BRIAN

J.

TOWNE

STATE’S

ATTORNEY

OFFICE

OF

THE

STATFS

ATTORNEY

LASALLE

COUNTY,

ILLINOIS

LASALLE

COUNTY

GOVERNMENTAL

COMPLEX

707

ETNA

ROAD,

SUITE

251

OTTAWA,

IL 61350

(815)

434-8340

Fax

(815)

434-8357

STATE

OF

ILLINOIS

COUNTY

OF LASALLE

Complainant

ERNEST

W.

FOSTER

Respondent

COUNTY

OF

LASALLE

ADMINISTRATIVE

CITATION

)

)

)

)

)

)

)

)

)

OFFICE

JUN

102009

PoJI

STATE

OP

ILLINOIS

0

Controj

6

0ar

JURISDICTION

This

Administrative

Citation

is

issued

pursuant

to

authority

vested

in

the

Illinois

Environmental

Protection

Agency

by 415

1LCS

5/31.1,

formerly

Ill.

Rev.

Stat.

1991,

Ch. 111

‘/2, par.

1031.1,

and

delegated

to the County

of LaSalle

pursuant

to 415

ILCS

5/4

(r),

formerly

Ill.

Rev.

Stat,

Ch. 111

‘/,

par. 1004

(r).

FACTS

I.

That

Respondent,

Ernest

W. Foster,

is

the

present

owner andlor

operator

of

property

located

in Deer

Park

Township,

LaSalle

County,

illinois.

2.

That

said facility

is

an

open

dump,

operating

without

an

Illinois

Environmental

Protection

Agency

Permit,

and is

designated

with Site

Code No.

0998055002.

Said

flcility

is

commonly

known

to

the

Agency

as the

Ernest

W.

Foster

Property.

3.

That

the Respondent has

owned

and/or

operated

said

facility

since

Dec.

15,1998.

4.

That

on

May

8,

2009,

Mathew

Stafford,

Landfill

Inspector,

LaSalle

County

Department

of

Environmental Services

and

Land

Use,

under

the

authority

of the

Illinois

Environmental

Protection

Agency,

inspected

the

above described

facility.

A

copy

of the

inspection

reports

setting

forth the

results

of

such

inspections

are

attached

hereto

and

made

a part

hereof.

V.

ACNO

---

VIOLATIONS

5.

On

the

basis

of

direct

observations

of

Mathew

Stafford

of

the

LaSalle

County

Department

of

Environmental

Services

and

Land

Use,

it

has

been

detennined

that

the

Respondents

have

caused

or

allowed

open

dumping

at

the

above

described

facility

in

a

manner

which

results

in

the

following

occurrences:

That

on

May

8,

2009,

an

on-site

inspection

of

said

facility

disclosed

the

following:

XXX

Causing

or

allowing

litter

--

415

ILCS

5/21(p)

(1),

(fonnerly

Ill.

Rev.

Stat.

1991,

ch.

111

‘/2,

par.

1021

(p)

(1)

[formerly

par.

1021

(q)

(1)]).

or

allowing

scavenging

operations

--

415

ILCS

5/21

(p)

(2),

(formerly

Ill.

Rev.

Stat.

1991,

oh.

111

‘/2,

par.

102

(p)

(2)

[formerly

par.

1021

(q)

(2)]).

or

allowing

open

burning

—415

ILCS

5/21

(p)

(3),

(formerly

Ill.

Rev.

Stat.

1991,

oh.

111

Y

2

,

par.

1021(p)

(3)

[formerly

par.

1021

(q)

(3)]).

or

allowing

the

deposition

of

waste

in

standing

or

flowing

waters

--

415

ILCS

5/21

(p)

(4),

(formerly

Ill.

Rev.

Stat.

1991,

oh.

111

‘/2,

par.

1021(p)

(4)

[formerly

par.

l0

2

1(q)

(4)]).

or

allowing

proliferation

of

disease

vectors

--

415

ILCS

5/21

(p)

(5),

(formerly

Ill.

Rev.

Stat.

1991,

ch.

III

‘/2,

par.

lO2l(p)

(5)

[formerly

par.

1021

(q)

(5)]).

or

allowing

the

generation

of

standing

or

flowing

liquid

discharge

from

the

open

dump

site

—

415

ILCS

5/21

(p)

(6),

(formerly

Ill.

Rev.

Stat.

1991,

oh.

111

‘/2,

par.

10

2

1(p)

(6)

[formerly

par.

1021

(q)

(6)]).

or

allowing

the

deposition

of

general

construction

or

demolition

debris,

or

clean

construction

or

demolition

debris

in

violation

of

415

ILCS

5/2l(p)(7).

CIVIL

PENALTY

6.

Pursuant

to

415

ILCS

5/42

(b)(4),

formerly

ill.

Rev.

Stat.

1991,

oh.

ill

Y

2,

par.

1042

(b)(4),

Respondent

herein

is

subject

to

a

civil

penalty

of

Fifteen

Hundred

Dollars

($1500.00)

for

each

violation

specified

above

in

Paragraph

5(b)

for

a

total

of

one

Thousand

Five

Hundred

Dollars

($1500.00).

Additionally,

should

Respondent

elect

to

petition

the

Illinois

Pollution

Control

Board

under

the

review

process

described

herein

below,

and

if

there

is

a

finding

of

the

violation

alleged

herein,

after

an

adjudicatory

hearing,

Respondent

shall

be

assessed

the

associated

bearing

costs

incurred

by

the

illinois

Environmental

Protection

Agency

and

the

illinois

Pollution

Control

Board,

in

addition

to

the

Fifteen

Hundred

Dollar

($1500.00)

statutory

penalty

for

each

finding

of

violation.

7.

If

you

acknowledge

the

violations

cited

herein

above,

the

civil

penalty

specified

above

shall

be

due

and

payable

no

later

than

thirty-five

(35)

days

from

the

date

of

service

hereof.

If

you

do

not

petition

the

illinois

Pollution

Control

Board

of

review

of

this

Administrative

Citation

within

thirty-five

(35)

days

of

service

hereof

or

if

you

elect

to

contest

this

Administrative

Citation,

any

judgment

rendered

against

you

shall

specify

the

due

date

of

the

statutory

civil

penalty

and

any

costs

assessed

against

you.

8.

When

payment

is

made,

your

check

should

be

made

payable

to

the

LASALLE

COUNTY

DEPARTMENT

OF

ENVIRONMENTAL

SERVICES

AND

LAND

USE

and

mailed

to:

LaSalle

County

DeparUnent

of

Environmental

Services

and

Land

Use

119

West

Madison

Street

Room

107

Ottawa,

fihinois

61350

Also,

please

complete

and

return

the

enclosed

Remittance

Form,

along

with

your

payment,

to

assure

proper

documentation

of

payment.

---

9.

If

any

civil

penalty

imposed

by

the

Illinois

Pollution

Control

Board

is

not

paid

within

the

time

prescribed

in

the

order, interest

from

such

penalty

will

be

assessed

for

the

period

from

the

date

payment

is

due

until

the

date

payment

is

received.

If

any

civil

penalty,

by

reason

of

acknowledgment,

default

or

finding

after

the

adjudicatory

hearing

is

not

paid

when

due,

the

LaSalle

County

State’s

Attorney

may

initiate

proceedings

in

Circuit

Court

to

collect

said

civil

penalty.

In

addition

to

the

previously

assessed

civil

penalty,

interest

and

hearing

costs

of

the

Illinois

Pollution

Control

Board,

if

any,

the

State’s

Attorney’s

Office

will

seek

to

recover

their

costs

of

litigation.

PROCEDURE

FOR

CONTESTING

THIS

ADMINISTRATIVE

CITATION

10.

You

have

the

right

to

contest

this

Administrative

Citation.

çç

415

ILCS

5/31.1,

formerly

Ill.

Rev.

Stat.

1991,

Ch.

111

‘/z,

par.

1031.1.

If

you

elect

to

contest

this

Administrative

Citation,

you

file

a

Petition

for

Review

withthe

Clerk

of

the

Illinois

Pollution

Control

Board.

Copies

of

the

Petition

for

Review

should

also

be

filed

with:

Troy

D.

Holland

LaSalle

County

Special

Assistant

State’s

Attorney

707

Etna

Road

Ottawa,

Illinois

61350

LaSaIle

County

Department

of

Environmental

Services

and

Land

Use

119

West

Madison

Street

Room

107

Ottawa,

Illinois

61350

Such

Petition

for

Review

mt

be

filed

within

thirty-five

(35)

days

of

the

date

of

service

of

this

Administrative

Citation,

or

a

default

judgment

shall

be

entered

by

the

Pollution

Control

Board.

Petition

for

Review

may

be

flIed

with

the:

Clerk

of

the

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

100

West

Randolph,

Suite

11-500

Chicago,

IL

60601

Dated:

‘

Brian

3.

Towne

LaSalle

County

State’s

Attorney

By:

Special

Assistant

State’s

Attorney

---

CLERic$

OFF9CE

BEFORE

TIlE

10

2nqg

ILLINOIS

POLLUTION

CONTROL

BOARD

STATE

OF

ILIJNOJ5

Pollution

Control

Board

COUNTY

OF

LASALLE

)

)

Complainant

)

v.

)

)

ERNEST

W.

FOSTER

)

AC

NO.

)

Respondent(s)

)

REM1TEANCE

FORM

FACILITY:

Ernest

W.

Foster

Site

Code:

0998055002

1065

N

21

Road

County:

LaSalle

Oglesby,

IL

61348

Township:

Deer

Park

CiVIL

PENALTY:

$1500.0

for

each

violation

Number

of

Violation(s):

one

(1)

Total

Remittance:

$1,500.00

Date

of

Inspection:

May

8,2009

DATE

REMII

lED:

SSJFEIN

NUMBER

SIGNATURES

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:

LaSalle

County

Department

of

Environmental

Services

and

Land

Use

119

West

Madison

Street,

Room

107

Ottawa,

IL

61350

---

JUN

10

2UQg

INFORMATIONAL

NOTICE!!!

a

IT

IS

IMPORTANT

THAT

YOU

READ

THE

ENCLOSED

DOCUMENTS

NOTE:

This

Administrative

Citation

Refers

to

One

State

Agency

and

Two

County

Entities

The

One

State

Agency

Is:

ILLINOIS

POLLUTION

CONTROL

BOARD

JAMES

R

THOMPSON

CENTER

100

WEST RANDOLPH

STREET,

SUITE

11-500

CHICAGO,

ILLINOIS

60601

The

Two County

Entities

Are:

LASALLE

COUNTY

STATE’S

ATTORNEY

OFFICE

ATTENTION:

TROY

D.

HOLLAND

707

ETNA

ROAD

OTTAWA,

ILLINOIS

61350

LASALLE

COUNTY

DEPARTMENT

OF

ENVIRONMENTAL

SERVICES

AND

LAM)

USE

119

WEST

MADISON

STREET

ROOM

107

OTTAWA,

ILLINOIS

61350

Ifyou elect

to

contest

the

enclosed

ADMINISTRATIVE

CITATION,

you

must

file

a

PETITION

FOR

REVIEW

within

thirty-five

(35)

days of

the

date

the

ADMINISTRATIVE

CITATION

was

served

upon

you.

Any

such

PETITION

FOR

REVIEW

must

be

filed

with

the

CLERK

OF

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

by

either

hand-delivering

or

mailing

the

PETITION

FOR

REVIEW

to

the

CLERK

OF

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

at the

address

given

above.

A

copy

of

the

PETITION

FOR

REVIEW

should

be

either hand-delivered

or

mailed

to

the

LASALLE

COUNTY

STATE’S

ATTORNEY’S

OFFICE,

ATTENTION:

TROY

D.

HOLLAND

at

the

address

given

above.

Also,

a copy

of

the

PETITION

FOR

REVIEW

should

be

either

hand-delivered

or

mailed

to

the

LASALLE

COUNTY

DEPARTMENT

OF

ENVIRONMENTAL

SERVICES

AND

LAND

USE

at

the

address

given

above.

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

Open

Dump Inspection

Checklist

County:

LaSalle

LPC#:

0998055002

Region:

I

- Rockford

LocationlSite

Name:

Deer

Park Township/Ernest

Foster Property

Date:

0510812009

Time:

From 7:40 am

To

7:50

am

Previous

Inspection Date:

02/20/2009

Inspector(s):

M.

Stafford

Weather:

Mostly Cloudy

55 F degrees

No. of

Photos

Taken:

# 6

Est.

Amt.

of Waste:

200

+ yds3

Samples

Taken:

Yes #

No

Interviewed:

Complaint

#: County

98-061

r- -‘r—

Responsible

Party

Mailing

Address(es)

and Phone

Number(s):

r,

—

,—.

:;

Ernest

Foster

Spfid

1065

North

21 Road

Rkfd

Oglesby,

IL

61348

STATE,

OF

ILLINOIS

PoIIutI

Control

BOard

SECTION

DESCRIPTION

VIOL

ILLINOIS

ENVIRONMENTAL

PROTECTION

ACT

REQUIREMENTS

1.

9(a)

CAUSE,

THREATEN

OR ALLOW

AIR POLLUTION

IN

ILLINOIS

El

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

[1

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

[1

(2)

In Violation

of Any Regulations or

Standards Adopted

by

the Board

[1

DISPOSE,

TREAT, STORE,

OR ABANDON ANY

WASTE, OR

TRANSPORT

ANY

7.

21(e)

WASTE

INTO THE STATE

ATITO SITES NOT

MEETING

REQUIREMENTS

OF

ACT

CAUSE OR

ALLOW THE OPEN DUMPING

OF

ANY WASTE IN A MANNER

WHICH

RESULTS

8.

21(p)

IN ANY OF

THE FOLLOWING

OCCURRENCES

T

THE

DUMP

SITE:

(1)

Litter

(2)

Scavenging

[]

(3)

Open

Burning

[El

(4)

Deposition of Waste

in Standing

or

Flowing Waters

[El

(5)

Proliferation of Disease

Vectors

[El

(6)

Standing

or Flowing Liquid

Discharge from the Dump

Site

[El

A

(cI1Q/)flfl1

(Ci,.n

1

---

LPC

#

0998055002

(7)

Demolition

Deposition

ofDebris

General

Construction

or Demolition

Debris;

or

Clean

Construction

or

[]

9.

55(a)

NO

PERSON SHALL.:

(1)

Cause

or

Allow

Open

Dumping

of

Any

Used

or

Waste

Tire

[1

(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.

812.101(a)

OPERATE

A

LANDFILL

11.

72.111

HAZARDOUS

WASTE

DETERMINATION

12..

808.121

SPECIAL

WASTE

DETERMINATION

ACCEPTANCE

OF SPECIAL

WASTE

FROM

A

WASTE

TRANSPORTER

WITHOUT

A

WASTE

HAULING

PERMIT,

UNIFORM

WASTE

PROGRAM

REGISTRATION

AND

13.

809.302(a)

PERMIT

ANDIOR

MANIFEST

OTHER

REQUIREMENTS

APPARENT

VIOLATION

OF:

([])

PCB;

(El)

CIRCUIT

COURT

14.

CASE

NUMBER:

ORDER

ENTERED

ON:

15.

OTHER:

Informational

Notes

1.

[Illinois]

Environmental

Protection

Act:

415

ILCS

5/4.

2.

Illinois

Pollution

Control

Board:

35 Ill.

Adrn.

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

Agencys

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:

05/08/2009

ASignature

of

Inspector(s)

niii

Q/’)flfll

---

NARRATIVE

INSPECTION

REPORT

DOCUMENT

Date

of

Review:

May

8,

2009

Inspector(s):

Mathew

Stafford

Site

Code:

0998055002

Time:

7:40

a.m.

-

7:50

a.m.

GENERAL

REMARKS

On

May

8,

2009,

a

solid

waste

inspection

was

conducted

by

Mathew

Stafford

representing

LaSalle

County

Environmental

Services

and

Land

Use

Department

wider

the

delegated

authority

of

the

fihinois

Environmental

Protection

Agency

at

the

property

listed

as

being

owned

by

Ernest

W.

Foster.

The

property

is

located

in

the

SW

¾

of

the

SE

Y%

Section

14,

Deer

Park

Township,

LaSalle

County,

Illinois.

It

is

also

described

as

aS

acre

lot

at

1065

N.

21st

Rd.

During

the

inspection

the

following

was

noted:

causing

or

allowing

open

dumping;

disposing

and

storing

of

waste

at

a

site

not

meeting

requirements

of

the

Act

and

Regulations,

failure

to

submit

an

application

for

a

permit

to

develop

and

operate

a

landfill,

causing

or

allowing

the

open

dumping

of

waste

in

a

manner

resulting

in

litter

at

the

dump

site.

The

property

is

also

in

violation

of

the

LaSalle

County

Abandoned

and

Inoperable

Motor

Vehicle

Ordinance.

This

case

has

been

open

since

1998

and

over

30

inspections

have

been

conducted

at

this

location.

Weather

conditions

noted

on

arrival

were

mostly

cloudy

and

approximately

55°

F.

I

arrived

at

the

site

at

approximately

7:40

a.m.

I

approached

the

site

from

the

west

on

North

21’s

Road.

I

paused

on

the

road

on

the

western

side

of

the

property

and

photographed

a

number

of

vehicles

parked

along

the

north

side

of

north

21’s

road

(photo

1

140_Ol).

At

least

four

semi-trailers,

a

camper,

a

dump

truck,

and

a

semi

tractor

can

be

identified

in

the

photograph.

I

continued

driving

east

on

north

21’s

and

paused

when

in

front

of

the

row

of

vehicles

observed

in

photo

114001.

Photograph

1

140_02

shows

a

camper,

flatbed

semi

trailer;

a

ford

pick-up

truck,

two

semi

trailers,

semi

tractor,

as

well

as

other

miscellaneous

material

strewn

amongst

the

vehicles.

I

continued

driving

towards

the

east

side

of

the

property.

I

paused

and

captured

a

picture

of

some

more

vehicles

parked

near

the

road

(1

140_03).

At

the

southeast

corner

of

the

property

I

paused

at

a

small

pathway

entering

the

property

to

capture

a

picture

of

miscellaneous

solid

waste

littering

the

property

(photo

114004).

I

turned

slightly

to

the

left

and

photographed

some

utility

poles,

a

pile

of

metal,

a

trailer

stacked

with

construction/demolition

debris,

a

vehicle,

a

trailer

filled

with

lawn

mowers

and

lawn

mower

parts,

and

other

miscellaneous

materials

scattered

in

the

photo

view.

I

drove

to

the

east

side

of

the

property

and

turned

north

onto

East

1075

th

Road,

pausing

to

take

a

picture

of

a

pile

of

rolled

fencing

material

and

the

trailer

filled

with

lawn

mowers

(1

143_04).

While

it

is

difficult

to

discern

the

specifics

of

some

of

the

solid

waste

on

the

property

because

of

distance

from

the

road

and

vegetation,

the

pictures

do

help

to

provide

evidence

of

the

volume

of

solid

waste

present

on

the

property.

I

concluded

the

inspection

and

left

the

facility

at

approximately

7:50

am.

EXPLANATION

OF

PHOTOGRAPHS

Photo

1140.01

Shows

vehicles

parked

along

North

21’

Road

Photo

taken

facing

east

Photo

1140.02

Shows

vehicles

and

miscellaneous

solid

waste

Photo

taken

facing

north

Photo

1140.03

Shows

vehicles

Photo

taken

facing

northwest

Photo

1140.04

Shows

misc.

solid

waste

southeast

side

of

property

Photo

taken

facing

north

Photo

1140.05

Shows

misc.

solid

waste

southeast

side

of

property

Photo

taken

north

Photo

1140.06

Shows

misc.

solid

waste

southeast

side

of

property

Photo

taken

facing

west

Foster-rep/i

---

STATE

OF

ILLINOIS

ENVmONNTAL

PROTECTION

AGENCY

SITE

SKETCH

Date

of

Inspection:

Inspector:

Site

Code:

County:

Site

Name:

-ç

,2jyZ

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Time:

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4

/

]•

TvIorTrai’(

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Pck-p

)O.

P.k-p

cew

7’VaLIt’L

---

toward:

east

DISK#:

1140

PHOTO#:

01

DATE:

05/08

/09

TIME:

7:42

a.m.

PHOTOGRAPH

TAKEN

BY:

M.

Stafford

COMMENTS:

Picture

taken

toward:

north

I..

DISK

#:

1140

PHOTO

#:

02

---

toward:

North

DISK#:

1140

PHOTO#:

05

DATE:

5

/

08

/

09

TIME:

7:49

a.m.

PHOTOGRAPH

TAKEN

BY:

M.

Stafford

COMMENTS:

Picture

taken

toward:

west

DISK

#:

1140

PHOTO

#:

06

---

4

COUNTY

OF

LASALLE

)

/‘•j

)

Complainant

))

v.

)

ERNEST

W.

FOSTER

)

AC

NO.

NECVED

Respondent(s)

)

CLRKS

OFFICE

PROOF

OF

SERVICE

1

2009

STATE

OF

ILLINOIS

The

undersigned,

after

being

first

duly

placed

on

oath,

voluntarily

deposes

and

states

attached

LaSalle

County

Administrative

Citation,,

Informational

Notice,

Remittance

Form,

together

with

correct

copies

of

the

attached

Inspector’s

Affidavit,

the

Inspection

Report

Form

with

attachments

upon

the

following

named

person(s):

Ernest

W.

Foster

1065

N3l

Road

Oglesby,

IL

61348

or

upon

an

authorized

agent

of

such

person(s)

for

the

purpose

of

service

of

process

upon

such

person(s),

by:

()

personal

service

(X)

Certified

Mail,

postage

pre-paid

and

deposited

in

the

United

States

Mail,

plainly

addressed

to

such

person(s)

at

the

above-described

location.

on

this,

the_Q7day

of

,

A.D.

2009.

Tracy

Jonassen,

LaSalle

County

Subscribed

and

Sworn

to

Before

Me

this

day

of

,

A.D.

2009.

óZ4otaryPuilifr

---

COUNTY

OF

LASALLE

STATE

OF

ILLINOIS

Pollution

Control

Board

COUNTY

OF

LASALLE

))

Complainant

)

)

v.

)

ERNEST

W.

FOSTER

)

AC

NO.

S

)

Respondent(s)

)

AFFIDAVIT

Affiant,

Mathew

Stafford,

being

first

duly

sworn,

voluntarily

deposes

and

states

as

follows:

1.

Affiant

is

a

field

inspector

employed

by

the

County

of

LaSalle

andhas

been

so

employed

at

all

times

pertinent

hereto.

2.

On

May

8,

2009

between

7:40

a.m.

and

7:50a.m.,

Afflant

conducted

inspections

of

a

disposallstorage

site

operated

without

an

Agency

permit,

located

in

LaSalle

County,

Illinois

and

known

as

the

Ernest

W.

Foster

Property

by

the

Illinois

Environmental

Protection

Agency.

Said

site

has

been

assigned

site

code

number

0998055002

by

the

Agency.

3.

Affiant

inspected

the

said

Deer

Park

Township

/

Ernest

W.

Foster

Property

open

dump

site

by

an

on-site

inspection

which

included

conducting

a

visual

inspection

from

the

road

and

photographing

the

site.

4.

As

a

result

of

the

material

actions

referred

to

in

paragraph

3

above,

Affiant

completed

the

Inspection

Report

Forms

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

Deer

Park

Township!

Ernest

Foster

Property

open

dump.

County

Subscribed

and

Sworn

to

Before

Me

this

)71âay

of

,

A.D.

2009.

OFFJCIAj.

SEAl.

TRACY

JONASSEN

NOTARY

PUBLIC.

STATE

OF

LuNOs

MY

COMMISSi

EXPIRESi

1120/li

---

The

following

is

in

response

to

your

06/04/2009

request

for

delivery

information

on

your

Certified

Mail(TM)

item

number

7108

2133

3936

1792

3101.

The

delivery

record

shows

that

this

item

was

delivered

on

06/01/2009

at

04:01

PM

in

OGLESBY,

IL

61348.

The

scanned

image

of

the

recipient

information

is

provided

below.

RECEVED

CLERIcS

OFFICE

JUN

102009

Signature

of

Recipient:

STATE

OF

ILLINOJS

Pollution

Control

Board

r11

/

Address

of

Recipient:

/

f\

/

,7j

fl

Thank

you

for

selecting

the

Postal

Service

for

your

mailing

needs.

If

you

require

additional

assistance,

please

contact

your

local

Post

Office

or

postal

representative.

Sincerely,

United

States

Postal

Service

---

James

R.

Thompson

Center

100

WestRandolph,

Suite

11-500

R

ECEVED

Chicago,

IL

60601

CL.FR’S

C)FICE

Re:

ADMINISTRATIVE

CITATION

1

J

OO9

r•(j

4>

IEPACase

No.:

STATE

OF

ILLINOIS

Site

Code

No.:

0998110001

Pollution

Control

Board

Inspection

Date:

05/08/09

nr’

“1

Dear

Ms.

Gunn:

L1

1

U

Ii

Enclosedfor

filing

with

the

Board

is

the

AdministrativeCitation

package

issued

to

the

above-captioned

facility.

I

am

forwarding

one

complete

copy

which

includes

the

following:

1.

The

Administrative

Citation

2.

The

FieldInspector’s

Affidavit

3.

A

Remittance

Form

I

am

also

enclosingten

(10)

additional

copies

of

the

Administrative

Citation

and

Inspector’s

Affidavit.

Please

file

stamp

a

copy

and

return

it

to

our

office.A

self-addressed

stamped

envelope

is

enclosed

for

your

convenience.

For

your

records,

the

Citationpackage

was

delivered

via

Certified

US

Mail

(9171082133393617923101)

on

June

1,

2009

and

received

by

ErnestFoster

on

June

1,

2009.

The

signedand

datedaffidavit

shows

receipt

of

this

Administrative

Citation

so

your

files

will

reflect

the

thirty-five

(35)

days

after

whichtheBoard

can

enter

therequired

Default

Order

if

a

Petition

forReview

has

not

been

filed.

If

the

Respondent

paysthe

civil

penalty

without

filing

a

Petition

for

Review,

I

will

so

notify

your

office.

Respondents

were

served

at:

Ernest

W.

Foster

1065

North

21st

Rd

Oglesby,

IL

61348

Thank

you

for

your

assistance

andkind

attention

to

this

matter.

If

there

are

furtherdocuments

or

materialswhich

you

need

from

us,

please

let

me

know.

Sincerely,

14

1d

Michael

E.

Harsted

Director

Enclosures