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 - (3
814-6026
ROD R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS P. ScOH,
FEB
022009
(2
17)
782-9817
SlATE
OF
ILLINO,
TDD: (217) 782-9143
OIIU
Controi
Bo$d
January29, 2009
q?)
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. David Swearingen
IEPA File No.4-09-AC: 0298065002—Coles
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.
ncerely,
Assistant Counsel
Enclosures
ROCEFORD
— 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
VE
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
IF’CE
FEB
02
2339
ADMINISTRATIVE
CITATION
?ojjutj
STATE
°FILLINOIt
Control
Boa
7d
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
)
v.
)
(JEPA
No.
4-09-AC)
)
DAVID
SWEARINGEN,
)
)
Respondent.
)
NOTICE
OF FILING
To:
David
Swearingen
408 North
Missouri
Street
P.O.
Box
21
Toledo,
IL
62468
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.
R
spectfully
submitted,
ic
elle
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:
January
29, 2009
THIS
FILING SUBMITTED
ON RECYCLED
PAPER
ECEVED
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
0
ADMINISTRATIVE
CITATION
FEB
022009
STATE
OF
ILLINOIS
PoUuton
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No. 4-09-AC)
)
DAVID
SWEARINGEN,
)
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 David
Swearingen
is the current
owner and operator
(“Respondent”)
ofa facility
located in the
northeast corner
of the intersection
of 200 E
CR
and Illinois
Route
16, on
a
rural,
five
acre
lot, Mattoon Township
in the
City
of Mattoon, Coles County,
Illinois.
The
property
is commonly
known to
the Illinois En’vironmental
Protection
Agency
as
Mattoon/Swearingen,
David.
2.
That
said
facility
is an open dump
operating
without
an Illinois
Environmental
Protection
Agency Operating
Permit and
is
designated
with Site
Code
No. 0298065002.
3.
That
Respondent
has owned
and operated said
facility at all
times
pertinent
hereto.
4.
That
on December
11,
2008, Jennifer O’Hearn
of the
Illinois
Environmental
Protection Agency’s
(“Illinois
EPA”) Champaign
Regional
Office
inspected
the
above-described
facility.
A copy of her
inspection
report setting
forth
the results
of said
inspection
is attached
hereto
and
made a
part
hereof.
5.
That
on
Illinois
EPA sent this
Administrative
Citation
via
Certified
Mail
No.
‘7oo7
3oô
opOj_
3-
VIOLATIONS
Based
upon
direct
observations
made
by Jennifer
O’Hearn
during
the
course
of her
December
11,
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
isuIting
in
litter, a
violation
of Section
21(p)(1) of
the
Act, 415
ILCS 5121(p)(1)
(2006).
(2)
That
Respondent
caused
or allowed
the open
dumping
of waste
in
a manner
resulting
in Deposition
of
General
Construction
or
Demolition
Debris:
or
Clean
Construction
or
Demolition
Debris a violation
of
Section 21
(p)(7) of the
Act,
415
ILCS
5121(p)(7)
(2006).
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, fora
total of Three
Thousand
Dollars
($3,000.00).
IfRespondentelects
not
to
petition
the
Illinois
Pollution
Control
Board, the
statutory
civil penalty
specified
above
shall
be
due
and
payable
no
later
than
March 2,
2009,
unless
otherwise
provided by
order
of the
Illinois
Pollution
Control
Board.
2
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
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,
Respondent
shall
complete
and
return the
enclosed
Remittance
Form
to ensure
proper documentation
of payment.
If any
civil penalty
and/or
hearing
costs
are
not
paid within
the time prescribed
by
order
of
the
Illinois Pollution
Control
Board, interest
on
said
penalty
and/or
hearing
costs
shall be
assessed
against
the
Respondent
from
the date
payment
is due
up
to
and including
the date that
payment
is
received.
The Office
of the Illinois
Attorney
General
may be
requested
to
initiate
proceedings
against
Respondent
in
Circuit Court
to collect
said penalty
and/or
hearing
costs,
plus any
interest
accrued.
3
PROCEDURE
FOR CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent
has
the
right to
contest this
Administrative
Citation
pursuant
to and in
accordance
with
Section 31.1
of the
Act,
415 ILCS
5/31/1 (2006).
IfRespondentelects
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.
1
P
Date:
?Z9)Oq
Douglas
.
Scott,
Director
J
(—
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
RECEVED
CLERK’S
OFFICE
FEB
022009
REMITTANCE
FORM
STATE
OF
ILLINOIS
O!Iution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No. 4-09-AC)
DAVID
SWEARINGEN,
)
Respondent.
FACILITY:
Mattoon/Swearingen
SITE
CODE
NO.:
0298065002
COUNTY:
Coles
CIVIL PENALTY:
$3,000.00
DATE
OF INSPECTION:
December
11, 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
FEB
022009
AFFIDAVIT
COfltoi
Board
IN THE
MATTER OF:
)
ILLINOIS ENVIRONMENTAL
)
K
PROTECTION
AGENCY,
)
Complainant,
)
)
IEPA
DOCKET NO.
)
David Swearingen
)
Respondent,
)
Affiant, Jennifer
O’Hearn, being first duly sworn,
voluntarily
deposes and states as follows:
1.
Affiant is a field
inspector employed by the Land Pollution Control Division of
the
Illinois
Environmental Protection Agency and has been so employed at all times pertinent
hereto.
2. On
December 11, 2008, between 2:21 P.M. and 2:50 P.M., Affiant conducted
an
inspection of the site in
Coles County, Illinois, known as the David
Swearingen,
Illinois
Environmental Protection
Agency Site
No.
0298065002.
3.
Affiant inspected
said David Swearingen site
by
an on-site inspection,
which included
walking
the site.
4. As
a result of the activities refeiTed to in Paragraph 3 above, Affiant completed
the
Inspection Report form attached hereto and made a part hereof, which,
to the best ofAffiants
knowledge and belief, is an accurate representation of Affiant’s
observations and
factual
conclusions
with respect to
the David
Swearingen
site, a five acre lot
located in the northeast
corner of the intersection of
200
East County Road and
Illinois Route 16, in
Mattoon
Township,
about a mile southwest of Mattoon,
Illinois site.
/-4i&)
Subscribed and Sworn to before me
ci
Jediiifer
O’Hearn
this
day of
2009
NOTARYPUBUCSTATEOFuINOls
Notary Public
LSSIONEXPIREO9/16/1J
County:
COLES
LPC#:
Location/Site
Name:
Mattoon/Swearingen,
David
Date:
12/11/2008
Time: From
2:21PM
Inspector(s):
Jennifer O’Hearn
Interviewed:
Latitude:
39.47129
(Example:
Lat.: 41
.26493
Responsible
Party
Mailing
Address(es)
and Phone
Number(s):
0298065002
To 2:50PM
Previous Inspection
Date:
04/29/2008
Weather:
Partly Cloudy,
40 degrees, 5mph wind
out of
northwest
yds
3
Samples
Taken: Yes
#
No
1J
(-30)
Complaint
#:
Collection
Point Description:
Site Entrance
- +/-33.9ft.
Collection Method:
GPS - Garmin
O1VD
ILLINOIS
ENVIRONMENTAL
PROTECTION
A?OPICE
Open
Dump
Inspection
Checklist
FEB
022009
STATE
OF
LLNOIS
Rfln
No. of
Photos
Taken:
#
11
Est. Amt.
of Waste:
700
Longitude:
-88.43405
Long.:
89.38294)
David Swearingen,
property owner
Duane
Swearingen, manager
of
P.O. Box
21
Swearingen
Bros., 2820
Lake Land
Toledo, IL
62468
BIvd,
Mattoon, IL
61938
21
7/849-2041
21 7/234-3530;
21 7/254-9935
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
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
#
0298065002
Inspection
Date:
12/11/2008
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
LI
(2)
Cause
or Allow
Open
Burning of
Any
Used or
Waste
Tire
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
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
ANDIOR
MANIFEST
OTHER
REQUIREMENTS
14.
APPARENT
CASE
NUMBER:
VIOLATION
OF:
(LI)
PCB;ORDER
(LI)
CIRCUIT
ENTERED
COURT
ON:
LI
15.
OTHER:
LI
Failure
to submit
an application
to the
Agency for
a
permit
to
develop
a
16.
807.201
new_solid_waste_management_site.
17.
807.202
LI
Failure
to submit
an
application
to
the Agency
for
a
permit
to
operate
a
(a)
new_solid_waste_management_site.
LI
LI
Informational
Notes
1.
[Illinois]
Environmental
Protection
Act: 415
ILCS 5/4.
2.
Illinois
Pollution
Control
Board:
35
III. Adm. Code,
Subtitle G.
3.
Statutory
and
regulatory
references
herein are
provided for
convenience
only and
should
not
be
construed
as legal
conclusions
of the
Agency
or
as limiting the
Agency’s
statutory or
regulatory powers.
Requirements
of some
statutes
and regulations
cited
are
in
summary
format. Full
text of
requirements
can
be
found
in
references
listed in 1.
and 2.
above.
4.
The
provisions
of subsection
(p) of Section
21 of the
[Illinois]
Environmental
Protection
Act shall
be
enforceable
either
by administrative
citation
under
Section
31.1 of
the Act or
by
complaint
under Section
31
of the Act.
5.
This
inspection was
conducted
in accordance
with Sections
4(c) and
4(d) of the
[Illinois]
Environmental
Protection
Act:
415
ILCS
5/4(c)
and
(d).
6.
Items marked
with an
“NE”
were
not evaluated
at the time
of
this inspection.
Revised 10/5/2005
(Open
Dump
- 2)
Illinois
Environmental
Protection
Agency
Bureau
of Land•
Field Operations
Section.Champaign
LPC#0298065002—Coles
County
Mattoon/Swearingen,
David
FOS File
Inspector:
Jennifer
O’Hearn
December
11, 2008
Inspection
OPEN DUMP
REINSPECTION
Site History:
The
original
inspection
of the
site was
conducted
on April 29,
2008.
The site
exhibited
evidence
of open
dumping. The
ACWN’s
were
sent on June
3, 2008.
General
Comments:
On December
11, 2008
at
2:21
P.M., Jennifer
O’Hearn conducted
an inspection
at the site
which
is located
about a mile
and
a half west
of
Mattoon,
Illinois, in the northeast
corner
of the intersection
of 200
E CR and Illinois
Route 16, on a rural,
five acre
lot which was
previously
railroad
right-of-wa
1
in Mattoon
TWP,
County
of Coles,
State
of Illinois,
TWP
12N,
RNG
7W of
the
3r
Principal
Meridian, Coles
County, Illinois:
Section 21:
part of the
NW1/4. The
purpose of
this inspection was
to determine
regulatory
status and
evaluate
compliance with
the Environmental
Protection
Act (Act)
and Title 35 Illinois
Administrative
Code, Subtitle
G: Land Pollution
(Regulations).
According
to
the
Coles County
Tax
Assessor’s
Office in
Charleston,
Illinois
the taxes
were paid
by
David
Swearingen,
P.O. Box
21,
Toledo,
Illinois,
62468 for
a 5.57 acre
parcel
with the
parcel
# of
07-1-00785-000.
The inspection
consisted
of walking
around
the
site and taking
pictures.
The
weather
was partly cloudy
and the temperature
40
degrees, with
a
5-10
mph
wind out of the
northwest.
I parked my
vehicle
on the
west
end of
the property,
about thirty yards east
of the site
entrance
off of 200
E
CR and walked
east about thirty-five
yards. I
viewed
an apparent
new
pile of dimensional
lumber mixed
in with landscape
waste. (photo 1)
I walked to the
northeast
about fifteen
yards and saw
painted
and
unpainted concrete
and brick. (photo
2)
I
walked a half dozen
yards
to
the northeast and
saw painted concrete
block, concrete
and
brick. (photo 3)
I walked to the northeast
several
yards and
saw
painted concrete and
a
strip of metal about
a
foot
by a
half inch in
size. (photo 4)1 walked
to the southeast
several yards and
saw more painted
concrete. (photo
5) I walked
to
the
northeast about
five yards and saw
more painted
concrete, unpainted
concrete and
brick. (photo
6)
I
walked to the
southwest
about
a dozen
yards and saw concrete
with protruding rebar
and
brick.
(photo
7) I walked
to the southwest
thirty-five yards
and
saw a metal cylinder
and
other
metal. (photo
8) I stepped a couple
yards to the
south
and saw landscape
waste piles
and metal underneath
the front of
one of the piles,
apparent
new
waste
not
observed in
LPC#0298065002
—Coles County
Mattoon/Swearingen,
David
December 11,
2008 Inspection
the previous
inspection.
(photo 9)
I walked to
the northwest
about
five
yards and
saw two
more piles
of
landscape
waste, one
with
a
piece
of metal
piping, apparent
new
waste
not
observed
in the
previous inspection.
(photo
10) I walked
to the southwest
about fifteen
yards
and
saw
concrete,
brick,
and metal
protruding
from the soil.
I
also saw a
mounded
up area
with
concrete
just
visible
beneath the
weeds. (photo
11)
I
noted that the
old
guardhouse
with
shingles
inside
seen in the
first inspection
was
no
longer at
the site, as
well
as a
pile of metal
and a pile
of painted
concrete
with plastic
sheeting.
It also
appeared
that some metal
and
dimensional
lumber
in other
areas seen
on the
first
inspection
were not
observed
during
this inspection.
I left
the site at
2:50
P.M.
Apparent
violations
observed
during this
inspection:
Environmental
Protection
Act. 415
ILCS 5/1
et. seq. (formerly
Ill. Rev.
Stat. Ch.
111
1/2, 1001
et.
seq.)
{hereinafter
called
the “Act”}
Upon
reinspection
of the
site
on December
11,
2008,
outstanding
violations
included:
#1
Pursuant to
Section
2 1(a) of
the Act, no
person shall
cause or
allow
the
open
dumping
of any waste.
A violation
of Section
21(a)
is
alleged for
the following
reason:
evidence
of open
dumping
of waste
was
observed
during
the
inspection.
#2
Pursuant to
Section
21(d)(1)
of the Act,
no person
shall conduct
any waste
storage,
waste-treatment,
or waste-disposal
operation
without
a
permit
A violation
of
Section 21 (d)(
1) is alleged
for the
following
reason: evidence
of
the
operation
of
a
waste-storage,
waste-treatment,
or waste-disposal
operation
without
a permit
was
observed
during
the
inspection.
#3
Pursuant
to
Section 21
(d)(2)
of the
Act, no
person shall
conduct any
waste-
storage,
waste-treatment,
or waste-disposal
operation
in
violation of
any
regulations
or
standards
adopted
by
the Pollution
Control
Board.
A violation
of Section
21
(d)(2)
is
alleged
for the following
reason:
evidence
of
the
operation
of a waste-storage,
waste-treatment,
or
waste-disposal
operation
in
violation
of regulations
adopted
by
the
Board
was
observed
during the
inspection.
#4
Pursuant
to
Section 2
1(e) of the
Act, no person
shall dispose,
treat, store
or
abandon
any
waste
or transport
any waste
into this State
for
disposal,
treatment,
storage,
or
abandonment,
except
at
a site or
facility which
meets
the
requirements
of this
Act and
of regulations
and
standards
thereunder.
2
LPC’#0298065002
—Co/es County
lvi
attoon/Swearingen,
David
December
II,
2008 Inspection
A violation
of Section
21(e)
is
alleged
for the
following
reason:
waste
was
stored
and/or
disposed
of
at
this
site
which
does
not
meet
the
requirements
of
the
Act
and of
regulations
and standards
thereunder.
#5
Pursuant
to Section
2l(p)(l)
of
the
Act,
no one
shall
cause or
allow
the
open
dumping
of any
waste
in a manner
which
results
in
litter.
A
violation
of Section
21(p)(l)
is
alleged
for the
following
reason:
waste
was
open
dumped
at
this
site
resulting
in
litter.
#6
Pursuant
to
Section
21(p)(7)
of the
Act,
no one
shall cause
or allow
the
open
dumping
of
any
waste
in
a manner
which
results
in
deposition
of
general
construction
or demolition
debris.
A violation
of
Section
21
(p)(
7
)
is
alleged
for the
following
reason:
waste
was
open
dumped
at
this site
resulting
in
deposition
of
general
construction
and
demolition
debris.
35
Illinois
Administrative
Code.
(Title
35:
Environmental
Protection,
Subtitle
G:
Land
Pollution,
Chapter
I: Pollution
Control
Board)
[Regulations]
#7
Pursuant
to
Section
812.101(a)
of
the Regulations,
All persons,
except
those
specifically
exempted
by Section
2
1(d)
of
the
Act,
shall
submit
to
the Agency
an
application
for
a permit
to
develop
and operate
a
landfill.
A violation
of
Section
812.101(a)
is alleged
for the
following
reason:
this
waste
management
site
has
not
submitted
an application
to
the Agency
for
a
permit
to
develop
and operate
a landfill.
Apparent
new
violations
observed
during
this inspection:
35
Illinois
Administrative
Code.
(Title
35: Environmental
Protection,
Subtitle
G:
Land
Pollution,
Chapter
I:
Pollution
Control
Board)
[Regulations]
#8
Pursuant
to
Section
807.201
of
the
Regulations,
Subject
to such
exemption
as
expressly
provided
in Section
21(e)
(Ill.
Rev.
Stat. 1981,
ch. 111
Y2,
par.
1021(e))
of
the
Act
as to
the requirement
of obtaining
a permit,
no
person
shall
cause
or
allow
the
development
of
any
new solid
waste
management
site or
cause or
allow
the
modification
of
an existing
solid
waste
management
site without
a
Development
Permit
issued
by
the
Agency.
A
violation
of
Section
807.20
1 is
alleged
for
the
following
reason:
this waste
management
site
has
not
submitted
an
application
to
the Agency
for a
permit
to
develop
a new
solid
waste management
site.
3
LPC#0298065002
—Co/es
County
Mattoon/Swearingen,
Da
i’id
December
II, 2008
Inspection
Pursuant
to Section
807.202
of the
Regulations,
#9
a)
New
Solid
Waste Management
Sites.
Subject
to such
exemption
as
expressly
provided
in
Section
2 1(e) of the
Act
(Ill. Rev.
Stat. 1982,
ch.
111Y2,
par. 1021(e))
as to the
requirement
of
obtaining
a
permit,
no
person
shall cause
or allow
the use or
operation of
any solid
waste
management
site for which
a Development
Permit is
required
under
Section 807.201
without
an Operating
Permit
issued
by the
Agency, except
for such
testing
operations
as may
be
authorized
by the
Development
Permit.
A violation
of
Section 807.202(a)
is
alleged
for the following
reason:
this
waste
management
site has not
submitted
an
application
to
the Agency
for a
permit
for
operation
of any
solid waste
management
site for
which a
Development
Permit
is
required
under
Section
807.201 without
an
Operating
Permit
issued
by
the Agency,
except for
such testing
operations
as may
be
authorized
by
the Development
Permit.
b)
Existing
Solid Waste
Management
Sites.
1)
Subject
to
such exemption
as expressly
provided
in Section
21(e)
of
the
Act
(Ill.
Rev.
Stat. 1981,
ch. 111½,
par. 1021(e))
as to
the requirement
of
obtaining
a permit,
no
person shall
cause
or
allow the
use
or
operation
of any existing
solid
waste management
site without
an Operating
Permit
issued
by the
Agency
not later
than
one
year afler
the effective
date
of these
Regulations.
2)
All applications
for
Operating
Pennits
shall
be submitted
to
the Agency
at
least 90 days
prior to
the date on
which such
permit
is required;
however,
the
Agency
may waive
such provision
when
appropriate.
3)
The
Agency
may, if necessary
to
prevent an
unmanageable
workload,
extend
the
date by
which
Operating
Permits
are required
for a period
not to exceed
180
days.
The
Agency shall
notify the
persons affected
and
the
Board,
in
writing,
of
such extension
at
least ninety
days in
advance of
the date set
forth
in Section
202(b)(1).
c)
Duration of
Operating
Permits.
All
operating
permits
shall
remain
valid until
the site is completed
or closed,
or
until
revoked,
as provided
herein.
4
LPC#0298065002
—Coles
County
Mattoon/Swearingen,
David
December
11,
2008
hispection
The following
violations
are
dropped:
Enviromental
Protection
Act.
415
ILCS
5/1
et.
seq. (formerly
Ill.
Rev. Stat.
Ch.
111
1/2, 1001
et.
seq.)
{hereinafter
called
the
“Act”}
Upon reinspection
of the
site
on December
11,
2008,
the
following
violations
are
dropped:
22.3
8(b)(9)
and 22.3
8(b)(1
1).
5
91
Wrç
o
I—
I
q
I—
a
:
3
Coles
County
Mattoon/Swearingen
FOS
File
Date:
12-11-2008
Time:
2:27PM
Direction:
Northeast
Photo
by:
Jennifer
0’
Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
001
.jpg
Comments:
Dimensional
lumber
mixed
in
with
landscape
waste.
Date:
12-11-2008
Time:
2:32PM
Direction:
Northwest
Photo
by:
Jennifer
0’
Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
002.jpg
Comments:
Painted
and
unpainted
concrete
and
brick.
N’
-
DIGITAL
PHOTOGRAPHS
LPC
#
0298065002—
Coles
County
Mattoon/Swearingen
FOSFile
Date:
12-11-2008
Time:
2:33PM
Direction:
Northeast
Photo
by:
Jennifer
0’
Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
003.jpg
Comments:
Painted
concrete
block,
concrete
and
brick.
Date:
12-11-2008
Time:
2:34PM
Direction:
Northeast
Photo
by:
Jennifer
O’Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
004.jpg
LPC
#
0298065002—
Coles
County
Maftoon/Swearingen
FOS
File
Date:12-11-2008
Time:
2:35PM
Direction:
Northeast
Photo
by:
Jennifer
O’Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
005.jpg
Comments:
Painted
concrete.
Date:
12-11-2008
Time:
2:36PM
Direction:
Northeast
Photo
by:
Jennifer
O’Hearn
DIGITAL
PHOTOGRAPHS
DIGITAL
PHOTOGRAPHS
LPC
#
0298065002—
Coles
County
Mattoon/Swearingen
FOS
File
Date:12-11-2008
Time:
2:40PM
Direction:
Northeast
Photo
by:
Jennifer
0’
Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
00
7.j
pg
Comments:
Concrete
with
protruding
rebar
and
brick.
Date:12-11-2008
Time:
2:46PM
Direction:
Northeast
Photo
by:
Jennifer
0’
Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
008.jpg
“
L
Eli
E\
DIGITAL
PHOTOGRAPHS
LPC
#
0298065002—
Coles
County
Maftoon/Swearingen
FOS
File
Date:12-11-2008
Time:
2:47PM
Direction:
Northeast
Photo
by:
Jennifer
O’Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
009
.j
pg
Comments:
Landscape
waste
piles,
metal
underneath
front
pile.
Date:
12-11-2008
Time:
2:48PM
Direction:
Northeast
Photo
by:
Jennifer
O’Hearn
I/.
\
DIGITAL
PHOTOGRAPHS
LPC
#
0298065002—
Coles
County
Maftoon/Swearingen
FOS
File
Date:
12-11-2008
Time:
2:51
PM
Direction:
Northeast
Photo
by:
Jennifer
O’Hearn
PHOTO
FILE
NAME:
0298065002—
12112008-
011.jpg
Comments:
Concrete
and
brick,
metal
protruding
from
soil.
Mounded
up
area
with
concrete
just
visible
beneath
weeds.
.i.,_.,.
.i
•
VfV:V..:VV
5745e9
1411e/1995
I3I1eP
It
931
Pt
146
Betty
CotLrjn - Cal..
County
C1.rk
-
.•
H.
7155
XUDTOU
W171111177
that
the
0rantor
PIPIT
)4ID-XLLXNOII
BANK 4..
TRUST,
N.h.,
Hattoon,
IUinöis,
formerly...
First
National.
Bank
of Hattoon,
a
National.
Banking
Ae.ociatien,.
as
Trusteo.
under
Trust
Number
84049,
dated
september g,
1984,
in
consideration
of
Ten
Dollars
($10)
and
other
good
and
valuable
coneidara€ion in hand
paid,
convey.
and quit—claims
to
DAVID
•.
SWEPIR!NGEN,
BOx
30,
County
of
Cumbarland.
and
Stat..
of.
Illinois,
all. of
the
right,
titl,
and
interest
of
said
Granter,of,
in or
to
all,
of
that
portionVof
.
the
former
real
property
of
Con.olidãted:,.
Rail
Corporation,
formerly
The
Cleveland,
Cincinnati,
Chicago
and
St. Louis
Railway
Company,
in
the records
of
the
United
States
Railway
Association,
situated
in
l4attoon
Township,
County
of
Cole.,
State
of
Illinois,
located
on,
across
or
in the
following—described
landi
.
V•VVV
V
•V
:‘
TOWNSHIP
12
NORTH,
RANGE
7 WEST
OF THE
3RD
PRINCIPAl.
MERIDIAN,
COLES
COUNTY.
ILLINOISt
V
.
V
SECTION
21i
That
part
of the
NW¼
described
as
beginning
at
V
VV
..
Station
6916
+
81
and
thence
along,
the
centerline
V V
V
‘V
of
the said
former
real
property,
a.
shown
on the
Right
of
Way and
Track
Hap
of .
the
Cleveland,
Cincinnati,
Chicago
and
St. Lout.
Railway
dated
June
30, 1915,
to the
West
line
of
said
NW¼
EXCEPT
oil,
gas
md other
minerals,
V
V.
V;.
being
a
part
of
the
premises
which
the
Trustees of the
Property
of
the•
Cleveland,
Cincinnati, Chicago
and
St.
Louis
Railway
Company,
Debtor,
by
Conveyance
Document
No.
CCC &
St. i.
CRC-RP21
dated
Narch
29,
1976
and recorded
in
Cole.
County
on Deed
Record
517
at
page
449,
granted
and
convoyed
unto
Consolidated Rail
Corporation.
V
V
DATED
this
.41
day
of
April,
1995.
.
ATTESTi
2
,
}.4JIA7
/
Assistant
Caehier
FIRST
HID-ILLINOIS
BANK
S TRUST,
N.h.,
Nattoon,
Illinois,
formerly
First
Na
tional
Bank
of
Mattoon,
a
National
Banking
Association,
a.
Trustee
under
Trust
Number
84049,
dated
September
5,
:4
/%LA
V
J,Vice
President
Ii
MAIL
NNXT
TAX
STATEMENT
TO,
DAVID
SWESRINGEN
ao3O
V
Tol.do,
IL
62468
STATE
OF
ILLINOIS
COUNTY
OP
VOLES
:
Th.
foregoing
instrument
was
acknowledged
b.for.
me
this
..3.....
day
of
V
April,
1995,
by
GARY
J.
BOSKE,
a
Vic.-Pr..ident
and
JANET
L.
GROVE,
Assistant
Ca.hi.r,
of
FIRST
KID—ILLINOIS
lANE
S
TRUST,
N.A.,
Kattoon,
Iflinoia,
fore.riy.
First
National
Bank
of
Nattoon,
a
National
DankingAssociation,
as
Trustee
V
under
Trust
Number
84048,
dated
September
8,
1984
on
behalf
of
eaid
Banking.
‘V
NOTAR?
puBLxcf’S
V
ffruw
JjJWSUf
W
V
‘OffiGIALSW
V
V••
V
hndJi&8rdy..•
•
V
V
•V
V
V
I4iiPuWc.SttscfIllIno}s
V
V
V
My Ccm,ibs1gi
Explrcs
D/1/(
‘fl
.L
nJ-w:,r
_Lftfti.r:
V
V
IREVE
M
JEI
I
This
instrument
prepared
by John
H.
Armstrong
of
Craig
S
Craig,
Attorneys
at
Law,
1801
Broadway
Ave-Box
689,
Kattoon,
IL
61938
V
/44,,
:;‘;
b
88
Association.
Reni
Estata
—a
—
ECEBVED
CLERK’S
OFFICE
FEB
112
2009
PROOF OF SERVICE
STATE
OF
ILLINOIS
I hereby certify
that I did on
the 29th day of January
2009,
send
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 ADIVIINISTRATIVE
CITATION,
AFFIDAVIT,
and OPEN DUMP
INSPECTION
CHECKLIST
To:
David
Swearingen
408
North Missouri Street
P.O. Box
21
Toledo,
IL 62468
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
Mich’elle
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
FIIJNG
SUBMITTED
ON RECYCLED PAPER
