RECE~VE~
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
272004
ADMINISTRATIVE CITATION
STATE
OF
ILLINOIS
PoHution Control Board
COUNTY OF
VERMILION, ILLINOIS,
)
Complainant,
)
AC No.
O~
)
V.
)
County File No.
04-02
)
BILL WERNIGK,
)
)
Respondent.
)
JTJRISDICTION
This
Administrative Citation is issued pursuant to the authority vested in the
Illinois Environmental Protection Agency by sections
4(e) and 31.1
of the Illinois
Environmental Protection Act (“Act”), 415 ILCS
5/4(e),
5/31.1, and delegated to
Vermilion County pursuant to
section 4(r) of the Act,
415 ILCS
5/4(r).
FACTS
1.
Respondent, Bill Wemigk,
is, and was at all times relevant to
this
Administrative Citation, the occupant and operator of property located at
3585
East
3200 North Road, Potomac, County ofVennilion,
State ofIllinois.
2.
Said property is operated as an unlicensed open dump,
and designated with
Illinois Environmental Protection Agency Site Code No.
1838115002.
3.
On July 22, 2004, Douglas Toole ofthe Vermilion County HealthDepartment
inspected the above-described property.
Douglas Toole’s Affidavit and a
copy of his inspection report are attached hereto and made a part hereof by
reference.
VIOLATIONS
On the basis ofthe direct observation ofDouglas Toole, the County ofVermilion
has determined that on July 22, 2004, Respondent was conducting
an unlicensed open
dump
at the above-described address, which is required to have a permit pursuant to
415
I.LCS
5/21(a)
ofthe Act,
in a manner which resulted in the following conditions:
A.
Open dumping resulting in litter was
observed at the site, in violation of
Section 2l(p)(l) ofthe Act, 415
IILCS
5/2l(p)(l), which provides no
person shall.. .cause or allow the open dumping ofany waste in a manner
which results in
..
.
litter;
and
B.
Open dumping resulting in the deposition of general and clean
construction and demolition
debris was observed at the site, in violation of
Section 2l(p)(’7) ofthe Act, 415 ILCS
S/2l(p)(7),
which provides no
person shall.
.
.
cause or allow the
open dumping of any waste in a manner
which results in.
.
.
the deposition of general construction or demolition
debris; or clean construction or demolition debris.
CIVIL PENALTY
Pursuant to section
42(b)(4-5)
ofthe Act,
415
TILCS
5/42(b)(4-5),
Respondent
herein is subject to
a civil penalty ofThree Thousand Dollars ($3000.00) for each ofthe
above-mentioned violations, due to said violations being Respondent’s subsequent
violation ofthe provisions.
Additionally, should Respondent elect to petition the illinois
Pollution Control Board under the review process described herein, and if there
is a
finding ofthe violation alleged herein after an adjudicatory hearing, Respondent shall be
assessed the associated hearing costs incurred by the Illinois Pollution Control Board, in
addition to the Three Thousand Dollar ($3000.00) statutory penalty for each violation.
PROCEDURE FOR CONTESTING
THIS ADMINISTRATIVE
CITATION
You have the right to contest this Administrative
Citation under section 31.1(d) of
the Act, 415 ILCS
5/31.1(d).
Ifyou elect to contest this Administrative Citation, you
must file a Petition for Review with the Clerk of the illinois Pollution
Control Board, at
the State ofillinois
Center,
100 West Randolph Street, Suite 11-500, Chicago, Illinois
60601.
Such Petition forReview must be filed within thirty-five
(35)
days of the date of
service ofthis Administrative Citation, or a defaultjudgment will be issued by the Illinois
Pollution Control Board.
A copy ofthe Petition for Review should be filed with the
Vermilion County State’s Attorney’s Office,
7
North Vermilion Street, Danville, Illinois
61832.
Ifyou acknowledge the violation cited herein, the civil penalty specified above
shall be due
and payable no later than October 16,
2004.
If you do not petition the
Illinois Pollution Control Board for review of this Administrative Citation within thirty-
five
(35)
days of service hereof and have not paid the civil penalty by the due date stated
above, or if you elect to contest this Administrative Citation, anyjudgment rendered shall
specify the due date ofthe statutory civil penalty and any costs assessed against you.
When payment is made, your check should be made payable to the County of
Vermilion,
Illinois, and mailed to the Vermilion County Health Department,
200 South
College
Street, Danville,
Illinois
61832, together with a completed copy ofthe
Remittance Form attached hereto.
If any civil penalty, by reason of acknowledgment, default or finding after
adjudicatory hearing, is not paid when due, the Vermilion County State’s Attorneymay
initiate proceedings in the Circuit Court to
collect said civil
penalty.
In addition to the
previously assessed civil penalty and any hearing costs of the Illinois Pollution Control
Board,
the State’s Attorney’s Office will seek to recover its costs of litigation.
Dated:
~/
~/
O~
__________________
Frank R.
Young
State’s Attorney for Vermilion County
By~S~,
Jennifer Rigs
Assistant S ate’s
ttorney
Prepared by:
Jennifer Riggs
Office of the State’s Attorney
7 N. Vermilion St.
Danville, IL
61832
217-554-7750
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
AFFIDAVIT
IN THE MATTER OF
)
BILL WERMGK,
)
AC No.
____
)
County File No. 04-02
Respondent.
)
-
The Affiant, Douglas Toole, being first duly sworn, voluntarily deposes and states
as follows:
1.
Afflant is a field inspector employed by the Vermilion County Health
Department and has been so employed at all
times pertinent hereto.
2.
On July 22, 2004, between 10:50 a.m. and
11:00 a.m., Afflant conducted an
inspection ofproperty at 3585 East 3200 North Road, within the County of
Vermilion,
State of illinois, operated by Bill Wemigk.
3.
Affiant inspected the propertyby an on-site inspection, which included
walking on the site.
4.
Prior to
said inspection, Affiant had reviewed Illinois Environmental
Protection Agency permits issued to the subject site.
5.
As a result ofthe activities referred to in paragraphs 2,
3
and 4 above, Affiant
completed the Solid Waste Landfill Inspection Checklist, with the
accompanying Inspection Report Narrative, Site Sketch and photographs,
attached hereto and made a part hereof, which, to the best ofAffiant’s
knowledge and belief, is an accurate representation ofAffiant’s observations
and factual conclusions with respect to theproperty at 3585 East 3200 North
Road, Potomac, Illinois on July 22, 2004.
/~
~
fti;~t/q~t~2
/O~rt~
Douglà~Toole
SIGNED and SWORN to before me this
,~
day ofSeptember 2004,
by
Douglas Toole.
~
NOTARY PIJBL C
-OF~CL~L
~
-S
BON~~I~
~
‘-~ -‘--
-
n
RECEQVED
CLERK’S OFFICE
SEP
272004
REMITTANCE
FORM
STATE
OF ILLINOIS
Pollution Control Board
IN THE MATTER OF
)
)
ACNo.~
BILL WERNIIGK,
)
County File No. 04-02
)
Respondent.
)
Facility/Property:
3585 East 3200 North Road, Potomac, Illinois
County:
Vermilion
Date ofInspection:
July 22, 2004
Site Code No.:
1838115002
Civil Penalty:
$3000.00
for each violation
=
$6000.00
Date Remitted:
_________________
SSN/FEIN No.:
____________
Signature:
________________
NOTE
Please enter the date ofyour remittance, your Social Security Number (SSN) if an
individual, or Federal Employer Identification Number (FEIN) if a business, and sign this
Remittance Form.
Your check should be made out to the County ofVermilion, Illinois.
Be sure your check is enclosed with this Remittance Form and mail to: Vermilion County
Health Department, 200 5.
College Street, Danville,
Illinois 61832.
BEFORE THE ThLI~OIS
POLLUTION CONTROL BOARD
I~
THE MATTER OF
)
ACNo.___
BTLL WERNIGK,
)
County File No. 04-02
)
Respondent.
)
AFFIDAVIT OF
SERVICE ON CORPORATION
State ofIllinois
)
)
County ofVermilion
)
I, the undersigned, on oath state that I have served the attached Administrative
Citation on the Respondent, Bill Wemigk, by leaving
a copy ofthe same with (name):
______________________
at (address):
J~5~E.
32°c fl
at (time):
________
on (date):
____________,
2004.
/
Investigator
Vermilion County State’s Attorney Office
SUBSCRIBED AND SWORN TO BEFORE ME this
‘say of
,
2004.
NOTARY PUBLIC
THIS
F~~G
IS SUBMITTED ON RECYCLED PPE~
L
:s
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Open
Dump
Inspection Checklist
County:
Vermilion
LPC#:
1838115002
Region:
4-Champaign
Location/Site Name:
Middlefork / Wernigk
-
Date:
07/22/2004
Time:
From
10:50
a.m
To
11:00 a.m
Previous
Inspection
Date:
08/12/2003
Inspector(s):
Douglas Toole
Weather:
cloudy,
still,
85
F
No.
of Photos Taken:
#
11
Est. Amt. of Waste:
150
yds3
Samples Taken:
Yes #
No
~
Interviewed:
Complaint #:
Bill Wernigk
James Dukeman
Responsible Party
3585
E. 3200
North
Road
511
Hillcrest Drive
MaihngAddress(es)
Potomac,
IL 61865
Apex,
NC 27502
Number(s):
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION
ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN
ILLINOIS
D
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
Z
6.
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
7.
21(e)
DISPOSE, TREAT,
STORE,
OR
ABANDON
ANY WASTE, OR TRANSPORT ANY
WASTE
INTO THE STATE AT/TO SITES NOT MEETING
REQUIREMENTS OF ACT
8.
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
(2)
Scavenging
E
(3)
Open
Burning
(4)
Deposition of Waste
in Standing or
Flowing Waters
(5)
Proliferation
of Disease Vectors
E
(6)
Standing or Flowing
Liquid
Discharge from the Dump
Site
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1838115002
Inspection
Date:
07/22/2004
I
(7)
Deposition of General Construction or Demolition
Debris;
or Clean Construction or
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
E
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE
G
10.
812.101(a)
FAILURE TO SUBMIT
AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT,
UNIFORM WASTE PROGRAM
REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(LII)
PCB;
(LII)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
Signature of Inspector(s)
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.
Informational Notes
Revised 06/18/2001
(Open Dump
-
2)
VERMILION
COUNTY
HEALTH
DEPARTMENT
~
J
STEPHEN
LAKER,
M.S.
HEALTH
.~iD
EDUCATION BUILDING
~
/
PUSUC
HEALTH ADMINISTRATOR
200
Soum
COLLEGE,
SUITE A
-
PH0NE/TDD
217
431-2662
PUBUC
HE~m
~s PRICELESS
FAx
217
431
7483
LPC
#1838115002
Middlefork/Wernigk
FOS
7/22/04
OPEN DUMP INSPECTION NARRATIVE
This unpermitted open dump was reinspected on July 22, 2004 by Douglas Toole ofthe
Vermilion County Health Department.
The weather was cloudy,
still and about 85 degrees
Fahrenheit.
Eleven photos were taken ofthe site.
The siteis located in Vermilion County,
northeast ofthe intersection ofVermilion County roads
3200 North and 350 East in rural Potomac.
The address ofthe house on the property is
3585
E.
3200 North Road,
Potomac.
Bifi Wemigk and his family live on the property.
County records
indicate the property
is owned by James
Dukeman ofNorth Carolina.
INSPECTORS FINDINGS
By way ofbackground, I had investigated incidents of open dumping and open burning of
demolition waste and other refuse
on the property starting in September 2000.
The Wernigks
brought the site into
general compliance in January 2002,
but in January,
July and August of
2003,1 had observed large piles ofrefuse on the property.
I arrived on the property at about
10:50
a.m. on July 22,
2004.
No one answered the door ofthe
house, and no
one
accompanied me during
the reinspection.
From the driveway by the house, I observed derelict vehicles, tires, an appliance and
other refuse
west ofthe house (photos
1-3), tires
and derelict vehicles
south ofthe house (photo
5)
and a pile
ofdebris north ofthe house (photo 4).
Walking north of the house
--
where I had observed waste piles in the past
--
I observed bags of
household garbage, boards, scrap metal, a metal barrel, wooden furniture, branches, a derelict
vehicle and other refuse (photos 6-li).
I left the site at about
11:00 a.m.
~4~v
Eç~4f.
OPPr)RTUVi/’~
EIIPOIi~R
LPC #1838115002
Middlefork/Wernigk
7/22/04
Page 2 of
3
On the Inspection Report Checklist for this reinspection,
I estimated that there were
150 cubic
yards ofwaste on the
site.
No measurements were performed to
arrive at that estimation, only my
observations at the time.
The actual amount
ofwaste
on the site mayvary significantly from that
estimation.
SUMMARY
OF APPARENT
VIOLATIONS
ILLINOIS ENVIRONMENTAL
PROTECTION ACT (415 ILCS 5/1 et seq.)
Section 21(a) ofthe Act:No person shall
...
cause or allow the opendumping of
any
waste.
Open dumping was observed on the site.
Section 21
(d)(1) ofthe Act: No person shall
...
conduct any waste storage, waste-
treatment, or waste-disposal operation without
...
a permit granted by the Agency.
No
Agency permit to
conduct a waste storage, waste-treatment, or waste-disposal operation
for the site was issued.
Section 21
(d)(2) ofthe Act: No person shall
...
conduct any waste-storage, waste-
treatment, or waste disposal operation
...
in violation ofany regulations or standards
adopted by the Board under the Act. Violations ofthe Illinois
Pollution Control Board
Regulations were observed at the site where waste storage, waste-treatment, or waste-
disposal operations were taking place.
Section
2 1(e) of the Act:
No person shall
...
dispose, treat, store or abandon any waste
except at a site or facility which meets the requirements ofthis Act and of regulations
and
standards thereunder.
The storage and disposal ofwaste was occurring at a site
which did not meet therequirements ofthe Illinois Environmental Protection Act
and
the
Illinois Pollution Control Board Regulations.
Section
21
(p)(l) ofthe Act: No person shall
...
cause or allow the open dumping ofany
waste which results in
...
litter.
Open dumping resulting in litter was observed at the site.
LPC#18381l5002
Middlefork/Wernigk
7/22/04
Page3 of3
Section 21 (p)(’7) of
the Act: No person shall
...
cause or allow the open dumping of any
waste which results in
...
the deposition ofgeneral
construction or demolition debris; or
clean construction or demolition debris.
Open dumping resulting in the deposition of
general
and clean construction and demolition debris was observed at the site.
Section
55
(a) oftheAct:No person shall
...
cause or allow the open dumping ofany used
or waste tire.
Open dumping ofwaste tires was observed at the site.
ILLINOIS POLLUTION CONTROL
BOARD; 35 ILLINOIS ADMINISTRATIVE CODE,
SUBTITLE G
(REGULATIONS)
Section
8 12.101
ofthe Regulations:
...
All persons, except those specifically exempted by
Section 2 1(d) ofthe Environmental
Protection Act (Act)
415
ILCS
5/21(d),
shall submit
to the Agency an application for a permit to
develop and operate a landfill. The application
must contain the information required by this Subpart
and by Section 39(a) ofthe Act,
except as otherwise provided in 35
III. Adm.
Code 817.
No such application for a permit
to develop and
operate a
landfill was
submitted.
JUL.’!
~).2
,~)~~)Lj
‘Date- of
Inspectiofl
Site
Code:
Site
Name:
ftOOL~FcR)
/We~I6K
-Inspector:-
Qo~c”~.’~
LE
County:
VEt
IL
I01’~
Rot~O
Time:
/O~5O’4-’-i~
~/1~0t~t~
Printed on
Recycled
Paper
310 ~
STATE
OF
IU..INOIS
ENYIRONI4ENTAL
PROTECTIOt(
AGENC’f
SITE
sxETcli
3’~oor’J
(Qo~3~D
~L
~3~I~Q2
~
2~tI ~uia~
INSPECTION PHO TOS
DATE:
7/~fO~
SITE#:
J~3~j/~oO~
CO.:
\/E1~1/~C?’i
TlME:jQ~l,V~L
SITE
NAME:
~1,~LEF~RK
/w~i&i
COMMENTS: Pictures taken
toward:
1.4)
ü.)g~r
PM~raF
SiTE
ROLL #:
PHOTO#:
DATE:
7/~/at(
TIME:
JO;.57A’.M~
PHOTOGRAPH TAKEN
BY:
OouGiA$
?3ac.E
COMMENTS:
Pictures taken
toward:
NL4)
S~4tie
4R~*~
PWorcY~t
ROLL#:
IL
532 1910
LFC 375 3/2002
I
I
I
..
—
PHOTOGRAPH TAKEN
BY:
COO
GL~4S
Tho~
:
~‘
~
1-I
PHOTO#:
~
FOS
LASPE
CTION PHOTOS
DATE:
7/~/O’~
SiTE#:
J~3~Ji~
CO.:
V~t~1L:a~
TIME:
j~Si
A~L
SITE
NAME:
~
(WeP~~1&k
PHOTOGRAPH
TAKEN
BY:
000
~L,4s
ThO1.~
COMMENTS:
Pictures taken
W~sr
P,~p~roF
51T~
ROLL#
PH0TO#:3
DATE:
7/~/C’(
TIME:
/O.,5?~’~
PHOTOGRAPH TAKEN
BY:
Oou~4$
“760LE
COMMENTS: Pictures taken
toward:
N
V/~&.
oF
t’Jci~~~
PA~r
aF Si7~
1
/~o?l
-1
-I
ROLL~:
PHOTO#
‘~(
IL
532 1910
LPC 375 3/2002
1’
!L
~
-
.-
-
U
—.
-p-’
.~
.
~--
~-
-
FCS
.
~
INSPECTION PHO TOS
DATE: 7/~/C~
SLTE
~:
/~3~J/S~O~
CO.:
\/EJL1~PJ
TIME:
jOS~I
n.M.
SITE
NAME:
~,D~L~FcR~
(~~J&K
PHOTOGRAPH TAKEN
BY:
OooGiAs
~Thci.~
COMMENTS: Pictures taken
toward:
5E
E1isr
P~qP~roP
SITE
ROLL~:
PHOTO#:S~
DATE:
7/~/c’q
TIME:
~
PHOTOGRAPH TAKEN
BY:
Oou~45
“i3oc-E
I
_____
COMMENTS:
Pictures taken
toward
J
I
~ioRi~t
Ppa~r~F
SirE;
i’~
*
RCLL~
PHOTO#~~
IL 532 1910
LPC
375 3/2002
Fcs
INSPECTION PHOTOS
DATE:
7/~fO~
SITE~:
J~3~j~go~
CO.:
\/Ey~t-1/Lsa&
~
TIME:
JO:S~5’4.M.
SITE NAME:
,~1,D~L~FcR~
/W~P~~I&k’
COMMENTS:
Pictures taken
f~oRrH
P,~’i~yaF
SiTE;
~rn
oF
£j
P~i,~icP~.4n,c
5Wars
ROLL#
PHOTO#
7
DATE:
7/’~1OLf
TIME:
/O:5S~4M.
PHOTOGRAPH TAKEN
BY:
O0UG~A5
1601..E
COMMENTS: Pictures taken
toward:
t’JE
±?~hh1
P
3RD
oF
‘~j
PA,~JCR/~P?IC
SHô1~5
ROLL~:
PHOTO~~
a.
--
.
I
~.
4
PHOTOGRAPH TAKEN
BY:
Coo
cftAs
~
-
~
~
1~
‘
-
•—
;.*•~__g
•-~~~•
IL532 1910
LPC
375 3/2002
FCS
INSPECTION PHOTOS
DATE:
7/~fO~
SITE~:
J~3~//5aO~
CO.:
\/EI2hILIaPJ
TIME: /Q:5~5~.p1.
SITE
NAME:
~
(WEP~i&I’
PHOTOGRAPH TAKEN
BY:
DOUGLAS
1~OL.6
COMMENTS:
Pictures taken
toward:
~JE
-
Nôa~ThPtimcF
SirE;
~k~F
‘~P14NO/Mt1Ic
~S1/o7.5
ROLL #
P1-f OTO#:
9
DATE:
7/~(OCj
I
TIME:
/O;~
~4.f-t.
PHOTOGRAPH TAKEN
BY:
Oou~4~
‘7&~~.E
COMMENTS: Pictures taken
toward:
AJt~)
(LOsen
SHcr
oF
#h?EA
A~’o,1
Pworo ~
ROLI.~
PHOTO#
JO
•
.
~-.
-
-
-
V
•
-
.
~-
~-‘.
---
~
~
i:
-
-
-
.
~.•
•
.
-
--
•‘~_~~•
~-
-~
-
V
IL 532 1910
L.PC
375 3/2002
FCS
INSPECTiON PHOTOS
DATE:
7/~/OLi
jSITE#:
/~‘3~’J/~5c~
CO.:
\IE7~t-1ILia?~
TIME:
JOS~’6~4M.
SITE
NAME:
j’1i~&~FcRl~
7we~I&k’
COMMENTS: Pictures taken
toward:
I”J~
~
o~/O
I
RCLL~:
PHOTO~:I(
DATE:
7f~/OV
TIME:
I
PHOTOGRAPH TAKEN
BY:
Oou~45
“73CLE
COMMENTS: Pictures taken
toward:
~1
ROLL~
PHCTO#
IL532 1910
L.PC
375
3/2002
NO
PHOTO
I
PHOTOGRAPH
TAKEN
BY:
DoUGLAs
~
•
•-.
.•
.
.
- -~
V.
V.
~
••••~.
-
.
.
.
•
—
FGS
Back to top
