ILLINOIS POLLUTION CONTROL BOARD
July 26, 1979
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 77—254
DR. ROBERT TABBERT and
)
MARGUERITE G. TABBERT,
)
Respondents.
MS.
LORETTA
A. WEBER, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT.
MR. JOHN ROGERS AND MR. WILLIAM KETCHAM, ATTORNEYS AT LAW, APPEARED
ON BEHALF OF THE RESPONDENT.*
OPINION
AND
ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the September 26, 1977
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
After various preliminary discovery pleadings, the
Complainant filed a Motion for Leave to File an Amended Complaint on
January
9,
1978.
The Board granted the Agency’s motion on January
19,
1978.
This Amended Complaint alleged that, from July 27, 1976 until
the date of filing of the Complaint, the Respondents operated their
refuse disposal site without an Agency Operating Permit and allowed
open dumping of refuse at the site in violation of Rule 202(b) (1)
of
Chapter
7:
Solid Waste Regulations and Sections 21(b) and 21(e)
of
the Illinois Environmental Protection Act
(“Act”).
A hearing was
held on June 29, 1979.
The parties filed a Stipulation and Proposal
for Settlement on June 29, 1979.
The Respondents,
Dr. Robert Tabbert and Marguerite Tabbert,
are
joint tenants who own and operate a refuse disposal site
(“site”)
located behind the Larkin Animal Hospital at 2300 Foothill Drive in
Elgin,
Kane County,
Illinois.
The property in question is within
the city limits of Elgin and is in a developed area with scattered
residences bordering the site.
Domestic waste, which consists
primarily of wood, plasterboard, bricks,
concrete, asphalt and paper
refuse,
is accepted at
the
site.
(Stip.
2).
It
is stipulated by the parties that the Respondents have not
applied
for, or received,
the requisite Agency Operating Permit for
*The Respondents and their attorneys were not present at the hearing
itself; the Assistant Attorney General read the basic facts and an
outline
of the proposed settlement agreement into the record.
—2—
their refuse disposal site.
(Stip.
4).
Additionally, Agency
inspections on August
2, 1976, September 24,
1976, February
3,
1977,
February 18, 1977, March
2,
1977 and April 27, 1977 revealed
inadequate daily,
intermediate and final cover, inadequate spreading
and compacting of refuse, insufficient operating equipment,
inadequate site restriction and concealment,
and other operational
deficiencies.
(Stip.
3-5;
See:
Exhibits A through J which are
incorporated into the Stipulation and Proposal for Settlement).
The proposed settlement agreement provides that the Respondents
shall:
(1) accept no further refuse at the site;
(2)
cease and
desist from all further violations;
and
(3) promptly close and place
final cover on the site.
Additionally, the settlement proposal
states that all violations alleged in the Amended Complaint are
admitted and indicates that the Respondents,
Dr. Robert Tabbert and
Marguerite
G. Tabbert, agree jointly and severally to pay a
stipulated penalty of $1,000
In evaluating this enforcement action and proposed settlement,
the Board has
taken
into consideration all the facts and circumstances
in light of the specific criteria delineated in Section
33(c)
of the
Illinois Environmental Protection Act.
The Board finds the stipulated
agreement acceptable under Procedural Rule 331 and Section 33(c)
of
the Act.
The Board finds that the Respondents,
Dr. Robert Tabbert
and Marguerite
G. Tabbert, have violated Rule 202(b) (1)
of
Chapter
7:
Solid Waste Regulations and Sections 21(b)
and 21(e)
of
the Act and shall cease and desist from further violations.
The
Respondents are hereby ordered
to accept no further refuse at the
site and to close and place final cover on the site
in compliance
with Rule 305(c)
of Chapter
7:
Solid Waste Regulations within
30 days of the date of this Order.
The stipulated penalty of $1,000
is hereby jointly and severally assessed against the Respondents.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board that:
1.
The Respondents have violated Rule 202(b) (1)
of Chapter 7:
Solid Waste Regulations and Sections
21(b)
and 21(e)
of the Act.
2.
The Respondents shall cease and desist from further
violations.
3.
The
Respondents
shall accept no further refuse at the site
and shall close and place final cover on the site in compliance with
Rule 305(c)
of Chapter
7:
Solid Waste Regulations within
30 days of
the date of this Order.
—3—
4.
Within 45 days of the date of this Order, the Respondents,
Dr. Robert Tabbert and Marguerite G.
Tabbert, shall jointly and
severally pay the stipulated penalty of $1,000
,
payment to be made
by certified check or money order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
5.
The Respondents
shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed
June
29,
1979, which is incorporated by reference as
if fully set
forth herein.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, here4~rcertify that t e above Opinion and Order were
adopted on the ________day of
__________________,
1979 by a
vote of
4’—O
Illinois Pollution
‘trol Board