CLERK’S
OFACE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
BEC ~6
2C64
ADMINISTRATIVE CITATION
STATE OF
ILLINOIS
Po~ution
Control Board
COUNTY OF MACON,
ILLINOIS
)
Complainant,
)
AC
~-‘
)
(MCSWMD
File No. 2004-004-AC)
v.
)
David Beck,
)
)
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, David Beck isthe present owner and operator of a facility located
at 2395 Sangamon Road,
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.
1158125019.
3.
That Respondent has owned and operated said facility at all times pertinentheretc~
4.
That on
November 23, 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
November
23,
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 and/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).
IfRespondents elect
notto petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall 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 contestthis Administrative 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 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.
Pursuantto Section 31.1(d)(1) of theAct, 415 ILCS 5/31.1(d)(1) (2002), ifRespondentsfail
to petition or elect notto
petition the Illinois Pollution Control Board for review of this Administrative
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.
If any civil penalty and/or hearing costs are not paid withinthe 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 thedate payment is due-uptoian.d:incftiding:the:date:thatpaymentis
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.
L
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 theAct, 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:
______
Jack’~/.
)~hola
Macon’tounty States Attorney
Prepared by:
Michael J. Warnick,
Environmental
Inspector
Macon County Solid Waste Management Department
141
South
Main Street,
Room 212
Decatur,
Illinois 62523-1293
217-421-0291
4
CLERK’S
OFFICE
REMITTANCE FORM
~
o
6
2C~4
STATE OF ILU~OIS
Poflut~OflControl Board
COUNTY OF MACON
)
Complainant,
)
AC
O3
v.
)
(MCSWMD file No.
2004-004-AC)
)
David Beck,
)
)
Respondents,
)
FACILITY:
Oakely/Beck
SITE
CODE
NO.:
1158125019
COUNTY:
Macon
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
November 23, 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
IN THE MATTER
OF:
David Beck,
MACON COUNTY SOLID WASTE MANAGEMENT
DEPA~~y~r~P
AFFIDAVIT
oEC
06
2004
STATE OF ILLINOIS
Pollution Control Board
)
(MCSWMD File
No. 2004-004-AC)
Respondent
)
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
November 23, 2004 between
11:44 am and
11:51
am, Affiant conducted an
inspection of the site
in Macon
County,
Illinois, known as Oakley/Beck,
Illinois Environmental
Protection Agency Site
No.
1158125019.
3.
Affiant inspected said Oakley/Beck 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 Oakely/Beck site.
(WrJ~n1aOi~M~n
-
-~
~
‘-~~::•~
“
•
.--
~
‘LADA’(
V
/r~
O~
ILLINOIS
~
-~)~~P~E5
O212C’C~
~.
~
“
Subscribed and Sworn
to
before me
this~7~,’~cL
of
2004
MACON COUNTY
SOLID
WASTE MANAGEMENT
DEPARTMENT
141
S.
Main St.,
Suite 212,
Decatur,
IL 62523
•
phone
217/425-4505
•
fax 217/424-1459
ADMINISTRATIVE CITATION
MACON COUNTY SOLID WASTE MANAGEMENT
DEPARTMENT
MACON COUNTY SOLID
WASTE MANAGEMENT
DEPT,
Complainant
vs•
David Beck,
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 Illinoisi
Environmental Protection Act.
Periodic inspection(s)
will be conducted to verify
cleanup and
compliance,
both during the cleanup process and after returning to
compliance.
)
)
)
)
)
)
)
1158125019—
MACON
COUNTY
OakleylBeck
COMPLIANCE FILE
Printed
on
Recycled
Content Paper
YOU ARE REQUIRED TO COMPLETE THE FOLLOWING CORRECTIVE
ACTIONS:
#1
Immediately cease all open dumping
and open burning.
#2
By January 10,
2005, you must remove all waste to a permitted landfill or
transfer station.
Scrap metal not disposed at a landfill
can
be taken to a
scrap metal facility or recycling center.
#3
By January 25,
2005, you must submit to the
Macon County Solid Waste
Management Department, copies of receipts that document the proper
disposal or recycling of the wastes.
WRifTEN
RESPONSE
REQthRED
Wfthin forty~five(45) calendar days of the date of this Citation, ~ou 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.
Ifyou 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, Room 212
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:
~
~
Michael Warnick
Inspector
Date: December 2, 2004
CERTIFIED MAIL #: 70022410000092600274
Enclosure
cc:
Rich
Gerard, Illinois Environmental Protection Agency
Ellen Robinson,
Illinois Environmental Protection Agency
FOS File
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Open Dump Inspection
Checklist
County:
Macon
LPC#:
1158125019
Region:
4
-
Champaign
Location/Site Name:
Oakley/Beck,
Noble
(David)
Date:
11/23/2004
Time:
From
11:44am
To
11:51am
Previous Inspection Date:
09/28/2004
Inspector(s):
Michael Warnick
Weather:
Cloudy Skies, Light Mist, Temp in the 50’s
No. of Photos Taken:
#
02
Est. Amt. of Waste:
10
yds3
Samples Taken:
Yes #
No
~
Interviewed:
(none)
Complaint #:
Noble Beck (deceased)
Physical Address of Property
Responsible Party
David
Beck (respondent)
2395 Sangamon
Road
MiAress(es)
3510 East Orchard Street
Decatur,
Illinois 62521
Number(s):
Decatur, Illinois 62526
217-423-1829
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION
IN ILLINOIS
Z
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
Z
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
LI
4.
12(d)
CREATE A WATER POLLUTION HAZARD
LI
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
Z
6.
21(d)
CONDUCTANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit
LI
(2)
In
Violation of Any Regulations or Standards Adopted by the Board
LI
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
Z
(2)
Scavenging
LI
(3)
Open Burning
(4)
Deposition_of Waste in Standing or Flowing_Waters
LI
(5)
Proliferation
of Disease Vectors
LI
(6)
Standing or Flowing
Liquid Discharge from
the Dump
Site
LI
Revised 06/18/2001
(Open Dump
-
1)
LPC#
1158125019
Inspection
Date:
09/28/2004
(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
LI
11.
722.111
HAZARDOUS WASTE DETERMINATION
LI
12.
808.1 21
SPECIAL WASTE DETERMINATION
LI
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
LI
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE_NUMBER:
ORDER ENTERED ON:
LI
15.
OTHER:
LI
LI
LI
LI
LI
LI
J~)k~Qc2
W~i’~
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)
LPC #1158125019
-
Macon County
Oakley/Beck, Noble (David)
FOS File
Inspector(s): Michael
Warnick
Inspection Date:
Tuesday November 23, 2004
Inspection
Report Narrative
This site was inspected on November 23,
2004 between the hours of 11:44 and
11:51
in the
morning.
The inspection was conducted by Michael Warnick,
representing
the Macon County
Solid Waste Management Department.
Weather conditions at the
time of the inspection were of cloudy skies,
a light misty rain, and an air temperature
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 Eastern Macon
County.
The property is located at 2395
Sangamon Road,
in Oakley Township.
This inspection was conducted to verify
compliance of the Act, the
initial inspection was conducted after receiving
a complaint
regarding the
demolition
and open burning of a building.
The most recent inspection of
this property occurred on September 28,
2004
Property Ownership
This property is owned by Noble and Mary Beck of 3510 East Orchard
Street in
Decatur, Illinois.
This information was obtained through the
Macon County Supervisor
of Assessments Office.
After talking with the family of Noble Beck,
I discovered that Mr.
Beck was deceased
and that his son, David
Beck, would be handling all the response
and responsibility for the inspection and subsequent violation and cleanup.
Inspection
Findings
I arrived at the property at 11:44 and immediately proceeded to the area where
the open burning and open dumping had previously occurred.
It appeared that, not only
had no cleanup operation begun,
but that more waste had been dumped on the
site.
I
noticed that shingles, dimensional lumber,
bed springs, scrap metal, paint
cans,
aluminum and tin cans,
and metal shelving were present in the
pile (photographs I
& 2).
I
noticed no other piles of waste, so
I
returned to my vehicle and left the property at
11:51.
Summary of Apparent
Violations
Environmental Protection Act ILCS 5/1
et seq.
(formerly
III Rev.
Stat. Ch.
111
~
1001 et seq.) hereinafter
referred to as the “Act”
Section 9(a) of the Act.
No person shall cause, threaten, or allow; or tend to cause,
threaten or allow,
air pollution
in
Illinois.
•
A violation of Section 9(a)
is alleged because open-burning that
allowed air pollution to enter the air in the
State of Illinois was
observed to have
been allowed.
Section 9(c) of the Act.
No
person
shall
cause or allow the open burning of any
refuse, conduct any salvage operation by open burning or cause or allow the burning of
any refuse
in any chamber not specifically designed for the purpose and not approved
by the agency.
•
A violation of Section 9(c)
is alleged
because open burning of
refuse was
allowed to occur.
Section 12(a) of the Act.
No
person shall cause,
threaten, or allow, the discharge of
any contaminants
into the environment
in any state so as to cause
or tend to cause
water pollution
in
Illinois, either alone or
in
combination
with
matter from other sources.
•
A violation of Section
12(a)
is alleged because open
burning
threatened to cause water pollution.
Section 12(d) of the Act.
No person
shall deposit any contaminants on the
land so as
to create a water pollution hazard.
•
A violation of Section 12(d)
is alleged because open burning
occurred next to the
creek that would create a water pollution
hazard.
Section 21(a) of the Act.
No person
shall cause or allow the open dumping of any
waste.
•
A violation of Section 2 1(a)
is alleged because waste was
observed that had
been open-dumped.
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 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 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), (3)
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... Open Burning
•
A violation of Section 21(p),
(3) is alleged because open dumping
resulting
in
Open Burning was allowed
to occur.
Section 21(p),
(4) 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... Deposition of Waste in
Standing or Flowing Waters.
•
A violation of Section 21(p), (4) is alleged because open dumping
of waste into Standing or Flowing Waters was observed.
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) ofthis
Act.
•
A violation of Section 21(p), (7) is alleged because the
open
dumping of General Construction and/or Demolition Debris was
observed.
Site sketch for: Oakley/Beck
Site #1158125019
-
Macon
County
Inspector(s): Michael Warnick
W
97
C
Inspection Date:
November 23,
2004
L
I
*
Drawing not
to scale
Arrows indicate direction/location of photographs
INSPECTION PHOTOS
DATE:
11/23/2004
SITE#:
1158125019
COUNTY:
Macon
TIME:
11:48am
PHOTOS TAKEN BY:
Michael
Wamick
COMMENTS: Photo
Taken Toward: West
PHOTO #:
01
DATE:
11/23/2004
TIME:
11:48am
PHOTOS TAKEN BY:
Michael Wamick
COMMENTS: Photo
Taken Toward: South
SITE NAME:
Oakley/Beck
PHOTO #:
02
