WAYNE COUNTY HEALTH DEPARTMENT
P.O. BOX 645, FAIRFIELD, ILLINOIS 62837
PH. 618 842-5166/FAX 618 842-3305
June 08, 2006
Julian Buchanan
Rt. #3, Box 400
Fairfield, Illinois 62837
Re:
LPC #1910405002– Wayne County
Arrington Twp./Buchanan, Julian
Compliance File
Dear Mr. Buchanan:
On May 16, 2006, an inspection of the above referenced site was conducted by Clark D. Griffith representing the
Illinois Environmental Protection Agency. The purpose of this inspection was to determine the site’s compliance
with the Illinois Environmental Protection Act and 35 Illinois Administrative Code.
For your information, a copy of the inspection report is enclosed.
Should you have any questions regarding this inspection, please contact Clark D. Griffith at 618 842-5166.
Sincerely,
Clark D. Griffith
Enclosure
bc:
Division File
Regional File
Wayne County States Attorney
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 22, 2006
* * * * * AC 2006-055 * * * * *
June 15, 2006
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Re:
Administrative Citation - (Julian Buchanan)
AC# 191-06-06
Site Code 1910405002
Inspection Date: May 16, 2006
Dear Clerk:
Enclosed for filing with the Board is the Administrative Citation packet issued against
Mr. Julian Buchanan.
The Respondent's mailing address is Rt. #3, Box 400, Fairfield, Illinois 62837. I will
send you the date, and proof of such, of service of the Citation on the Respondent. The site is
known as the Buchanan, Julian site.
Please acknowledge receipt and filing of the enclosed materials. Thank you.
Sincerely,
Kevin Kakac
Wayne County States Attorney
enclosures
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of Wayne,
)
)
Complaintant,
)
)
v.
) AC 191-06-06
)
Mr. Julian Buchanan,
)
)
Respondent.
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of Wayne.
Wayne County States Attorney
Kevin Kakac
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of Wayne,
)
)
Complainant,
)
)
v.
) AC 191-06-06
)
Mr. Julian Buchanan,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Julian Buchanan Rt. #3, Box 400, Fairfield, Illinois 62837
PLEASE TAKE NOTICE that I have filed with the Office of the Clerk of the Illinois
Pollution Control Board the Complaint for Administrative Citation, a copy of which is herewith
served upon you.
Kevin Kakac
June 15, 2006
Wayne County States Attorney
P.O. Box 641
Fairfield, Illinois 62837
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
County of Wayne,
)
)
Complainant,
)
)
v.
) AC 191-06-06
)
Mr. Julian Buchanan,
)
)
Respondent,
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq.
(1996), specifically 415 ILCS 5/31.1.
FACTS
1. The Respondent is the present occupant and in control and possession of a facility
located in the County of Wayne, State of Illinois.
2. The facility is an open dump, operating without an Illinois Environmental Protection
Agency Operating Permit, and designated with the Site Code # 1910405002. The facility is
known to the Agency as the Buchanan, Julian site.
3. The Respondent has occupied, controlled and/or operated the facility at all relevant
times hereto.
4. On May 16, 2006, Field Inspector, Clark D. Griffith, inspected the facility. A true and
correct copy of the inspection report, along with his affidavit, are attached and incorporated
herein by reference as Exhibit A.
VIOLATIONS
On the basis of Field Inspector, Clark D. Griffith’s, direct observation, he has determined
that the Respondent has caused or allowed open dumping at the above described facility in a
manner that resulted in the following violations:
That on May 16, 2006, an on-site inspection of the facility disclosed the following:
1.
The Respondent has caused or allowed littering at the facility in violation of
415 ILCS 5/21(p)(1).
CIVIL PENALTY
In accordance with 415 ILCS 5/42 (b)(4), the Respondent is subject to a civil penalty of
$1500.00 for each violation specified above in paragraph 1. This is a total of $1500.00 for this
Citation. Additionally, should the Respondent elect to petition the Illinois Pollution Control
Board under the review process described below, after an adjudicatory hearing, the Respondent
shall be assessed the hearing costs incurred by the Pollution Control Board. The hearing cost
would be in addition to the $1500.00 fine.
If you acknowledge the violations cited herein above, the civil penalty shall be due and
payable no later than August 17, 2006. If you do not petition the Pollution Control Board for
review of the Administrative Citation within 35 days of service of the Administrative Citation, or
contest the Citation, any judgment that may be rendered against you shall specify the due date of
the civil fine and any additional costs assessed against you.
When payment is made, your check should be made payable to the Wayne County's
Treasurer Office and mailed to the attention of Donna Vaughan, Wayne County Treasurer,
Fairfield, Illinois, 62837. Also, please complete and return the enclosed remittance form, along
with your payment, to assure proper credit.
If any civil penalty is not paid within the prescribed time, the law allows for the
accumulation and payment of interest on the remaining unpaid balance. If any civil penalty is
not paid when due, the Office of the State's Attorney shall be requested to initiate proceedings in
Circuit Court to collect the penalty. In addition to the civil penalty, hearing costs, and interest, if
any, the Wayne County State's Attorney may seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
You have the right to contest this Citation, pursuant to 415 ILCS 5/31.1. If you elect to
contest this Citation, you 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. A copy of the Petition for Review shall be filed with the Wayne County States Attorney.
Your Petition For Review must be filed within 35 days of the date of service of the present
citation on you. If you fail to file your Petition, a Default Order against you will entered by
the Pollution Control Board.
Your original Petition must be filed with the Clerk of the Board at:
Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
A copy must also be sent to:
Wayne County State's Attorney
P.O. Box 641
Fairfield, IL 62837
DATED:
, 2006
***********
Wayne County State's Attorney
REMITTANCE FORM
County of Wayne,
)
)
Complainant,
)
)
v.
) A.C. #191-06-06
)
Mr. Julian Buchanan,
)
)
Respondent.
)
FACILITY:
BUCHANAN, JULIAN SITE
COUNTY:
WAYNE
DATE OF INSPECTION:
MAY 16, 2006
SITE CODE:
1910405002
CIVIL PENALTY:
$1500.00
Date Remitted
SS/FEIN #
Signature
NOTE
Please include the information on the blank lines. Mail this form with your check to:
Wayne County Treasurers Office
Wayne County Courthouse
307 East Main St.
Fairfield, IL 62837
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of Wayne,
)
Complainant,
)
)
V.
)
AC#191-06-06
Mr. Julian Buchanan
Respondent.
)
AFFIDAVIT
Affiant, Clark Griffith, being first duly sworn, voluntarily deposes and states as follows:
1. Affiant is a field inspector employed by the Wayne County Health Department and has been so
employed at all times pertinent hereto.
2. On May 16, 2006, between 12:36 p.m. and 12:39 p.m., Affiant conducted an inspection of a
disposal site operated without an Agency permit, located in Wayne County, Illinois, and known as the
Buchanan, Julian Dumpsite by the County of Wayne. Said site has been assigned site code number
1910405002 by the county.
3. Affiant inspected said open dumpsite site by an on-site inspection which included
photographing the site.
4. As a result of the material actions referred to in paragraph 3 above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of Affiant's knowledge
and belief, is an accurate representation of Affiant's observations and factual conclusions with respect to
said Buchanan, Julian Dumpsite.
________________________________
Subscribed and Sworn to before me
this ____ day of __________, 2006.
___________________________________
Notary Public
PROOF OF SERVICE
I hereby certify that I did on the 15th day of June 2006, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post
Office Box a true and correct copy of the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Julian Buchanan
Rt. #3, Box 400
Fairfield, IL 62837
and the original and nine (9) true and correct copies of the same foregoing instruments on the
same date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
Kevin Kakac
Wayne County States Attorney
Wayne County States Attorney
P.O. Box 641
Fairfield, Illinois 62837
(618) 842-3433
WAYNE COUNTY
P.O. BOX 645, FAIRFIELD,
HEALTH
ILLINOI
DEPARTMENT
S 62837
PH. 618 842-5166
June 12, 2006
Wayne County Enforcement Decision Group
Meeting Minutes
Re:
Buchanan, Julian
DLPC #1910405002
Compliance File
A telephone conference with members of the Wayne County Enforcement Decision Group was
held on June 12, 2006. Topics of discussion involved the Buchanan, Julian site (DLPC
#1910405002) and service of Administrative Citation to Mr. Julian Buchanan for his failure to
comply with Violation Notice #L-2005-WY001 in a timely manner. Those contacted include the
following: Martha Heflin, Wayne County Health Department Administrator, Gary Steele, IEPA
representative and Kevin Kakac, Wayne County States Attorney. All members of the group
agree that service of citation is necessary. If you have questions regarding these meeting minutes
please contact me at the above phone listing.
Sincerely,
Clark D. Griffith
CC:
Kevin Kakac
Martha Heflin
Gary Steele
WAYNE COUNTY
P.O. BOX 645, FAIRFIELD,
HEALTH
ILLINOI
DEPARTMENT
S 62837
PH. 618 842-5166
June 12, 2006
Wayne County Enforcement Decision Group
Meeting Minutes
Re:
Buchanan, Julian
DLPC #1910405002
Compliance File
A telephone conference with members of the Wayne County Enforcement Decision Group was
held on June 12, 2006. Topics of discussion involved the Buchanan, Julian site (DLPC
#1910405002) and service of Administrative Citation to Mr. Julian Buchanan for his failure to
comply with Violation Notice #L-2005-WY001 in a timely manner. Those contacted include the
following: Martha Heflin, Wayne County Health Department Administrator, Gary Steele, IEPA
representative and Kevin Kakac, Wayne County States Attorney. All members of the group
agree that service of citation is necessary. If you have questions regarding these meeting minutes
please contact me at the above phone listing.
Sincerely,
Clark D. Griffith
CC:
Kevin Kakac
Martha Heflin
Gary Steele
Revised 06/18/2001
(Open Dump - 1)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Back to top
Open Dump Inspection Checklist
County:
WAYNE
LPC#:
1910405002
Region:
7 - Marion
Location/Site Name:
Arrington Twp./Buchanan, Julian
Date:
05/16/2006 Time: From 12:36 pm To 12:39 pm Previous Inspection Date: 01/03/2006
Inspector(s): Clark D. Griffith
Weather: 61° Fahrenhiet/Cloudy
No. of Photos Taken: # 03
Est. Amt. of Waste: 60
yds
3
Samples Taken: Yes #
No
Interviewed:
Mr. Julian Buchanan
Complaint #:
Responsible Party
Mailing Address(es)
and Phone
Number(s):
Julian Buchanan
Rt. #3, Box 400
Fairfield, Illinois 62837
618 839-3152
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
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 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
(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
Revised 06/18/2001
(Open Dump - 2)
LPC #
1910405002
Inspection Date:
05/16/2006
(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
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
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
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT
A WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF: (
) PCB; ( ) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
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.
DIGITAL INSPECTION PHOTOGRAPHS
1910405002~05162006.doc
DATE:
05/16/2006
TIME:
12:36 pm
PHOTO TAKEN BY:
Clark D. Griffith
COMMENTS: Pictures taken
toward:
Northwest
Photo File Name:
1910405002~05162006-001
DATE:
05/16/2006
TIME:
12:36 pm
PHOTO TAKEN BY:
Clark D. Griffith
COMMENTS: Pictures taken
toward:
Northwest
Photo File Name:
1910405002~05162006-002
SITE#: 1910405002
CO.:
Wayne
SITE NAME:
Buchanan, Julian
DIGITAL INSPECTION PHOTOGRAPHS
1910405002~05162006.doc
No Picture
DATE:
05/16/2006
TIME:
12:36 pm
PHOTO TAKEN BY:
Clark D. Griffith
COMMENTS: Pictures taken
toward:
West
Photo File Name:
1910405002~0516006-003
DATE:
TIME:
PHOTO TAKEN BY:
Clark D. Griffith
COMMENTS: Pictures taken
toward:
Photo File Name:
SITE#: 1910405002
CO.:
Wayne
SITE NAME:
Julian Buchanan
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
NARRATIVE INSPECTION REPORT DOCUMENT
Review Date:
05-16-06
Reviewer: Clark D. Griffith
Site Code:
#1910405002
County:
Wayne County
Site Name:
Buchanan, Julian
Time:
12:36 pm-12:39 pm
GENERAL REMARKS
On May 16, 2006 a follow-up inspection is conducted at the Buchanan, Julian Dumpsite (DLPC
#1910405002) located at the southwest quarter of Sims Crossroads(Rt. #15 and Arrington Twp.
road #900E) in Wayne County, Illinois. Inspection is conducted between 12:36 pm and 12:39
pm. Weather conditions at time of inspection are considered fair with an air temperature of 61°
Fahrenheit and cloudy skies overhead. Legal description of the location is as follows: Northwest
quarter of the northeast quarter, Section 09, T.2S.-R.5-6E. of the Arrington Twp. in Wayne
County, Illinois.(GPS Coord. N38.22.216º/W088.27869º)
Follow-up inspection reveals clean-up of scrap metal at the southwest corner of this property has
yet to occur.(see all available photographs)(see site sketch) Mr. Julian Buchanan has failed to
complete clean-up in a timely manner. File has been referred to the Wayne County Enforcement
Decision Group for their consideration.
The following condition(s), which would constitute a violation, were observed at time of
inspection:
Line #5 & #8
- To cause or allow open dumping (Section 21(a) of the Act) To cause or allow the
open dumping of any waste in a manner which results in litter.(Section 21(p)(1) of the Act)
Sctrap metal is allowed to accumulate at the southwest corner of the property. These observed
conditions represent an area where the open dumping of waste has occurred, thereby causing or
allowing litter.
Line #7
-To dispose, treat, store, or abandon any waste, or transport any waste into the state at/to
sites not meeting requirements of Act and Regulation.(Section 21(e) of the Act) The site in
question does not meet the requirements of the Act and Regulations necessary for the storage
and/or abandonment of any waste.
Line #6 and #10
- Conducting any waste-storage, waste-treatment, or waste-disposal operation
without a permit granted by the Agency.(Section 21(d)(1) of the Act) Conducting any waste-
storage, waste-treatment, or waste-disposal operation in violation of any Regulations or Standards
adopted by the Illinois Pollution Control Board.(Section 21(d)(2) of the Act) Causing or allowing
the development and/or operation of a solid waste management site without a permit issued by
the Agency.(Section 812.101(a) of the Regulations) There is no record that a permit has been
issued by the Agency to operate a waste disposal site at this location. This site is in violation of
Regulations or Standards adopted by the Illinois Pollution Control Board.
Inspection is completed on May 16, 2006 at 12:39 pm.
