RECE~VED
CLERK’S OFFICE
JUL21
2004
STATE OF ILLINOIS
Pollution Control Board
OFFICE
OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
_~
July
16,
2004
The Honorable Dorothy Gunn
Illinois
Pollution Control
Board
James
R. Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Re:
People
v.
Danny Wiegel,
dibla Wiegel’s
Tree Service
Dear
Clerk Gunn:
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING, ENTRY
OF APPEARANCE
and
COMPLAINT
in
regard
to the
above-captioned
matter.
Please file
the
originals
and
return
file-stamped
copies of
the
documents
to
our
office
in
the
enclosed
self-
addressed, stamped
envelope.
Thank you
for your cooperation
and consideration.
Very truly yours,
1j44+
&~
/~cit~’0
(\Jennifer
onkowski
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
JB/pp
Enclosures
500 South
Second Street,
Springflcki,
Illinok
62706
•
(217)
782-1090
•
‘I”FY: (217)
785-2771
•
Fax:
(217) 782-7046
100 West
Randolph
Street. Chicago.
Illinois
60601
•
(312)
814—3000
•
‘l”I’Y:
(312) 814~3374
•
Fax:
(312) 814—3806
1001
Fast \!ain,
Carhondale,
Illinois
62901
•
(618)
529—64(8)
•
‘l’l’Y:
(6)8)
529—6403
•
Fax:
(618)
529—6416
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
JUL
212004
PEOPLE OF THE STATE
OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
VS.
)
PCBNo.O’~
(Enforcement)
DANNY WIEGEL,
d/b/a WIEGEL’S TREE SERVICE,
Respondent.
NOTICE OF FILING
To:
Mr.
Danny Wiegel
Wiegel’s Tree Service
1130
Cody Road
Centralia,
IL 62801
PLEASE TAKE
NOTICE that on this
date
I
mailed for filing with
the Clerk of the Pollution
Control
Board
of
the State
of
Illinois,
a
COMPLAINT,
a copy
of
which
is attached
hereto
and
herewith
served
upon you.
Failure to file
an
answer to
this Complaint within
60
days
may have
severe
consequences.
Failure to answer will
mean
that
all allegations
in
this Complaint will
be
taken
as
if
admitted
for
purposes
of
this
proceeding.
If
you
have
any
questions
about
this
procedure, you
should contact the hearing
officer assigned
to this proceeding, the Clerk’s Office
or
an attorney.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing
Act, 20
ILCS
3515/1
(2002), to
correct the pollution alleged
in
the Complaint filed
in
this case.
Respecifully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA MADIGAN,
Attorney General
of the
State
of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
~
(‘7
JENN~ERBONKOWSKI
~i
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated: July
16, 2004
2
RECE~VED
CLERK’S OFFICE
JUL
21
2004
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
Pollution Control Board
I
hereby certify that
I
did
on July 16,
2004,
send
by certified
mail, with
postage thereon
fully prepaid,
by depositing
in a
United
States
Post Office Box a true
and correct copy of the
following
instruments entitled
NOTICE OF FILING,
ENTRY OF APPEARANCE
and
COMPLAINT:
To:
Mr.
Danny Wiegel
Wiegel’s Tree Service
1130
Cody Road
Centralia,
IL 62801
and the original
and
ten copies by
First Class
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution Control
Board
James
R.
Thompson Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
I
/Ac4z~/L~~
4nifer
Bo
kowski
Msistant Attorney General
This filing is submitted
on
recycled paper.
RECE~V~D
CLERK’S OF~Ic~
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
JUL
21
2004
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE
OF ILLINOIS,
)
Complainant,
v.
)
PCB
NO.
(-1C~)
)
(Enforcement)
DANNY WIEGEL,
)
d/bla
WIEGEL’S TREE SERVICE,
)
Respondent.
APPEARANCE
I,
JENNIFER BONKOWSKI, Assistant Attorney General of the
State of
Illinois, hereby
file
my appearance
in this proceeding
on behalf of the Complainant,
PEOPLE
OF THE
STATE
OF ILLINOIS.
Respectfully Submitted,
PEOPLE OF THE STATE OF
ILLINOIS
LISA MADIGAN,
Attorney General
of the
State
of Illinois,
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BYJD/L44J~4’
,JQ’~i1~UY/~C-
J!NNIFER poNK6wsKI,
~ssistant Attorney General
JENNIFER BONKOWSKI
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
•~7
7/0
/O
~-/
RECEIVED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
JUL
212004
STATE OF ILLINOIS
PEOPLE OF THE
STATE OF ILLINOIS,
)
Pollution Control Board
Complainant,
~oc1
v.
)
PCBNO.O~
)
(Enforcement)
DANNY WIEGEL,
)
dlbla
WIEG EL’S TREE SERVICE,
)
Respondent.
COMPLAINT
Complainant,
PEOPLE
OF THE
STATE
OF ILLINOIS,
by
LISA MADIGAN,
Attorney
General of the State of Illinois, complains of Respondent,. DANNY WIEGEL,
as follows:
COUNT
I
AIR POLLUTION
1.
This
Complaint is brought by the. Attorney General
on
her own
motion
and at the
request of the Illinois
Environmental Protection Agency (“Illinois
EPA”), pursuant to the terms
and
provisions of Section
31
of the Illinois Environmental Protection
Act (“Act”), 415 ILCS 5/31
(2002).
2.
The Illinois EPA
is an
agency of the
State of Illinois
created
by the
Illinois
General Assembly
in
Section 4 of the Act, 415 ILCS 5/4 (2002),
and
charged,
inter
a/ia,
with the
duty of enforcing the Act in
proceedings before the Illinois
Pollution Control
Board
(“Board”).
3.
This Complaint is
brou.ght pursuant to
Section
31
of the Act, 415
ILCS
5/31
(2002), after
providing the Respondent with
notice and
the opportunity for a
meeting with the
Illinois EPA.
4.
Respondent,
Danny Wiegel,
owns and
operates a
business
known as Wiegel’s
Tree Service
at
1130
Cody Road
in Centralia,
Marion
County,
Illinois.
1
5.
At
a time better known
to the Respondent,
but at least beginning
in April
2002,
and reoccurring
periodically through the present, the
Respondent has caused or allowed the
burning of tree trimmings, wood,
logs,
limbs,
chips,
and other waste at
his business.
6.
Section
9 of the Act, 415 ILCS 5/9 (2002),
provides,
in
pertinent part:
No person shall:
(a)
Cause or threaten
or allow the discharge or emission
of any contaminant
into the environment
in any State so
as to
cause or tend
to cause
air
pollution in
Illinois, either
alone or
in combination with
contaminants from
other sources,
or so
as
to violate regulations or standards
adopted by the
Board
under this Act;
***
(c)
Cause or allow the opeh burning
of refuse.
.
***
7.
Section 3.115
of the Act, 415 ILCS 5/3.115
(2002), defines “air pollution” as
follows:
“AIR POLLUTION”
is the presence in the atmosphere of one
or more
contaminants in
sufficient quantities
and of such characteristics and duration as
to be injurious to
human,
plant,
or animal
life, to health,
or to property,
or to
unreasonably
interfere with
the enjoyment of life or property.
8.
Open burning
is also prohibited
by Section
237.102 of the Board’s Air Pollution
Regulations,
35
Ill. Adm.
Code 237.102.
9.
Section 237.101
of the Board’s Air Pollution
Regulations,
35
III. Adm.
Code
237.101,
provides the following
applicable definitions:
“Landscape Waste”:
Any vegetable or plant refuse,
except
garbage
and
agricultural waste.
The term includes
trees, tree
trimmings,
branches, stumps,
brush, weeds,
leaves,
grass,
shrubbery and yard
trimmings.
“Open
Burning”: The combustion
of any matter
in such
a way that
the products
of the combustion are emitted
to the open air without
originating
in or passing
through equipment for which a permit
could
be issued
under Section 9(b) of the Act citation
omitted.
2
“Refuse”:
Any discarded
matter;
or any matter which is to
be
reduced in volume,
or otherwise changed
in chemical
or physical
properties,
in order
to facilitate
its discard,
removal or disposal.
“Trade Waste”:
Any refuse
resulting from the prosecution of any
trade, business, industry,
commercial venture,
utility or service
activity,
and
any government or institutional activity,
whether or
not for profit.
The term includes
landscape waste
but excludes
agricultural waste.
10.
The tree trimmings, wood,
logs, limbs,
chips,
and
other waste
burned by
the
Respondent were generated by Respondent’s
business and
are considered as “refuse,” “trade
waste,” and
“landscape waste,” as those terms are defined
at Section 237.101
of the Board’s
Air Pollution
Regulations,
35
III.
Adm. Code 237.101.
11.
By causing or allowing
the open
burning of tree trimmings, wood,
logs,
limbs,
chips,
and
other waste on
numerous occasions since
April 2002,
which resulted in the emission
of smoke, odor and other contaminants in such
quantity,
duration,
and
concentration so as to
cause air pollution by unreasonably
interfering with the enjoyment of life or property by
neighboring
residents, the Respondent has violated Section
9(a)
of the Act, 415
ILCS 5/9(a)
(2002).
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the People of The State of
Illinois, respectfully request
that
the Board
enter an
order
against the Respondent,
Danny Wiegel:
A.
Authorizing
a
hearing
in this matter at which time the Respondent will
be
required to answer the allegations herein;
B.
Finding that
Respondent has
violated the Act and regulations
as alleged
herein;
C.
Ordering Respondent to
cease and
desist from
any further violations of the Act
and
associated
regulations;
3
D.
Pursuant to
Section 42(a) of the Act, 415
ILCS 5/42(a)
(2002), impose
a civil
penalty of up to fifty thousand
dollars
($50,000) for each violation
and
an additional
penalty
of
ten thousand
($10,000) for each
day during which such violations
continued;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding
to
Complainant its
costs and reasonable attorney’s
fees;
and
F.
Granting
such other
relief as the Board
may deem
appropriate.
COUNT
II
OPEN
BURNING VIOLATIONS
1-10.
Complainant repeats and
realleges paragraphs
1
through
10 as paragraphs
1
through 10
of Count
II.
11.
By causing
or allowing the open
burning
of tree trimmings, wood,
logs,
limbs,
chips, and
other waste
by
the Respondent on
numerous occasions since April
2002,
the
Respondent has violated
Section
9(c) of the Act, 415
ILCS
5/9(c) (2002).
PRAYER FOR
RELIEF
WHEREFORE, Complainant, the People of the State of Illinois,
respectfully request that
the
Board
enter an order
against the Respondent,
Danny Wiegel:
A.
Authorizing a hearing
in
this matter at
which time the Respondent will
be
required
to
answer the allegations
herein;
B.
Finding
that Respondent has violated the Act and
regulations as
alleged herein;
C.
Ordering
Respondent to cease
and desist from
any further violations of the Act
and associated
regulations;
D.
Pursuant
to Section
42(a) of the Act, 415
ILCS 5/42(a)
(2002),
impose a
civil
penalty of up to fifty thousand
dollars
($50,000)
for each
violation
that occurred
and an
4
additional penalty of ten thousand
($10,000) for each
day during which such violations
continued;
E.
Pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2002),
awarding to
Complainant its costs
and
reasonable attorney’s fees;
and
F.
Granting such
other relief as the Board
may deem appropriate.
Respectfully submitted,
PEOPLE OF THE
STATE OF
ILLINOIS,
LISA MADIGAN,
Attorney General
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:_____________________
THOMAS
DAVIS
Assistant Attorney General
Environmental Bureau
Of Counsel
JENNIFER
BONKOWSKI
Assistant Attorney General
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
~//
~
~y?
5
