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
RECEVED
CLERK’S
OFFICE
MAY
2 92009
STATE
OF
ILLINOtS
olluton
Control
Boara
frQq
I
Dear Mr.
Therriault:
Enclosed
for filing
with
the
Illinois
Pollution
Control
Board,
please
find
the original
and
nine
true and
correct copies
of the Administrative
Citation
Package,
consisting
of the
Administrative
Citation, the
inspector’s
Affidavit,
and
the
inspector’s
Illinois Environmental
Protection
Agency
Open
Dump
Inspection
Checklist,
issued
to the
above-referenced
respondent(s).
On this
date, a copy
of
the Administrative
Citation Package
was
sent to
the Respondent(s)
via
Certified
Mail. As
soon
as I receive
the
return
receipt, I
will promptly
file
a copy with
you,
so
that the Illinois
Pollution
Control Board
may calculate
the
thirty-five
(35) day
appeal period
for
purposes
of
entering a
default
judgment
in
the
event
the
Respondent(s)
fails or
elects not
to file
a
petition
for review
contesting
the Administrative
Citation.
If you
have
any questions
or
concerns,
please
do
not
hesitate
to
contact me
at the number
above.
Thank
you
for your cooperation.
S
ncerely,
Michel
e
M
Ryan
Assistant
Counsel
Enclosures
ROCKFORD
- 4302
North
Main
Street, Rockford,
IL 61103
— (815)
987-7760
.
DEs PLAINES
— 951 1 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 Mall Street,
Coltinsville,
IL 62234 —(618)
346-5120
.
MARION
—2309W.
Main
St.,
Suite
116,
Marion,
IL
62959
—(618)
993-7200
PRINTED ON
RECYCLED PAPER
(217)
782-9817
TDD:
(217)
782-9143
May27,
2009
John
Therriault,
Clerk
Illinois
Pollution Control
Board
James R. Thompson
Center
100
West Randolph
Street,
Suite 11-500
Chicago,
Illinois
60601
Re:
Illinois
Environmental
Protection
Agency
v. Montel
&
Aneita
Metzger
IEPA
File No.98-09-AC;
203
8050003—Woodford
County
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
RECVED
CLERKS
OFFICE
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
MA!
2
i
x
STATE
QF
ILLINOIS
Complainant,
)
AC
poIuton
Control
toard
)
v.
)
(]EPA
No.
98-09-AC)
)
MONTEL
and ANEITA
METZGER,
)
)
Respondents.
)
NOTICE
OFFILING
To:
Montel &
Aneita
Metzger
207 Douglas
Street
P.O.
Box
220
Carlock,IL
61725
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.
Respectfully
submitted,
Michel
e M.
Ryan
Assistant
Counsel
Illinois
Environmental
Protection
Agency
1021
North Grand
Avenue
East
P.O. Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
Dated:
May
27, 2009
THIS
FILING SUBMITrED
ON RECYCLED
PAPER
ECEVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
MAY29 2009
ADMINISTRATIVE
CITATION
STATE
OF ILLINOIS
Pollution
Control board
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
)
(IEPA No.
98-09-AC)
MONTEL and
ANEITA METZGER,
)
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
Montel and Aneita
Metzger
are the
current
owners
(“Respondents”)
of a
facility
located approximately
3.4
miles north of
Carlock at 292 Denman
Road, Woodford
County,
Illinois.
The
property is
commonly known to
the Illinois
Environmental
Protection
Agencyas
MetzgerMontel
&
Aneita.
2.
That said facility
is
an open
dump
operating
without
an Illinois
Environmental
Protection Agency
Operating
Permit
and is designated
with Site
Code No. 2038050003.
3.
That
Respondents have
owned and operated
said facility
at
all times
pertinent
hereto.
4.
That
on April 29, 2009,
Jason Thorp
of the
Illinois
Environmental
Protection
Agency’s
(“Illinois EPA”)
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.
Thaton
5—
9.7—O
,Illinois
EPAsentthisAdministrative
Citation
via
Certified
Mail
No.
7O07
3Oo
35
I
VIOLATIONS
Based
upon
direct
observations
made
by
Jason
Thom
during
the
course
of
his
April29,
2009
inspection
of
the
above-named
facility,
the
Illinois
Environmental
Protection
Agency
has determined
that Respondents
have
violated
the
Illinois
Environmental
Protection
Act
(hereinafter,
the
“Act”)
as
follows:
(1)
That
Respondents
caused
or
allowed
the
open
dumping
of
waste
in
a manner
resulting
in
litter,
a
violation
of
Section
21(p)(1)
of
the Act,
415
ILCS
512
1(p)(1)
(2006).
(2)
That
Respondents
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
Respondents
caused
or
allowed
the
open
dumping
of
waste
in a
manner
resulting
in Deposition
of
General
Construction
or Demolition
Debris:
or Clean
Construction
or
Demolition
Debris
a
violation
of
Section
21(p)(7)
of
the
Act,
415
ILCS
5/21(p)(7)
(2006).
2
CIVIL
PENALTY
Pursuant
to
Section 42(b)(4-5)
of the
Act,
415 ILCS
5/42(b)(4-5)
(2006),
Respondents
are
subject
to
a
civil
penalty
of
One Thousand
Five
Hundred Dollars
($1,500.00)
for
each
of the
violations
identified
above,
for
a
total
of
Four
Thousand
Five
Hundred
Dollars
($4,500.00).
If
Respondents
elects not
to petition
the
Illinois
Pollution
Control
Board,
the statutory
civil
penalty
specified
above
shall be
due and payable
no
later than July15,
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 31.1
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,
Respondents
shall
be
assessed
the associated
hearing
costs
incurred
by
the
Illinois
Environmental
Protection
Agency
and
the
Illinois
Pollution
Control
Board.
Those
hearing
costs
shall be
assessed
in addition
to
the
One
Thousand
Five
Hundred
Dollar
($1,500.00)
statutory
civil
penalty for
each
violation.
Pursuant
to
Section 31.1
(d)(1)
of
the Act, 415
ILCS 5/31
.1(d)(1)
(2006),
if
Respondents
fail
to
petition
or elect
not
to
petition the
Illinois Pollution
Control
Board
for review
of this
Administrative
Citation
within
thirty-five
(35)
days of
the
date
of
service, the
Illinois Pollution
Control
Board
shall
adopt
a final order,
which shall
include
this
Administrative
Citation
and
findings of
violation
as
alleged herein,
and
shall
impose the
statutory
civil penalty
specified
above.
When
payment
is made,
Respondent’s
check
shall be made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and mailed
to the attention
of
Fiscal Services,
Illinois
Environmental
Protection
Agency,
1021
North
Grand Avenue
East, P.O.
Box
19276,
Springfield,
Illinois 62794-9276.
Along
with payment,
Respondents
shall
complete
and
return the
enclosed
Remittance
Form to
ensure
proper
documentation
of payment.
3
If
any
civil
penalty
and/or
hearing
costs
are
not
paid
within
the
time
prescribed
by
order
of
the
Illinois
Pollution
Control
Board,
interest
on
said
penalty
and/or
hearing
costs
shall
be
assessed
against
the
Respondents from
the
date
payment
is
due
up
to
and
including
the date
that
payment
is
received.
The
Office
of the
Illinois
Attorney
General
may
be
requested to initiate
proceedings
against
Respondents in
Circuit
Court
to collect
said
penalty
and/or
hearing
costs,
plus
any interest
accrued.
4
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondents
have
the
right to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance
with
Section
31.1 of
the
Act,
415 ILCS
5/31/1
(2006).
If
Respondents
elect
to
contest
this Administrative
Citation,
then Respondents
shall
file
a signed
Petition
for
Review,
including
a
Notice
of Filing,
Certificate
of Service,
and
Notice
of Appearance,
with
the
Clerk of
the
Illinois
Pollution
Control
Board,
State
of
Illinois
Center,
100
West Randolph,
Suite
11-500,
Chicago,
Illinois
60601.
A
copy
of
said
Petition
for Review
shall
be
filed
with
the
Illinois
Environmental
Protection
Agency’s
Division
of
Legal
Counsel
at 1021
North
Grand
Avenue
East,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276.
Section
31 .1
of
the Act
provides
that any
Petition
for
Review
shall be
filed
within
thirty-five
(35)
days
of the
date
of
service
of
this Administrative
Citation
or the
Illinois
Pollution
Control
Board
shall
enter
a
default
judgment
against
the Respondents.
JL
7&
Date:
5I291o
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
5
RECVED
CLERK’s
OFFICE
REMITTANCE
FORM
MAY
29
20a9
STATE
OF
ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution
Control
Board
PROTECTION AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA
No.
98-09-AC)
)
MONTEL
and
ANEITA
METZGER,
Respondents.
)
FACILITY:
Metzger
Montel
&
Aneita
SITE
CODE
NO.:
2038050003
COUNTY:
Woodford
CIVIL
PENALTY:
$4,500.00
DATE
OF
INSPECTION:
April
29, 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
RECEVED
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
CLERK’S
OFFICE
MAY
2 92009
AFFIDAVIT
STATE
OF
ILLINOIS
Pollution
Control
Board
IN THE MATTER
OF
)
9
IEPA
DOCKET NO.
fThr.
)
/
RESPONDENT
Affiant,
Jason
Thorp,
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
April
29,
2009, between
10:30
a.m. and 11:00
a.m.,
Affiant conducted
an
inspection
of the open
dump in Woodford
County, Illinois,
known
as Metzger,
Montel
& Aneita,
Illinois
Environmental
Protection
Agency
Site No.2038050003.
3.
Affiant
inspected said
Metzger,
Montel
&
Aneita
open
dump site
by an
on-site
inspection, which
included
walking and
photographing
the site.
4.
As a result of
the
activities
referred
to
in
Paragraph
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
said Metzger,
Montel
&
Aneita
open dump.
Subscribed
and Sworn
to befo:
me
this
day
of
Notary Public
J
EAL”
Barbara
13.
Lindley
Notary
Pub&
State
of
Illinoic
nission
Expires
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGEN,D
Open Dump Inspection Checklist
MAY
2
92009
County:
Woodford
LPC#:
2038050003
Region:
ILlINOIS
Location/Site
Name:
Metzger Montel & Aneita
Pollution
control
Board
Date:
04/29/2009
Time: From 10:30 am To 11:00am
Previous
Inspection
Date:
11/25/2008
Inspector(s):
Jason
Thorp
Weather:
53F,
E 5MPH, Overcast
No.
of Photos
Taken:
#
15
Est. Amt.
of
Waste:
150
yds
3
Samples Taken:
Yes
#
No
Interviewed:
No
one available on site.
Complaint #:
C-2008-046-P
Latitude:
N40.63182
Longitude: W89.13187 Collection Point
Description:
Site Entrance -
(Example:
Lat.:
41 .26493
Long.: -89.38294)
Collection
Method: GPS
- Garmin GPSMap76S
Montel
&
Aneita Metzger
Responsible
Party
207 Douglas
St
Mailing
Address(es)
and Phone
Number(s)
r
ox
220
Carlock, IL 61725
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
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
CONDUCT
ANY WASTE-STORAGE,
WASTE-TREATMENT, OR WASTE-
DISPOSAL
6.
21(d)
OPERATION:
(1)
Without
a Permit
(2)
In
Violation
of
Any
Regulations or Standards
Adopted by the Board
DISPOSE, TREAT, STORE, OR
ABANDON
ANY WASTE, OR TRANSPORT ANY
7.
21(e)
WASTE
INTO THE
STATE AT/TO 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
(3)
Open Burning
(4)
Deposition of Waste in Standing or
Flowing Waters
(5)
Proliferation of Disease Vectors
LI
(6)
Standing or Flowing Liquid
Discharge
from the Dump Site
LI
Revised
10/5/2005
(Open Dump
- 1)
LPC#
2038050003
Deposition
of
General
Construction
or
Demolition
Debris;
or Clean
Construction
or
(7)
Demolition
Debris
9.
55(a)
NO
PERSON
SHALL:
(1)
Cause_or Allow
Open_Dumping_of
Any_Used_or
Waste_Tire
(2)
Cause
or
Allow
Open
Burning
of
Any Used
or
Waste
Tire
El
35
ILLINOIS
ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
FAILURE
TO
SUBMIT
AN
APPLICATION
FOR
A
PERMIT
TO
DEVELOP
AND
10.
81
2.101
(a)
OPERATE
A
LANDFILL
11.
722.111
HAZARDOUS
WASTE
DETERMINATION
El
12.
808.1
21
SPECIAL
WASTE
DETERMINATION
El
ACCEPTANCE
OF SPECIAL
WASTE
FROM
A WASTE
TRANSPORTER
WITHOUT
A
WASTE
HAULING
PERMIT,
UNIFORM
WASTE
PROGRAM
REGISTRATION
AND
El
13.
809.302(a)
PERMIT
ANDIOR
MANIFEST
14.
.
APPARENTCASE
NUMBER:
VIOLATION
OF:
(El)
PCB;ORDER
(El)
CIRCUIT
ENTERED
COURT
ON:
El
15.
OTHER:
El
El
El
El
El
El
Informational Notes
1.
[Illinois]
Environmental
Protection
Act:
415 ILCS
5/4.
2.
Illinois
Pollution
Control
Board:
35
III.
Adm.
Code,
Subtitle
G.
3.
Statutory
and
regulatory
references
herein
are
provided
for
convenience
only
and
should
not be
construed
as
legal
conclusions of
the
Agency
or
as limiting
the
Agency’s
statutory
or regulatory
powers.
Requirements
of
some
statutes
and
regulations
cited
are in
summary
format.
Full
text
of requirements
can
be
found
in references
listed
in
1.
and
2.
above.
4.
The
provisions
of
subsection
(p) of
Section
21
of
the [Illinois]
Environmental
Protection
Act
shall
be
enforceable
either
by
administrative citation
under
Section
31.1 of
the Act
or by
complaint
under
Section
31
of the
Act.
5.
This
inspection
was
conducted
in
accordance
with
Sections
4(c)
and
4(d) of
the [Illinois]
Environmental
Protection
Act:
415
ILCS
5/4(c)
and
(d).
6.
Items
marked
with
an
“NE”
were
not evaluated
at
the
time
of this
inspection.
Inspection
Date:
04/29/2009
OTHER
REQUIREMENTS
Revised
10/5/2005
(Open
Dump
- 2)
2038050003 -- Woodford
County
Metzger
Montel
&
Aneita
FOS
Inspection
Date:
April
29,
2009
Prepared
By:
Jason
Thorp
Page
1 of
5
Narrative
On April
29, 2009,
I (Jason
Thorp,
BOL/FOS-Peoria)
conducted
a
third
re-inspection
at
a
property
owned
by Montel
and
Aneita
Metzger,
referred
to
hereafter
as
the “Site.”
The
Site
is
located
approximately 3.4
miles
north
of
Carlock
at
292
Denman
Road
(N40.63182,
W89.13
187).
The
purpose
of
the re-inspection was to
determine
if
violations
observed
during
the
initial
complaint
investigation
C-2008-046-P
conducted
on
April
24,
2008,
had been
resolved.
The
subject
complaint
investigation
revealed
the
presence
of
open
dumped
and
evidence
of open
burned
solid
waste
in
several
locations,
including
areas
along
Vincent
Run
Creek,
resulting
in an
ACWN,
dated
May
20,
2008.
I arrived
at
the Site
Wednesday
morning
at
approximately
10:30
a.m.
The temperature
was
53°F
with
overcast
skies.
The
wind
direction
was
east
at approximately
5
mph.
No
one was
available
on-Site
for
interview.
I
proceeded
to
walk
the Site
collecting
digital
photographs
to
document
the
volume
of open
dumped
solid
waste
present
as
compared
to
the
volume
of
solid
waste
observed
during
the
previous
complaint
investigation
C-20080-046-P,
conducted on April
24,
2008,
and
subsequent
re-inspections
on
August
6,
2008 and
November
25,
2008.
The
Site
appears
to be in
the
same
condition
as previous
inspections
as
no
apparent
solid
waste removal
activities
have
taken
place.
To
date,
the
owners
have
not submitted
a
written
response
to
the
ACWN
or receipts
to document
proper
disposal
or recycling
of
any solid
waste.
During
the
complaint
investigation
I collected
digital
photographs
2038050003--04292009-OOl
through
-015 with
an
Olympus
D-580
digital
camera
to document
the
open dumped
and
evidence
of open
burned
solid
waste
observed.
Digital
photograph
#1
depicts
a portion
of
the
open
dumped
solid
waste
(bricks,
metal
debris,
and
rubber
hose)
observed
on-site.
No
solid
waste
removal
activities
have
taken
place
at
this location.
Digital
photograph
#2 depicts
a
portion
of
the
open
dumped
solid
waste
(mostly
metal debris)
observed
on-site
along
Vincent
Run Creek.
It
appears
that
no
solid
waste removal
activities
have taken
place
at
this
location
since
the
previous
inspection
on 11/25/2008.
Digital
photograph
#3
depicts
an
area
where
open
dumped
and
open
burned
solid waste
(metal
debris
and
metal
wire)
was
previously
observed
during
complaint
investigation
C-2008-046-P.
The
subject
waste
appears
to have
been
removed.
No
new
open
dumping
and/or
open
burning
have
taken place
at this
location.
Digital
photograph
#4
depicts
a
portion
of
the
open
dumped
solid
waste
(mostly
metal
debris)
observed
on-site
along
Vincent
Run Creek.
It
appears
that
no solid
waste
removal
activities
have
taken
place
at this
location
since
the
previous
inspection
on
11/25/2008.
Digital
photograph
#5 depicts
a
portion
of
the
open
dumped
solid
waste
(metal
debris,
white
goods
and general
constructionldemolition
debris)
observed
on-site.
No
solid waste
removal
activities
have
taken
place at
this
location.
Digital
photograph
#6
depicts
a
portion
of
the open
dumped
solid
waste
(metal
debris
and
construction/demolition
debris)
observed
on-site.
No
solid
waste
removal
activities
have
taken
place
at
this
location.
Digital
photograph
#7 depicts
a
portion
of
the open
dumped
solid
waste
(general
construction/demolition
debris)
observed
on-site.
No
solid waste
removal
activities
2038050003 --
Woodford
County
Metzger
Montel
& Aneita
FOS
Inspection Date:
April
29,
2009
Prepared
By:
Jason
Thorp
Page
2 of
5
have
taken
place
at this
location.
Digital
photograph
#8
depicts
a portion
of
the
open
dumped
solid
waste
(metal
debris,
used/waste
tires,
rail
ties,
constructionldemolition
debris)
observed
on-
site.
No
solid
waste
removal
activities
have
taken
place
at this
location.
Digital
photograph
#9
depicts
a
portion
of
the
open
dumped
solid
waste
(metal
debris,
white
goods,
and
construction/demolition
debris)
observed
on-site.
It
appears
that
no
solid
waste
removal
activities
have
taken
place
at this
location
since
the previous
inspection
on
11/25/2008.
Digital
photograph #10
depicts
a portion
of
the
open
dumped
solid
waste
(metal
debris
and
white
goods)
observed on-site.
It
appears
that
no
solid
waste
removal
activities
have
taken
place
at
this
location
since
the
previous
inspection
on 11/25/2008.
Digital
photograph
#11
depicts
a portion
of the
open
dumped
and open
burned
solid
waste
observed
on-site
along
Vincent
Run
Creek.
No
solid
waste
removal
activities
have
taken
place
at this
location.
Digital
photograph
#12
depicts
a
portion
of
the
open
dumped
solid
waste
(metal
debris)
observed
on-site
along
Vincent
Run
Creek.
No
solid
waste
removal
activities
have
taken
place
at this
location.
Digital
photograph
#13 depicts
a portion
of the
open
dumped
solid
waste
(metal
pipe
and
bathtub)
observed
on-site
along
Vincent
Run
Creek.
No
solid
waste
removal
activities
have
taken
place
at this
location.
Digital
photograph
#14
depicts
the
open
dumped
and
open
burned
solid
waste
(construction/demolition
debris
and
general
household
refuse)
observed
on-site
along
the
south
side
of CR
355N.
No
solid
waste
removal
activities
have
taken
place
at
this location.
Digital
photograph
#15
depicts
the entrance
to
the
Site.
The
digital
photographs
have
been
plotted
on
the
attached
Illinois
EPA
Site
Map.
The
re-inspection
concluded
at approximately
11:00
a.m.
Agency
correspondence
should
be
addressed
to the
owner(s)
as follows:
Owner
Montel
&
Aneita
Metzger
207
Douglas
St.
P.O.
Box
220
Carlock,
IL
61725
An
open
dump
checklist
was
completed
as
a
result
of
the
re-inspection
findings
and the
following
solid
waste
violations
were
again
observed:
Sections
9(a),
9(c),
12(a),
12(d),
21(a),
21(d)(l),
21(d)(2), 21(e),
2l(p)(l),
2l(p)(3),
2l(p)(7),
and
55(a)(1)
of
the
Environmental
Protection
Act
and
Section
812.101(a)
of
the Illinois
Administrative
Code.
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.
2038050003
-- Woodford
County
Metzger
Montel
&
Aneita
FOS
Inspection
Date:
April
29, 2009
Prepared
By: Jason
Thorp
Page
3 of 5
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.
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
12(a)
of the
{Illinois}
Environmental
Protection
Act
(415 ILCS
5/12(a)),
no
person
shall
cause
or
threaten
or allow
the
discharge of
any contaminants
into
the
environment
in
any State
so as
to cause
or
tend
to
cause water
pollution
in
Illinois,
either alone
or
in
combination
with the
matter
from
other sources,
or
so as to
violate
regulations
or
standards
adopted
by
the Pollution
Control
Board
under this
Act.
A violation
of Section
12(a)
is alleged
for the following
reason:
The
discharge
of
contaminants
was caused,
threatened,
or
allowed, so
as to
cause
or
tend
to cause
water
pollution
in Illinois.
4.
Pursuant
to
Section 12(d)
of
the
{Illinois}
Environmental
Protection
Act
(415 ILCS
5/12(d)), no
person
shall deposit
any contaminants
upon the
land
in
such
place and
manner so
as to create
a water
pollution
hazard.
A violation
of Section
12(d)
is
alleged
for
the
following
reason:
Contaminants
were
deposited
upon
the land
in such
place
and manner
so
as
to
create
a water
pollution
hazard.
5.
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
2 1(a)
is
alleged
for the
following
reason: Evidence
of
open
dumping of
waste
was
observed
during the
inspection.
6.
Pursuant
to
Section
21(d)(1)
of the
{Illinois}
Environmental
Protection
Act
(415
ILCS
/21
(d)( 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
such
permit.
A violation
of Section
21(d)(l)
is alleged
for the
following
reason: Waste
was disposed
without
a
permit
granted
by
the
Illinois
EPA.
2038050003
--
Woodford
County
Metzger
Monte!
& Aneita
FOS
Inspection Date:
April 29,
2009
Prepared
By:
Jason
Thorp
Page
4 of
5
7.
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
operation
was conducted
in
violation
of
regulations
adopted
by the
Illinois
Pollution
Control
Board.
8.
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
21(e)
is alleged
for the
following
reason:
Waste
was
disposed
at
this
site
which
does
not
meet
the requirements
of
the Act
and
regulations
thereunder.
9.
Pursuant
to Section
2l(p)(l)
of the
{Illinois}
Environmental
Protection
Act
(415
ILCS
5
/
21
(p)(
1
)),
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
specified
in this
subsection
(p)
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
specc
prohibitions
in this
subsection
do
not
limit
the power
of the
Board
to
establish
regulations
or
standards
applicable
to
open dumping.
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.
10.
Pursuant
to
Section
21(p)(3)
of the
{Illinois}
Environmental
Protection
Act
(415
ILCS
5
/
21
(p)(
3
)),
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.
11.
Pursuant
to
Section
21(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.
2038050003
-- Woodford
County
Metzger
Montel
& Aneita
FOS
Inspection Date:
April 29, 2009
Prepared
By:
Jason
Thorp
Page
5 of 5
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.
12.
Pursuant
to Section
5 5(a)( 1) of the
{
Illinois
}
Environmental
Protection
Act (415 ILCS
5/55(a)(1)),
no person
shall
cause
or allow
the
open
dumping of any
used or waste tire.
A violation
of
Section 55(a)(1) is
alleged for
the following reason:
Evidence of
open
dumping
of used
or waste
tires was
observed during the
inspection.
13.
Pursuant
to 35
Ill.
Adm.
Code
812.101(a),
all persons, except
those
specifically exempted
by
Section
21(d) of the
{Illinois} Environmental
Protection
Act, shall submit
to the
Agency an
application for
a permit to develop
and operate
a
landfill.
A violation
of 35 Ill.
Adm. Code
8
12.101(a)
is
alleged for the following
reason: A waste
disposal
facility
was
operated without
submitting to
the Illinois EPA an application
for
a
permit to develop
and operate
a landfill.
-nJ
QCD
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-o
toward
the
southwest.
PHOTOGRAPH
NUMBER:
1
PHOTOGRAPH
FILE
NAME:
203
805000304292009-00
1
.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solid
waste
(bricks,
metal
debris,
and
rubber
hose)
observed
on-site.
Nosolidwaste
removal
activities
havetaken
place
at
this
location.
DATE:
04/29/2009
TIME:
10:42a.m.
PHOTOGRAPHED
BY:
J.
Thorp
DIRECTION:
Photograph
taken
toward
the
southwest.
PHOTOGRAPH
NUMBER:
2
PHOTOGRAPH
FILE
NAME:
203
805000304292009-002.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solid
waste
(mostly
metal
debris)
observed
on-site
along
Vincent
Run
Creek.
It
appears
that
no
solid
waste
removalactivities
have
taken
place
at
this
location
sincethe
previous
inspection
on
11/25/2008.
DOCUMENT
FILE
NAME:
203
805000304292009.doc
toward
the
northwest.
PHOTOGRAPH
NUMBER:
3
PHOTOGRAPH
FILE
NAME:
203
805000304292009-003
.jpg
COMMENTS:
Digital
photograph
depicts
an
area
where
open
dumped
and
open
burned
solid
waste
(metal
debris
and
metal
wire)was
previously
observed
during
the
initial
complaintinvestigation
C-
2008-046-P.
The
subject
waste
appears
to
have
been
removed.No
new
open
dumping
and/or
open
burning
has
taken
place
at
this
location.
DATE:
04/29/2009
TIME:
10:43
a.m.
PHOTOGRAPHED
BY:
J.
Thorp
DIRECTION:
Photograph
taken
toward
the
northwest.
PHOTOGRAPH
NUMBER:
4
PHOTOGRAPH
FILE
NAME:
203
8050003—04292009-004.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumpedsolid
waste
(mostly
metal
debris)observed
on-site
along
Vincent
Run
Creek.It
appearsthat
no
solid
waste
removal
activities
have
taken
place
at
this
location
since
theprevious
inspection
on
11/25/2008.
DOCUMENT
FILE
NAME:
203
805000304292009.doc
toward
the
northwest.
PHOTOGRAPH
NUMBER:
5
PHOTOGRAPH
FILE
NAME:
203
8050003—M4292009-005
.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solid
waste
(metal
debris,
white
goods,and
construction/demolition
debris)
observed
on-site.
No
solid
waste
removal
activities
have
takenplace
at
this
location.
DATE:
04/29/2009
TIME:
10:44a.m.
PHOTOGRAPHED
BY:
J.
Thorp
DIRECTION:
Photograph
taken
toward
the
southwest.
PHOTOGRAPH
NUMBER:
6
PHOTOGRAPH
FILE
NAME:
203
805000304292009-006.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solid
waste
(metal
debris
and
construction/demolitiondebris)
observed
on-site.
Nosolid
waste
removal
activities
have
takenplace
at
this
location.
DOCUMENT
FILE
NAME:
203
805000304292009.doc
toward
the
south.
PHOTOGRAPH
NUMBER:
7
PHOTOGRAPH
FILE
NAME:
203
8050003’04292009-007.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solid
waste
(general
construction/demolition
debris)
observed
on-site.
Nosolid
waste
removalactivities
have
taken
place
at
this
location.
DATE:
04/29/2009
TIME:
10:46a.m.
PHOTOGRAPHED
BY:
J.
Thorp
DIRECTION:
Photographtaken
toward
the
southwest.
PHOTOGRAPH
NUMBER:
8
PHOTOGRAPH
FILE
NAME:
203
805000304292009-008.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solidwaste
(metal
debris,
used/waste
tires,rail
ties,
and
construction/demolition
debris)
observed
on-site.
Nosolid
waste
removalactivities
have
takenplace
at
this
location.
DOCUMENT
FILE
NAME:
203
805000304292009.doc
toward
the
southwest.
PHOTOGRAPH
NUMBER:
9
PHOTOGRAPH
FILE
NAME:
203
805000304292009-009.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solidwaste
(metaldebris,
whitegoods,
and
constructionldemolition
debris)
observed
on-site.
Nosolid
waste
removalactivities
have
taken
place
at
this
location.
DATE:
04/29/2009
TIME:
10:48a.m.
PHOTOGRAPHED
BY:
J.
Thorp
DIRECTION:
Photograph
taken
toward
the
southwest.
PHOTOGRAPH
NUMBER:
10
PHOTOGRAPH
FILE
NAME:
203
805000304292009-0
1
0.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solid
waste
(metal
debris
andwhite
goods)
observed
on-site.
It
appears
that
no
solid
waste
removal
activities
have
takenplace
at
this
location
since
the
previous
inspection
on
11/25/2008.
DOCUMENT
FILE
NAME:
203
805000304292009.doc
toward
the
northwest.
PHOTOGRAPH
NUMBER:
11
PHOTOGRAPH
FILE
NAME:
203
8050003—M4292009-0
11
.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
and
open
burnedsolid
waste
observed
on-site
along
Vincent
Run
Creek.
No
solid
waste
removal
activities
have
takenplace
at
thislocation.
DATE:
04/29/2009
TIME:
10:49a.m.
PHOTOGRAPHED
BY:
J.
Thorp
DIRECTION:
Photographtaken
toward
the
southwest.
PHOTOGRAPH
NUMBER:
12
PHOTOGRAPH
FILE
NAME:
203
8050003-M4292009-0
1
2.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solid
waste
(metal
debris)
observed
on-site
along
Vincent
Run
Creek.
No
solidwaste
removal
activities
have
taken
place
at
this
location.
DOCUMENT
FILE
NAME:
203
8050003—04292009.doc
toward
the
southwest.
PHOTOGRAPH
NUMBER:
13
PHOTOGRAPHFILE
NAME:
203
8050003—04292009-0
13
.jpg
COMMENTS:
Digital
photograph
depicts
a
portion
of
the
open
dumped
solid
waste
(metalpipe
and
bath
tub)
observed
on-site
along
Vincent
Run
Creek.
No
solid
waste
removal
activities
have
taken
place
at
this
location.
DATE:
04/29/2009
TIME:
10:5
1
a.m.
PHOTOGRAPHED
BY:
J.
Thorp
DIRECTION:
Photograph
taken
toward
the
south.
PHOTOGRAPH
NUMBER:
14
PHOTOGRAPHFILE
NAME:
203
8050003—04292009-0
14.jpg
COMMENTS:
Digital
photograph
depicts
the
open
burned
and
open
dumped
solid
waste
(construction/demolition
debris
and
general
household
refuse)
observed
on-site
along
the
south
side
of
CR
355N.No
solid
waste
removal
activities
have
taken
place
at
this
location.
DOCUMENT
FILE
NAME:
203
805000304292009.doc
toward
the
east.
PHOTOGRAPH
NUMBER:
15
PHOTOGRAPH
FILE
NAME:
203
8050003-04292009-0
15
.jpg
COMMENTS:
Digital
photograph
depicts
the
entrance
to
the
site.
DOCUMENT
FILE
NAME:
203
805000304292009.doc
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28th
-
4
RECgV
CLERKs
OFFICE
PROOF
OF SERVICE
MAY’
29
2009
STATE
OF
ILUNOS
I hereby
certify that I
did on the 27th
day of May
2009,
send
by
CertifiecP!PeflcWd
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:
Montel
& Aneita
Metzger
207
Douglas Street
POBox22O
Carlock,IL
61725
1
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
Assistant Counsel
Illinois
Environmental Protection
Agency
1021
North Grand
Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
(217)
782-5544
THIS FILiNG
SUBMITFED
ON RECYCLED
PAPER
