ONEMState of Ohio Environmental Protection Agency

Northwest District Office

347 North Dunbridge Rd. TELE; (619) 352-5461 FAX; (419) 352E468 Ted Strickland, GovernorBowling Green, OH 43402-9398

Lee Fisher, Lieutenant GovernorChris Korleski, Director

Re: Allen CountyOpen Burning Complaint

Notice of Violation

July 27, 2009

CERTIFIED MAIL

Mr. Frederick ReedProperty Owner2041 Shawnee RoadLima, Ohio 45805

Dear Mr. Reed:

This office received a complaint on July 22, 2009, concerning open burning beingconducted on your property at 3780 Shawnee Road in Lima, Ohio. I investigated thecomplaint on July 23, 2009. My investigation shows that construction and demolitiondebris from various properties you own, cardboard products and paper products wereburned for disposal purposes and this was done within 1000 feet of adjacentresidences.

Based on my findings, there is sufficient evidence to determine that illegal open burningdid occur and the complaint is justified. This is a violation of OAC rule 3745-19-03(A).A copy of the OAC rules pertaining to open burning has been enclosed for your review.

Please submit a written response to Ohio EPA, Northwest District Office indicating yourunderstanding of the regulations and your commitment that no future illegal openburning will occur. Your response should be received by this agency no later thanAugust 12, 2009.

Please be advised that the submission of information to respond to this letter does notconstitute waiver of the Ohio EPA's authority to seek civil penalties pursuant to OhioRevised Code Section 3704.06. The Ohio EPA will make a decision whether to pursuesuch penalties regarding this matter at a later date.

Prntd on RnoycIn1 Pnpr Ohio EPA is an Equal Opportunity Employer

Mr. Frederick ReedJuly 27, 2009Page 2

If you have any questions concerning this letter or the regulations, please feel free tocall me at (419) 373-3137 ore-mail atthomas.cikotte(D-e pa. state. oh. us.

Sincerely,

T omas C. CikotteDivision of Air Pollution Control

/111

Enclosure

Pc: Allen County Health DepartmentLisa Holscher, U.S. EPA Region VTom Kalman, DAPC-CODon Waltermeyer, DAPC-NWDOTom Sattler, DAPC-NWDOThomas C. Cikotte, DAPC-NWDOCertified Receipt Number 7009 1680 0002 4297 0762

Re: Allen CountyOpen Burning Complaint

Notice of Violation

July 27, 2009

CERTIFIED MAIL

Frederick ReedProperty Owner2041 Shawnee Rd.Lima, Ohio 45805

Dear Mr. Reed:

This office received a complaint on July 22, 2009, concerning open burning being conducted onyour property at 3780 Shawnee Rd. in Lima, OH. I investigated the complaint on July 23, 2009.My investigation shows that construction and demolition debris from various properties youown, cardboard products and paper products were burned for disposal purposes and this wasdone within 1000 feet of adjacent residences.

Based on my findings, there is sufficient evidence to determine that illegal open burning didoccur and the complaint is justified. This is a violation of OAC rule 3745-19-03(A). A copy ofthe OAC rules pertaining to open burning has been enclosed for your review.

Please submit a written response to Ohio EPA, Northwest District Office indicating yourunderstanding of the regulations and your commitment that no future illegal open burning willoccur. Your response should be received by this agency no later than August 12, 2009.

Please be advised that the submission of information to respond to this letter does not constitutewaiver of the Ohio EPA's authority to seek civil penalties pursuant to Ohio Revised CodeSection 3704.06. The Ohio EPA will make a decision whether to pursue such penaltiesregarding this matter at a later date.

If you have any questions concerning this letter or the regulations, please feel free to call me at(419) 373-3137 or e-mail at thomas.cikotte(epa. state. oh.us .Sincerely,

Thomas C. CikotteDivision of Air Pollution Control

EnclosurePC: Lisa Holscher, U.S. EPA Region V

Torn Kalman, DAPC - CODon Walterrneyer, DAPC - NWDOTorn Sattler, DAPC - NWDOThomas C. Cikotte, DAPC - NWDOAllen County Health Dept.

OHIO ENVIRONMENTAL PROTECTION AGENCYCOMPLAINT INVESTIGATION REPORT

DISTRICT COUNTY DATE RECEIVED DATE(S) INVESTIGATED

NWDO Allen 7.22.09 7.23.09

TYPE AIR COMPLAINANT: Sharron Brenneman - 419.234.3237

TELEPHONE X INDUSTRIAL - HPF

VISIT - PARTICULATE - SUSPECTED SOURCE OF EMISSIONS:

LETTER - ODOR - Chris & Jaime Bardo

DCN FUGITIVE DUST 3780 Shawnee Rd.- - Shawnee Twp, OH 45806

E-MAIL - OPEN BURNING X 567.242.3405

OTHER OTHER- Property Owner:

Frederick F. Reed2041 Shawnee Rd.Lima, OH 45805Cell: 419.234.5567Home: 419.991.6938

STATEMENT OF COMPLAINANT: Complainant says her neighbor has big bonfires where he burns C&D debris, furniture,plastic and all kinds of stuff every couple days. She said the fires are much larger than the 3' x 2' fires allowed and he is within 1000feet of neighboring houses. She stated that he works for some kind of a contracting company and he brings trailers in full of stuff toburn. She also stated that she has "before and during" pictures she could send to us.

STATEMENT OF SOURCE OPERATOR:Upon arrival Jaime Bardo told me that she was not surprised to see me, as the Chief of the Shawnee Twp FireDepartment (STFD) was out the daybefore and inspected the site. The chief said the fire was a little large but the material they were burning was fine. He was ok with the situationand said that if they were going to have any fires that they should call the STFD and inform them, that way any complaints could be refuted and noinvestigation would be necessary. I advised Chris Bardo to clean up the pit, remove some of the ash and make the fire ring smaller, to complywith the 3' diameter limit.

Chris Bardo works for the property owner, Fred Reed, helping maintain the multiple properties Mr. Reed owns. Occasionally, when remodeling,wood items ("trim, furniture, paneling, stuff like that", per Reed) were brought to the house at 3780 Shawnee Rd. Bardo would burn such itemsalong with any paper and cardboard he had for Reed, per his instruction. Reed concurred with this when asked and thought that as long as it waswood material that is was ok.

FINDINGS: JUSTIFIED X NOT JUSTIFIED CANNOT BE DETERMINED

RECOMMENDATIONS: NOV, both tenant and property ownerDATE OF WRITTEN FOLLOW UP 7.24.09

CORRECTIVE ACTION AGREED TO BY SOURCE: Both the tenant (Bardo) and the property owner (Reed) agreed tostop burning.

COMMENTS: The fire ring was larger than allowed (5-6') and there were a few pieces of plastic from packaging of laminate flooringin the burn pile. Also there were some laminate wood floor scrap pieces in plastic bags, partially burned, in the pile. Most of the othermaterial in the pile was cardboard and paper, however, there was evidence of C&D being burned there (lots of nails). Also, there wasanother pile of material that was there to be disposed of which contained trim, dimensional limber, painted cabinets, furniture and brush.

INVESTIGATOR(S): TCC DATE RESOLVED:

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