CLERK~SOFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
082003
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
COUNTY OF VERMILION, ILLiNOIS,
)
Pollution
Control
Board
)
Complainant,
)
AC No.
_____
)
v.
)
County File No.
03-02
)
BILL WERNIGK,.
)
)
Respondent.
)
JURISDICTION
This
Administrative Citation is issued pursuant to the authority vested in the
Illinois Environmental Protection Agency by sections 4(e)
and 31.1 ofthe Illinois
Environmental Protection Act
(“Act”),
415
ILCS 5/4(e),
5/31.1,
and delegated to
Vermilion County pursuant to section 4(r) ofthe Act,
415
ILCS
5/4(r).
FACTS
1.
Respondent, Bill Wernigk, is, and was at all times relevant to
this
Administrative Citation, the occupant
and operator ofproperty located at
3585
East 3200 North Road, Potomac,
County ofVermilion, 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 8, 2003, Douglas Toole ofthe Vermilion County Health Department
inspected the above-described property.
Douglas Toole’s Affidavit and a
copy ofhis inspection report are attached hereto and made a part hereofby
reference.
VIOLATIONS
On the basis of the direct observation ofDouglas Toole, the County ofVermilion
has determined that on July
8, 2003, Respondent was conducting an unlicensed open
dump
at the above-described
address, which
is required to
have a permit pursuant to
415
ILCS 5/21(a) of the 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
ILCS
S/2l(p)(1), 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 21Qi)(7) ofthe Act,
415
ILCS
5/21(p)(7),
which provides no
person shall..
.
cause or allow the open dumping ofany waste in
a manner
which results in.
.
.
the deposition ofgeneral
construction or demolition
debris; or clean construction or demolition debris.
CIVIL PENALTY
Pursuant to section
42(b)(4-5)
ofthe Act, 415 ILCS
5/42(b)(4-5),
Respondent
herein is subject to a civil penalty ofOne Thousand Five Hundred Dollars ($1500.00) for
each ofthe above-mentioned violations.
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 One Thousand Five Hundred Dollar
($1500.00) statutory penalty for eachviolation.
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).
If you elect to contest this Administrative Citation, you
must file a Petition for Review with the Clerk ofthe Illinois Pollution Control Board,
at
the State ofIllinois Center, 100 West Randolph Street, Suite 11-500, Chicago, Illinois
60601.
Such Petition for Review must be filed within thirty-five
(35)
days ofthe date of
service ofthis AdministrativeCitation, or a default judgment 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 September
11.
Ifyou
do not petition the Illinois
Pollution Control Board for review ofthis Administrative Citation within thirty-five
(35)
days ofservice hereof and have not paid the civil penalty by the due
date stated above, or
if you elect to contest this Administrative
Citation, any judgment 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 attach~d
hereto.
If any civil penalty, by reason ofacknowledgment, default or finding after
adjudicatory hearing, is not paid when due, the Vermilion County State’s Attorney may
initiate proceedings in the Circuit
Court to collect said civil penalty.
In addition to the
previously assessed civil penalty and any hearing costs ofthe Illinois Pollution Control
Board, the State’s Attorney’s Office will seek to recover its costs oflitigation.
Dated:
~
/
O~
_____________________
(.
Frank R. Young
State’s Attorney for Vermilion County
By:
L4—~~--’fl1
Jennifer)
ggs~
Assista~JState’sAttorney
Prepared by:
JenniferRiggs
Office ofthe State’s Attorney
7 N. Vermilion St.
Danville, IL 61832
217-554-7750
CLERK
S OFf
SEP
~jWi~I&NCE
FORM
•
SThTE
I
Board
~ioflCoflt~°
iN THE MATTER
OFP0~
•
)
)
ACNo.
C).
BILL WERNIGK,
)
County File No~
03-02
)
Respondent.
)
Facility/Property:
3585
East 3200 North Road, Potomac, Illinois
County:
Vermilion
Date ofInspection:
July 8, 2003
Site Code No.:
1838115002
Civil Penalty:
$1500.00 for each violation
=
$3000.00
Date Remitted:
_________________
SSN/FEIN No.:
____________
Signature:
_______________
NOTE
Please enter the date ofyour remittance, your Social
SecurityNumber (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, 20Q S.
College Street, Danville, Illinois
61832.
• RECEIVED
CLERI’~
OFFICE
SEP
082003
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
•
•
STATE OF ILLINOIS
AFFIDAVIT
Pollution Control Board
IN THE MATTER OF
)
BILL WERNIGK,
)
AC No.
0
)
County File No. 03-02
•
Respondent.
)
The Affiant, Douglas Toole, being first duly sworn, voluntarily deposes and states
as follows:
1.
Affiant is a field inspector employed by the Vermilion County Health
Department and has been so employed at all times pertinent hereto.
2.
On July 8,
2003,
between 1:00
and 1:05
p.m., Affiant conducted
an inspection
•
ofproperty at 3585 East
3200 North Road, within the County ofVermilion,
State ofIllinois, operated by Bill Wernigk.
3.
Affiant inspected the property by 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 the property at 3585
East 3200 North
Road, Potomac, Illinois on July 8, 2003.
Douglas Toole
SIGNED and SWORN to before me this,~day ofAugust, 2003, by Douglas
Toole.
NOTARY PUBLIC
OF~C~AL
S~AL
3ONN~E
EUE
BOWLES
NOTAF~’(PUBLiC
ST.AT~OF
LL1NO~S
~
~
~~?iBES
~)—5—2OO3
•
•
ILLINOIS
ENVIRONMENTAL PROTECTIO~LA~th~~E
Open
bump Inspection
Checklist
SEP
082003
SThTE OF
ILLAJ’JOIS
County:
____________________
LPC#:
jS3&11500
Q
Po1tu’~h°~ontr~
Pru~rd
Location/Site
Name:
~~~fij(
/W~~Q~.JI6./
Date:
71gfO3
Time:__From
/;O0 PM.
To
I;~SP.M.
Previous
Inspection
Date:
,f,3/c3
Inspector(s):
Oôu&~4s
7Oo~E
Weather:
CL~UOY,
L~’QY,
9~°P
No.• of Photos Taken:
#
~Lj
Est.
Amt.
of Waste:
j~O
yds3
Samples Taken:
Yes #
No
~
Interviewed:
•
Complaint#:
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN ILLINOIS
•
2.
9(c)
•
CAUSE OR ALLOW OPEN BURNING
•
D
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN ILLINOIS
•
•
&
12(d)
CREATE
A WATER POLLUTION
HAZARD
•
E
5.
21(a)
CAUSE OR
ALLOW OPEN
DUMPING
•
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
•
LII
(6)
•
Standing
or
Flowing
Liquid
Discharge from the Dump Site
E
VERtI,L
1ot.J
Responsible
Party
Mailing Address(es)
and’ Phone
Number(s):
RI’-L
i~&I
3616
E.
3Q~CO~JoAT!
g0~o•
Portn*~1
;TL
~‘a~.5
çMhE.S
~L,gE/~1e~
.5-11
H”.’-
(R~r
~)d~lVE
ftPE~., 1NC
~73O~2
Revised
06/18/2001
(Open Dump
-
1)
VERMILION
COUNTY
HEALTH
DEPARTMENT
STEPHEN
LAKER,
M.S.
HEALTH
AND
EDUCATION
BUILDING
PUBLIC
HEALTH ADMINISTRATOR
•
200
SOUTH
COLLEGE,
SUITE
A
DANVILLE,
IL 61832
•
PH0NE/TDD
217
431-2662
PUBLIC
HEALTH
IS
PRiCELESS
•
F.~x
217
431-7483
•
LPC#1838115002
•
•
•
Middlefork!Wemigk
•
•
•
FOS
-
7/08/03
•
OPEN DUMP INSPECTION NARRATIVE
This umperniitted open dump was reinspected on July 8, 2003
by Douglas Toole ofthe Vennilion
County Health Department.
The weather was cloudy, dry and about 90 degrees Fahrenheit.
Four
• photos were taken ofthe site.
•
•
•
•
The site is 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 ofopen 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.
On
January 13, 2003,
I observed large
piles ofrefuse behind the Wernigk’s home.
I arrived on the property at about 1:00 p.m.
on July
8, 2003.
No one accompanied me during the
reinspection.
In January, I had observed
stuffed
furniture, plastic p•ipe, boards, concrete blocks
and other refuse in two piles north ofthe house.
During this inspection, I observed piles ofdirt,
concrete, remodeling and demolition debris, as well as some scrap metal, tires and other refuse
(photos
1-4).
I did not observe evidence ofrecent burning.
I left the site at about
1:05
p.m.
On the Inspection Report Checklist for this
reinspection, I estimated that there were
120 cubic
yards ofwaste in the two piles 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 may vary
significantly from that estimation.
AN
EQ.AL
OPPORTt~7’ EAJPLOYER
LPC#1838115002
•
•
MiddleforklWernigk
7/08/03
Page 2 of3
SUMMARY
OF
APPARENT
VIOLATIONS
ILLINOIS ENVIRONMENTAL
PROTECTION ACT (415 ILCS
5/1
et seq.)
•
Section21(a) ofthe Act:No person shall
...
cause or allow the open dumping of
any
•
waste. Open dumping was observedon 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.bythe
Agency.
No
•
Agencypermit to conduct a waste storage, waste-treatment,or waste-disposaloperation
• for the site
was
issued.
•
Section21 (d)(2) ofthe Act:No person shall
...
conduct
any
waste-storage, waste-
•
treatment, or waste disposal operation
...
in violationof
any regulations or standards
adoptedby 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 21(e) ofthe Act: No person shall
...
dispose, treat, store orabandon
any
waste•
except at a site or facilitywhich meets therequirements of
this
Act
and
ofregulations
and standards
thereunder.
The storage
and disposal ofwaste was occurring at a site
which did not meet the requirements ofthe
illinois
Environmental Protection Act and the
Iffinois Pollution ControlBoard 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 #1838115002
MiddleforklWernigk
•7/08/03
Page 3 of3
Section 21 (p)(7) ofthe Act:No person shall
...
cause or allow the opendumping of
any
waste whichresults 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)(1) ofthe Act: No person shall
...
cause or allow the open dumping of any
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 exemptedby
Section 21(d) ofthe
Environmental
Protection Act (Act)
415
ILCS
5/21(d),
shall submit
to theAgency an application fora
permit
to develop
and
operate a
landfill.
The application
must contain the informationrequired by this Subpart
and
bySection39(a) oftheAct,
except as otherwiseprovided in 35 III. Adm. Code 817. No such applicationfor a permit
to develop
and
operate a landfillwas submitted.
STATE
OF ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENC?
SITE SXZTC~
‘Date. of
InspectiOn:
~
Site
Code:I&3~/I~
C
Site
Nanie:
!1kOOLEFt’1~I’
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—
-rnspector:.
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County:
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on
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Paper
flrne:
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OFFv~
SEP
0
8
2003
BEFORETHE ILLINOISPOLLUTIONCONTROL BOARD
STATE OF
ILLINOIS
•
•
~
Contro/ Board
IN THE MATTER OF
)
AC
No.
o’H
BILL WERNIGK,
)
County File No. 03-02
)•
Respondent.
)
AFFIDAVITOFSERVICEON CORPORATION
State of Illinois
)
)
ss
•
County ofVermilion
)
•
I, the undersigned, on oath state that I have served the attached Administrative
Citation on the Respondent, Bill Wernigk, by leaving a copy ofthe same with (name):
7~’1~
/4rW~4~
,
at (address):
~
J2ao
4.
,izo(
at (time):
_________
on (date):
,
,
,
2003.
Investigator
•
.
Vermilion County State’s Attorney Office
SUBSCRIBED AND SWORN TO BEFORE ME this~
day of
,
2003.
~5UE
WLES
NoTI~Y
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~j/~/-
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THISFILING IS SUBMITTEDON
RECYCLED
~
•~
