LASALLE COUNTY STATE’S ATTORNEY
JOSEPH P. HETTEL
CLERKS
13th Judicial Circuit
OCT
2 5 2O~
707
East Etna Road, Room
251
STATE OF
IWNOIS
Ottawa,
Hhnois 61350
Pollution
Control
Boar~i
Phone (815)
434-8340
•
Fax (815) 434-8357
STATE OF ILLINOIS
COUNTY OF LASALLE
ADMINISTRATIVE CITATION
COUNTY OF LASALLE
)
)
Complainant
)
)
V.
)
EARLCAZEL
)
ACNO.
~‘
)
Respondent
)
JURISDICTION
This Administrative Citation is issued pursuant to authorityvested
in the illinois Environmental Protection Agency by 415
ILCS 5/31.1, fonnerly Ill. Rev. Stat.
1991, Ch.
111
‘/2,
par. 1031.1, and delegated to the County ofLaSalle pursuant to 415
ILCS
5/4
(r), formerly Ill. Rev. Stat., Ch.
111
‘/2,
par. 1004 (r).
FACTS
1.
That Respondent, Earl Cazel, is the present owner and/or operator ofproperty located in Manlius
Township, LaSalle County, Illinois.
2.
That said facility is an open dump, operating without an Illinois Environmental Protection Agency Permit, and
designated with Site Code No.
0998175007.
Said facility is commonly
known
to the Agency as the Baugher
Property.
3.
That the Respondenthas owned
and/or
operated said facility since February, 2004.
4.
That on September 30, 2004, Christy Vargochik, Landfill Inspector, LaSalle County Department of
Environmental Services and Development, under the authority of the Illinois Environmental Protection Agency,
inspectedthe above described facility.
A copy of the inspection reports setting forth the results of such
inspections are attached hereto and made a part hereof.
VIOLATIONS
5.
On the basis of direct observations of Christy Vargochik ofthe LaSalle County Department of Environmental
Services and Development,
it has been determined that the Respondents have caused or allowed open dumping at
the above described facility in amannerwhich results inthe followingoccurrences:
That on
September 30, 2004, an on-site inspection of said facility disclosed the following:
xx
Causing or allowing litter --415 ILCS 5/21 (p) (1), (formerly Ill. Rev. Stat.
1991, ch.
111
‘A,
par.
1021
(p)
(1) formerly
par.
1021 (q) (1)).
________________Causing or allowing scavenging operations
—
415 ILCS
5/21(p)
(2), (formerly Ill. Rev. Stat.
1991, ch.
111
‘A,
par.
102 (p) (2) formerly
par.
1021 (q) (2)).
_______________Causing or allowing open burning
—
415
ILCS
5/21(p)
(3), (formerly Ill. Rev. Stat. 1991, ch.
111
‘/2~
par. 1021(p) (3) formerly
par. 1021(q) (3)).
________________Causing or allowing the deposition of waste in standing or flowing waters —415 ILCS 5/21(p)
(4), (formerly Ill. Rev. Stat.
1991, ch.
111
‘A,
par. 1021 (p) (4) formerly
par. 1021(q) (4)).
_________________Causing or allowing proliferation of disease vectors
--
415
ILCS
5/21(p) (5),
(formerly Ill. Rev.
Stat.
1991, ch.
111
‘A,
par.
102 1(p)
(5)
formerly
par.
1021 (q)
(5)).
_______________Causing 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, ch.
111
‘A,
par. 1021(p) (6) formerly
par.
1021 (q) (6)).
CIVIL PENALTY
6.
Pursuant to 415
ILCS 5/42 (b) (4), formerly Ill. Rev. Stat.
1991, ch.
111
‘/2,
par.
1042 (b) (4), Respondent herein
is subject to acivil penalty of Fifteen Hundred Dollars ($1500.00) for each violation specifiedabove in Paragraph
5(b)
for atotal of Fifteen HundredDollars
($1500.00).
Additionally, should Respondent electto petition the
Illinois Pollution Control Boardunder the review process described herein below,and ifthere is a fmding of
the violation alleged herein, after an adjudicatory hearing, Respondentshall be assessed the associated hearing
costs incurredby the Illinois Environmental Protection Agency and
the Illinois Pollution ControtBoard,
in
addition to the Fifteen Hundred Dollar ($1500.00) statutory penalty foreach findingof violation.
7.
Ifyou acknowledge the violations cited herein above, the civil penalty specified above shall be due and payable
no later than
thirty-five
(35)
daysfrom the
date
ofservice hereof. Ifyou do not petition the Illinois Pollution
Control Board
ofreview ofthis
Administrative
Citation
within
thirty-five
(35)
days
of service hereof or ifyou
elect to contest this Administrative Citation, any
judgment
rendered against you shall
specifythe
due date of
the statutory
civil penalty
and anycosts assessed against you.
8.
When payment is
made, yourcheck should be made payable to
the LASALLE COUNTYDEPARTMENT
OF ENVIRONMENTAL SERVICES AN)
DEVELOPMENT and mailed to:
LaSalle County Departmentof Environmental Services and Development
119 West Madison Street
Room 400
Ottawa, illinois
61350
Also, please complete and return the enclosed Remittance Form, along with your payment, to assure proper
documentation of payment.
9.
If anycivil penalty imposed by the Illinois Pollution Control Board is not paidwithin the time prescribed in the
order, interest from such penalty will be assessed forthe period from the date payment is due until the date
payment is received.
If anycivil penalty, by reason of acknowledgment, default or findingafter the
adjudicatory hearing is not paid when due,the LaSalle County State’sAttorney may initiate proceedings in
Circuit Court to collect said civil penalty.
In addition to the previously assessed civil penalty, interest and
hearing costs ofthe
Illinois
Pollution Control Board,
if
any, the State’sAttorney’s Office will seek to recover
their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
10.
You have
the rightto contest this Administrative Citation.
415 ILCS
5/31.1,
formerly
Ill. Rev. Stat.
1991,
Ch.
111
‘/~,
par. 1031.1.
Ifyou elect to contestthis Administrative Citation, you ~
file
aPetition
for Review
with the Clerkofthe
Illinois Pollution Control Board.
Copies
ofthe Petition forReview should also
be
filed
with:
Troy D. Holland
LaSalle County Special Assistant State’s Attorney
707 Etna Road
Ottawa, Illinois
61350
LaSalle County Department of Environmental Services and
Development
119 West Madison
Street
Room 400
Ottawa,
Illinois
61350
Such Petition for Review
be filed within
thirty-five
(35)
days ofthe date of
service ofthis Administrative
Citation, or adefault judgment shall be entered by the Pollution Control Board.
Petition for Review maybe
filed with the:
Clerk oftheIllinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
Dated:
iô/e
‘?/ô
4
Joseph P. Hettel
LaSalle County State’s Attorney
By:
Troy D. Holland
Special Assistant State’s Attorney
CazelAC/5
•
REc~jyp~
BEFORE
THE
CLERK’S OFF~
ILLINOIS POLLUTION CONTROL BOARD
OCT
25
2004
STATE
OF
ILLINOIS
Pollution Control ~oarri
COUNTYOF LASALLE
)
)
Complainant
)
)
v.
)
)
/.~____•—
EARL CAZEL
)
AC NO.
______
)
Respondent(s)
)
REMITTANCE
FORM
FACILITY:
Earl
Cazel
Site Code:
0998175007
407 E. South St.
County:
LaSalle
Dwight, IL
60420
Township:
Manlius
CIVIL
PENALTY:
$1500.0 foreach violation
Number of Violation(s):
one
(1)
Total Remittance:
$1500.00
Date ofInspection:
September 30, 2004
DATE REMITTED:
__________________________________
SS/FEJN NUMBER
____________________________________
SIGNATURES
____________________________________
NOTE
Please enterthe date ofyour remittance, your social security number (SS) ifan individual or Federal Employer
Identification Number
(FE1N)
ifa corporation, and sign this Remittance Form.
Be sure your check is enclosed, andmail,
along with Remittance Form to:
LaSalle
CountyDepartmentof Environmental Services and Development
119 West Madison Street, Room 400
Ottawa, IL
61350
CazelAC/6
INFORMATIONAL NOTICE!!!
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:
TROYD. HOLLAND
707
ETNA ROAD
OTTAWA, ILLINOIS
61350
LASALLE COUNTYDEPARTMENT OF ENVIRONMENTAL SERVICES AND
DEVELOPMENT
119 WESTMADISON STREET
ROOM 400
OTTAWA, ILLiNOIS
61350
Ifyou
elect tocontest the enclosed
ADMINISTRATIVE
CITATION, you must file a PETiTION FOR
REVIEW within thirty-five (35) days ofthe datethe
ADMINISTRATiVE
CITATION wasserved upon you.
Any such PETITIONFOR
REVIEW
must be filed with the CLERK OF THE ILLINOIS POLLUTION CONTROL
BOARD by either hand-deliveringor mailingthe PETITION FOR REVIEW to the CLERK OF THE ILLINOIS
POLLUTION CONTROLBOARD atthe address given
above.
A copy ofthe PETITION FOR
REVIEW
should be
either hand-delivered or mailed to the LASALLE COUNTY STATE’S ATTORNEY’S OFFICE, ATTENTION:
TROY D.HOLLAND at theaddress given above.
Also, a copy ofthe PETITIONFOR
REVIEW
should be either
hand-delivered ormailed to the LASALLE COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES AND
DEVELOPMENT atthe address given above.
Caze IACi?
RECE~VED
CLERK’S OFFICE
STATE OF ILLINOIS
COUNTY OF LASALLE
OCT
25
2004
STATE OF ILLINOIS
COUNTY OFLASALLE
)
Pollution
Control Board
)
Complainant
)
)
v.
)
EARLCAZEL
)
ACNO.
______
)
Respondent(s)
)
AFFIDAVIT
Affiant, Christy Vargochik, being first
duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by the County of LaSalleand has been so employed atall times pertinent
hereto.
2.
On September 30, 2004 between 2:45 p.m.
and
2:55
p.m., Affiant conducted inspections ofa disposal/storage site
operated withoutan
Agency permit,
located in LaSalle County, Illinois
and known as
the Care! Property by the
Illinois Environmental Protection Agency.
Said site has been assigned site
code
number 0998175007 by the
Agency.
3.
Affiant inspected the said Manlius Township / Care! Property open dump siteby an on-site inspection which
included driving
and
photographingthe site.
4.
As a resultofthe material actions referredto in paragraph 3 above, Affiant completed the Inspection Report
Forms attached
hereto and
made a part hereof, which, to the best ofAffiant’ sknowledge and belief,
is an accurate
representation of
Affiant’s
observations and factual conclusions with respect to saidManlius Township / Care!
Property open dump.
hrist~QL.
Vargoc
,
LaSalle County
Subscribed and Sworn to Before Me
this
_____
dayof
O~2~theb2
,A.D. 2004.
Not4~ry
ubhc
OIANE ROBINSON
~
NOT.VW PtJCIJC
-
STATE
OF tu~~o~s
~
p
CazeIACi8
•
CLERK’S OFFICE
BEFORE THE
OCT
2520
ILLINOIS POLLUTION CONTROL BOARD
•
STATE OF ILLINOIS
Pollution
Control Board
COUNTY
OF LASALLE
)
Complainant
)
)
v.
)
EARL CAZEL
)
AC NO.
_______
)
Respondent(s)
)
PROOF OF SERVICE
The undersigned, afterbeing
first
duly placed on oath, voluntarily deposes and states that she personallyserved
the
attached LaSalle County Administrative Citation, Informational Notice, Remittance Form, together with correct
copies of the attached Inspector’s Affidavit, the Inspection ReportFormwith attachments
upon the following named
person(s):
Earl
Cazel
407 E.
South St.
Dwight, U,
60420
orupon an authorized agentofsuchperson(s) forthe purpose ofservice ofprocess upon such person(s), by:
(
)
personal service
(xx)
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
7ik1
dayof
,
A.D. 2004.
1~
k~LL
Christy L.
argochik, L
Salle County
Subscribed and Sworn to Before Me
this
_____
day of
£b~ki~.
,
A.D. 2004.
‘No
ary
~blic
• OFFICIAL
SEAl.
•..
•
••••
•
t•
bIANE ROBINSON
•
CazelAC/9
~y~Q5~STATEOFLLJNO&.S
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
Time:
From
2:45p
To
2:55p
Previous
Inspection Date:
Weather:
Sunny and
710
Eat. Amt. of Waéte:
50
yds3
Samples Taken:
Yes #
Complaint #:
Co 04-011
Responsible Party
Mailing Address(es).
and
Phone Number(s):
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
0
3.
12(a)
•
CAUSE, THREATEN OR ALLOW WATERPOLLUTION
IN ILLINOIS
0
4.
12(d)
CREATE AWATER POLLUTION HAZARD
0
5.
21(a)
CAUSE OR ALLOW OPEN
DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OP~RATlON:
(1)
Without
a Permit
0
(2)
In Violation of Any Regulations or
Standards Adopted by the Board
•
0
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTEINTO
THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
8.
21(p)
CAUSE OR ALLOWTHE
OPEN
DUMPING OF ANY WASTE IN A MANNERWHICH RESULTS
IN ANY OF THE FOL~OWINGOcCuRRENcE~
AT THE DUMP SITE:
•
(1)
Litter
•
(2)
Scavenging
0
(3)
Open Burning
0
(4)
Deposition of Waste in
Standing or Flowing Waters
0
(5)
Proliferation of Disease Vectors
0
(6)
Standing or Flowing Liquid Discharge from the Dump
Site
0
(7)
Deposition of General Construction or Demolition Debris; or Clean Construction or
Demolition Debris
County:
LaSaIIe
•
LPC#:
0998175007
Location/Site Name:
Manlius Twp.
I
Earl Cazel
Property
Date:
Sept.
30,
2004
Inspector(s):
Christy
Vargochik
No.
of Photos Taken:
#
6
Interviewed:
Region:
I
-
Rockford
July 14, 2004
Earl
Cazel
407
E.
South
St.
Dwight, IL 60420
No
~
Revised 09/22/2000
(Open Dump
-
1)
LPC
#: 0998175007
Inspection Date: Sept. 30, 2004
9.
55(a)
NO PERSON SHALL:
(I)
Cause or Allow Open
Dumping
of Any Used or Waste Tire
(2)
Cause
or Allow Open Burning
of Any
Used
or Waste Tire
El
10.
812.101(a)
•
FAILURE TO SUBMIT ANAPPLICATION
FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
•
HAZARDOUS WASTE DETERMINATION
•
12.
808.121
•
SPECIAL WASTE DETERMINATION
El
13.
809.302(a)
-
ACCEPTANCE
OF SPECIAL WASTE FROM A WASTE TRANSPORTER
WITHOUT
A WASTE HAULING PERMIT, UNII~ORM
WASTE PROGRAM
REGISTRATION
AND
PERMIT
AND/OR MANIFEST
El
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(
)
PCB;
(
)
CIRCUIT COURT
CASE NUMBER:
ORDERENTERED ON:
0
15.
OTHER:
•
0
El
El
0
El
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 lIIinoisl
Environmental Protection Act shalt 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
(ci).
6.
Items marked with an “NE” were not evaluated at the time of this inspection.
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
L
Informational Notes
LaSalle County
~ignature of Inspector(s)
Revised 09/22/2000
(Open Dump -2)
NARRATIVE INSPECTION REPORT DOCUMENT
Date ofReview:
September 30,
2004
Inspector(s)ChristyVargochik
Site Code: 0998175007
Time:
2:45
p.m.
—2:55
p.m.
GENERAL REMARKS
A
solid waste landfill inspection was performed
on September 30,
2004, by
Christy Vargochik representing the LaSalle County
Department of Environmental Services andDevelopment under the delegated authority
ofthe
Illinois Environmental Protection
Agency atthe property of Earl CazeL
The property is located
on
East US Route 6,
Section 24,
Manhius Township, Seneca, Illinois.
During the inspection the followingwas noted:
causing
or
allowing open dumping; disposing and storing ofwaste ata site not
meeting requirements
ofthe
ActandRegulations; causing or allowing the open dumping in amanner which is resulting in litterat
the
dump
site; causing or allowingthe open dumping ofwaste tires, and; failure
to
submit an application forapermit
to develop
and operate alandfill.
Weather
conditions noted on
arrival were sunny and
approximately 71
degrees.
I
arrived
atthe site at2:45 p.m.
I could see that alargetree hadfallen down overthe “driveway”.
I was able to access the
property, because therewas
enough room to drive
around the fallen free.
I paused to
photograph the
truck filled
with
debris (photo
958.72).
I looked to the
southeast,and photographed the largepilesof debris (photo
958.73).
I
resumed the inspection
by driving
around
to the south side ofthe debris piles.
When I reached the last pile, I noticed some
new
shingles hadbeen dumped in the pile
(photo
958.74).
1
looked to
the northeast, and saw some tires in the weeds (photo
958.75).
I
turned the southeastcorner ofthe pile,
and saw atleast 6 more tires nearthe pile (photo
958.76).
I continued
the inspection by headingin awesterly direction on the
north side
ofthe
piles.
I
took a
picture
of some household waste,
blankets, and other items in among the landscape debris (photo
958.77).
At
this
time, I
concluded
the inspection,
and left the site at 2:55
p.m.
EXPLANATION
OF PHOTOGRAPHS
958.72
Shows the truck filled with debris.
Photo
takenfacing east.
958.73
Shows the largepiles of debris.
Photo takenfacing southeast.
958.74
Shows some new shingles dumped in the pile,
Photo takenfacing north.
958.75
Shows some tires in the weeds.
Photo taken facing northeast.
958.76
Shows six
more
tires nearthe
last pile.
Phototaken facing
northwest.
958.77
Shows some household
waste,
blankets, and other items in among the landscape debris,
Photo
taken facing south.
cazelnar
STATE OF
ILLINOIS
ENVLRONMENTAL
PROTECTION AGENCY
S~FE
SKETCH
Date ofinspection
~
3~
~zo~4
Sitecode:~~j~5.oo~
Site name:
z
Inspector.
County~
LASAu~
Time:
~
3z~On3
q5~.7z
0+
-
TD
~ALC
-
~
Tt~
tJfl-
V~HICL~
.p
iL-~ct-i
R-t-(~ S~si
.74
DATE:~9/L0/Q4
SITE#:~~2817~~Ol
CO.:
LASALLE
TIME:
2:47 P.M.
SITE NAME:
Cazel Property
PHOTOGRAPH TAKEN
BY:
Christy
Vargochik
COMMENTS:
Picture
taken
toward:
East
DISK#:
958
PHOTO#:
72
DATE:
09/30/04
TIME:
2:49 P.M.
PHOTOGRAPH
TAKEN
BY:
Christy Vargochik
COMMENTS:
Picturetaken
toward:
INSPECTION PHOTOS
Southeast
DISK #:
958
PHOTO #:
73
INSPECTION PHOTOS
DATE:
~
I
~Q
/
Q4
SITE#:
0
9
9
~
1
~
~
0
2
CO.:
LASALLE
TIME:
2:51 P.M.
SITE
NAME:
Cazel
Property
PHOTOGRAPH TAKEN
BY:
Christy Vargochik
COMMENTS:
Picture
taken
toward:
North
DISK#:
958
PHOTO#:
74
DATE:
09/30/04
TIME:
2:52
P.M.
PHOTOGRAPH
TAKEN
BY:
Christy Vargochik
COMMENTS:
Picture
taken
toward:
Northeast
DISK #:
958
PHOTO #: 75
INSPECTION PHOTOS
DATE:
~9/3~/~A
SITE#:
0
9
9
~
1
7
~
~
2
CO.:
LASALLE
SITE
NAME:
Cazel Property
TIME:
2:53
P.M.
PHOTOGRAPH TAKEN
BY:
Christy Vargochik
COMMENTS:
Picture taken
toward:
Northwest
DISK#:
958
PHOTO#:
76
DATE:
09/30/04
TIME:
2:54P.M.
PHOTOG
Christy
RAPI-I
TAKEN BY:
Vargochik
COMMENTS:
Picture
taken
toward:
South
DISK #:
958
PHOTO #:
77
