INFORMATIONAL NOTICE!!!
RECEIVEDCLERK'S
OFFICE
MAR 2 0 2007
Pollution
STATE OF ILLINOIS
It
ntrol Board
pt
cO
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS .
NOTE :
This Administrative Citation refers to TWO separate State
of Illinois Agencies . One is the ILLINOIS POLLUTION
CONTROL BOARD located at James R . Thompson
Center, 100 West Randolph Street, Suite 11-500,
Chicago, Illinois 60601 . The other state agency is the
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
located at : 1021 North Grand Avenue East, P .O. Box
19276, Springfield, Illinois 61794-9276
.
If you elect to contest the enclosed Administrative Citation, you must
file a PETITION FOR REVIEW with 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 to the Board at the
address given above
. A copy of the Petition for Review should be
either hand-delivered or mailed to the Illinois Environmental .
Protection Agency at the address given above and should be marked
to the ATTENTION : DIVISION OF LEGAL COUNSEL .
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice law . Individuals may
appear on their own behalf, or through an attorney . 35 III . Adm .
Code 101 .400(a).
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OFF
ICE
D
MAR 2 0 2007
ILLINOIS ENVIRONMENTAL
Po
ution
CContro~
Boad
)
PROTECTION AGENCY,
Complainant,
)
AC
v .
)
(IEPA No .54-07-AC)
BEN and DESTINY WYANT,
)
Respondents.
)
To: Ben & Destiny Wyant
111 W.
5th
Street
West Frankfort, IL 62896
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,
ADMINISTRATIVE CITATION
NOTICE OF FILING
Michelle M . Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated
: March 14, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR 2 0 2007
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 (2004).
FACTS
1 .
That Ben and Destiny Wyant are the operators of a facility located at the west ten
acres of the northeast '/< of the southeast quarter of section eight, township eight south & range four
east of the third principal meridian in Williamson County, Illinois
. The property is commonly known
to the Illinois Environmental Protection Agency as Thompsonville/Noe-Wyant
.
2 .
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1998535005
.
3.
That Respondents operated said facility at all times pertinent hereto .
4 .
That on January 18, 2007, Sheila Williams of the Illinois Environmental Protection
Agency's Marion Regional Office inspected the above-described facility
. A copy of her inspection
report setting forth the results of said inspection is attached hereto and made a part hereof
.
ADMINISTRATIVE CITATION
Pollution
STATE OFControl
ILLINOIS
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
)
AC V
V .
)
([EPA No . 54-07-AC)
BEN and DESTINY WYANT,
)
Respondents .
)
VIOLATIONS
Based upon direct observations made by Sheila Williams during the course of her January
18, 2007 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 5/21(p)(1)
(2004) .
(2)
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)
(2004)
.
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), 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
Three Thousand Dollars ($3,000 .00). If Respondents elect
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than April 30, 2007,
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 (2004), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
2
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) (2004), 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
.
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.
3
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 (2004)
. 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
.
Poti•
,
P S
#
Douglas 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
Date: 3 -
f q' o 7
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
MAR 2 0 2007
)
ILLINOIS ILLINOIS ENVIRONMENTAL
Pollution Control Board
PROTECTION AGENCY,
)
L4~
Complainant,
)
AC 0 l
V.
)
([EPA No
. 54-07-AC)
BEN & DESTINY WYANT,
)
Respondents .
)
FACILITY :
Thompsonville/Noe-Wyant
SITE CODE NO
. :
1998535005
COUNTY :
Williamson
CIVIL PENALTY :
$3,000
.00
DATE OF INSPECTION
:
January 18, 2007
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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY )
Complainant,
)
[EPA DOCKET NO.
V .
)
Respondent .
)
AFFIDAVIT
Affiant, Sheila Williams, 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 January 18, 2007, between 11 :40 a.m
. and 11 :55 a.m., Affiant conducted an
inspection of a disposal site operated by Ben & Destiny Wyant, located in Williamson County,
Illinois, and known as Thompsonville/Noe-Wyant by the Illinois Environmental Protection
Agency . Said site has been assigned site code number
1998535005 by the Agency
.
3
. Affiant inspected said Thompsonville/Noe-Wyant 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 Affant's
knowledge and belief, is an accurate representation of Aff ant's observations and factual
conclusions with respect to said Thompsonville/Noe-Wyant .
Subscribed and Sworn to before me
this
o(.5
day of
O-a96LCP&'J
J
o~-~`l
7
SR W:jkb/28711/01-24-07
'OFFICIAL SEAL"
RONALD E
. MORSE
Notary Public, State of Illinois
My Commission
hJJVMNtn'
Expires
.MNNMIVYhA~Afe
: 2/21/10
r,,,
County:
Williamson
Location/Site Name :
Date
:
1/18/2007
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
LPC#
:
1998535005
Region : 7 - Marion
Thompsonville/Noe - Wyant
Inspector(s) :
S . Williams & R . Mileur
No
. of Photos Taken : # 5
Interviewed :
Latitude :
37.84196
Longitude : -88.78443
(Example :
Lat . :41 .26493
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Time : From 11 :40 AM To 11 :55 AM Previous Inspection Date : 8/24/2006
Weather: sunny, -35° F .
Est. Amt. of Waste : 308
yds3 Samples Taken : Yes #
No
Complaint # : 07-036
Collection Point Description : Main Gate
Long . : -89 .38294)
Collection Method : GPS
Paul A . & Norma A . Noe
1644 Moody Court
Peoria, IL 61604
(Open Dump - 1)
Ben & Destiny Wyant
111 W
. 5th
Street
West Frankfort, IL 62896
SECTION
DESCRIPTION
VIOL
ILLINOISENVIRO M
TI A T QU1ftEMENT$
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
FN
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
03
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE ATITO SITES NOT MEETING REQUIREMENTS OF ACT
113
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
10
(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
LPC # 1998535005
Inspection Date :
1/18/2007
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 .
Revised 10/5/2005
(Open Dump - 2)
(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 Dumpinq of Any Used or Waste Tire
(2)
Cause or Allow Open Burninq of Any Used or Waste Tire
35 ILLINOIS' ADMI 1S?
REQUIREMENTS
10. 812 .101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
0
11 . 722 .111 HAZARDOUS WASTE DETERMINATION
12. 808 .121
SPECIAL WASTE DETERMINATION
13. 809
.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
14.
APPARENT VIOLATION OF: ( ) PCB; ( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15. OTHER :
NARRATIVE INSPECTION REPORT
Date : January 18, 2007
Inspectors
: Sheila Williams & Rob Mileur
Site Code : 1998535005
County : Williamson
Site Name : Thompsonville/Noe - Wvant Time: 11 :43 A .M .-11 :55 A.M
.
GENERAL REMARKS
On January 18, 2007 a follow-up inspection of the Thompsonville/Noe - Wyant site
was conducted
. The purpose of the inspection was to determine the compliance status
of the site. The initial inspection was conducted on August 24, 2006 at which time
apparent violations included, but were not limited to, open dumping & open burning
.
Other than the diminished vegetation, it was apparent conditions at the site had not
changed
. It did not appear as though any new waste had been added nor any of the
previously observed waste removed . The same five areas of waste were present,
totaling an estimated 308 cubic yards
. As before, the waste included, but was not
limited to, concrete, demolition wood, metal, two mattresses, roofing debris, a tire, two
plastic buckets & general refuse .
Following the initial inspection, an Administrative Citation Warning Notice was sent to
Paul & Norma Noe of Peoria, IL because county records indicated they receive the tax
bill for this piece of property. Following this, Norma Noe provided information
explaining that in February 2004 the property was sold contract for deed to Ben &
Destiny Wyant . Mrs . Noe sent the regional office copies of a February 6, 2004 cashier's
check made out to Norma Noe that has Jamie Wyant as the remitter (in her October 3,
2006 letter, Mrs
. Noe wrote that Jamie Wyant is Ben Wyant's mother)
; a March 1, 2004
check also made out to Norma Noe from the account of B & J Construction of West
Frankfort, IL & signed by Ben Wyant ; and copies of a notarized contract for deed that
indicate Ben & Destiny Wyant purchased property from Paul & Norma Noe
. The legal
description of the property in the contract for deed appears to be the same as the site
.
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Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
File Names
: 199853500501182007 - [Exp
. #].jpg
Page 1 of3
LPC #1998535005 - Williamson County
Thompsonville/Noe - Wyant
FOS File
Date : 1/18/2007
Time: 11 :41 A.M.
Direction : southeast
Photo by : S. Williams
Exposure # : 001
Comments
:
demolition debris,
roofing material &
metal
Date: 1/18/2007
Time: 11:42 A.M.
Direction : south
Photo by : S. Williams
Exposure # : 002
Comments
:
demolition debris &
shingles
Illinois Environmental Protection Agency
LPC #1998535005 - Williamson County
Bureau of Land
Thompsonville/Noe - Wyant
Division of Land Pollution Control
FOS File
DIGITAL PHOTOGRAPHS
Date: 1/18/2007
Time: 11:43 A.M.
Direction
: southeast
Photo by: S
. Williams
Exposure # : 003
Comments:
demolition wood, box
springs, metal, sheet
rock
Date: 1/18/2007
Time
: 11:44 A.M.
Direction : southwest
Photo by: S
. Williams
Exposure # : 004
Comments: roofing
waste, demolition
wood, blackened tree
trunks next to waste
Page2 of 3
File Names
: 199853500501182007
- Exp . #].jpg
Page 3 of 3
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS
No Photo
File Names
: 199853500501182007
- [Exp. #].jpg
LPC #1998535005
- Williamson County
Thompsonville/Noe - Wyant
FOS File
Date: 1/18/2007
Time: 11:45 A.M .
Direction : southeast
Photo by: S. Williams
Exposure # : 005
Comments
: roofing
waste, demolition
debris & plastic
buckets
Date:
Time:
Direction
:
Photo by:
Exposure #
:
Comments:
PROOF OF SERVICE
I hereby certify that I did on the 14th day of March, 2007 send by Overnight mail for hand
delivery to the Marion Regional Office of the Illinois EPA, a true and correct copy of the following
instrument(s) entitled ADMINISTRATIVE CITATION, AFFIDAVIT, and OPEN DUMP
INSPECTION CHECKLIST for hand delivery
To: Ben & Destiny Wyant
111 W.
5`h
Street
West Frankfort, IL 62896
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
THIS FILING SUBMITTED ON RECYCLED PAPER
William
14
D . Ingersoll
Manager, Enforcement Programs
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
