RECEWED

-

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

NOV

23

2004

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

Pollution Control Board

COUNTY OF MACON,

ILLINOIS

)

Complainant,

)

AC

)

(MCSWMD File

No. 2004-003-AC)

v.

)

)

Blue Mound

Plumbing,

)

Attn: Pete Bourisaw

)

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,

Pete

Bourisaw

is the present

owner

and

operator of a

facility

located at 401

Railroad Avenue,

Blue Mound,

Illinois 62513, 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. 1150105018.

3.

That Respondent has owned and operated said facility at all times pertinent hereto.

4.

That on September 29, 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

29,

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

512l(p)(l)

(2002).

(2)

That

Respondents

caused

or allowed

the

open

dumping

of

waste

in

a

manner

resulting

in Deposition of General Construction or Demolition Debris,

a violation of

Section 2l(p)(7) of the Act, 415

ILCS 5/2l(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

notto petition the Illinois Pollution Control Board, thestatutory civil penalty specified aboveshall be

due and payable no later than February 01, 2005, unless otherwise provided by order of the Illinois

Pollution

Control Board.

If Respondents elect to contestthisAdministrative 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 afinding of violation as alleged herein, after an adjudicatory hearing,

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

Waste Management Department and the Illinois Pollution Control Board.

Those hearing costs shall

be assessed in addition to the OneThousand Five Hundred Dollar ($1,500.00) statutory civil penalty

for each violation.

Pursuant to Section 31.1 (d)(1) of theAct, 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 thisAdministrative

2

---

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.

Ifany civil penalty and/or hearing costs are not paidwithin thetime prescribed by order of the

Illinois

Pollution

Control

Board, interest

on

said

penalty and/or hearing

costs

shall

be assessed

againstthe Respondents from the date payment is due up to and including the date that payment is

received.

The

Office

of

the

Macon

County

State’s

Attorney

may initiate

proceedings

against

Respondents in Circuit Court to collect said

penaltyand/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(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 Respondents.

Date:

l(~j(~’b4’

Michael J.

Warnick, Environmental

Inspector

Macon County Solid Waste Management Department

141

South Main

Street,

Room 212

Decatur,

Illinois 62523-1293

217-421-0291

Prepared

by:

4

---

REC~VED

REMITTANCE FORM

CLERK’S OFFICE

NOV

232004

STATE OF ILLINOIS

COUNTY OF MACON

)

Pollution Control Board

Complainant,

AC

I

)

v.

)

(MCSWMD file No. 2004-003-AC)

)

Blue Mound Plumbing,

)

Attn: Pete Bourisaw

)

)

Respondents.

)

FACILITY:

Blue Mound/Blue Mound Plumbing

SITE CODE NO.:

1150105018

COUNTY:

Macon

CIVIL

PENALTY:

$3,000.00

DATE OF INSPECTION:

September 29, 2004

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

Sherri

L. Ludlam,

Macon

County Solid Waste Management Department,

141

South Main Street, Room 212~

Decatur, Illinois

62523-1293.

5

---

MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT

AFFIDAVIT

)

(MCSWMD File

No. 2004-003-AC)

)

)

)

)

)

)

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 29, 2004 between

8:21

am

and 8:27 am, Affiant conducted an

inspection

of the site in

Macon County,

Illinois, known as Blue Mound/Blue

Mound Plumbing,

Illinois

Environmental

Protection Agency Site No.

1150105018.

3.

Affiant inspected said Blue Mound Plumbing

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 Blue Mound Plumbing site.

ci~WIui~,V

c~~~b/L

Subscribed and Sworn

to bef

re me

this

________

of

~O

~

2flfl4~-~

/1

“OFFICIAL SEAL”

~

$

JEMNI~ER~0LLA0AY

‘~

NOTARY PU~L~C,

STATE O~~LUN0~S

MY COMMISS~OMEXPIRES

02!20107 ~

ot

P

blic

IN THE

MATTER OF:

Blue Mound Plumbing,

Attn: Pete Bourisaw

Respondents

---

SOLID

WASTE

DEPARTMENT

141

S.

Main

St., Suite 212,

Decatur,

IL 62523

•

phone 217/425-4505

•

fax 217/424-1459

MACON COUNTY SOLID

WASTE MANAGEMENT DEPT,

Complainant

vs.

Blue Mound Plumbing,

Pete Bourisaw,

Respondent

)

1150105018—MACON COUNTY

)

Blue MoundIBlue Mound

Plumbing

)

COMPLIANCE FILE

)

)

)

)

)

WARNING: CORRECTWE 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

ACTIONS~

#1

Immediately cease all open

dumping.

-

Do not dispose of any of the waste

by open

#2

By December 01,

2004, you must remove

transfer station.

Scrap metal not disposed

#3

By December 01,

2004, you must remove all white goods

(i.e.,

White goods cannot be taken to a

of disposal.

All Freon-containing

appliances must be vacated

with all applicable state and federal regulations.

#4

By December 15,

2004, you must submit to the Macon

disposal or recycling of the wastes.

WRITTEN

RESPONSE REQU~RED

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

Attn:

Michael Warnick,

Environmental Inspector

141

South

Main Street,

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:

Pf\~kJ

~&r&~/L

Michael Warnick

Inspector

Date:

November 17,

2004

Enclosure

cc:

Rich

Gerard, Illinois Environmental Protection Agency

Ellen

Robinson,

Illinois

Environmental Protection Agency

FOS

File

r

L

---

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

Open

Dump

Inspection

Checklist

County:

Macon

LPC#:

1150105018

Region:

4

-

Champaign

Location/Site Name:

Blue Mound/Blue

Mound Plumbing

Date:

09/29/2004

Time:

From

08:2lam

To

08:27am

Previous Inspection Date:

04/15/2004

Inspector(s):

Michael Warnick

Weather:

Clear Skies,

Winds North @ 7mph,

Temp

@

No. of Photos Taken:

#

01

Est. Amt. of Waste:

10

Interviewed:

(none)

Responsible Party

Mailing Address(es)

and Phone

Number(s):

53

_______

yds3

Samples Taken:

Yes #

Complaint#:

No

~

SECTION

DESCRIPTION

VIOL

1.

9(a)

CAUSE,

THREATEN OR ALLOW AIR

POLLUTION

IN

ILLINOIS

LII

2.

9(c)

CAUSE OR ALLOW OPEN BURNING

LII

3.

12(a)

CAUSE,

THREATEN OR ALLOW WATER

POLLUTION

IN

ILLINOIS

LI

4.

12(d)

CREATE A WATER POLLUTION

HAZARD

LII

5.

21(a)

6.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

OPERATION:

(1)

Without a Permit

(2)

In Violation ofAny Regulations or Standards Adopted

by the Board

7.

21(e)

DISPOSE, TREAT,

STORE, OR ABANDON

WASTE

INTO THE

STATE AT/TO

SITES NOT MEETING

8.

21(p)

CAUSE OR ALLOW THE

OPEN DUMPING OF ANY WASTE

IN A MANNER WHICH

RESULTS

IN

~JIV

flF TIIF

mi

I

~

AT TI-IF flEIMP

~ITF!

__________

_____________

—

___~uwII1~

—

___.

-

———

-

—

——---.

—-

.

—-

_______

(1)

Litter

________

(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

Blue

Mound Plumbing

Attn:

Peter Bourisaw

401

Railroad Avenue

Blue

Mound, Illinois 62513

217-692-2709

Pete Bourisaw

202 East Niles Street

Blue

Mound, Illinois 62513

217-692-2934

Revised

06/18/200

1

(Open Dump-i)

---

LPC#

1150105018

Inspection

Date:

09/29/2004

(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

LI

(2)

Cause or Allow Open Burning of Any Used or Waste Tire

LI

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

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:

(fl)

PCB;

(Li)

CASE

NUMBER:

ORDER ENTERED

15.

OTHER:

IV~L~JfAicVi,~~

Informational Notes

Signatureof 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 lllinoisl

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 06/18/2001

(Open Dump

-

2)

---

LPC #1150105018

-

Blue Mound/Blue Mound

Inspector(s):

Inspection

Date: Wednesday September 29, 2004

Inspection

Report

Narrative

This site was

inspected by Michael Warnick representing the

Macon

County

Solid Waste Management Department on September 29,

2004.

The inspection

occurred between 8:21

and 8:27

in the morning.

Weather conditions at the time of the

inspection were of sunny skies,

moderate wind conditions, and temperatures

in the

50’s.

Two photographs were taken,

no one was

interviewed,

and no samples were collected.

General Information/Site

History

This site is located in Southwestern

Macon

County.

The property is located in

the Village of Blue

Mound,

in the 400 block of Railroad Avenue.

The reason for the

inspection was to investigate possible violations ofthe

Illinois Environmental

Protection

Act due to open dumping of waste to the south of the building.

A prior inspection of this

facility was conducted on February 25,

2004.

That inspection found violations of open

dumping of plumbing fixtures and construction and demolition debris,

as well as

violations of open burning.

An ACWN was issued and responded to by the business

owner.

The violations were corrected

by April

15,

2004.

Inspection Findings

I arrived at the property and immediately noticed that

open dumping of plumbing

fixtures and construction

and demolition debris had resumed on

the south side of the

business.

I walked over to the waste pile,

and

noticed several water heaters, furnaces,

PVC pipe, and Freon cylinders (photographs I

& 2).

I

was able to count nine cylinders

of Freon 22,

eleven water heaters,

two

furnaces, several sections of PVC pipe, ten bags

of relatively new shingles,

an air conditioner and

a sink that were open dumped

in a pile

on thesouth side of the business.

At the time of the

inspection,

I

did

not make contact with

the business owner.

I

left the property and

ended

my inspection

at 8:27.

---

Summary

of Apparent Violations

Environmental

Protection Act ILCS 5/1

et seq. (formerly

III Rev. Stat. Oh. 111

14,

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 ofthe 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 marked because the open dumping of General

Construction and/or Demolition Debris was observed.

Section 812.101(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 Pleasant View/Blue Mound Plumbing

-

Site #1150105018

-

Macon County

A

Inspector(s): Michael Warnick

W

Inspection Date: Wednesday September 29, 2004

s

I

I

I

________

l~I

0

‘c~I

I

~

.—

H

I~I

I~I

0

o

1cM

0

I~I

—

l~l

1

I

01

2

lzI,-*

I

I

Q

400

Railroad Ave

I

I

I

I

I

I

*

Drawing not to scale

Arrows indicate direction/location ofphotgraphs

---

INSPECTION PHOTOS

DATE:

09/29/2004

TIME:

08:23am

PHOTOS TAKEN BY:

Michael Warnick

COMMENTS: Photo

Taken Toward: East

PHOTO #:

01

DATE:

02/25/2004

TIME:

08:23am

PHOTOS TAKEN BY:

Michael

Wamick

COMMENTS: Photo

Taken Toward: East

SITE #:

1150105018

COUNTY:

Macon

SITE NAME: Blue

Mound/Blue Mound Plumbing

PHOTO #:

02