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 - (312)

814-6026

ROD

R. BLAGOJEVICH,

GOVERNOR

DOUGLAS

P. Scon,

DIRECT

ECEVED

CLERK’S

OFFICE

(217)

782-9817

TDD:

(217)

782-9143

December

10,

2008

DEC.

122008

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. Theodore

and

Sally

Jackson

TEPA File No.

322-08-AC:

1250205071—Mason

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

Jiispection

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

ROCKFORD

— 4302 North Main

Street, Rockford,

IL 61103

— (815) 987-7760

.

DES

PLAINES

—

951 1 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

LAN0-PEORIA

— 7620 N.

University

St., Peoria,

IL 61614-

(309) 693-5462

.

CHAMPAIGN

—2125

South

First Street, Champaign,

IL

61820-

(217)278.5800

COLLINSVILLE — 2009

Mall Street, Collinsville,

IL 62234

— (618)

346-5120

.

MARION

— 2309W. Main

St., Suite

116,

Marion, IL

62959 —(618) 993-7200

PRINTED

ON RECYCLED

PAPER

STATE

OF

ILLlNOi

POIIUt!

Ofl

Control

Board

Michelle M.

Ryan

Assistant

Counsel

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ECEUVED

CLERK’S

OFFICE

ADMINISTRATIVE

CITATION

DEC

2

2008

ILLINOIS

ENVIRONMENTAL

)

Pollution

STATE

OF

Control

ILLINOIS

Board

PROTECTION

AGENCY,

)

Complainant,

)

AC

v.

)

(IEPA

No.

322-08-AC)

)

THEODORE

and SALLY

JACKSON,

)

)

Respondents.

)

NOTICE

OF

FILING

To:

Theodore

and Sally

Jackson

327

B.

Market

Havana,

IL 62644

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:

December

10,

2008

THIS

FILING SUBMITTED

ON RECYCLED

PAPER

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

CLERICS

ADMINISTRATIVE

CITATION

Dc.

22008

srArE

ir

ILLINOIS

ILLINOIS ENVIRONMENTAL

)

OntroIBrd

PROTECTION

AGENCY,

)

Complainant,

)

AC

V.

)

(IEPA

No. 322-08-AC)

)

THEODORE

and SALLY

JACKSON,

)

)

)

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

Theodore

and Sally

Jackson are the

current owners

(“Respondents”)

of a

facility

located at 1203 South

1

0

th

Street,

Havana,

Mason

County,

Illinois. The property

is commonly

known

to the

Illinois Environmental

Protection

Agency

as Havana/Jackson

2.

2.

That

said

facility is an

open

dump

operating without an

Illinois

Environmental

Protection

Agency

Operating Permit

and

is

designated

with

Site Code No.

1250205071.

3.

That Respondents

have

owned and

operated said facility

at all times pertinent

hereto.

4.

That on

October 28, 2008, William

E. Zierath

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

ont-

;c

2c

Illinois

EPA

sent

this Administrative

Citation via

Certified

MailNo.

7OOL

7(

ooi

i1ic

9’7

VIOLATIONS

Based

upon

direct

obseriations

made

by

William

E. Zierath

during

the

course

of his October

28,

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

iesulting

in litter, a violation

of

Section 21(p)(1)

of the

Act, 415

ILCS

5121(p)(l)

(2006).

(2)

That

Respondents

caused

or

allowed

the open

dumping

of waste

in

a

manner

resulting in

Deposition

of General

Construction

or

Demolition

Debris:

or

Clean

Construction

or

Demolition

Debris a

violation of

Section

21(p)(7)

of

the

Act,

415

ILCS

5/21

(p)(7)

(2006).

CIVIL

PENALTY

Pursuant

to

Section

42(b)(4-5)

of the

Act,

415

ILCS

5/42(b)(4-5)

(2006),

Respondents

are

subject

to a civil

penalty

of One

Thousand

Five

Hundred

Dollars ($1,500.00)

for

each

of

the

violations

identified

above,

for

a

total of Three

Thousand

Dollars

($3,000.00).

If Respondents

elects

not to

petition

the Illinois

Pollution Control

Board,

the statutory

civil

penalty specified

above

shall

be

due

and payable

no

later than

January

15, 2009,

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

2

---

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.

Date:

Iz/ioIo

Douglas.

Scott, Director

) ‘—

Illinois Environmental

Protection

Agency

Prepared by:

Susan E. Konzelmann,

Legal

Assistant

Division

of Legal

Counsel

Illinois

Environmental

Protection

Agency

1021

North Grand Avenue

East

P.O. Box19276

Springfield,

Illinois

62794-9276

(217) 782-5544

4

---

REMITTANCE

FORM

DECi

2

2008

STATE

OF

ILUNOIS

ILLINOIS ENVIRONMENTAL

)

POIIUh

Contro’

Board

PROTECTION

AGENCY,

)

Complainant,

)

AC

V.

)

(IEPA No. 322-08-AC)

THEODORE

and

SALLY

JACKSON,

)

)

)

)

Respondents.

FACILITY:

Havana/Jackson

2

SITE CODE

NO.:

1250205071

COUNTY:

Mason

CIVIL PENALTY:

$3,000.00

DATE OF INSPECTION:

October

28, 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

CE1VED

AFFIDAVIT

L.ERKS

OFFICE

IN THE

MATTER

OF

DECj

2

2008

STATE

OF

LLINO,S

PO1jto

Contro’

Board

)

TEPA

DOCKET

NO.

)

Respondent.

)

Affiant,

William

Zierath,

being

first

duly

sworn,

voluntarily

deposes

and states

as

follow:

1.

Affiant

is

a

field

inspector

employed

by the

Land Pollution

Control

Division

of the

Environmental

Protection

Agency

and

has been

so

employed

at all

times

pertinent

hereto.

2.

On

October

28,

2008,

between

11:40

AM

and

12:00

PM,

Affiant

conducted

an

inspection

of a disposal

site operated

without

an

Agency

permit,

located

in Mason

County,

Illinois

and

known

as Jackson

2

by

the

Illinois

Environmental

Protection

Agency.

Said

site has

been assigned

site

code

number

LPC#

1250205071

by

the Agency.

3. Affiant

inspected

said

Jackson

2

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

Jackson

2

open dump.

Subscribed

and

Sworn

To before

me

This day

of

OFFICIAL

SEAL

---

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

Open Dump

Inspection

Checklist

County:

Mason

LPC#:

1250205071

Location/Site

Name:

Havana/Jackson

2

Date:

10/28/08

Time:

From

11:40

Inspector(s):

William

Zierath

No.

of Photos

Taken:

#

22

Est.

Amt. of

Waste: 100

Interviewed:

No

one

Theodore

and

Sally Jackson

327

E

Market

Havana,

Illinois,

62644

309-543-3715

Region:

5

- Springfield

To

12:00

Previous Inspection

Date:

Weather:

Sunny,

65F

yds

3

Samples

Taken: Yes

#

Complaint

#: C-07-1

01-C

04/22/08

Responsible

Party

Mailing

Address(es)

and

Phone

Number(s):

CEVED

CLERK’S

OFFICE

::

STATE

OF

ILLINOIS

POlItj

Control

Boani

SECTION

DESCRIPTION

VIOL

ILLINOIS

ENVIRONMENTAL

PROTECTION

ACT

REQUIREMENTS

1.

9(a)

CAUSE,

THREATEN

OR ALLOW

AIR POLLUTION

IN

ILLINOIS

LI

2.

9(c)

CAUSE

OR

ALLOW

OPEN

BURNING

LI

3.

12(a)

CAUSE,

THREATEN

OR

ALLOW WATER

POLLUTION

IN ILLINOIS

LI

4.

12(d)

CREATE

A WATER

POLLUTION

HAZARD

LI

5.

21(a)

CAUSE

OR

ALLOW

OPEN DUMPING

CONDUCT

ANY WASTE-STORAGE,

WASTE-TREATMENT,

OR

WASTE- DISPOSAL

6.

21(d)

OPERATION:

(1)

Without

a Permit

(2)

In

Violation of

Any Regulations

or

Standards

Adopted

by

the

Board

DISPOSE,

TREAT,

STORE,

OR

ABANDON

ANY

WASTE, OR

TRANSPORT

ANY

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

LI

(3)

Open

Burning

LI

(4)

Deposition of

Waste in

Standing

or

Flowing

Waters

LI

(5)

Proliferation

of Disease

Vectors

LI

(6)

Standing or

Flowing

Liquid

Discharge

from the

Dump Site

LI

Revised

06/18/2001

(Open

Dump

- 1)

---

LPC#

1250205071

Inspection

Date:

10/28/08

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

(2)

Cause or Allow

Open Burning of Any

Used or Waste

Tire

LI

(3)

Cause or Allow

Water to Accumulate

in

Used Tires

LI

35 ILLINOIS ADMINISTRATIVE

CODE

REQUIREMENTS

SUBTITLE

G

FAILURE

TO

SUBMIT

AN APPLICATION

FOR A PERMIT

TO DEVELOP

AND

10.

812.101(a)

OPERATE

A LANDFILL

11.

722.111

HAZARDOUS

WASTE DETERMINATION

12.

808.121

SPECIAL

WASTE

DETERMINATION

ACCEPTANCE OF

SPECIAL

WASTE

FROM

A

WASTE

TRANSPORTER

WITHOUT

A

WASTE HAULING PERMIT,

UNIFORM

WASTE PROGRAM

REGISTRATION

AND

LI

13.

809.302(a)

PERMIT

ANDIOR 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

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.

Revised

06/18/2001

(Open

Dump

-2)

---

MEMORANDUM

Date:

October 28, 2008

To: BOL

File

From: William

E. Zierath,

BOL/FOS - Springfield

Region

Subject: LPC#

1250205071

— Mason

County

Havana/Jackson

2

Complaint

C-07- 101-C

FOS File

A complaint

re-investigation

was conducted

at this lot

on

the south edge of Havana

on

October 28,

2008.

No one

else was

present.

The weather

was 65°F, and sunny

during this

inspection.

The complaint

stated

“accumulation

ofjunk & vehicles

at Jackson’s property.”

An

investigation

was conducted

at this site

on April 22,

2008. See the memorandum

of that

date for

details. The

purpose

of this

follow-up investigation

was to determine

if the refuse

observed

during

the

April

22, 2008 investigation

had

been cleaned

up.

There had been five

abandoned

cars

on

this

site during the April

22, 2008 inspection.

Two

of the cars

had

been

removed prior

to the October 28, 2008

investigation. The

three

remaining

abandoned

cars are shown in

photographs 1250205071’-10282008-001,

1250205071—10282008-002,

and 1250205071--’10282008-012.The

area where

the other

two cars used

to be us shown in photograph

125020507110282008-005.

There was

one

abandoned pickup

truck

on the

site. This pickup truck

is

shown in

photographs

1250205071’—10282008-008,

125020507110282008-009,

and 125020507P—10282008-

010.

There were two

abandoned mobile

homes

on

this

property during

the April

22, 2008

investigation.

The

two

mobile

homes

had been

removed

prior

to the October

28, 2008

investigation. The

previous locations

of these

two mobile homes

are shown in

photographs

125020507110282008-008

and

1250205071--10282008-012.

There

was scrap

metal

and wooden demolition

waste,

along

with three possibly

empty

55-gallon drums located

along the

west side of the north

building at this site. This

waste

is shown in photographs

125020507110282008-003

and 1250205071-10282008-004.

The drums located

along the west

side of

the

north

building had wood

boards

stacked on

them along with

other items

leaning against

them.

The usual method

for determining

---

whether drums contain

liquids

or solids is to rap

on

the

sides of

the

drums.

Empty

drums

ring

with

a

distinctive

sound.

However, significant

weight on

top

of an empty drum

will

deaden the sound.

For this

reason I

was unable to determine

if the drums

were empty or

contained

wastes. Apparent violations

of 35 Ill. Adm.

Code

722.111

(hazardous waste

determination)

and 808.121

(special waste determination)

are marked

to address the

necessity that any wastes

in the

drums

be

identified

and the disposed

of properly.

An

orange trailer

with old

windows

that

was observed at

the site

during

the April 22,

2008

investigation

was located in the same

location

during this investigation.

This

trailer

is shown in photograph

1250205071—10282008-005.

There

was

wooden demolition

waste, scrap metal

and assorted

junk located

along the

west

side of the site.

This waste is shown in

photographs

125020507140282008-006,

12502050711 0282008-007,

and 1250205071-40282008-008.

The

semi trailer observed

at this site during

the

April

22, 2008 investigation

was

still

present during

this investigation. This

semi trailer

is shown in photograph

1250205071-40282008-008.

As observed during

the April 22, 2008

investigation,

there were the

metal

frames from

the bases

of mobile homes

behind

the

semi trailer. The mobile

home

bases are

shown

in

photograph 1250205071-40282008-009.

There was

scattered junk in the

wooded

area

at the south end of

the site. This

waste

included

two

used tires not

on rims. The waste

in the

southern

end

of the

site is

shown

in

photographs

1250205071-40282008-010,

1250205071—10282008-011,

1250205071-40282008-013,

1250205071-10282008-014,

1250205071-40282008-015,

1250205071-10282008-01

6, 1250205071-40282008-017,

and

1250205071-40282008-

018.

At the south end

of the south building

was a small amount

of scrap

metal,

demolition

waste and assorted

junk. This waste

is shown

in

photograph

1250205071-40282008-019.

There was wooden

demolition

waste stacked along

the western

wall

of

the

south building.

This

demolition

waste is shown

in photograph

1250205071-40282008-020.

Most

of

the waste in the area

south

of the north

building

and west of the

south building

had

been removed

prior

to

this investigation The

area

is

shown

in photograph

1250205071-40282008-021.

There

were

some

used tires

on rims leaning against

the

south

wall. In

addition, there

was some scrap metal

south

of

the southwest

corner

of the

north building.

This scrap metal

is shown in photograph

1250205071-40282008-022.

Apparent

violations

are marked

on the attached checklist.

cc:

BOL/FOS

— Springfield Regional

File

Chief

John Kachanuk,

Havana

Fire Department

---

Jr

12

onedcai

Jr

13

Jr

18

17

14,

15&

16

Demolition

Waste,

ScrapMetal

and

AssortedJunk

North

Building

21

20

19

Mobile

EE*

Frames

---

FREE!

Use

Live

Search

4lltc

find

P1

movies,

businesses

more:

800-CALL-411,

httn

//n,

nc

Wv.

t’nni

/ndnt

2qny9rnfrt=pn-li

cRn=1

k7pttcMnt=nh

1

1/1R/200R

---

Abandoned

car

in

the

northwest

part

of

the

site.

The

gray

and

white

structure

in

the

background

is

a

grain

storage

facility

on

another

property.

Date:

October

28,

2008

Time:

11:44am

Direction:

South

Photo

by:

WZierath

Exposure

#:

002

Comments:

The

rear

license

plate

on

the

abandoned

car

shown

in

photograph

001.

The

sticker

on

the

license

plate

expired

in

October,

1993.

File

Names:

1250205071-10282008-[Exp.

#].jpg

Page

1

of

11

---

File

Names:

1250205071—1

0282008-[Exp.

#].jpg

the

west

side

of

the

building,including

demolition

waste

(including

boards

and

plywood),

scrap

metal

and

55-gallon

drums.

It

is

usually

possible

to

determine

if

drums

are

empty

by

rapping

on

them.

The

weight

of

wood

on

top

of

the

drums

prevented

the

successful

use

of

that

method

in

this

case.

Date:

October

28,

2008

Time:

11:45am

Direction:

Southeast

Photo

by:

W

Zierath

Exposure

#:

004

Comments:

Junk

along

the

west

side

of

the

building,

including

demolition

waste

(including

plywood

and

an

old

door),

scrap

metal

and

an

open

empty

drum.

Page

2

of

11

---

trailer

that

contains

old

windows

and

other

demolition

waste.

The

large

tire

to

the

right

of

the

trailer

is

a

tractor

apparently

being

used

during

the

cleanup.

The

semitrailer

in

the

background

is

also

shown

in

photograph

008.

The

tractor

at

the

right

edge

of

the

photograph

appeared

to

be

a

functional

piece

of

equipment

used

for

the

clean

up.

Date:

October

28,

2008

Time:

11:45

am

Direction:

West

Photo

by:

WZierath

Exposure

#:

006

Comments:

Demolition

waste

and

assorted

junk

(including

a

broken

picnic

table)

along

the

west

side

of

site.

The

dark

green

and

black

objects

just

beyond

the

woody

vegetation

were

large

plastic

culvert

sections.

This

type

of

material

was

being

stored

along

the

east

and

west

edges

of

the

property

to

the

west

and

was

not

on

the

Jackson

property.

Page

3

of

11

---

File

Names:

1250205071-i

0282008-[Exp.

#J.jpg

waste

(wooden

boards)

along

the

west

side

of

the

site.

Note:

The

black

plastic

culvert

sections

are

on

the

property

to

thewest.

Date:

October

28,

2008

Time:

11:46

am

Direction:

South

Photo

by:

W

Zierath

Exposure

#:

008

Comments:

Demolition

waste

(boards),

a

bicycle

frame

and

an

old

semi

trailer

along

the

west

side

of

the

site.

The

vehicle

near

the

left

edge

of

the

photograph

is

also

shown

in

photographs

009

and

010.

Page

4

of

11

---

File

Names:1250205071-10282008-[Exp.

#].jpg

home

frames,

an

old

trash

can

andan

abandoned

truck

in

the

southern

part

of

the

site.

Date:

October

28,

2008

Time:

11:46am

Direction:

South

Photo

by:

W

Zierath

Exposure

#:

010

Comments:

Demolition

waste

(partly

covered

by

fallen

branches)

and

a

few

pieces

of

householdwaste

in

the

southern

part

of

the

site.

Page

5

of

11

---

File

Names:

1250205071

—1

0282008-[Exp.

#].jpg

tires

(off

rims)

and

scrap

metal

(including

the

remains

of

a

55-

gallon

drum)

in

the

southern

part

of

the

site.

Date:

October

28,

2008

Time:

11:47

am

Direction:

South

Photo

by:

W

Zierath

Exposure

#:

012

Comments:

Two

abandonedcars

in

the

southern

part

of

the

site.

Neither

car

was

licensed,

had

usable

tires

or

windows.

Page

6

of

11

---

File

Names:

1250205071—1

0282008-[Exp.

#].jpg

wood

demolition

waste

(boards)

in

the

south

part

of

the

site.

It

was

not

clear

if

the

trailer

shown

in

this

photograph

was

usable.

Date:

October

28,

2008

Time:11:48

am

Direction:

West

Photo

by:

W

Zierath

Exposure

#:

014

Comments:

Wood

demolition

waste

(boards)

in

the

south

area

of

the

site.

Page

7

of

11

---

File

Names:

1250205071

—1

0282008-[Exp.

#J.jpg

demolition

waste

and

a

stack

of

railroad

ties

in

the

south

area

of

the

site.

Date:

October

28,

2008

Time:

11:48

am

Direction:

South

Photo

by:WZierath

Exposure

#:

016

Comments:

Wood

demolition

waste

(boards)

in

the

south

area

of

the

site.

Page

8

of

11

---

demolition

waste

(boards)

in

the

south

area

of

the

site.

It

was

not

clear

that

the

trailer

was

not

still

usable.

Date:

October

28,

2008

Time:

11:49am

Direction:

South

Photo

by:

WZierath

Exposure

#:

018

Comments:

Wood

demolition

waste,

a

piece

of

used

corrugated

metal,

an

old

door,

scrap

metal

in

the

south

area

of

the

site.

While

the

amount

of

woody

vegetation

aroundthe

cultivator

shown

in

this

photographindicates

that

it

hadn’t

been

movedfor

some

time,

but

it

was

unclear

that

it

had

been

discarded.

File

Names:

1250205071—10282008-[Exp.

#].jpg

Page

9

of

11

---

Comments:

Scrap

metal,

demolition

waste

(a

few

boards)

concrete

blocks

and

other

junk

(including

a

bathroom

sink)

on

the

east

side

of

the

site.

It

was

not

clear

if

the

trailer

shown

in

the

photograph

was

usable.

Date:

October

28,

2008

Time:

11:49

am

Direction:

North

Photo

by:

WZierath

Exposure

#:

020

Comments:

Scrap

metal

and

scrap

wood

stacked

along

the

west

side

of

the

south

building

atthe

site.

It’

•w

;,‘J.

File

Names:

1250205071—1

0282008-[Exp.

#J.jpg

Page

10

of

11

---

south

of

the

north

building.

The

yellow

endloader

appeared

to

be

operable

and

in

use

during

the

clean

up.

There

were

6

tires

(on

rims)

leaned

up

against

the

building.

Scattered

wastes

to

the

left

of

the

end

loader

are

shown

in

photograph

022.

Date:

October

28,

2008

Time:

11:50

am

Direction:

North

Photo

by:

WZierath

Exposure

#:

022

Comments:

Scrap

metal

and

other

junk

(including

and

old

plastic

tarp

and

an

old

truck

topper)

in

the

area

immediately

south

of

the

southwest

corner

of

the

north

building.

File

Names:

1250205071-1

0282008-[Exp.#].jpg

Page

11

of

11

---

AFFIDAVIT,

and

OPEN

DUMP

INSPECTION

CHECKLIST

To:

Theodore

and

Sally

Jackson

327

E.

Market

Havana,

IL

62644

andthe

original

and

nine

(9)

true

and

correct

copies

of

the

same

foregoing

instruments

on

the

same

date

by

Certified

Mail,

ReturnReceipt

Requested,

with

postage

thereon

fully

prepaid

To:

John

Therriault,

Clerk

Pollution

ControlBoard

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