Fd,4y2620
Re:
Illinois
EnvironmentalProtection
Agency
v.
D
&
B
Refuse
Service,
Inc.
and
Steve
Loveall
IEPA
File
No.
82-09-AC;
139030000
1—Moultrie
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
,.......Einancial
Record
eview,
regarding
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)
dayappeal
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.
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
SouthState,
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
May
19,
2009
John
Therriault,
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
Assistant
Counsel
Complainant,
)
AC
v
)
v.
)
(JEPA
No.
82-09-AC)
)
D
&
B
REFUSE
SERVICE,
INC.
and
)
STEVE
LOVEALL,
)
Respondents.
)
NOTICE
OF
FILING
To:
D&B
Refuse
Service,
Inc
Steve
Loveall
Steve
Loveall,
Registered
Agent
8
Bayhill
Drive
8
Bayhill
Drive
Sullivan,
IL
61951
Sullivan,
IL
61951
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
the
FINANCIAL
RECORD
REVIEW.
Assistant
Counsel
IllinoisEnvironmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
Dated:
May
19,
2009
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
Complainant,
)
AC
“.1
)
(IEPA
No.
82-09-AC)
O7
v.
)
)
/
D
&
B
REFUSE
SERVICE,
INC.
and
)
‘V
STEVE
LOVEALL,
)
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
D&B
Refuse
Service,
Inc.
is
the
permitted
operator
and
Steve
Loveall
is
the
permitted
owner
(“Respondents”)
of
a
facility
located
at
8
Bayhill
Drive,
Sullivan,
Moultrie
County,
Illinois.
2.
That
said
facility
is
a
sanitary
landfill,
operating
under
Illinois
Environmental
Protection
Agency
Permit
No.
I
974-87-DE,
1974-87-OP
and
Supplemental
Permit
No.
2008-277
and
is
designated
with
Site
Code
No.
1390300001.
The
facility
is
commonly
known
to
the
Illinois
Environmental
Protection
Agency
as
D&B
Refuse
Service.
3.
That
Respondents
have
owned/operated
said
facility
at
all
times
pertinent
hereto.
4.
That
on
April
15,2009,
Ronald
A.
McCormick
of
the
Illinois
Environmental
Protection
Agency’s
Springfield
Office
completed
a
Financial
Record
Review
of
documents
for
the
D
&
B
I
VIOLATIONS
Based
upon
direct
observations
made
by
Ronald
A.
McCormick
during
the
course
of
his
April
15,
2009
inspection
of
those
records,
the
Illinois
Environmental
Protection
Agency
has
determined
that
Respondents
violated
the
Illinois
Environmental
Protection
Act
(hereinafter,
the
“Act”)
as
follows:
(1)
That
Respondents
conducted
a
sanitaiy
landfill
operation,
which
is
required
to
have
a
permit
under
subsection
(d)
of
this
Section,
in
a
manner
which
resulted
in
any
of
the
following
conditions:
failure
to
submit
any
cost
estimate
for
the
site
or
any
performance
bond
or
other
security
for
the
site
as
required
by
this
Act
or
Board
rules,a
violation
of
Section
21(o)(13)
of
the
Act,
415
ILCS
5/21
(o)(13)
(2006).
CIVIL
PENALTY
Pursuant
to
Section
42(b)(4)
of
the
Act,
415
ILCS
5/42(b)(4)
(2006),
Respondents
are
subject
to
a
civil
penalty
ofFive
Hundred
Dollars
($500.00)
for
each
of
the
violations
identified
above,
for
a
total
of
Five
Hundred
Dollars
($500.00).
If
Respondents
elect
not
topetition
the
Illinois
Pollution
Control
Board,
thestatutory
civil
penalty
specified
above
shall
be
due
andpayable
no
later
than
June
30,
2009,
unless
otherwise
provided
by
order
of
the
Illinois
Pollution
Control
Board.
If
Respondents
elect
to
contest
this
Administrative
Citation
by
petitioning
the
Illinois
Pollution
Control
Board
in
accordance
with
Section
31.1of
the
Act,
415
ILCS
5/31.1
(2006),
and
if
the
Illinois
2
Pursuant
to
Section
31.1
(d)(l)
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
a
finding
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
thatpayment
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
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
orthe
Illinois
Pollution
Control
Board
shall
enter
a
default
judgment
against
the
Respondents.
ç,)tc__’L
fI
Y
Date
Douglas
.
Scott,
Director
Illinois
Environmental
Protection
Agency
Prepared
by:
Susan
E.
Konzelmann,
Legal
Assistant
Division
of
Legal
Counsel
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
4
v.
)
D
&
B
REFUSE
SERVICE,
INC.
and
)
STEVE
LOVEALL,
)
1Th,
/‘G/AIA
Respondents.
)
I
V,9
FACILITY:
D
&
B
Refuse
Service
SITE
CODE
NO.:
1390300001
COUNTY:
Moultrie
CIVIL
PENALTY:
$500.00
DATE
OF
INSPECTION:
April
15,
2009
DATE
REMITTED:
SS/FEIN
NUMBER:
SIGNATURE:
NOTE
Please
enter
the
date
of
your
remittance,
yourSocial
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
vs.
)
IEPA
DOCKET
NO.
)
D&B
Refuse
Service
Steve
Loveall
Registered
Agent,
)
Respondent
)
(.2
/
Affiant,
Ronald
AMcCormick,
being
first
duly
sworn,
voluntarily
deposes
and
states
as
follows:
1.
Affiant
is
an
Accountant
employed
by
the
Bureau
of
Land
of
the
Illinois
Environmental
Protection
Agency
and
has
been
so
employed
at
all
times
pertinent
hereto.
2.
On
April
15,
2009,
Affiant
completed
a
Financial
Record
Review
of
documents
for
a
sanitary
landfill
located
in
Moultrie
County,
Illinois,
and
known
as
D&B
Refuse
Service
by
theIllinois
Environmental
Protection
Agency.
Said
site
has
been
assigned
LPC
#
1390300001,
and
is
operated
under
IEPA
Permit
No.
1974-
87-DE,
1
974-87-OP.
Supplemental
Permit
No.
2008-277,
Log
No.
2008-2007,
issued
October
7,
2008.
3.
Affiant
conducted
a
Financial
Record
Review
by
reviewing
the
Bureau
of
Land
records
and
the
financial
assurance
instruments
submitted
by
D&B
Refuse
Service.
4.
As
a
result
of
the
Financial
Record
Review
D&B
Refuse
does
not
have
financial
assurance
and
the
site
is
still
out
of
compliance
with
35
Ill.
Adm.
Code,
Subtitle
0,
Subpart
F,
Sections
601
and
603
as
well
as
21(d)1,
21(d)(2),
21(o)(13),
and
21.1(a)
of
the
Act.
fk
1”?
Ronald
A
McCormick
Subscribed
worn
To
Bore
Me
This
Day
of
i-.-X
@,
ki
Financial
File
Facility
and
Operator:
D
&
B
Refuse
Service
P0
Box
256
Sullivan,
IL
61951
Owner:
Steve
Loveall
RR#3
Sullivan,
IL
61951
Type
of
Facility:
Solid
WasteLandfill
FacilityStatus:
Certified
Closed
Reviewer:
Ronald
A
McCormick
Phone#:
785-7726
Date
of
review:
April
15,
2009
Violations
Noted?
Yes
X
No
Summary
of
Apparent
Violations
1.
35
III.
Adm.
Code,
Subtitle
G,
Subpart
F,
Section
807.601
—
Failure
to
provide
financial
assurance.
2.
35
Ill.
Adm.
Code,
Subtitle
G,
Subpart
F,
Section
807.603
—
Failure
to
maintain
adequate
financial
assurance
3.
21(d)(1)
of
the
Act
—
Failure
to
provide
financial
assurance
4.
21(d)(2)
of
the
Act
—
Failure
to
complywith
35
Iii.
Adm.Code,
Subtitle
G,
Subpart
F,
Section
807.60
1
and
Section
807.603
5.
21.1(a)
of
the
Act
—
Failure
to
maintain
adequate
financial
assurance.
Cost
Estimate:
Permit
No.
1974-87-DE/OP,
Supplemental
Permit
No.
2007-277-SP,
Log
No.
2008-277
issued
October
7,
2008
has
an
approved
cost
estimate
for
post-closure
care
of
$48,502.00.
The
next
post-closure
cost
estimate
is
due
January
1,
2010.
Financial
Assurance
Mechanism:
None.
A
violation
notice
was
sent
on
May
9,
2008
and
a
reply
was
received
by
the
agency
on
June
23,
2008.
The
agency
rejected
the
CCA
on
June
26,
2008
because
no
financial
assurance
was
received.
On
October
14,
2008
a
Letter
of
Credit
was
received
by
the
agency
and
the
LOC
was
rejected
and
returned
on
October
15,
2008
for
failing
to
comply
with
the
requirements
of
35
Iii
Adm.
Code
Section
807.664.
Documents
Reviewed:
Permit
No.
1974-87-DE/OP,
Supplemental
Permit
No.
2007-
277-SP,
Log
No.
2008-277,
REIDS
database,
Financial
Assurance
Database,
and
FACTS
Comments:
database.
Since
D&B
Refuse
has
remained
out
of
compliance
a
request
for
Administrative
Citation
has
been
prepared
in
accordance
with
21(0)(13)
of
the
Act.
D&B
Refuse
Service,
Inc.
Mr
Steve
Loveal!
B
Bayhill
Drive
Sullivan,
Illinois
61951
Re:
1390300001
-
Moultrie
County
Pennit
Loveall
Ns.
I
974-87-DE
and
1974-87-OP
Supplemental
Permit
No.
2008-277-SP
Log
No.2008-277
Permit
Landfill
807
File
Permit
Approval
Dear
Mr.
Loveall:
RECEIVED
CLER<’S
OFFICE
MAY
262009
STATE
OP
ILLINOIS
P0lItj
Control
Board
1t
Supplemental
permit
is
hereby
granted
to
D&B
Refuse
Service,
Inc.,
as
owner
and
operator,
to
modify
the
post-closure
care
for
the
above
referenced
facility,
pursuant
1035
Illinois
Administrative
Code
(hereinafter
IAC)
Subtitle
G,
Part
807,
all
in
accordance
with
the
application
signed
and
sealed
by
Josepb
W.
Truesdale,
P.E.
of
CSD
Environmental
Services,
Inc.
on
July
7,
2008.
Final
plans,
specifications,
application
and
supporting
documents
as
submitted
and
approved
shall
constitute
part
of
this
permit
and
are
identified
on
the
records
of
the
Illinois
Environmental
Protection
Agency,
Bureau
of
Land
by
the
permit
number(s)
and
log
nunibet(s)
designated
in
the
heading
above.
Specifically,
Supplemental
Permit
No.
2008-277-SP
approves
the
revised
post-closure
care
cost
estimate.
Additionally,
the
Illinois
EPA
is
modifying
the
pcnnht
pursuant
to
Permit
Section
procedures:
Condition
6
was
added
requiring
submittal
of
compliance
with
Section
39(i)
of
the
Act.
The
application
approved
by
Supplemental
Permit
No.
2008-277-SP
consists
of
the
following
Document
documents:
Dated
Date
Received
Original
Application
No.2008-277
Log
July
7,
2008
July
10,
2008
July
23,
2008
Rtcu41
-
4302
Noiih
Main
Sbeel,
Rockfo.4
IL
61103-
(815)
987-7760
•
Dis
ft
-
9511
W.
Hair,
Si.,
Des
Pblnes,
IL
60016.
(847)
294-4000
ELGSI
-595
So.h
Ewe,
EISIn
II.
60123-
(847k
6063131
•
PiOm
-
541
SN.
Unlve,sky
S..
Feada,
IL
61614—
(3091693-5463
BuesMi
os
Imo-
-
7620
N.
UnIve,siy
St.
Peada.
II.
61614-
(3091693-5462
•
Cv.’AicII
-2125
Swib
Fiw
Stme.
Oanipa
6.61820-
(217)
278-5800
-4500
&
Sixth
Sueet
Rd.,
Spdrifield,
IL
62706
-(217)
786-6892
•
CcuaevILu
-2009
MaIl
Sised
CaIlbisvIIIe
U.
62234-1618)346.5120
Mow-2309W.
MainSL.5uUe
116Marion,
1L62959-(618)9937200
Additional
Information
July
24
2008
This
site
is
subject
to
a
minimum
post-closure
care
period
of
fIfteen
years.
The
post-
closure
care
period
began
on
October
8,
1994.
2.
Financial
assurance
shall
be
maintained
by
the
operator
in
accordance
with
35111.
Adm.
Code,
Subtitle
G,
Part
807,
Subpart
F
in
an
amount
equal
to
the
current
cost
estimate
for
post-closure
care.
The
current
cost
estimate
is
$48,502.00.
3.
The
operator
shall
file
a
revised
cost
estimate
for
post-closure
care
at
least
eveiy
two
years
in
accordance
with
35111.
Mni.
Code,
Subtitle
G,
Part
807,
Subpart
F.
The
next
revised
cost
estimate
is
due
on
or
before
January
1,
2010.
4.
Prior
conduct
certification
is
no
longer
required
because
this
facility
has
been
certified
to
have
completed
closure.
5.
Groundwater
and
leachate
monitoring
data
required
by
the
permit
must
be
submitted
in
an
electronic
format.
The
information
is
to
be
submitted,
as
fixed-width
text
files
formatted
as
found
at
www.eia.statcil.us/land/waste-mgmt/groundwater
monitoring.html.
6.
Effective
upon
issuance
of
Supplemental
Permit
No.
2008-277-SP,
the
permittee(s)
shall
submii.a
39(i)
certification
and
supporting
documentation
within
30
days
of
issuance
of
Supplemental
Permit
No.
2008-277-SP
and
thereafter
within
30
days
of
any
of
the
following
events:
a.
The
owner
or
officer
of
the
owner,
or
operator,
or
any
employee
who
has
control
over
operating
decisions
regarding
the
facility
has
violated
federal,
State,
or
local
laws,
regulations,
standards,
or
ordinances
in
the
operation
of
waste
management
facilities
or
sites;
or
b.
The
owner
or
operator
or
officer
of
the
owner,
or
operator,
or
any
employee
who
has
control
over
operating
decisions
regarding
the
facility
has
been
convicted
in
this
or
another
State
of
any
crime
which
is
a
felony
under
the
laws
of
this
State,
or
conviction
of
a
felony
in
a
federal
court;
or
c.
The
owner
or
operator
or
officer
of
the
owner,
or
operator,
or
any
employee
who
has
control
over
operating
decisions
regarding
this
facility
has
committed
an
act
of
gross
carelessness
or
incompetence
in
handling,
storing,
processing,
transporting,
or
disposing
of
waste.
Except
as
modified
in
the
above
documents,
the
site
shall
be
developed
and
operated
in
accordance
with
the
terms
and
conditions
of
Permit
Nos.
1974-87-DE
and
1974-87-OP,
dated
October
4,
1974
and
January
12,
1976,
respectively,
and
with
other
pennits
issued
for
this
site.
The
original
and
two
(2)
copies
of
all
certifications,
logs,
reports,
and
groundwater
monitoring
chemical
analysis
forms
which
are
required
to
be
submitted
to
the
Illinois
EPA
by
the
permittee
should
be
mailed
to
the
following
address:
Illinois
Environmental
Protection
Agency
Permit
Section
Bureau
of
Land
—
#33
1021
North
Grand
Avenue
East
Post
Office
Box
19276
Springfield,
Illinois
62794-9276
Within
35
days
of
the
date
of
mailing
of
the
Illinois
EPA’s
final
decision,
the
applicant
may
petition
for
a
hearing
before
the
Illinois
Pollution
Control
Board
to
contest
the
decision
of
the
Illinois
EPA,
however,
the
35-day
period
for
petitioning
for
a
hearing
may
be
extended
for
a
perIod
of
time
not
to
exceed
90
days
by
written
notice
provided
to
the
Board
from
the
applicant
and
the
illinois
EPA
within
the
35-day
Initial
appeal
period.
Work
required
by
this
permit,
your
application
or
the
regulations
may
also
be
subject
to
other
laws
governing
professional
services,
such
as
the
Illinois
Professional
Land
Surveyor
Act
of
1989,
the
Professional
Engineering
Practice
Act
of
1989,
the
Professional
Geologist
Licensing
Act,
and
the
Structural
Engineering
Licensing
Act
of
1989.
This
pennit
does
not
relieve
anyone
from
compliance
with
these
laws
and
the
regulations
adopted
pursuant
to
these
laws.
All
work
that
falls
within
the
scope
and
definitions
of
these
laws
must
be
performed
in
compliance
with
them.
The
illinois
EPA
may
refer
any
discovered
violation
of
these
laws
to
the
appropriate
regulating
authority.
Sincerely,
P.
bcc:
Bureau
File
Mana
er
Permit
Section
Champaign
Region
Bureau
of
Land
Hope
Wnght
SFN:1:bjh08901s.doc
Greg
Moms
‘-1
Attachment:
Standard
Conditions
cc:
Joseph
W.
Truesdale,
P.E.,
CSD
Environmental
Services,
Inc.
Counties)
Evaluation
Date:
711612008
Evaluation
Type:
SOV
Inspector/Review:
McCormick
Region:
Champaign
No
records
of
Notices
are
present.
Schedule
for
Violations
compliance
date
Resolved
date
Violation
dropped
21(d)(l)
7117/2008
21(d)(2)
7/1712008
21(o)(1
3)
7/17/2008
21.1(a)
7/1712008
807.601
7/17/2008
807.603
7/17/2008
Card
Certified
Next
Receipt
Action
Action
Action
Date
Date
Next
Action
Due
Date
No
Actions
have
been
recorded.
ttw//hnlwebhnl
enR
ctRteil
j/
VNSvc
em/evnluaticrn1D.asn?Eva1uatinn1D771
7R
3/9/200
Financial
File
Facility
and
Operator:
D
&
B
Refuse
Service
P0
Box
256
Sullivan,
IL
61951
Owner:
Steve
Loveall
PR
#3
Sullivan,
IL
61951
Type
of
Facility:
Solid
Waste
Landfill
Facility
Status:
Certified
Closed
Reviewer:
Ronald
A
McCormick
Phone#:
785-7726
I
RELEASABLE
Date
of
review:
February
29,
2008
JUL
172008
Violations
Noted?
Yes
X
No
REVIEWER
MD
Summary
of
Apparent
Violations
1.
35
III.
Adm.
Code,
Subtitle
G,
Subpart
F,
Section
807.601
—
Failure
to
provide
financial
assurance.
2.
35
111.
Adm.
Code,
Subtitle
G,
Subpart
F,Section
807.603
—
Failure
to
maintain
adequate
financial
assurance
3.
III.
Adm.
Code,
Subtitle
G,
Subpart
F,
Section
807.623
—
Failure
to
provide
biennial
post-closure
cost
estimate
4.
21(d)(1)
of
the
Act
—
Failure
to
provide
financial
assurance
5.
21(d)(2)
of
the
Act
—
Failure
to
comply
with
35
Ui.
Adm.
Code,
Subtitle
G,
Subpart
F,
Section
807.601,
Section
807.603,
and
Section
807.623
period
began
on
October
8,
1994.
Cost
Estimate:
Permit
No.
1974-87-DE/OP,
Supplemental
Permit
No.
2004-081-SP,
Log
No.
2004-081
datedSeptember
28,
2004
has
an
approved
cost
estimate
for
post-
closure
care
of$147,500.00.
The
permit
also
required
the
operatorto
provide
a
revised
cost
estimate
forpost
closure
on
or
before
January
1,
2006.
A
revised
estimate
has
not
been
received
by
IEPA.
Financial
Assurance
Mechanism:
None.
LOC
#
03-42
expired
December
12,
2007
and
no
alternate
financial
assurance
has
been
sent
to
JEPA.
Documents
Reviewed:
Permit
No.
1974-87-DE/OP,
Supplemental
Permit
No.
2004-
081-SP,
Log
No.
2004-08
1,
LOC
#03-42,
REIDS
database,
Financial
Assurance
Database,
and
FACTS
database.
Comments:
A
violation
notice
for
failure
to
maintain
financial
assurance
will
be
prepared.
The
date
of
the
next
review
is
November
15,
2008.
ni
viii
deposits
Isuginige
which
does
tiot
upply)
We
hereby
einbbsh
our
Irrevocable
Standby
Letter
of
Credit
No.
_..Q.az42
—
in
your
favor,
at
th
reueer
and
forthe
account
0fD
&
BRefuseInc.
tip
t
the
nggreoIc
of
—
147
,000.00
U.S.
dollars
(S
‘°oq.
avai)nble
upon
presetttnhion
I.
your
eight
d.rsil.
beanzig
refcrene
to
this
lettet
of
credit
No.
03—42
Namc
and
address
of
issuing
institution
200
S.
Hamilton
Sullivan,
IL.,
61951
44
II
I
II
I
I
1I
2.
your
sigtied
stoternent
reoditig
as
follows;
‘1
cenhfy
that
the
antouni
of
the
draft
is
payable
pursuant
to
regulations
1uecl
under
euthorily
of
the
Eu
onmental
Protection
Act.
111.
Rev,
Stiit
l93.
eli.
111
112.
pair.
1001
Ct
sei.
end
35
111,
Mm.
code
gv7.,(4(.
This
letter
of
credit
is
effective
as
of
December
12,
2003
nad
shall
expire
December
12,
2Q.
such
exriiutiotl
dote
shall
be
aut
naticadly
extended
for
one
perus
of
twelve
months
stuiling
with
the
expiration
date
il
the
Opermot
foils
ii
substitute
alternate
financial
assurance
prior
to
the
epinn:on
of
this
letter
of
cierili
and
you
notify
us
ot
such
failure
within
30
clays
atiter
the
above
expiration
(late.
Whenever
this
letter
of
credit
is
drawn
on
tinder
and
itt
coruptiitnce
with
the
te.vnis
of
this
credit,
we
hiit1
duly
hi-snot’
such
,tr(t
upirn
ti,
up,
ncl
we
shall
deposit
the
antount
of
the
draft
Ltitzctly
inlu
the
Suite
of
illinois
landfill
closure
iid
p(it-clnsuie
Ittisil
ii
accordance
with
yot
insuuctions,
This
letter
Coiwnerculi
Code
(Ill
Rev,
SLat.
1983.
cIt.
26.
pars.
1-Illiet
‘9.).
Typed
Nati,e
Larry
11.
Stengr
—
Title
Regional
President
Date
12—12—2003
This
credit
uict
to
the
Uniform_Custom
and
Practice
for
Documentary
Credits,
1993
Revision,
ICC
Publication
#500,
except
as
far
as
otherwise
expressly
stated.
çswurce:
Added
at
9
El.
Reg.
6722.
effective
April
29.
1985;
otriended
at
9111.
Reg.
18942.
cfte,.tjve
November
25.
)85
D
&
B
Refuse
Service
MAIL
Attention:
Steve
Loveall
RETURN
RECEIPT
REQUESTED
P.O.
Box
256
7004
2510
0001
8587
1991
Sullivan,
U
61951
Re:
Violation
Notice,
L-2008-O1
168
RELEASABLE
1390300001
Moultrie
County
MAY
21
2OI
D
&
B
Refuse
Service
Compliance
File
REVIEWER
Dear
Mr.
Loveall:
This
constitutes
a
Violation
Notice
pursuant
to
Section
31(a)(1)
of
the
Illinois
Environmental
Protection
Act,
415
1LCS
5/31(a)(1),
and
is
based
a
record
review
completed
on
February
29,
2008
by
a
representative
of
the
Illinois
Environmental
Protection
Agency
(“illinois
EPA”).
The
Illinois
EPA
hereby
provides
notice
of
alleged
violations
of
environmental
statutes,
regulations,
or
permits
as
set
forth
in
the
attachment
to
this
notice.
The
attachment
includes
an
explanation
of
the
activities
that
the
Illinois
EPA
believes
may
resolve
the
specified
alleged
violations,
including
an
estimate
of
a
reasonable
time
period
to
complete
the
necessary
activities.
Due
to
the
nature
and
seriousness
of
the
violations
cited,
please
be
advised
that
resolution
of
the
violations
may
require
the
involvement
of
a
prosecutorial
authority
for
purposes
that
may
include,
among
others,
the
imposition
of
statutory
penalties.
A
written
response,
which
may
include
a
request
for
a
meeting
with
representatives
of
the
Illinois
EPA,
must
be
submitted
via
certified
mail
to
the
Illinois
EPA
within
45
days
of
receipt
of
this
notice.
The
response
must
address
each
alleged
violation
specified
in
the
attachment
and
include
for
each
an
explanation
of
the
activities
that
will
be
implemented
and
the
time
schedule
for
the
completion
of
that
activity.
If
a
meeting
is
requested,
it
shall
be
held
within
60
days
of
receipt
of
this
notice.
The
written
response
will
constitute
a
proposed
Compliance
Commitment
Agreement
(“CCA”)
pursuant
to
Section
31
of
the
Act.
The
Illinois
EPA
will
review
the
proposed
CCA
and
will
accept
or
reject
it
within
30
days
of
receipt.
If
a
timely
written
response
to
this
Violation
Notice
is
not
provided,
it
shall
be
considered
a
waiver
of
the
opportunity
to
respond
and
to
meet
provided
by
Section
31(a)
of
the
Act,
and
the
Illinois
EPA
may
proceed
with
a
referral
to
the
prosecutorial
authority.
R0CKF0RD
—4302
North
Main
Street,
ROCkfOrd,
IL
61103
—(815)
957-7760
•
DES
PIJINES
—9511
W.
Harrison
St.,
Des
Plairies,
IL
60016
—(847)
294-4000
ELCIN
—595
South
State,
Elgin,
II
60123
—
(847)
608-3131
•
PEORIA
—5415
N.
University
St.,
Peoria,
IL
61614—
(309)
693-5463
UREAU
OF
LAND
-
PEORIA
—7620
N.
University
SI,
Peoria,
IL
61614—
(309)
693-5462
•
Ci?,ipMc1
—2125
South
First
Street,
Champaign.
1161820—
(217)
278-5800
SPRINGFIELD
—
4500
S.
Sixth
Street
Rd.,
Springfield,
IL
62706
—(217)
786-6892
•
COLL1NSVIU.E
—
2009
MalI
Street,
Collinsville,
IL
62234
—(618)
346-5120
MARION
—
2309
W.
Main
St.,
Suite
116,
Marion,
IL
62959
—(618)
993-7200
PRINTED
ON
RECYCLED
PAPER
All
communications
must
include
reference
to
your
Violation
Notice
Number,
L-2008-01168.
If
you
have
questions
regarding
this
matter,
please
contact
Ron
McCormick
at
217/785-7726.
Sincerely,
David
Wa
ten,
Manager
Waste
Reduction
and
Compliance
Section
Bureau
of
Land
DW:KJT:RM
agencies
and
institutions,
or
any
unit
of
local
government;
provided,
however,
that
any
other
persons
who
conduct
such
a
waste
disposal
operation
on
a
site
which
may
be
owned
or
operated
by
such
govermnent
entity
must
provide
financial
assurance
for
closure
and
post-closure
care
of
the
site.
b)
Financial
assurance
is
required
of
all
sites
which,
on
or
after
March
1,
1985,
accepts
waste
disposal
for
indefinite
storage.
A
violation
of
35
Ill.
Adm.
Code,
Subtitle
G,
Subpart
F,
Part
807.601
for
the
following
reasons:
D
&
B
Refuse
Service
failed
to
provide
financial
assurance.
Letter
of
credit
#0342
expired
on
December
12,
2007
and
no
alternate
form
of
financial
assurance
was
submitted
to
Illinois
EPA.
2.
Pursuant
to
Ill.
Adm.
Code
Subtitle
G,
Subpart
F,
Part
807.603
a)
The
operator
must
maintain
financial
assurance
equal
to
or
greater
than
the
current
cost
estimate
at
all
times
except
as
provided
in
this
section.
b)
The
operator
must
increase
the
total
amount
of
financial
assurance
to
equal
the
current
cost
estimate
within
90
days
after
any
of
the
following:
1)
An
increase
in
the
current
cost
estimate
2)
A
decrease
in the
value
of
a
trust
fund
3)
A
determination
by
the
Agency
that
an
operator
no
longer
meets
the
gross
revenue
or
financial
test
or
4)
Notification
by
the
operator
that
the
operator
intends
to
substitute
alternate
financial
assurance
A
violation
of
35
111.
Adm.
Code,
Subtitle
G,
Subpart
F,
Part
807.603
is
alleged
for
the
following
reasons:
D
&
B
Refuse
Service
failed
to
maintain
adequate
financial
assurance.
Letter
of
Credit
#
03-42
expired
on
December
12,
2007
and
no
alternate
form
of
financial
assurance
has
been
provided
to
Illinois
EPA.
current
operations
and
regulations.
The
operator
must
certify
either
that
the
plans
are
consistent
or
must
file
an
application
reflecting
new
plans.
c)
The
operator
must
prepare
new closure
and
post-closure
cost
estimates
reflecting
current
prices
for
the
items
included
in
the
estimates.
The
operator
must
file
revised
estimates
even
if
the
operator
determines
that
there
are
no
changes
in
the
prices.
A
violation
of
35
Iii.
Adm.
Code
Subtitle
G,
Subpart
F,
Part
807.623
is
alleged
for
the
following
reasons:
I)
&
B
Refuse
Service
failed
to
provide
biennial
post-closure
cost
estimate
In
accordance
with
Permit
No.
1974-87-DE/OP,
Supplemental
Permit
No.
2004-081-SP,
Log
No,
2004-081
dated
September
28,
2004,
which
required
that
a
revised
cost
estimate
for
post
closure
care
be
submitted
to
the
Illinois
EPA
on
or
before
January
1,
2006.
4.
Pursuant
to
Section
21(d)(1)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/21
(dX
1)),
no
person
shall
conduct
any
waste-storage, waste-treatment,
or
waste-
disposal
operation without
a
permit
granted
by
the
Agency
or
in
violation
of
any
conditions
imposed
by
the
permit,
including
periodic
reports
and
full
access
to
adequate
records
and
the
inspection
of
facilities,
as
may
be
necessary
to
assure
compliance
with
the
Act
and
with
regulations
and
standards
adopted
by
the
Board
under
this
Act.
A
violation
of
Section
21(d)(l)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/21(d)(1))
is
alleged
for
the
following
reason:
D
&
B
Refuse
Service
failed
to
provide
financial
assurance
and
failed
to
provide
biennial
post-closure
cost
estimate
in
accordance
with
Permit
No.
1974-87-DE/OP,
Supplemental
Permit
No.
2004-081-SP,
Log
No.
2004-081
dated
September
28,
2004.
The
permit
required
that
a
revised
cost
estimate
for
post
closure
care
be
submitted
to
Illinois
EPA
on
or
before
January
1,
2006
and
the
permit
has
an
approved
post
closure
cost
estimate
of
$147,500.00
5.
Pursuant
to
Section
21
(d)(2)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5121(d)(2)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
waste-disposal
operation
in
violation
of
any
regulations
or
standards
adopted
by
the
Board
under
this
Act.
A
violation
of
Section
21(d)(2)
of
the
[Illinois]
Environmental
Protection
Act
(415
ILCS
5/21(d)(2)),
is
alleged
for
the
following
reason:
D
&
B
Refuse
Service
failed
to
comply
for
the
purpose
of
closure
of
the
site
and
post-closure
in
accordance
with
this
Act
and
regulations
A
violation
of
415
ILCS
5/1
Section
21.1(a)
of
the
[Illinois)
Enviromnental
Protection
Act
(415
ILCS
5/21.1(a))
is
alleged
for
the
following
reason:
D
&
B
Refuse
Service
failed
to
provide
biennial
post-closure
cost
estimate
in
accordance
with
Permit
No.
1974-87-DEIOP,
Supplemental
Permit
No.
2004-81-SP,
Log
No.
2004-081
dated
September
28,
2004
SUGGESTED
RESOLUTIONS
Immediately
submit
an
updated
post
closure
cost
estimate
pursuant
to Permit
No.
197447-
DE/OP,
Supplemental
Permit
No.
2004-081-SP,
Log
No.
2004-081
dated
September
28,
2004
and
submit
financial
assurance
in
accordance
with
35111.
Code
Subtitle
G,
Subpart
F,
SectIon
807.601
and
Section
807.603.
The
written
response
to
this
Violation
Notice
must
include
information
in
rebuttal,
explanation,
or
justification
of
each
alleged
violation
and
must
be
submitted
to
the
Illinois
EPA
by
certified
mail within
45
days
of
receipt
of
this
Violation
Notice.
The
written
response
must
also
include
a
proposed
Compliance
Commitment
Agreement
that
commits
to
specific
remedial
actions,
includes
specified
times
for
achieving
each
commitment,
and
may
include
a
statement
that
compliance
has
been
achieved..
Illinois
Environmental
Protection
Agency
Bureau
of
Land
#24
Attention:
Kathy
Thomlinson
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
IL
62794-9276
Re:
Violation
Notice,
1-2008-01168
1390300001
Moultrie
County
D
&
B
Refuse
Service
Compliance
File
Dear
Ms.
Thomlinson:
Pursuant
to
your
letter
dated
May
9,
2008,
0
&
response
to
resolve
the
violations
cited
in
your
letter:
CERTIFIED
MAIL
RECEIVED*
JUN
2
4
2008
IEPA/BQL/VVRCS
B
Refuse
offers
the
following
1)
A
revised
closure
cost
estimate
is
provided
for
the
remaining
1.5
years
of
post
closure
care.
The
cost
estimate
is
$48,502.
2)
Financial
assurance
in
accordance
with
35
III.
Code
Subtitle
G,
Subpart
F,
Section
807.601
and
Section
807.603
will
be
provided
within
30
days
of
the
date
of
this
letter.
If
you
have
any
questions
please
feel
free
to
contact
me
at
the
number
below
or
by
email
at
cdaviscsdenviro.com.
•1
reIy,
Cindy
S.
Davis,
P.G.
President
Cc:
Steve
Loveall
ELESAL
JUN
27
2008’
REVIEWER
MD
SPRINGFIELD
OFFICE:
2220
Yale
Boulevard
Springfield.
Hllnois
62703
.
(217)
522-4085
•
Fax
(217)
522-4087
CENTRAUA
OFFICE:
201
East
3rd
Street.
Centralia,
IllInois
62801
.
(618)
533-5953•
Fax
(618)
533-8564
N
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±
CERTIFIED
MAIL
RETURN
RECEIPT
REQUESTED
7004
2510
0001
8587
2387
D&BRefus
Attention:
Steve
Loveall
P.O.
Box
256
Sullivan,
IL
61951
PFLEASABLE
Re:
Rejection
of
Compliance
Commitment
Agreement
MI&Y
21
2308
Violation
Notice,
I...-2008-01168
1390300001
--
Moultrie
County
•D&BRefuse
Compliance
File
Dear
Mr.
Loveall:
The
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”)
REJECTS
the
June
23,
2008
Compliance
Commitment
Agreement
(“CCA”)
proposed
by
CSD
Environmental
Services,
Inc.
on
behalf
of
D
&
B
Refuse
in
response
to
the
May
9,
2008
Violation
Notice.
The
June
23,
2008
proposed
CCA
is
rejected
because
the
post-closure
cost
estimates
were
not
submitted
as
part
of
a
supplemental
permit
application,
nor
was
finaiicjal
assurance
in
the
amount
of
the
most
current
cost
estimate
included
with
the
proposed
CCA.
Because
the
violations
remain
the
subject
of
disagreement
between
the
Illinois
EPA
and
I)
&
B
Refuse,
this
matter
will
be
considered
for
referral
to
the
Office
of
the
Attorney
General,
the
State’s
Attorney
of
Moultrie
County,
or
the
United
States
Environmental
Protection
Agency
for
formal
enforcement
action
and
the
imposition
of
penalties.
Written
communications
should
be
directed
to:
Attn:
Illinois
EPA
Kathy
Tomlinson
Bureau
of
Land
#24
1021
North
Grand
Avenue
East
Post
Office
Box
19276
Springfield,
IL
62794-9276
RocoRO
—4302
North
Main
Street,
Rockford,
IL
61103
—(815)
987-7764)
•
055
PI.Awas
—9511
W.
Harrison
St..
Des
Plaines,
IL
60016—
(647)
294-4000
ELGIN
—
595
South
State,
Elgin,
IL
60123
—(847)
608-3131
•
PEORIA
—
5415
N.
University
St.,
Peoria,
IL
61614—
(309)
693-5463
BURIAU
OF
LAND
-
PEORLA
—
7620
N.
University
St.,
Peoria,
IL
61614—
(309)
693-5462
•
CHAAWAIGN
—2125
South
First
Street,
Champaign,
II
61820
—(217)
278-5800
SPRINGFWW
—4500S.
Sixth
Street
Rd.,
Springfield,
IL
62706—1217)
786-6892
•
COWNSVILIE
—
2009
MalI
Street,
Cottinsvi(te,
IL
62234—
(616)
346-5120
MARION
—2309
W.
Main
St.,
Suite
116,
Marion,
IL
62959
—(618)
993-7200
PRIED
ON
RSCYCLEO
PAPER
Sincerely
David
Walters,
Manager
Waste
Reduction
and
Compliance
Bureau
of
Land
cc:
DW:RM:kjt
Cindy
Davis
—
CSD
Environmental
Services,
Inc.
July
17,
2008
D&
B
Refuse
Service
AUn:
Steve
Loveall
P.O.
Box
256
Sullivan,
IL
61951
Re:
1390300001
--
Moultrie
County
M-2008-01168
D
&
B
Refuse
Service
Compliance
File
Dear
Mr.
Loveall:
The
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”)
is
in
receipt
of
CSI)
Environmental
Services,
Inc’s
July
7,
2008
response
to
the
May
9,
2008
Violation
Notice
(L—2008-0l
168)
submitted
on
behalf
ofD
&
B
Refuse
Service.
Based
upon
a
review
of
this
response,
the
.Illinois
EPA
has
detennined
that
D&
B
Refuse
Service
has
returned
to
compliance
for
the
apparent
violations
of
35
Ill.
Adm.
Code,
Section
807.623.
Please
note,
although
D
&
B
Refuse
Service
has
returned
to
compliance
for
the
above
violation,
the
Illinois
EPA
reserves
the
right
to
pursue
further
enforcement.
Additionally,
the
violations
alleged
in
the
May
9,
2008
Violation
Notice
for
failure
to
provide
proper
financial
assurance
remain
outstanding
and
must
be
addressed.
If
you
have
any
questions
regarding
this
letter,
please
contact
Ron
McCormick
at
217/785-7726.
Sinc
ly,
David
Walters,
Manager
RELEASABLE
Waste
Reduction
and
Compliance
Section
Bureau
of
Land
JUL
22
2008
DW:RMcC:kjt
REVIEWER
MD
ROCKFORD
—4302
North
Main
Street,
Rocldord,
IL
61103
—(815)
987-7760
•
DEs
PLAINtS
—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
REAl)
OF
LAND
-
PEORIA
—7620
N.
University
St.,
Peoria,
1161614
—(309)
693-5462
•
CHAMPAIGN
—2125
South
First
Street.
Champaign,
IL
61820
—(217)
278-5800
SPRtNGFIftD
—4500
S.
Sixth
Street
Rd.,
Springfield,
II
62706
—(217)
786-6892
•
COLLINSV1LLE
—
2009
MaIl
Street,
CoIIinsviIle,
II
62234
—(618)
346-5120
MrnoN
—
2309
W.
Main
St.,
Suite
116,
Marion,
IL
62959
—(618)993-7200
Pmrrso
ON
RECYCLED
PAPER
Illinois
Environmental
Protection
Agency
Attention:
Mr.
Kyle
Davis
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
IL
62794-9276
Re:
Notice
of
Intent
Letter
for
Violation
Notice,
1-2008-01168
LPC
#
1390300001
—
Moultrie
County
0
&
B
Refuse
Service,
Inc.
Compliance
File
Dear
Mr.
Davis:
Mr.
Loveall
is
in
receipt
of
your
Notice
of
Intent
Letter
dated
August
29,
2008
for
violation
notice
1-2008-01168.
Mr.
Loveall
received
a
return
to
compliance
letter
dated
July
17,
2008
in
regard
to
Violation
Notice
L-2008-01168.
The
July
17,
2008
letter
also
stated
that
the
outstanding
issue
for
financial
assurance
must
be
addressed.
In
response
to
this
request,
Mr.
Loveall
hereby
provides
an
lrrovocable
Standby
letter
of
Credit
from
First
Mid-Illinois
Bank
and
Trust,
Sullivan
IL
in
the
amount
of
$47,000.00.
If
you
have
any
questions
please
contact
me
at
the
number
below
or
by
email
at
cdavis@csdenviro.com
Cindy
S.
Davis,
P.G.
President
LiASABLE
OCT
162008
REViEWER
MD
SPRINGFIELD
OFFICE:
2220
Yale
Boulevard
•
Springfield,
Illinois
62703
.
(217)
522-4085
•
Fax
(217)
522-4087
F
CODY
RECEiVED
Division
of
Legal
Counsel
Cc:
Mr.
Steve
l.oveall
OCT
14
21108
Environmental
Protection
Agency
CENTRALIA
OFFICE:
201
East
3rd
Street
Centralia,
lUinois
62801
a
(618)
533-5953
•
Fax
(618)
533-5564
RETURN
RECEIPT
REQUESTED
October
15,
2008
D&B
Refuse
Steve
Loveall
-
President
&
Registered
Agent
8
Bayhill
Dr
Sullivan,
IL
61951
Re:
1390300001
—
Moultrie
County
D&B
Refuse
Financial
File
Dear
Mr.
Loveall:
The
Illinois
EPA
is
returning
First
Mid-Illinois
Bank
&
Trust
Letter
of
Credit
No.
08-32
for
the
following
reasons.
1.
The
Letter
of
Credit
was
not
written
on
the
forms
specified
in
Appendix
A
illustration
E
of
35
111.
Adin.
Code
Section
807.
2.
The
Letter
of
Credit
was
not
written
for
4
years
as
required
by
35111.
Adrn.
Code
Section
807.664(g)(1).
3.
The
Letter
of
Credit
was
not
issued
in the
amount
equal
to
th
current
cost
estimate
of
$48,502.00
contained
in
Permit
No.
1974-87-DE,
1974-87-OP,
Supplemental
Permit
No.
2008-277,
Log
No.2007-277,
dated
October
7,
2008.
Also,
the
Letter
of
Credit
was
not
accompanied
by
a
letter
from
the
operator
or
owner
referring
to
the
Letter
of
Credit
by
number,
the
name
and
address
of
the
issuing
institution,
and
the
effective
date
of
the
letter
along
with
the
name
and
address
of
the
site
and
the
amount
of
the
funds
assured
for
closure/post-closure.
Enclosed
is
a
copy
of
Section
807.664
for
your
reference
and
Appendix
A,
Illustration
E
of
Section
807
for
the
proper
format
of
the
Letter
of
Credit.
RELEA$ALE
If
you
have
any
questions please
contact
me
at
(217)
785-7726.
OCT
222008
RocKFoRo
—4302
North
Main
Street.
Rockford,
IL
61103—
(815)
987.7760
•
Dss
PLANES
—9511
W.
Harrison
St.,
Des
ELGN
—595
South
State,
Elgin,
IL
60123—
(847)
608-3131
•
PEORIA
—
5415
N.
University
St.,
Peoria,
IL
61614—
(309)
693-5463
BUREAU
OF
Lo
-
PEo
—
7620
N.
University
St.,
Peoria,
IL
61614—
(309)
693-5462
•
CHAMPAIGN
—2125
South
First
Street,
Champaign,
II.
61820—
(217)
278-5800
SPIuNGFIELD
—4500
S.
Sixth
Street
Rd..
Springfield,
IL
62706
—(217)
786-6892
•
Cot.LINsvILLr
—
2009
MalI
Street,
Collinsville,
IL
62234—
(618)
346-5120
MaIoN
—
2309
W.
Main
St.,
Suite
116,
Marion,
IL
62959
—(618)
993-7200
Accountant
Compliance
Unit
IEPA
-
BOL
Enclosures
Letter
of
Credit
08-32
Section
807.664
Letter
of
Credit
Section
807
Appendix
A
Financial
Assurance
Forms
IlLustration
E
Irrevocable
Standby
Letter
of
Credit
cc:
Cindy
S
Davis
-
CSD
Environmental
Services
bcc:
Bol
File
Ronald
A
McCormick
Beneficiary Name
and
Address
Name
and
Address
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
0
&
B
REFUSE
SERVICE
INC
1021
NORTH
GRAND
AVENUE
EAST.
P0
BOX
19276.
SPRINGFIEI.0.
IL
8
BAYH1LI.
DR
-
62794-9276
SULLIVAN,
Ii.
61951-0256
LEUER
OF
CREDIT.
Issuer
establishes this
Irrevocable
Standby
Letter
of
Credit
(Letter
of
Credit)
in
favor
of
Beneficiary
in
the
amount
indicated
above.
Beneficiary
may
draw
on
this
Letter
of
Credit
with
a
Draft
(or
Drafts,
if
the
maximum
number
of
drawings
is
greater
than
one)
together
with
the
documents
described
below.
Each
Draft
shall
be
signed
on
behalf
of
Beneficiary
and
be
marked
‘Drawn
under
(Issuer
name]
Letter
of
Credit
No.
IZer:er
of
Credit
number]
dated
ILetter
of
Credit
dateJ.
Drafts
must
be
presented
at
Issuer’s
address
shown
above
on
or
before
the
Expiration
Date.
The
presentation
of
any
Draft
shall
reduce
the
Amount
available
under
this
Letter
of
Credit
by
the
amount
of
the
Draft.
This
Letter
of
Credit
sets
forth
in
full
the
terms
of
Issuer’s
obligation
to
Beneficiary.
This
obligation
cannot
be
modified
by
any
reference
in
this
Letter
of
Credit,
or
any
document
to
which
this
Letter
of
Credit
may
be
related.
This
Letter
of
Credit
expires
on
the
Expiration
Date.
DRAWINGS.
[
Partial
drawings
shall
not
be
permitted
under
this
Letter
of
Credit.
D
Partial
drawings
are
permitted.
The
maximum
azunber
of
drawings
that
may
be
made
is
DOCUMENTS.
Each
Draft
must
be
accompanied
by
the
following,
an
original
aix!
two
copies
except
as
stated:
[XI
The original
Letter
of
Credit,
together
with
any
amendments.
[XI
A
sight
draft
drawn
by
Beneficiary
on
Issuer.
(XI
A
signed
statement
by
Beneficiary
including
the
following
statement:
APPLICANT
HAS
FAILED
TO
MEET
THE
TERMS
OF
AGREEMENT
BETWEEN
APPLICANT
AND
BENEFICIARY.
[XI
Other
documents:
COPY
OF
BENEFICIARY’S
BILLING
STATEMENT
TO
THE
CUSTOMER
REFLECTING
THE
AMOUNT
OWED.
Issuer
shall
be
entitled
to
accept
a
draft
and
the
documentation
described
above,
as
required
by
the
terms
of
this
Letter
of
Credit,
from
any
person
purporting
to
be
an
authorized
officer
or
representative
of
Beneficiary
without
any
obligation
or
duty
on
the
part
of
Issuer
to
verify
the
identity
or
authority
of
the
person
presenting
the
draft
aix!
such
documentation.
SPECiAL
INSTRUCTIONS:
A
SIGHT
DRAFT
DRAWN
UNDER
THIS
LETTER
OF
CREDIT
MUST
BE
MARKED
DRAWN
UNDER
FIRST
MID-ILLINOIS
BANK
&
TRUST.
N.A.
IRREVOCABLE
STANDBY
LETTER
OF
CREDIT
NO.08
-32
-.
ANY
AMENDMENT
TO
THE
TERMS
OF
TIllS
LETTER
OF
CREDIT
MUST
BE
IN
WRITING
SIGNED
BY
AUTHORIZED
OFFICERS
OF
THE
BANK.
Iuvocabf
Stamdby
Letter
of
Cr.dit
LC.STANOBY
eI21l2001
VMPO
Barni
SysansTt
VUPCSI2
107081.00
Woltars
Kh,wr
Flnandal
Ssivcaa
02001.
2007
.
i
Chamber
of
Commerce
Publication
No.
600
(UCP).
or
any
later
version
or
iementlment.
[XI
the
Intcrnaticnal
Standby
Practices
1998
(ISP9S).
This
Letter
of
Credit
shall
also
be
governed
by
the
laws
of
ILLINOIS
,the
United
States
of
America,
so
long
as
such
laws
are
not
inconsistent
with
the
UCP
or
ISP,
as
applicable.
FIRST
MID
ILUNOIS
BANK
&]RUST.
NA
(Sig)
(Dais)
LARRY
STENGER.
REGiONAL
PRESiDENT
(Sigir
riane
aal
This)
Irwc.b.
Si.ndby
.eUei
ot
Ci.dk
LC.STANDBY
612112007
VMP®
Sanke,.
Sy.neTM
VMPC6I2
O706).0O
Wo.
KI,r
Financid
Svlc.s
O2001
2007
Initrals:
Page
2
ol
2
AFFIDAVIT,
and
the
FINANCIAL
RECORD
REVIEW
/
To:
D&B
Refuse
Service,
[nc
Steve
Loveall
d14
Steve
Loveall,
Registered
Agent
8
Bayhill
Drive
8
Bayhill
Drive
Sullivan,
IL
61951
Sullivan,
IL
61951
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
Michelle
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
STJBMJTTED
ON
RECYCLED
PAPER
