ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST, P.O.
Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276
—
(
JAMES R.
THOMPSON
CENTER,
100 WEST RANDOLPH,
SUITE
11-300, CHICAGO,
IL 60601
-
(312
OFFICE
ROD R. BLAGOJEVICH,
GOVERNOR
DOUGLAS
P. Scon,
DIRECTOR
DEC
22
2008
STATE
OF
ILLINOIS
Pollution
Control
Board
December
18,
2008
l
(
John Therriault,
Clerk
1’
Illinois Pollution
Control
Board
James
R. Thompson
Center
100
West Randolph
Street,
Suite 11-500
Chicago,
Illinois
60601
Re:
Illinois Environmental
Protection
Agency
v.
William
and Patricia
Haiek
IEPA
File
No.
331-08-AC:
0370608008—DeKaib
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.
Miche
M.
Ryan
Assistant Counsel
Enclosures
ROCKFORD
—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,
CoIlinsviIIe,
IL 62234 —
(618) 346-5120
MARION —
2309 W. Main
St., Suite
116,
Marion,
IL
62959
— (618) 993-7200
PRINTED ON RECYCLED
PAPER
(217) 782-9817
TDD:
(217) 782-9143
IECEVED
CLERK’S
OFFICE
BEFORE
THE ILJJNOIS
POLLUTION CONTROL BOARD
OC
22
STATE
OF
ILLINOIS
ADMINISTRATIVE
CITATION
Pollution
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPAN0.
331-08-AC)
)
WILLIAM and PATRICIA HAJEK,
)
)
Respondents.
)
NOTICE
OF FILING
To:
William
& Patricia Hajek
11683
McAllister Road
Waterman,
IL 60556-7084
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.
ichel
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:
December 18, 2008
THIS
FILING
SUBMI1TED ON RECYCLED
PAPER
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
DEC
22
2008
ADMINISTRATIVE
CITATION
STATE
OF
ILLINOIS
PoHution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
)
AC
Q
%)
V.
)
)
(IEPA
No. 331-08-AC)
WILLIAM
and PATRICIA HAJEK,
)
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
William
and Patricia Hajek
are the current
owners
and operators
(“Respondents”)
of a facility
located at
1683 McAllister
Road, Waterman,
DeKaIb County,
Illinois.
The property
is commonly known
to
the
Illinois Environmental
Protection
Agency
as
Waterman/Hajek
Property.
2.
That said facility
is
an open
dump operating
without an Illinois
Environmental
Protection Agency
Operating
Permit
and is designated
with Site Code
No. 0370608008.
3.
That
Respondents have
owned
and operated
said facility
at all times pertinent
hereto.
4.
That on October
30, 2008,
Shaun Newell
of the Illinois Environmental
Protection
Agency’s
(“Illinois EPA”) Rockford
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
/2
-
-
, Illinois
EPA sent this
Administrative
Citation
via
Certified
Mail No.
‘7O67
3O3o
DOO 34’-f
â1
VIOLATIONS
Based upon direct
observations
made
by Shaun Newell
during
the
course of his October
30,
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)(l)
of the Act, 415
ILCS 5/21
(p)(1)
(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.
2
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
Attomey
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:
DougI
3
P.
Scott,
Director
&
Illinois
Environmental
Protection
Agency
Prepared
by:
Susan E.
Konzelmann,
Legal
Assistant
Division of
Legal Counsel
Illinois
Environmental
Protection
Agency
1021
North Grand
Avenue
East
P.O. Box
19276
Springfield,
Illinois 62794-9276
(217) 782-5544
4
ECEUVED
CLERK’S
OFFICE
REMITTANCE
FORM
DEC
22
2008
STATE
OF
IUJNOIS
PoUution
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
Qf
V.
)
(IEPA No. 331-08-AC)
WILLIAM
and
PATRICIA
HAJEK,
)
Respondents.
FACILITY:
Waterman/Hajek
Property
SITE CODE
NO.:
0370608008
COUNTY:
DekaIb
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
October
30, 2008
DATE REMITTED:
55/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
IN THE MATTER OF:
Hajek Property
)
)
)
Respondent
)
IEPA DOCKET NO.
)
)
Affiant, Shaun Newell, 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
Environmental Protection Agency and has been so employed at all times pertinent
hereto.
2.
On October 30, 2008 between 12:00 p.m. and 12:15 p.m., Affiant conducted
an
inspection of an open dump, located
in
DeKalb County, Illinois and known
as Haj ek
Property by
the
Illinois
Environmental Protection Agency. Said site has been
assigned site code number BOL #03 70608008 by the Agency.
3.
Affiant inspected said site
by
an on-site inspection, which included walking
and
photographing the site.
4.
As a result of the activities referred to in Paragraph 3 above, Affiant completed the
inspection Report form attached hereto and made a part hereof, which, to the best
of
Affiant’ s
knowledge
and belief, is an accurate representation of Affiant’
s
observations and factual conclusions with respect to said open dump.
Subscribed and Sworn t Before Me
this
dayof
,2008
Notary Public
“OFFCAL
SEAL”
TERESA
LABUNSKI
%
Notay
Public,
State
of
Illinois
My Commission
Expires
01/10/fl
DEC22
2003
ILLINOIS ENVIRONMENTAL
PROTECTION
AGEN
4
T
AFFIDAVIT
Shaun Newell,
EPS
Responsible
Party
Mailing
Address(es)
and
Phone
Number(s):
Revised
10/5/2005
LPC#:
Waterman/Hajek
Property
0370608008
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENW
22
2008
Open
Dump
InspectIon
ChecklIst
STATEOF
ILLINOIS
?oHutIon
Control
Board
County:
DeKaib
Region:
1
- Rockford
Location/Site
Name:
Date:
10/30/2008
Time:
From
12:00PM
To
12:15PM
Previous
Inspection
Date:
03/17/2008
—
Inspector(s):
Newell
Weather:
Sunny 50 degrees
No.
of
Photos
Taken:
#
9
Est.
Amt.
ofWaste:
150
yds
3
Samples
Taken:
Yes #
—
Interviewed:
Patricia
Hajek
Complaint#:
C-08-054R
Latitude:
41.72163
Collection
Point Description:
Site Entrance
-
(Example:
Lat.:
41 .26493
Collection
Method:
Map
Interpolation
-
Longitude:
-88.72161
Long.:
-89.38294)
William
& Patricia
Hajek
11683
McAllister
Road
Waterman,
IL
60556
815/786-9039
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION
ACT
REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN
OR ALLOW
AIR POLLUTION
IN
ILLINOIS
El
2.
9(c)
CAUSE
OR
ALLOW
OPEN
BURNING
El
3.
12(a)
CAUSE,
THREATEN
OR ALLOW
WATER
POLLUTION
IN ILLINOIS
El
4.
12(d)
CREATE
A WATER
POLLUTION
HAZARD
El
5.
21(a)
CAUSE
OR ALLOW
OPEN
DUMPING
CONDUCT
ANY
WASTE-STORAGE,
WASTE-TREATMENT,
OR WASTE-
DISPOSAL
6.
21(d)
OPERATION:
(1)
Without a Permit
(2)
In
Violation
of Any Regulations
or
Standards
Adopted
by the Board
DISPOSE,
TREAT, STORE,
OR
ABANDON
ANY WASTE,
OR
TRANSPORT
ANY
7.
21(e)
WASTE
INTO
THE STATE
ATITO
SITES
NOT
MEETING
REQUIREMENTS
OF
ACT
CAUSE
OR
ALLOW
THE
OPEN
DUMPING
OF
ANY
WASTE
IN A MANNER
WHICH RESULTS
8.
2
i(P)
IN
ANY
OF THE
FOLLOWING
OCCURRENCES
AT
THE
DUMP SITE:
(1)
Litter
(2)
Scavenging
El
(3)
Open
Burning
El
(4)
Deposition
of Waste
in Standing
or Flowing Waters
El
(5)
Proliferation
of
Disease
Vectors
El
(6)
Standing
or Flowing
Liquid
Discharge
from the
Dump
Site
El
(Open
Dump - 1)
LPC
#
0370608008-DeKaib
Inspection
Date:
10-30-08
Deposition
of
General
Construction
or
Demolition
Debris;
or Clean
Construction
or
(7)
Demolition
Debris
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
13.
809.302(a)
PERMIT
ANDIOR
MANIFEST
OTHER
REQUIREMENTS
APPARENT VIOLATION
OF:
(El)
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
III. Adm.
Code,
Subtitle G.
3.
Statutory
and
regulatory
references
herein
are provided
for
convenience
only
and
should
not be
construed
as
legal
conclusions
of the
Agency
or as limiting
the 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
10/5/2005
(Open
Dump
- 2)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open
Dump
Inspection
Checklist
County:
DeKaIb
LPC#:
0370608008
Region:
1 - Rockford
Location/Site
Name:
Waterman/Hajek
Property
Date:
10/30/2008
Time:
From
12:00PM
To 12:15PM
Previous
Inspection
Date:
03/17/2008
Inspector(s):
Newell
Weather:
Sunny
50
degrees
No.
of
Photos
Taken:
9
Est.
Amt. of Waste:
150
yds
3
Samples
Taken:
Yes
#
No
Interviewed:
Patricia
Hajek
Complaint
#: C-08-054R
Latitude:
41.72163
Longitude:
-88.72161
Collection
Point Description:
Site
Entrance
-
(Example:
Lat.: 41
.26493
Long.:
-89.38294)
Collection
Method:
Map
Interpolation
-
William
&
Patricia
Hajek
Responsible
Party
11683
McAllister
Road
Mailing
Address(es)
and
Phone
Number(s):
Waterman,
IL 60556
815/786-9039
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
7.
21(e)
WASTE INTO
THE
STATE
ATITO
SITES
NOT MEETING
REQUIREMENTS
OF
ACT
CAUSE
OR
ALLOW THE
OPEN DUMPING
OF
ANY WASTE
IN
A
MANNER
WHICH RESULTS
8.
21
(p)
IN ANY
OF THE
FOLLOWING
OCCURRENCES
AT THE
DUMP
SITE:
(1)
Litter
(2)
Scavenging
LI
(3)
Open
Burning
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
10/5/2005
(Open
Dump
-
1)
LPC #
0370608008-DeKaib
Inspection
Date:
10-30-08
Deposition of General Construction or Demolition Debris;
or
Clean Construction
or
(7)
Demolition Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause_or_Allow_Open_Dumping_of
Any_Used_or_Waste_Tire
(2)
Cause
or ANow
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.
812.1 01 (a)
OPERATE A LANDFILL
11.
722.111
HAZARDOUS
WASTE_DETERMINATION
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 ANDIOR MANIFEST
OTHER
REQUIREMENTS
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT
COURT
14.
CASE_NUMBER:
ORDER ENTERED
ON:
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 10/5/2005
(Open Dump - 2)
03
70608008-DeKaib
County
Waterman/Hajek
Property
FOS File
NARRATIVE
INSPECTION REPORT
On
October
30, 2008,
I (Shaun Newell)
reinspected
the above
referenced facility. The
purpose of the
inspection
was to determine
whether the respondent
had complied
with all applicable
solid waste violations
cited
during
the initial
inspection
conducted
on March 17, 2008. The
initial inspection was
resulting from
a
citizen
complaint
filed
with the Bureau of Land
in
Rockford,
Illinois. The complaint,
C-08-054R, alleges
that
the respondent,
William
&
Patricia
Hajek
of 11683 McAllister
Road (rural Waterman,
IL), is
operating
a
junk
yard and
accumulating
scrap metal
off-site. Apparently,
Mr. Hajek was storing thirteen
(13) 55-gallon
drums
of oil
(one
is leaking), numerous
5 gallon paint
containers, gasoline containers,
waste
tires and
numerous
vehicles.
The complainant has
apparently contacted
the DeKalb County
Planning & Zoning
Department
regarding
the junk vehicles.
I spoke briefly with
Rebecca Vondrasek
from the De Kalb County
Planning
& Zoning Department.
She acknowledged
receipt
of the same
complaint and
stated
that
there
are no
property
maintenance
codes
to address the solid waste
found
on site.
While
on
site on March 17, 2008,
the
following alleged
solid
waste violations
were
cited: Sections
12(a),
21(a), 21(d)(1),
21(d)(2),
21(e),
21(p)(1), 21(p)(’7),
55(a)(1) of the Act and
Sections
812.101(a) and
722.111
of 35 Illinois Adm.
Code;
Subtitle
G.
Various
types
of solid metal waste and
non-solid waste was observed
on
site.
Waste
tires
of various sizes,
on and off rim
were observed piled in tall
vegetation.
Waste
tires
contained
water accumulation.
Fifty-five
gallon drums of an unknown
black
liquid were found on site.
Some
of the
containers
were leaking
and were not sealed. There
were
no labels found on
the drums.
Numerous
5-
gallon pails
of paint were found scattered
on site. A
few spent batteries were
found
on the ground. On
April
2, 2008,
the JEPA
drafted an Open
Dump Administrative
Citation Warning Notice
(ACWN) that
was
received
by
Mr.
Hajek.
Since
April 2, 2008,
the Rockford Regional
Office has received
four written
responses
from Mr. Hajek
dated
August 27, 2008
(attached receipt
l4Olbs. of metal); July
14, 2008
(enclosed
testing
report from
TSC for
drums of liquid); June
25,
2008 (receipt
for tire
&
battery disposal through
Whittaker Salvage in Eariville,
IL); and a June
4, 2008
(overview
of plan to clean-up the
site). According
to Mr. Hajek, the 55-gallon
drums
were tested
by
TSC
of Carol Stream,
Illinois
and determined
to be asphalt sealant.
Mr. Hajek was asked
to
label the 55-gallon
drums since
he wanted to reuse the sealant
and store them
inside
a building.
The
site was
observed again on
August 26, 20008
and some
improvement
had occurred. Some
of the solid
waste was
removed from
the garage area. Waste tires
were found outside
the south end of the
barn. Mr. Hajek
was again
asked to remove the
waste tires
and recycle them. The
IEPA agreed
to
give Mr. Hajek two
additional
weeks
to comply.
No inspection was
conducted on this
date. A few photographs were
taken
of the
solid waste.
On October
30,
2008,
the site was
reinspected.
I spoke briefly with Mrs.
Hajek who
stated
that
this
matter
is
between the IEPA and
her
husband.
As I inspected
the
site,
I observed waste tires
(30)
near the south end
of
a
barn
and (20)
waste
tires
piled along the
north end of a barn.
I also
saw tires
stacked inside a barn
through the
open
doorway. I discovered
there were
an additional 200 plus
used/waste tires
inside the barn. Mr.
Hajek
states
that he intends to reuse
the tires on
vehicles
on site.
Solid waste
was found
piled
between
the three
barns
found on site. The tall
vegetation is dying
and
additional
solid
waste
is
now exposed. It is estimated
there is
approximately 150
Cu. yards
of
solid waste
on
site. All but four drums of
waste are now
removed
from
between two barns
and north of the
house.
03 70608008-DeKaib County
Watermanlflajek Property
FOS File
Mr. Hajek was
contacted on November
6,
2008
by
phone.
I
informed
him of the IEPA findings and
that solid
waste violations still exist on site. Mr. Hajek stated that it is an impossible
task to clean up the mess.
I
informed him that non-retail facilities that store more than 50
used/waste
tires
are
considered tire storage
site
and subject to an
annual fee of
$100
due
every January
30
tI
of each calendar year.
Several
photographs were taken
to
document
the solid waste present on
site:
Photograph
0370608008—103008-001
faces north showing
the
solid
waste on site. Photograph
0370608008’-403008-002
faces north showing the waste tires on site. Photograph
037060800&—403008-003
faces
east
showing the
waste tires on site. Photograph 0370608008-403008-004 faces north
showing the demolition
waste on site.
Photograph
0370608008—i 03008-005 faces south showing
the used/waste tires inside the
barn.
Photograph
0370608008-403008-006
faces
east
showing
the waste tires along the north side
of the barn. Photograph
0370608008-403008-007 faces south showing the solid waste on site. Photograph
0370608008-403008-008
faces north showing
solid
waste on site. Photograph 0370608008-403008-009
faces northeast showing
solid
waste on site.
Since
Mr. Hajek tested, removed and managed the liquid asphalt
sealant in accordance with
IEPA rules and
regulations, the following solid waste violations were considered
resolved: Section 12(a)
of the Act and
Section
722.111 of 35 IL Adm. Code; Subtitle
G.
All other cited
solid waste violations initially
observed
on
March 17, 2008 remain unresolved. A Continuing Violations letter will
be sent to the RP
to address the
unresolved violations as well as the two resolved violations.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
021
NORTH
GRAND
AVENUE EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOI5
62794-9276
—
C
217)
782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL
60601
— (31
2)
81
4-6026
Roo
R.
BLAGO)EVICH,
GOVERNOR
DOUGLAS
P.
SCOTT,
DIRECTOR
815/987-7760
FAX:
815/987-7005
November
26,
2008
William
& Patricia
Hajek
11683
McAllister
Road
Waterman,
IL
60556
Re:
0370608008
—
DeKaib
County
Waterman
/
Haj
ek
Property
Compliance
File
Dear
Mr.
Hajek:
On
October
30,
2008,
your
facility
was
inspected
by
Shaun
Newell
of
the
Illinois
Environmental
Protection
Agency.
The
purpose
of
this
inspection
was
to
determine
your
facility’s
compliance
with
the
Illinois
Environmental
Protection
Act
and
35
Illinois
Administrative
Code
Part
722
and
848
regulations.
At
the
time
of the
inspection,
apparent
violations
found
in
previous
inspection
conducted
on
March
17,
2008
were
again
observed.
Continuing
violations
observed
during
the
October
30,
2008
inspection
include
the
following:
Sections
21(a),
21(d)(1),
2
l(d)(2).
21(e),
21(p)(l),
21(p)(7),
and
55(a)(1) of
the
Illinois
Environmental
Protection
Act
and
Part
8
12.101(a)
of
the
Management
Standards.
Be
advised
that
the
October
30,
2008
inspection
determined
you
have
corrected
the
following
violations:
Section
12(a)
of
the
Illinois
Environmental
Protection
Act
and
Part
722.111 of
the
Management
Standards
by
analyzing,
removing
and
properly
managing
the
55-gallon
drums
of
asphalt
sealant.
For
your
information,
a copy
of
this
inspection
report
is
enclosed.
Please
contact Shaun
Newell
at 815/987-
7760
if
you
have
any
questions
regarding
this
inspection.
Sincerely,
David
S.
Retzlaff
Manager
—
Region
1
Field
Operations
Section
Bureau
of
Land
bcc:
Division
File
DSR:SN:tl
Rockford
Region
Enclosure
ROCKFORD — 43D2
North
Main
Street,
Rockford,
IL
61103
—(813)
987-7760
•
DEs
PLAINES
—
9511
IN.
Harrison St.,
Des
Plaines,
IL
60D1
6—
(847)
294-4000
ELGIN
— 595
South
State,
Elgin,
IL
60123—
(847)
608-3131
•
P50cM
—5415
N.
University
SE.,
Peoria,
IL
61614—
(309)
693-5463
BUREAU
OF
LAND
- PEORIA.-
7620
N.
University
St.,
Peoria,
IL
61614—1309)
693-3462
•
CHAMPAIGN
— 2125
South
First
Street,
Champaign,
IL
61820— (217)
278-5800
SPRINGFIELD —
4500
S.
Sixth
Street
Rd.,
Springfield,
IL
62706
— (217)
786-6892
•
COLLINSVILLE
—2009
MalI
Street,
CoUinsvi)Ie,
IL
62234
—(613)
346-5120
MARION
—
2309
W.
Main
St.,
Suite
116,
Marion,
IL
62939
—(618)
993-7200
0
,
0
4’
cc
VI)
LLi
‘C
4
(‘j
(ç-;
-i
S
cS
L)
;,.
LI
&
Q)
R
July
9,
2008
-
-
TESTING
SERVICE
CORPORATION
Corporate
Office:
360
S.
Main
Place,
Carol
Stream,
IL
60188-2404
Mr.
Bill
Hajak
630.462.2600
•
Fax
630.653.2988
11683
McAllister
Road
Waterman,
Illinois
60556
RE:
L
-71,781
Environmental
Services
11683
McAllister
Road
Waterman,
Illinois
60556
Dear
Mr.
Hajak:
Testing
Service
Corporation
(TSC)
has
completed
Environmental
Services
at
the
above
noted
property
herein
identified
as
the
‘Site.’
The
scope
of
service
for
this
work
was
outlined
in
our
proposal
PN
41,163,
dated
June
17,
2008.
Authorizationto
proceed
was
received
on
June
28,
2008.
TSC’s
General
Conditions
for
Environmental
Services,
included
with
our
proposal,
are
enclosed
as
part
of
this
report.
The
scope
of
work,
as
presented
in
our
proposal,
included
taking
samples
for
analytical
testing
from
steel
55-gallon
drums
located
at
the
Site.
The
purpose
of
this
work
was
to
establish
if
the
contents
of
the
drums
are
considered
to
be
hazardous
materials.
The
drums
were
sampled
by
a
TSC
Environmental
Professional
on
June
30,
2008
and
the
sample
was
submitted
to
First
Environmental
Laboratories
in
Naperville,
Illinois
the
same
day.
The
sample
was
analyzed
for
ignitability,
corrosivity
and
reactivity.
The
results
are
included
with
this
letter.
In
a
July
8,
2008
phone
conversation
with
Shaun
Newell
of
the
Illinois
Environmental
Protection
Agency’s
Rockford,
IL
office,
he
stated
that
you
should
supply
him
with
the
analytical
results
directly.
If
you
have
any
questions,
please
do
not
hesitate
to
call
me
at
(630)
784-4011.
Respectfully,
TESTING
SERVICE
CORPORATION
Alex
Johnson
Project
Manager
.
AJ:ds
.7
-
Enc:
Analytical
Reports
Chain-of-Custody
Record
--‘
.1
6
2flh
General
Conditions
NWRL3Li
LR?CTcJ,QtL
rJLL.,OfS
—
r,r
n
I
-
First
FvironmentaI
Laboratories,
Inc.
IL
ELAP
/
NELAC
Accreditation # 100292
1600
Shore
Road
Naperville,
Illinois
60563
• Phone
(630)
778-1200 • Fax
(630)
778-1233
July 08,
2008
Mr. Alex
Johnson
TESTING
SERVICE
CORP.
360
So. Main
Place
Carol Stream,
IL 60188
ProjectiD:
71781
First
Environmental File
ID:
8-2830
Date
Received:
June
30, 2008
Dear
Mr. Alex
Johnson:
The above referenced
project was analyzed
as
directed
on
the enclosed
chain
of
custody record.
All Quality
Control
criteria as
outlined in
the
methods and current
IL
ELAP/NELAP
have been met
unless
otherwise noted.
QAIQC
documentation
arid
raw
data will
remain
on
file for future
reference.
Our accreditation
number
is
100292
and our
current certificate is
number 002045:
effective
05/14/08
through
02/28/09.
I
thank
you
for the
opportunity
to be
of
service to
you
and
look
forward to working
with
you again in
the
future.
Should you have
any
questions
regarding
any of the enclosed
analytical data
or
need
additional
information,
please
contact me
at (630) 778-1200.
Stan
Zawor
Project Manr
HEcE
j-
0
JUL
16
2Qo
,,.
Page
1
of
LUj
First
1vironmentaI
Laboratories,
Inc.
IL
ELAP!
NELAC Accreditation
# 100292
160&
Shore Roads
Naperville,
Illinois
60563
a Phone (630) 778-1200
‘Fax (630)778-1233
TESUNG
SERVICE
CORP.
Project
ID:
71781
First
Environmental File ID:
8-2830
Date
Received:
June 30, 2008
Case Narrative
All quality
control
criteria,
as
outlined
in
the methods,
analytical
report.
Sample
Batch
Comments:
Sample
acceptance
criteria
were met.
have been
met except as noted below
or on the
following
<
Analyte
not detected at or above the reporting limit.
L+
LCS recovery
outside
control
limits; high
bias,
B
Analyte detected in associated method
blank.
L.
LCS
recovery
outside
control
limits; low bias.
C
Identification confirmed
by
GC/MS.
M
MS recovery outside
control
limits; LCS
acceptable.
D
Surrogates diluted out;
recovery not available.
M+
MS
recovery
outside
control limits high bias;
LCS acceptable.
E
Estimated
result;
concentration
exceeds
calibration range.
M-
MS recovery outside
control
limits
low bias;
LCS acceptable.
F
Field measurement.
N
Analyte
is not part of our NELAC accreditation.
ND
Analyte was
not
detected using a
library search routine; No
calibration standard was analyzed.
G
Surrogate recovery outsdecontroUimits;matrixeffecL
H
Analysis or
extraction holding time
exceeded,
Q
The analyte
was determined
by a
GC/MS
database
search.
J
Estimated result;
concentration is less than calib
range.
S
Analyte
was sub-contracted
to another laboratory
for analysis.
K
RPD outside control
limits.
I
Sample temperature
upon receipt
exceeded O-6’C
Routine Reporting Limit
(Lowest amount that can be
RL
I
detected when routine
weights/volumes
are
used without
dilution.)
w
Reporting limit
elevated
due to sample
matrix.
Page
2of3
First
Ervironmental
Laboratories,
Inc.
IL
ELAP
/
NELAC Accreditation #
100292
1600Shore
Road’
Naperville, Illinois
60563 Phone (630) 778-1200’ Fax
(630)
778-1233
Analytical Report
Client:
Date Collected:
06/30/07
Project
ID:
Time Collected:
12:30
Sample
ID:
Date Received:
06/30/08
Sample
No:
Date Reported:
07/08/08
TESTING SERVICE CORP.
71781
S-I
8-2 83 0-00 1
Analyte
Result•
RI.
Units
Flags
Flash
Point
- Closed Cup
Method: 1010
Analysis
Date:
07/07/08
Flash
Point
- Closed Cup
Flash
@
90
pH@25°C
Method:
4500H+,B
Analysis
Date: 06/30/08 15:50
pH
@
25°C
6.06
Units
Sulfide,
Reactive
Analysis
Date: 07/02/08
Sulfide,
Reactive
Method:
7.3.4.2.
<10
10
mg/L
Cyanide,
Reactive
Method:
7.3.3.2.
Analysis
Date: 07/02/08
• Cyanide,
Reactive
< 10
10
mg/L
Page
3of3
First
Enviromnental
Laboratories,
Inc.
First
Environmental
Laboratories
1600
Shore
Road,
Suite
D
Naperville,
Illinois
60563
Phone:
(630)
778-1200.
Fax:
(630)
778-1233
E-mail:
tlrstinfo@firstenvcom
IEPA
Certification
#100292
Notes
and
Special
Instructions:
Relinquished
By:
Relinquished
By:
Rev.
4/06
CHAiN
OF
CUSTODY
RECORD
Pagc±
of
p
Company
Name:
Street
Address:
,
2
z-i-
/
City:
2ra9
7
O71
State:
7L
Zip:
Phone:
32
3ax:
‘o
653
e-mail:
Send
Report
To:
‘
2
p(
/
Via:
Fax
J
e-mail
f..
Sampled
By:
/t4J
FOR
LAB
USE
ONLY:
Cooler
Temperature:
0.1-6CC
Yes
No._
Received
within
6
hrs
of
collection:_______
Ice
Present:
Yes_
No_
Sample
Retrigerated:
Yes_
No_
Ref
rigerator
Temperature:
5035
Vials
Frozen:
Yes
No
Freezer
Temperature:
C
‘I
Containers
Received
Preserved:
Li
Yes
Li
No
Datef1me&Y’8
/Y&7
Received
By:
I
Date/Time
DatelTime.
Date/lime
Received
By:
TESTING SERVICE CORPORATION
GENERAL
CONDITIONS
ENVIRONMENTAL
SERVICES
1.
PARTIES
AND
SCOPE
OF
WORK:
This
Agreement”
Consists
of
Testing
Service
Corporation’s
(“TSC”)
-
proposal.
TSC’s
Schedule
of
Fees
and
Services,
client’s
written
acceptance
thereof,
if
accepted
by TSC,
and
these
General
Conditions.
The
terms
contained
in
these
General
Conditions
are
intended
to
prevail
over any
conflicting
terms
in
this Agreement.
“Client”
refers
to
the person
or
entity
ordering
the
work
to be
done
or
professional
services
to
be
rendered
by
TSC
(except
where
distnction
is necessary,
either
work
or
professional
services
are
referred
to
as
“services”
herein).
If
Client
is
ordering
the
services
on
behalf
of
another,
Client
represents
and
warrants
that
Client
is
the duly
authorized
agent
of
said party
for
the
purpose
of
ordering
and
directing
said services,
and
in
such
case
the
term
“Client”
shall also
include
the
principal
for
whom
the
services’are
being
performed.
Prices
quoted
and
charged
by TSC
for
its
services
are
predicated
on
the
conditions
and the
allocations
of
risks
and
obligations expressed
in
these
General
Conditions.
Unless
otherwise
stated
in
writing,
Client
assumes
sole
responsibility for
determining
whether
the quantity
and
the
nature
of
the
services
ordered
by Client
are
adequate
and sufficient
for
client’s
intended
purpose.
Client
shall
communicate
these
General
Conditions
to
each
and
every
third
party
to
whom
the
Client transmits
any
report
prepared
byTSC.
Unless
otherwise
expressly
assumed
in
writing,
TSC shall
have
no
duty to
any
third
party,
and in
no
event
shall
TSC
have
any
duty
or
obligation
other
than
those
duties
and obligations
expressly
set
forth
in this
Agreement.
Ordering
services
from
TSC
shall
constitute
acceptance
of
TSC’s
proposal
and
these General
Conditions.
2.
HAZARDOUS
SUBSTANCES:
TSC’s
professional
services
shall
include
limited
visual
observation,
laboratory
analyses
or
physical
testing
for
the
purpose
of detection,
quantification
or
identification
of
the
extent,
if
any, of
the
presence
of
hazardous
substances,
materials
or
waste,
petroleum
products,
asbestos-containing
materials
or lead
based
paint
as
specifically
set
forth
in TSC’s
proposal,
Hazardous
materials,
substances
or
waste
(all
cumulatively
referred
to
herein
as
“hazardous
substances”)
include
those
defined
as
such
in
the
Comprehensive
Environmental
Response,
Compensation
and Liability
Act
of
1980,
as
amended,
42
U.S.C.
§
9601 et
seq.,
(“CERCLA”),
the Resource
Conservation
Recovery
Act,
42
U.S.C.
§6901
ef
seq
, as
amended,
(“RCRA”)
or
by
a
state
or
Federal
Environmental
Protection
Agency
(“EPA”),
including
but
not
limited
to
§
3.14
-
3.15
of
the
Illinois
Environmental
Protection
Act,
415
ILCS
5/3.14
and
3.15
(West,
1994).
“Contaminants”
as used
herein
shall
refer
to hazardous
substances,
asbestos-
containing
materials,
petfoleum
products,
lead
based
paint
and
the like,
“Polluted”
as
used
herein
shall
mean
containing
contaminants.’
Uless
specifically
set
forth
inTSC’s
proposal,
nothin
contained
in this
agreement
shall,
however
be
construed
or interpreted
as
requiring
TSC
to assume
the
status
of
a
generator,
transporter,
treater,
storer,
as
those
terms
appear
within
RCRA
or
within
any
Federal
or state
statute
or
regulation.
Client
assumes
full responsibility of
compliance
with
CERCLA,
RCRA
and any
other
Federal
or state
statute
or
regulation
governing
the generation,
handling,
storage,
transportation, treatment
and disposal
of
contaminants
or
other
refuse.
3.
SCHEDULING OF SR
VICES:
The
services
set
forth
in
this
Agreement
will
be
accomplished in
a
timely and
workmanlike manner,
If TSC
is
required
to delay
any
part
of its
services
to
accommodate
the
requests
or
requirements of Client,
regulatory
agencies,
or
third
parties,
or
due
to any
cause
beyond
its reasonable
control,
Client
agrees
to pay
such
additional
charges,
if
any,
as may
be
applicable.
4, ACCESS
TO
SITE:
Client
will
arrange
and
provide
access
to each
site upon
which
it will
be necessarj
for
TSC
to
perform
ifs services
pursuant
to
this
agreement.
In the
event
services
are
required
on
any site
not
owned
by
Client,
Client
represents
and
warrants
to TSC
that
Client
has
obtained
all necessary permissions
for TSC
to
enter
upon
the
site
and
conduct
its
services,
Client
shall,
upon
request,
provide
TSC
with
evidence
of
such
permission, as
well
as
acceptance
of
the other
terms
and
conditions
set
forth
herein
by
the
owner(s)
and
tenant(s),
if applicable,
of
such
site(s)
in form
acceptable
to TSC.
Client
acknowledges
that
t
is not
TSC’s
responsibility to
notify
any
such
property
owner
or
tenant
of the
discovery
of actual
or
suspected
contaminants.
Client further
recognizes that
knowledge
of such
suspected
or
actual
condition
may
result
in
a
reduction
in
a property’s
value
and
may
provide
incentive
to
owners
of properties
affected
to
initiate
legal
action
against
Client
and/or
others.
Any
work
performed
byTSC
with
respect
to obtaining
permission
to enter
upon
and
perform
professional
services
on
the
lands
of
others
as
well
as
any
work
performed
by
TSC
pursuant
to this
agreement,
shall
be
deemed
as
being
done
on
behalf
of Client,
and
Client
agrees
to
assume
all
risks
thereof.
TSC
shall
take reasonable
measures
and
precautions
to
minimize
damage
to
each site
and
any
improvements
thereon
resulting
from its
work
and
the
use
of its
equipment;
however,
TSC
has
not
included
in its
fee
the
cost
of restoration
of
damage
that
may
occur.
If Client
or the
possessor
of any
interest
in
any
site
desires
or
requires
TSC
to restore
the
site
to its
former
condition,
upon
written
rbquest
from’Ciient,
TSC
will
perform
such
additional
work
as
is
necessary
to
do
so,
and Client
agrees
to
pay
ISO
the
costs
theeot
piu,,
TSC’s
normal
mark up
for overhead
and
profit.
5.
CLIENT’S
DUTY
TO
NOTIFY
TSC:
Client
represents
and
warrants
that
Client
has
advised
TSC
of
any
known
or
suspected
contaminants,
utility
lines
and
underground
structures
at any
site
at
which
TSC
is
to
perform
services
under
this
agreement.
Client
agrees
to
defend,
indemnify
and
save
TSC
harmless
from
all
claims,
suits,
losses,
costs
and
expnès,
including
reasonable
attorneys’
fees as
a
result
of
personal
injury,
deatfl
or
property
damage
occurring
with
respect
to
TSC’s
performance
of its
services
and
resulting
to
or
caused
by
contact
with
sub-surface
or
latent
objects,
structures,
lines
or conduits
where
the
actual
or potential
presence
and
location
thereof
was
not
revealed
to TSC
by Client.
In
the
event
that
TSC’s
undertaking
includes
contacting
a public
utility
locating
agency,
its responsibility
shall
not
extend
to
warranty
the
accuracy
of the
information
so
obtained.
6.
DISCOVERY
OF
UNANTICIPATED CONTAMINANTS:
The
discoverj
of
certain
contaminants may
make
it
necessary
for TSC
to take
immediate measures
to
protect
health
and
safety.
TSC
agrees
to notify
Client
as
soon
as practically
possible
should
such
contaminants
be
suspected
or discovered.
Client
agrees
to
reimburse
TSC
for
the
reasonable
cost of
implementing
such
measures
under the
circumstances.
7.
LIMITATIONS
OF
PROCEDURES, EQUIPMENT
AND
TESTS:
lntorrnation
obtained
from
borings,
observations,
and
analyses
of
sample
materials
shall
be reported
in
formats
considered
appropriate
by
TSC
unless
directed
otherwise
by
Client.
Such
information
is considered
evidence
with
respect
to
the
detection,
quantification
and
identification
of contaminants, but
any
inference
or
conclusion
based
thereon
is, necessarily,
an opinion
also
based
on
professional
judgment
and
shall
not
be
construed
as
a representation
of
fact.
Subsurface
conditions
may
not
be
uniform
throughout
an
entire
site.
The
presence
and
extent
of contaminants as
well as
the
levels
of groundwater may fluctuate
within
the
site due
to climatic
and
other
variations
and, unless
thorough
sampling
and
testing
are
conducted
over
an
extended
period
of
time, contaminants
contained
within
the
site
may escape
detection.
A
site at
which
contaminants
are
not found
to exist,
or
at
the time
of inspection
do
not,
in
fact, exist,
may
later,
due
to
intervening
causes,
such
as
natural
groundwater flows or
human
activities,
become
polluted.
There
is
a risk
that
sampling
techniques
may
themselves
result
in
pollution
of
certain
sub-surface
areas
such
as
when
a
probe
or boring
device
moves
through
an
area
containing
contaminants
linking
it
to
an
aquifer,
underground
stream
or
other
hydrous
body
not
previously
polluted.
Because
the
risks
set
forth
in this
paragraph are unavoidable
and
because
the
sampling
techniques
to
be employed are
a
necessary
aspect
of TSC’s
work
on
client’s
behalf,
Client
agrees
to
assume
these
risks.
8.
SOIL
AND
SAMPLE
DISPOSAL:
Unless
otherwise
agreed
in writing,
soils
known
at the
time
to
be
polluted
will
be left
on
the
site
for
proper
disposal
by
Client;
and
samples
removed
by
TSC
to its
laboratory,
upon
completion
of testing,
will
be disposed
by
TSC
in
an
approved
manner
or
returned
to the
site
for
disposal
by
others,
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RECEIVE
June
17, 2008
TESTING
SERVICE
CORPORATION
llaii, OJjice:
360
S.
Main
Place, Carol
Stream,
IL 60188-2492
Mr
Bill
Hajak
630653.3920
•
Fax
630.653.2988
11683
McAllister
Road
Waterman,
Illinois
60556
RE;
P.
N.
41,163
Environmental
Services
11683
McAllister
Road
Waterman,
Illinois
Dear
Mr.
Hajak:
Testing
Service
Corporation
(TSC)
is pleased
to present
a
proposal
to
perform
environmental
services
at the
above
referenced
property.
The
purpose
of the work
is
to
collect
and
analyze
a
sample
of
asphalt
sealer.
SUBSURFACE
EXPLORATION
The
scope
of
the
services
will include
collection
of
a composite
sample
from
drums
containing
asphalt
sealer.
The
sample
will
be properly
preserved
and
submitted
for laboratory
analysis
following
standard
chain-of-custody
procedures.
The
sample
will
be
analyzed
for
ignitibility,
corrosivity,
and
reactivity.
The
analytical
report
will
be
provided.
COST
ESTIMATE
&
PROJECT
SCHEDULE
Our
fee for
performing
the
outlined
scope
of service
is presented
on
Attachment
A.
The
invoice
will
be
itemized
using
the
unit
rates
outlined
on Attachment B
and
based
on the
work performed.
The
performance
of this
work is
subject
to
our General
Conditions for Environmental
Services
(attached).
We
anticipate
completion
of the
project
within
two
weeks
following
authorization
to
proceed.
During
the
course
of
performing
this
study,
if conditions
become
apparent
which
suggest
further
inquiry
is
warranted,
we
will contact
you
verbally
to discuss
the
concerns.
CLOSURE
—
._,,
.
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,—..:_....__.___L_lfl__.
ar%_..
.
. -
BiW
Hajak
P.N.
41,163-
June
17,
2008
CLOSURE
To
acknowledge
acceptance
of
this
proposal
and
provide
authorization
to
proceed,
please
sign
one
copy
of
this
proposal
and
return
it
along
with
the
Project
Data
Sheet
to
our
Carol
Stream
office.
We
appreciate
the
opportunity
to
submit
this
proposal
and
look
forward
to
assisting
you
with
this
project.
Respectfully,
TESTING
SERVICE
CORPORATION
Stephen
Heuer
Section
Manager
S
H:
kw
Enc.
Attachment
A
Attachment
B
General
Conditions
Project
Data
Sheet
Approved
and
accepted
for
by:
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(DATE)
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AUTO
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651 W.
WASHINGTON
630-231-6888
WEST
CHICAGO,
IL.
60185
FAX 630-231-8859
wwwtheautocrushercom
DATE-..,
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PHONE
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TAX
All
claims
and
returned
goods
MUST
be accompanied
by
this bill.
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10/30/2008
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Code:
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County:
A
iN
R
N
N
DIRECTION:
North
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-103008-001
COMMENTS:Facing
N
showing
the
solid
waste
on
site.
DATE:
October
30,
2008
TIME:.
12:03
P.M.
DIRECTION:
North
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-103008-002
COMMENTS:Facing
N
showing
the
waste
tires
on
site.
DIRECTION:
East
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-403008-003
COMMENTS:
Facing
E
showing
the
waste
tires
on
site.
DATE:
October
30,
2008
TIME:.
12:07
P.M.
DIRECTION:
North
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-403008-004
COMMENTS:Facing
N
showing
the
demo
waste
on
site.
DIRECTION:
South
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-403008-005
COMMENTS:
Facing
S
showing
the
used/waste
tires
insidethe
barn.
DATE:
October
30,
2008
TIME:.
12:10P.M.
DIRECTION:
East
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-403008-006
COMMENTS:Facing
E
showing
the
waste
tires
along
the
north
side
of
the
barn.
L.
IJ
1
‘-
DIRECTION:
South
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-403008-007
COMMENTS:Facing
S
showing
the
solid
waste
on
site.
DATE:
October
30,
2008
TIME:.
12:13
P.M.
DIRECTION:
North
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-403008-008
COMMENTS:
Facing
N
showing
the
solid
waste
on
site.
DIRECTION:
Northeast
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-403008-009
COMMENTS:
Facing
NE
showing
the
solid
waste
on
site.
z
AFFIDAVIT,
and
OPENDUMPINSPECTION
CHECKLIST
To:
William
&
Patricia
Hajek
11683
McAllister
Road
Waterman,
IL
60556-7084
and
theoriginal
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
Miche
le
M.
Ry
Assistant
Counsel
Illinois
EnvironmentalProtection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois62794-9276
V
(217)
782-5544
THIS
FIIJNG
SU13Mfl1’ED
ON
RECYCLED
PAPER
