ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021 NORTH
GRAND AVENUE
EAST, P.O.
Box
19276,
SPRINGFIELD, ILLINOIS
62794-9276
— (
217)
782-2829
JAMES
R.
THOMPSON
CENTER, 100
WEST RANDOLPH,
SUITE 11-300,
CHIcAGO,
IL
60601 -
(312) 814-6026
ROD R. BLAG0JEvIcH,
GOVERNOR
DOUGLAS
P. Scorr,
DIRECTOR
OCT
21
2OO
TDD:(217)
782-9817
(217)
782-9143
IIUfl
STAi-
OFILLIN
Contrj
Bod
,
October 15,
2008
I.
John
Therriault,
Clerk
Illinois
Pollution
Control
Board
James
R. Thompson
Center
100 West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
Re:
Illinois
Environmental
Protection
Agency
v. Donald
G.
Wilkey
1EPA File
No.
294-08-AC:
0810055008—Jefferson
County
Dear
Mr.
Therriault:
Enclosed
for
filing
with the
Illinois Pollution
Control
Board,
please
find the original
and
nine
true
and correct
copies
of the
Administrative
Citation
Package,
consisting
of the
Administrative
Citation, the
inspector’s
Affidavit,
and the
inspector’s
Illinois Environmental
Protection
Agency
Open
Dump
Inspection
Checklist,
issued
to the
above-referenced
respondent(s).
On this
date, a copy
of the Administrative
Citation
Package
was sent
to
the Respondent(s)
via
Certified
Mail. As
soon
as I receive
the
return
receipt,
I will promptly
file
a copy with
you,
so
that the Illinois
Pollution
Control Board
may
calculate
the thirty-five
(35) day
appeal
period
for
purposes
of
entering a
default
judgment
in the
event
the Respondent(s)
fails
or
elects not
to
file
a
petition
for review
contesting
the Administrative
Citation.
If you have
any
questions
or concerns,
please
do not
hesitate to
contact me
at the number
above.
Thank you
for
your
cooperation.
Si cerely,.....
Michel
e M. Ryan
Assistant
Counsel
Enclosures
ROcKF0RD —4302
North
Main Street,
Rockford,
IL 61103
- (815)
987-7760
DES
PLAINES
— 9511 W. Harrison
St., Des Plaines,
IL 60016
—(847) 294-4000
ELGIN
—595
South State,
Elgin,
IL 60123
—(847) 608-3131
.
PEORIA
— 5415
N.
University
St.,
Peoria, IL 61614
—(309)
693-5463
BUREAU OF LAND.
PEORIA - 7620
N.
University St.,
Peoria,
IL 61614
—(309)
693-5462
.
CHAMPAIGN
-2125
South
First Street, Champaign,
IL 61820
-(217)
278-5800
C0LLINSvILLE —2009
MalI Street,
Collinsville,
IL 62234—
(618)
346-5120
.
MARION
— 2309W.
Main
St.,
Suite
116,
Marion,
IL
62959
— (618)
993-7200
PRINTED
ON RECYCLED
PAPER
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
V.
DONALD
G.
WILKEY,
Respondent.
)
)
)
)
)
)
)
)
)
)
CLERK’S
OFFICE
OCT
2D
2008
1
POIIUIIOi
STATE
OF
Control
ILLINOIS
Board
AC
(J
(IEPA No. 294-08-AC)
To:
Donald
G.
Wilkey
101
N. Forest Street
Belle Rive,
IL 62810
NOTICE OF FILING
PLEASE
TAKE NOTICE
that on this date
I mailed
for
filing with the Clerk
of the Pollution
Control Board
of the State of Illinois
the following
instrument(s)
entitled ADMINISTRATIVE
CITATION,
AFFIDAVIT,
and
OPEN DUMP
INSPECTION CHECKLIST.
Illinois
Environmental
Protection
Agency
1021
North Grand Avenue
East
P.O. Box
19276
Springfield,
Illinois
62794-9276
(217) 782-5544
Dated: October
15,
2008
ADMINISTRATIVE
CITATION
Michelle
M. Ryan
Assistant Counsel
THIS FILING
SUBMITTED ON RECYCLED
PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
c<11VEb
ADMINISTRATIVE
CITATION
0
ICE
OCT
2U
2008
ILLINOIS
ENVIRONMENTAL
)
STATEOFILLINO
PROTECTION AGENCY
)
,Put,on
Controj
so
Complainant,
)
AC
£/
AiiI
‘
(IEPA
No. 294-08-AC)
DONALD
G.WILKEY,
)
Respondent.
JURISDICTION
This
Administrative
Citation
is issued
pursuant
to the
authority
vested
in the
Illinois
Environmental
ProtectionAgencybySection
31.1
of
the Illinois
Environmental
ProtectionAct,415
ILCS 5/31.1
(2006).
FACTS
1.
That
Donald
G.
Wilkey
is the
current
owner
(‘Respondent”)
of
a
facility
located
at
775
N
2200
E Road,
Belle
Rive,
Jefferson
County,
Illinois.
The
property
is
commonly
known
to
the
Illinois
Environmental
Protection
Agency
as
Belle
Rive/Wilkey,
Donald
G.
2.
That
said
facility
is
an open
dump
operating
without
an Illinois
Environmental
Protection
Agency
Operating
Permit
and
is designated
with
Site Code
No.
0810055008.
3.
That
Respondent has owned
said
facility
at all
times pertinent
hereto.
4.
That
on September
10,
2008,
Garrison
Gross
of the
Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Marion
Regional
Office
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.
5.
Thaton
/p,i.
O?
,lllinois
EPAsentthisAdministrative
Citationvia
Certified
Mail
No.
7oo7 62-7-0
0000
0, S—
SOc?(
VIOLATIONS
Based
upon direct observations
made
by
Garrison
Gross
during the
course of his
September
10, 2008 inspection
of the above-named
facility, the
Illinois Environmental
Protection
Agency
has
determined
that Respondent
has violated
the Illinois Environmental
Protection
Act
(hereinafter,
the
“Act”) as
follows:
(1)
That
Respondent
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
51
21(p)(1)
(2006).
(2)
That Respondent
caused
or allowed the open
dumping of
waste in
a manner
iesulting
in
open burning,
a
violation
of Section 21(p)(3)
of the Act,
415
ILCS
5/21 )(3)(2006).
(3)
That
Respondent
caused
or allowed the open
dumping
of
waste in
a manner
resulting
in
Deposition
of
General
Construction or Demolition
Debris:
or
Clean
Construction
or Demolition Debris
a violation
of Section
21(p)(7) of the
Act,
415
ILCS
5/21(p)(7) (2006).
2
CIVIL
PENALTY
Pursuant
to Section 42(b)(4-5)
of the Act, 415
ILCS 5/42(b)(4-5)
(2006),
Respondent
is
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 Four Thousand
Five Hundred
Dollars
($4,500.00).
If
Respondent
elects
not to
petition the Illinois
Pollution Control
Board,
the
statutory
civil
penalty
specified
above
shall be due and
payable no
later than
November
30,
2008,
unless
otherwise
provided
by
order of the
Illinois Pollution
Control
Board.
If Respondent
elects to contest this
Administrative
Citation
by petitioning
the Illinois
Pollution
Control
Board
in accordance with
Section
31.1
of the Act, 415
ILCS 5/31 .1(2006),
and if the
Illinois
Pollution
Control
Board issues
a
finding
of violation as
alleged
herein,
after an adjudicatory
hearing,
Respondent
shall be assessed
the
associated
hearing costs
incurred
by the
Illinois
Environmental
Protection Agency 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)
(2006),
if
Respondentfails
to petition or elects not
to petition
the
Illinois Pollution Control
Board for
review
of this
Administrative
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,
Respondent’s
check
shall
be made
payable to the
Illinois
Environmental Protection
Trust
Fund
and mailed to the
attention
of Fiscal
Services,
Illinois
Environmental
Protection
Agency,
1021
North
Grand
Avenue
East,
P.O.
Box 19276,
Springfield,
Illinois 62794-9276.
Along
with payment,
Respondent
shall complete
and return the
enclosed
Remittance
Form to ensure proper
documentation
of payment.
3
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
Respondent
from the
date payment is
due up to and including
the
date
that
payment
is
received.
The Office
of the Illinois Attorney
General
may be requested
to initiate
proceedings
against
Respondent in
Circuit Court to
collect
said penalty
and/or hearing
costs, plus
any
interest
accrued.
4
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondent
has the
right to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance
with
Section 31.1
of the Act,
415 ILCS
5/31/1 (2006).
If Respondent
elects
to
contest
this Administrative
Citation,
then
Respondent
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, Stateof
IllinoisCenter,
100
WestRandolph,
Suite 11-500,
Chicago,
Illinois
60601.
A copy
of said Petition
for
Review shall
be filed with
the Illinois
Environmental
Protection
Agency’s
Division
of
Legal Counsel
at 1021
North Grand
Avenue
East, P.O.
Box 19276,
Springfield,
Illinois
62794-9276.
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 Respondent.
1?
Date:
Dougla
. Scott,
Director
Illinois
Environmental
Protection
Agency
Prepared
by:
Susan E.
Konzelmann,
Legal
Assistant
Division of
Legal Counsel
Illinois
Environmental
Protection
Agency
1021
North Grand
Avenue
East
P.O. Box
19276
Springfield,
Illinois 62794-9276
(217) 782-5544
5
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
19
°“
2o
2008
V.
)
(IEPA
No.
29408.ACr0I1UIOfl
Con01S
DONALD
G.WILKEY,
)
Respondent.
FACILITY:
Belle
RivelWilkey,
Donald
G.
SITE
CODE NO.:
0810055008
COUNTY:
Jefferson
CIVIL PENALTY:
$4,500.00
DATE
OF INSPECTION:
September
10, 2008
DATE
REMITTED:
SS/FEIN
NUMBER:
SIGNATURE:
NOTE
Please
enter the
date
of
your
remittance,
your
Social
Security
number
(SS) if an
individual
or
Federal Employer
Identification
Number (FEIN)
if
a corporation,
and
sign
this Remittance
Form.
Be
sure
your check
is enclosed
and
mail, along
with
Remittance
Form, to Illinois
Environmental
Protection
Agency,
Attn.: Fiscal
Services,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276.
6
BEFORE
THE ILIJNOIS
POLLUTION
CONTROL
OCT
20
2008
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
)
STATE
OF
WNOJS
)
Pollution
Contro!
Board
Complainant,
)
)
)
IEPA
DOCKET
NO.
vs.
)
)
Donald
G.
Wilkey
)
)
)
Respondent.
)
AFFIDAVIT
Affiant,
Garrison
Gross,
being
first duly
sworn,
voluntarily
deposes
and
states
as
follows:
1. Affiant
is
a field
inspector
employed
by
the
Land
Pollution
Control
Division
of
the
Illinois
Environmental
Protection
Agency
and
has
been
so
employed
at all
times
pertinent
hereto.
2.
On
September
10,
2008,
between
10:35
AM
and
10:40
AM,
Affiant
conducted
an
inspection
of a
disposal
site
operated
by Donald
G.
Wilkey
located
in Jefferson
County,
Illinois,
and
known
as
Belle
Rive
/ Wilkey,
Donald
G. by
the Illinois
Environmental
Protection
Agency.
Said
site
has been
assigned
site code
number
0810055008
by the
Agency.
3.
Affiant
inspected
said
Belle
Rive
/ Wilkey,
Donald
G.
site by
an on-site
inspection
which
included
walking
and photographing
the site.
4. As
a
result
of
the material
actions
referred
to
in
paragraph
3
above,
Affi
ant completed
the
Inspection
Report
form
attached
hereto
and
made
a part hereof
which,
to the best
of Affiant’s
knowledge
and belief,
is an accurate
representation
of Affiant’
s
observations
and
factual
conclusions
with
respect
to said
Belle
Rive
I Wilkey,
Donald
G.
Subscribed
and
Sworn
to
before
me
this/4’
day
ofj
4
I%Lj
j
Notary
Public
OFFICIAL
SEAL
RONALD
E
1OA$E
GRG
Notary
Pubflc,
State
of
Illinois
My
Comm
iSsion
Ex
res
2/21/10
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Open
Dump Inspection
Chepklist
LPC#:
0810055008
Belle
Rive
/
Wilkey,
Donald G.
Donald G. Wilkey
101 N. Forest
Street
Belle
Rive, Illinois
62810
County:
Jefferson
Location/Site
Name:
Date:
09/10/2008
Time:
From
10:35
AM To 10:40
AM
Previous Inspection
Date: 07/10/2008
Inspector(s):
Garrison
Gross and
Robert
Mileur
Weather:
clear, 75°F, light breeze
No.
of
Photos
Taken:
#
2
10
yds
3
Samples Taken:
Yes
#
No
Interviewed:
N/A
Complaint
#:
C-08-195
Region:
7
- Marion
Est.
Amt.
of Waste:
Responsible
Party
Mailing Address(es)
and Phone
Number(s):
ECEVED
CLERS
OFFICE
OCT
2
32008
ruuuuu
STATE
Q
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
LI
4.
12(d)
CREATE A WATER
POLLUTION
HAZARD
LI
5.
21(a)
CAUSE OR
ALLOW
OPEN
DUMPING
CONDUCT
ANY WASTE-STORAGE,
WASTE-TREATMENT,
OR
WASTE-
DISPOSAL
6.
21(d)
OPERATION:
(1)
Without
a
Permit
(2)
In Violation
of Any Regulations
or
Standards Adopted by the
Board
DISPOSE,
TREAT,
STORE, OR ABANDON
ANY WASTE,
OR
TRANSPORT ANY
7.
21(e)
WASTE
INTO THE STATE
ATITO SITES NOT
MEETING
REQUIREMENTS
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
AT THE
DUMP SITE:
(1)
Litter
(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 10/5/2005
(Open Dump
- 1)
LPC#
0810555008
Inspection
Date:
09110/2008
Deposition
of General Construction
or
Demolition
Debris;
or Clean
Construction
or
(7)
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 Burrng
of Any Used or Waste
Tire
LI
35 ILLINOIS
ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE
G
FAILURE TO SUBMIT
AN APPLICATION
FOR
A PERMIT
TO DEVELOP
AND
10.
812.101(a)
OPERATEALANDFILL
11.
722.111
HAZARDOUS
WASTE DETERMINATION
LI
12.
808.121
SPECIAL
WASTE DETERMINATION
LI
ACCEPTANCE
OF
SPECIAL WASTE FROM
A WASTE TRANSPORTER
WITHOUT
A
WASTE
HAULING
PERMIT, UNIFORM WASTE
PROGRAM
REGISTRATION
AND
LI
13.
809.302(a)
PERMIT
ANDIOR MANIFEST
—
_____
OTHER
REQUIREMENTS
14.
APPARENT
CASE_NUMBER:
VIOLATION
OF:
(LI)
PCB;
ORDER_ENTERED_ON:
(LI)
CIRCUIT
COURT
LI
15.
OTHER:
LI
LI
LI
LI
LI
LI
Informational
Notes
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 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
10/5/2005
(Open Dump - 2)
GeneralRemarks:
A
follow-up
open
dump
site
inspection
was
conducted
on
Wednesday,
September
10,
2008,
at
the
property
of
Donald
G.
Wilkey.
Garrison
Gross
(author
of
this
report)
and
Robert
Mileur
of
the
Illinois
EPA
Bureau
of
Land
conducted
theinspection.
The
property
is
located
at
—775
N
2200
E
Road,
Belle
Rive,Illinois
62810.
The
inspection
was
performed
as
a
follow
up
to
a
previous
inspection
conducted
on
July
10,
2008.
Weather
conditions
at
the
time
of
the
inspection
were
clear,
75°F,
with
a
lightbreeze.
The
inspection
began
at
approximately
10:35
AM.
Nowastes
wereobserved
from
offsite
observation.
The
inspectors
entered
the
site
and
observed
the
second
dump
location.
The
commingled
construction
/
demolition
debris
and
brush
/
landscape
wastes
had
been
open
burned
(photo
001
and
002).
Metal
fragments,
55-gallon
drums,
wire
fencing
and
partially
burned
dry
wallwere
observed
in
the
ash.
New
construction
/
demolition
wastes
were
observed
at
the
site.
Approximately
10
cubic
yards
of
waste
was
located
at
the
site.
The
inspection
ended
at
approximately
10:40
AM.
Not
Drawn
to
Scale:
All
Locations
Are
Approximate
North
Chai.ey
r
2
Private
Road
—
South
Chaney
uJ
File
Names:
0810055008-09102008-
IExp.
#1
.j
pg
of
partially
burned
construction
/
demolition
wastes,
metal
drums
and
wire.
Date:
09/10/2008
Time:
10:37
AM
Direction:
Northwest
Photo
by:
Garrison
Gross
Exposure
#:
002
Comments:
Photograph
of
evidence
of
open
burning.
Page
1
of
1
AFFIDAVIT,
and
OPEN
DUMP
iNSPECTION
CHECKLIST
To:
Donald
G.
Wilkey
Q
tD
I
,-
101
N.
Forest
Street
lx
I
Belle
Rive,1L
62810
and
the
original
and
nine
(9)
true
and
correct
copies
of
the
same
foregoing
instruments
on
thesame
date
by
Certified
Mail,
Return
Receipt
Requested,
with
postagethereon
fully
prepaid
To:
John
Therriault,
Clerk
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
7JJc
Michelle
M.
Ryan
Assistant
Counsel
Illinois
Environmental
ProtectionAgency
1021
North
Grand
Avenue
East
P.O.
Box19276
Springfield,
Illinois
62794-9276
(217)
782-5544
THIS
FILiNG
SUBMITTED
ON
RECYCLED
PAPER
