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
PAT
QUINN,
GOVERNOR
DouGlAs
P.
Scorr,
DIRECTOR
(217)
782-9817
TDD:
(217)
782-9143
May
6,
2009
John
Therriault,
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
RCEVED
CLERK’S
OFFICE
MAY
112009
STATE
OF
ILliNOIS
Pollution
Control
Board
Re:
Illinois
Environmental
Protection
Agency
v.
Gordon
Investment
Group,
LLC
IEPA
File
No.
80-09-AC;
1090155029—McDonough
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.
Enclosures
ROCKFORD
— 4302
North
Main
Street,
Rocklord,
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
Thank
you
for
your
cooperation.
Michelle
M.
Assistant
Counsel
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOA
OFFICE
ADMINISTRATIVE
CITATION
MIY
112009
STATE
OF
ILUNOIS
ILLINOIS
ENVIRONMENTAL
)
PolIuton
Control
Board
PROTECTION
AGENCY,
)
)
/4
Complainant,
)
AC
)
v.
)
(LEPA
No.
80-09-AC)
)
GORDON
iNVESTMENT
GROUP,
LLC,
)
)
Respondents.
)
NOTICE
OF
FILING
To:
Gordon
Investment
Group,
LLC
c/o
Roderic
Gordon,
Registered
Agent
1300
White
Chapel
Lane
Algonquin,
Illinois
60102
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.
.c
Assistant
Counsel
Illinois
Environmental Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box 19276
Springfield, Illinois
62794-9276
(217)
782-5544
Dated:
May
6,
2009
THIS
FILING
SUBMITTED
ON RECYCLED
PAPER
RECEVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
uv
MriT
i
i
nnq
ADMINISTRATIVE
CITATION
STATE
OF
ILUNO1S
Pollution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA No. 80-09-AC)
)
GORDON INVESTMENT
GROUP,
LLC,
)
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
Gordon Investment
Group,
LLC is the present
owner
(“Respondents”)
of a
facility
located at 601 E.
Osborn Street,
Bushnell,
McDonough County,
Illinois.
The
property
is
commonly known
to
the Illinois
Environmental Protection
Agency
as Country Gardens
Mobile
Home
Park.
2.
That
said
facility is
an
open
dump operating
without
an Illinois
Environmental
Protection
Agency Operating Permit
and is
designated with
Site Code No. 1090155029.
3.
That
Respondent’s
have owned said
facility at all
times pertinent
hereto.
4.
That
on March 26,
2009, Robert J. Wagner
of the
Illinois Environmental
Protection
Agency’s Peoria
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 —
‘
O ,Illinois
EPA
sent
this Administrative
Citation via
Certified
Mail
No. 7Oo’
OOO
3(
4
i3
VI
OLATIONS
Based
upon direct
observations
made by Robert
J. Wagner during
the
course of
his
March
26, 2009 inspection
of the
above-named
facility, the Illinois
Environmental
Protection
Agency
has
determined
that
Respondent’s
have violated the
Illinois
Environmental
Protection
Act
(hereinafter,
the “Act”)
as
follows:
(1)
That Respondent’s
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 5121(p)(l)
(2006).
(2)
That Respondent’s
caused or allowed
the
open
dumping of waste
in
a manner
resulting
in open burning,
a
violation
of
Section 21(p)(3)
of the Act, 415
ILCS
5/21
(p)(3) (2006).
(3)
That Respondent’s
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),
Respondent’s
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 Four Thousand
Five Hundred
Dollars
($4,500.00).
If
Respondent’s
elect
not
to petition the Illinois
Pollution
Control
Board,
the statutory
civil
penalty
2
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’s
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,
Respondent’s
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’s
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, Respondent’s
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’s
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’s
in Circuit Court to
collect said
penalty and/or
hearing costs,
plus any
interest
accrued.
3
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent’s
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 Respondent’s
elect
to
contest
this
Administrative
Citation,
then
Respondent’s
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’s.
1
Date:
Douglas
. Scott,
Director
Illinois Environmental
Protection
Agency
Prepared
by:
Susan E.
Konzelmann,
Legal Assistant
Division
of
Legal Counsel
Illinois
Environmental
Protection
Agency
1021 North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
(217)
782-5544
4
ECEVED
CLERK’S
OFFICE
REMITTANCE
FORM
MAY
1
1
STATE
OF
iLUNOj
ILLINOIS ENVIRONMENTAL
)
POllUtion
Control
Board
PROTECTION
AGENCY,
)
Complainant,
)
AC
LI
v.
)
(IEPA
No.
80-09-AC)
)
GORDON
INVESTMENT
GROUP,
LLC,
)
)
Respondents.
FACILITY:
Country
Gardens
Mobile
Home
Park
SITE CODE
NO.:
1090155029
COUNTY:
McDonough
CIVIL
PENALTY:
$4,500.00
DATE OF
INSPECTION:
March 26,
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
lECpg
-zFK’S
OFFICE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
AFFIDAVIT
POllutionSTA’rE
OF
ControlILLINr
8oacg
IN
THE
MATTER
OF:
)
I
kC
IEPA
DOCKET
NO.
RESPONDENT
Affiant,
Robert
J.
Wagner,
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
March
26,
2009,
between
10:40
a.m.
and
11:10
a.m.,
Affiant
conducted
an
inspection
of
the
open
dump
in
McDonough
County,
Illinois,
known
as
Country
Gardens
Mobile
Home
Park,
Illinois
Environmental
Protection
Agency
Site
No.
1090155029.
3.
Affiant
inspected
said
Country
Gardens
Mobile
Home
Park
open
dumpsite
by
an
on-site
inspection,
which
included
walking
the
site
and
photographing
the
site.
4.
As
a
result
of
the
activities
referred
to
in
Paragraphs
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
Country
Gardens
Mobile
Home
Park
open
dump.
/
7-
day
of
L4
Notary
Public
“&FFJCIAL
SEAL”
Nciy
BarbaraPubh,
E.
Stue
Lindley
of
JUino.s
Expre3j7
Subscribed
and
Sworn
me this
Responsible
Party
Mailing Address(es)
and Phone Number(s):
ILLINOIS ENVIRONMENTAL
PROTECTION
AGEr?é
8
OFFICE
Open Dump
Inspection Checklist
MAY
112009
STATE
OF
ILLINOIS
County:
McDonough
LPC#:
1090155029
Regi&Ol1UtflWPI
Board
Location/Site
Name:
Bushnell
/ Country Gardens
Mobile Home Park
Date:
03/26/2009
Time: From
10:40
a.m.
To 11:10 a.m. Previous
Inspection Date:
02/16/2005
Inspector(s):
Robert J. Wagner
Weather:
55
F, Sunny,
Dry
No. of Photos
Taken:
#
15
Est.
Amt. of Waste:
10
yds3
Samples Taken: Yes
#
No
Interviewed:
Rodger Markley
and Rod
Gordon
Complaint #:
C-2009-029-P
Latitude:
40.554
Longitude:
090.49678
Collection Point
Description:
Dump
Location -
(Example:
Lat.:
41 .26493
Long.:
-89.38294)
Collection
Method:
GPS -
Gordon
Investment Group,
LLC
%
Roderic
Gordon, Registered
Agent
1300 White
Chapel Lane
Algonquin, Illinois
60102
SECTION_[
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL
PROTECTION ACT
REQUIREMENTS
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
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
LI
(2)
In Violation
of Any
Regulations
or Standards Adopted
by
the Board
DISPOSE,
TREAT,
STORE,
OR ABANDON
ANY WASTE,
OR TRANSPORT ANY
WASTE
INTO THE
STATE AT/TO SITES
NOT MEETING
REQUIREMENTS
OF
ACT
7.
21(e)
AND
REGULATIONS
CAUSE
OR ALLOW
THE OPEN
DUMPING OF ANY
WASTE IN A MANNER
WHICH RESULTS
8.
21(p)
IN
ANY
OF THE
FOLLOWING
OCCURRENCES AT
THE DUMP SITE:
(1)
Litter
(2)
Scavenging
LI
(3)
Open
Burning
(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
6/21/2007
(Open Dump - 1)
Deposition of:
(I)
General
Construction or Demolition Debris as defined in
Section
(7)
3.160(a); or (ii) Clean Construction or Demolition Debris
as defined in Section
3.160(b)
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping of Any
Used
or Waste
Tire
LI
(2)
Cause or Allow Open Burning of Any
Used
or Waste
Tire
LI
35
ILLINOIS ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
10.
812.101
(a)
OPERATE
FAILURE TO
A LANDFILL
SUBMIT
AN APPLICATION FOR A PERMIT TO
DEVELOP AND
LI
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
ALL LANDFILLS REGULATED
UNDER THIS PART
SHALL FILE AN INITIAL
FACILITY
REPORT WITH
THE AGENCY AS SPECIFIED
IN THIS SUBPART
TO PROVIDE
INFORMATION
CONCERNING LOCATION
AND DISPOSAL PRACTICES
OF
THE
15.
81 5.201
FACILITY
LI
LI
LI
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.
LPC#
1090155029
Inspection Date:
03/26/2009
Revised 6/21/2007
(Open Dump - 2)
1090155029
-- McDonough
County
Country Gardens
Mobile
Home Park
FOS
Prepared
By:
Robert 3. Wagner
Inspection Date:
March 26, 2009
Page
1
Narrative
On March 23,
2009, I received
a
citizen complaint (C-2009-029-P) that Country
Gardens Mobile
Home
Park in Bushnell,
IL was chopping up mobile homes and
burning
the
debris in the center
of the mobile
home park. On March 26, 2009, I conducted an Open Dump
Inspection at the site.
The
site is owned and operated
by Gordon Investment Group,
LLC and is located at 601 E.
Osborn
Street, Bushnell Illinois.
(See
property
deed and site map.)
I arrived
at the site at 10:40 a.m. There
were two areas where waste
materials were open
dumped and
being open burned during the inspection. For the purpose of this report, these two
areas will
be
referred
to as Burn Pile 1 and Burn Pile 2. (See site sketch.) I talked to two men
who were
standing next
to Burn Pile 1. They did
not identify
themselves
but
said they work for
the
mobile home
park. One of the men said they were given permission
by
the Bushnell Police
Department and the Bushnell
Fire Department to burn waste material from
the demolition of
mobile homes.
One
of
men called Rodger Markley, manager of
the
mobile home park. Mr. Markley gave
permission to
walk and photograph the property. Photographs 1, 2, 3, and 4 show
Burn
Pile
1.
Photographs
5, 6, 7,
8, 9
10,
11, 12, 13, 14, and 15 show Burn Pile 2.
The photographs show
open dumped
burning piles of processed wood, metal, and insulation.
I spoke via telephone
with Roderic Gordon, registered agent for Gordon Investment Group, LLC.
He said that he was not aware of
the open burning taking place at the mobile home
park. I
told
Mr. Gordon
that open
dumping and open burning waste were prohibited by the Illinois
Environmental
Protection Act and Illinois
Pollution Control Board
Regulations. He instructed
Mr. Markley to
stop the open burning of the mobile home debris. I told Mr. Gordon that
all
the
debris had to be taken to an JEPA permitted landfill
for proper
disposal
and to
keep all receipts
from the disposal
of the debris for submittal to the Agency.
Ileft the site at 11:10a.m.
The following alleged violations
were observed and indicated on the Open Dump Inspection
Checklist:
1.
Pursuant to
Section 9(a) of the {Illinois}
Environmental Protection Act (415 ILCS
5/9(a)), no person
shall cause or threaten or allow
the discharge
or emission of
any
contaminant
into the environment
in any State
so
as to cause or tend
to
cause air pollution
in
Illinois, either alone
or in combination
with contaminants
from other sources, or so as
to violate
regulations
or
standards adopted
by
the
Board
under this Act.
A violation
of Section
9(a) is alleged
for the
following reason: Evidence of
open
burning
which would
cause or tend
to cause air pollution in Illinois was observed
during
the inspection.
1090155029 -- McDonough County
Country
Gardens Mobile
Home
Park
FOS
Prepared By: Robert J. Wagner
Inspection
Date: March 26, 2009
Page 2
2.
Pursuant
to
Section 9(c) of
the
{Illinois}
Environmental Protection
Act (415
ILCS
5/9(c)), no person shall cause or allow the open burning
of refuse, conduct
any salvage
operation by open burning, or cause or allow the burning of
any refuse in
any chamber
not
specifically
designed for the purpose and approved
by
the
Agency
pursuant
to
regulations
adopted by
the Board
under
this Act.
A
violation of Section
9(c)
is
alleged for the following reason:
Evidence
of open
burning was
observed during
the inspection.
3.
Pursuant to Section 21(a) of the {Illinois} Environmental
Protection Act
(415 ILCS
5/21(a)), 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.
4.
Pursuant to
Section 21(d)(2)
of the {Illinois} Environmental
Protection
Act
(415 ILCS
5/21 (d)(2)),
no person
shall conduct any waste-storage,
waste-treatment,
or
waste-
disposal
operation
in violation
of any regulations or standards
adopted
by the Board
under this Act.
A
violation of Section 21 (d)(2) is
alleged for the following reason:
A waste disposal
and
waste treatment operation was conducted in
violation of regulations
adopted
by the
Illinois Pollution Control Board.
5.
Pursuant to Section 21(e) of the {Illinois} Environmental
Protection Act
(415
ILCS
5/21(e)),
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.
A violation of Section
2
1(e) is alleged for the following reason: Waste
was disposed
and
treated
at this site which does not meet
the requirements of the Act
and
regulations
thereunder.
6.
Pursuant to Section 21(p)(l) of the {Illinois
}
Environmental
Protection
Act (415
ILCS
5/2l(p)(l)), no person shall, in violation of subdivision
(a) of this Section,
cause or allow
the open
dumping
of any waste in a manner which results in
litter.
The
prohibitions specIed in this subsection
(v) shall be enforceable by the
Agency
either
by
administrative citation under Section 31.1
of this Act
or
as otherwise provided
by this
Act. The
specific prohibitions
in this subsection do not limit
the power of the
Board
to
establish
regulations or standards
applicable to open dumping.
1090155029
-- McDonough
County
Country
Gardens Mobile
Home
Park
FOS
Prepared
By: Robert
J. Wagner
Inspection
Date:
March 26,
2009
Page
3
A violation of
Section 21(p)(l)
is alleged
for the following
reason: The
open dumping
of waste
was caused
or
allowed in
a manner which resulted
in litter.
7.
Pursuant to
Section
21
(p)(
3)
of
the {Illinois}
Environmental
Protection Act
(415
ILCS
no
person
shall, in violation of
subdivision
(a)
of
this
Section, cause or allow
the open
dumping
of any waste
in a manner
which results in
open burning.
A violation
of Section
2l(p)(3) is alleged for
the following reason:
The open dumping
of waste
was
caused
or allowed
in a manner which
resulted in open
burning.
8.
Pursuant
to Section 2l(p)(7)
of the
{Illinois} Environmental
Protection Act
(415
ILCS
5
/
21
(p)(
7
)),
no person
shall
cause
or allow the open
dumping of waste in
a manner that
results
in
deposition
of (i) general
construction
or demolition debris as
defined
in
Section
3.160(a)
of this Act;
or (ii) clean
construction
or demolition debris
as
defined
in
Section
3.160(b)
of this
Act.
A violation
of Section
21
(p)(
7)
is alleged for
the
following
reason:
The open dumping
of waste
was caused
or allowed in
a manner which
resulted in deposition
of general
or clean
construction
or
demolition
debris.
9.
Pursuant
to Pursuant
to 35
Ill.
Adm. Code 8 15.201,
all
landfills
regulated
under this
Part
shall file an initial
facility report
with the Agency
as specified in
this Subpart to provide
information
concerning
location
and disposal practices
of the facility.
A violation
of 35 Ill. Adm.
Code
815.201 is
alleged for the following
reason: An initial
facility
report
was
not filed with the Agency.
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Burn
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Burn
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4
Site Sketch
1090155029
-- McDonough
County
Country
Gardens
Mobile
Home Park
FOS
Inspection
Date: March
26, 2009
Prepared
By: Robert
J. Wagner
Not To
Scale
I
I
L
1-’
7
DIRECTION:
Photograph
taken
toward
the
east.
PHOTOGRAPH
NUMBER:
1
PHOTOGRAPH
FILE
NAME:
10901
5502903262009-00
1
.jpg
COMMENTS:
The
photograph
shows
processed
wood,metal
debris,
and
insulation
burning
on
the
property.
DATE:
March
26,
2009
TIME:
10:5
1
a.m.
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph
taken
toward
the
southeast.
PHOTOGRAPH
NUMBER:
2
PHOTOGRAPH
FILE
NAME:
10901
55029-03262009-002.jpg
COMMENTS:
The
photograph
shows
processed
wood,metal
debris,
and
insulationburning
on
the
property.
DOCUMENT
FILE
NAME:
10901
5502903262009.doc
DIRECTION:
Photograph
taken
toward
the
northwest.
PHOTOGRAPH
NUMBER:
3
PHOTOGRAPH
FILE
NAME:
10901
55029—03262009-003.jpg
COMMENTS:
The
photograph
shows
processed
wood,metal
debris,and
insulation
burning
on
the
property.
DATE:
March
26,
2009
TIME:
10:5
1
am.
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photographtaken
toward
the
northwest.
PHOTOGRAPH
NUMBER:
4
PHOTOGRAPH
FILE
NAME:
10901
5502903262009-004.jpg
COMMENTS:
The
photograph
shows
processed
wood,
metal
debris,
and
insulationburning
on
the
property.
DOCUMENT
FILE
NAME:
10901
55029’032620O9.doc
DIRECTION:
Photograph
taken
toward
the
southwest.
PHOTOGRAPH
NUMBER:
5
PHOTOGRAPH
FILE
NAME:
10901
5502903262009-005
.jpg
COMMENTS:
The
photograph
shows
processed
wood,
metal
debris,
and
insulation
burning
on
the
property.
DATE:
March
26,
2009
TIME:
10:57
a.m.
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photographtaken
toward
thesouthwest.
PHOTOGRAPH
NUMBER:
6
PHOTOGRAPH
FILE
NAME:
10901
5502903262009-006.jpg
COMMENTS:
The
photograph
shows
processed
wood,
metal
debris,
and
insulationburning
on
theproperty.
DOCUMENT
FILE
NAME:
10901
5502903262009.doc
DIRECTION:
Photograph
taken
toward
the
southwest.
PHOTOGRAPH
NUMBER:
7
PHOTOGRAPH
FILE
NAME:
10901
5502903262009-007.jpg
COMMENTS:
The
photograph
shows
processed
wood,metal
debris,and
insulation
burning
on
the
property.
DATE:
March
26,
2009
TIME:
10:57a.m.
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photographtaken
toward
the
southeast.
PHOTOGRAPH
NUMBER:
8
PHOTOGRAPHFILE
NAME:
10901
5502903262009-008.jpg
COMMENTS:
The
photograph
shows
processed
wood,
metal
debris,
and
insulationburning
on
the
property.
DOCUMENT
FILE
NAME:
10901
5502903262009.doc
DIRECTION:
Photograph
taken
toward
the
southeast.
PHOTOGRAPH
NUMBER:
9
PHOTOGRAPH
FILE
NAME:
10901
5502903262009-009.jpg
COMMENTS:
The
photograph
shows
the
charred
skeletal
remains
of
a
mobilehome
trailer.
DATE:
March
26,
2009
TIME:
10:57a.m.
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph
taken
toward
the
south.
PHOTOGRAPH
NUMBER:
10
PHOTOGRAPH
FILE
NAME:
10901
55029—03262009-0
1
0.jpg
COMMENTS:
The
photograph
shows
the
charred
skeletal
remains
of
a
mobilehome
trailer.
DOCUMENT
FILE
NAME:
10901
5502903262009.doc
DIRECTION:
Photograph
taken
toward
the
northwest.
PHOTOGRAPH
NUMBER:
11
PHOTOGRAPH
FILE
NAME:
1090
155029—M3262009-01
1
.jpg
COMMENTS:
The
photograph
shows
processed
wood,
metal
debris,
and
insulationburning
on
the
property.
DATE:
March
26,2009
TIME:
10:58a.m.
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph
taken
toward
the
north.
PHOTOGRAPH
NUMBER:
12
PHOTOGRAPH
FILE
NAME:
10901
55029’-03262009-012.jpg
COMMENTS:
The
photograph
shows
processed
wood,
metal
debris,
and
insulationburning
on
the
property.
DOCUMENT
FILE
NAME:
10901
5502903262009.doc
DIRECTION:
Photograph
taken
toward
the
northwest.
PHOTOGRAPH
NUMBER:
13
PHOTOGRAPH
FILE
NAME:
10901
5502903262009-0
13
.jpg
COMMENTS:
The
photograph
shows
the
trailer
park.
DATE:
March
26,
2009
TIME:
10:59a.m.
PHOTOGRAPHED
BY:
Robert
J.
Wagner
DIRECTION:
Photograph
taken
toward
the
north.
PHOTOGRAPH
NUMBER:
14
PHOTOGRAPH
FILE
NAME:
10901
5502903262009-0
1
4.jpg
COMMENTS:
The
photograph
shows
the
charred
remains
of
processed
wood,
sewer
pipe,
insulation,
and
a
broken
window.
DOCUMENT
FILE
NAME:
10901
55029’03262009.doc
DIRECTION:
Photographtaken
toward
the
north.
PHOTOGRAPH
NUMBER:
15
PHOTOGRAPH
FILE
NAME:
10901
55029-03262009-0
1
5.jpg
COMMENTS:
The
photograph
shows
the
charred
remains
of
processed
wood,
sewer
pipe,
insulation,
and
a
broken
window.
DOCUMENT
FILE
NAME:
10901
55029’—03262009.doc
:
672
Rstc’dr
Pie..
Racôrd.4:
3
Dotint
F..:
I2.9.7
C.*h
1i*I:
CTR
toint
T’,ns
T.x:
$73.2
$1.1,
Tinafir’
T..
411S.O
1tSP
Sw’h.rs:
f1f
2006:
.O.00
4u’hNed
8y:
OBta
Recorded:
5/1/20DB
10:3855
AM
WARRANTY
DEED
MeDonough
County
Recorder
of
Deeds
The
Grantor,
LEO
F
HkRI’..,
survivrng
joint
tenant
of
DEBRA
A
HARN.
for
and
in
consideration
of
Ten
Dollars
($10.00)
and
other
good
and
valuable
consideration
in
hand
paid.
does
sell,
convey
and
warrant
nato
GORDON
INVESTMENT
GROUP,
LLC,
the
following
described
real
estate,
to-wit:
A
pdrt
ol
Lots
One
(1)
Five
(5)
Six
(6)
and
Seven
(7)
of
part
ci
the
Northwest
Quarter
(NW
114)
of
Section
Thirty$our
(34),
Township
Seven
(7),
Range
One
(1)
West
of
the
Fourth
Principal
Meridian,
McDonough
County,
illinois;
Beginning
at
a
point
on
the
North
Line
of
theNorthwest
Quarter
of
Section
34
which
is
323.00
feet
West
of
the
NE
corner
of
said
Section
34,
said
point
also
being
the
‘W
corner
of
the
Prairie
Saddle
Club
Tract;
thence
South
16
degrees
40
minutes
00
seconds
East
along
said
Westerly
Line
of
said
Prairie
Saddle
Club
Tract
for
441.47
feet;
thence
South
2
degrees
58
mmutes
00
seconds
West
for
366.22
feet:
thence
North
65
degrees
40
minutes
00
seconds
West
for
472.1
feet;
thence
South
27
degrees
20
minutes
00
seconds
West
for
145,00
feet
to
a
point
on
the
North
Line
of
Osborn
Street,
thence
North
62
degrees
40
minutes
00
seconds
West
along
the
North
Line
of
Osborn
Street
for
386.50
feet
to
the
East
Line
of
Miller
Street;
thence
North
27
degrees
20
minutes
00
seconds
East
along
the
East
Line
of
Miller
Street
for
950.85
feet
to
the
point
of
intersection
of
the
East
Line
of
Miller
Street
and
the
Southeasterly
Line
of
a
6000
foot
easement;
thence
South
33
degrees
56
minutes
20
seconds
East
along
said
Southeasterly
Line
of
said
easement
for
216.66
feet
to
the
NW
corner
of
Lot
13
of
Watson
Park
Addition;
thence
South
27
degrees
20
minutes
00
seconds
West
along
the
West
Line
of
said
Lot
13
for
100.88
feet
to
a
point
on
the
South
Line
of
Lot
13;
thence
South
62
degrees
40
minutes
00
seconds
East
along
said
South
Line
of
Lot
l3
for
155.25
feet
to
the
SE
corner
of
said
Lot
13:
thence
North
88
degrees
30
minutes
25
seconds
East
for
55.65
feet;
thence
North
89
degrees
46
minutes
40
seconds
East
for
174.75
feet
to
the
Point
of
Beginning;
containing
13.6
acres
more
or
less;
said
property
also
subject
to
any
and
all
easements
of
record;
and
according
to
a
S.trsey
as
shown
in
the
Rcorde?s
OffiLe
of
McDorough
County,
tilmois
in
Sun
eyor
s
Record
3
at
page
217.
Tax
ID
4:
03-000483M0
All
situated
in
the
County
of
MeDonough,
in
the
State
of
Illinois,
hereby
releasing
and
waiving
all
rights
under
and
by
virtue
of
the
Homestead
Exemption
Laws
of
this
State.
This
is
not
Homestead
Property.
grantee
assumes
and
agrees
to
pay.
DATED:
LEO
F.
HARN.
b
TRTNA
BOYS,
Power
of
Attorney
STATE
OF
ILJJNOIS
))
ss.
COUNTY
OF
MeDONOUGH
)
I,
the
undersigned,
Notary
Public
in
and
for
said
County,
in
the
State
aforesaid,
do
hereby
certify
that
KATRINA
BOYS,
Power
of
Attorney
for
LEO
F.
HARN,
personally
known
to
me
to
be
the
same
person
whose
name
is
subscribed
to
the
foregoing
instrument,
appeared
before
me
this
day
in
person
and
acknowledged
that
he
signed
said
instrument
as
his
free
and
voluntary
act,
for
the
use
and
purpose
therein
set
fotih.
Given
under
my
hand
and
notarial
seal
on
2008.
Pamela
S.
Huston
NOTARY
PUBLIC
Notav
Pubhc,
Siae
of
flhinoi
My
CommasionFpOO9
MAIL
SUBSEQUENT
TAX
BILLS
TO:
Gordon
Investment
Group,
LLC
1300
White
Chapel
Lane
Algonquin,
IL
60102
THIS
INSTRUMENT
PREPARED
BY:
WESTERVELT,
JOHNSON,
NICOLL
&
KELLER,
LLC
Mi
dAmerica
Banking
Center
130
North
Side
Square,
2”°
Floor
Post
Office
Box
383
Macomb,
illinois
61455
Phone:
309.83&2900
Fax:
3098362844
RECEVED
CLERK’S
OFFICE
MVy
I
2009
PROOF
OF
SERVICE
STATE
OF
ILLINOIS
I hereby
certify
that
I did on
the 6th
day of
May
2009,
send by
Certified
Pollutiofl
Mail,
Control
Return
Receipt
board
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:
Gordon
Investment
Group,
LLC
do
Roderic
Gordon,
Registered
Agent
1300
White
Chapel
Lane
Algonquin,
Illinois
60102
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
Pollution
Control
Board
James
R. Thompson
Center
100 West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
(k
Micht1e
M. Ryan
Assistant
Counsel
Illinois
Environmental
Protection
Agency
1021 North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
