ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    1021
    NORTH
    GRAND
    AVENUE EAST, P.O. Box 19276,
    SPRINGFIELD,
    ILLINOIS
    62794-9276
    — (
    21
    7)
    782-3397
    ‘‘
    JAMES
    R.
    THOMPSON
    CENTER, 100 WEST RANDOLPH,
    SUITE 11-300,
    CHICAGO, IL
    60601
    — (312)
    814-6026
    ROD
    R. BLAGOJEVICH,
    GOVERNOR
    DOUGLAS P. SCOTT,
    DIRECTOR
    (217)
    782-9817
    TDD: (217) 782-9143
    RECEVED
    CLERK’S
    OFFICE
    I
    It\
    August
    22,
    2008
    AUb
    25
    2008
    STATE
    OF
    ILUNOIS
    Pollution
    Control
    Board
    John Then-iault,
    Clerk
    JamesIllinois
    100 West
    R.
    PollutionThompsonRandolph
    Control
    Street,
    CenterBoard
    Suite 11-500
    0
    9
    Chicago,
    Illinois
    60601
    Re:
    Illinois Environmental
    Protection
    Agency v.
    Ruby
    Acklin
    and Joseph Flick
    IEPA File No. 156-08-AC:
    1818545010—Union
    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.
    JrelJJ)\
    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
    0
    PEORIA —5415
    N.
    University
    St., Peoria, IL 61614— (309) 693-5463
    BUREAU
    OF LAND - PEORIA —
    7620 N. University St., Peoria, IL
    61614—1309)
    693-5462
    0
    CHAMPAIGN —2125
    South First
    Street. Champaign,
    IL 61820—
    (217) 278-5800
    SPRINGFIELD —4500
    S.
    Sixth Street Rd., Springfield, IL
    62706 —(217)
    786-6892
    0
    COLLINSVILLE —2009
    MaIl
    Street, Collinsville,
    IL 62234 —(618)
    346-5120
    MARION —2309W.
    Main
    St., Suite
    116, Marion,
    IL
    62959 —(618) 993-7200
    PRINTED ON
    RECYCLED
    PAPER

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    ADMINISTRATIVE
    CITATION
    AUG
    25
    PROTECTION
    ILLINOIS
    ENVIRONMENTAL
    AGENCY,
    ))
    Polluti
    STATE
    OF
    I
    0
    Complainant,
    )
    AC
    O
    I
    (
    )
    v.
    )
    (IPPANo.
    156-08-AC)
    )
    RUBY
    ACKIJN
    and
    JOSEPH
    FLICK,
    )
    Respondents.
    )
    NOTICE
    OF
    FILING
    To:
    Joseph
    Flick
    Ruby
    Acklin
    315
    Vine
    Street
    211
    Cobden
    School
    Road
    Cobden,
    IL 62920
    Cobden,
    IL 62920
    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,
    Assistant
    Counsel
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
    (217)
    782-5544
    Dated:
    August
    22,
    2008
    THIS
    FILING
    SUBMJTI’ED
    ON
    RECYCLED
    PAPER

    RECEVD
    CLERK’S
    OFFICE
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    AUG
    2
    52008
    ADMINISTRATIVE
    CITATION
    STATE
    OF
    ILLINOIS
    PoIluton
    Control
    Board
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Complainant,
    )
    AC
    I
    I
    V.
    )
    (IEPA
    No.
    156-08-AC)
    RUBY
    ACKLIN
    and
    JOSEPH
    FLICK,
    )
    )
    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
    Ruby
    Acklin
    is
    the
    current
    owner
    and
    Joseph
    Flick
    is
    purchasing
    the
    property,
    Contract
    for
    Deed
    (“Respondents”)
    of
    a
    facility
    located
    at
    4155
    Wing
    Hill
    Road,
    Cobden,
    Union
    County,
    Illinois.
    The
    property
    is
    commonly
    known
    to
    the
    Illinois
    Environmental
    Protection
    Agency
    as
    Cobden/Acklin-Flick.
    2.
    That
    said
    facility
    is
    an
    open
    dump
    operating
    without
    an
    Illinois
    Environmental
    Protection
    AgencyOperating
    Permit
    and
    is
    designated
    with
    Site
    Code
    No.
    1818545010.
    3.
    That
    Respondents
    have
    owned
    or
    are
    in
    the
    process
    of
    owning
    said
    facility
    at
    all
    times
    pertinent
    hereto.
    1

    4.
    That on
    July 17,
    2008,
    Phillip
    Fatka
    of the
    Illinois
    Environmental
    Protection
    Agency’s
    Marion
    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
    Phillip Fatka
    during
    the
    course
    of his
    July
    17,
    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
    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 Three
    Thousand
    Dollars
    ($3,000.00).
    If Respondents
    elect
    not
    to petition
    the
    Illinois
    Pollution
    Control
    Board, the
    statutory
    civil
    penalty
    specified
    above
    shall
    be
    due
    and payable
    no
    later than
    September
    30, 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
    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,
    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 statutoiy
    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

    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 Respondent.
    f
    Date:
    LZIO
    Douglasiy.
    Scott,
    Director
    )
    ‘t___._,
    Illinois
    EInvironmental
    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

    CLERK’S
    OFFICE
    REMITTANCE
    FORM
    252008
    STATE
    OF
    ILLINOIS
    ILLINOIS ENVIRONMENTAL
    )
    Pollution
    Control
    Board
    PROTECTION
    AGENCY,
    )
    Complainant,
    )
    AC
    Q
    1
    V.
    )
    (IEPA
    No. 156-08-AC)
    RUBY ACKLIN
    and JOSEPH
    FLICK,
    )
    )
    L
    Respondents.
    FACILITY:
    Cobden/Acklin-Flick
    SITE
    CODE
    NO.:
    1818545010
    COUNTY:
    Union
    CIVIL PENALTY:
    $3,000.00
    DATE OF INSPECTION:
    July
    17, 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

    CLEs
    BEFORE
    THE
    ILLiNOIS
    POLLUTION
    CONTROL
    BOARD
    AUr
    2
    5
    2008
    S7TEOF
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    llutio
    C0rJOIS
    Complainant,
    )
    (‘
    )
    JEPA
    DOCKET
    NO.
    v.
    )
    )
    Joseph
    Flick
    and
    Ruby
    Acklin
    )
    1818545010—
    Union
    County
    )
    CobdenlAcklin-Flick
    )
    )
    Respondent.
    )
    AFFIDAVIT
    Affiant,
    Phillip
    Fatka,
    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
    July
    17,
    2008,
    between
    10:45am
    and
    10:55am,
    Affiant
    conducted
    an
    inspection
    of
    a
    disposal
    site
    owned
    by
    Joseph
    Flick
    and
    Ruby
    Acklin,
    located
    in
    Union County,
    Illinois,
    and
    known
    as
    CobdenlAcklin-Flick
    by
    the
    Illinois
    Environmental
    Protection
    Agency.
    Said
    site
    has
    been
    assigned site
    code
    number
    1818545010
    by
    the
    Agency.
    3.
    Affiant
    inspected
    said
    open
    dump
    site
    by
    an
    on-site
    inspection
    which
    included
    walking
    and
    photographing
    the
    site.

    Subscribed
    and
    Sworn
    to
    before
    me
    this____
    ay
    of’/
    2
    4
    Notary
    i
    Public
    4.
    As
    a result
    of
    the
    material
    actions
    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
    open
    dump
    site.
    (Intial
    Block)
    OFFICIAL
    SEAL
    RONALD
    E.
    MORSE
    Notary
    PubHc,
    State
    of
    IIIoj
    My Comm
    issio
    Expires
    2/21/10

    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    Open
    Dump
    Inspection
    Checklist
    County:
    Union
    Location/Site
    Name:
    Date:
    07/17/2008
    Time: From
    9:45am
    Inspector(s):
    P. Fatka
    No. of
    Photos Taken:
    #
    14
    Est.
    Amt.
    of Waste:
    80
    Interviewed:
    Latitude:
    37.53103
    (Examp’e:
    Lat.:
    41 .26493
    Responsible
    Party
    Mailing
    Address(es)
    and Phone
    Number(s):
    LPC#:
    Cobden/Acklin-Flick
    1818545010
    Region:
    7 - Marion
    To 10:00am
    Previous Inspection Date:
    Weather:
    -85F, Sunny,
    Clear
    yds
    3 Samples
    Taken: Yes
    Complaint
    #: C-08-054
    Longitude:
    -89.18276
    Collection
    Point Description:
    Site Entrance -
    Long.:
    -89.38294)
    Collection Method:
    GPS
    02/07/2008
    No
    LI
    Joseph Flick
    Ruby
    Acklin
    315 Vine
    St
    211
    Cobden School
    I4ERK’S
    OFFICE
    Cobden,
    IL 62920
    Cobden,
    IL 62920
    AUG
    2
    5
    2008
    Trt
    “iij
    1
    ’pr
    itq.i
    SECTION
    DESCRIPTION
    VIOL
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    ACT REQUIREMENTS
    Ji
    1.
    9(a)
    CAUSE,
    THREATEN
    OR ALLOW
    AIR POLLUTION IN ILLINOIS
    LI
    2.
    9(c)
    CAUSE
    OR ALLOW
    OPEN BURNING
    LI
    3.
    12(a)
    CAUSE,
    THREATEN
    OR ALLOW WATER
    POLLUTION
    IN ILLINOIS
    LI
    4.
    12(d)
    CREATE
    A WATER
    POLLUTION
    HAZARD
    El
    5.
    21(a)
    CAUSE
    OR ALLOW OPEN
    DUMPING
    CONDUCT
    ANY WASTE-STORAGE,
    WASTE-TREATMENT,
    OR WASTE- DISPOSAL
    6.
    21(d)
    OPERATION:
    (1)
    Without
    a Permit
    (2)
    In Violation of Any
    Regulations or
    Standards Adopted
    by the Board
    .
    DISPOSE,
    TREAT,
    STORE,
    OR ABANDON
    ANY WASTE,
    OR TRANSPORT ANY
    7.
    21(e)
    WASTE
    INTO THE
    STATE ATITO SITES NOT
    MEETING
    REQUIREMENTS
    OF
    ACT
    CAUSE OR ALLOW
    THE OPEN DUMPING
    OF
    ANY
    WASTE
    IN A MANNER WHICH
    RESULTS
    8.
    2
    I(p)
    IN ANY
    OF THE
    FOLLOWING
    OCCURRENCES
    AT
    THE DUMP SITE:
    (1)
    Litter
    (2)
    Scavenging
    LI
    (3)
    Open Burning
    LI
    (4)
    Deposition
    of Waste in
    Standing
    or Flowing Waters
    LI
    (5)
    Proliferation
    of Disease Vectors
    LI
    (6)
    Standing or
    Flowing
    Liquid
    Discharge from the Dump
    Site
    LI
    Revised
    10/5/2005
    (Open
    Dump - 1)

    LPC#
    1818545010
    Inspection
    Date:
    Informational
    Notes
    07/17/2008
    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
    ãonstrued
    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.
    Deposition
    of
    General
    Construction
    or
    Demolition
    Debris;
    or
    Clean
    Construction
    or
    (7)
    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
    LI
    35
    ILLINOIS
    ADMINISTRATIVE
    CODE
    REQUIREMENTS
    SUBTITLE
    G
    FAILURE
    TO
    SUBMIT
    AN
    APPLICATION
    FOR
    A
    PERMIT
    TO
    DEVELOP
    AND
    10.
    812.1
    01
    (a)
    OPERATE
    A
    LANDFILL
    11.
    722.111
    HAZARDOUS
    WASTE
    DETERMINATION
    LI
    12.
    808.121
    SPECIAL
    WASTE
    DETERMINATION
    LI
    ACCEPTANCE
    OF
    SPECIAL
    WASTE
    FROM
    A
    WASTE
    TRANSPORTER
    WITHOUT
    A
    WASTE
    HAULING
    PERMIT,
    UNIFORM
    WASTE
    PROGRAM
    REGISTRATION
    AND
    LI
    13.
    809.302(a)
    PERMITANDIORMANIFEST
    -
    OTHER
    REQUIREMENTS
    [
    APPARENT
    VIOLATION
    OF:
    (LI)
    PCB;
    (LI)
    CIRCUIT
    COURT
    LI
    14.
    CASE
    NUMBER:
    ORDER
    ENTERED
    ON:
    15.
    OTHER:
    LI
    LI
    LI
    LI
    LI
    LI
    Revised
    10/5/2005
    (Open
    Dump
    -
    2)

    Illinois
    Environmental
    Protection Agency
    Narrative
    Inspection
    Report
    Site #:
    1818545010
    Date:
    7-17-08
    County:
    Union
    Inspector:
    P. Fatka
    Subject:
    Cobden/Acklin-Flick
    Complaint
    #: C-08-054
    General
    Remarks
    G.P.S.:
    N 37.53103
    W 89.18276
    Time:
    10:45am-10:55am
    Volume
    of waste found
    at site:
    —80yd
    3
    ,
    including
    -35 used tires
    Owner
    of Property:
    Ruby
    AcklinlJoseph
    Flick
    Weather:
    85°F, Sunny, Clear
    Soil Conditions: Normal
    This inspection
    was made
    as a follow-up
    to the February
    7, 2008 inspection
    by this office. The
    site is located
    at
    4155
    Wing Hill Road
    west of
    Cobden, Illinois. The
    site was easily
    accessed by the
    aforementioned
    road.
    This inspector
    knocked
    on the door
    but no one came
    to the door or made
    any attempt to
    inquire as to my presence
    on the property.
    Fourteen (14)
    pictures were
    taken of the waste,
    which consisted of
    a
    pile of
    bagged
    aluminum
    cans
    and other
    scrap
    metals
    measuring
    6yd
    by 6yd by 2yd,
    household
    wastes,
    three junk vehicles,
    —35 used tires scattered
    across the
    property,
    roughly 4yd
    3
    of
    general
    construction
    and
    demolition debris (GC/DD),
    and general refuse
    scattered across
    the property.
    One of
    the junk
    vehicles had
    a small trailer on its
    hood and windshield.
    Another
    was missing
    all its
    windows, the radiator,
    and the engine.
    The
    fmal junk
    vehicle was
    a
    microbus.
    The door had been left
    open and the
    microbus
    was full of waste.
    Additionally, it
    had sunk into the
    ground up to the frame
    and was missing
    at
    least
    one
    tire.
    The general
    refuse scattered
    around the two burn
    barrels appeared
    to have been moved
    and/or rearranged.
    While several
    used tires have
    been removed from
    the site, no copies
    of receipts or consensual
    removal agreements
    have been
    received
    by this
    office to verify
    proper disposal. The
    pile of
    bagged
    aluminum
    cans and scrap
    metal in the
    backyard
    has grown
    in size. Other than these
    changes, the
    site remains
    in the same
    condition it was
    in during my
    previous
    inspection.
    Records
    at
    the
    Union County
    Assessor’s
    Office
    showed that the property
    is owned
    by
    Ruby
    Acklin,
    who
    is selling the property
    contract-for-deed
    to Joseph
    Flick.
    The following conditions,
    which constitute
    violations,
    were observed:
    Illinois Environmental
    Protection
    Act Requirements:
    1. 21(a) Cause
    or allow
    open dumping
    2.
    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

    3. 2
    1(e) Dispose,
    treat,
    store,
    or abandon
    any
    waste
    or transport
    any waste
    into
    the
    State
    at/to
    sites
    not meeting
    requirements
    of
    Act
    4. 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
    (7)
    Deposition
    of
    general
    construction or
    demolition
    debris
    or
    clean
    construction
    or demolition
    debris
    5.
    55(a)
    No
    person
    shall
    (1) Cause
    or
    allow
    open
    dumping
    of
    any
    used
    or waste
    tire
    35
    Illinois
    Administrative
    Code Requirements
    Subtitle
    G
    6. 812.101(a)
    Failure
    to
    submit
    an
    application
    for
    a permit
    to
    develop
    and
    operate
    a
    landfill
    Findin2s:
    The
    abandoned
    non-functional
    vehicles,
    unprotected
    GC/DD
    deposited
    directly
    on the
    ground,
    3
    5
    used
    tires,
    bagged
    but
    unprotected
    aluminum
    cans
    and other
    scrap
    metals,
    and
    other
    general
    wastes
    found
    at
    this site
    constitute
    open dumping.
    The number
    of tires
    found
    at this
    site
    indicates
    that
    wastes
    have
    been
    consolidated
    from
    off-site.
    No
    records
    of waste
    disposal
    operations
    being
    permitted
    at
    this
    site
    were
    found.
    These
    wastes
    meet
    the definition
    of
    litter
    as
    well.
    No
    response
    to
    the
    notice
    sent to
    the property
    owner
    or buyer
    was
    received
    by
    this office,
    and no
    receipts
    or
    removal
    agreement
    for
    the tire
    disposal
    have
    been
    received.

    _
    ]
    kar
    Lbis
    I
    I
    j::
    1
    1,2
    Wing
    Hill
    Road

    Illinois
    Environmental
    Protection
    Agency
    Bureau
    of Land
    Division
    of Land
    Pollution
    Control
    DIGITAL
    PHOTOGRAPHS
    LPC
    # 1818545010
    Union
    County
    Cobden/Acklin-Flick
    FOS
    File
    Date:
    7-17-08
    Time:
    10:47am
    Direction:
    N
    Photo
    by: P.
    Fatka
    Exposure
    #: 001
    Comments:
    View
    of
    the
    western
    part
    of the
    site
    from
    the
    road.
    Date:
    7-17-08
    Time:
    10:47am
    Direction:
    NE
    Photo
    by: P.
    Fatka
    Exposure
    #:
    002
    Comments:
    View
    of
    the
    eastern
    part
    of
    the site
    from
    the road.
    r
    File
    Names:
    1818545010-07172008-LExp.
    #1
    .j pg
    Page
    1
    of7

    Illinois
    Environmental
    Protection
    Agency
    Bureau
    of
    Land
    Division
    of
    Land
    Pollution
    Control
    DIGITAL PHOTOGRAPHS
    File
    Names:
    1818545O10-O71
    72008-[Exp.
    #1
    .jpg
    LPC
    # 1818545010
    — Union
    County
    Cobden/Acklin-Flick
    FOS
    File
    Date:
    7-17-08
    Time:
    10:49am
    Direction:
    NE
    Photo
    by:
    P. Fatka
    Exposure #:
    003
    Comments:
    Full
    burn
    barrel,
    used tires,
    and
    a
    demolition
    derby
    car.
    Date:
    7-17-08
    Time:
    10:49am
    Direction:
    N
    Photo
    by:
    P. Fatka
    Exposure
    #:
    004
    Comments:
    A
    trampoline
    frame,
    tarps,
    and
    more
    used
    tires.
    .i.
    ...
    •4.
    .
    •1
    ‘_f
    .‘
    L
    I
    ..:
    ri-I
    .•%
    )
    -
    *
    c:
    _fr
    4
    •,
    .•t
    •••,‘•
    .-
    Page
    2
    of 7

    Illinois
    Environmental
    Protection
    Agency
    Bureau of
    Land
    Division
    of Land
    Pollution
    Control
    LPC
    #
    1818545010
    — Union
    County
    Cobden/Acklin-Flick
    FOS
    File
    Date: 7-17-08
    Time: 10:49am
    Direction:
    NW
    Photo
    by: P. Fatka
    Exposure
    #: 005
    Comments:
    Used
    tires
    and
    bagged
    aluminum
    cans.
    Date: 7-17-08
    Time:
    10:50am
    Direction:
    W
    Photo
    by:
    P.
    Fatka
    Exposure
    #: 006
    Comments:
    Bagged
    aluminum
    cans
    and
    general
    wastes.
    DIGITAL
    PHOTOGRAPHS
    Page
    3
    of7

    Illinois
    Environmental
    Protection
    Agency
    Bureau
    of
    Land
    Division
    of Land
    Pollution
    Control
    DIGITAL
    PHOTOGRAPHS
    File
    Names:
    1818545010—O7172008-
    FEXP.
    #j
    .j pg
    LPC
    #
    1818545010
    Union County
    Cobden/Acklin-Flick
    FOS
    File
    Date:
    7-17-08
    Time:
    10:50am
    Direction:
    W
    Photo
    by: P.
    Fatka
    Exposure
    #:
    007
    Comments:
    White goods,
    scrap metal,
    and
    general
    waste.
    Date:
    7-17-08
    Time:
    10:50am
    Direction:
    N
    Photo
    by: P.
    Fatka
    Exposure
    #:
    008
    Comments:
    A small
    burn
    site. Possibly
    recreational,
    there
    are
    some
    elements
    of waste
    in
    it.
    Page
    4 of
    7

    Illinois
    Environmental
    Protection
    Agency
    Bureau
    of
    Land
    Division
    of
    Land
    Pollution
    Control
    DIGITAL
    PHOTOGRAPHS
    File
    Names:
    1818545010-M7172008-[Exp.
    #1
    .jpg
    LPC
    #
    1818545010
    Union
    County
    Cobden/Acklin-Flick
    FOS
    File
    Date:
    7-17-08
    Time:
    10:51am
    Direction:
    W
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    009
    Comments:
    White
    goods
    and
    scrap
    metal.
    Date:
    7-17-08
    Time:
    10:51am
    Direction:
    W
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    010
    Comments:
    Used
    tires,
    general
    construction
    and/or
    demolition
    debris,
    and
    general
    wastes
    north
    of
    the
    junk
    bus.
    Page
    5
    of7

    Illinois Environmental Protection
    Agency
    Bureau of Land
    Division of Land Pollution
    Control
    LPC # 1818545010
    — Union
    County
    Cobden/Acklin-Flick
    FOS
    File
    File
    Names:
    1818545010--07172008-jExp.
    #j
    .j pg
    Date: 7-17-08
    Time: 10:51am
    Direction:
    N
    Photo by: P. Fatka
    Exposure#:
    011
    Comments:
    Lead-acid
    batteries and general
    wastes in the junk
    bus.
    Date: 7-17-08
    Time: 10:51am
    Direction: E
    Photo by: P. Fatka
    Exposure#:
    012
    Comments: Another
    view
    of the
    bagged aluminum
    cans, scrap metal,
    and
    general wastes north
    of
    the occupied
    mobile
    home.
    DIGITAL
    PHOTOGRAPHS
    Page
    6 of 7

    Illinois Environmental
    Protection Agency
    Bureau of Land
    Division
    of Land Pollution
    Control
    DIGITAL
    PHOTOGRAPHS
    File
    Names:
    1818545010-O7172008-IExp.
    #1
    .jpg
    LPC
    # 1818545010
    — Union
    County
    Cobden/Acklin-Flick
    FOS
    File
    Date: 7-17-08
    Time:
    10:52am
    Direction:
    W
    Photo
    by: P. Fatka
    Exposure #: 013
    Comments:
    Vegetation
    growing
    near black
    boxes.
    Date: 7-17-08
    Time:
    10:52am
    Direction:
    NW
    Photo
    by: P. Fatka
    Exposure #:
    014
    Comments:
    Used tires.
    There
    were many
    more
    during the
    previous
    inspection.
    No receipts
    or
    consensual removal
    agreements for
    used tire
    disposal have
    been
    received by this
    office.
    Page
    7 of 7

    RECEIVED
    CLERK’S
    OFFICE
    PROOF OF SERVICE
    AUG
    25
    2008
    STATE
    OF
    ILLINOIS
    I hereby certify that I did
    on the
    22nd
    day of August 2008,
    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
    315 VineFlick
    Street
    Ruby
    211
    Cobden
    Acklin
    School
    OR/GINA
    Road
    Cobden, IL 62920
    Cobden, IL 62920
    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
    Assistant Counsel
    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

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