[ADEQ Media] ADEQ Announces Long-Standing Illegal Dump in Wickenburg Cleaned Up, Legal Questions Resolved

[media@lists.azdeq.gov]

ADEQ Announces Long-Standing Illegal Dump in Wickenburg Cleaned Up,
Legal Questions Resolved 

PHOENIX (April 17, 2009) - Arizona Department of Environmental Quality
officials announced today that a long-standing illegal dump within
Wickenburg city limits has been cleaned up and all legal questions
resolved concerning the matter.

The announcement ends nearly five years of enforcement actions by ADEQ,
the Arizona Attorney General's Office and the Town of Wickenburg
concerning the illegal landfill on property owned by William and Evelyn
Depperschmidt in the 1800 block of West Duffy Road in Wickenburg.

"We're very pleased that the Depperschmidt family in the end cooperated
with ADEQ and their surrounding community to clean up the illegal
dumpsite that was a nuisance and an eyesore in the neighborhood," ADEQ
Acting Director Patrick J. Cunningham said.

An inspection by ADEQ's Solid Waste Inspections and Compliance Unit in
October 2004 confirmed that large quantities of waste were being dumped
illegally in a dry wash on the property. William Depperschmidt told
investigators he had been allowing the disposal of waste on his property
since 1990.  

ADEQ issued an administrative order requiring removal of the waste in
July 2005. The Depperschmidts appealed the order but it was upheld by an
Administrative Law Judge. The ADEQ order to remove the waste became
final in January 2006. The Depperschmidts then appealed that order in
Maricopa County Superior Court but the court dismissed the
Depperschmidts' appeal in August 2007. 

Meanwhile, the Depperschmidts were found guilty of operation of a solid
waste facility without state approval and operation of a solid waste
facility contrary to city ordinance in Wickenburg Justice Court in
October 2006. In addition, William Depperschmidt was found guilty of
placing debris into a waterway, diverting or restricting flow to a
waterway, and movement of dirt without a permit. His sentence was
deferred provided he no longer engaged in operation of the landfill nor
interfered with anyone who would come onto the property at the direction
of ADEQ for the purpose of removing the waste.

In January 2008, the Arizona Attorney General's Office filed a complaint
in Maricopa County Superior Court to enforce the final ADEQ
Administrative Order. The complaint alleged that the Depperschmidts had
not complied with the July 2005 Order; the Depperschmidts continued to
illegally operate the solid waste landfill without ADEQ's approval and
failed to file a restrictive covenant on the property where the landfill
was located to notify the public and other landowners of the landfill
operations. 


ADEQ and the AG's Office attempted to negotiate a settlement with the
Depperschmidts but the family refused to provide comments or sign the
draft Consent Judgment. On October 29, 2008, the state filed an
Application for Entry of Default when the Depperschmidts failed to
respond, plead, or otherwise defend against the complaint. A default
judgment was entered by the Superior Court in November 2008. 

The Depperschmidts disposed of the solid waste and ceased operating the
landfill beginning in December 2008. Three of the four landscape
companies who were issued Notices of Violation for improper disposal of
solid waste at the site also cooperated in the cleanup. Those
cooperating were the company Napoles Landscaping and individuals Javier
Ruiz and Rafael Vigueria. 

-30-

News media interested in additional information on this or any other
topic concerning the Arizona Department of Environmental Quality should
contact the Office of Communications at (602) 771-2215 or via email at
communications@azdeq.gov.

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