LASALLE COUNTY STATE’S ATTORNEY
JOSEPH
P. HETTEL
RC~K~~
13th Judicial Circuit
MAY
232005
707 East Etna Road, Room
251
Ottawa, Illinois
61350
STATE OF
ILLII~IS
tofl Control ~oar
Phone
(815) 434-8340
rOn
Fax
(815) 434-8357
May 17, 2005
Ms. Dorothy M. Gunn, Clerk
Re:
0998205005
-
LaSalle County
Illinois Pollution Control Board
Miller Township / Baugher Property
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
Re:
ADMINISTRATIVE
CITATION
/
IEPA Case No.:
Site Code No.:
0998205005
Inspection Date:
02/22/05
Dear Ms. Gunn:
Enclosed for filing with theBoard is theAdministrative
Citation package issued to the above-captioned facility.
I
am forwarding one complete copy, which includes the following:
1.
The Administrative Citation
2.
Documented discussions with various individuals regardingthis site.
3.
The Field Inspector’s Affidavit
4.
A Remittance Form
I am also enclosingten (10) additional copies ofthe Administrative
Citation, documented discussions and
Inspector’s Affidavit.
Please file stamp a copy and return itto our office.
Aself-addressed stamped envelope is enclosed
foryour convenience.
For yourrecords, the Citation package was delivered via Sheriff’s Deputy to John Baugher and HarrietBaugher
on April 27, 2005.
The Administrative Citationwas served afterthe attempt to deliver the notice via certified mail failed
twice.
I have also sent along with this package a copy ofthe document from the LaSalle County Sheriff’s Department
that records the delivery ofthis Administrative Citation so yourfiles will reflect the thirty-five
(35)
days after which the
Board can enterthe requiredDefault Order ifa Petition for Reviewhas not been filed.
IftheRespondent pays the civil
penalty without filing a Petition forReview, I will so notiI~’
your office.
IPCB
Page 2
Respondents were served at:
Harriet Baugher and John Baugher
3451
E.
25th
Rd.
Marseilles, IL
61341
Thank you foryour assistance and kind attention to this matter.
Ifthere are further documents or materials that
you should require, please let me know.
Sincerely,
Enclosures
LaSalle County Sheriff’s Department document ofreceipt
Special Assistant State’s Attorney
BaugherAC/2
Name of Defenda,n Z3~P~~
,~2
Name of Person
“~‘~‘
~
~
Date ofMaiffng
~:~‘
1;
.:~•/
.:~•‘;./
LASALLE COUNTY STATE’S ATTORNEY
JOSEPH P. HETTEL
13th Judicial Circuit
707 East Etna Road, Room
251
MAY 23
2005
Ottawa,
Illinois 61350
STATE OF
ILLINOIS
Phone
(815) 434-8340
Pollution Control
Board
Fax
(815)
434-8357
STATE OF ILLINOIS
COUNTY OF LASALLE
ADMINISTRATIVE CITATION
COUNTY OF LASALLE
)
)
Complainant
)
)
v.
)
HARRIET BAUGHER and JOHN BAUGHER
)
AC NO.
“~
Respondent
)
.
.
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in theIllinois Environmental Protection Agency by 415
1LCS
5/31.1,
formerly Ill. Rev. Stat. 1991,’Ch.
111
‘/~,
par.
1031.1, and delegated to the County ofLaSalle pursuant to 415
ILCS
5/4
(r), formerly Ill. Rev. Stat., Ch.
111
V2,
par.
1004 (r).
FACTS
1.
That
Respondent, Harriet Baugherand JohnBaugher, is the present owner and/or operator ofproperty located in
Miller Township, LaSalle..County,.Illinois.
2.
That said facility is an open dump, operating without an Illinois Environmental Protection Agency Permit, and
designated with Site Code No. 0998205005.
Said facility is commonly knownto the Agency as the Baugher
Property.
3.
That the Respondenthas owned and/or operated said facility since April, 2003.
4.
That on February 22, 2005, Christy Vargochik, Landfill Inspector, LaSalle County Department of
Environmental Services and Development, under the authority ofthe Illinois Environmental Protection Agency,
inspected the above described facility.
A copy ofthe inspection reports setting forth the results of such
inspections are attached hereto and made a part hereof.
VIOLATIONS
5.
On the basis ofdirect observations of Christy Vargochik ofthe LaSalle County DepartmentofEnvironmental
Services and Development, ithas been determined that the Respondents have caused orallowed open dumping at
the above described facility in a mannerwhich results in the following occurrences:
That on February 22, 2005, an on-site inspection ofsaid facility disclosed the following:
xx
Causing or allowing litter
--415
ILCS
5/21 (p) (1), (formerly Ill. Rev. Stat.
1991,
ch.
111
V2,
par.
1021 (p)(1)formerlypar.
1021 (q)(l)).
________________Causing or allowing scavenging operations —415
ILCS 5/21(p) (2), (formerly Ill. Rev. Stat.
1991,
ch.
111
1/2,
par. 102 (p) (2) formerly
par.
1021(q) (2)).
_______________Causing or allowing open burning-- 415
ILCS
5/21
(p) (3), (formerlyIll. Rev. Stat.
1991, ch. 111
V2.
par. 1021(p) (3) formerly
par.
1021 (q) (3)).
_______________Causing or allowing the deposition ofwaste in standingor flowing waters
—
415 ILCS
5/21
(p)
(4), (formerlyIll. Rev. Stat.
1991,
ch.
111
‘/2,
par. 102! (p) (4) formerly
par. 1021(q) (4)).
________________Causing or allowing proliferation ofdisease vectors
—
415 ILCS
5/21(p) (5),
(formerly Ill. Rev.
Stat.
1991, ch.
111
‘/2,
par.
1021(p)
(5)
formerly
par.
1021 (q) (5)).
_______________Causing or allowing the generation ofstanding orflowing liquid discharge from the open dump
site
—
415 ILCS
5/21 (p) (6), (formerly Ill. Rev. Stat.
1991, ch.
111
‘/2,
par.
1021(p)(6) formerly
par.
1021
(q)(6)).
CIVIL PENALTY
6.
Pursuant to 415
ILCS
5/42
(b) (4), formerly Ill. Rev. Stat.
1991, ch.
111
‘A, par.
1042 (b) (4), Respondentherein
is subjectto a civil penalty ofFifteen Hundred Dollars
($1500.00)
for each violation specified above in Paragraph
5(b)
for a total ofFifteen Hundred Dollars
($1500.00).
Additionally, should Respondent elect to petition the
Illinois Pollution Control Board under thereview process describedherein below, and ifthere is a fmding of
the violation alleged herein, after an adjudicatory hearing, Respondent shall be assessed the associated hearing
costs incurred by theIllinois Environmental Protection Agency and theIllinois Pollution Control Board, in
addition to the Fifteen HundredDollar ($1500.00) statutory penalty for each finding ofviolation.
7.
Ifyou acknowledge the violations cited herein above, the civil penalty specified above shall be due and payable
no later thanthirty-five
(35)
days from the date ofservicehereof.
Ifyou do not petition the Illinois Pollution
Control Board ofreview ofthis Administrative Citation within thirty-five
(35)
days
ofservice hereofor ifyou
elect to contestthis Administrative Citation, anyjudgment rendered against you shall specif~’
the due date of
the statutory civil penalty and any costs assessedagainst you.
8.
When payment is made, your check should be made payable to the LASALLE
COUNTY
DEPARTMENT
OF
ENVIRONMENTAL SERVICES AND DEVELOPMENT and mailed to:
LaSalle County Department ofEnvironmental Services and Development
119 West Madison Street
Room 400
Ottawa,Illinois
61350
Also, please complete and return theenclosed Remittance Form, along with your payment, to assure proper
documentation ofpayment.
9.
Ifany civil penalty imposed by the Illinois Pollution Control Board is not paid within the time prescribed in the
order, interest from suchpenalty will be assessed for the period from the date payment is due until the date
payment is received.
Ifany civil penalty,
by reason ofacknowledgment, default or finding after the
adjudicatory hearing is not paid whendue, the LaSalle County State’s Attorney may initiate proceedings in
Circuit Court to collect said civil penalty.
In addition to thepreviously assessed civil penalty, interest and
hearing costs ofthe Illinois Pollution Control Board, if any, the State’s Attorney’s Office will seek to recover
their costs oflitigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
10. You havethe rightto contestthis Administrative Citation.
Seern.
415
ILCS 5/31.1, formerly Ill. Rev. Stat. 1991,
Ch.
111
‘/2,
par. 1031.1.
Ifyou elect to contest this Administrative
Citation, you
~
file a Petition for Review
with the Clerkofthe Illinois Pollution Control Board.
Copies ofthe Petition for Review should also be filed
with:
Troy D. Holland
LaSalle County Special Assistant State’s Attorney
707 Etna Road
Ottawa, Illinois
61350
LaSalle County Department ofEnvironmental Services and Development
119 West Madison
Street
Room 400
Ottawa, Ilinois
61350
Such Petition forReview
rni~
be filedwithin thirty-five
(35)
daysofthedate ofservice ofthis Administrative
Citation, ora default judgment shall be entered by thePollution Control Board.
Petition forReview may be
filed with the:
Clerkofthe Illinois
Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
Dated:
__________
Joseph P. Hettel
LaSalleCounty State’s Attorney
By:
Troy D. Holland
Special Assistant State’s Attorney
BaugherAC/5
BEFORE TIlE
R E
C
E ~
V
El)
CLERK’S OFFICE
ILLINOIS POLLUTION CONTROL
BOARD
MAY 23
2005
STATE OF
ILLINOIS
COUNTY OF LASALLE
)
Pollution Control
Board
)
Complainant
)
)
v.
)
i~cJ73
HARRIET BAUGHERand JOHN BAUGHER
)
AC NO.
V
“
)
Respondent(s)
)
REMITTANCE FORM
FACILITY:
Harriet Baugher/John Baugher
Site Code:
0998205005
3451
E. 25~
Rd.
County:
LaSalle
Marseilles, IL
61341
Township:
Miller
CIVIL PENALTY:
$1500.0 for eachviolation
Number ofViolation(s):
one
(1)
Total Remittance:
$1500.00
Date ofInspection:
February 22,
2005
DATEREMITTED:
__________________________________
SS/FEIN NUMBER
____________________________________
SIGNATURES
____________________________________
NOTE
Please enter the date ofyourremittance, your social security number (SS) if an individual or Federal Employer
IdentificationNumber (FEIN) if a corporation, and sign this Remittance Form.
Be sure yourcheck is enclosed, and mail,
along with Remittance Form to:
LaSalle
County Department
ofEnvironmental Services and Development
119 West Madison Street, Room 400
Ottawa, IL
61350
Baugher4C/6
INFORMATIONAL NOTICE!!!
IT IS IMPORTANT THAT YOU READ
TUE
ENCLOSED DOCUMENTS
NOTE:
This Administrative Citation Refers to One State Agency and Two County Entities
The One State Agency Is:
ILLINOIS POLLUTION CONTROL BOARD
JAMES R.
THOMPSON CENTER
100 WEST RANDOLPH STREET,
SUITE 11-500
CHICAGO, ILLINOIS
60601
The Two County Entities Are:
LASALLE COUNTY STATE’S ATTORNEY OFFICE
ATTENTION:
TR.OY D. HOLLAND
707 ETNA ROAD
OTTAWA, ILLINOIS
61350
LASALLE COUNTY DEPARThIENT OF ENVIRONMENTAL SERVICES AND
DEVELOPMENT
119 WESTMADISON STREET
ROOM 400
OTTAWA, ILLINOIS
61350
Ifyou electto contest the enclosed ADMINISTRATIVE CITATION, you must file a PETITION FOR
REVIEW within thirty-five (35) days ofthe date the ADMINISTRATiVE CITATION was served upon you.
Any such PETITION FOR REVIEW must be filed with the CLERK OF THE ILLINOIS POLLUTION CONTROL
BOARD by either hand-delivering or mailing the PETITIONFOR REVIEW to the CLERK OF TILE ILLINOIS
POLLUTION CONTROL BOARD at theaddress given above.
Acopy ofthe PETITION FOR REVIEW should be
either hand-delivered or mailed to theLASALLE COUNTY STATE’S
ATTORNEY’S OFFICE, ATTENTION:
TROY D. HOLLAND atthe address given above.
Also, a copy ofthe PETITIONFOR REVIEW should be either
hand-delivered or mailed to the LASALLE COUNTYDEPARTMENT OF ENVIRONMENTAL SERVICES AND
LAND USE at the address given above.
BaugherACl6
STATE OF ILLINOIS
COUNTY OF LASALLE
MAY
23
2005
COUNTY OF LASALLE
STATE OF ILLINOIS
)
Pollution Control Board
Complainant
)
)
v.
)
HARRIET BAUGHERand JOHN BAUGHER
)
AC NO.
“—~
)
Respondent(s)
)
AFFIDAVIT
Affiant, Christy Vargochik, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a field inspectoremployed
by the County ofLaSalle and has been so employed at all times pertinent
hereto.
2.
OnFebruary 22, 2005 between
1:55
p.m. and 2:05 p.m.,
Affiant conducted inspections ofa disposal/storage site
operated without an Agency permit, located in LaSalle County, Illinois and known asthe l3augher Property by the
Illinois Environmental Protection Agency.
Said site has been assigned site code number 0998205005 by the
Agency.
3.
Affiant inspected the said Miller Township / BaugherProperty open dump site by an on-site inspection which
included driving and photographing the site.
4.
As a result ofthe material actions referredto in paragraph 3 above, Affiant completedthe InspectionReport
Forms attached hereto and made a part hereof, which, to the best ofAffiant’s knowledge and belief, is an accurate
representationofAffiant’s observations and factual conclusions with respeetto said Miller Township
I
Baugher
Property open dump.
(~
V~qA9(~J(Lfr~
C
sty L. “~rgochik,
I4alle County
Subscribed and Sworn to Before Me
this_k~~day
of
(Yi~c4-.~
~,
A.D. 2005
Notary Public
~
CHANOA 1MAR11
NOTh.RYPIJBLJC
.STA~
OF ILLINOIS
MY COMMISSION E~lRES:O9Q8iW
BaugherAC/7
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
LaSalle
LPC#:
0998205005
Region:
I
-
Rockford
Location/Site Name:
Miller Twp.
/
Harriet Baugher Property
Date:
Feb. 22, 2005
Time:
From
I:55p
To
2:05p
Previous Inspection Date:
Sept.
17, 2004
Inspector(s):
Christy Vargochik
Weather:
Sunny
—
36°
No. of Photos Taken:
#
2
Est. Amt. of Waste:
200+
yds3
Samples Taken:
Yes#
No
~
Interviewed:
Harriet Baugher
Complaint #:
Co 03-012
Responsible Party
Mailing Address(es)
and Phone Number(s):
SECTION
9(a)
DESCRIPTION
CAUSE,
THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4.
12(d)
CREATE AWATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
CONDUCTANYWASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
6.
21(d)
OPERATION:
VIOL
(I)
Without a
Permit
0
(2)
In Violation of Any Regulations or Standards Adopted by the Board
0
7.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE ATITO SITES NOT MEETING REOUIREMENTS OF ACT
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
8.
21(p)
IN ANY OF THE FOLLOWING OCCURRENCES ATTHE DUMP SITE:
_______
(I)
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
Deposition of General Construction or Demolition Debris; or Clean Construction or
________
(7)
Demolition Debris
Harriet Baug her
3451
E.
25th
Rd.
Marseilles,
IL
61341
P
pv~c~pd
flQI’fl/Xl(lO
(flno~n
flnmi~
-
LPC
#:
0998205005
Inspection Date: February 22, 2005
F
~.
55(a)
NO PERSON SHALL:
(1)
Cause
orAllow Open
Dumping of
Any Used or Waste
Tire
.
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
0
12.
808.1 21
SPECIAL WASTE DETERMINATION
0
.
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER
WITHOUT A WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND PERMIT AND1OR MANIFEST
0
14.
APPARENT VIOLATION OF:
(
)
PCB;
(
)
CIRCUIT COURT
CASE NUMBER:
ORDERENTERED ON:
0
15.
OTHER:
0
0
0
0
0
0
Informational Notes
fr~)A)I1I1Lk
LaSalle
County
$jgnature of 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 Agencys 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.
P
AVi
‘~Pd
()Q/77f~flflfl
(flnpn
fliinin
-
NARRATIVE INSPECTION REPORT DOCUMENT
Date
ofReview:
February
22, 2005
Inspector(s):
Christy
Vargochik
Site Code:
0998205005
Time:
1:55
p.m.
—2:05
p.m.
GENERAL REMARKS
A solid waste
landfill inspection
was performed
on
February22,
2005,
by
Christy
Vargochik representing the
LaSalle
County
Department ofEnvironmental Services and
Development
under
the delegated authority ofthe Illinois Environmental Protection
Agency at the property of
Harriet
Baugher.
The property
is located at 3451
E. 25’s Road, Section 8, Miller Township,
Marseilles,
Illinois.
During the inspection the following
was
noted:
causing orallowing open dumping;
disposing
and storing ofwaste at a site
not meeting requirements ofthe
Actand Regulations; causing or allowing the open dumping inamanner which is resulting in
litter
at the
dump site, causing
orallowing the open dumpingof
waste
tire and; failure to
submit
an application fora permitto develop
and operate alandfill.
Weather
conditions
noted on arrival were sunny and approximately 36
degrees.
I arrivedat
the site
at 1:55
p.m.
I conducted the inspection from the road.
Ibegan
atthe south end ofthe J3augher property, and
could see that the yard
to the south still contained several
cars
(photo
972.42).
1 continued by
driving
to the
north.
I noticed three.
vehicles parkednearthe road in front ofthe house (photo 972.43).
Icontinued to the
north, and saw
that Mrs. Baugher
was out walking.
I pulled up nextto her
in the
truck,
andwe discussed the
property.
She told me that one ofthe cars
near the house was hers and she would
like
to get rid of it.
I advised her to contact
someone like Area Wide Towing,that theycould come forthe
vehicle.
I went on to
inform Mrs.
Baugher that her son John needed
to get rid of all the
junk on her
property.
She agreed
andsaid that she can’t get John to do
anything.
I also informed her that I was
going to be sending her anotherAdministrative Citation Notice and that a fine would most likelybe
incurred.
She told me to send
it to John, because the stuffbelonged to him.
I told her that since she owned the property,
the Administrative Citation would go to
her.
She insisted that the junk
belonged to her son, and to do
whateverI had to.
This
concluded the inspection, and I left the site at
2:05
p.m.
EXPLANATION
OF
PHOTOGRAPHS
972.42
Shows
several
vehicles. Photo
taken facing west.
972.43
Shows a few more vehicles.
Photo taken facingwest.
STATE OF JLLJINOIS
ENVIRONMENTAL
PROTECTION AGENCY
SITE SKETCH
Date of
Inspection:
.
~L2~
Zoo
~
Inspector:
.i1’~4
~i?.i._______
Site
Code:
~
.Q
5.
~.
.Q.
~
County:
LA SA
LU~
Site
Name:
~/J
f~
Hc1~
~aOI~E~JY
Time:
i:
5~p~m~—
J:~~5&Y~.
t’~or
~
Trl~
~V~VC’
m\V~~)
-~
TI~
Ic?
on
£II~
-~-~
IkU
4~4
I
Liii
117LJ
Un
~HtCiX
INSPECTION PHOTOS
DATE:
02/22/05
SITE#:
0
9
9
8
2
0
5
0
0
5
CO.:
LASALLE
TIME:
1:55
P.M.
SITE NAME:
Harriet and
John Baugher Property
PHOTOGRAPH TAKEN BY:
Chirsty Vargochik
COMMENTS:
Picture taken
toward:
West
DISK#: 972
PHOTO#: 42
DATE:
02/22/05
TIME:
1:55P.M.
PHOTOGRAPH TAKEN BY:
Christy Vargochik
~~~~~~~~~
Picture taken
toward:
West
DISK #:
972
PHOTO #:
43
