ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021 NoRTH

GRAND

AVENUE

EAST, P.O. Box

19276, SPRINGFIELD, ILLINOIS

62794-9276 —(217)

782-2829

JAMES R. THOMPSON

CENTER, 100 WEST

RANDOLPH, SUITE

11-300,

CHIcAGo,

IL 60601

-

(3121026

Roo

R.

BLAG0JEvIcH,

GOVERNOR

DOUGLAS

P. Scon, DIRECTOR

oC

20

20U8

(2 17) 782-9817

lLLINoIs

TDD:

(217) 782-9143

rOIBoard

October 15,

2008

John Therriault,

Clerk

Illinois

Pollution

Control Board

James R. Thompson

Center

100

West Randolph

Street, Suite 11-500

Chicago,

Illinois

60601

Re:

Illinois Environmental

Protection

Agency v. Troy

Voss

and

Shirley

Voss

IEPA

File No.

296-08-AC:

0738180003—Henry

County

Dear Mr. Theniault:

Enclosed

for

filing with the

Illinois Pollution

Control Board,

please

find the

original and

nine

true and correct

copies of the Administrative

Citation Package, consisting

of the

Administrative

Citation, the inspector’s

Affidavit,

and the inspector’s

Illinois Environmental

Protection

Agency

Open

Dump Inspection Checklist,

issued

to the above-referenced

respondent(s).

On this date,

a copy of the Administrative

Citation

Package

was

sent to the Respondent(s)

via

Certified

Mail. As

soon as I receive the

return

receipt,

I

will

promptly

file a copy

with you,

so

that the Illinois Pollution

Control Board

may

calculate the

thirty-five

(35) day appeal

period

for

purposes

of entering a default

judgment in

the event the

Respondent(s) fails

or elects

not

to

file

a

petition for

review contesting the

Administrative

Citation.

If you have any questions

or

concerns,

please

do

not hesitate to contact

me at

the

number

above.

Thank you for your cooperation.

Enclosures

R0cKF0RD —4302

North Main Street, Rockford,

IL 61103

— (815) 987-7760

.

DES 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

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

B

frO&

Michelle

M. Ryan

Assistant

Counsel

---

BEFORE THE ILLINOIS

POLLUTION CONTROL

BOARD

ADM1NISTRATIVE

CITATION

OCT

20

2008

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Pollut,Ofl

co,”01s

ci

°BOard

Complainant,

)

AC

)

v.

)

(IEPA No. 296-08-AC)

)

TROY

VOSS and SHIRLEY

VOSS,

)

)

Respondents.

)

NOTICE

OF FILING

To:

Troy

Voss

Shirley

Voss

298 Fillmore

3751

North

5

OO

Avenue

P.O. Box

153

Alpha,

IL 61413

Altona,IL

61414

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:

October

15, 2008

THIS FILING

SUBMITTED ON RECYCLED

PAPER

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

CLRKs

ADMINISTRATIVE

CITATION

u

232038

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

°fltroj

BOr

Complainant,

)

AC

6

j

V.

)

(IEPA

No.

296-08-AC)

TROYVOSS

and

SHIRLEY

VOSS,

)

)

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

Shirley

Voss

is

the current

owner

and

Troy

Voss

is

the

operator

(“Respondents”)

of a facility

located

at

3751

North

500

th

Avenue,

Alpha,

Henry

County,

Illinois.

The

property

is

commonly

known

to

the Illinois

Environmental

Protection

Agency

as

Voss,

Shirley.

2.

That

said

facility

is

an open

dump

operating

without

an

Illinois

Environmental

Protection

Agency

Operating

Permit

and

is designated

with

Site

Code

No.

0738180003.

3.

That

Respondents

have owned

and

operated

said facility

at all

times

pertinent

hereto.

4.

That on

September15,

2008,

Eugene

Figge

of

the Illinois

Environmental

Protection

Agency’s

(“Illinois

EPA”)

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.

---

5.

Thaton

Jo-,

(-

09

,Illinois

EPAsentthisAdministrativeCitation

[viaCertified

‘7007

02-2-0

QO

3I2

‘117S’

Mail

No.

?‘2

j6zlfor

hand

delivery].

VIOLATIONS

Based

upon

direct

observations

made

by Eugene

Figge

during

the

course

of

his

September

15,

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

5/21

(p)(1)

(2006).

(2)

That Respondents

caused

or allowed

the

open

dumping

of

waste

in

a

manner

tesulting

in

open

burning,

a

violation

of

Section

2l(p)(3)

of the

Act,

415

ILCS

5/21

3)(2006).

(3)

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

Four Thousand

Five

Hundred

Dollars

($4,500.00).

If

Respondents elects

not

to petition

the

Illinois

Pollution

Control

Board,

the statutory

civil

penalty

2

---

specified

above shall

be

due

and payable

no later

than

November

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

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 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, 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

Respondents.

f

Date:

Ioivslo’3

Dougla

P.

Scott,

Diictor

‘

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

---

REMITTANCE

FORM

ILLINOIS

ENVIRONMENTAL

)

OCT2rj

2008

PROTECTION

AGENCY,

)

STATE

OFILjj

Complainant,

)

AC

çjPOIIUthn

Control

BOard

V.

)

(IEPA

No.

296-08-AC)

TROYVOSS and

SHIRLEY

VOSS,

)

)

Respondents.

)

FACILITY:

Voss,

Shirley

SITE

CODE

NO.:

0738180003

COUNTY:

Henry

CIVIL

PENALTY:

$4,500.00

DATE

OF

INSPECTION:

September

15,

2008

DATE

REMITTED:

SS/FEIN

NUMBER:

SIGNATURE:

NOTE

Please

enter

the

date

of

your

remittance,

your

Social

Security

number

(SS)

if an

individual

or

Federal Employer

Identification

Number

(FEIN)

if a

corporation,

and

sign

this

Remittance

Form.

Be

sure

your

check

is

enclosed

and mail,

along

with

Remittance Form,

to Illinois

Environmental

Protection

Agency,

Attn.:

Fiscal

Services,

P.O.

Box 19276,

Springfield,

Illinois

62794-9276.

5

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

AFFIDAVIT

IN THE

MATTER OF

)

POllutiofl

TATE

Op

co,0Is

IEPA DOCKET

NO.

RESPONDENT

Affiant,

R. Eugene

Figge,

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

September 15,

2008, between

10:00 a.m.

and 10:30 a.m.,

Aft iant conducted

an inspection

of the open dump

in Henry County,

Illinois,

known

as

Voss,

Shirley,

Illinois Environmental

Protection

Agency

Site No. 0738180003.

3.

Aft

iant inspected

said Voss,

Shirley open dump

site by an

on-site inspection,

which

included

walking and photographing

the site.

4.

As

a result

of the activities

referred

to

in

Paragraph

3

above, Affiant

completed

the Inspection

Report

form

attached hereto

and

made

a part hereof,

which,

to the best of Affiant’s

knowledge

and

belief, is

an

accurate

representation

of Affiant’s

observations

and

factual conclusions

with

respect

to said Voss,

Shirley open dump.

Subscribed

and Sworn

to before

me

this

ii

day

of

N’tary

j

Public

Carolyn

Pub,

k

s

Side

chlueier

of

ll1ino

Xpires8/7/

2011

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

Open

Dump Inspection

Checklist

County:

Henry

LPC#:

0738180003

Region:

3

- Peoria

Location/Site

Name:

Oxford

Twp./ Voss,

Shirley

Date:

09/15/2008

Time: From 10:00

am To

10:30

am

Previous

Inspection

Date:

Inspector(s):

R. Eugene

Figge

Weather:

Cloudy 70F

No.

of

Photos

Taken:

#

25

Est. Amt.

of

Waste:

120

yds

3

Samples

Taken: Yes

#

No

Interviewed:

Troy

Voss

Complaint #: C-2008-104-P

Latitude:

41 .22319

Longitude:

-90.36429

Collection

Point Description:

Center of Site -

(Example:

Lat.: 41.26493

Long.:

-89.38294)

Collection

Method:

GPS -

Responsible

Party

Mailing

Address(es)

and

Phone Number(s):

di.Jj

ilrol

Oard

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

4.

12(d)

CREATE A WATER

POLLUTION

HAZARD

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

WASTE

INTO THE

STATE ATITO SITES

NOT

MEETING

REQUIREMENTS

OF ACT

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

(3)

Open Burning

(4)

Deposition

of Waste

in Standing or Flowing

Waters

(5)

Proliferation

of Disease Vectors

(6)

Standing

or

Flowing

Liquid Discharge

from the Dump Site

Troy

Voss

298

Fillmore

PC Box

153

Altona, Illinois

61414

309-341-6855

Shirley

Voss

3751

North

500th4wJEV

Alpha,

Illinois 61

4ERK’S

OFpi

309-529-5357

ocr

o

2008

Revised

6/21/2007

(Open Dump

- 1)

---

LPC#

0738180003

Inspection

Date:

09/15/2008

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)

OPERATEALANDFILL

11.

722.111

HAZARDOUS

WASTE DETERMINATION

12.

808.121

SPECIAL

WASTE DETERMINATION

ACCEPTANCE

OF SPECIAL WASTE

FROM A

WASTE

TRANSPORTER

WITHOUT

A

WASTE HAULING

PERMIT,

UNIFORM

WASTE

PROGRAM

REGISTRATION

AND

E

13.

809.302(a)

PERMIT

ANDIOR MANIFEST

—

—

—

OTHER

REQUIREMENTS

APPARENT VIOLATION

OF:

(LI)

PCB;

(El)

CIRCUIT

COURT

14.

CASE NUMBER:

ORDER

ENTERED

ON:

15.

OTHER:

El

El

El

El

El

El

Informational

Notes

1.

[Illinois]

Environmental

Protection Act:

415

ILCS 5/4.

2.

Illinois

Pollution Control Board:

35

Ill. 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

Agencys

statutory

or regulatory

powers. Requirements

of

some

statutes

and

regulations

cited are in summary

format. Full text of

requirements can

be

found

in references

listed

in 1.

and

2.

above.

4.

The

provisions

of

subsection

(p)

of

Section

21 of the [Illinois] Environmental

Protection

Act

shall

be

enforceable

either

by

administrative

citation under Section

31.1 of the Act or

by complaint under

Section

31 of the

Act.

5.

This

inspection

was conducted

in accordance with Sections

4(c) and

4(d) of the [Illinois] Environmental

Protection

Act:

415 ILCS

5/4(c) and

(d).

6.

Items

marked

with

an

“NE’ were

not evaluated

at the time of this inspection.

Revised

6/21/2007

(Open

Dump

- 2)

---

0738180003--

Henry County

Voss,

Shirley

FOS

Inspection Date:

September 15,

2008

Prepared

By:

R. Eugene

Figge

Page 1

Narrative

On September

15,

2008, an inspection

was conducted

from

10:00

a.m.

until 10:30 a.m.

at

property

owned

by

Shirley

Voss.

The

inspection

was conducted

in response to Citizen

Complaint

C-2008- 1

04-P

alleging

open

dumping

and open burning.

According to the deed,

the

property

is owned

by

Shirley

Voss of the

same

address

as the property

3751 North

5

OO

Avenue,

Alpha,

Illinois

61413.

The

following

persons participated in

the inspection:

R.

Eugene

Figge

-- IEPA (author)

Troy

Voss --

Operator

(by

telephone)

According

to the complaint,

Troy

Voss was

in

the process

of demolishing a

house in Galesburg

and hauling

it out to his mother’s

property for

disposal. At

the disposal site, the

author

observed

an

area of fresh

excavation.

See photographs

1 and 2. On the

west

side

of this area general

refuse had

been

open burnt.

See photographs

3 through 5.

The author observed

approximately

300 used truck

tires adjacent

to

a barn

on the

east side

of the property.

See photographs

7

through 10.

East

of

the barn was

an accumulation

of demolition

waste. See photographs

11, 12, and

14. In

the

same area it

appeared that

demolition waste

had been open

burnt.

See photographs

15, 18,

19,

and

20. Charred

bead rings indicating

that

used tires

had

been open burnt were

observed

in

the

same

area. See

photographs

17 and 21.

The author

departed

and drove

to 349 North Academy

in Galesburg,

Illinois. At

this location

a

house that was

being demolished

was observed

as well

as a track hoe. The

demolition

waste

observed here

seemed to

have the

same

consistency

as some of the demolition

waste observed

in

Alpha Illinois.

See

photographs

22 through

25.

The author spoke

with Troy

Voss

by telephone.

Mr. Voss told

the author that his mother

was in

Arizona and

that

he

had not

dumped

any

waste from the Galesburg

site

on

his mother’s

property.

He

said

that he

had

landfill

receipts

from Millennium

Waste in Moline

to prove that

he

had not

dumped

waste

at

his mother’s

residence.

The

author

asked Mr. Voss about

the accumulation

of

used

tires

at his mother’s

residence.

His response

was that the used

tires belonged to him

and

that

his practice

is to wait for annual

tire collections

in the Village of Cambridge

to

dispose of

them. The author explained

that

Agency sponsored

tire collections

are subject to one

time

participation

and that

businesses

are not

eligible

for

participation.

The

following apparent

violations

were

observed

during the inspection:

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.

---

0738180003

-- Henry

County

Voss,

Shirley

FOS

Inspection

Date:

September

15,

2008

Prepared

By: R.

Eugene

Figge

Page 2

A

violation

of

Section 9(a)

of the

{Illinois}

Enviromnental

Protection

Act

(415

ILCS

5/9(a))

is alleged

for

the following

reason:

Evidence

of open

burning

was

observed

during

the

inspection

that

indicated

that Shirley

Voss

as

owner

and Troy

Voss

as

operator

had caused

or tended

to

cause

open

burning

which would

cause

or tend

to

cause

air pollution

in

Illinois.

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;

except that

the Board

may

adopt

regulations

permitting

open burning

of

refuse

in

certain

cases

upon a finding

that

no

harm

will result

from such

burning,

or that

any

alternative

method

of disposing

of

such

refuse

would

create

a safety

hazard

so

extreme

as to justify

the

pollution that

would

result

from

such

burning.

A violation

of

Section 9(c)

of the

{Illinois}

Environmental

Protection

Act

(415

ILCS

5/9(c))

is

alleged

for the following

reason:

Evidence

of

open

burning

was

observed

during

the

inspection

that indicated

Shirley

Voss as

owner and

Troy

Voss

as

operator

had caused

or allowed

open

burning.

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

2

1(a)

of the

{Illinois}

Environmental

Protection

Act

(415

ILCS

5/21(a))

is

alleged

for the following

reason:

Evidence

of

open

dumping

of

waste

was

observed

during

the inspection

that

indicated

Shirley

Voss as

owner and

Troy

Voss

as

operator

had

caused

or allowed

open

dumping.

4.

Pursuant

to

Section

21(d)(1)

of the

{Illinois}

Environmental

Protection

Act

(415

ILC5

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:

Shirley

Voss

as

owner and

Troy

Voss

as operator

disposed

of

waste

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..

---

0738180003

-- Henry

County

Voss,

Shirley

FOS

Inspection

Date:

September

15,

2008

Prepared

By:

R. Eugene

Figge

Page

3

A

violation of

Section 21(d)(2)

is alleged

for the following reason:

Shirley

Voss

as

owner and

Troy

Voss

as operator conducted

a waste

disposal

operation in violation

of regulations

adopted

by the Illinois

Pollution Control

Board.

6.

Pursuant to

Section 21(e)

of the {Illinois

}

Environmental

Protection Act (415

ILCS

5/21(e)),

no person

shall

dispose

, treat, store or abandon

any waste, or transport

any

waste

into this

State

for

disposal,

treatment,

storage or abandonment,

except

at a site

or

facility which

meets

the

requirements

of this Act and of

regulations and standards

thereunder.

A violation

of Section

21(e) of the

{Illinois} Environmental

Protection

Act (415

ILCS

5/21(e))

is alleged for

the following

reason: Shirley

Voss as owner

and Troy Voss

as

operator allowed

waste

to be 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

5

/

21

(p)(

1)),

no

person shall, in violation

of subdivision

(a) of this Section,

cause

or

allow

the

open dumping

of

any waste

in

a

manner

which results in litter.

The prohibitions

specfled

in this

subsection

(p)

shall be enforceable

by

the Agency

either

by administrative

citation

under

Section

31.1 of this Act

or as otherwise provided

by this

Act.

The specfIc 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

2l(p)(l)

of the {Illinois} Environmental

Protection

Act (415

ILCS

5/21(p)(1))

is

alleged for the following

reason:

Shirley Voss as owner

and Troy Voss

as

operator

caused or allowed

the open

dumping of waste

in

a

manner which

resulted

in litter.

8.

Pursuant

to Section

2l(p)(3) of the

{Illinois}

Environmental Protection

Act (415

ILCS

5/21

(p)(3)),

no person shall, in

violation

of

subdivision (a) of this

Section,

cause or

allow

the open

dumping

of any waste

in a manner

which

results in

open burning.

A

violation

of Section

21(p)(3)

of

the {Illinois} Environmental

Protection Act

(415 ILCS

5/21

(p)(3))

is alleged

for the following

reason: Shirley

Voss as owner and

Troy Voss

as

operator caused

or allowed the

open dumping

of waste in a manner

which resulted

in open burning.

9.

Pursuant

to Section 21(p)(’7)

of the

{Illinois} Environmental

Protection Act

(415 ILCS

5

/

21

(p)(

7

))

no person

shall

cause

or allow the open

dumping

of

waste in a

manner

that

results

in

deposition

of (i) general

construction

or demolition debris

as

defined in

Section

3.160(a)

of this Act; or (ii) clean

construction

or demolition debris

as defined

in

Section

3.160(b)

of this Act.

---

0738180003

-- Henry County

Voss,

Shirley

FOS

Inspection Date:

September

15, 2008

Prepared

By: R. Eugene Figge

Page

4

A violation

of Section 21(p)(7) is

alleged for

the following reason:

Shirley

Voss

as

owner and Troy Voss

as operator caused

or

allowed

the open

dumping

of waste

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) of the {Illinois

}

Environmental

Protection

Act

(415

ILCS

5/55(a)(1)) is alleged

for the following

reason:

Evidence

of

open

dumping of

used

or

waste

tires

was

observed during

the inspection

that indicated

Shirley

Voss as

owner

and Troy

Voss as operator

caused

or

allowed

the open

dumping of

used or

waste

tires.

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) of the

{Illinois} Environmental

Protection

Act

(415

ILCS

5/55(a)(2)) is

alleged for the following

reason:

Evidence of

open burning

of used

or

waste

tires was observed

during the inspection

that indicated

Shirley

Voss

as

owner

and Troy Voss as

operator caused or

allowed

the

open burning

of used

or

waste

tires.

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:

Shirley

Voss

as owner and

Troy Voss as operator

operated

a waste disposal

site

without

submitting to the

Illinois EPA an application

for

a permit

to

develop

and

operate

a

landfill.

---

State

of

Illinois

Environmental

Protection

Agency

Site

Sketch

Inspector:

R.

Eugene

Figge

Date

of

Inspection:

September

15,

2008

Site

Name:

Voss,

Shirley

North

500th

Avenue

0

Silo

LPC#:

0738180003

County:

Henry

Time:

10:00

a.m.

—

10:30

a.m.

Barn

P9

P7

P8

t

N

P6

Garage

House

P14

P4

P5

<

P3

P12

P11

P21

P17

P16

P30

_____

P15

L

\LT9

I

<

P1

Barn

Not

to

Scale

---

DIRECTION:

Photograph

taken

toward

the

west.

PHOTOGRAPH

NUMBER:

1

PHOTOGRAPH

FILE

NAME:

073818000309152008-001

.jpg

COMMENTS:

Area

of

fresh

excavation.

DATE:

September

15,

2008

TIME:

10:20a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

south.

PHOTOGRAPH

NUMBER:

2

PHOTOGRAPH

FILE

NAME:

07381

8000309152008-002.jpg

COMMENTS:

Area

of

fresh

excavation.

I

DOCUMENT

FILE

NAME:

07381

80003--09152008.doc

---

DIRECTION:

Photograph

taken

toward

the

west.

PHOTOGRAPH

NUMBER:

3

PHOTOGRAPH

FILE

NAME:

07381

80003’09

152008-003

.jpg

COMMENTS:

General

refuse

and

open

burning.

DATE:

September

15,

2008

TIME:

10:21

a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

west.

PHOTOGRAPH

NUMBER:

4

PHOTOGRAPH

FILE

NAME:

07381

80003-09

152008-004.jpg

COMMENTS:

General

refuse

and

open

burning.

DOCUMENT

FILE

NAME:

07381

80003091

52008.doc

---

DIRECTION:

Photograph

taken

toward

the

west.

PHOTOGRAPH

NUMBER:

5

PHOTOGRAPH

FILE

NAME:

07381

80003—09

152008-005

.jpg

COMMENTS:

General

refuse

and

open

burning.

DATE:

September

15,

2008

TIME:

10:21

a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

6

PHOTOGRAPH

FILE

NAME:

07381

80003—09152008-006.jpg

COMMENTS:

Area

of

fresh

excavation.

Used

tires

by

barn

in

the

distance.

DOCUMENT

FILE

NAME:

07381

80003—09

152008.doc

---

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

7

PHOTOGRAPH

FILE

NAME:

0738180003—09152008-007.jpg

COMMENTS:

Approximately

200

used

tires

south

of

barn.

DATE:

September

15,

2008

TIME:

10:23

a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

8

PHOTOGRAPH

FILE

NAME:

07381

80003—09

152008-008.jpg

COMMENTS:

:

Approximately

200

used

tires

south

of

barn.

DOCUMENT

FILE

NAME:

07381

80003—09

152008.doc

---

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

9

PHOTOGRAPH

FILE

NAME:

07381

80003—09152008-009.jpg

COMMENTS:

Used

tires

east

side

of

the

barn.

DATE:

September

15,

2008

TIME:

10:23

am.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

south.

PHOTOGRAPH

NUMBER:

10

PHOTOGRAPH

FILE

NAME:

07381

80003—M9

152008-0

1

0.jpg

COMMENTS:

Used

tires

mixed

with

broken

concrete.

DOCUMENT

FILE

NAME:

07381

80003--09

152008.doc

---

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

11

PHOTOGRAPH

FILE

NAME:

0738180003-M9152008-01

1.jpg

COMMENTS:

Demolition

waste.

DATE:

September

15,

2008

TIME:

10:24

a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

12

PHOTOGRAPH

FILE

NAME:

07381

80003—09

152008-0

1

2.jpg

COMMENTS:

Demolition

waste.

DOCUMENT

FILE

NAME:

073818000309152008.doc

---

DIRECTION:

Photograph

taken

toward

the

southeast.

PHOTOGRAPH

NUMBER:

13

PHOTOGRAPH

FILE

NAME:

07381

80003—09

152008-0

1

3.jpg

COMMENTS:

Used

tires

mixed

with

broken

concrete.

DATE:

September

15,

2008

TIME:

10:25a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NTJMBER:

14

PHOTOGRAPHFILE

NAME:

07381

80003—09

1

52008-014.jpg

COMMENTS:

Demolition

waste.

I

.L

_,__

—w.—

—

F

/1

I

-

‘‘z

ir

DOCUMENT

FILE

NAME:

0738180003—09152008.doc

---

DIRECTION:

Photograph

taken

toward

the

south.

PHOTOGRAPH

NUMBER:

15

PHOTOGRAPH

FILE

NAME:

07381

8000309152008-0l

5.jpg

COMMENTS:

Burntdemolition

waste.

DATE:

September

15,

2008

TIME:

10:25a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

west.

PHOTOGRAPH

NUMBER:

16

PHOTOGRAPHFILE

NAME:

0738180003—09152008-016.jpg

I

COMMENTS:

demolition

waste.

DOCUMENT

FILE

NAME:

0738180003—09

152008.doc

aanr$r

t

-

fl

_••

4t

J

‘

‘j

e

-

•

O

I

i

s

•

a’

“

rL

C

-tr

p.c

-

a

t-p’

1

r

r

El.-

—

4

-

-

‘

A

/

r

r1

—

.

-

N

4

-

-

---

DATE:

September

15,

2008

TIME:

10:26

a.ni

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

south.

PHOTOGRAPH

NUMBER:

18

PHOTOGRAPH

FILE

NAME:

07381

80003-09152008-01

8.jpg

COMMENTS:

Burnt

demolition

waste.

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

17

PHOTOGRAPH

FILE

NAME:

07381

80003’—09152008-017.jpg

COMMENTS:

Burnt

tires.

l.

\3

2tw4’

C;

—

-

-

e

—

—

-*

44

\j_

N

N

%4.,

•

1

-

-

----

-

-

I

-

4__

t

-

ç--

-*:

i&J’

-

F

—

NA

-Z-

—

j*tC

‘“t:-

:-

•

DOCUMENT

FILE

NAME:

0738180003—09

152008.doc

---

DIRECTION:

Photograph

taken

toward

the

south.

PHOTOGRAPH

NUMBER:

19

PHOTOGRAPH

FILE

NAME:

07381

80003-M9

152008-01

9.jpg

COMMENTS:

Burntdemolition

waste.

DATE:

September

15,

2008

TIME:

10:26a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

south.

PHOTOGRAPH

NUMBER:

20

PHOTOGRAPHFILE

NAME:

07381

8000309

1

52008-020.jpg

COMMENTS:

Burnt

demolition

waste.

DOCUMENT

FILE

NAME:

0738180003—09152008.doc

9

101

‘

-

_

-

.-$

-

..,-

-

---

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

21

PHOTOGRAPH

FILE

NAME:

07381

80003—09

152008-021

.jpg

COMMENTS:

Burnt

tires.

DATE:

September

15,

2008

TLME:

11:01a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

22

PHOTOGRAPH

FILE

NAME:

07381

80003—09

1

52008-022.jpg

COMMENTS:

Demolition

site

in

Galesburg.

B

c;-.

—

..

.‘-‘

-‘

-‘-

-—

-.

DOCUMENT

FILE

NAME:

0738180003—09152008.doc

---

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

23

PHOTOGRAPHFILE

NAME:

07381

80003—09

152008-023

.jpg

COMMENTS:

Demolition

site

in

Galesburg.

DATE:

September

15,

2008

TIME:

11:01

a.m.

PHOTOGRAPHED

BY:

R.

Eugene

Figge

DIRECTION:

Photograph

taken

toward

the

east.

PHOTOGRAPH

NUMBER:

24

PHOTOGRAPH

FILE

NAME:

07381

80003-09

1

52008-024.jpg

COMMENTS:

Demolition

site

in

Galesburg.

DOCUMENT

FILE

NAME:

07381

80003—09

152008.doc

---

toward

the

north.

PHOTOGRAPH

NUMBER:

25

PHOTOGRAPH

FILE

NAME:

07381

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COMMENTS:

Demolition

site

in

Galesburg.

DOCUMENT

FILE

NAME:

07381

80003—09

1

52008.doc

---

On

the

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ty

of

A.

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19

to

Book

of

Records

page

,

asDocument

No,

73P222

it’

the

premises

therein

dercr,brd

ntuatod

in

the

t’uutry

Of

hoary

cad

State

of

lllineis,

as

follows,

to-wit:

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STATE

OF

ILLINOIS,

r

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n

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iv

.,,.,2!,.,,,_Couoivt

-

in

and

for

said

County,

in

the

State

aforesaid,

DO

IIEREIW

CETTWY

that

v1

m

Y

5

Zn

tsnison

personally

known

to

ens

to

be

the

lcorz

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of

Vine

President

of

the

•

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of

said

whore

names

are

subscribed

to

the

fergeoing-

ins:rutneri,

np;-earM

before

rae

thin

day

in

person

and

severally

acknowledged

that

as

such

ryo

i’rusirient

sad

Cashier

they

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and

delivered

the

said

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instrument

of

writing

as

Tim-

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Cashier

of

said

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of

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aid

hnr.-’-u

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the

corporate

seal

of

sold

to

be

affixed

thereto,

pursuant

to

authority

given

•

Oir’nct-ra

of

said

as

their

free

and

volurta

act,

arid

a

the

free

of

said

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life,

,

U

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said

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hereunto

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its

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affixed,

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there

pmettined

to

ha

crf

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by

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hot-

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personally

known

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inn

to

be

the

ui:,

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purpose.

therein

set

forth,

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under

ow

hand

ard

Zp14si

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this

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IT

c.

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4%

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by

the

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of

PSnk

and

voluntary

eat

and

deed

—i

for

the

uses

a-ui

,.rc

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saves

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n.uiror’

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umfine

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a

n’terene

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of

Occur

---

AFFIDAVIT,

and

OPEN

DUMP

INSPECTION

CHECKLIST

To:

Troy

Voss

Shirley

Voss

Q

/E)

/

,—

298

Fillmore

3751

North

500

th

Avenue

‘

\

I

(3

/

ji\j

P.O.Box

153

Alpha,IL

61413

Altona,IL

61414

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:

JoIm

Therriault,

Clerk

Pollution

Control

Board

James

R.

Thompson

Center

100

West

Randolph

Street,

Suite

11-500

Chicago,

Illinois

60601

Miche

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