Control

Boacj

April

30,

2009

,

4)

/‘)

JohnTherriault,

Clerk

A

it

C)

t

/

i—i

“Il

Illinois

Pollution

Control

Board

,

/

/4

,‘

James

R.

Thompson

Center

100

West

Randolph

Street,

Suite

11-500

Chicago,

Illinois

60601

Re:

Illinois

Environmental

Protection

Agency

v.

Brian

Collins

1EPA

File

No.

64-09-AC;

0550705066—Franklin

County

Dear

Mr.

Therriault:

Enclosed

for

filing

with

the

Illinois

Pollution

Control

Board,

please

find

the

original

and

nine

true

and

correctcopies

of

the

Administrative

CitationPackage,

consisting

of

the

Administrative

Citation,

the

inspector’s

Affidavit,

and

theinspector’s

Illinois

Environmental

Protection

Agency

Open

Dump

InspectionChecklist,

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.

jj

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

OFLAND

-

PEORIA

—

7620

N.

University

St.,

Peoria,

IL

61614

—

(309)

693-5462

.

CHAMPAIGN

-

2125

South

First

Street,

Champaign,

IL

61820

-

(217)

278-5800

COLLI.NSVILLE

—

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

---

)

AC

)

v.

)

(TEPA

No.

64-09-AC)

)

BRIAN

COLLINS,

)

)

Respondent.

)

NOTICE

OF

FILING

/

To:

Brian

Collins

10603

Bencie

Lane

WestFrankfort,

IL

62896

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)

entitledADMINISTRATIVE

CITATION,

AFFIDAVIT,

and

OPEN

DUMP

INSPECTION

CHECKLIST.

Respectfully

submitted,

Assistant

Counsel

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

illinois

62794-9276

(217)

782-5544

Dated:

April

30,

2009

THIS

FifiNG

SUBMI1TED

ON

RECYCLED

PAPER

---

Complainant,

)

AC

C4

V.

)

(IEPA

No.

64-09-AC)

BRIAN

COLLINS,

)

I\Ib!f’IA

Respondent.

)

‘

I

V/—

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

Brian

Collins

is

the

current

operator

(“Respondent”)

of

a

facility

located

at

102

W.

Lindell,

West

Frankfort,

FranklinCounty,

Illinois.

The

property

is

commonly

known

to

the

Illinois

Environmental

Protection

Agency

as

West

Frankfort/Collins-Jones.

2.

Thatsaid

facility

is

an

open

dump

operating

without

an

Illinois

Environmental

Protection

Agency

Operating

Permit

and

is

designated

with

Site

Code

No.

0550705066.

3.

That

Respondent

has

operated

said

facility

at

all

times

pertinent

hereto.

4.

That

on

March

31,

2009,

Maggie

Stevenson

of

the

Illinois

Environmental

Protection

Agency’s

(“Illinois

EPA”)

Marion

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.

---

Based

upon

direct

observations

made

by

Maggie

Stevenson

during

the

course

of

her

March

31,

2009

inspection

of

the

above-named

facility,

the

Illinois

Environmental

Protection

Agency

has

determined

that

Respondenthas

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

resulting

in

litter,

a

violation

of

Section

21(p)(1)

of

the

Act,

415

ILCS

5/21(p)(1)

(2006).

(2)

That

Respondent

caused

or

allowed

the

open

dumping

of

waste

in

a

manner

iesulting

in

open

burning,

a

violation

of

Section

21(p)(3)

of

the

Act,

415

ILCS

5/21

)(3)(2006).

(3)

That

Respondent

caused

or

allowed

the

open

dumping

of

waste

in

a

manner

resulting

in

Deposition

of

General

Construction

or

Demolition

Debris:

or

Clean

Construction

or

Demolition

Debris

a

violationof

Section

21

(p)(7)

of

the

Act,

415

ILCS

5/21(p)(7)

(2006).

2

---

Respondent

elects

not

to

petition

the

Illinois

Pollution

Control

Board,

the

statutory

civil

penalty

specified

above

shall

be

due

and

payable

no

later

than

June

15,

2009,

unless

otherwise

provided

by

order

of

the

Illinois

Pollution

Control

Board.

If

Respondent

elects

to

contest

thisAdministrative

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

andthe

Illinois

Pollution

Control

Board.

Those

hearing

costs

shall

be

assessed

in

addition

to

theOne

Thousand

Five

Hundred

Dollar

($1,500.00)

statutory

civil

pehalty

for

each

violation.

Pursuant

to

Section

31

.1

(d)(1)of

the

Act,

415

ILCS

5/31

.1

(d)(1)

(2006),

if

Respondent

fails

to

petition

or

elects

not

to

petition

the

Illinois

Pollution

Control

Board

for

review

of

this

Administrative

Citation

within

thirty-five

(35)

days

of

the

date

of

service,

the

Illinois

Pollution

Control

Board

shall

adopt

a

final

order,

which

shall

include

this

Administrative

Citation

and

findings

of

violation

as

alleged

herein,

and

shall

impose

the

statutoiy

civil

penalty

specified

above.

When

payment

is

made,

Respondent’s

check

shall

be

made

payable

to

the

Illinois

Environmental

ProtectionTrust

Fund

and

mailed

to

the

attention

of

Fiscal

Services,

Illinois

Environmental

Protection

Agency,

1021

North

Grand

Avenue

East,

P.O.

Box

19276,

Springfield,

Illinois

62794-9276.

Along

with

payment,

Respondent

shall

complete

and

return

the

enclosed

Remittance

Form

to

ensure

proper

documentation

of

payment.

3

---

against

Respondent

in

Circuit

Court

to

collect

said

penalty

and/or

hearing

costs,

plus

any

interest

accrued.

4

---

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.

Date:

Prepared

by:

Susan

E.

Konzelmann,

Legal

Assistant

Division

of

Legal

Counsel

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544

5

---

)

(IEPA

No.

64-09-AC)

BRIAN

COLLINS,

)

/1’’

Respondent.

FACILITY:

West

FrankfortlCollins-Jones

SITE

CODE

NO.:

0550705066

COUNTY:

Franklin

CIVIL

PENALTY:

$4,500.00

DATE

OF

INSPECTION:

March

31,

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.

6

---

)

IEPA

DOCKET

NO.

vs

)

)

Brian

Collins

)

Respondent.

)

AFFIDAVIT

Affiant,Maggie

Stevenson,

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

IllinoisEnvironmental

Protection

Agency

and

has

been

so

employed

at

all

times

pertinent

hereto.

2.

On

March

31,

2008,

between

3:45

PM

and4:15PM,

Affiant

conducted

an

inspection

of

a

disposal

site

operated

by

Brian

Collins,

located

in

Franklin

County,

Illinois,

and

known

as

Collins-Jones

by

the

Illinois

Environmental

Protection

Agency.

Saidsite

has

been

assigned

site

code

number

0550705066

by

the

Agency.

3.

Affiant

inspected

said

Collins-Jones

site

by

an

on-site

inspection

which

included

walking

and

photographing

the

site.

---

Subscribed

and

Sworn

to

before

me

this

day

of3LI,

2O9y

**INITIAL

BLOCK**

OFFjCjAL

SEAL”

RONALD

E.

MORSE

ry

Public,

State

of

lllir

My

Commission

Exjm.q.

---

SECTION

DESCRIPTION

1LLINOIS

ENVIRONMENTAL

PROTECTION

ACT

REQUI

1.

9(a)

CAUSE,

THREATEN

OR

ALLOW

AIR

POLLUTION

IN

ILLINOIS

2.

9(c)

CAUSE

OR

ALLOW

OPEN

BURNING

3.

12(a)

CAUSE,

THREATEN

OR

ALLOW

WATER

POLLUTION

IN

ILLINOIS

4.

12(d)

CREATE

A

WATER

POLLUTION

HAZARD

5.

21(a)

CAUSE

OR

ALLOW

OPEN

DUMPING

(1)

Without

a

Permit

LI

(2)

In

Violation

of

Any

Regulations

or

Standards

Adopted

by

the

Board

LI

DISPOSE,

TREAT,

STORE,

OR

ABANDON

ANY

WASTE,

OR

TRANSPORT

ANY

LI

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

(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

Latitude:

37.90110

(Example:

Lat:

41

.26493

Responsible

Party

Mailing

Address(es)

and

Phone

Number(s):

Longitude:

88.92867

Long.:

-89.38294)

Collection

Point

Description:

Other

-

N.

Anna

Street

Collection

Method:

GPS

-

Mr.

James

A.

Jones

58

Brenda

Street

Glen

Carbon,

IL

62034-1938

618-920-8432

Brian

Collins

10603

Bencie

Lane

West

Frankfort,

IL

62896

(618)

937-2271

L

6.

CONDUCT

ANY

WASTE-STORAGE,

WASTE-TREATMENT,

OR

WASTE-

DISPOSAL

21(d)

OPERATION:

Revised

10/5/2005

(Open

Dump

-

1)

---

Informational

Notes

[Illinois]

Environmental

Protection

Act:

415

ILCS

5/4.

Illinois

Pollution

Control

Board:

35

III.

Adm.

Code,

Subtitle

G.

Statutory

and

regulatory

references

herein

are

provided

for

convenience

only

andshould

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

requirementscan

be

found

in

references

listed

in

1.

and

2.

above.

4.

The

provisions

of

subsection

(p)

of

Section

21

of

the

[Illinois]

EnvironmentalProtection

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.

.

.-

.

...;..

.

.JLLINOISDMINISTRATIVE

CODE

..

:

SUBTITLE

G____

FAILURE

TOSUBMIT

AN

APPLICATION

FOR

A

PERMITTO

DEVELOP

AND

10.

812.1

01(a)

OPERATE

A

LANDFILL

11.

722.111

HAZARDOUS

WASTE

DETERMINATION

12.

808.121

SPECIAL

WASTE

DETERMINATION

ACCEPTANCE

OF

SPECIAL

WASTE

FROM

A

WASTE

TRANSPORTER

WITHOUT

A

WASTE

HAULING

PERMIT,

UNIFORM

WASTE

PROGRAM

REGISTRATION

AND

13.

809.302(a)

PERMIT

ANDIOR

MAN

WEST

.

..-.

..

•‘4

OTHER

IEQUIREMENTS.

APPARENT

VIOLATION

OF:

(LI)

PCB;

(LI)

CIRCUIT

COURT

14.

CASE

NUMBER:

ORDER

ENTERED

ON:

15.

OTHER:

1.

2.

3.

Revised

10/5/2005

(Open

Dump

-

2)

---

County:

Franklin

Inspector:

Maggie

Stevenson

Subject:

West

Frankfort/Collins-Jones

General

Remarks

G.P.S.:

37.90

110/-88.92867

-

8.3

AC

Amount

of

Waste:

300

CY

Owner

ofProperty:

James

A.

Jones

Operator:

Brian

Collins

This

inspection

was

made

as

the

result

of

a

complaint

received

by

this

office.

The

site

is

located

at

102

W.

Lindell

Street

in

West

Frankfort,

Illinois.

The

site

was

easily

accessed

by

West

Lindell

Streetand

North

Anna

Street.

Nine

pictures

were

taken

of

the

waste,

which

consisted

of

con

struction]demolition

debris

and

miscellaneous

debris.

Open

burning

had

occurred

at

the

site.

The

property

is

owned

by

James

A.

Jones

of

58

Brenda

Street

in

Glen

Carbon,

Illinois.

The

operator

is

Brian

Collins

of

10603

Bencie

Road

in

rural

West

Frankfort,

Illinois.

The

parcel

number

is

11-24-284-007

according

to

the

Franklin

County

Tax

Assessor’s

office.

West

Frankfort

Fire

Department

called

and

left

a

message

regarding

this

fire.

The

call

was

returned

to

Lt.

Craig

Lemmon

of

the

fire

department

who

informed

methat

the

house

had

partially

burned

several

months

ago

and

was

lit

on

fire

this

morning

to

get

rid

of

the

remainder

of

thehouse.

Lt.

Lemmon

‘s

verbal

report

stated

that

thehouse

had

been

demolished

prior

to

being

ignited

by

Brian

Collins.

Initially,

Brian

Collins

told

a

member

of

the

fire

department

that

he

had

purchased

the

property

for

backtaxes

but

later

told

another

member

of

the

department

that

he

had

been

hired

to

demolish

the

house.

Lt.

Lemmon

was

under

the

impression

that

Brian

Collins

owned

the

property.

When

a

member

of

the

fire

department

told

him

hewas

not

supposed

to

burn

demolished

buildings

he

stated

he

did

not

care

andbecame

belligerent.

Two

fire

trucks

were

called

to

the

scene

around

8:00

AM

to

extinguish

the

fire.

Pictures

were

taken

of

the

blaze

by

WestFrankfort

FireDepartment

(pictures

and

report

attached).

Before

going

to

the

site

I

checked

with

the

Franklin

County

Tax

Assessor’s

Office

to

fmd

out

if

Brian

Collins

had

purchased

the

property

for

back

taxes.

The

property

taxes

were

up-to-date

andthe

County

Clerk’s

Office

did

not

have

any

record

of

the

property

going

up

forsale

for

back

taxes

or

Brian

Collins

having

purchased

any

properties

in

Franklin

County

since

2006.

Franklin

County

Tax

Assessor’s

Office

said

that

the

tax

bill

was

being

sent

to

James

A.

Jones

at

the

above

mentioned

address.

It

was

also

reported

that

the

City

of

West

Frankfort

showed

a

$200

water

bill

outstanding

onthe

property.

I

arrived

at

the

site

around

3:45

PM.

The

site

contained

tires

(pictures

001

and

003)

and

miscellaneous

debris

(pictures

001,

002,

003,

and

004).

Partially

burned

construction/demolition

debris

and

miscellaneous

debris

was

present

at

the

site

(pictures

001,

003,

005,

006,

007,

and

008).

A

hole,

approximately

3’

X

3’

X

6’,

was

filled

with

---

While

I

was

at

the

site,

three

boys

walked

through

the

eastern

edge

of

theproperty.

They

asked

what

I

was

doing

and

I

told

them

I

was

taking

pictures.

One

boy,

later

identified

as

Master

Williams,

statedthat

he

lived

there

until

November

18,

2008

whenthe

house

caught

on

fire.

Another

boy,

later

identified

as

Master

Haskel,

stated

that

his

uncle

owned

the

house.

The

third

boy,

identified

as

Master

Jones,

said

the

owner

was

his

uncle

and

his

name

was

Jimmy.

The

boys

stated

that

they

were

headed

home

and

I

asked

if

their

parents

were

home.

Master

Williams

stated

yes

and

I

asked

what

the

address

was

because

I

needed

to

speakwiththem

regarding

therecent

fire.

He

gave

me

the

address

of

108

W.

8

th

Street.

I

drove

to

108

W.

8’

Street

and

spokewith

Lori

Haskel

and

Darrel

Taylor.

Lori

stated

that

she

lived

in

the

house

when

it

burned

and

her

brother,JamesJones

of

Glen

Carbon,owned

the

house.

I

questioned

the

address

of

James

and

shestated

that

he

lived

withhis

x-wife,

Tammy.

We

continued

on

with

our

discussion

of

the

property.

She

stated

thatthey

had

spent

months

trying

to

salvage

belongingsfrom

the

house

and

were

to

a

point

thatthey

could

not

do

any

more.

Ms.

Haskelstated

that

herbrother

had

hired

Brian

Collins

to

demolish

the

house.

According

to

Ms.

Haskel,

dumpsters

had

been

supplied

for

thedemolition

and

remaining

debris

but

Mr.

Collins

had

filled

the

dumpsters

with

foundation

blockand

cement

and

hauled

them

away.

She

stated

that

herbrother

had

specifically

told

Mr.

Collins

to

leave

the

foundation

so

he

could

re-use

it

for

the

new

structure.

I

asked

if

the

property

was

insured

and

Ms.

Haskel

stated

that

it

was

andthe

insurance

had

already

paid.

Ms.

Haskel

was

very

upset

and

stated

they

had

been

at

the

property

during

the

fire.

Shestated

that

during

theirclean-up

(Lori

and

Darrel)

they

hadburned

some

limbs

from

a

fallentree

andthe

fire

department

made

them

put

it

out

but

Mr.

Collins

could

burn

an

entire

house.

She

stated

that

several

neighbors

had

tried

for

almost

two

hours

to

get

the

fire

department

to

respond

to

the

blaze

ignited

by

Mr.

Collins.

Ms.

Haskel

said

that

sheand

Mr.

Taylor

parked

in

the

alley

when

the

fire

department

arrived

and

were

taking

pictures

on

their

cell

phones

of

the

fire.

According

to

Ms.

Haskel,thefire

department

made

them

leave

the

scene

shortly

after

their

arrival.

Ms.

Haskel

was

verydistressed

and

reportedthat

she

hadtried

to

contact

the

fire

department

several

times

that

morning

and

when

she

andseveralothers

did

not

get

immediate

resultsfrom

the

fire

department

Mr.

Taylor

and

a

neighbor

tried

contacting

IEPA.

During

the

interview,

Ms.

Haskel

called

her

brother,

James

Jones.

She

asked

if

I

would

like

to

speak

with

him

and

I

took

the

opportunity

to

make

sure

Mr.

Jones

knew

what

would

be

expected

of

him

with

regards

to

clean-up.

Mr.

Jones

stated

that

he

understood

he

was

ultimatelyresponsible

as

property

owner

and

hewouldberequired

to

provide

me

with

receipts

from

the

landfill

for

theremainingdebris

on

site.

He

also

understood

that

the

tires

could

not

be

taken

to

the

landfill

and

he

wouldhave

to

takethem

to

a

tire

storethat

would

accept

tires

for

disposal.

I

explained

to

Mr.

Jones

that

he

would

be

receiving

a

letter

in

the

mail

with

all

theinformation

that

we

discussed

and

that

Mr.

Collins

would

be

pursued

as

theoperator

of

the

site.

Mr.

Jones

confirmed

that

he

hadmade

arrangements

for

the

proper

disposal

of

thedebrisand

I

asked

him

to

send

me

any

documentation

pertaining

to

that

disposal

arrangement.

Mr.

Jones

was

quiet

and

calm

on

the

phone.

I

left

my

businesscard

with

Lori

Haskel

andstated

I

would

appreciate

a

copy

of

the

pictures

from

her

cell

phone

if

she

could

retrievethem

and

e-mail

them

to

me.

After

I

left

the

Haskel/Taylor

residence

I

called

Mr.

Jones

and

left

a

message.

I

asked

if

he

could

provide

me

with

a

written

contract

between

him

and

Mr.

Collins

for

the

demolition

of

thehouse.

I

also

stated

that

if

he

had

any

other

---

Thefollowing

morning

(4/1/2009)1

spoke

again

with

the

WestFrankfort

FireDepartment.

I

was

told

at

thattime

that

Brian

Collins

had

given

conflicting

information

to

two

different

firemen

regarding

the

ownership

of

the

property

(as

statedpreviously).

I

also

askedabout

the

presence

of

Lori

Haskel

and

Darrel

Taylor

at

the

site

during

the

fire.

I

was

told

that

Mr.

Collins

hadbecome

so

agitated

with

Lori

Haskel

that

the

department

was

fearfulthe

situation

would

escalate

to

physical

violence

on

Mr.

Collins’

part.

I

asked

aboutdumpsters

at

the

site

during

the

fire

and

was

told

that

the

dumpsters

had

been

removed

from

the

site

prior

to

the

fire.

I

requested

a

copy

of

the

fire

department

report

and

any

pictures

thatwere

taken

during

the

fire.

I

was

informed

that

theWest

Frankfort

Police

Department

would

be

issuing

a

ticket

with

a

subsequent

fme

of

up

to

$500.00

for

repeat

offenders.

I

asked

howmany

times

thefire

department

had

responded

to

fires

for

Brian

Collins

and

was

told

that

they

had

records

going

back

several

years.

They

also

stated

that

Brian’s

father,

Bill,

had

an

extensive

record

of

fire

extinguishing.

---

PVbIIWs.

n.a

amy

p

Map

Key

AM

locations

are

apprnsimateftdrl

draw-itoscale

Photo/DireCtion

file://C

:\Documents

and

Settings\epauser\Local

Settings\Temporary

Internet

Files\Content....

4/15/2009

---

File

Names:

0550705066

“03312009-001

through

009.jpg

Comments:

Tires,

mattress,

box

springs,

carpet

padding,

miscellaneous

debris.

Date:

March

31,

2009

Time:

3:45

—

4:15

PM

Direction:

Northwest

Photo

by:

M.

Stevenson

Exposure

#:

002

Comments:

Mattress,

box

springs,

pop-up

camper,

miscellaneous

debris.

Page

1

of2

---

Comments:

Tires,

slide,

cooler,

miscellaneous

debris.

Date:

March

31,

2009

Time:

3:45

—

4:15

PM

Direction:

Northeast

Photo

by:

M.

Stevenson

Exposure

#:

004

Comments:

A

hole

with

layered

branches

and

carpet

padding.

File

Names:

0550705066

“03312009-001

through

009.jpg

Page

2

of

2

---

-

I,,,,

-

‘-

-

1

;_

Jr

4/

Jj

Z

•

3

/

—

c

?b

&M

Comments:

Dimensional

lumber

and

miscellaneous

debris

burned.

Date:

March

31,

2009

Time:

3:45

—

4:15

PM

Direction:

North

Photo

by:

M.

Stevenson

Exposure

#:

006

Comments:

C

&

D

and

miscellaneous

debris

partially

burned.

File

Names:

0550705066

“03312009-001

through

009.jpg

Page

1

of3

---

a,

-

I

r

i—

Zfra

t

1-

4

-

-.

File

Names:

0550705066

“03312009-001

through

009.jpg

Comments:

Miscellaneous

debris

and

C

&

D

partially

burned.

Date:

March

31,

2009

Time:

3:45

—

4:15

PM

Direction:

Northeast

Photo

by:

M.

Stevenson

Exposure

#:

008

Comments:

C

&

D

and

miscellaneous

debris

partially

burned.

Children

walking

through

the

debris.

Page

2

of

3

---

Comments:

Children

walking

through

the

debris.

File

Names:

0550705066

“03312009-001

through

009.jpg

Page

3

of

3

---

File

Names:

0550705066

“03312009-001

through

009.jpg

Date:

March

31,

2009

Time:

“8:50

AM

Photo

by:

West

Frankfort

Fire

Department

Exposure

#:

002

B

Page

1

of2

---

Date:

March

31,

2009

Time:

“8:50

AM

Photo

by:

West

Frankfort

Fire

Department

Exposure

#:

004

D

4

•..t

•\

E

•

rrZ

-

‘:

I

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File

Names:

0550705066

03312009-001A

through

004D.jpg

Page

2

of2

---

OPRI2g0g

e9:55R FROM:WEST

FIRE 61$-’932-3t75

TO:SSltEai

P.1/s

flflkst

3rnw&fàrr

FIRE

DEPARTMENT

201&Nolen

We ‘v’’\

West

Fcankfnrt,

Illinoic 62896

Phone

161Sf’)

37

1214

wlfd@mclis.coni

Mruch

31,2009

i’m ielT Thatp

Police

Chief, City

of West

Frankfort

201 2.

Nolan

Street

West

Frankfort,

Illinois

62896

Re: Illegal

Burn

at 102

W Lindell Street

The

West

Frankfort

Fire

Department

had

a report on

March

31,

2009 just

after

8:00

can.

regarding

the burning

of what

was

left of

the

residence

at the

above

address,

Lt.

Craiu

Lemmon

toned

out all

off duty

personnel

to report to the

station

to

assist

in putting

thu

the fire.

I

arrived in

Engine

2,

just

after Craig

arrived in

Engine 1. 1

witnessed

Mr.

Collins

and

Craig

exchanging

words regarding

the fire.

As

I

walked

up.

I asked

Mr.

Collins if

he

new

that it was

illegal

to

buni

a house

in

the

city

limits.

He. stated

that

the

Fire

Chief

from up

north

gave

him permission to do

the

same

thing

behind

Kentucky

Fried

Chicken.

I

told

him

that

he was

no

longer Fire

Chief

that

Wes

Taylor

was

Fin.

Chief

and it was

still

illegal.

Craig

Lernmon

has

2 or

3

calls

before

arrival stating

that Ron

Rains

came

to

our

house

and

said

we

could

not

burn 2x4’s

so why

does

he

get to burn. I

told

this to

Mr.

Collins

and said

that

lie was not

the

exception

to the

rule

and

that by

no

means

can you

burn

lumber,

roofing.

etc. in

the city

limits,

He

stated

that he

took

all of the

rooting out

“:

roofing was

found

during

extinguishment

of

the fire. I then

toLd him

that he

knew

that

this

was

wrong,

because we

have

had

other calls

regarding

the same

thing

with

Mr.

Collins

in the

past.

I

ask

him

if he

owned

the property,

and

he told

me he

was

cleaning

i

up

for

the owner,

I

then

ask him

where

the dumpster

went that

was

there yesterday.

lie

said

he

again

was

cleaning

it up for someone.

Mr. Collins

has

had a

problem

understanding

the

rules

of burning

in

the

city

limits

in

the

past. He

became

short

with

me and!

also

was

with him,

Officer Fort

, Officer

Graskcwicz

as well

as

officer

Howard

arrived

on scene

at

the

request of

Craig

Lemmon 1

ask them to write

him

a

ticket

for

violating

the city

ordinance

regarding

hurninp

and

Officer

Howard more

or less stated

that my commissioner

had to

do

this.

Coniissionei’

Sailliex was

also

on

scene

and

told them to write

it. Mr.

Collins

was then

ask

to conic

It

the

police station

with

Officer Fort.

I

stayed on

scene

of

the

fire

and

was

requested

to

come

to

the

police

department

to sign

the complaint, and

I did.

---

R9-12Ot39

o8:55c4 FRUIt

WEST

FRANKFURT

FIRE

6tS4K3231?S

TO:99?12e1

P.3/S

West

Frankfort

Police

Department

Non

traffic complaint

8.04.030

Disposal—’Probibited

places—Exceptions

ILLEGAL

BURN

COMPLAINT

In the name

arid by the authority

of the

People

of

the State

of

illinois,

31I1DEP1TME!_, hereinafter called the

complainant,

on

oath

charges

that

at

or about

the

hour of 9O0 P

.M

on

or

about

thc3iST

day of

March

2009 in

Franklin County

illinois,

BRIA$

COLLINS

hereinafter

called the

defendant

committed

the offense

of:

ILLEGAL

BURN

in violation of

SECTION 8.04.030

of the

City ofWest Frankforth

City Municipal Codes,

in

that

the

said

defendant knowingly

created

a

fire

to

buni

a

structure

located

at 102

W.

Linde!! Street,

West

Frankfort

Illinois,

still burning

at 9:00 am,

on

Tuesday, March

3 1st, 2009,

which

such

action

being

forbidden by

City Code.

Charge

City Ordinance

Violation

Suspect

Data:

Sex

M

RaceW

Dated March 31st

2009

DOB

02fl3177

Address

10603 Beack Ln,

City,St,Zip West Enukfortjliinols

62896

Signed

and sworn to befrnt

me

Telephone

is.-gn.ois

LILL

and

ide

tiendo,

otUItker or other Complainant

---

PRi-2009

0E3:SEfl FROM:WEST

FDIt

mci Nm

Ale

!Zate

FC21I.

07—0000222

06/20/2007

FC211 07—0000121

06/19/2007

LC211 07—0000093

05/1

1/20(11

FC21I 04—0000113

06/27/2004

F0211

04—0000.131

06/26/2004

FC211

99—109905

10/05/1999

FC2II 99-1099O 10/OL/1999

C21i

91—099906

09/06/1999

FRRNKFORT

FIRE

619-932-3175

70:9971221

PA5

Ale

iee

Ste

Name

mci rpe

Decriptior

I000:00 I

COLLINS, BILL

Assist police

or other

governmentsl

agoncy

13:45:00 1

COLLiNS,

BiLL

671

!4zMa

r1e

investiation

w/no flasMat

09:00:00

1

COLLINS, BflL

561

Assist

police

o

other

governmental

agency

2G:1300 1

COW[NS, BLL

6S1

Smoke scarer

odor of

smoke

18:0800

1

COLLINS, 54

L

631

Aothoried

controlled

hirning

17:45:00 1.

cOLLINS,

BILL

140

Natii.

v Ltion

lire,

Other

17:45:00

1

COLLINS,

BILL

140

Natural

vegetation

fire, Other

14:20:00

1

COLLINS,

BILL

1.0

Structire

fire, Other (conversion

on1y

—]3itL

COLLJt3

---

Ø:56R FR0NWEST

FRANKFORT

FIRE

6i8-9331i5

TO;997181

DID

mci Num

Aim Date

A1

ie St Nazie

Zci

rypa

asciptioe

FC2I1

08-00OO13

05/2J20O

1i:370Q

I

COLLfl4S BRIAN

111

Builditig

fire

7211

O7GO00230

10/03/2007

i9i300

I

COLUNS

BUAN

131

Passerger

vehicle

fire

FC27)

07-iO00i20

06/14/2007

22S003

I

CO4NS

BRIAN

150

Outside

rubbish

fire,

Other

FC2II 07—000O7

03/10/2007

16:30:00

1

COItINS,

BRIAN

150

Outside

rubbish

fire,

Other

FC211

0500Q0117

07/23/2005

22:10:00

1

COLLXN,

BRIAN

151

Outside

rubbish

trash or

waste

fire

FC21I

050O00032

O2/2/200S

20:51:50

1

COLLINS,

BRIAN

131

Passenger

vehicle

fire

C

---

CLERK’S

OFFICE

MAY

062009

PROOF

OF SERVICE

STATE

OF

ILLINOIS

Pollution

Control

Board

Thereby

certify that I did

on the 30th day

ofApril 2009,

send by Certified Mail,

Return

Receipt

Requested,

with postage

thereon fully

prepaid, by depositing

in a United States

Post Office Box

a true

and

correct copy of

the

following

instrument(s)

entitled

ADMINISTRATiVE

CITATION,

AFFIDAVIT,

and OPEN DUMP

INSPECTION

CHECKLIST

To

Brian Collins

10603

Bencie Lane

West Frankfort,

IL

62896

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

Michelf

M.

Rya

Assistant

Counsel

Illinois

Environmental

Protection

Agency

1021 North Grand

Avenue

East

P.O.

Box 19276

Springfield, Illinois

62794-9276

(217)

782-5544

THIS

FILiNG

SUBMITIEED

ON RECYCLED

PAPER