RECEWED

CLERK’S OFFICE

NOV 17 2004

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILUNOIS

Pollution Control Board

ADMINISTRATIVE CITATION

COUNTY OF MACON, ILLINOIS

)

Complainant,

)

AC O~

)

(MCSWMD File No. 2004-002-Ac)

v.

)

Richard Webb,

)

Teresa Webb,

)

Respondents.

)

JURISDICTION

This Administrative Citation is issued pursuant to the authority vested in the County of Macon by

section 4(r) of the Illinois Environmental Protection Act, 415 ILCS 5/4(r) (2002).

FACTS

1.

That Respondent, Richard & Teresa Webb are the present owners and operators of

a facility located at 200 North Wiles, Macon, Macon County, Illinois.

2.

That said facility is an open dump operating without an Illinois Environmental

Protection Agency Operating Permit and is designated with Site Code No. 1150255023.

3.

That Respondent has owned and operated said facility at all tirnes~pertinenthereto.

4.

That on September 28, 2004, Michael Warnick of the Macon County Solid Waste

Management Department 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.

VIOLATIONS

Based upon direct observations made by Michael Warnick during the course of his

September 28, 2004 inspection of the above-named facility, the Macon County Solid Waste

Management Department has determined that Respondents 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

5121(p)(l)

(2002).

(2)

That Respondents caused or allowed the open dumping of waste in a manner

resulting in Deposition of General Construction and Demolition Debris, a violation of

Section 21 (p)(7) of the Act, 415 ILCS 5/21(p)(7) (2002).

CIVIL PENALTY

Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002), 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 January 28, 2004, 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 (2002), and if the Illinois

Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,

Respondents shall be assessed the associated hearing costs incurred by the Macon County Solid

Waste Management Department 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.

2

---

Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31 .1(d)(1) (2002), 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, Respondents’ check shall be made payable to the Macon County

Solid Waste Management Department and should be mailed to the attention of Sherri L. Ludlam,

Macon County Solid Waste Management Department; 141 South Main Street, Room 212, Decatur,

Illinois, 62523-1293. 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 with the tin3e:presc~rihedby 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 dt~up:to:artdir ~ng the date thatpaymentis

received. The Office of the Macon County State’s Attorney may initiate proceedings against

Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest accrued.

3

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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 (2002). 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 Office of the Macon County State’s

Attorney, 253 E. Wood Street, Decatur, Illinois, 62523. 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 Resp”ondents.

_________________

Date:

ii/i~/ô1

Sco’tt•A. Rueter

Macdn Cpunty States Attorney

Prepared by:

Michael J. Warnick, Environmental Inspector

Macon County Solid Waste Management Department

141 South Main Street, Room 212

Decatur, Illinois 62523-1 293

217-421-0291

4

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REMITTANCE FORM

COUNTY OF MACON

Complainant,

)

AC

v.

)

(MCSWMD file No. 2004-002-AC)

Richard Webb,

)

Teresa Webb,

)

Respondents.

)

FACILITY:

Macon/Macon Speedway

SITE CODE NO.:

1150255023

COUNTY:

Macon

CIVIL PENALTY:

$3,000.00

DATE OF INSPECTION:

September 28, 2004

DATE REMITTED:

SSIFEIN 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 Sherri L. Ludlam, Macon

County Solid Waste Management Department, 141 South Main Street, Room 212, Decatur, Illinois

62523-1293.

5

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MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT

AFFIDAVIT

IN THE MATTER OF:

)

Richard Webb,

)

(MCSWMD File No. 2004-002-AC)

Teresa Webb,

)

Respondents

)

Affiant, Michael Warnick, being first duly sworn, voluntarily deposes and states as follows:

1. Affiant is a field inspector employed by the Macon County Solid Waste Management

Department and has been so employed at all times pertinent hereto.

2. On September 28, 2004 between 1:19 and 1:35 in the afternoon, Affiant conducted an

inspection of the site in Macon County, Illinois, known as Macon/Macon Speedway, Illinois

Environmental Protection Agency Site No. 1150255023.

3. Affiant inspected said Macon/Macon Speedway by an on-site inspection which included

photographing the site.

4. As a result of the activities referred to in Paragraph 3 above, Affiant completed the

Inspection Report form attached hereto and made a~part:hereof,which, to the best of Affiants

knowledge and belief, is an accurate representation of Affiants observations and factual

conclusions with respect to the Macon/Macon Speedway site.

Subscribed and Sworn to before me

this _____

of

/VOYM1A~9,~

(~JNotarY~jblic

---

CLERK’S OFFICE

MACON COUNTY

NOV 17 2004

SOLID WASTE MANAGET~~JF

ILLINOIS

DEPARTMENT

Pollution Control Board

141 S. Main St., Suite 212, Decatur, IL 62523 • phone 217/425-4505 •

fax

217/424-1459

MACON COUNTY SOLID

Complainant

Richard Webb,

Respondent

)

1150255023- MACON COUNTY

)

Macon/Macon Speedway

)

MCSWMD File No. 2004-001-AC

)

COMPLIANCE FILE

)

)

WARNING: CORRECTIVE ACTION

REQUIRED

To contest the Administrative Citation you have received you must follow the

instructions provided in the Administrative Citation. You may be served with

additional Administrative Citations if you fail to complete the following corrective

actions, and are found to be in violation of Section

21(p)

of the Illinois

Environmental Protection Act. Periodic inspection(s) will be conducted to verify

cleanup and compliance, both during the cleanup process and after returning to

compliance.

Printed on Recycled Content Paper

---

YOU ARE REQUIRED TO

COMPLETE

THE

FOLLOWING CORRECTIVE

#1

Immediately cease all open dumping.

-

#2 By December 27, 2004, remove all waste to a permitted landfill or transfer

station. Scrap metal not disposed at a landfill can be taken to a scrap metal

#3

By December 27, 2004, all used or waste tires must be taken to a registered

tire storage or tire disposal facility. Used or waste tires cannot be taken to a

landfill or transfer station for the purpose of disposal. Do not open burn any

of the tires. You must submit copies of receipts to the Macon County Solid

Waste Management Department, that document the proper disposal of the

waste tires. Loads of more than 20 tires must be hauled by a registered tire

#4 By January 10, 2005 submit, to the Macon County Solid Waste Management

Department, copies of receipts that document the proper disposal or

WRITTEN

RESPONSE REQUIRED

Within forty-five (45) calendar days of the date of this Citation, you must

submit writing:

1. Information in rebuttal, explanation, or justification of each alleged

violation;

2. A proposed Compliance Commitment Agreement (CCA) that spells

out how you plan to rectify each violation (including time frames) and

return the area to compliance. If you feel compliance has already

been achieved, please state such in your CCA;

3. If you desire, a request for a meeting with the Macon County Solid

Waste Management Department regarding the alleged violations.

---

Your written response of all documents submitted in reply to this notice must be

sent, via certified mail return-receipt, to:

Macon County Solid Waste Management Department

Decatur, IL 62523

On any correspondence you send

concerning

this matter, please reference the IEPA

designated facility number and facility name listed on the first

page of this notice.

Failure to comply with the requirements of this notice

may, at the sole discretion of the

Macon County Solid Waste Management Department, result in the case being referred

to the Macon County State’s Attorney for prosecution.

An Administrative Citation carries a fine of $1,500.00 for a first offense and $3,000 for a

second or subsequent offense for violation of any provision of Section 21(p).

MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT

By:

~c~kta~ (AYOY(IN~L

Michael Warnick

Inspector

Date: November 12, 2004

CERTIFIED MAIL #: 70022410000092600090

Enclosure

cc:

Rich Gerard, Illinois Environmental Protection Agency

Ellen Robinson, Illinois Environmental Protection Agency

FOS File

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ILLINOIS ENVIRONMENTAL

Open

Dump Inspection

Checklist

Cot’n’:j:

M~con

LPC#:

Region:

4 - Champaign

Location/Site Name:

Macon/Macon Speedway

Date:

09/28/2004 Time: From 1:19pm

To 1:35pm

Previous Inspection Date: 04/16/2003

Inspector(s):

Michael Warnick

Weather: Clear Skies, Gusty Winds, Temp in the 70’s —

No. of Photos Taken: # 06

Est. Amt. of Waste: 25

yds3 Samples Taken: Yes #

No ~

Interviewed:

(none)

Complaint #:

Responsible Party

Mailing Address(es)

and Phone

Number(s):

1150255023

Richard & Teresa Webb

5441 Ricky Drive

‘.

Decatur, IL 62521

.

217-764-3770

SECTION

DESCRIPTION

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

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

LI

4.

12(d)

CREATE A WATER POLLUTION HAZARD

LI

5.

21(a)

CAUSE OR ALLOW OPEN DUMPING

6.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL

OPERATION:

(1)

Withouta Permit

Z

(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

Z

(2)

Scavenging

(3)

OpenBurning

LI

(4)

Deposition of Waste in Standing or Flowing Waters

LI

(5)

Proliferation of Disease Vectors

LI

(6)

Standing or Flowing Liquid Discharge from the Dump Site

LI

~evised06/18/2001

(Open Dump

-

1)

---

LPO~

1150255023

(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

LI

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

LI

12.

808.121

SPECIAL WASTE DETERMINATION

LI

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

LI

OTHER REQUIREMENTS

14.

APPARENT VIOLATION OF: (Lii) PCB; (LI) CIRCUIT COURT

CASE NUMBER:

ORDER ENTERED ON:

LI

15.

OTHER:

LI

55(a) (4)

Cause or allow the operation of a tire storage site not in compliance with

Board Regulations

LI

LI

LI

LI

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 forconvenience 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.

Inspection Date:

09/28/2004

r~iJJ

&(,~VrMIJ~

Signattirè of Inspector(s)

~evised 06/18/2001

(Open Dump

-

2)

---

LPC #1150255023

-

Macon County

FOS File

Inspector(s): Michael Wamick

Inspection Date:

Tuesday September 28, 2004

Inspection Report Narrative

This site

was inspected on September 28, 2004

between

the hours of 1:19 and

1:35 in the afternoon. The inspection was conducted by Michael Warnick, representing

the Macon County Solid Waste Management Department. Weather conditions at the

time of the inspection were of clear skies, gusty winds, and an air temperature in the

70’s. Six photograph were taken, no onewas interviewed, and no samples were

collected.

General

Information/Site

History

This site is located in southern Macon County. The property is located at the

intersection of Wyles and Bell Street, in the City of Macon. The inspection was

conducted after observing a large pile of waste open dumped on the property. The

most recent inspection of the facility occurred on April 21, 2003, after receiving a citizen

complaint. The results of that inspection showed violations of open dumping of tires

with an accumulation of water and mosquito larvae.

Property Ownership

This property is owned by Richard and Theresa Webb. This information was

obtained through the Macon County Supervisor of Assessments office.

Inspection Findings

I was checking on the City of Macon’s community landscape waste dump site,

and noticed a large pile of waste open dumped on the property of the Macon

Speedway. I drove over and noticed that numerous tires and other debris had been

open dumped. Upon closer inspection, I noticed that one section of the pile contained

approximately five waste tires, plastic soda bottles, a computer keyboard, and other

waste (photograph 1). I also noticed another pile of five tires, plastic bottles, carpet,

automobile parts, a window frame, scrap metal, clothing, dimensional lumber, plastic

buckets, and a ladder (photograph 2). Further down in the pile, I noticed another tire,

more dimensional lumber and automotive parts, scrap metal, six 55-gallon drums that

appeared to be empty, plastic hoses, plastic buckets, and a lawn chair (photograph 3). I

walked down to the end ofthe pile, and counted twenty-five waste tires open dumped

(photograph 4).

---

I looked through the fence, and found two more piles of waste tires open

dumped, one on the east and another on the west side of a small outbuilding. The west

pile contained approximately nine waste tires (photograph 5) and the east pile contained

approximately eleven waste tires (photograph 6). I noticed no other piles of waste open

dumped in this area, so I walked around the property but noticed no additional piles. I

also was not able to locate anyone to speak with regarding my findings.

I left the property at 1:35.

Summary of Apparent Violations

Environmental Protection Act ILCS 5/1

et seq. (formerly Ill Rev. Stat. Ch. 111

,

1001 et seq.) hereinafter referred to

as the “Act”

Section 21(a) of the Act. No person

shall cause

or allow the open dumping of any

waste.

• This section is marked because waste was observed that had

been open-dumped.

Section 21(d), (1) of the Act. No person

shall conduct any waste-storage, waste-

treatment, or waste-disposal operation.. .without a permit granted

by

the Agency, or in

violation of any conditions imposed by such permits.

• This section is marked because waste was disposed of and

stored without a permit on file.

Section 21(d), (2) of the Act. No person shall conduct any waste-storage, waste-

treatment,

or waste-disposal

operation...that is

in violation of any regulations or

standards

adopted by the board

under this Act.

• This section is marked because

waste was disposed of

in

violation of regulations and standards adopted by the board.

Section 21(e)

of the Act.

No person shall dispose, treat, store, or abandon any waste,

or transport any waste into the State of Illinois for disposal, treatment, storage, or

abandonment at/to sites not meeting requirements of the act.

• This section is marked because waste was disposed of in a

manner that does not meet the requirements of the Act.

---

Section 21(p), (1) of the Act. No

person shall cause or allow the open dumping of any

waste in a manner which results in any of the following occurrences at the dump

site... Litter

• This section is marked because open dumping resulting in litter

was observed at the time of the inspection

Section 21(p), (7) of the Act. No

person shall cause or allow the open dumping of any

waste in a manner which results in any of the following occurrences at the dump

site...General Construction or Demolition Debris as defined in Section 3.160(a) of this

Act.

• This section is mark~dbecause the open dumping of General

Construction and/or Demolition Debris was observed.

Section 55(a), (1) of the Act.

No person shall cause or allow open dumping of any

used or waste tire.

• This section is marked because fifty-six waste tires were open-

dumped on the site.

Section 55(a), (4) of the Act. No

person shall cause or allow the operation of a tire

storage site not in compliance with Board regulations.

• A violation of Section 55(a), (4) is alleged because a tire storage

site is being operated that is not in compliance with Board

regulations.

Section 81 2.101 (a) of 35 Illinois Administrative Code Requirements Subtitle G.

Failure to submit an application for a permit to develop and operate a landfill.

• This is section is marked a landfill is being operated, but no

application has been submitted to the Agency and/or Board to

develop and operate a landfill.

---

Site sketch for: Macon/Macon Speedway

Site #1150255023 - Macon County

Inspector(s): Michael Warnick

Inspection Date: September 28, 2004

Andrews Street Road

II

* Drawing not to scale

Arrows indicate direction/location of photographs

-~

J

z

0

‘I

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INSPECTION PHOTOS

DATE:

09/28/2004

TIME:

1:25pm

PHOTOS TAKEN BY:

Michael Warnick

COMMENTS: Photo

Taken Toward: North

PHOTO #:

01

SITE#:

1150255023

DATE:

09/28/2004

TIME:

1:25pm

PHOTOS TAKEN BY:

Michael Warnick

COMMENTS: Photo

Taken Toward:

West

COUNTY: Macon

SITE

NAME:

Macon/Macon

Speedway

2’

PHOTO #:

02

---

DATE:

PHOTOS TAKEN BY:

Michael Warnick

COMMENTS: Photo

Taken Toward: North

PHOTO #:

03

DATE:

TIME: 1:28pm

PHOTOS TAKEN BY:

Michael Warnick

COMMENTS: Photo

Taken Toward:

West

SITE#:

1150255023

COUNTY: Macon

SITE INAM E:

Macon/Macon Speedway

PHOTO #:

04

---

INSPECTION PHOTOS

DATE:

09/28/2004

TIME: 1:29pm

PHOTOS TAKEN BY:

Michael Warnick

COMMENTS: Photo

Taken Toward:

North

TIME: 1:31pm

PHOTOS TAKEN BY:

Michael Wamick

COMMENTS: Photo

Taken Toward: West

SITE#:

1150255023

COUNTY: Macon

SITE

NAME: Macon/Macon Speedway

PHOTO #:

06