ILLINOIS POLLUTION CONTROL BOARD
    Nay 22, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 74—419
    ROGER RINNE d/b/a S&L
    Sanitation Service,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Zeitlin):
    The Environmental Protection Agency
    (Agency)
    filed this
    action on November 13,
    1974, charging Respondent Roger Rinne
    with violation of Rule 202 (b) (1) of the Solid Waste Rules
    and Regulations
    (Chapter
    7:
    Solid Wastes)
    of the Pollution
    Control Board
    (Board) and Section 21(e)
    of the Environmental
    Protection Act
    (Act).
    Rule 202(b) (1)
    provides for a permit
    from the Agency to operate
    a solid waste management site and
    Section 21(e)
    of the Act prohibits any refuse collection or
    disposal operations without an Agency permit.
    Respondent’s
    solid waste management site is located in
    Section
    36,
    Township 5 South, Range 5 West,
    in Randolph
    County,
    Illinois.
    A hearing was held in Sparta,
    Randolph County, Illinois
    on February 20,
    1975,
    at which the parties to the action did
    not present any witnesses but did introduce
    a Joint Exhibit
    titled “Stipulation of Parties and Proposed Settlement.”
    Before the Exhibit could be introduced,
    a witness who
    identified himself as the operator of a competing landfill
    site testified on matters not related to the charges in the
    Complaint.
    His testimony was relevant to the establishment
    of
    a penalty.
    Respondent,
    in the Stipulation admits his violations of
    Rule 202(b) (1) and Section 21(e)
    of the Act.
    The Agency
    acknowledges Respondent’s evidence that Respondent engaged
    an engineer to prepare
    a permit application in 1971 and that
    preparation of permit application was delayed due to no
    fault of Respondent.
    17
    —
    103
    —2—
    The Stipulation also notes that Respondent has had a
    permit application on file with the Agency since November
    18,
    1974.
    The Stipulation provides that Respondent
    is to pay a
    penalty of $~750within 35 days of the date of the Board’s
    Order, and that if
    a permit is not issued within 120 days of
    the Board’s Order,
    all refuse disposal activities shall be
    discontinued atthe subject site and said site shall be pro-
    perly closed.
    The Stipulation of the Parties and Proposed Settlement
    will serve to further the purposes of the Act and to maintain
    the integrity of the permit system, and is therefore accepted
    by the Board.
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board in this matter.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that:
    1.
    Respondent Roger Rinne d/b/a S&L Sanitation Service is
    found to have operated a solid waste management site in
    Randolph County, Illinois
    in violation of Rule 202 (b) (1),
    (Chapter
    7, Solid Wastes) of the Rules and Regulations of
    the Pollution Control Board, and of Section 21(e)
    of the
    Environmental Protection Act.
    2.
    Respondent shall pay a penalty of $750 within
    35 days
    of the date of this Order.
    Payment shall be made to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    3.
    If Respondent
    is not issued an operating permit
    by the Environmental Protection Agency within 120 days
    from the date of this Order, Respondent shall discontinue
    all refuse disposal activities at the subject site and
    properly close the said site.
    I, Christan L. Moffett, Clerk ~f the Illinois Pollution Control
    Board hereb~’certify that the above Opinion and Order were adopted
    on the
    ~M
    day of
    IY)
    ________,
    1975 by a vote of~-~
    _______
    (1
    _______
    ______
    Christan L. Moff&t)~,-,~Clerk
    Illinois PollutiofrCC’ontrol Board
    17
    —
    1fl~1

    Back to top