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
RECEVEQ
(217) 782-9817
CLERK’S
OFFICE
TDD: (217)
782-9143
AUG 2
52008
STATE
OF
ILLINOIS
August 21,
2008
Pollution
Control
Board
John
IllinoisTherriault,
Pollution
ClerkControl
Board
0
James R. Thompson Center
100
West Randolph Street,
Suite 11-500
Chicago,
Illinois 60601
Re:
Illinois
Environmental
Protection Agency
v.
George
R. Ford
TEPA File
No.
154-08-AC:
0578060001—Fulton
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.
Michelle M. Ryan
Assistant
Counsel
Enclosures
ROCKFORD
—4302
North Main Street, Rockford,
IL 61103 —(815)
987-7760
Dts 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
BURLAU
OF LAND - PEORIA — 7620 N. University
St.,
Peoria, IL
61614—1309)
693-5462
o
CHAMPAIGN
—2125
South First Street, Champaign,
IL 61820—
(217)
278-5800
SPRINGFIELD
—4500 5.
Sixth Street
Rd., Springfield, IL 62706 —(217)
786-6892
COLLINSVILLE
—2009
MalI Street,
Collinsville,
IL 62234
—(618)
346-5120
MARION —2309
W.
Main St.,
Suite
116, Marion, IL
62959—1618)
993-7200
PRINTED ON
RECYCLED PAPER
ECEVED
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
LERK’S
OFFICE
ADMINISTRATiVE
CITATION
25
2008
STATE
OF
ILLINOIS
PIItt
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPANo.
154-08-AC)
GEORGE
R
FORD,
)
)
Respondent.
)
NOTICE
OF
FILING
To:
George
R. Ford
23735
N County
Hwy
2
Smithfield,
IL 61477-9529
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
21, 2008
THIS
FILING
SUBMITThD
ON RECYCLED
PAPER
ECVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
A*
2
52008
ADMINISTRATIVE
CITATION
STATE
OF
ILLINOiS
P0lIUti
Control
8
oard
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
U
V.
)
(IEPA No.
154-08-AC)
GEORGER.
FORD,
)
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
George
R. Ford
(“Respondent”)
is the
present
owner
and
operator
of
a facility
located
at The
Southeast
Quarter
of
Section
Number
Thirty-two
(32)
in
Township
Seven
(7) North
of
the
Base Line,
Range
Two
(2)
East
of
the Fourth
Principal
Meridan
, in the
Town
of
Deerfield,
Fulton
County,
Illinois.
The property
is
commonly
known
to the
Illinois
Environmental
Protection
Agency
as
Ford
Property.
2.
That
said facility
is an open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is
designated
Ath Site
Code
No. 0578060001.
3.
That Respondent
has
owned
and
operated
said
facility
at
all times
pertinent
hereto.
4.
That
on July
9,
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.
VIOLATIONS
Based
upon
direct
observations
made
by
Robert
J. Wagner
during
the
course
of
his
July
9,
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
esulting
in
open
burning,
a
violation
of Section
21(p)(3)
of the
Act, 415
ILCS
5/21
)(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
5/21
(p)(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
2
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 Respondent
elects
to
contest
this
Administrative
Citation
by
petitioning
the
Illinois
Pollution
Control
Board
in
accordance
with
Section
31.1
of the
Act,
415
ILCS
5/31.1(2006),
and
if
the
Illinois
Pollution
Control
Board
issues
a finding
of
violation
as
alleged
herein,
after
an adjudicatory
hearing,
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
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.
P
Date:
Io
Douglas
.
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
ECEVED
CLERK’S
OFFICE
AUG
252008
REMITTANCE
FORM
STATE
OF
lLLINOI
Pollution
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
ii’
V.
)
(IEPA No.
154-08-AC)
GEORGE
R.
FORD,
Respondent.
FACILITY:
Ford
Property
SITE
CODE
NO.:
05780600001
COUNTY:
Peoria
CIVIL
PENALlY:
$4,500.00
DATE
OF
INSPECTION:
July
9, 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
CL.ERK’S
OFFICE
AUG
2
52008
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCYSTATE
POUtn
OF
Controj
ILIJNOIS
Board
AFFIDAVIT
IN THE
MATTER OF:
)
CO
a4
I
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
July
9,
2008,
between
10:50
a.m. and 11:00
a.m.,
Affiant
conducted
an inspection
of
the
open
dump in Fulton
County,
Illinois,
known as
Ford Property,
Illinois
Environmental
Protection
Agency
Site No.
0578060001.
3.
Affiant
inspected
said Ford Property
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
Affiant’s
observations
and factual
conclusions
with respect
to
Ford
Property open dump.
Subscribed
and
Sworn
to
be:
me
this
day
of
2oc
OFFICIAL
SEAL
Carolyn
S.
Schlueter
Notary
Pubhc.
State
of
Illinois
My
Commission
Ixpires
81712011
1.
J
%otary
Public
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
Open
Dump
Inspection
Checklist
County:
Fulton
LPC#:
0578060001
Region:
3
- Peoria
Location/Site
Name:
Smithfield
/
Ford
Property
Date:
07/09/2008
Time:
From
10:50
AM
To
11:00
AM Previous
Inspection
Date:
04/23/2008
Inspector(s):
Robert
J.
Wagner
Weather:
85
F,
Sunny,
Dry
No. of
Photos
Taken:
#
10
Est.
Amt.
of Waste:
52
yds
3
Samples
Taken:
Yes
#
No
Interviewed:
No
one onsite
Complaint
#:
C-2007-087-P
Latitude:
40.54384
Longitude:
90.29231
Collection
Point Description: Dump
LocEC
E
v
E
D
(Example:
Lat.:
41.26493
Long.:
-89.38294)
Collection
Method:
GPS
-
“‘
OFFICE
Responsible
Party
Mailing
Address(es)
and
Phone
Number(s):
George
R. Ford
AUG
2
2008
23735
N
County
Hwy
2, RR1
STATE
OF
ILLINOIS
Smithfield,
II 61477-9529
Pollution
Control
Board
309-293-4642
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
LI
4.
12(d)
CREATE
A
WATER
POLLUTION
HAZARD
LI
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.
21(p)
IN
ANY OF
THE
FOLLOWING
OCCURRENCES
AT
THE DUMP
SITE:
(1)
Litter
(2)
Scavenging
LI
(3)
Open
Burning
(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
6/21/2007
(Open
Dump
-
1)
LPC#
0578060001
Inspection
Date:
07/09/2008
Informational
Notes
[Illinois]
Environmental
Protection
Act: 415
ILCS
5/4.
Illinois
Pollution
Control
Board:
35 III.
Adm.
Code,
Subtitle
G.
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.
Deposition
of: (i) General
Construction
or
Demolition
Debris
as
defined
in
Section
(7)
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
(2)
Cause
or
Allow
Open
Burning
of Any
Used or
Waste
Tire
35 ILLINOIS
ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
FAILURE
TO SUBMIT
AN
APPLICATION
FOR A
PERMIT
TO
DEVELOP
AND
10.
812.101(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
El
13.
809.302(a)
PERMIT
AND/OR
MANIFEST
—-
-
OTHER
REQUIREMENTS
14.
APPARENT
CASE_NUMBER:
VIOLATION
OF:
(LI)
PCB;
ORDER_ENTERED_ON:
(LI)
CIRCUIT
COURT
LI
15.
OTHER:
LI
LI
LI
LI
LI
LI
1.
2.
3.
Revised
6!2]i2007
(Open
Dump
-2)
0578060001
-- Fulton
County
Ford
Property
FOS
Prepared By:
Robert
J.
Wagner
Inspection
Date:
July 9, 2008
Page 1
Narrative
On July
9,
2008
[10:50
AM to
11:00 AM],
this author
(Robert
J.
Wagner)
conducted
an
open
dump
re-inspection
of
property
owned
by George
R. Ford.
The property
is located
approximately
11/4
miles
south
or Illinois
Route 9 on
Smithfield
Road
(see attached
site map).
History
This
site
was
originally
inspected
on April
19,
1989,
as an open
dump
because
of a citizen
complaint.
A Pre-Enforcement
letter
was sent
to George
R. Ford for
open
dumping
violations.
These
violations
were
subsequently
resolved
during
a June
9, 1989
inspection.
On
June 17, 1991,
George
R.
Ford received
an Administrative
Warning
Notice
for open
dumping
at the
property.
On
July 17,
1991, George
R.
Ford adequately
responded
to the
letter.
On
September
18, 2007,
an inspection
took
place
at the Ford
Property.
On
October
12, 2007,
the
property
owner,
George
R.
Ford was
sent an
Administrative
Citation
Warning
Notice
(ACWN)
for
the
following
violations:
Section
9(a),
9(c),
21(a),
21(d)(1),
21(d)(2),
21(e), 21(p)(1)
21(p)(3),
21(P)(7),
55(a)(1),
and 55(a)(2)
of
the Act
and Section
812.201(a)
of the
Regulations.
Mr. Ford
did
not
respond
to the ACWN.
Inspection
This
author
arrived
at
the
property
at 10:50
AM.
This
author knocked
on the door
to the
house
located
on
the property.
The house
was
abandoned.
Since
the area in
question
was in clear
site
from
the road
and there
was
no expectation
of
privacy
this author
proceeded
with
the inspection.
This author
observed
the charred
remains
of vinyl
siding,
processed
wood fragments,
tire
beads,
and
metal
debris
dumped in
a burn pile
with
a
fence
around
the area.
Photographs
1, 2, 3,
and 4
show the
charred remains
of vinyl
siding, processed
wood
fragments,
tire beads,
and
metal
debris.
The size
of
the
burn
pile
was
approximately
5 feet
long
by 5
feet
wide
by 1 foot
high (1
yd3).
Photographs
7, 8, 9,
and
10 show
a pile
of
waste
material
located
northeast
of the original
pile
sited
in the October
12,
2008 ACWN
(see
site
sketch).
The
waste
pile consisted
of
trees
branches
tree
trunks,
and
the charred
remains
of vinyl
siding. The
size of
the
new
pile
was
approximately
10
feet
long
by 10 feet
wide
by
14 foot
high (51
yd3).
This author
departed
the
steat
11:00AM.
George
R.
Ford is
the property
owner. This
author
spoke
to George
R.
Ford via
telephone.
According
to
George R.
Ford,
he was responsible
for
the
open burning
of the waste
materials.
Mr. Ford
is a
general
contractor
who
travels
the
area
doing
construction
work. He
on
occasion
brings
back waste
material
generated
from
these job sites
and disposes
of them
by
open burning.
The
second waste
pile according
to
Mr.
Ford was
generated from
cleaning debris
from
around
the
property.
0578060001
-- Fulton
County
Ford
Property
FOS
Prepared
By:
Robert J. Wagner
Inspection
Date: July
9, 2008
Page
2
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:
Evidence
of
open
burning
which
would
cause
or tend
to
cause air
pollution
in
Illinois was
observed
during
the inspection.
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:
Evidence
of
open
burning
was
observed
during
the inspection.
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:
Evidence
of open
dumping
of
waste
was observed
during
the inspection.
4.
Pursuant
to
Section
21(d)(l)
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:
Waste was
disposed
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: A
waste disposal
operation
was
conducted
in violation
of regulations
adopted
by
the Illinois
Pollution
Control
Board.
0578060001
-- Fulton
County
Ford Property
FOS
Prepared By:
Robert
J. Wagner
Inspection Date:
July 9, 2008
Page
3
6.
Pursuant
to Section 2 1(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:
Waste was disposed
at
this
site
which
does
not meet
the
requirements
of the Act
and regulations
thereunder.
7.
Pursuant
to Section
2l(p)(l)
of the {Illinois}
Environmental
Protection Act (415
ILCS
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
3].]
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: The
open
dumping
of waste
was caused
or allowed
in
a manner
which
resulted
in litter.
8.
Pursuant
to
Section 21(p)(3)
of
the {Illinois} Environmental
Protection Act (415
ILCS
5
)),
/
(p)(
3
21
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:
The open dumping
of
waste was
caused or allowed
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:
The open
dumping
of
waste
was
caused or
allowed
in
a manner
which resulted
in deposition
of general
or clean construction
or demolition
debris.
10.
Pursuant
to Section
55(a)(1) of
the {Illinois} Environmental
Protection Act (415
ILCS
5/55(a)(1)),
no
person
shall
cause
or
allow the
open dumping
of any used or waste
tire.
A
violation
of
Section
55(a)(1)
is
alleged
for the
following
reason: Evidence
of
open
dumping
of used
or
waste tires
was observed
during the inspection.
0578060001
-- Fulton County
Ford Property
FOS
Prepared
By:
Robert
J. Wagner
Inspection
Date:
July 9,
2008
Page
4
11.
Pursuant
to Section
55(a)(2) of
the
{Illinois}
Environmental
Protection
Act
(415 ILCS
5/55(a)(2)),
no person
shall cause
or
allow
the
open burning
of any
used
or waste tire.
A violation
of
Section
55(a)(2)
is
alleged for
the following
reason:
Evidence
of open
burning
of
used
or
waste
tires
was
observed
during
the
inspection.
12.
Pursuant
to 35
Ill.
Adm.
Code 8 12.101(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:
A waste
disposal
site was
operated
without
submitting
to
the Illinois
EPA
an application
for
a permit
to
develop
and operate
a
landfill.
0578060001
Fulton
County
Ford
Prci,crly
FOS
Prcpaed
By
Robert)
Wagner
hipcetion
Date:
July 9,
2008
Site
Sketch
Page
1
-
e
0578060001 - Fulton County
Site
Photographs
Ford Property
Page 1
of 6
FOS
DATE: July 9, 2008
TIME: 10:53AM
PHOTOGRAPHED BY:
Robert J. Wagner
DIRECTION: Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER: I
PHOTOGRAPH FILE NAME:
057806000 F-07092008-00 1
.jpg
COMMENTS:
The
Photograph
shows the charred remains of
vinyl
siding, processed wood fragments,
tire beads, and metal debris.
DATE: July
9,
2008
TIME: 10:53 AM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward the northwest.
PHOTOGRAPH NUMBER:
2
PHOTOGRAPH FILE NAME:
057806000
1’07092008-002.jpg
COMMENTS: The
Photograph
shows the charred
remains of vinyl
siding, processed wood
fragments,
tire beads, and metal
debris.
DOCUMENT
FILE NAME:
057806000 107092008.doc
0578060001
- Fulton
County
Ford
Property
FOS
DATE: July 9,
2008
TIME: 10:53AM
PHOTOGRAPHED BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward the
northwest.
PHOTOGRAPH NUMBER: 3
PHOTOGRAPH
FILE NAME:
0578060001
-07092008-003
.jpg
COMMENTS: The Photograph
shows
the charred remains of vinyl
siding,
processed wood fragments,
tire beads, and
metal debris.
DATE: July 9, 2008
TIME:
10:53AM
PHOTOGRAPHED
BY:
Robert J.
Wagner
DIRECTION:
Photograph taken
toward the
west.
PHOTOGRAPH
NUMBER: 4
PHOTOGRAPH
FILE NAME:
057806000
1—M7092008-004.jpg
COMMENTS:
The
Photograph
shows
the charred
remains of
vinyl
siding, processed
wood fragments,
tire beads, and
metal debris.
DOCUMENT FILE
NAME:
057806000
1-07092008.doc
Site Photographs
Page 2 of
6
DATE:
July
9, 2008
Site
Photographs
Page
3
of
6
TIME:
10:54AM
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph
taken
toward
the east.
PHOTOGRAPH
NUMBER:
5
PHOTOGRAPH FILE
NAME:
0578060001
07092008-005
.jpg
COMMENTS:
The
Photograph
shows
the charred
remains
of
vinyl
siding,
processed
wood
fragments,
tire beads,
and
metal
debris.
DATE:
July
9, 2008
TIME:
10:56AM
PHOTOGRAPHED
BY:
Robert J.
Wagner
DIRECTION:
Photograph
taken
toward
the
north.
PHOTOGRAPH NUMBER:
6
PHOTOGRAPH
FILE
NAME:
057806000
107092008-006.jpg
COMMENTS: The Photograph
shows
a
pile
of waste
material.
The
pile
consists
of tree
branches,
tree
trunks,
processed
wood,
and
vinyl
siding.
0578060001
- Fulton
County
Ford
Property
FOS
DOCUMENT FILE
NAME:
057806000
107092008.doc
DATE: July 9, 2008
TIME: 10:56AM
PHOTOGRAPHED BY:
Robert
J. Wagner
DIRECTION: Photograph taken
toward the north.
PHOTOGRAPH
NUMBER: 7
PHOTOGRAPH
FILE NAME:
057806000 1’—M7092008-007.jpg
COMMENTS:
The
Photograph
shows
a
pile
of waste material. The
pile consists
of tree branches, tree
trunks, processed wood, and vinyl
siding.
DATE: July
9,
2008
TIME: 10:56AM
PHOTOGRAPHED BY:
Robert
J.
Wagner
DIRECTION: Photograph taken
toward the
west.
PHOTOGRAPH NUMBER: 8
PHOTOGRAPH FILE NAME:
057806000
l07092008-008.jpg
COMMENTS:
The Photograph
shows a pile
of
waste
material. The
pile consists of
tree branches, tree
trunks, processed wood,
and vinyl
siding.
DOCUMENT FILE NAME:
057806000
1—07092008.doc
0578060001 - Fulton County
Site
Photographs
Ford Property
Page
4 of
6
FOS
0578060001
- Fulton
County
Ford Property
FOS
DATE:
July 9, 2008
TIME: 10:57 AM
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph
taken
toward
the
north.
PHOTOGRAPH
NUMBER:
9
PHOTOGRAPH FILE
NAME:
057806000
107092008-009.jpg
COMMENTS: The
Photograph
shows
a
pile
of
waste
material. The
pile consists
of tree branches, tree
trunks,
processed
wood,
and
vinyl
siding.
Site
Photographs
Page
5 of
6
DOCUMENT
FILE
NAME:
0578060001
--07092008.doc
0578060001
- Fulton
County
Ford
Property
FOS
DATE:
July 9,
2008
TIME:
10:57
AM
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph
taken
toward
the
north.
PHOTOGRAPH NUMBER:
10
PHOTOGRAPH
FILE
NAME:
057806000
l07092008-0
I
0.jpg
COMMENTS:
The
Photograph
shows
a
pile of
waste
material.
The
pile
consists
of tree
branches,
tree
trunks,
processed
wood,
and
vinyl
siding.
DOCUMENT
FILE
NAME:
057806000
l07092008.doc
Site
Photographs
Page
6 of 6
tat!
nacs
N:
warn:
çIJI’f
Q4
I
S
JISY PUC1
)isy
S.
Tord
divorced
fna &are R.
Ford
and rct
tince
mated,
of
the
Catty
of
Mnsai
arid
State
of
Illinois,
for and
in
cq,sideractr
of
in.
Dollar
and
octet
good
aid
valuable
consideration
in band
pat&
(XZWEitS
and
rprr
CZAD$
to Ceorge
it
Ford
of the
Ccxs’aty of flaltc’n
aid
StAts of
Illinois,
the
fetia4*
described
Real
Estatet
The Southeast
4zarter
(SEk
of Section
lister
Thirty-n.’o
(32)
in
Tcnship
Seven
(7) North of
the
Base
ttne
Rare
tin
(2)
fast
of
the Fourth
Principal
Heridian
situated
in
the
T<n
of DeerfLtld
1
)\sltai
Co’xity,
ILlinois
Subject
to all
visible
easerts
and
eascuaits
of record
and
all
zoning ordinancen
in
Yukon
Co*nity
Illinois.
Sitiated
in
the
City
of teerfield,
in the Coonty
of Plilton
aid
State
of
fllinoisherebyreleasIrgm4waiving
allrftn%eraidbyvlrtue
of
the
H
stead
(tja
of
this
State
tedthisJdayof
Z&J_S
AD
1984
Pan,gnph
This
4ee4
a
apras
Section
is
4
a
transaction
Of
The
Ada
Relate
except
under
transfer
the
tax
provisions
Act.
of
1’
r
fly
I
Nase
a,d
address
of
Gtatee
for
Tat
Billing
purposes
George
R.
Lord
P.R.
2
nithf1e1d,
XL
61477
‘flits
ifl)Wf
Wfl’AR!D
Th
041PPEL,
B&X2
&
TICS
Attanteys
at
Law
101
East.
touglas
Street
Petenhurg.
flhirnis
62675
Teleniet
2n/t32-1.
4
1”
/
-;s•
12374
SW*t(
ieñfUWT
Flft?CêU
I
-I
4
STAlE
CF
IJLDOIS
I
$3
I
the
tserslw*d.
a
Notaty
Ptblic
in,
at!
for
sid
Qnity
at
State
aforesaid
1
1)0
I4ER3ZY
antrt,
that
Nary
.3,
For4,
personally
1aoai
to
to
be
the
Ss
person
knae
nn
snbscribed
to
the
foregoing
instnrant
appeared
before
this
day
Is’
perstn
at!
ac*cncvledged
that
the
signed,
sealed
aid
delivered
the
aid
tnstnnait
as
her
free
at
winitary
act,
for
the
uses
and
rposes
therein
set
forth
1
inckidfrg
the
releas,
and
waiver
of
th.rl$’.t
of
&stesd.
Given
under
my
band
aid
official
seal,
this.4
day
of
Lb.
1984.
1:
RECEIvED
CLERK’S
OFFICE
PROOF
OF
SERVICE
AUG
252008
I hereby
certify
that
I did on
the 21st
day
of August
2008,
send
tëdLM.UIgeturn
pollution
Control
Board
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:
23735NCountyHwy2
George
R. Ford
ORj
C/NA
L
Smithfield,
IL
61477-9529
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
