaminants into the environment so as to cause or threaten to cause
water pollution in Illinois.
2
A violation of Section 12(a) is alleged for the following reason:
evidence of waste,
including wallboard/insulation board, shingles and lumber were observed in a
ditch with flowing water during the inspection, which contaminants could cause
or threaten to cause water pollution.
#2
Pursuant to Section 12(d) of the Act, 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) is alleged for the following reason:
evidence of wastes
that were deposited along the banks of a ditch was observed during the
inspection, which contaminants create a water pollution hazard.
#3
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 for the following reason:
evidence of open
dumping of waste, including shingles, wallboard/insulation board, lumber and
other refuse were observed during the inspection.
#4
Pursuant to Section 21(d)(1) of the Act, no person shall conduct any waste-storage,
waste-treatment, or waste-disposal operation without a permit granted by the Agency.
A violation of Section 21(d)(1) is alleged for the following reason:
waste storage and
disposal operations were being conducted without a permit granted by the
Agency.
#5
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 regulations adopted by the
Illinois Pollution Control Board.
A violation of Section 21(d)(2) is alleged for the following reason:
waste storage and
waste disposal operations were being conducted in violation of regulations
adopted by the Illinois Pollution Control Board.
#6 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 the Act and
of Regulations and Standards thereunder.
A violation of Section 21(e) is alleged for the following reason:
Wastes were being
stored and disposed of at this site which does not meet the requirements of the
Act and regulations & standards thereunder.
#7
Pursuant to Section 21(p)(1) of the Act, no one shall cause or allow the open dumping
of any waste in a manner which results in litter.
3
A violation of Section 21(p)(1) is alleged for the following reason:
evidence of open
dumping resulting in litter was observed during the inspection.
#8 Pursuant to Section 21(p)(4) of the Act. No one shall cause or allow the open
dumping of any waste in a manner which results in deposition of waste in standing or
flowing water.
A violation of Section 21(p)(4) is alleged for the following reason:
Evidence of open
dumping of waste into standing and/or flowing water was observed at this site.
#9 Pursuant to Section 21(p)(7) of the Act. No one shall cause or allow the open
dumping of any waste in a manner which results in deposition of general construction
or demolition debris; or clean construction or demolition debris.
A violation of Section 21(p)(7) is alleged for the following reason:
Evidence of open
dumping of waste was observed at this site which resulted in deposition of
general construction or demolition debris.
35 Illinois Administrative Code. (Title 35: Environmental Protection, Subtitle G: Waste
Disposal, Chapter I: Pollution Control Board) [Regulations]
#10 Pursuant to 35 Ill. Adm Code 812.101(a), All persons, except those specifically
exempted by Section 21(d) of the Environmental Protection Act (Act) (Ill. 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 application 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 35 Ill. Adm. Code 812.101(a) is alleged for the following reason:
This
waste management site has not submitted an application to the Agency for a
permit to develop and operate a landfill.
4
Illinois Environmental Protection Agency
LPC
Villa
#
Grove/Gire
0410355017--Douglas
Construction
CountyInc.
Site Map
Insp. Date 1 / 29
/
2008
Site Photos
Photo 1-15 @ 10:12-
10:19 am
Map not to Scale
Arrows indicated direction
and location of Photos
C/D
Adams Street
Gire
Constr.
7.
Waste &
material
storage
True Value
Hardware
kom
•11,111111
•11
11
:11r .11-
1.866
11
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #0410355017 — Douglas County
Villa Grove/Gire Construction Inc
FOS File
DATE: January 29, 2008
TIME: 10:12 AM
DIRECTION: Northeast
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-001.jpg
COMMENTS:
DATE: January 29, 2008
TIME: 10:13 AM
DIRECTION: North
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-002.jpg
COMMENTS: Construction
waste transport/storage trailers
DATE: January 29, 2008
TIME: 10:13 AM
DIRECTION: North
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-003.jpg
COMMENTS: clothes dryer &
truck
DATE: January 29, 2008
TIME: 10:13 AM
DIRECTION: Northeast
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-004.jpg
COMMENTS: abandoned
vehicle
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #0410355017 — Douglas County
Villa Grove/Gire Construction Inc
FOS File
LPC #0410355017 — Douglas County
Villa Grove/Gire Construction Inc
FOS File
DATE: January 29, 2008
TIME: 10:14 AM
DIRECTION: East
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-005.jpg
COMMENTS:
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
DATE: January 29, 2008
TIME: 10:15 AM
DIRECTION: North
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-006.jpg
COMMENTS: Flowing water
DATE: January 29, 2008
TIME: 10:16 AM
DIRECTION: Southeast
PHOTO by: Mike Mullins
PHOTO FILE NAME:
041035501701292008-007.jpg
COMMENTS:
DATE: January 29, 2008
TIME: 10:16 AM
DIRECTION: Down
PHOTO by: Mike Mullins
PHOTO FILE NAME:
041035501701292008-008.jpg
COMMENTS: Flowing water
near the bridge
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #0410355017 — Douglas County
Villa Grove/Gire Construction Inc
FOS File
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
DATE: January 29, 2008
TIME: 10:17 AM
DIRECTION: Down
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-010.jpg
COMMENTS: Flowing water
near the bridge
LPC #0410355017 — Douglas County
Villa Grove/Gire Construction Inc
FOS File
DATE: January 29, 2008
TIME: 10:16 AM
DIRECTION: Down
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-009.jpg
COMMENTS:
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #0410355017 — Douglas County
Villa Grove/Gire Construction Inc
FOS File
DATE: January 29, 2008
TIME: 10:17 AM
DIRECTION: North
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-011.jpg
COMMENTS: ditch north of
bridge
DATE: January 29, 2008
TIME: 10:18 AM
DIRECTION: East
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-012.jpg
COMMENTS:
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
DATE: January 29,2008
TIME: 10:19 AM
DIRECTION: Northwest
PHOTO by: Mike Mullins
PHOTO FILE NAME:
041035501701292008-014.jpg
COMMENTS: Flowing water
LPC #0410355017 — Douglas County
Villa Grove/Gire Construction Inc
FOS File
DATE: January 29,2008
TIME: 10:18 AM
DIRECTION: East
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-013.jpg
COMMENTS:
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC #0410355017 — Douglas County
Villa Grove/Gire Construction Inc
FOS File
DATE: January 29,2008
TIME: 10:19 AM
DIRECTION: Northwest
PHOTO by: Mike Mullins
PHOTO FILE NAME:
0410355017-01292008-015.jpg
COMMENTS: "West Ditch"
DATE:
TIME:
DIRECTION:
PHOTO by: Mike Mullins
PHOTO FILE NAME:
NO PHOTO
COMMENTS:
GI RE PROPS
Antich 1 Add
Owner
?
Alternete 1 ame
Delete Owner
Copy
rarad>
•
?.
:
Name t.istr
Document
BOO
Document
?
' Warranty Deed
Foreign. Address?
Doc
?
114 or 05/20/2004
VILLA
GROVE
Trust
cOmnien=.
•
Delinquent ttotice
D
ate Entered 00100/0000
Mailing Flags
?
T Zki3:11%,
?
No
IRE PROPERTIES INC
1956-
CHICAGO TITLE INSURANCE COMPANY
201 N.
NEIL STREET,
CHAMPAIGN, IL 61820
PH. (217)356-0501
FAX (217)351-2982
239860
?
10
?
Icxe_ 006
Filed: 05/21/2004 9:30 AM
James Ingram, Recorder
Douglas County IL
1 of 2
MAP
PRC
C
\'`A
SS 1\
LET Of),5
WARRANTY DEED
THE GRANTORS JOHN GILLES and CONNIE GILLES, individually and as
husband and wife
?
of the
?City ?
of
Tuscola
?
,
in the Comity of ?
Douglas?
, and State of
Illinois
?
,
for and in consideration of Ten
Dollars
($10.
00)
and other good and
valuable consideration in hand paid, CONVEY
AND WARRANT_ to the GRANTEE
GIRE PROPERTIES, INC.
of the
City ?
of ?
Villa Grove?
, County of ?
Douglas ?
and
State
of
Illinois
?
, the following described real estate:
Lots 1, 2, 3, 4 and 5
in
Block 15 of B. F. Johnston's
Addition to Villa Grove, Douglas County, Illinois;
N#:
part of 04-03-11-106-005
Common Address:
12
9 ro
Spzuca ()-
I
1( 4
6,110Je
1?
t
(THIS FORM IS CONTINUED ON THE OTHER SIDE & SHOULD BE TYPEWRITTEN)
739
day
of ?
April
MAI ,
2004.
7
GILLES
Subject to:
(1)
Real Estate taxes for the year 2003 and subsequent
years;
(2)
Covenants, conditions, restrictions, and easements apparent or
of record.
(3)
All applicable zoning laws and ordinances;
Filed: 05/21/2004 9:30 AM
James Ingram, Recorder
Douglas County IL
2 of 2
situated in the County of
Douglas
and State of Illinois hereby
,
?and waiving all rights under and by virtue of the
Homestead Exemption Laws of Illinois.
Dated
t
?
ate' 41
(2..n
JOHN GILLES'
STA1E OF ILLINOIS
)
SS
COUNTY OF
DOUGLAS
I, the undersigned. a Notary Public for the State of Illinois, certify that
?
JOHN
GILLES
and CONNIE GILLES,
individually and as husband and wife
personally known to me to be the same person
s
whose name(s) =fare subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as
their
free
and voluntary act.
Dated:
Ap.trpar.1
/441
070
, 2004.
"OFFICIAL SEAL"
Chester R. Keller
Notary Public, State of Illinois
My Commission Exp. 07/12/2005
Deed Prepared By:
Return to:?
Send Tax Bill to:
CHESTER R. KELLER
ATTORNEY AT LAW
7 NORTH MAIN STREET
VILLA
GROVE, IL,
61956
(217) 832-3701
CHESTER R. KELLER
ATTORNEY AT LAW
7
NORTH MAIN STREET
VILLA GROVE,
IL, 61956
GIRE PROPERTIES, INC.
101 NORTH SYCAMORE
VILLA GROVE,
IL,
6196
EXEMPT
under provisions of Paragraph
?
, Section 4, Real Estate Transfer Tax Act
Date
Signature
buyer, seller or representative
GIRE PROPERTIES INa
237816
`Address Q U.S.
Addiise
„.,
F
Address
dress
0 01N SYCAMORE ST
CHICAGO TITLE INSURANCE COMPANY
201 N.
NEIL STREET,
CHAMPAIGN, IL 61820
PH. (217)356-0501
FAX
(217)351-2982
CatITYV,
t-1/14.-AD
237816
Filed: 12/02/2003
James Ingram, Recorder
Douglas County IL
1 of 2
WARRANTY DEED
V
-
1 VI)
f 1?
t
ld 1Z)
I
THE GRANTOR
S
STARLETT
A. CLODFELDER and KENNETH
W. CLODFELDER, her
husband
?
of the
City
?
of
Villa Grove
in the County of
Douglas
, and State of
Illinois
, fcrr mad inconsideration of Ten
Dollars ($10.00) and other good and valuable consideration in hand paid, CONVEY AND WARRANT_ to the GRANTIKE
GIRE PROPERTIES, INC., an Illinois Corporation
of the
City
?
of Villa Grove
?
county of
?
Douglas
?
and State of
Illinois
the following described real estate:
Lot Number 11 in Block Number 15 of B. F. Johnston's First
Addition to the Village,
now
City of Villa Grove, Douglas
County, Illinois
PIN
# 04-03-11-106-001
Common Address: 11 North Sycamore Street. Villa Grove, 7T., 61 956
(THIS FORM IS CONTINUED ON THE OTHER SIDE & SHOULD BE TYPEWRITTEN)
Subject to:
(I) Real Estate taxes for the year 2003 and subsequent years;
(2)
Covenants, conditions, restrictions, and easements apparent
or
of record.
(3)
All applicable zoning laws and ordinances;
237816
Filed: 12102/2003
James Ingram, Recorder
Douglas County IL
2 of 2
situated in the County ofDouglas and State of Illinois hereby releasing and waiving all rights under and by virtue of the
Homestead Exemption Laws of Illinois.
.Dated this
eR 0 ?
day of
November
?
2003.
X?
ee.axe>'7;
S TARLETT
KE ETH W. CLODFELDER
STATE OF ILLINOIS
COUNTY OF DOUGLAS
)
SS
I, the undersigned, a Notary Public for fine State of Illinois, cenify that
STARLETT
A. CLODFELDER
and
KENNETH W. CLODFELDER,
her husband
personally known to me to be the same person S whose name(s)320Xare subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that they_ signed, sealed and delivered the said instrument as
their
free
and voluntary act.
Dated:
November
a
p ,
2003 .
"OFFICIAL SEAL"
Chester R. Keller
Notary Public, State of Illinois
My Commission Exp. 07/12/2005
Deed Prepared By:
CHESTER R. KELLER
ATTORNEY AT LAW
7 NORTH MAIN STREET
VILLA GROVE, IL, 61956
(217) 832-3701
Return
to:
CHESTER R. KELLER
ATTORNEY AT LAW
7 NORTH MAIN STREET
VILLA GROVE,
IL, 61956
md Tax Bill to:
GIRE PROPERTIES, INC.
101 NORTH SYCAMORE STREET
VILLA GROVE, IL, 61956
EXEMPT under provisions of Paragraph
, Section 4, Real Estate Transfer Tax Act
Signature
buyer. seller or representative
Date
SERVICES?
PROGRAMS?
PRESS?
PUBLICATIONS
?
DEPARTMENTS
?
CONTACT
CORPORATION FILE DETAIL REPORT
Entity Name
?
I GIRE CONSTRUCTION,?
File Number
?
I 63221716
INC.
1
Status
?
GOODSTANDING
Entity Type?
■ ,
CORPORATION?
.
Type of Corp
?
f
i 1?
DOMESTIC
,
BCA
1
Incorporation Date I 11/24/2003
?
State?
ILLINOIS
(Domestic)?
I :
Agent
Nine
?
I EDWIN J GIRE JR?
Agent Change Date?
._.1
:
?
11/24/2003
7 – ?
Agent Street?
1 101 SYCAMORE?
President
Name &?
1 EDWIN GIRE PO BOX 112
Address
?
?
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i
,,.._
?
I
?
Address
' VILLA GROVE 61956
!?
,
?
_.•
Agent City?
!
VILLA GROVE
! !
Secretary Name
&?
JANELL BUSHNELL 605
Address?
! SPRUCE ST VILLA
GROVE 61956
Agent Zip
?1 61956?
' ' Duration Date
.1 I.
1
Annual Report ?
! 11/02/2006?I
For
Year
1
Filing Date
=
Assumed Name !
ACTIVE - ILLINI ROOFING
Return to the Search Screen
?
I Purchase Certificate of
Good Standing
(One Certificate per Transaction)
BACK TO
CYBERDRIVEILLINOIS,COM HOME PAGE
PERPETUAL
2006
0413132DRIVEI
INOI
JESSE_WHITE
REtTim,o
F S-A7
SERVICES?
PROGRAMS?
PRESS
?
PUBLICATIONS
CORPORATION FILE DETAIL REPORT
DEPARTMENTS
CONTACT
Entity Name
SIRE PROPERTIES,
INC.
File Number?
63221708
Status
GOODSTANDING
r-
Entity Type
CORPORATION?
I
Type of Corp?
1 i DOMESTIC BOA
Incorporation Date
11/24/2003?
I
State?
I I ILLINOIS
(Domestic)
Agent Name
EDWIN
J
GIRE JR
,
Agent Change
Date
?
11/24/2003
Agent Street
101 SYCAMORE
President Name
&?
EDWIN J GIRE JR PO
Address
Address?
BOX 112 VILLA GROVE
61956
Agent City
VILLA GROVE
Secretary Name &?
JANELL BUSHELL 605
Address?
SPRUCE STREET VILLA
GROVE
61956
r
L
Agent Zip
rn.
61956
•
Duration Date?
I. I
PERPETUAL
Annual Report
12/28/2006
For Year
:2006
Filing
Date
Return to the
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Purchase Certificate of Good Standing
(One Certificate per Transaction)
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OIENSZORIVEIL
ESSE WHITE
.444
44
V
.
A-Y1
P-
•
Entity Name?
GIRE PROPERTIES,
File Number
INC.
63221708
Agent Name?
1 EDWIN J GIRE JR?
Agent Change Date
11/2412003
Entity Type?
CORPORATION
Incorporation?
111/24/2003
Date (Domestic)
Type of Corp
State
VILLA GROVE?
Secretary
Name
&?
JANELL BUSHELL 605
Address?: SPRUCE STREET
VILLA GROVE 61956
Agent CRY
Agent Zip?
H 61958
Duration Date
I , PERPETUAL
Annual Report
?
1209/2007
Filing Date
CORP/LLC - CERIIPICATE OF GOOD STANDING
?
http://www.ilsos.gov/corporatellc/CorporateLlcController
SERVICES
?
PROGRAMS
?
PRESS
?
PUBLICATIONS
?
DEPARTMENTS
?
CONTACT
CORPORATION FILE DETAIL REPORT
Agent Street
?
101
SYCAMORE
?
1 President Name &
?
EDWIN
J
GIRE JR PO
Address?
Address
?
BOX 112 VILLA GROVE
61956
Return to the Search Screen
Purchase
etrtificafe
of Good
Stand
(One Certificate per
Transaction)
BACK TO CYBERDRIVEILLINOISCOM HOME PAGE
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?
2/25/2008 2:50 PM
Entity Name
?
I
GIRE
CONSTRUCTION,
II
INC.
GOODSTANDING
CORPORATION
11/24/2003
File Number
Type of Corp
State
DOMESTIC BCA
ILLINOIS
Status
Entity Type
Incorporation
Date (Domestic
EDWIN J GIRE JR
1/24t2003
I1101 SYCAMORE
EDWIN GIRE PO BOX
112 VILLA GROVE
I
=
'
81956
JANELL BUSHNELL 606
SPRUCE STVILLA
I L
! GROVE 61956
Agent City
VILLA GROVE
?
Secretary Name
&
Address
Agent Name
Agent Street
Address
Agent Change Date
President Name
&
Address
1
Agent Zip?
81958
PERPETUAL
Annual Report
12/19/2007
Filing Date
Assumed Name
1 I ACTIVE -
ILLINI
ROOFING
Duration Date
For Year
CORP/LLC - CERIINCKIE OF GOOD STANDING
http://www.ilsos.gov/cotporatellc/CorporateLlcController
SERVICES
PROGRAMS
PRESS
PUBLICATIONS
DEPARTMENTS
CONTACT
CORPORATION FILE DETAIL REPORT
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Standing -!
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Transaction)
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1 of 1?
2/25/2008 1:52 PM
n
D ,
RECEIVSD
CLERK'S OFFICE
MAR
.
2
U 2008
STATE OF ILLINOIS
Pollution Control Board
I hereby certify that I did on the 18th day of March 2008, 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:
Gire Properties, Inc.
Gire Construction Inc.
Edwin J. Gire, Jr., Registered Agent
Edwin J. Gire, Jr.,Registered Agent
101 Sycamore Street
101 Sycamore Street
Villa Grove, IL 61956
Villa Grove, IL 61956
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
Michelle M. Ryan
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
PROOF OF SERVICE
THIS FILING SUBMITTED ON RECYCLED PAPER
Ei1ce
TM
4
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-
IFIEVIIMILi, RECEIPT
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,?
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Ofilk
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insurance Coverage Provided)
c0 <1
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,S1Z7=:laZ=EZZNZ=ZZ3Z=E=IIIIIIII
gd
2.65
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
•••■■•■im
(Endorsement Required)
111=•••••■■•■.IMIM
CD 0
11J 11.1
11.1
ru
0 0
Total Postage & Fees $
Postage
Certified Fee
Postmark
Here
Sent To
Gire Properties_, Edwin J. Gire
Street, Apt. No.;
or?
PO Box No.
_ ?
?
1015ycamsarea
cd
'011nro ve, IL 61956
MINNOMMMI10■111
_
SENDER:
COMPLETE THIS SECTION
■
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.
1. Article Addressed to:
COMPLETE THIS SECTION-ONDEDVERY
`.4."
A. Signature
X
?
q
Agent
q
Addressee
B.
Received by (
Printed Name)
?
C. Date of Delivery
D. Is delivery address different from item 1?
q
Yes
If YES, enter delivery address below:
?
q
No
Gire Properties,Inc.
Edwin J. Gire Jr., Registered
101 Sycamore St.
Villa Grove, IL 61956
I
gent
3. Service Type
q
Certified
Mail
?
q
Express
Mail
q
Registered
?
q
Return Receipt for Merchandise
q
Insured Mail
?
q
C.O.D.
4. Restricted Delivery?
(Extra Fee)?
q
Yes
2. Article Number
?
7007 0220
0000 0152
3168
(Transfer from service label)
PS Form
3811,
February 2004
Domestic Return Receipt
?
102595-02-M-1540
cpitri
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(DomOsa WtOply;
Plp Insurance
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0
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Postage
Certified Fee
Postmark
Here
Total Postage & Fees
l
S
ent
To
Gire Constructs
Street, Apt. No.;
or PO Box No.
101
Sycamore St.
11•1■111■1■MM
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(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
li
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Trove, IL 61956
IN=MIM■111■1
MEM11■11■1111
M•11■11■11111111■
SENDER:
COMPLETE THIS
SECTION
COMPLETE THIS SECTION ON DELIVERY
■
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.
s
Attach this card to the back of the mailpiece,
or on the front if space permits.
A. Signature
X
B. Received by (
Printed Name)
q
Agent
q
Addressee
C. Date of Delivery
1. Article Addressed to:
Gire Construction Inc.
Edwin J. Gire Jr., REgistered
101 Sycamore St.
Villa Grove, IL 61956
D. Is delivery address different from item 1?
q
Yes
If YES, enter delivery address below:?
q
No
ent
3. Service Type
0 Certified Mail
?
0
Express Mail
q
Registered
?
q
Return Receipt for Merchandise
0
Insured Mail
?
0
C.O.D.
4. Restricted Delivery?
(Extra Fee)
?
q
Yes
2. Article Number
(Transfer from service label)
7007 0220 0000 0152 3151
PS Form 3811,
February 2004
Domestic Return Receipt
102595-02-M-1540
