RECE~vED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

NOV 17 2004

ADMINISTRATIVE CITATION

Pollution

Control Board

COUNTY OF MACON, ILLINOIS

)

Complainant,

)

AC c—’ -~

)

(MCSWMD File No. 2004-001-AC)

v.

)

)

Terry Cripe,

)

Donna Cripe,

)

)

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, Terry and Donna Cripe are the present owners and operators of-a

facility located at 2508 Finch Street, Decatur, 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. 1150155518.

3.

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

4.

That on September 15, 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 15, 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:

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(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 5/21(p)(1)

(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 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 17, 2004, unless otherwise provided by order of the Illinois

Pollution Control Board.

If Respondentselect to contest this Administrative Citation by petitioningthe-t!-linois Pollution

Control Board in accordancewith Section 31.1 oftheAct, 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.

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

2

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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 within the time-prescribed by 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 due-up toand~i-nciudingthadatethatpayment is

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 Respondents.

L

Date // /i~/ô~

Scott A. Rueter

Macon County 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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MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT

AFFIDAVIT

IN THE MATTER OF:

)

)

Terry Cripe,

)

(MCSWMD File No. 2004-001-AC)

Donna Cripe,

)

)

)

)

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 15, 2004 between 10:12 and 10:20 in the morning, Affiant conducted an

inspection of the site in Macon County, Illinois, known as Decatur/Cripe, Terry, Illinois

Environmental Protection Agency Site No. 1150155518.

3. Affiant inspected said Decatur/Cripe, Terry 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 Decatur/Cripe, Terry site.

Subscribed and Sworn to before me

this /~th. of

N~’

~

•

“OFFIClAL SEAL”

$

JENNIFER GOLLADAY

~

~

OTARy PUBLIC, STATE OF

~2I2~io7:

IL’ I’40j5

---

REMITTANCE FORM

COUNTYOF MACON

)

Complainant,

)

AC

)

v.

)

(MCSWMD file No. 2004-001-AC)

Terry Cripe,

)

Donna Cripe,

)

)

Respondents.

)

FACILITY:

Decatur/Cripe, Terry

SITE CODE NO.:

1150155518

COUNTY:

Macon

CIVIL PENALTY:

$3,000.00

DATE OF INSPECTION:

September 15, 2004

DATE REMITTED:

SS/FEIN NUMBER:

SIC NATURE:

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 MANAGEMi~+7

2004

DEPARTMENT

~

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rol ~°~rcj

141 S. Main St., Suite 212, Decatur, IL 62523• phone 217/425-4505 • fax 217/424-1459

DEPARTMENT

MACON COUNTY SOLID

)

1150155518-

MACON COUNTY

WASTE MANAGEMENT DEPT,

)

Decatur/Cripe

Complainant

)

MCSWMD File No. 2004-002-AC

)

COMPLIANCE FILE

vs.

)

Terry Cripe,

)

Donna Cripe,

)

Respondent

)

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

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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

transporter.

#4

By January 17, 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.

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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

Aftn: Michael Warnick, Environmental Inspector

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:

~\I~kLLQ

~

Michael Warn ick

Inspector

Date: November 12, 2004

CERTIFIED MAIL #: 70022410000092600106

Enclosure

cc:

Rich Gerard, Illinois Environmental Protection Agency

Ellen Robinson, Illinois Environmental Protection Agency

FOS File

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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Open Dump Inspection Checklist

County:

Macon

LPC#:

1150155518

Region:

4 - Champaign

Location/Site Name:

Decatur/Cripe, Terry

Date:

09/15/2004 Time: From 10:12am

To 10:20am

Previous Inspection Date: 04/21/2004

Inspector(s):

Michael Warnick

Weather: Sunny,_Temp_in_the 70’s, Mild Winds

No. of Photos Taken: # 04

Est. Amt. ofWaste: 50

yds3 Samples Taken: Yes #

No ~

Interviewed:

none

Complaint #:

Terry Cripe

Donna Cripe

Responsible Party

2508 Finch Street

2508 Finch Street

Mailing Address(es)

.

.

and Phone

Decatur, Illinois 62526

Decatur, Illinois 62526

Number(s):

217-520-2164

217-520-2164

SECTION

DESCRIPTION

VIOL

ILLINOIS

ENVIRONMENTAL PROTECTION ACT

REQUIREMENTS

1.

9(a)

CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS.

L

2.

9(c)

CAUSE OR ALLOW OPEN BURNING

3.

12(a)

CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS

E

4.

12(d)

- CREATE A WATER POLLUTION HAZARD

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

fl

(3)

OpenBurning

E —

(4)

Deposition of Waste in_Standing_or_Flowing_Waters

E

(5)

Proliferation of Disease Vectors

—

(6)

Standing or Flowing Liquid Discharge from the Dump Site

Revised 06/18/2001

(Open Dump

-

1)

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LPC#

1150155518

Inspection Date:

05/21/2004

(7)

Deposition of General Construction or Demolition Debris; or Clean Construction or

Demolition Debris

I

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

E

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

E

12.

808.1 21

SPECIAL WASTE DETERMINATION

E

13.

809.302(a)

ACCEPTANCE OF SPECIAL WASTE FROM AWASTE TRANSPORTER WITHOUT A

WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND

PERMIT AND!OR MANIFEST

E

OTHER REQUIREMENTS

14.

APPARENT VIOLATION OF: (Li) PCB; (U) CIRCUIT COURT

CASE NUMBER:

ORDER ENTERED ON:

15.

OTHER:

55(a), 4

Cause or allow the operation of a tire storage site

55(a), 5

No person shall abandon or dump any used or waste tire on private

property

D

E

~Y~Ar~’)uLJ

LC~ct~~/~

Signature of Inspector(s)

Informational Notes

1.

Illinois Environmental Protection Act: 415 ILCS 5/4.

2.

Illinois Pollution Control Board: 35 Ill. 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 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.

Revised 06/18/2001

(Open Dump -2)

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LPC ?~1150155518

- Macon County

DecaturlCripe

FOS

File

Inspector(s): Michael Warnick

Inspection Date:

September 15, 2004

Inspection Report Narrative

This site was inspected on Wednesday September 15, 2004 between the hours

of 10:13 and 10:20 in the morning. The inspection was conducted by Michael.Warnick,

representing the Macon County Solid Waste Management Department. Weather

conditions at the time ofthe inspection were of sunny skies, an air temperature in the

70’s, and mild wind conditions. Four photpgraphs were taken, no one was interviewed

at the time of the inspection, and no samples were collected.

General Information/Site History

This site is located in northern Macon County. The property is located at 2508

Finch Street, in Decatur Township. The reason for the inspection was due to a

complaint received about open dumping of tires. The most recent inspection occurred

on May

21,

2004, however no formal action was taken at that time.

Inspection Findings

I arrived at the site at 10:13 and proceeded to the front of the residence, where I

observed a large tractor tire filled with household waste (photograph 1). Next to the tire,

were six tires stacked and a pile of what appeared to be car or truck axles (photograph

2). I then walked to the back of the property where, at the previous inspection, tires had

been open dumped. Ifound a pile of fiberglass siding, concrete steps, PVC pipe, and

guttering next to a large red truck (photograph 3). Inside the bed of the truck, I

observed tires (I was able to count at least 13 tires), siding, guttering, and PVC pipe. A

motorcycle, scrap metal, and more siding and guttering was open dumped next to the

truck (photograph 4). At the time of the last inspection, Ms. Cripe stated that the truck

and the tires did not belong to them, but belonged to another gentleman who had

parked the truck there. She was not able or willing to identify the gentleman.

At this point, I found no other obvious violations, so I ended my inspection and

left the property at 10:20.

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Summary of

Apparent

Vio!ations

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.

• A violation of Section 21(a) is alleged 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.

• A violation of Section 21(d), (1) is alleged 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.

• A violation of Section 21(d), (2) is alleged because waste was

stored and 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.

• A violation of Section 21(e) is alleged because waste was

disposed and stored 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

• A violation of Section 21(p), (1) is alleged 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.

• A violation of Section 21(p), (7) is alleged because 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.

• A violation of Section 55(a), (1) is alleged because more than

nineteen used tires v~ereopen-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 55(a), (5) of the Act. No person shall abandon, dump, or dispose of any used

or waste tire on private property, except in a sanitary landfill that is permitted to accept

waste tires.

• A violation of Section 55(a), (5) is alleged because waste tires were

abandoned and disposed of on private property.

---

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.

• A violation of Section 812.101(a) is alleged because a landfill is

being operated, but no application has been submitted to the

Agency and/or Board to develop and operate a landfill.

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Site sketch for Decatur/Cripe

Site#1150155518-Macon County

Inspector(s): Michael Warnick

4

Inspection Date: September 15, 2004

.~

I~o

II

*

Drawing not to scale

Arrows indicate directionllocation ofphotographs

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INSPECTION PHOTOS

DATE:

09-15-2004

TIME:

10:13am

PHOTOS TAKEN BY:

Michael Warnick

COMMENTS: Photo

Taken Toward: West

PHOTO #: 01

SITE#: 1150155518

SITE

NAME: Decatur/Cripe

PHOTOS TAKEN BY:

Michael

Warnick

COMMENTS: Photo

Taken Toward:

North

COUNTY: Macon

PHOTO #: 02

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PHOTOS TAKEN BY:

Michael

Warnick

COMMENTS: Photo

Taken Toward:

Southwest

TIME: 10:15am

PHOTOS TAKEN BY:

Michael

COMMENTS: Photo

COUNTY: Macon

PHOTO #: 04