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. BLAG0JEvICH,
    GOVERNOR
    DOUGLAS
    P. SCOTT,
    DIRECTOR
    (217) 782-9817
    OCT
    02
    2008
    TDD: (217)
    782-9143
    SThT
    OFf
    September
    30, 2008
    I
    John Therriault,
    Clerk
    Illinois
    Pollution
    Control Board
    James
    R. Thompson Center
    100
    West Randolph Street,
    Suite
    11-500
    Chicago,
    Illinois 60601
    Re:
    Illinois
    Environmental
    Protection
    Agency v. Mid-America
    Machinery
    Company
    IEPA File
    No.
    292-08-AC:
    1 174100001—Macoupin
    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
    °
    Ds
    PLAINE5
    — 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
    COLuNSvILLE —2009
    MalI Street,
    Collinsville,
    IL 62234
    —(618)
    346-5120
    MARION —2309 W.
    Main St., Suite 116, Marion,
    IL
    62959
    —(618)
    993-7200
    PRINTED
    ON
    RECYCLED
    PAPER

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    ADM1NISTRATIVE
    CITATION
    CLç,
    Or’
    CE
    ILLINOIS
    ENVIRONMENTAL
    )
    022oo
    PROTECTION
    AGENCY,
    )
    — I
    Io!1c
    Complainant,
    )
    AC
    )
    v.
    )
    (IEPANo.
    292-08-AC)
    )
    MD-AMERICA
    MACHINERY
    CO.,
    )
    )
    Respondent.
    )
    NOTICE
    OF
    FILING
    To:
    Mid-America
    Machinery
    Company
    ATTN:
    Larry
    Jabusch
    2500
    Wrightsman
    Road
    Virden,
    IL
    62690
    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,
    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
    Dated:
    September
    30, 2008
    THIS
    FILING
    SUBMITTED
    ON
    RECYCLED
    PAPER

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAOVED
    8
    OPFICE
    ADMINISTRATIVE
    CITATION
    fJi2Oo
    ILLINOIS
    ENVIRONMENTAL
    )
    OF
    ILLINOIS
    PROTECTION
    AGENCY,
    )
    ontro!
    8
    oard
    Complainant,
    AC
    q
    V.
    )
    (IEPA
    No.
    292-08-AC)
    MID-AMERICA
    MACHINERY
    COMPANY,
    )
    )
    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
    Mid-America
    Machinery
    Company
    (“Respondent”)
    is the
    present
    owner
    and
    operator
    of
    a
    facility
    located
    at 33256
    Old
    Route 4,
    Virden,
    Macoupin
    County,
    Illinois.
    The
    property
    is
    commonly
    known
    to
    the
    Illinois
    Environmental
    Protection
    Agency
    as
    Virden/Mid-America
    Machinery
    Co.
    2.
    That
    said
    facility
    is
    an open
    dump
    operating
    without
    an Illinois
    Environmental
    Protection
    Agency
    Operating
    Permit
    and
    is designated
    \th
    Site Code
    No.
    1174100001.
    3.
    That
    Respondent
    has
    owned
    and
    operated
    said
    facility
    at all
    times pertinent
    hereto.
    4.
    That
    on August
    14,
    2008, Jan
    Mierofthe
    Illinois
    Environmental
    Protection
    Agency’s
    (“Illinois
    EPA”)
    Springfield
    Regional
    Office
    inspected
    the
    above-described
    facility.
    A
    copy
    of her

    inspection
    report
    setting
    forth
    the
    results
    of
    said
    inspection
    is
    attached
    hereto
    and
    made
    a
    part
    hereof.
    5.
    That
    on
    9
    (3o
    j
    O-
    , Illinois
    EPA
    sent
    this
    Administrative Citation
    via
    Certified
    MailNo.7oo7
    0o
    OOoo
    CIS
    Si3
    VI OLATI
    ON
    S
    Based
    upon
    direct
    observations
    made
    by Jan
    Mier
    during
    the course
    of
    herAugustl4,
    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
    51
    21(p)(l)
    (2006).
    (2)
    That
    Respondent
    caused
    or
    allowed
    the
    open
    dumping
    of
    waste
    in
    a
    manner
    resulting
    in
    Deposition
    of
    General
    Construction
    or Demolition
    Debris:
    or
    Clean
    Construction
    or Demolition
    Debris
    a
    violation
    of
    Section
    21(p)(
    7
    )
    of
    the
    Act,
    415
    ILCS
    5/21(p)(7)
    (2006).
    CIVIL
    PENALTY
    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
    Three
    Thousand
    Dollars
    ($3,000.00).
    If Respondent
    elects
    not
    to petition
    the
    Illinois
    Pollution
    Control
    Board,
    the
    statutory
    civil
    penalty
    specified
    above
    shall
    be
    2

    due
    and
    payable
    no
    later
    than
    October31,
    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
    5/3
    1/1
    (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.
    iLL
    Date:
    Dougla4’P.
    Scott,
    Director
    Illinois
    Environmental
    Protection
    Agency
    &_
    ,k:_
    Prepared
    by:
    Susan
    E.
    Konzelmann,
    Legal
    Assistant
    Division
    of
    Legal
    Counsel
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
    (217)
    782-5544
    4

    REMITTANCE
    FORM
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    AC
    V.
    )
    (IEPA
    No. 292-08-AC)
    MID-AMERICA
    MACHINERY
    COMPANY,
    )
    )
    CLERK’S
    OFFICE
    )
    Respondent.
    STATE
    OF
    ILLINOIS
    POJIt
    Control
    Board
    FACILITY:
    Virden/Mid-
    America
    Machinery
    Co.
    SITE
    CODE
    NO.:
    1174100001
    COUNTY:
    Macoupin
    CIVIL
    PENALTY:
    $3,000.00
    DATE
    OF
    INSPECTION:
    August
    14,
    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
    (FE IN)
    if
    a
    corporation,
    and
    sign this
    Remittance
    Form.
    Be
    sure
    your
    check
    is
    enclosed
    and
    mail,
    along
    with
    Remittance
    Form,
    to
    Illinois
    Environmental
    Protection
    Agency,
    Attn.:
    Fiscal
    Services, P.O.
    Box 19276,
    Springfield,
    Illinois
    62794-9276.
    5

    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    Open Dump
    Inspection
    Checklist
    County:
    MACOUPIN
    LPC#:
    1174100001
    Region:
    5-Springfield
    Location/Site
    Name:
    VIRDEN/MID
    AMERICA
    MACHINERY
    CO.
    Date:
    8/14/08
    Time:
    From 12:50
    pm To
    1:05 pm
    Previous
    Inspection Date:
    6/18/08
    Inspector(s):
    JAN MIER
    Weather:
    85°,
    SUNNY, WINDY
    No. of
    Photos
    Taken:
    # 6
    Est.
    Amt. of
    Waste:
    50
    yds
    3
    Samples
    Taken: Yes #
    No x
    Interviewed:
    LARRY
    JABUSCH,
    OWNER
    Complaint#:
    C-08-055
    SECTION
    DESCRIPTION
    VIOL
    1.
    9(a)
    CAUSE,
    THREATEN
    OR ALLOW
    AIR POLLUTION IN ILLINOIS
    LI
    2.
    9(c)
    CAUSE
    OR ALLOW
    OPEN BURNING
    El
    3.
    12(a)
    CAUSE, THREATEN
    OR
    ALLOW
    WATER
    POLLUTION IN ILLINOIS
    El
    4.
    12(d)
    CREATE
    A WATER POLLUTION
    HAZARD
    El
    5.
    21(a)
    CAUSE OR
    ALLOW
    OPEN
    DUMPING
    CON DUCT
    ANY WASTE-STORAGE,
    WASTE-TREATMENT,
    OR
    WASTE- DISPOSAL
    6.
    21(d)
    OPERATION:
    (1)
    Withouta Permit
    LI
    (2)
    In Violation
    of Any Regulations
    or Standards
    Adopted
    by
    the Board
    LI
    DISPOSE,
    TREAT, STORE, OR
    ABANDON
    ANY WASTE, OR TRANSPORT
    ANY
    WASTE
    INTO
    THE
    STATE ATITO
    SITES NOT MEETING
    REQUIREMENTS
    OF ACT
    El
    7.
    21(e)
    AND
    REGULATIONS
    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
    El
    (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
    El
    Responsible
    Party
    Mailing
    Address(es)
    and Phone
    Number(s):
    MID AMERICA
    MACHINERY
    CO.
    2500 WRIGHTSMAN
    ROAD
    VIRDEN, IL
    62690
    ATTN:
    LARRY
    JABUSCH
    217/965-3358
    cell 836-3357
    CLERK’S
    OFFICE
    OCT
    022008
    STATE
    .J
    OF
    IWNOIS
    ‘L
    M
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    ACT
    REQUIREMENTS
    Revised 06/18/2001
    (Open
    Dump - 1)

    LPC#
    1174100001
    Inspection
    Date:
    8/14/08
    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
    LI
    (2)
    Cause_or_AllowOpen_Burning_of
    Any_Used_or_Waste_Tire
    35 ILLINOIS
    ADMINISTRATIVE
    CODE
    REQUIREMENTS
    SUBTITLE
    G
    10.
    812.101
    (a)
    OPERATE
    FAILURE
    TO
    A
    LANDFILL
    SUBMIT
    AN APPLICATION
    FOR
    A PERMIT
    TO
    DEVELOP
    AND
    LI
    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)
    PERMIT
    AND/OR
    MANIFEST
    OTHER
    REQUIREMENTS
    14.
    APPARENT
    CASE_NUMBER:
    VIOLATION
    OF:
    (LI)
    PCB;
    ORDER_ENTERED_ON:
    (El)
    CIRCUIT
    COURT
    LI
    15.
    OTHER:
    LI
    LI
    LI
    LI
    LI
    LI
    Informational
    Notes
    1.
    [Illinois]
    Environmental
    Protection
    Act: 415
    ILCS 5/4.
    2.
    Illinois
    Pollution Control
    Board:
    35 III. Adm.
    Code,
    Subtitle G.
    3.
    Statutory
    and regulatory
    references
    herein
    are provided
    for convenience
    only
    and
    should
    not
    be
    construed
    as
    legal
    conclusions
    of the
    Agency
    or
    as
    limiting
    the Agency’s
    statutory
    or regulatory
    powers. Requirements
    of some
    statutes
    and regulations
    cited are
    in summary
    format. Full
    text of
    requirements
    can be found
    in
    references listed
    in 1. and
    2.
    above.
    4.
    The provisions
    of subsection
    (p)
    of
    Section
    21 of the
    [Illinois]
    Environmental
    Protection Act
    shall
    be
    enforceable
    either
    by
    administrative
    citation under
    Section
    31.1 of
    the Act or by
    complaint under
    Section
    31
    of the Act.
    5.
    This inspection
    was conducted
    in
    accordance
    with
    Sections
    4(c)
    and
    4(d)
    of the [Illinois]
    Environmental
    Protection
    Act:
    415
    ILCS
    5/4(c)
    and
    (d).
    6.
    Items marked
    with
    an “NE”
    were
    not
    evaluated at
    the time of this
    inspection.
    Revised
    06/18/2001
    (Open
    Dump
    - 2)

    STATE OF ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    INSPECTION
    NARRATIVE
    LPC#1174100001
    — Macoupin
    County
    DATE:
    6/18/08
    Virden/Mid
    America
    Machinery
    Co.
    INSPECTOR:
    Jan Mier
    FOS File
    C-08-055-C
    On August
    14, 2008,
    I conducted
    a follow-up
    inspection at the above-referenced
    site located
    at 33256
    Old Route
    4,
    just
    south of Virden,
    IL. The site is the location
    of Mid
    America
    Machinery
    Co..
    The
    business
    and property
    are owned
    by
    Mid
    America
    Machinery
    Co.
    and
    operated
    by
    Larry Jabusch.
    Because the
    land was bought
    in
    two
    parcels,
    two property deeds
    are
    attached, with the
    owner listed as
    Mid
    America Machinery
    Co. Recently,
    Mr. Jabusch closed
    his business.
    Mr. Jabusch
    and the
    contractor
    hired
    to
    clean
    up the
    property were sent Administrative
    Citation
    Warning Notices
    dated November
    14, 2007 for
    open dumping and
    open burning observed
    during
    an
    10/30/07
    inspection.
    The used tire
    violations
    were
    resolved with the removal
    of the
    used
    tires by
    Wade Wiseman,
    an Illinois EPA
    registered used tire
    hauler.
    Receipts
    from Flowers
    Sanitation and
    Mervis
    Industries
    were
    faxed
    to this office
    on January 10, 2008 for
    disposal and recycling
    some of the
    wastes
    that
    were on site.
    What remains is
    a pile of dirt, rock, concrete,
    and
    steel cable that
    is
    approximately
    120’ by 15’
    by 6’. A letter
    dated May
    6,
    2008,
    from the Illinois
    EPA gave
    Mr.
    Jabusch
    until
    June
    15, 2008
    to remove
    and properly
    dispose
    of
    the concrete or to reuse it
    so
    that it is not
    considered
    a waste. Mr.
    Jabusch was
    given until June
    22, 2008
    to
    submit receipts
    or documents.
    There was
    no written
    response
    from Mr. Jabusch.
    I did reach him by
    telephone and I asked if
    he had
    begun removal
    of the dirt
    and
    construction
    debris.
    He stated he had started.
    I arrived
    at
    12:50
    p.m. Welded
    Construction
    is still operating on site.
    I entered the office and
    met Jeff
    Tuggle,
    Welded
    Construction
    site manager.
    He said that Mr.
    Jabusch had been in Florida,
    and
    that
    he
    would be coming in
    later in
    the week
    before he left to
    go
    out
    of town again. I asked
    if he had worked
    on, or seen anyone working
    on the
    removal of the dirt and construction
    debris. He said
    he had not.
    I walked back
    to the
    waste
    pile
    and took photographs
    of the waste
    pile
    (see
    photograph #001, #002,
    #003 and
    #004.
    Photo #002
    also shows
    a partially crushed metal
    culvert in with a pile of
    broken
    concrete. Photo
    #005
    shows
    the
    steel cable
    running
    through
    the pile. Photo #006
    shows
    wire that is
    interwoven in the
    pile. The site was unchanged
    since my
    last inspection. I departed
    at 1:05
    p.m.
    Continuing
    violations observed
    at the time of
    the inspection are noted
    on the attached checklist.
    cc: DLPC/FOS — Springfield
    Region

    Photograph
    File
    Names:
    1174100001
    —081
    42008-[Exp.#].jpg
    Middle
    of
    the
    east
    side
    of
    pile
    Date:
    8/14/08
    Time:
    12:56
    p.m.
    Direction:
    SE
    Photo
    by:
    Jan
    Mier
    Exposure
    #:
    002
    Comments:
    Northwest
    edge
    ofpile
    Page
    1
    of
    3

    Southwest
    portion
    of
    pile
    Date:
    8/14/08
    Time:
    12:57
    p.m.
    Direction:
    NW
    Photo
    by:
    Jan
    Mier
    Exposure
    #:
    004
    Comments:
    Southeast
    end
    of
    pile
    Photograph
    File
    Names:
    1174100001
    —081
    42008-[Exp.
    #].jpg
    Page2of3

    Broken
    concrete
    with
    a
    steelcable
    interwoven
    in
    it
    Date:
    8/14/08
    Time:
    12:58
    p.m.
    Direction:
    W
    Photo
    by:
    Jan
    Mier
    Exposure
    #:
    006
    Comments:
    Broken
    concrete
    with
    wire
    interwoven
    in
    it
    Photograph
    File
    Names:
    1174100001
    —081
    42008-[Exp.#].jpg
    Page3of3

    Measurements
    Approximate
    Direction
    of
    Photo
    —+
    Not
    to
    Scale
    S
    NORTH

    Protection
    Agency
    )
    )
    vs.
    )
    IEPA
    DOCKET
    NO.
    )
    Mid
    America
    Machinery
    Co.,
    )
    Respondent
    )
    )
    )
    Affiant,
    Jan
    Mier,
    being
    first
    duly
    sworn,
    voluntarily
    deposes
    and
    states
    as
    follows:
    1.
    Affiant
    is
    a
    field
    inspector
    employed
    by
    the
    Division
    of
    Land
    Pollution
    Control/Field
    Operations
    Section
    of
    the
    Environmental
    Protection
    Agency
    and
    has
    been
    so
    employed
    at
    all
    times
    pertinent
    hereto.
    2.
    On
    August
    14,
    2008,
    between
    12:50
    p.m.
    and
    1:05
    p.m.,
    Affiant
    conducted
    an
    inspection
    of
    an
    opendump,
    located
    in
    Macoupin
    County,
    Illinois
    andknown
    as
    Virden/Mid
    America
    Machinery
    Co.
    by
    the
    Illinois
    Environmental
    Protection
    Agency.
    Said
    site
    has
    been
    assigned
    sitecode
    number
    LPC
    #
    1174100001
    by
    the
    Agency.
    3.
    Affiant
    inspected
    said
    site
    by
    an
    on-site
    inspection,
    which
    included
    walking
    and
    photographing
    the
    site.
    4.
    As
    a
    result
    of
    the
    activities
    referred
    to
    in
    Paragraph
    3
    above,
    Affiant
    completed
    the
    Inspection
    Report
    form
    attached
    hereto
    and
    made
    a
    part
    hereof,
    which,
    to
    the
    best
    of
    Affiants
    knowledge
    and
    belief,
    is
    an
    accurate
    representation
    of
    AffianCs
    observations
    and
    factual
    conclusions
    with
    respect
    to
    said
    open
    dump.
    U
    Jan
    Mier
    Subscribed
    and
    Sworn
    to
    Before
    Me
    this
    L4i
    day
    of.2t,
    2008
    OFFICIAL
    SEAL
    CHARLENE
    K.
    POWELL
    NOTARY
    PUBLIC
    -
    STATE
    OF
    ILUNOIS
    MY
    COMMISSION
    EXPIRES
    MARCH
    15,
    2012

    AFFIDAVIT,
    and
    OPEN
    DUMP
    INSPECTION
    CHECKLIST
    To:
    Mid-America
    Machinery
    Company
    ATTN:
    Larry
    Jabusch
    2500
    Wrightsman
    Road
    Virden,
    IL
    62690
    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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