Sincerely,
Michelle M. Ryan
Assistant Counsel
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217) 782-3397
HEC ED
ERK'S OFFICE
W
JAMES
R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE
11-300, CHICAGO,
IL 60601 - (312) 814- 266
ROD R. BLAGOJEVICH, GOVERNOR
?
DOUGLAS P. SCOTT, DIRECTOR
E
(217) 782-9817
TDD: (217) 782-9143
Fs
,Th
I (:),
JUN 1 9 2008
L
STATE
OF ILLINOIS
Pollution Control Board
June 17, 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 Agency v. Joseph Combs
IEPA File No. 75-08-AC: 0610405013—Greene 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.
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)
White Hall/Combs
0610405013—Greene County
Charlie King, Springfield Regional Office
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOSEPH COMBS,
Respondent.
Ac
(IEPA No. 75-08-AC)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
NOTICE OF FILING
FiteCETVED
CLERIC'S OFFICE
JUN 19 2008
Pollution
ST
ATE
Control
OF
ILLI
NOIS
Board
To: Joseph Combs
260 Isreal Street
White Hall, IL 62092
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,
Miche e 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: June 17, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
PROTECTION AGENCY,
Complainant,
v.
JOSEPH COMBS,
ILLINOIS ENVIRONMENTAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
'S OFFICE
JUN
1
9 2008
STATE
OF
ILLINOIS
Pollution Control Board
ADMINISTRATIVE CITATION
(IEPA No. 75-08-AC)
Respondent.
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 Joseph Combs ("Respondent") is the present operator of a facility located at 260
Isreal Street, White Hall, Greene County, Illinois. The property is commonly known to the Illinois
Environmental Protection Agency as White Hall/Combs.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 0610405013.
3.
That Respondent has operated said facility at all times pertinent hereto.
4.
That on April 22, 2008, Charlie King of the Illinois Environmental Protection Agency's
Springfield 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 Charlie King during the course of his April 22, 2008
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the "Act") as
follows:
(1)
That Respondent 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 Respondent 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
On July 12, 2007, the Board found Joseph Combs in violation of Sections 21(p)(1), (3) and
(7) of the Act in AC 07-60.
Because this Administrative Citation addresses a second or subsequent violation of Sections
21(p)(1) and (7) of the Act, pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2006),
Respondent is subject to a civil penalty of Three Thousand Dollars ($3,000.00) for each violation, for
a total of Six Thousand Dollars ($6,000.00). If Respondent elects not to petition the Illinois Pollution
Control Board, the statutory civil penalty specified above shall be due and payable no later than July
15, 2008, unless otherwise provided by order of the Illinois Pollution Control Board.
If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution
2
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,
Respondent 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 ($1,500.00) statutory civil penalty for each
violation.
Pursuant to Section 31.1(d)(1) of the Act, 415 ILCS 5/31.1(d)(1) (2006), if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
adopt a final order, which shall include this Administrative Citation and findings of violation as
alleged herein, and shall impose the statutory civil penalty specified above.
When payment is made, Respondent's check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276. Along with payment, Respondent shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment.
If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondent from the date payment is due up to and including the date that payment is
received. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondent in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
3
Date: 6 111 10$
Douglas?
Scott, Director
Illinois Environmental Protection Agency
?P.
6c
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent has 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 Respondent elects to contest
this Administrative Citation, then Respondent 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.
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
Receive°
CLERK'S
OFFICE
JUN 19 2008
Pollution
S
TATE
Control
OF
ILLI
NOIS
Board
AC
(IEPA No. 75-08-AC)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOSEPH COMBS,
Respondent.
FACILITY:
?
White Hall/Combs
?
SITE CODE NO.:
?
0610405013
COUNTY:?
Greene
?
CIVIL PENALTY:
?
$6,000.00
DATE OF INSPECTION:
?
April 22, 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.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF:
Illinois Environmental
Protection Agency
vs.
Joseph Combs,
Respondent.
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 Illinois Environmental Protection Agency and has been so
employed at all times pertinent hereto.
2.
On April 12, 2007 between 1:20 PM and 2:20 PM, Affiant conducted an inspection of
a disposal site operated without an Illinois Environmental Protection Agency permit,
located in Greene County, Illinois, and known as White Hall/Combs by the Illinois
Environmental Protection Agency. Said site has been assigned site code number LPC#
0610405013 by the Illinois Environmental Protection Agency.
3.
Affiant inspected said White Hall/Combs 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 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 White Hall/Combs open dump.
Charles W. King,
/
Jr.
Subscribed and Sworn To before me
This36 day of
YkLity_.
c:3 ddcf?
Notary Public
OFFICIAL SEAL
CHARLENE K. POWELL
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES MARCH 15, 2012
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:?
Greene?
LPC#:?
0610405013
?
Region: 5 - Springfield
Location/Site Name:
?
White Hall/Combs
Date:?
04/22/2008 Time: From 0955
Inspector(s):?
Charlie King
To 1020
?
Previous Inspection Date: 10/24/2007
Weather: Rain, Overcast, 60, Winds S @ 10 mph.
No. of Photos Taken: # 9
?
Est. Amt. of Waste: 247
?
yds3
Samples Taken: Yes #?
No
Interviewed:
?
Joseph Combs, Jr.
?
Complaint #: C-07-037-C
Joseph Combs
Mailing
Responsible
Address(es)Party
260 Isreal Street
and Phone
White Hall, IL
62092
Number(s):
217/942-3759 or 217/491-4761
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
q
4.
12(d)
CREATE A WATER POLLUTION HAZARD
q
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
(2)
In Violation of Any Regulations or Standards Adopted by the Board
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
AND REGULATIONS
■
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
(2)
Scavenging
q
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
q
(5)
Proliferation of Disease Vectors
q
(9)
Standing or Flowing Liquid Discharge from the Dump Site
q
Revised 06/18/2001
?
(Open Dump - 1)
LPC
#
0610405013
Inspection Date:
?
04/22/2008
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition Debris
a
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
?
a
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
?
q
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
q
12.
808.121
SPECIAL WASTE DETERMINATION
ri
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
q
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: (I ) PCB;
(
q
)
CIRCUIT COURT
CASE NUMBER:
AC 07-60
(IEPA
No. 128-07-AC)
?
ORDER
ENTERED ON:
07/12/2007
15.
OTHER:
q
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:?
May 21, 2008
TO:?
Land Division File
FROM:
?
Charlie King, DLPC/FOS – Springfield Region
SUBJECT:
LPC # 0610405013 – Greene County
White Hall/Combs
C-07-037-C
FOS File
NARRATIVE RE-INSPECTION REPORT DOCUMENT
The purpose of this memorandum is to serve as the Narrative Re-Inspection Report
Document of a re-inspection conducted at the subject site on April 22, 2008 from
approximately 9:55 a.m. until 10:20 a.m., by this author. The re-inspection was
conducted to follow-up re-inspections of the site conducted on October 24, 2007 and
April 12, 2007, and the original site inspection conducted on November 17, 2006. The
original inspection was conducted as a result of a complaint received at the DLPC/FOS –
Springfield Regional Office. The complainant alleged that for three or four months, the
respondent had brought landscape waste to his property and open dumped it along a fence
line near a ditch. The respondent operates a tree-trimming business. The complainant
alleged that there were about three semi-truck loads of chipped landscape waste on-site.
The complainant alleged that some of the wood chips were burned. The complainant
further stated that used tires and old trailers were dumped on the property. The original
site inspection was discussed in the Narrative Inspection Report Document Memorandum
to the Land Division File, from this author, dated December 14, 2006. The original site
inspection and the April 12, 2007 re-inspection revealed that open dumping evidence was
found on-site, including metals, wood, glass, general household refuse, vehicle batteries,
a partially demolished mobile home, another mobile home that apparently had been
partially burned, makeshift incinerators, gas cylinders, a fuel oil tanker on its side,
plastics, vehicle parts and other solid wastes. Some of the wastes were burned. A large
amount of wood chips was also found. Also found was a deer fawn in shed. It is
unknown if the respondent has a permit for the animal or not. Regardless, the Illinois
Department of Natural Resources, Conservation Police, was notified about the captive
live deer fawn. The first re-inspection was discussed in this author's Narrative Re-
Inspection Report Document Memorandum to the Land Division File, dated April 25,
2007. The second re-inspection was discussed in this author's Narrative Re-Inspection
Report Document Memorandum to the Land Division File, dated November 27, 2007.
During the second re-inspection, the wood chips were gone and the open burning had
ceased. No open burning violations were cited for that re-inspection. However, during
the April 22, 2008 re-inspection, a small amount of wood chips were again found at the
site and a small amount of open burning was found, but not near the wood chips.
The respondent was issued an Open Dump Administrative Citation Warning Notice
(ACWN), dated December 19, 2006. A follow-up letter to the April 12, 2007 site re-
inspection was dated May 1, 2007, where the respondent was once again warned to clean
up the site. An Administrative Citation was dated May 17, 2007. It carried a $4,500 civil
penalty. Any Petition for Review was due on June 27, 2007. No such petition was filed.
Pollution Control Board Order AC 07-50 (IEPA No. 128-07-AC), was dated July 12,
2007. The respondent was found in violation of Sections 21(p)(1), (3) and (7) of the Act
(415 ILCS 5/21(p)(1), (3), and (7) (2006)). The respondent was ordered to pay the civil
penalty no later than August 13, 2007. In an e-mail memorandum to Michelle Ryan,
IEPA/DLC, from this author, dated October 29, 2007, an AC update was requested. Ms.
Ryan responded that no payment had been received as of that date. A letter was sent to
Mr. Combs dated December 5, 2007 from the DLPC/FOS – Springfield Regional Office.
In that letter two options were presented to the respondent. The first was for the Illinois
EPA to immediately undertake the necessary steps to obtain an enforceable judgment
order and another monetary penalty sufficient to achieve compliance. He was warned
that second offenses of Section 21(p) of the Act may result in the penalty being doubled
for each violation of that section. He had two 21(p) violations during the first two re-
inspections. Therefore, another penalty could be imposed in the amount of $6,000. The
second option was for the Illinois EPA to provide Mr. Combs with another opportunity to
bring his site into compliance by taking measures outlined in the letter, including
immediately paying the existing $4,500 penalty imposed as a result of the AC, to
immediately stop open dumping, to remove all of the wastes, and to submit copies of
receipts that document proper disposal or recycling of the wastes to the Illinois EPA. He
was given until March 1, 2008 to once again come into compliance. Due to a surgery on
this inspector, the re-inspection was delayed until April 22, 2008. At that time, a small
amount of waste was found to have been cleaned up, but other wastes were added,
making the amount of waste at the site approximately the same as found during the
previous site inspection, i.e., approximately 247 cu. yds. Based on the most recent re-
inspection, the respondent, Joseph Combs, was found to still be in violation of the Board
Order, and still is as of the date of this memorandum.
The site is located at 260 Isreal Street (street spelling per DeLorme Street Atlas), White
Hall, Illinois. It is located southeast of the downtown area of White Hall, approximately
two blocks east of the railroad tracks that run north/south on the east side of the town. A
Warranty Deed was not obtained on the day of the inspection, but was later faxed to
David C. Jansen, Manager, DLPC/FOS – Springfield Region and to this inspector, from
Liz Stemm, Greene County Health Department, upon request. The Waranty Dee is
number SS 117994, recorded October 4, 1999 in Book 181 of Deeds, Page 213. Ms.
Stemm obtained the Deed from the Greene County Recorder's Office in Carrollton,
Illinois. A copy of that deed has been placed in the Division and DLPC/FOS –
Springfield Regional Office files. The name "Combs" and "260" are noted on the mail
box and the name J. Combs with telephone numbers: 217/491-4761 and 217/942-3759
2
were on a truck marked "Combs Tree Service" on the south side of the driveway during
the first inspection.
Upon arrival at the site on the day of the most recent re-inspection, conducted on April
22, 2008, the weather was raining and overcast, with an air temperature of approximately
60° F. Winds were southerly at approximately 10 mph. Surface soil conditions were
saturated and muddy.
Upon arrival at the property on the day of the most recent re-inspection, I observed a
young man in the driveway. I identified myself and purpose of my visit to the young
man. Upon inquiry, he identified himself as Joseph Combs, Jr., aka Larry Combs, the
son of the respondent. I gave him a business card and asked him to give it to his father,
when he saw him next. He concurred. I asked permission to inspect the property and he
said that would be alright.
A description of the layout of the site is provided in this author's December 14, 2007
Memorandum to the Land Division File.
During the previous site inspection, the area of woodchips, the focus of the original
complainant, located at the northeast part of the property, had been removed. However,
some chips were again observed at a large open dump pile in the northeast area of the
site. Other 1 areas of open dumping were still observed, as shown in the attached Digital
Photographs.
During the most recent re-inspection, nine (9) photographs were taken with a digital
camera. They show the conditions of the site on the day of the most recent re-inspection.
From that re-inspection, previous site inspections, and the Digital Photographs, a partially
computer generated and partially hand drawn sketch of the site was developed by this
author. The Site Sketch shows the approximate layout of the property, as well as the
approximate locations and directions of the inspection photographs. The digital camera
assigns a three-digit number to each photograph, i.e., 001, 002, etc. This is how the
photos are identified on the Digital Photographs and in this narrative. However, to save
space on the Site Sketch, real numbers were used, i.e., 1, 2, etc. Copies of the Digital
Photographs and the Site Sketch accompany this narrative and a part of this report.
From the Digital Photographs:
Photo # 001 shows the area immediately west of the house has been adequately cleaned
up.
Photo # 002 shows that except for a few used tires, wastes have been removed from
clutter in front of the garage.
Photo # 003 shows the north side of the garage. A small pile of open dumped and open
burned wastes can be seen in the center distance, just before the trees.
3
Photo # 004 shows a much closer view of the same burned wastes shown in photo # 003.
This waste area measured approximately 15' x 10' x 2'.
Photo # 005 shows the area behind the garage. The wastes here would measure
approximately 15' x 10' x 2' if placed in a single pile.
Photo # 006 shows an old classroom reportedly to be removed by a neighboring lady
within three weeks.
Photo # 007 shows the size of this pile has been re-estimated and is now measured at
approximately 40' x 30' x 6' high. The wastes were mostly wood, but approximately 30
used tires were all present.
Photo # 008 shows this waste area appears to have also grown in size since the previous
site inspection and is now estimated at approximately 50' x 40' x 5'.
Photo # 009 shows the same pile of wastes shown in photo # 008. Wood chips appear to
have been added to this pile that also includes a boat, landscape wastes, plastic, a bike,
wire, dirt, metals and concrete chunks.
During the re-inspection, apparent violations of the Illinois Environmental Protection Act
(Act) and of the regulations, Title 35, Illinois Administrative Code, Subtitle G (35 IAC)
were still observed. Those apparent violations of the Act are, Sections: 9(a), 9(c), 21(a),
21(d)(1), 21(d)(2), 21(e), 21(p)(1), 21(0(3), 21(0(7) and 55(a)(1). Those open burning
violations 9(a), 9(c) and 21(p)(3)), were alleged during the original site inspection, but
not during the previous site re-inspection. However, a small area of open burning, just
northeast of the garage, was again observed. Therefore, those apparent violations
pertaining to open burning are once again alleged. An apparent violation of the
regulations, 35 IAC, is, Part: 812.101(a). The Open Dump Inspection Checklist that
accompanies this narrative, and is a part of this report, provides additional information.
OTHER COMMENTS
1.
The volume of waste at this site was noted as having been reduced during a previous
site re-inspection, however, no noticeable change in volume since the last re-inspection
was observed. Some wastes were removed, particularly in the western area of the site
and near the garage. However, more wastes were observed near the largest open dump
pile in the northeast area of the site. Therefore, the amount of waste is still estimated at
approximately 247 cu. yds. of wastes.
2.
No one else approached me during the inspection.
3.
Although I left a business card with Joseph Combs, Jr. to give to his father, Mr.
Combs has not called to discuss the open dumping problems at his property, or for any
other reason..
4
3.
Mr. Combs has yet again failed to pay the $4,500 penalty plus accrued interest. This
information was obtained via e-mail from Michelle Ryan, DLC, on May 7, 2008. Mr.
Combs failure to pay any of the penalty or interest is a violation of Pollution Control
Board Order, Case No. AC-07-60 (IEPA No. 128-07-AC).
4.
Mr. Combs has yet to provide receipts documenting cleanup to date, as required in the
ACWN dated December 19, 2006, p. 2. Item no. 7, and again in the Illinois EPA's letter
of December 5, 2007, p. 2., Item no. 7.
CK
cc: DLPC/FOS – Springfield Region
5
SITE SKETCH
Site name:
White Hall/Combs
County: Greene
LPC
#:
0610405013
Date:
April
22,
2007
Inspector:
Charlie King
Time:
9:55 a.m. — 10:20 a.m.
FOS File
A digital camera was used for the Inspection photos. Distances are approximate — Not drawn to scale
Neighbor's
residence
Deer
shed
50' x 40' x 5'
7
8
Neighbor's
garage
50'
X
40' x 6'
—D
Puppy
cage
Partially
burned
double
wide
Neighbor's
residences
Garage
R
Residence
double wide
6
5
N
LEGEND
2—> -
Denotes location and direction of photo.
Open dumping
D?
- Pitt Bull or similar dog tied up
R
-
Rottwieler or similar dog fenced in
2
3
4
Metal shed —
Morton type
building
15110
2'
2
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0610405013 — Greene County
White Hall/Combs
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0610405013-04222008-[Exp.
njpg
Date: April 22, 2008
Time: 9:59 a.m.
Direction: NW
Photo by: Charlie King
Exposure #: 001
Comments: The area
immediately west of
the house has been
adequately cleaned up.
Date: April 22, 2008
Time: 10:01 a.m.
Direction: E
Photo by: Charlie King
Exposure #: 002
Comments: Except for
a few used tires,
wastes have been
removed from clutter in
front of the garage.
Page 1 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0610405013 — Greene County
White Hall/Combs
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0610405013-042220084Exp. njpg
Date: April 22, 2008
Time: 10:02 a.m.
Direction: E
Photo by: Charlie King
Exposure #: 003
Comments: The north
side of the garage. A
small pile of open
dumped and open
burned wastes can be
seen in the center
distance, just before
the trees.
Date: April 22, 2008
Time: 10:03 a.m.
Direction: E
Photo by: Charlie King
Exposure #: 004
Comments: A much
closer view of the same
burned wastes shown
in photo # 003. This
waste area measured
approximately 15' x 10'
x 2'.
Page 2 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC #
0610405013 — Greene County
White Hall/Combs
FOS File
DIGITAL PHOTOGRAPHS
File Names:
0610405013-04222008-[Exp. njpg
Date: April 22, 2008
Time: 10:03 a.m.
Direction: S
Photo by: Charlie King
Exposure #: 005
Comments: The area
behind the garage. The
wastes here would
measure approximately
15' x 10' x 2' if placed
in a single pile.
Date: April 22, 2008
Time: 10:05 a.m.
Direction: NE
Photo by: Charlie King
Exposure #: 006
Comments: An old
classroom reportedly
to be removed by a
neighboring lady within
three weeks.
Page 3 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0610405013 — Greene County
White Hall/Combs
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0610405013-04222008-(Exp. #1.jpg
Date: April 22, 2008
Time: 10:05 a.m.
Direction: SE
Photo by: Charlie King
Exposure #: 007
Comments: the size of
this pile has been re-
estimated and is now
measured at
approximately 40' x 30'
x 6' high. The wastes
were mostly wood, but
approximately 30 used
tires were also present.
Date: April 22, 2008
Time: 10:09 a.m.
Direction: N
Photo by: Charlie King
Exposure #: 008
Comments: This waste
area appears to have
also grown in size
since the previous site
inspection and is now
estimated at
approximately 50' x 40'
x 5'.
Page 4 of 5
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
LPC # 0610405013 — Greene County
White Hall/Combs
FOS File
DIGITAL PHOTOGRAPHS
Date: April 22, 2008
Time: 10:11 a.m.
Direction: E
Photo by: Charlie King
Exposure #: 009
Comments: The same
pile of wastes shown in
photo # 008. Wood
chips appear to have
been added to this pile
that also includes a
boat, landscape
wastes, plastic, a bike,
wire, dirt, metals and
concrete chunks.
File Names: 0610405013-04222008-(Exp. #1.jpg
Page 5 of 5
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OF SERVICE?
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PROOF
JUN 1
9
2008
OFF/CE
I hereby certify that I did on the 17th day of June 2008, send j
€ nel
oroard
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: Joseph Combs
260 Isreal Street
White Hall, IL 62092
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, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
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
