LASALLE COUNTY
STATE’S ATTORNEY
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RECEIVED
CLERK’S OFFICE
JUL
252005
STATE OF ILLINOIS
Pollution Control Board
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COUNTY OF LASALLE
Complainant
V.
HARRiET
BAUGHER and JOHN BAUGHER
Respondent
)
)
)
)
)
)
)
)
)
ACNO.
O(F
O~?-
JIJIUSDIC11ON
This Administrative Citationis issued pursuant to authority vested in the
Illinois Environmental Protection
Agency by 415
ILCS 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.
ThatRespondent, Harriet Baugher and John Baugher, is the present owner and/or operator of property located in
Miller Township,
LaSalle County, Illinois.
2.
That said ilcility is an open dump, operating without an illinois Environmental Protection Agency Permit, and
designated with Site Code No. 0998205005.
Said facility is
commonly
known to the Agency as the Baugher
Property.
3.
That the Respondent has owned and/or operated
said facility since April, 2003.
4.
That on June 28,2
005, Christy Vargochik, Landfill Inspector, LaSalle County Department of
Environmental
Services and Development, under the authority ofthe Illinois Environmental Protection Agency,
inspected the abovedescribed facility.
A copyofthe inspection reports setting forth the results of such
inspections are attached hereto and made a part hereof.
JOSEPH
P. HETTEL
13th Judicial
Circuit
707
East Etna Road,
Room
251
Ottawa,
Illinois 61350
Phone (815) 434-8340
Fax (815) 434-8357
STATE OF ILLINOIS
Back to top
COUNTY OF LASALLE
ADMINISTRATIVE
CITATION
VIOLATIONS
5.
On the
basis of direct observations of Christy Vargochik
of the LaSalle County Department
-ofEnvironmental
Services and Development, it has been determined that the Respondents have caused or allowed open dumping at
the above described facility in a manner which results in the following occurrences:
That on June 28,
2005, an on-site
inspection of
said facility disclosed the following:
xx
Causing or allowing
litter —415 ILCS
5/21
(p) (1), (formerly Ill.
Rev. Stat.
1991,
ch.
111
‘/2,
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
¼,
par.
102 (p) (2) formerly
par.
1021
(q) (2)).
Causing or allowing open burning --415 ILCS
5/21
(p) (3), (formerly Ill. Rev. Stat.
1991, ch.
111
¼,
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), (fonnerly Ill. Rev. Stat.
1991,
ch.
111 ¼,
par.
1021 (p) (4)
formerly
par.
1021
(q) (4)).
Causing orallowing
proliferationofdisease vectors --415 ILCS
5/21
(p)
(5),
(formerly Ill. Rev.
Stat.
1991,ch. ill
‘/;par. 1021(p)(5)formerlypar.
1021 (q)(5)).
Causing or allowing the generation ofstanding or flowing liquid discharge from the open dump
site --415
ILCS
5/21
(p) (6), (formerly Ill. Rev.
Stat.
1991,
ch.
111 ½,
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. Ill
‘A, par.
1042 (b) (4), Respondent herein
is subject to a civil penalty of Fifteen Hundred Dollars ($1500.00) foreach 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 the review process described herein below, and if there is
a finding of
the violation alleged herein, afteran ad judicatory hearing, Respondent shall be assessed the associated hearing
costs incurred by the Illinois
Environmental Protection Agency and the Illinois
Pollution Control Board,
in
addition to the Fifteen Hundred Dollar ($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 than thirty-five (35) daysfrom the dateofservice hereof.
Ifyou do not petition the Illinois Pollution
Control Board ofreview ofthis Administrative Citation within thirty-five (35) days ofservice hereofor if you
elect to contest this Administrative Citation, any judgment rendered against you shall specify the due date of
the statutory civil penalty and any costs assessed against you.
8.
When payment
is made, your check should be made payable to the LASALLE
COUNTY
DEPARTMIENT
OF ENVIRONMENTAL SERVICES AND DEVELOPMENT and mailed to:
LaSalle County Department of Environmental Services and Development
119 West
Madison
Street
Room
400
Ottawa, Illinois
61350
Also, please complete and return the
enclosed 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 such penalty will be assessed for the period from the date payment is due until the date
payment is received.
Ifany
civil penalty,
by reason of acknowledgment, default or finding after the
adjudicatory hearing is not paid when due, the LaSalle County State’s Attorney may initiate proceedings in
Circuit Court to collect said civil penalty.
In addition to the previously assessed civil
penalty, interest and
hearing costs ofthe Illinois Pollution
Control Board, ifany, the State’s Attorney’s Office
will seek to recover
their costs of litigation.
PROCEDURE FOR CONTESTING ThIS
ADMINISTRATIVE CITATION
10. You have the right to contest this Administrative Citation.
415
ILCS
5/31.1,
formerly Ill. Rev. Stat.
1991,
Ch.
111
‘A,
par.
1031.1.
Ifyou elect to contestthis Administrative Citation, you
nMi~I
file a Petition for Review
with the Clerk ofthe Illinois Pollution Control Board.
Copies ofthe Petition forReview should also be filed
with:
Troy
D. Holland
LaSalle County Special Assistant State’s Attorney
707
Ems Road
Ottawa, Illinois
61350
LaSalle County Department of Environmental Services and Development
119 WestMadison Street
Room 400
Ottawa, Illinois
61350
Such Petition for Review
im~
be filed within thirty-five (35)days ofthe date ofservice ofthis Administrative
Citation, ora default judgment shall be entered
by the Pollution Control Board.
Petition for Review may be
filed with the:
Clerk ofthe Illinois Pollution
Control Board
James R.
Thompson Center
100 West Randolph, Suite
11-500
Chicago, IL
60601
Dated:
__________
Joseph P. Hettel
LaSalle County
State’s Attorney
By:
Special Assistant State’s Attorney
BaugherAC/5
BEFORE THE
-
ILLINOIS POLLUTION CONTROL BOARD
Fl E
C E IVED
CLERK’S
OFFICE
JUL
252005
COUNTY OF LASALLE
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant
)
)
v.
)
HARRIET
BAUGHER andJOHN
BAUGHER
)
AC NO.
L&P
)
Respondent(s)
)
REMITrANCE
FORM
FACILITY:
Harriet Baugber /John Baugher
Site Code:
0998205005
3451
E.
25th
Rd.
County:
LaSalle
Marseilles, IL
61341
Township:
Miller
CIVILPENALTY:
$1500.0 for each violation
Number ofViolation(s):
one
(1)
Total Remittance:
$1500.00
Date ofInspection:
June 28,
2005
DATE REMIUED:
____________________________________
SS/FEIN NUMBER
______________________________________
SIGNATURES
_______________________________________
NOTE
Please enterthe date ofyour remittance, your social securitynumber (SS) ifan individual or Federal Employer
IdentificationNumber (FEIN) if a corporation, and sign this Remittance Form.
Be sure your check 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
EaugheMC/6
INFORMATIONAL NOTICE!!!
IT IS IMPORTANT THAT YOU READ
THE
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 ATFORNEY OFFICE
ATTENTION:
TROY D.
HOLLAND
707 ETNA ROAD
OTTAWA, ILLINOIS
61350
LASALLE COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES AND
DEVELOPMENT
119 WEST MADISON STREET
ROOM 400
OTTAWA,
ILLINOIS
61350
Ifyou elect to contest the enclosed ADMINISTRATIVE
CITATION, you
must file a PETITIONTOR
REVIEW
within thirty-five (35) days ofthe date the
ADMINISTRATiVE CITATIONwassavedupoiiyou.
Any such PETITION FOR REVIEW must be filed with the CLERK OF THE
ILLINOIS POLLUTION
CONTROL
BOARD
by either hand-delivering or mailing the PETITION FOR REVIEW to the CLERK OF THE ILLINOIS
POLLUTION
CONTROL BOARD
at
the address given above.
A copy ofthe PETITION FOR REVIEW should be
either hand-delivered or mailed to the LASALLE COUNTY
STATE’S
ATTORNEY’S OFFICE, ATTENTION:
TROY D. HOLLAND
at the address given above.
Also, a copy ofthe PETITION FOR REVIEW
should be either
hand-delivered or mailed to the LASALLE COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES AND
LAND USE atthe address given above.
BaugherAC/6
STATE OF ILLINOIS
RECE
COUNTY OF LASALLE
CLERK’S OFFICE
COUNTY
OF LASALLE
)
JUL
252005
)
STATE OF ILLINOIS
Comp atnant
)
Pollution Control
Boara
v.
)
NI))—
HARRIET BAUGHER and JOHN BAUGHER
)
AC NO.
tAJ
)
Respondent(s)
)
AFFIDAViT
Affiant, Christy Vargochik, being first duly sworn, voluntarily deposes and states as follows:
1.
Afflant
is
a field inspector employed by the County ofLaSalle and has been so employed at all times pertinent
hereto.
2.
On June 28,
2005
between 6:25 a.m.
and 6:30 a.m., Affiant conducted inspections ofa disposal/storage site
operated without an Agency permit, located in LaSalle County, Illinois and known as
the Baugher
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
/ Baugher Property open dump site
by
an on-site inspection which
included driving and photographing the site.
4.
As a result ofthe material actions referred to in paragraph
3 above, Afflant completed the Inspection Report
Forms attached hereto and made a part hereof, which, to the bestofAffiant’s knowledge and belief,
is an accurate
representation ofAffiant’s observations and factual conclusions with respect
to
said Miller Township / Baugher
Property open dump.
isty L./argochik,
I~Salle
County
SubscrjL~d
and
Sworn to Before Me
this
____
dayof
________,A.D.2005.
No
Public
BaugherAC/7
~CFflCML
SEAL
°WE
ROeuiSow
NOTMy
~tetcStATE~
MY
ccsg~EJWPESflC
•
-
ILLINOIS .ENVIRONMENTALPROTECTION AGENCY
Open
Dump Inspection
Checklist
LPC#:
0998205005
Region:
1
-
Rockford
Harriet and
John Baugher Property
—
From
6:25a
To
6:30a
Previous Inspection
Date:
Weather
Sunny
—
750
Est.
Amt. of Waste:
200+
yds3
Samples Taken:
Yes #
Complaint #:
Co
03-012
Responsible
Party
Mailing Address(es)
and Phone Number(s):
SECTION_
DESCRIPTION
VIOL
~~irc~s!w:
1.
9(a)
CAUSE,
THREATEN OR ALLOW AIR
POLLUTION
IN ILLINOIS
0
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
0
3.
12(a)
CAUSE,
THREATEN
OR ALLOW WATER POLLUTION
IN ILLINOIS
0
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
0
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
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 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)
Utter
0
(2)
Scavenging
0
(3)
Open
Burning
0
(4)
Deposition_of Waste_in_Standing_or_Flowing_Waters
0
(5)
Proliferation of Disease Vectors
0
(6)
Standing or Flowing Liquid
Discharge from the Dump
Site
0
(7)
Deposition of General Construction or Demolition
Debris; or Clean
Construction or
Demolition Debris
County:
LaSalIe
Location/Site Name:
Miller Twp.
I
Date:
June 28,
2005
Time:
Inspector(s):
Christy Vargochik
No. of Photos Taken:
#
6
Interviewed:
Feb.
22,
2005
Harriet Baugher and John
Baugher
3451
E.
25th
Rd.
Marseilles, IL 61341
NoO
Pevi~ed
(1Q177/700fl
(flnen
fluimn
—
LPC #: 0998205005
Inspection Date:June 28, 2005
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping
of Any Used or Waste Tire
0
(2)
Cause or Allow Open Burning of Any
Used or Waste
Tire
U
35
IW~iOiS
ADMINISTRATIVE CODE
REQUIREMENTS
SUBTITLEG
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.
808.121
SPECIAL WASTE DETERMINATION
0
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER
WITHOUT AWASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
0
13.
809.302
a
REGISTRATION
AND PERMIT
AND!OR MANIFEST
~
APPARENT VIOLATION OF:
(
) PCB; (
) CIRCUIT COURT
o
14.
CASE NUMBER:
ORDER
ENTERED ON:
15.
OTHER:
0
0
0
0
0
0
Informational
Notes
1.
Illinois)
Environmental
Protection
Act: 415
ILCS 5/4.
2.
Illinois
Pollution Control Board:
35
III. Adm. Code, Subtitle
(3.
3.
Statutory and regulatory references herein are provided for convenience only and should s
.~~tcmstrued
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 Actshall
be enforceable either
by administrativecitation 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 Illinoisi
Environmental
Protection Act:
415 ILCS
5(4(0) and (d).
6.
Items marked with an “NE” were not evaluated at the time of this
inspection.
SThrtatureof
Inspector(s)
LaSalle County
Peviqed flQ/~/9flflfl
(flnpn fliin,n
-
NARRATIVE INSPECTION REPORT DOCUMENT
Date of Review:
June
28, 2005
Inspector(s):
Christy Vargochik
Site
Code:
0998205005
Time:
6:25
a.tn.
—
6:30 a.m.
GENERAL REMARKS
A solid
waste
landfill inspection was
performed on
June 28,
2005,
by
Christy Vargochik representing
the Lasalle County
Department
of Environmental Services
and
Development under the delegated
authority
of the-IllinoisEnvironmental
Protection
Agency atthe
property
of
Harriet
Baugher.
The
property
is located at 3451
E.
25th
Road, Section 8, Miller Township, Marseilles,
Illinois.
During
the
inspection
the following
was
noted:
causing or allowing open dwnping; disposing
and storing
of
waste
at a site
not meeting requirements of the
Act and
Regulations;
causing
or allowing the open
dumping in-a mannerwhicltisse&ulting in litter
at the dump site, causing or allowing the
open dumping
of
waste tire
and;
Ihilure
to submit an application for a
permit
to develop
and operate
a landfill.
Weather conditions
noted
on
arrival were sunny and approximately
75 degrees.
I
arrived
at the
site
at
6:25 a.m.
I conducted the
inspection from
the
road.
I
began
at the
south
endof the Baugher property,
and
could
see that
the yard to the south still
contained
several
cars (photo
987.57).
1
continued by driving to the north. I noticed afew
more vehicles
immediately southof the house (photo 987.58).
I went about
5
feet to the
north, and
photographed the limo parked
on the easement(photo 987.59).
1 noticed anothersilver
car parked about
5
feet
north ofthe limo (photo 987.60).
1 photographed
three more vehicles
in front of the
house, and noticed that two
of the vehicles are new to the
property
(photo 987.61).
1 went
another 20
feet
to the north, and photographed anothersilver car parkedon the easement,
and
partially
obscured
by vegetation
(photo 987.62).
This concluded the inspection,
and
I left the site at6:30 a.m.
EXPLANATION
OF PHOTOGRAPHS
987.57
Shows
several cars to the southof the house.
Photo taken ~cingwest.
987.58
Shows acouple more vehicles immediately
south ofthe house.
Photo taken facing west.
987.59
Shows a limo
parked
on the
easement.
Photo taken facing west.
987.60
Shows asilver car
parked about
5 feet north of the limo.
Photo taken facing west.
987.61
Shows
three vehicles
parked in
front
of the house.
Photo
taken
thcing west.
987.62
Shows
another silver car parked on the
easement and partially obscured by vegetation.
Photo taken facing west.
STATEOFIIJLThIOIS
ENVIRONMENTAL fltOTECflON AGENCY
Date ofInspection:
~?jo~
____
SfteCo&Q2i..8LJ15005
Site
Name:
tkX
PkO1’ElT/
SITE SKETCH
Inspector.
____
County:
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INSPECTION PHOTOS
DATE:
06/28/05
SITE#:
0
9
9
8
2
0
5
0
0
5
CO.:
LASALLE
TIME:
6:26 A.M.
SITE NAME:
Harriet
and
John Baugher Property
PHOTOGRAPH TAKEN BY:
Christy Vargochik
COMMENTS:
Picture taken
toward:
West
DISK#:
987
PHOTO#:
57
DATE:
06/28/05
TIME:
6:26 A.M.
PHOTOGRAPH TAKEN BY:
Christy Vargochik
COMMENTS:
Picture taken
toward:
West
DISK #:
987
PHOTO
#:
58
INSPECTION PHOTOS
DATE:
06/28/05
SITE#:
0
9
9
8
2
0
5
0
0
5
CO.:
LASALLE
TIME:
6:27 A.M.
SITE NAME:
Harriet and John Baugher Property
PHOTOGRAPH TAKEN BY:
Christy Vargochik
COMMENTS:
Picture taken
toward:
West
DISK#:
987
PHOTO#:
59
DATE:
06/28/05
TIME:
6:27 A.M.
PHOTOGRAPH TAKEN BY:
Christy
Vargochik
COMMENTS:
Picture taken
toward:
West
DISK #:
987
PHOTO #: 60
INSPECTION PHOTOS
DATE:
06/28/05
5ITE#:
0
9
9
8
2
0
5
0
0
5
CO.:
LASALLE
TIME:
6:28 A.M.
SITE NAME:
Harriet
and
John Baugher Property
PHOTOGRAPH
TAKEN
BY:
Christy Vargochik
COMMENTS:
Picture taken
toward:
West
r
-
~t~i4~
444
~.
~
DISK#
987
PHOTO#
61
DATE:
06/28/05
TIME:
6:28 A.M.
PHOTOGRAPH TAKEN BY:
Christy Vargochik
COMMENTS:
Picture taken
toward:
West
DISK #:
987
PHOTO #:
62
