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
DOUGLAS
P. Scorr DIREcTR
CEVE
(2 17)
782-9817
CLERK’S
OFFICE
TDD:
(217)
782-9143
FEB
13
2009
STATE
OF
ILLINOIS
February
11,
2009
,,Pouution
Control
Board
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. William
and Patricia
Hajek
IEPA
File No.
13-09-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 mailed
to an inspector
from
the
Rockford
Regional
Office
to be delivered
to
Respondent
via
hand delivery.
As soon
as I receive
the affidavit
of
service,
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.
Michelle
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
MaIl
Street,
Collinsville,
IL
62234 —(618)
346-5120
.
MARION —2309W.
Main St.,
Suite
116,
Marion, IL 62959
—(618) 993-7200
PRINTED ON
RECYCLED PAPER
ECEVED
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
CLERK’S
OFFICE
ADMINISTRATIVE
CITATION
FEB
132009
STATE
OF
ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
POIIUtO
Control
Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 13-09-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.
Miche eM.
Ryan —
Assistant
Counsel
Illinois
Environmental
Protection Agency
1021 North
Grand Avenue East
P.O. Box 19276
Springfield,
Illinois
62794-9276
(217)
782-5544
Dated:
February 11,2009
THIS FILING
SUBMITTED ON
RECYCLED
PAPER
RECEVED
CLERK’S
OFFICE
BEFORE
THE ILLINOIS
POLLUTION
CONTROL BOARD
F9
13
20,Iq
STATE
OF
ILLINO
S
ADMINISTRATIVE
CITATION
J
Ofl
Control
Board
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
)
AC
q
s
V.
))
(IEPA No.13-09-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 January 23,
2009, 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
-/1—
0
, Illinois
EPA sent this
Administrative
Citation via
C-ettified
MeN-Nt.____________________________
VIOLATIONS
Based upon direct
observations
made
by Shaun Newell
during the
course of his January23,
2009 inspection
of the
above-named
facility,
the Illinois
Environmental
Protection
Agency
has
determined that
Respondents have
violated the Illinois
Environmental
Protection Act
(hereinafter,
the “Act”)
as
follows:
(1)
That
Respondents
caused
or allowed
the
open
dumping of waste in
a manner
resulting
in litter,
a violation
of
Section 21
(p)(1) of
the
Act,
415 ILCS 5/21
(p)(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
5121(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 Contl
Board,
the statutory
civil penalty specified
above
shall
be due
and payable no later
than
Arril
I 5.
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
issuesafinding
of
violation
as alleged
herein,
afteran 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.
L__-L
I
S-,2
Date:
b6uglas
.
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
CLERK’S
OPFIC
REMITTANCE
FORM
3 2009
STATE
OF
ILLINOlS
ILLINOIS
ENVIRONMENTAL
)
Poll
tion
Control
Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
‘
V.
))
(IEPA No.
13-09-AC)
WILLIAM
and PATRICIA
HAJEK,
)
Respondents.
FACILITY:
Waterman/Hajek
Property
SITE CODE
NO.:
0370608008
COUNTY:
DeKaib
CIVIL PENALTY:
$3,000.00
DATE
OF
INSPECTION:
January
23, 2009
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
County:
DeKalb
Location/Site
Name:
Date:
01/23/2009
Time:
From
11:15A
Inspector(s):
Newell
No.
of Photos
Taken:
#
4
Interviewed:
Patricia
Hajek
Latitude:
41.72163
(Example:
Lat.:
41.26493
Responsible
Party
Mailing
Address(es)
and
Phone
Number(s):
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open
Dump
Inspection
Checklist
LPC#:
Waterman/Hajek
Property
0370608008
Region
1
- Rockford
To
11:35A
Previous
Inspection
Date:
10/30/2008
Weather:
Sunny,
cold 15
degrees
Est.
Amt.
of Waste:
150
yds
3
Samples
Taken:
Yes
#
No
Corn plaint
#:
C-08-054R
Longitude:
-88.72161
Collection
Point
Description:
Site
Entrance
-
Long.:
-89.38294)
Collection
Method:
Map Interpolation
-
William
&
Patricia
Hajek
11683 McAllister
Road
Waterman,
IL 60556
815/786-9039
ECE
CLEK’S
FEB
1
‘I
ED
‘FlOE
009
— I
JAN
9
2009
A/BOL
.cn;
‘‘.kuu
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.
21(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
Revised
10/5/2005
(Open
Dump -
1)
LPC #
0370608008-DeKaib
Inspection
Date:
01/23/2009
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
El
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
El
12.
808.121
SPECIAL WASTE
DETERMINATION
El
ACCEPTANCE
OF SPECIAL
WASTE
FROM
A WASTE
TRANSPORTER
WITHOUT
A
WASTE
HAULING PERMIT,
UNIFORM
WASTE PROGRAM
REGISTRATION
AND
El
13.
809.302(a)
PERMIT ANDIOR
MANIFEST
OTHER
REQUIREMENTS
14.
APPARENT
CASE
NUMBER:
VIOLATION
OF:
(El)
PCB;ORDER
(El)
ENTERED
CIRCUIT
COURT
ON:
El
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 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/Ilajek
Property
FOS
File
NARRATIVE
INSPECTION
REPORT
On January
23, 2009, 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
citizencomplaint
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 DeKaIb 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
and
October 30,
2008,
the following
alleged
solid
waste
violations
were
cited: Sections
12(a),
21(a), 21(d)(1),
2l(d)(2), 21(e),
2l(p)(l), 2l(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 IEPA
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 Earlville,
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
January 23,
2009, the site was reinspected.
I attempted
to reach Mr. Hajek by
phone.
I
left a message
that
I
was reinspecting the
site. I also knocked on
the
door to
see
if Mrs. Hajek
was at home.
No
one was present
during the
inspection. I proceeded
to walk through
snow drifts to
the
edge of the driveway.
Solid wastes
of
various types were
found visible
through
the
snow cover. Waste tires were
also visible
in the same location
during
the
previous inspection
conducted
on October
30, 2008. There
was little to zero
progress in cleaning
up
the
solid waste/tires. A
few photographs were
taken to document
the
waste. Photograph
0370608008012309-001
faces west
showing
solid
waste along the west edge
of
the
property.
Photograph
0370608008—012309-002
faces
northwest showing solid
waste visible in
the northwest corner
of the
property. Photograph
0370608008012309-003
faces east showing
solid/waste tires
visible through the
snow.
RECEV
p4
./BOL
03 70608008-DeKaib
County
Waterman/Hajek
Property
FOS
File
Photograph
03706080080l2309-004
faces
southeast
showing
solid
waste
piled
near
the
garage/residential
house.
I did
not attempt
to
look
inside
the barn.
I did
not
see any
tracks
through
the
snow
that
would
demonstrate
any of
the used
tires
were
removed
from
the barn.
During
the
October
30,
2008
inspection
I discovered
there
were
an
additional
200 plus
used/waste
tires
inside
the
barn.
Mr.
Hajek
has
stated
that
he intends
to
reuse
the
tires
on vehicles
on
site. The
Rockford
UTU
mailed
a Notification
form
to Mr.
Hajek
to
register
his site
as
a
tire
storage
site.
As
of January
27,
2009,
the form
has
not
been
submitted
to
Springfield
(Headquarters).
Based
on
January
23,
2009
observation
the following
alleged
continuing
violations
remain
on
site.
Sections
21(a),
21(d)(1),
21(d)(2),
21(e),
2l(p)(l),
21(p)(7),
55(a)(1)
of
the
Illinois
Environmental
Protection
Act
and
Section
812.101(a)
of 35
Illinois
Administrative
Code;
Subtitle
G.
STATE
OF
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
SITE
SKETCH
/
Date
of
Inspection:
Site
Code:
Site
Name:
Inspector:
Time:
N
County:
e4/b
I
/
)
/
(/
j;
I
—
/
-J’,
?—K
/
c
/7c
4//,’/er
DIRECTION:
West
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-012309-001
COMMENTS:Facing
W
showing
the
solid
waste
on
site.
DATE:
January
23,2009
TIME:.
11:25
A.M.
DIRECTION:
Northwest
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-012309-002
COMMENTS:
Facing
NW
showing
the
solid
waste
on
V
site.
DIRECTION:
East
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-012309-003
COMMENTS:
Facing
E
showing
the
solid
waste/tires
on
site.
DATE:
January
23,2009
TIME:.
11:30
A.M.
DIRECTION:
Southeast
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-012309-004
COMMENTS:Facing
SE
showing
the
solid
waste
next
to
the
garage.
-7
Jr
DIRECTION:
West
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008—012309-001
COMMENTS:
Facing
W
showing
the
solid
waste
on
site.
DATE:
January
23,2009
TIME:.
11:25
A.M.
DIRECTION:
Northwest
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-4)12309-002
COMMENTS:Facing
NW
showing
the
solid
waste
on
site.
F
DIRECTION:
East
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-012309-003
COMMENTS:Facing
E
showing
the
solid
waste/tires
on
site.
DATE:
January
23,2009
TIME:.
11:30
A.M.
DIRECTION:
Southeast
PHOTO
by:
S.
Newell
PHOTO
FILE
NAME:
0370608008-012309-004
COMMENTS:
Facing
SE
showing
the
solid
waste
next
to
the
garage.
I
:4:
‘d,II
It.
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
January
23,
2009
between
11:15
a.m.
and
11:35
a.m.,
Affiant
conducted
an
inspection
of
an
open
dump,located
in
DeKaib
County,Illinois
and
known
as
Hajek
Property
bythe
Illinois
Environmental
Protection
Agency.
Said
sitehas
been
assigned
site
code
number
BOL
#0370608008
by
the
Agency.
3.
Affiant
inspected
said
site
by
an
on-site
inspection,whichincludedwalking
and
photographing
the
site.
4.
As
a
result
of
the
activities
referred
to
in
Paragraph
3
above,
Affiantcompleted
the
inspection
Report
form
attached
heretoand
made
a
part
hereof,which,
to
the
best
of
Affiant’
s
knowledge
and
belief,
is
an
accurate
representation
of
Affiant’
s
observationsandfactualconclusions
with
respect
to
said
open
dump.
Subscribed
and
Sworn
to
Before
Me
this
4
7
day
of
:1
I
‘I
.2009
-/,
Notary
Public
-&•z/
“OFFICIAL
SEAL”
TERESA
LABUNSKI
Notary
Public,
State
of
Illinois
My
Commission
Expfres
O1I1OI11J
Shaun
Newell,
EPS
III
CHECKLIST
for
hand
delivery
R
E
C
E
IV
E
D
CLEK’S
OFFICE
To:
William
&
Patricia
Hajek
FEB
13
2UU9
11683
McAllister
Road
Waterman,
IL
60556-7084
STATE
OF
ILLINOIS
OIIuton
Control
Board
and
the
original
and
nine
(9)
true
and
correct
copies
of
the
same
foregoing
instruments
on
the
same
date
by
CertifiedMail
withpostage
thereon
fully
prepaid
To:
John
Therriault,
Clerk
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
Illinois
Environmental
Protection
Agency
1021
North
Grand
AvenueEast
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
Assistant
Counsel
THIS
FILING
SUBMITI’ED
ON
RECYCLED
PAPER
