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
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026
?
IVED
ROD
R.
BLAGOJEVICH, GOVERNOR
?
DOUGLAS
P.
SCOTT, DIRECTOR
?
CLERK'
E
S OFFICE
JUN
2
0 2008
STATE
OF ILLINOIS
Pollution Control Board
(217) 782-9817
TDD: (217) 782-9143
C
June 17, 2008
John Therriault, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Or/
Re: Illinois Environmental Protection Agency v. Nancy
Koltzenburg d/b/a K & N Excavating and
Rentals
EPA File No. 77-08-AC: 0670255034—Hancock 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
espectfully submitted,
is e e M. Ryan
Special Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
RECEIVED
CLERK'S OFFICE
JUN 2 0 2008
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
OR
II/
1\j
'
46
L
AC
°5#1
(IEPA No. 77-08-AC)
NANCY KOLTZENBURG d/b/a/ K & N )
EXCAVATING AND RENTALS,
)
Respondent.
NOTICE OF FILING
To: Nancy Koltzenburg d/b/a K & N Excavating and Rentals
312 Woodland Drive
Hamilton, IL 62341-1116
Nancy Koltzenburg d/b/a K & N Excavating and Rentals
2405 East Highway 136
Carthage, IL 62321
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: June 17, 2008
THIS FILING SUBM1YI'ED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IF
:::
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PROTECTION
ILLINOIS ENVIRONMENTAL
AGENCY,?
ADMINISTRATIVE
nfThilli
CITATION
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ILLINOIS
Complainant,?
AC 07
"V1
v.
NANCY KOLTZENBURG d/b/a K & N
?
)
EXCAVATING AND RENTALS,
?)
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 Nancy Koltzenburg d/b/a K & N Excavating and Rentals ("Respondent") is the
present owner and operator of a facility located at 2405 East Highway 136, Carthage, Hancock
County, Illinois. The property is commonly known to the Illinois Environmental Protection Agency as
K & N Excavating and Rentals.
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 0670255034.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on April 24, 2008, Robert J. Wagner of the Illinois Environmental Protection
Agency's Peoria Regional Office inspected the above-described facility. A copy of his inspection
report setting forth the results of said inspection is attached hereto and made a part hereof.
(IEPA No. 77-08-AC)
VIOLATIONS
Based upon direct observations made by Robert J. Wagner during the course of his April 24,
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 5/21(p)(1)
(2006).
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS
5/210)(3)(2006).
(3)
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 5/210)(7) (2006).
CIVIL PENALTY
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 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
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
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 I LCS 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.
Date: ?
I I
'
) lOtS
Doug?
P. Scott, Director
Illinois Environmental Protection Agency
Prepared by:
Susan E. Konzelmann, Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
neceivect
CLERK'S OFF/CE
pollution
S
TATE
JUN
Control
OF
2 0
ILLI
2008
NOIS
Board
AC
b
REMITTANCE FORM
.c
"
(IEPA No. 77-08-AC)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
NANCY KOLTZENBURG d/b/a K & N
EXCAVATING AND RENTALS,
Respondent.
FACILITY:
?
K & N Excavating and Rentals
?
SITE CODE NO.: 0670255034
COUNTY:?
Peoria
?
CIVIL PENALTY: $4,500.00
DATE OF INSPECTION:
?
April 24, 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
FICFERCKFOIFVFIE
CED
ENVIRONMENTAL PROTECTION AGENCIgkast.4
JUN 2 0
2008
tioLitga
isra
AFFIDAVIT
IN THE MATTER OF:
IEPA DOCKET NO.
RESPONDENT
Affiant, Robert J. Wagner, 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 April 24, 2008, between 10:10 a.m. and 10:25 a.m.,
Affiant conducted an inspection of the open dump in Hancock
County, Illinois, known as K & N Excavating and Rentals,
Illinois Environmental Protection Agency Site No. 0670255034.
3.
Affiant inspected said K & N Excavating and Rentals
open dumpsite by an on-site inspection, which included walking
the site and photographing the site.
4.
As a result of the activities referred to in
Paragraphs 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
Subscribed and Sworn to before
Affiant's observations and factual conclusions with respect
to K
& N Excavating and Rentals
open dump.
me this
?
day of?
c2 fr
"OFFICIAL SEAL"
Nola A. Graves
Notary Public. State of Illinois
My Commission Expires 2/21/2014
Notary Public
Public
K & N Excavating
Nancy A. Koltzenburg
P.O. Box 173
Hamilton, Illinois 62341
n
K & N Excavating
2405 East Highway 136
Carthage, IL
HiEceivED
ILLINOIS ENVIRONMENTAL PROTECTION AGENCV-Efixis
OFFICE
Open Dump Inspection Checklist?
JUN 2 0 2008
Location/Site
County:?
Hancock
Name:?
?
Carthage / K &
LPC#:
N Excavating
0670255034
and Rentals
?
RegionpoSAA
irrFne53!Vi 0173
°
Li
d
i
S
r a
Date:
?
04/24/2008 Time: From 10:10 AM To 10:25 AM Previous Inspection Date:
Inspector(s):?
Robert J. Wagner
Weather: 50 F, Rainy, Muddy
No. of Photos Taken: # 8
?
Est. Amt. of Waste: 27?
yds3 Samples Taken: Yes #
Interviewed:
?
No One On Site
No
Complaint #: C-2008-50-P
Latitude: 40.41405
?
Longitude: 91.04206
?
Collection Point Description: Dump Location -
(Example:?
Lat.: 41.26493
Collection Method: GPS -
?
Long.: -89.38294)
Responsible Party
Mailing Address(es)
and Phone Number(s):
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
fl
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
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
(6)
Standing or Flowing Liquid Discharge from the Dump Site
q
Revised 6/21/2007
?
(Open Dump - 1)
LPC
#
0670255034
Inspection Date:?
04/24/2008
( 7
)
Deposition of: (i) General Construction or Demolition Debris as defined in Section
3.160(a); or (ii) Clean Construction or Demolition Debris as defined in Section 3.160(b)
■
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
q
(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
I?
I
12.
808.121
SPECIAL WASTE DETERMINATION
q
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: (
?
) PCB; (?
) CIRCUIT COURT
CASE NUMBER:?
ORDER ENTERED ON:
q
15.
OTHER:
q
17
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 6/21/2007
?
(Open Dump - 2)
0670255034 -- Hancock County
K & N Excavating and Rentals
FOS
Prepared By: Robert J. Wagner
Inspection Date: April 24, 2008
Page 1
Narrative
On April 24, 2008, this author (Robert J. Wagner) inspected property owned by K & N
Excavating (see attached property deed). "K & N Excavating and Rentals" was the name on a
sign on the property (see photograph 8). The property address is 2405 East Highway 136,
Carthage, Illinois (see attached site map). The inspection was a result of a citizen complaint
(C-2008-50-P). The complainant alleged that open dumping and open burning were taking place
on the property.
This author arrived at the property at 10:10 AM. This author observed a waste pile smoldering
behind of a garage on the property (see site sketch). This smoldering waste pile was clearly
visible from US Route 136. After knocking on the garage door with no response, this author
proceeded to walk and photograph the smoldering waste pile. This author observed open
burning taking place at the time of the inspection. Photographs 1, 2, 3, 4, 5, 6, 7 and 8 show the
smoldering waste pile consisting of the charred remains of demolition, metal debris, paper, brick,
and insulation burning on the property. The size of the burn pile was approximately 25 feet long
by 10 feet wide by 3 feet high (27 yd
3
). This author departed the site at 10:25 AM.
On April 29, 2008, this author spoke to Chris Koltzenburg of K & N Excavating and Rentals by
telephone. According to Mr. Koltzenburg the debris burning at the site was a generated off site
from the demolition of a house in Carthage, Illinois. He would not say where the house was
located. He said that K & N Excavating and Rentals was unaware of any environmental
regulations regarding the demolition of buildings. He said K & N Excavating and Rentals is a
general construction contractor involved in heavy construction projects such as earth moving,
water main and sewer installation, storm sewer installation, concrete construction, trucking,
heavy equipment hauling, demolition, land clearing and heavy equipment rentals. He informed
this author that K & N Excavating is owned by his mother Nancy Koltzenburg. He said they
would discontinue the practice of open burning immediately. This author told him that all debris
needed to be taken directly to an IEPA permitted landfill for disposal. This author told him that
K & N Excavating and Rentals needed to submit the disposal receipts to the Agency.
The following alleged violations were observed and indicated on the open dump inspection
checklist:
1. Pursuant to Section 9(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(a)), no person shall cause or threaten or allow the discharge or emission of any
contaminant into the environment in any State so as to cause or tend to cause air pollution
in Illinois, either alone or in combination with contaminants from other sources, or so as
to violate regulations or standards adopted by the Board under this Act.
A violation of Section 9(a) is alleged for the following reason: K &
N Excavating and
Rentals caused the discharge or emission of contaminants into the environment so as
to cause or tend to cause air pollution in Illinois.
0670255034 -- Hancock County
K & N Excavating and Rentals
FOS
Prepared By: Robert J. Wagner
Inspection Date: April 24, 2008
Page 2
2.
Pursuant to Section 9(c) of the {Illinois} Environmental Protection Act (415 ILCS
5/9(c)), no person shall cause or allow the open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any refuse in any chamber
not specifically designed for the purpose and approved by the Agency pursuant to
regulations adopted by the Board under this Act.
A violation of Section 9(c) is alleged for the following reason: K
& N Excavating and
Rentals caused the open burning of refuse.
3.
Pursuant to Section 21(a) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(a)), no person shall cause or allow the open dumping of any waste.
A violation of Section 21(a) is alleged for the following reason: K
& N Excavating and
Rentals caused the open dumping of waste.
4.
Pursuant to Section 21(d)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(1)), no person shall conduct any waste-storage, waste-treatment, or waste-
disposal operation without a permit granted by the Agency or in violation of any
conditions imposed by such permit.
A violation of Section 21(d)(1) is alleged for the following reason: K
& N Excavating
and Rentals conducted a waste-storage, waste-treatment, and waste disposal
operation without a permit granted by the Illinois EPA.
5.
Pursuant to Section 21(d)(2) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(d)(2)), no person shall conduct any waste-storage, waste-treatment, or waste-
disposal operation in violation of any regulations or standards adopted by the Board
under this Act.
A violation of Section 21(d)(2) is alleged for the following reason: K
& N Excavating
and Rentals conducted a waste-storage, waste-treatment, and waste disposal
operation in violation of regulations or standards adopted by the Illinois Pollution
Control Board.
6.
Pursuant to Section 21(e) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(e)), no person shall dispose, treat, store or abandon any waste, or transport any
waste into this State for disposal, treatment, storage or abandonment, except at a site or
facility which meets the requirements of this Act and of regulations and standards
thereunder.
A violation of Section 21(e) is alleged for the following reason: K
& N Excavating and
Rentals disposed, treated, and stored waste at a site which does not meet the
requirements of the Act and Regulations.
0670255034 -- Hancock County
K & N Excavating and Rentals
FOS
Prepared By: Robert J. Wagner
Inspection Date: April 24, 2008
Page 3
7.
Pursuant to Section 21(p)(1) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(1)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in litter.
The prohibitions specified in this subsection (p) shall be enforceable by the Agency either
by administrative citation under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping.
A violation of Section 21(p)(1) is alleged for the following reason: K
& N Excavating
and Rentals caused the open dumping of waste in a manner which resulted in litter.
8.
Pursuant to Section 21(p)(3) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(3)), no person shall, in violation of subdivision (a) of this Section, cause or allow
the open dumping of any waste in a manner which results in open burning.
A violation of Section 21(p)(3) is alleged for the following reason: K
& N Excavating
and Rentals caused the open dumping of waste in a manner which resulted in open
burning.
9.
Pursuant to Section 21(p)(7) of the {Illinois} Environmental Protection Act (415 ILCS
5/21(p)(7)), no person shall cause or allow the open dumping of waste in a manner that
results in deposition of (i) general construction or demolition debris as defined in Section
3.160(a) of this Act; or (ii) clean construction or demolition debris as defined in Section
3.160(b) of this Act.
A violation of Section 21(p)(7) is alleged for the following reason: K
& N Excavating
and Rentals caused the open dumping of waste in a manner that resulted in
deposition of general construction or demolition debris as defined in Section
3.160(a) of this Act.
10.
Pursuant to 35 Ill. Adm. Code 812.101(a), all persons, except those specifically exempted
by Section 21(d) of the {Illinois} Environmental Protection Act, shall submit to the
Agency an application for a permit to develop and operate a landfill.
A violation of 35 Ill. Adm. Code 812.101(a) is alleged for the following reason: K
& N
Excavating and Rentals did not submit to the Agency an application for a permit to
develop and operate a landfill.
r_th4e
Eris
Tenn
K & N Excavating and Rentals
4
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•
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COUN TV
01
0670255034 -- Hancock County
K & N Excavating and Rentals
FOS
Prepared By: Robert J. Wagner
Inspection Date: April 24, 2008
Site Sketch
US Route 136
Garage
0670255034 - Hancock County
K & N Excavating and Rentals
FOS
Site Photographs
Page 1 of 4
DOCUMENT FILE NAME:
0670255034-04242008.doc
DATE: April 24, 2008
TIME: 10:13 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken toward
the south.
PHOTOGRAPH NUMBER:
1
PHOTOGRAPH FILE NAME:
067025503404242008-001 .jpg
COMMENTS: The photograph shows a
smoldering waste pile consisting of the
charred remains of processed wood, metal
debris, paper, brick, and insulation.
DATE:
April 24, 2008
TIME: 10:13 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken toward
the south.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE NAME:
0670255034-04242008-002.jpg
COMMENTS: The photograph shows a
smoldering waste pile consisting of the
chaired remains of processed wood, metal
debris, paper, brick, and insulation.
DATE: April 24, 2008
TIME: 10:13 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken toward
the south.
PHOTOGRAPH NUMBER:
4
PHOTOGRAPH FILE NAME:
067025503404242008-004.jpg
COMMENTS: The photograph shows a
smoldering waste pile consisting of the
charred remains of processed wood, metal
debris, paper, brick, and insulation.
0670255034 - Hancock County
K & N Excavating and Rentals
FOS
Site Photographs
Page 2 of 4
DATE: April 24, 2008
TIME: 10:13 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken toward
the south.
PHOTOGRAPH NUMBER:
3
PHOTOGRAPH FILE NAME:
067025503404242008-003.jpg
COMMENTS: The photograph shows a
smoldering waste pile consisting of the
charred remains of processed wood, metal
debris, paper, brick, and insulation.
DOCUMENT FILE NAME:
0670255034-04242008.doc
DATE: April 24, 2008
TIME: 10:13 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken toward
the south.
PHOTOGRAPH NUMBER:
5
PHOTOGRAPH FILE NAME:
0670255034-04242008-005.jpg
COMMENTS: The photograph shows a
smoldering waste pile consisting of the
charred remains of processed wood, metal
debris, paper, brick, and insulation.
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken toward
the south.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH FILE NAME:
0670255034-04242008-006.jpg
COMMENTS: The photograph shows a
smoldering waste pile consisting of the
charred remains of processed wood, metal
debris, paper, brick, and insulation.
0670255034 - Hancock County
K & N Excavating and Rentals
FOS
Site Photographs
Page 3 of
4
DATE: April 24, 2008
TIME: 10:14 AM
DOCUMENT FILE NAME:
0670255034-04242008.doc
0670255034 - Hancock County
K & N Excavating and Rentals
FOS
Site Photographs
Page 4 of 4
DOCUMENT FILE NAME:
0670255034-04242008.doc
DATE: April 24, 2008
TIME: 10:14 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken toward
the south.
PHOTOGRAPH NUMBER:
7
PHOTOGRAPH FILE NAME:
0670255034-04242008-007.jpg
COMMENTS: The photograph shows a
smoldering waste pile consisting of the
charred remains of processed wood, metal
debris, paper, brick, and insulation.
DATE: April 24, 2008
TIME: 10:16 AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION:
Photograph taken toward
the west.
PHOTOGRAPH NUMBER:
8
PHOTOGRAPH FILE NAME:
0670255034-04242008-008.jpg
COMMENTS: The photograph shows
the business sign located at the front of
the property.
KEN EXCAVATING
& RENTALS
www.kandnexcavating.com
01.)L4.11.-C
TRUSTEE'S DEED
Hancock
County Recorder
of Deeds
KERRY AS BRIDGE
HANroc
K COUNTY RECORDER
CARTAGE, IL
RECORDED ON
07/14/2006 08:2i:59AX
REG FEE:
S5,00
RRSP FEE:
10.00
PAGES: 2
•
The Grantor, CLYDE
RICHARD REEVES as Trustee under the
provisions of a
Trust
Agreement data! the 9'
1
' day
of September, 1993, and known as the Clyde Richard Reeves and
Marilyn Irene Reeves Trust dated September 9, 1993, for and in consideration of Ten (V
0,00)
Dollars and other good and valuable consideration in hand paid,
does
sell
and convey unto
K & N EXCAVATING, the following described real estate,
to-wit:
Apart of
Lot 5
of the Subdivision of the Northwest Quarter of Section
24, Township
S
North, Range
6 West of the Fourth Principal Meridian (see Chancery
Record Book "IP at Page 546), Hancock
County,
Illinois,
and being more particularly described as follows: Commencing, as
a
point of
reference, at
Me Northwest corner
of the Northwest Quarter of said Section 24; thence South 00'49'
26"
West (assumed bearing for this description)
47,42
feet along the West line of said
Northwest
Quarter
to
a point on the Southerly right of way line of
U.S.
Route #136 as now
established; thence
South 87 24' 53' East 250,76 feet along said right of way line to the point of beginning of the
following described tract of land; thence South 00°
49' 26" West 310,86 feet; thence South 87' 32'
24"
East 422,50 feet; thence North 00° 49' 26" East 301,30 feet to a point on said Southerly right
of
way
line; thence
North 81° 42' 15"
Wat
8671 feet along said right of way line; thence North 87°
24' 53" West
336,51 feet to the point
of beginning, according to Survey recorded in
Book
21 of
Surveys at Page 39 on
August
30, 2001, at 9:27 am. as
Document No, 2001-3384 in the Hancock
County Recorder's Office, Hancock county, Illinois;
EXCEPT that part deeded to
the Slate of illinois for highway purposes as shown in Trustee's Deed
dated August
12, 2004 and reeorded November
29, 2004 as Document Number 2004-4380.
Reserving unto the
Grantor, his heirs and assigns, the right to use an existing driveway
eas=nert fOr
ingress and egress.
All situated
in
the County of Hancock, in the State of
-Illinois,
hereby releasing and waiving all rights
under and by virtue of the Homestead Exemption Laws
of this State. - This
is
not Homestead
Property,
ORIGINAL
RECEIVVED
CL
ERK'S
OFFICE
JUN 2 0
2008
PROOF OF SERVICE
?
P
_STATE
ollution
OF
Control
ILLINOIS
Board
I hereby certify that I did on the 17th day of June 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: Nancy Koltzenburg d/b/a K & N Excavating and Rentals
312 Woodland Drive
Hamilton, IL 62341-1116
Nancy Koltzenburg d/b/a K & N Excavating and Rentals
2405 East Highway 136
Carthage, IL 62321
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. Rya
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
