ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    1021 NORTH
    GRAND
    AVENUE EAST, P.O. Box
    19276, SPRINGFIELD, ILLINOIS
    62794-9276
    —(217)
    JAMES R. THOMPSON CENTER,
    100
    WEST RANDOLPH, SUITE
    11-300, CHICAGO, IL 60601
    - (312)
    814.Q$Rk;S
    OFFICED
    Patrck
    Quinn,
    Governor
    DOUGLAS
    P. SCOTT,
    DIRECTOR
    JLJf4
    U
    12009
    piTATEOF
    ILLINOIS
    (217)
    782-9817
    Control
    Board
    TDD: (217)
    782-9143
    May29,
    2009
    John Therriault,
    Clerk
    -k
    -.
    Illinois
    Pollution
    Control Board
    James R. Thompson Center
    100
    West Randolph Street,
    Suite 11-500
    Chicago,
    Illinois 60601
    Re:
    Illinois
    Environmental
    Protection
    Agency
    v. Floyd
    Burns
    JEPA File
    No.104-09-AC;
    0558025006—Franklin
    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.
    Thank you for
    your cooperation.
    Assistant Counsel
    Enclosures
    ROCKFORD
    —4302
    North Main Street, Rockford,
    IL 61103
    —(815) 987-7760
    .
    DES PLAINES
    —9511
    W. Harrison St., Des Plaines,
    IL 60016
    —(847) 294-4000
    ELGIN — 595 South State,
    Elgin, IL 60123 — (847) 608-3131
    .
    PEORIA — 5415 N. University
    St., Peoria, IL 61614 — (309)
    693-5463
    BUREAU
    OF LAND
    - PEORIA — 7620 N. University
    SE., Peoria, IL 61614 — (309)
    693-5462
    .
    CHAMPAIGN — 2125
    South First Street, Champaign,
    IL 61820
    - (217)
    278-5800
    COLLINSVILLE — 2009
    Mall
    Street, Collinsville,
    IL 62234—
    (618) 346-5120
    .
    MARION
    — 2309W.
    Main St., Suite 116,
    Marion, IL 62959 — (618) 993-7200
    PRINTED
    ON
    RECYCLED
    PAPER

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    RcCVED
    ERKS
    OFFICE
    ADMINISTRATWE
    CITATION
    JUN
    o
    12009
    STATE
    OF
    ILLINOIS
    ILLINOIS
    ENVIRONMENTAL
    )
    Pollution
    Control
    Board
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    AC
    v.
    )
    (IEPA
    No. 104-09-AC)
    )
    FLOYD
    BURNS,
    )
    )
    Respondent.
    )
    I
    I IN
    NOTICE
    OF FILING
    To:
    Floyd Bums
    409
    S Stuyvesant
    P.O.
    Box
    1593
    Benton,IL
    62812
    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,
    Michelle 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
    29, 2009
    THIS FILING
    SUBMIITED
    ON RECYCLED
    PAPER

    OED
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    JUN
    j
    12009
    ADMINISTRATIVE
    CITATION
    u
    on
    Control
    Board
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Complainant,
    )
    AC
    0q
    V.
    )
    (IEPA
    No. 104-09-AC)
    FLOYD
    BURNS,
    )
    )
    )
    /
    Respondent.
    )
    /
    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 Floyd
    Burns is the
    current owner and
    operator
    (“Respondent”)
    of
    a facility
    located att6l 1 5HilI
    City
    Road south
    of Benton,
    Franklin County, Illinois.
    The property
    is commonly
    known
    to the Illinois Environmental
    Protection
    Agency
    as Benton/Burns.
    2.
    That said facility is
    an open dump
    operating
    without
    an
    Illinois
    Environmental
    Protection
    Agency
    Operating
    Permit and is
    designated with
    Site
    Code
    No.
    0558025006.
    3.
    That
    Respondent
    has owned
    and operated said
    facility at all times
    pertinent hereto.
    4.
    That on April
    16,
    2009, Phillip
    Fatka
    of
    the Illinois Environmental
    Protection
    Agency’s
    (“Illinois EPA”)
    Marion 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
    D
    13
    — C)
    , Illinois
    EPA
    sent
    this
    Administrative Citation
    via Certified
    MailNo.
    7r7
    o;-O
    ôo
    VIOLATIONS
    Based
    upon
    direct
    observations
    made
    by
    Phillip
    Fatka
    during
    the
    course
    of
    his April
    16,
    2009
    inspection
    of the
    above-named
    facility,
    the Illinois
    Environmental
    Protection
    Agency
    has determined
    that
    Respondent
    has
    violated
    the
    Illinois
    Environmental
    Protection
    Act (hereinafter,
    the
    “Act”)
    as
    follows:
    (1)
    That
    Respondent
    caused
    or
    allowed
    the
    open
    dumping
    of
    waste
    in
    a manner
    resulting
    in litter,
    a
    violation
    of
    Section
    21(p)(l)
    of
    the Act,
    415
    ILCS
    5121(p)(1)
    (2006).
    (2)
    That
    Respondent
    caused
    or allowed
    the
    open
    dumping
    of waste
    in
    a
    manner
    resulting
    in
    Deposition
    of
    General
    Construction
    or
    Demolition
    Debris:
    or Clean
    Construction
    or
    Demolition
    Debris
    a
    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
    5142(b)(4-5)
    (2006),
    Respondent
    is
    subject
    to a
    civil
    penalty
    of One
    Thousand
    Five
    Hundred
    Dollars
    ($1,500.00)
    for
    each
    of
    the
    violations
    identified
    above,
    for a total
    of
    Three
    Thousand
    Dollars
    ($3,000.00).
    If Respondent
    elects
    not to
    petition
    the Illinois
    Pollution
    Control
    Board,
    the
    statutory
    civil penalty
    specified
    above
    shall
    be
    due
    and
    payable
    no
    later
    than
    July
    15,
    2009,
    unless
    otherwise
    provided
    by order
    of
    the
    Illinois
    Pollution
    Control
    Board.
    If
    Respondent
    elects
    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
    2

    Pollution
    Control
    Board
    issues
    a
    finding
    of
    violation
    as
    alleged
    herein,
    after
    an
    adjudicatory
    hearing,
    Respondent
    shall
    be
    assessed
    the
    associated
    hearing
    costs
    incurred
    by
    the
    Illinois
    Environmental
    Protection
    Agency
    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.
    Pursuantto
    Section
    31.1(d)(1)
    of
    theAct,
    415
    ILCS
    5/31.l(d)(l)
    (2006),
    if
    Respondentfails
    to
    petition
    or
    elects
    not
    to
    petition
    the
    Illinois
    Pollution
    Control
    Board
    for
    review
    of
    this
    Administrative
    Citation
    within
    thirty-five
    (35)
    days
    of
    the
    date
    of
    service,
    the
    Illinois
    Pollution
    Control
    Board
    shall
    adopt
    a
    final
    order,
    which
    shall
    include
    this
    Administrative
    Citation
    and
    findings
    of
    violation
    as
    alleged
    herein,
    and
    shall
    impose
    the
    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
    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
    byorderofthe
    Illinois
    Pollution
    Control
    Board,
    interest
    on
    said
    penalty
    and/or
    hearing
    costs
    shall
    be
    assessed
    against
    the
    Respondent
    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
    in
    Circuit
    Court
    to
    collect
    said
    penalty
    and/or
    hearing
    costs,
    plus
    any
    interest
    accrued.
    3

    PROCEDURE
    FOR
    CONTESTING
    THIS
    ADMINISTRATIVE
    CITATION
    Respondent
    has
    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 elects
    to contest
    this Administrative Citation,
    then
    Respondent
    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.
    Date:
    j2co
    9
    Dougls
    P. 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

    REMITTANCE
    FORM
    CLERKS
    OFFICE
    ILLINOIS ENVIRONMENTAL
    )
    JUN
    012009
    PROTECTION AGENCY,
    )
    r(ATEOFILLINOIS
    Complainant,
    )
    AC
    LYt
    -tPóllution
    Control
    Board
    V.
    )
    (IEPA
    No. 104-09-AC)
    FLOYD BURNS,
    )
    Respondent.
    FACILITY:
    Benton/Burns
    SITE CODE NO.:
    0558025006
    COUNTY:
    Franklin
    CIVIL
    PENALTY:
    $3,000.00
    DATE OF INSPECTION:
    April
    16, 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

    RECEVED
    CLERK’S
    OFFICE
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    JUN
    012009
    STATE
    OF
    ILLINOIS
    Pollution
    Control
    Board
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    )
    Complainant,
    )
    )
    )
    IEPA
    DOCKET
    NO.
    v.
    )
    )
    Floyd
    Burns
    )
    )
    Respondent
    )
    AFFIDAVIT
    Affiant,
    Phillip Fatka,
    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
    16, 2009,
    between
    12:25pm
    and 12:40pm,
    Affiant
    conducted
    an inspection
    of
    a disposal
    site operated
    by
    Floyd
    Burns,
    located
    in Franklin
    County,
    Illinois,
    and
    known
    as
    Benton/Burns
    by
    the Illinois
    Environmental
    Protection
    Agency.
    Said
    site has
    been assigned
    site
    code number
    0558025006
    by the Agency.
    3.
    Affiant
    inspected
    said
    open
    dumping
    site
    by an on-site
    inspection
    which
    included
    walking
    and photographing
    the site.

    4.
    As
    a result of
    the
    material actions 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
    open
    dumping
    site.
    Subscribed
    and Sworn
    to before me
    this
    2’
    7
    day
    of_______________
    J
    Notary
    /
    Public
    OFFiCIAL SEAL’
    RONALt) F.
    MORSE
    Notary
    PbIi
    State
    of
    minois
    (Intial
    Block)
    A Conimi
    r
    xres
    2/1/1O

    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    Open
    Dump Inspection Checklist
    County:
    Franklin
    LPC#:
    0558025006
    Region:
    7
    - Marion
    Location/Site
    Name:
    Benton/Burns
    Date:
    04/16/2009
    Time: From
    12:25pm
    To 12:40pm
    Previous
    Inspection
    Date:
    06/27/2008
    Inspector(s):
    P.
    Fatka
    Weather:
    -55F, Partly
    Cloudy
    No.
    of Photos
    Taken:
    #
    29
    Est. Amt.
    of Waste: >1500
    yds
    3
    Samples
    Taken: Yes
    #
    No
    El
    Interviewed:
    Complaint
    #:
    0-07-154
    Latitude:
    37.95750
    Longitude:
    -88.93788
    Collection Point Description: Site
    Entrance
    - CLERKS OFFICE
    PIED
    (Example:
    Lat.:
    41.26493
    Long.:
    -89.38294)
    CoNection
    Method:
    GPS
    -
    hIM 111 anna
    Responsible
    Party
    Mailing
    Address(es)
    and
    Phone
    Number(s):
    [SECTION]
    DESCRIPTION
    --
    VIOL
    ILl IOIS ENVIRONMENTAL
    PROTECTIOI
    CT
    REQUIREMENTS
    1.
    9(a)
    CAUSE,
    THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
    LI
    2.
    9(c)
    CAUSE
    OR ALLOW OPEN BURNING
    El
    3.
    12(a)
    CAUSE,
    THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
    El
    4.
    12(d)
    CREATE A WATER POLLUTION HAZARD
    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
    (2)
    In Violation
    of Apy
    Regulations or Standards Adopted by the Board
    DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR
    TRANSPORT ANY
    7.
    21(e)
    WASTE INTO THE STATE ATITO
    SITES NOT MEETING REQUIREMENTS
    OF ACT
    (1)
    Litter
    (2)
    Scavenging
    (3)
    Open Burning
    (4)
    Deposition of Waste in Standing
    or Flowing Waters
    (5)
    Proliferation of Disease
    Vectors
    (6)
    Standing
    or Flowing
    Liquid Discharge
    from the Dump Site
    Floyd Burns
    409
    S
    Stuyvesant
    PC
    Box
    1593
    Benton, IL
    62812
    STATE
    OF
    ILLINOl
    Poluticn
    Controh Boal
    8.
    CAUSE OR ALLOW THE OPEN
    DUMPING
    OF
    ANY WASTE IN A MANNER
    WHICH RESULTS
    21(p)
    IN ANY OF THE FOLLOWING
    OCCURRENCES AT THE DUMP SITE:
    Revised 10/5/2005
    (Open
    Dump - 1)

    LPC#
    0558025006
    Inspection
    Date:
    04/16/2009
    Deposition
    of General Construction
    or Demolition
    Debris;
    or Clean
    Construction
    or
    (7)
    Demolition Debris
    9.
    55(a)
    NO PERSON
    SHALL:
    (1)
    Cause
    or Allow Open Dumping
    of Any Used
    or Waste Tire
    Li
    (2)
    Cause
    or Allow Open Burning
    of Any Used
    or
    Waste
    lire
    Li
    35 ILLINOIS
    ADMINISTRATIVE
    CODE
    REQUIREMENTS
    SUBTITLE
    G
    FAILURE
    TO SUBMIT AN
    APPLICATION
    FOR A PERMIT
    TO DEVELOP
    AND
    10.
    812.101(a)
    OPERATE
    A LANDFILL
    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:
    (El)
    PCB;
    ORDER
    (LI)
    CIRCUIT
    ENTERED
    COURT
    ON:
    Li
    15.
    OTHER:
    Li
    Li
    Li
    Li
    Li
    .
    Li
    Informational
    Notes
    1.
    [Illinois]
    Environmental
    Protection Act:
    415 ILCS 5/4.
    2.
    Illinois
    Pollution
    Control Board:
    35
    Ill.
    Adm. Code, Subtitle
    G.
    3.
    Statutory
    and regulatory references
    herein are provided
    for convenience only
    and should not
    be construed
    as legal
    conclusions of the
    Agency or as limiting the
    Agency’s statutory or regulatory
    powers.
    Requirements
    of some
    statutes
    and regulations
    cited
    are
    in summary
    format.
    Full text of requirements
    can be found
    in references
    listed
    in 1.
    and 2.
    above.
    4.
    The
    provisions of subsection
    (p)
    of Section 21 of
    the [Illinois] Environmental
    Protection
    Act
    shall
    be enforceable
    either
    by
    administrative
    citation under Section
    31.1 of the
    Act
    or by complaint
    under Section 31
    of the Act.
    5.
    This
    inspection was conducted
    in accordance with Sections
    4(c) and
    4(d)
    of
    the [Illinois] Environmental
    Protection
    Act:
    415 ILCS
    5/4(c)
    and
    (d).
    6.
    Items marked
    with an ‘NE’ were
    not evaluated at the time
    of this inspection.
    Revised
    10/5/2005
    (Open Dump - 2)

    Illinois
    Environmental
    Protection
    Agency
    Narrative Inspection
    Report
    Site
    #: 0558025006
    Date:
    4-16-09
    County:
    Franklin
    Inspector:
    P. Fatka
    Subject:
    Benton/Burns
    Complaint
    #:
    C-07-154
    General
    Remarks
    G.P.S.:
    N 37.95750
    W 88.93788
    Time: 12:25pm-12:4Opm
    Volume
    of waste
    found
    at site:
    >1,500 yd
    3
    Owner
    of
    Property:
    Floyd
    Burns
    Weather: ‘—55°F,
    Partly Cloudy
    Soil Conditions:
    Damp
    This
    inspection
    was made
    as a follow-up
    to the June 27, 2008 inspection
    by
    this office.
    The site
    is located
    at —6 115
    Hill City Road south
    of Benton,
    Illinois. The site was
    easily accessed
    by the
    aforementioned road.
    This
    inspector
    announced
    himself
    at
    the site,
    but no
    one answered or made
    any
    attempt
    to inquire
    as to my presence on
    the property.
    Twenty-nine (29)
    pictures
    were
    taken of the waste,
    which consisted of abandoned
    and
    junk vehicles,
    a
    gutted mobile
    home,
    general construction
    or demolition
    debris (GC/DD),
    and general refuse. These
    wastes seemed to cover
    an area
    between
    ¼
    and
    ‘/2 an acre.
    A small
    amount
    of
    wastes
    have
    been
    removed,
    namely the majority
    ofthe used tires. Less
    than 10
    used
    tires
    were observed
    this
    inspection. The
    bulk
    of the
    wastes
    seen in previous inspections
    remain.
    Additionally,
    another
    area of GC/DD deposition
    was discovered. This
    area
    appeared
    to
    cover
    roughly
    250 cubic
    yards.
    This accumulation also
    contained at least 10 rusting
    5-gallon
    containers
    labeled as Gold
    Crest
    Termide, an
    unrestricted
    use
    insecticide.
    The following conditions,
    which
    constitute
    violations,
    were observed:
    Illinois
    Environmental
    Protection
    Act
    Requirements:
    1. 21(a) Cause
    or allow
    open
    dumping
    2.
    21(d) Conduct any
    waste-storage, waste-treatment,
    or
    waste-disposal
    operation:
    (1)
    Without
    a permit
    (2)
    In violation
    of
    any
    regulations
    or standards
    adopted by
    the
    Board
    3. 21(e) Dispose,
    treat, store,
    or
    abandon any waste
    or
    transport
    any
    waste
    into the
    State at/to
    sites not meeting
    requirements
    of
    Act
    4. 21(p) Cause
    or allow the open
    dumping
    of any
    waste
    in a manner which
    results
    in
    any of
    the
    following
    occurrences
    at
    the dump site:

    (1)
    Litter
    (7)
    Deposition of general construction or
    demolition
    debris or clean construction
    or demolition debris
    35
    Illinois Administrative Code Requirements Subtitle
    G
    5.
    812.101(a) Failure to submit an application for
    a
    permit
    to
    develop and operate
    a
    landfill
    Findings: It appears that the amount of general wastes,
    GCIDD,
    and abandoned vehicles
    on this
    site remains
    unchanged.
    While another
    CD!DD deposition was discovered it
    did
    not appear
    to be
    recent.
    Theses
    wastes also are considered litter. The
    amount
    and nature of the wastes
    combined
    with the fact that there is
    neither
    active
    business
    nor residence at this site
    means
    that the wastes
    present
    have
    been
    consolidated from offsite. Thus, this site is considered a landfill. A search
    of
    Agency records
    shows that no permit
    to
    develop or
    operate a
    landfill
    at
    this site has
    been applied
    for or granted.

    Not
    to
    scale
    1
    Alt
    (ocations approxmate
    N
    Oirecton and
    number of
    photo
    0558025006
    Frankhn County
    BentoniBurns
    4-16-09
    Abandoned
    structure
    H
    C
    t
    y
    R
    0
    a
    d

    the
    site.
    Date:
    4-16-09
    Time:
    12:24pm
    Direction:
    W
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    002
    Comments:
    General
    Construction
    and/or
    DemolitionDebris
    (GC/DD),
    abandoned
    vehicles,
    and
    general
    debris.
    File
    Names:
    0558025006’-04162009-(Exp.
    #1.jpg
    Page
    1
    of
    15

    debris.
    Date:
    4-16-09
    Time:
    12:25pm
    Direction:
    N
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    004
    Comments:
    GC/DD
    and
    debris.
    File
    Names:
    0558025006--O4162009-[Exp.
    #].jpg
    Page
    2
    of
    15

    File
    Names:
    0558025006O4162009-jExp.
    #1
    .j
    pg
    debris.
    Date:
    4-16-09
    Time:
    12:25pm
    Direction:
    N
    Photo
    by:P.
    Fatka
    Exposure
    #:006
    Comments:
    GCIDD
    and
    debris.
    Page
    3
    ofl5

    File
    Names:
    0558025006’—04162009-LExp.
    #j.jpg
    other
    wastes.
    Date:
    4-16-09
    Time:
    12:26pm
    Direction:
    S
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    008
    Comments:
    GC/DD
    and
    other
    wastes.
    Page
    4
    of
    15

    File
    Names:
    0558025006’-04162009-jExp.
    #].jpg
    general
    debris.
    Date:
    4-16-09
    Time:
    12:27pm
    Direction:
    S
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    010
    Comments:
    GC/DD
    and
    other
    wastes.
    Page
    5
    of
    15

    File
    Names:
    0558025006—04162009-IExp.
    #1
    .j
    pg
    and
    other
    wastes.
    Date:
    4-16-09
    Time:
    12:27pm
    Direction:
    W
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    012
    Comments:
    Rusted
    pesticide
    cans.
    Page
    6
    of
    15

    File
    Names:
    0558025006-04162009-[Exp.
    #j.jpg
    the
    rusted
    pesticide
    cans,
    identifying
    them
    as
    having
    once
    contained
    Gold
    Crest
    Termicide.
    Date:
    4-16-09
    Time:
    12:29pm
    Direction:
    S
    Photo
    by:
    P.
    Fatka
    Exposure
    #:014
    Comments:
    What
    appears
    to
    be
    a
    mobile
    home
    frame
    and
    other
    debris.
    Page
    7
    of
    15

    FileNames:
    0558025006--04162009-jExp.
    #j.jpg
    Comments:
    Abandoned
    vehicles
    and
    a
    collapsing
    mobile
    home.
    Date:
    4-16-09
    Time:
    12:32pm
    Direction:
    N
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    016
    Comments:
    Abandoned
    vehicles.
    Page
    8
    of
    15

    File
    Names:
    0558025006-O4162009-[Exp.
    #].jpg
    vehicles
    and
    GCLDD.
    Date:
    4-16-09
    Time:
    12:32pm
    Direction:
    S
    Photo
    by:
    P.
    Fatka
    Exposure
    #:018
    Comments:
    GC/DD
    and
    other
    debris.
    Page
    9
    of
    15

    File
    Names:
    0558025006-04162009-
    LExP.
    #1
    .j
    pg
    abandoned
    vehicles.
    Date:
    4-16-09
    Time:
    12:33pm
    Direction:
    N
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    020
    Comments:
    Abandoned
    vehicles.
    \\L
    Page
    10
    of
    15

    vehicles.
    Date:
    4-16-09
    Time:
    12:33pm
    Direction:
    N
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    022
    Comments:
    Abandoned
    vehicles
    and
    GC/DD.
    File
    Names:
    0558025006—04162009-[Exp.
    #].jpg
    Page
    11
    ofl5

    vehicles
    and
    other
    wastes.
    Date:
    4-16-09
    Time:
    12:34pm
    Direction:
    NE
    Photo
    by:
    P.
    Fatka
    Exposure
    #:024
    Comments:
    Used
    tires
    and
    general
    waste.
    File
    Names:
    0558025006—04162009-[Exp.
    #I.jpg
    Page
    12
    of
    15

    Date:
    4-16-09
    Time:
    12:35pm
    Direction:
    N
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    026
    Comments:
    Old
    starter
    fluid
    cans.
    File
    Names:
    0558025006-04162009-
    [Exp.
    #1
    .j
    pg
    Page
    13
    of
    15

    File
    Names:
    0558025006—M4162009-[Exp.
    #I.jpg
    plastic
    and
    metal
    and
    tubing.
    Date:
    4-16-09
    Time:
    12:35pm
    Direction:
    W
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    028
    Comments:
    GCIDD
    Page
    14
    of
    15

    No
    Photograph
    File
    Names:
    0558025006--04162009-IExp.
    #1
    .jpg
    of
    an
    abandoned
    vehicle.
    The
    cans
    inside
    appear
    to
    be
    unweathered,
    in
    contrast
    to
    the
    other
    wastes
    at
    this
    site.
    Date:
    4-16-09
    Time:
    Direction:
    Photo
    by:
    P.
    Fatka
    Exposure
    #:
    Comments:
    Page
    15of15

    AFFIDAVIT,
    and
    OPENDUMP
    INSPECTION
    CHECKLIST
    To:
    Floyd
    Bums
    0
    1
    409
    S
    Stuyvesant
    I
    \
    I
    (
    1
    /‘\j
    P.O.
    Box
    1593
    Benton,IL
    62812
    and
    theoriginal
    and
    nine
    (9)
    true
    and
    correct
    copies
    of
    the
    same
    foregoing
    instruments
    on
    the
    same
    date
    by
    Certified
    Mail,
    ReturnReceipt
    Requested,
    withpostagethereon
    fully
    prepaid
    To:
    JohnTherriault,
    Clerk
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    100
    West
    Randolph
    Street,
    Suite
    11-500
    Chicago
    Illinois
    60601
    Michell’M.
    Ryai
    Assistant
    Counsel
    Illinois
    EnvironmentalProtection
    Agency
    1021
    North
    Grand
    AvenueEast
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
    (217)
    782-5544
    THIS
    FILiNG
    SUBMIYIED
    ON
    RECYCLED
    PAPER

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