ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
B
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
- (312) 814-6026
ROD R.
BLAG0JEvIcH,
GOVERNOR
DOUGLAS
P. ScoTt,
DIRECTOR
(217)
782-9817
TDD:
(217)
782-9143
October
16, 2008
John
Therriault,
Clerk
Illinois
Pollution Control
Board
James R.
Thompson
Center
100
West Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
>(
OCT
2.g
2008
Ig
4
LLlNO
1
Oarcj
Re:
illinois
Environmental
Protection
Agency
v. Darrell
Knox
IEPA
File
No.
300-08-AC:
1378075006—Morgan
County
Dear Mr.
Therriault:
Enclosed
for
filing
with the
Illinois Pollution
Control Board,
please
find the
original and
nine
true
and
correct
copies
of the
Administrative
Citation
Package,
consisting
of the
Administrative
Citation, the
inspector’s
Affidavit,
and
the
inspector’s
Illinois Environmental
Protection
Agency
Open
Dump
Inspection
Checklist,
issued
to the
above-referenced
respondent(s).
On this
date, a
copy
of the
Administrative
Citation
Package
was sent
to
the Respondent(s)
via
Certified
Mail. As
soon
as
I
receive the
return receipt,
I will
promptly
file
a copy
with you,
so
that the Illinois
Pollution
Control
Board
may
calculate
the thirty-five
(35)
day
appeal
period
for
purposes
of
entering a
default
judgment
in
the
event the
Respondent(s)
fails or
elects
not to
file
a
petition
for review
contesting
the Administrative
Citation.
If you
have
any
questions
or concerns,
please
do not
hesitate
to contact
me at the
number
above.
Thank
you for your
cooperation.
Enclosures
R0CKEORD
-
4302 North Main
Street, Rockford,
IL 61103
— (815) 987-7760
.
DES
PLAINES
— 9511
W. Harrison
St., Des Plaines,
IL 60016
— (847) 294-4000
ELGIN
—595
South
State,
Elgin,
IL 60123
—
(847)
608-3131
.
PEORIA
—5415
N. University
St.,
Peoria,
IL 61614 —(309)
693-5463
BUREAU
OF LAND
- PEORIA -
7620 N. University
St., Peoria, IL
61614—
(309) 693-5462
CHAMPAIGN
— 2125
South
First
Street, Champaign,
IL
61820—
(217)278-5800
COLLINsvILLE
—2009
MalI
Street, Collinsville,
IL 62234
—(618)
346-5120
MARION
—
2309W. Main
St., Suite
116,
Marion,
IL 62959—
(618) 993-7200
PRINTED
ON
RECYCLED
PAPER
Michelle M.
R
Assistant
Counsel
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
q
>
OCT
2ü
STATE.
v.
)
(IEPA
No.
300-08-ACOI1utI
0
,LINoIs
0
IBoard
DARRELL
KNOX,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Darrell
Knox
2099
Baldwin
Road
Jacksonville,
IL
62650
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,
iJ\ihJ5
Miche
e 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:
October
16, 2008
THIS
FILING SUBMITTED
ON
RECYCLED
PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
I2O2Oo8
Complainant,
)
AC
i
g(LLlNos
V.
)
(IEPA
No.
300-08-AC)
roI
80
)
DARRELL
KNOX,
)
)
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
Darrell
Knox
is the
current
owner
(“Respondent”)
of
a facility
located
at
2099
Baldwin
Road,
Jacksonville,
Morgan
County,
Illinois.
The
property
is
commonly
known
to the
Illinois
Environmental Protection
Agency
as Jacksonville/Knox.
2.
That
said
facility
is
an open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is
designated
with
Site
Code
No.
1378075006.
3.
That
Respondent
has
owned
said facility
at all
times
pertinent
hereto.
4.
That
on
September
12,
2008,
Mark
Weber
of
the Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Springfield
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.
That on
/0
—/
, Illinois
EPA sent
this
Administrative
Citation
via
Certified
MailNo.
to
OOoI/S
‘/92
VIOLATIONS
Based
upon
direct
observations
made
by
Mark
Weber
during
the
course
of his
September
12, 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
insulting
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
iesulting
in open
burning,
a
violation
of Section
21(p)(3)
of the
Act,
415
ILCS
5/21
4)(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).
2
CIVIL
PENALTY
Pursuant
to
Section
42(b)(4-5)
of
the
Act,
415
ILCS
5142(b)(4-5) (2006),
Respondent
is
subject
to
a
civil
penalty of
One
Thousand
Five
Hundred
Dollars
($1,500.00)
for
each
of
the
violations
identified above,
for
a
total
of
Four
Thousand
Five
Hundred Dollars
($4,500.00).
If
Respondent
elects
not to
petition
the
Illinois
Pollution
Control
Board,
the
statutory
civil
penalty
specified
above
shall
be
due
and
payable
no
later
than
November
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.
3
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.
4
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.
L—---L
f
3
Zt(€
Date:
iOIlO
DougIas-.
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
5
ECEllvED
CLERK’S
OFFICE
REMITTANCE
FORM
OCT
2.0
2008
STATEOFILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution
Control
Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No.
300-08-AC)
DARRELL
KNOX,
)
Respondent.
FACILITY:
Jacksonville/Knox
SITE
CODE
NO.:
1378075006
COUNTY:
Morgan
CIVIL
PENALTY:
$4,500.00
DATE
OF
INSPECTION:
September
12,
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.
6
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
b
IN THE MATTER OF:
)
OCT
fl
)
8
Illinois Environmental
)
ILL
INOIS
Protection Agency
)
°fltrol
Board
)
vs.
)
IEPA DOCKET
NO.
)
Darrell Knox,
)
)
Respondent.
)
Affiant,
Mark
J.
Weber, 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 Illinois Environmental Protection Agency and
has been
so
employed at all times pertinent
hereto.
2. On September 16, 2008
between 10:15 AM and 10:40 AM, Affiant
conducted an
inspection of a
disposal site operated without an Illinois
Environmental Protection
Agency
permit, located in Morgan County, Illinois, and
known
as
Jacksonville/Knox by
the Illinois Environmental Protection Agency.
Said site has been assigned site code
number LPC# 1378075006 by
the Illinois Environmental Protection
Agency.
3.
Affiant inspected said
Jacksonville/Knox open dump site
by
an on-site
inspection,
which
included
a
walk through of the site and photo
documentation of the site
conditions.
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 Jacksonville/Knox open
dump.
6i
L}
Mark
I
Weber
Subscribed
and Sworn To
before me
Thisdayof
icP
Notary Public
OFFICIAL
SEAL
CHARLENE K. POWELL
NOTARY PUBLIC - STATE OF
ILLINOIS
MY COMMISSION EXPIRES MARCH 15, 2012
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open Dump
Inspection
Checklist
County:
Morgan
LPC#:
Location/Site
Name:
Jacksonville/Knox
Date:
09l12/200
Time:
From
1000
Inspector(s):
Mark Weber
No. of Photos
Taken:
#
11
Interviewed:
No
one
Darrel
Knox
2099 BaldwinRd.
Jacksonville,
IL
62650
217/245-7593
1378075006
Region:
5
- Springfield
To 1025
Weather:
yds
3
Samples
Taken:
Yes
#
Complaint
#:
C-05-095-C
No
CL!Rk’S
°F,c
OCT
2.0
2008
SThT
0p
PoJkltjon
Cntri
ILLINo,
Est.
Amt. of Waste:
50
Previous
Inspection
Date:
08/08/2007
Approx.
60
degrees
F
w/slight
breeze
Responsible
Party
Mailing
Address(es)
and
Phone
Number(s):
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN
OR
ALLOW
AIR
POLLUTION
IN
ILLINOIS
2.
9(c)
CAUSE
OR ALLOW
OPEN
BURNING
3.
12(a)
CAUSE, THREATEN
OR ALLOW
WATER
POLLUTION
IN
ILLINOIS
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
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
LI
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
(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
06/18/2001
(Open
Dump-i)
LPC#
1378075006
(7)
Demolition
Deposition of
Debris
General Construction
or Demolition Debris;
or Clean
Construction or
LI
9.
55(a)
NO PERSON SHALL:
(1)
Cause_or Allow_Open_Dumping_of Any_Used_or_Waste_Tire
(2)
Cause or Allow Open Burning
of Any Used or Waste
Tire
LI
35
ILLINOIS
ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
10.
81 2.101 (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
—
APPARENT
VIOLATION OF:
(LI)
PCB;
(El)
CIRCUIT
COURT
14.
CASE NUMBER:
ORDER
ENTERED
ON:
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 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 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.
Inspection
Date:
09/12/2007
Revised
06/18/2001
(Open
Dump -2)
.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
MEMORANDUM
DATE:
October 2, 2008
TO:
BOL -
Division
File
FROM:
Mark Weber,
DLPC/FOS
— Springfield Region
SUBJECT:
LPC# 1378075006
- Morgan
County
Jacksonville/Knox
FOS File
On
September
16, 2008 I
conducted a re-inspection
of the Knox
site. The Knox site
is
located in rural
Morgan County
at 2099 Baldwin
Road approximately
1 mile north
of
Jacksonville,
Illinois.
The
Knox
site was
re-inspected
in order to determine
its status
afier a Combined
Notice
Pursuant
to Sections 22.15(a)
and 55.3(d)
of
the Illinois
Environmental
Protection
Act
was sent to Mr.
Darrell Knox, the
property owner.
The
initial Illinois
EPA
inspection
of the Knox
site was
conducted on April 13,
2005.
Wastes identified
during the
April
13,
2005
site
inspection
included abandoned
vehicles,
used
tires,
furniture,
a
boat w/trailer,
mixed metals, glass,
aluminum
cans, and a pile of
household
refuse. Evidence
of open
burning of waste
was also
noted
during the April
2005 inspection.
As
a result
of the
initial
inspection
an Administrative
Citation
Warning
Notification
(ACWN)
was
sent
via certified
mail
on April 29, 2005
to Mr.
Darrell Knox,
the property
owner, for which
he never signed.
This was followed
up by
another mailing
of the
ACWN
on May 23, 2005
which was
not sent certified
mail. This second
mailing
did not prompt
a response
or
activity from
Mr.
Knox
in regards to the violations
at his
property.
Other warning
letters
have
been sent
by
the
Illinois EPA
to
Mr. Knox including
a Violation
Notice
(VN)
delivered certified
mail
to
Mr. Knox on September
19, 2006.
The VN was signed for
but prompted
no response
or activity from Mr.
Knox either.
Since
April 2005 the
site has been
subject
to no less
than 5 re-inspections.
September 16, 2008
Re-Inspection
I arrived at the Knox
site
at approximately
1015
on September 16,
2008. The
temperature was
approximately
60° F. It
was mostly sunny
with
a slight breeze. Soil
conditions
were dry.
Mr. Knox maintains
his primary residence
at the property
but was
not
present
during
the re-inspection.
Prior to the
September 16, 2008
re-inspection
Mr.
Knox
was sent via certified
mail
a
Combined
Notice
Pursuant
to Sections
22.15(a) and
55.3(d) ofthe
illinois Environmental
Protection
Act. The
Combined
Notice
was served on February
21, 2008. The
Combined
Notice
required that
Mr.
Knox respond
in
writing
with
a clean-up plan for
managing the
open dumped waste
at
his property
within 30
days
of receipt.
The
Illinois EPA
never
1
received
a
written
clean-up
plan
from
Mr. Knox.
Instead,
a call
was
received
by
Mr.
Alan
Justice,
Illinois
EPA
CCDD/IRID
program
manager,
from
Mr. Knox
requesting
a
re-inspection.
Mr.
Knox
indicated
that all
of the
open
dumped
waste,
used
tires,
and
abandoned
vehicles
had
been
removed.
Some
of the
waste
documented
during
the
initial April
13,
2005
complaint
inspection
and
subsequent
re-inspections
remains
on-site.
Open
dumped
wastes
observed
during
the
September
16,
2008 re-inspection
include
1
abandoned
vehicle,
an abandoned
boat
and
trailers,
an
above
ground
storage
tank
(AST),
and
mixed
metals.
All
of the
furniture,
glass
bottles,
aluminum
cans,
plastics,
landscape
debris,
paper,
dimensional
lumber,
landscape
debris,
and
household
refuse
identified
during
prior
inspections
appeared
to
have
been
burned
on-site.
Ample
evidence
of the
open
burning
of solid
waste
was
documented during
the
September
16, 2008
re-inspection.
The
total
volume
of waste
that
remains
on-site
is
estimated
at
20
3
yd
excluding
the
AST, abandoned
vehicle,
trailers,
and
boat.
Mr.
Knox
has
never
provided
the
Illinois
EPA
SRO
with any
documentation
pertaining
to
the proper
disposal
or
recycling
of any
wastes,
used
tires,
or
abandoned
vehicles.
As noted
earlier,
Mr. Knox
is
well aware
of the
violations
of
the Illinois
Environmental
Protection
Act
that
exist
at his
property
as they
have
been
cited repeatedly
during
the
numerous
inspections
of
his
property.
Mr. Knox
was
made
aware
of the violations
in
writing
in the
May
23, 2005
ACWN,
the
September
19,
2006
YN,
and
the
February
20,
2008
Combined
Notice
and that
the
open
burning
of
the solid
waste
is in
direct
violation
of the Illinois
Environmental
Protection
Act.
Mr. Knox
has
been
notified
in person
by
the
Illinois
EPA
on at
least
one occasion
of the
violations
that
exist
at his
property.
Site
photographs
taken
during
the
September
16,
2008
re-inspection
are
enclosed.
Photograph
#1
depicts
a used
tire at
the edge
of
the
garage.
All
of
the
other
used tires
had
been
removed
since
the previous
inspection.
Mr.
Knox
has not
supplied
the
Illinois
EPA
to
date with
documentation
that
the
used
tires
were
properly
removed
and recycled.
Photograph #2 is of
a vehicle
parked
at the
Knox property
without
current
registration.
A
lead
acid battery
is also
visible.
Photograph
#3 shows
two
burn
barrels
located
on
the Knox
property.
Photograph
#4
is a close-up
of
one
of
the burn
barrels
found
on-site
and
ash residue
within.
Partially
burned
dimensional
lumber
and
paper
is visible.
Photograph
#5 is
a
close-up
of
the
interior
of the
other burn
barrel.
Photograph
#6 provides
a view
of
one of
the inactive
open
burn
areas found
at the
Knox
site.
Photograph #7
is
a
close-up
of the open
burn
area
depicted
in photo
#6.
Partially
burned
wastes
included
paper,
dimensional
lumber,
&
landscape
debris.
2
Photograph
#8
shows
the
second
of five
open
burn areas located
on the Knox site.
Partially
burned wastes include
dimensional
lumber, roofing
paper,
&
landscape
debris.
Photograph
#9 providesa
view
of
the one abandoned vehicle
that remains at the
Knox
site.
Photograph
#10 shows
a rusty above
ground storage
tank
(AST).
The AST did
not
appear
to
contain
any
fluids.
Photograph
#11 is
of the third
open burn
area encountered
by
this inspector on the
Knox
property.
Partially
burned wastes
include aluminum
cans,
mixed metals, paper,
plastics,
furniture,
dimensional
lumber,
landscape
debris, &
at
least
one used tire.
Photograph
#12
provides
a view of
the
fourth open burn area
located on-site.
Partially
burned
wastes include
mixed metals,
glass,
aluminum
cans,
plastics, dimensional
lumber,
& landscape
debris.
Photograph
#13
shows
the
fifth
open
burn
area
at the
Knox site. Partially
burned
wastes
include
dimensional
lumber,
paper,
and landscape
debris.
Photograph
#14
is of an
abandoned
boat
with trailer.
Photograph
#15
provides
a view
of an
abandoned
trailer
with mixed metals
stored on
top.
Photograph #16
shows another
abandoned
trailer with
mixed
metals.
It does not appear
that
the
open dumped
solid
wastes
identified at the Knox
site during
any
of the
previous
site
inspections
have been properly
managed. While
most of the used
tires
and
abandoned vehicles
have been
removed,
Mr.
Knox has not provided
the Illinois
EPA with
the
any
documentation
of
their removal.
It appears that much
of the solid
waste
was actually
burned. Violations
of the Illinois
Environmental
Protection Act cited
in
the April 2005 ACWN
that
persist
at the Knox
site pertain
to
Sections:
9(a), 9(c),
21(a),
2l(p)(l), 2l(p)(3),
and 55(a)(1).
Refer
to the Open Dump
Checklist for additional
information.
cc:
DLPC/FOS
- Springfield Region
3
I
7
>
..
‘‘:
>
File
Names:
1378075006
-M9162008-jExp.
#j.jpg
edge
ofgarage.
All
of
the
other
used
tires
had
been
removed
since
the
previous
inspection.
Mr.
Knox
has
not
supplied
the
IEPA
withreceipts
that
would
document
the
proper
recycling
of
the
used
tires.
Date:
09/16/2008
Time:
1017
Direction:
NW
Photo
by:
Mark
Weber
Exposure
#:
2
Comments:
Vehicle
parkedat
the
Knox
property
without
current
registration.
A
lead
acid
battery
is
also
visible.
Page
1
of8
FileNames:
1378075006-’-09162008-[Exp.
#I.jpg
barrels
located
on
the
Knox
property.
Date:
09/16/2008
Time:
1018
Direction:
N
Photo
by:
Mark
Weber
Exposure
#:
4
Comments:
Close-up
of
one
of
the
burn
barrels
found
on-site
and
ash
residue
within.
Partially
burned
dimensional
lumber
and
paper
is
visible.
i.’J
‘?.
.—
•g.
.J
Page
2
of
8
the
interior
of
the
other
burn
barrel.
Date:
09/16/2008
Time:
1019
Direction:
SE
Photo
by:
Mark
Weber
Exposure
#:
6
Comments:Inactive
open
burn
area
on
the
Knox
property.
File
Names:
1378075006--09162008-jExp.
#j.jpg
Page
3
of
8
of
on
of
the
open
burn
area
on-site.
Partially
burned
wastes
included
paper,
dimensional
lumber,
&
landscape
debris.
Date:
09/16/2008
Time:
1019
Direction:
SW
Photo
by:
Mark
Weber
Exposure
#:
8
Comments:
Another
open
burn
area
located
on
the
Knox
site.
Partially
burned
wastes
include
dimensional
lumber,
roofing
paper,
&
landscape
debris.
File
Names:
1378075006-4)9162008-I
Exp.
#1
.j
pg
Page
4
of
8
vehicle
located
on
the
Knox
site.
File
Names:
1378075006—09162008-jExp.
#I.jpg
Date:
09/16/2008
Time:
1020
Direction:
W
Photo
by:
Mark
Weber
Exposure
#:
10
Comments:
Rusty
above
ground
storage
tank.
Did
not
appear
to
contain
any
fluids.
Page
5
of
8
File
Names:
1378075006--09162008-[Exp.
#j.jpg
Comments:
Open
burn
area
on
the
Knox
property.
Partially
burned
wastes
include
aluminum
cans,
mixed
metals,
paper,
plastics,
furniture,
dimensional
lumber,
landscape
debris,
&
at
least
one
used
tire.
Date:
09/16/2008
Time:
1020
Direction:
S
Photo
by:
Mark
Weber
Exposure
#:
12
Comments:
Another
open
burn
area
located
on-site.
Partially
burned
wastes
include
mixed
metals,
glass,
aluminum
cans,
plastics,
dimensional
lumber,
&
landscape
debris.
Page
6
of
8
File
Names:
1378075006’-09162008-jExp.
#i
.j
pg
burnarea
at
the
Knox
site.
Partially
burned
wastes
include
dimensional
lumber,
paper,
and
landscape
debris.
Date:
09/16/2008
Time:
1021
Direction:
W
Photo
by:
Mark
Weber
Exposure
#:
14
Comments:
Abandoned
boat
with
trailer.
Page
7
of
8
Comments:
Abandoned
trailer
with
mixed
metals
stored
on
top.
Date:
09/16/2008
Time:
1022
Direction:
W
Photo
by:
Mark
Weber
Exposure
#:
16
Comments:
Another
abandoned
trailer
with
mixed
metal.
FileNames:
1378075006—09162008-jExp.
#1.jpg
Page
8
of
8
CLJ:RK’S
OFFICE
PROOF
OF SERVICE
OCT
20
2068
STATE
OF
ILUNOIS
I hereby
certify
that I did on the
16th day of October
2008,
send by
ffi
kcø
Receipt Requested,
with postage
thereon
fully prepaid,
by depositing
in a United
States Post
Office
Box a true
and correct copy ofthe
following
instrument(s)
entitled
ADMIN[STRATWE
CITATION,
AFFIDAVIT,
and OPEN
DUMP INSPECTION
CHECKLIST
To
Darrell
Knox
2099 Baldwin
Road
Jacksonville, IL
62650
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
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
