ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    August
    20,
    1981
    tLLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    P~B80—140
    )
    WILSON
    &
    SHIPLER,
    INC.,
    )
    a Wisconsin corporation,
    )
    )
    Respondent.
    fiR.
    DOUGLAS
    P.
    KARP,
    ASSISTANT
    ATTORNEY
    GENERAL,
    APPEARfl
    Ofl
    i3K~ThT
    OF
    THE
    CCI4PLAINANT.
    O’tIEAL,
    NOLL, ELLIOTT & FORBECK,
    S.C.,
    ATTORNEYS AT
    LAW .(t4P.
    SE?1I~Et
    FORBECK,
    OF
    COUNSEL),
    APPEARED ON
    BEHALF
    OF
    TIL~RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    NJ
    .Werner):
    This
    matter
    comes
    before
    the
    Board
    on
    the
    August
    5,
    1980
    Complaint brought by the Illinois Environmental Protection Ageesny
    (‘Agency’).
    Count I of the Complaint alleged that, on various specifie’
    occasions between April 15, 1976 and August 5,
    1980, Wilson &
    Shipler, Inc.
    (the ‘Company’) operated a solid waste management
    site
    (‘site’) without developmental and operating permits from
    thr
    Agency
    in violation of Rules 201 and 202(a) of Chapter 7:
    Solid
    Waste Regulations (‘Chapter 7’) and Section 21(d) of the Illinois
    Environmental
    Protection
    Act
    (‘Act’).
    Count II alleged that,
    from October 27, 1976 until August 5,
    1980, the Respondent failed to provide the necessary final cover
    over portions of the site in violation of Rule 305(c) and SeatLon
    21(a) of the Act.
    Count III alleged that, on April 15,
    1976, March 13,
    1980, and
    May 9, 1980, the Company failed to place the necessary daily cover
    on exposed refuse in violation of Rule 305(a) of Chapter 7 and
    Section 21(a) of the Act.
    Count IV alleged that, on May 12,
    1976, May 18, 1976, and
    May 21,
    1976 (and continuing until the filing of the Complaint),
    the Respondent disposed of refuse at a site which did not meet the
    requirements
    of
    the Board’s Solid Waste Regulations or the. Act
    (i.e., on its own property) in violation of Section 21(e) of the
    lkct.
    43—175
    —2—
    A hearing was held on July 1,
    1981 at which no members
    of
    the
    public were present.
    The parties filed a Stipulation and Propo~ai
    for Settlement on July 8,
    1981.
    The Company owns alout 18.64 acres of land “located south of
    South Beloit,
    Illinois,
    immediately southwest of the intersection
    of Moore and Reese Streets” in Winnebago County.
    (Stip.
    2).
    The
    Respondent, which is involved in road construction and site develop-
    ment, has used its property “primarily as a sand and gravel pit”
    and has disposed of demolition material, asphalt fragments,
    foundry
    sand,
    slag wastes, paper pulp,
    and miscellaneous refuse at
    the
    ~
    since the acquisition of this property in 1965.
    (Stip.
    21.
    The parties have indicated that “the site and all adjoining
    properties are currently zoned for agricultural use by tht~County
    of Winnebago” and nearby land usage includes “a combination of
    residential,
    agricultural, timberland and special use
    (auto lunk
    j.it~
    arid sand and gravel pits)”.
    (Stip.
    2).
    The Company has admitted “that on April 15,
    1976, May ~
    ~
    and May 21,
    1976, approximately 300 to 350 yards of demolit1or~ ~
    including wood,
    limestone,
    cement and miscellaneous refuso were
    ti~nsportedfrom Beloit, Wisconsin, and deposited by Respondent ~
    the site without developmental and operating permits”
    froi~ithe
    agency.
    (Stip.
    3).
    Additionally, the Respondent has admitted
    tht..
    it failed
    to
    provide the requisite daily and final cover on various
    occasions.
    (Stip.
    3).
    Moreover, the Company has also admitted that it improperly
    disposed of “approximately 605 tons of paper
    pulpt’ at the site on
    March 13,
    1980 and May 9, 1980.
    (Stip.
    4).
    The parties have stated that the Company initially file~l~.ts
    application for a “permit to develop and operate a solid wast~
    management site” on November 15,
    1978.
    (Stip.
    3).
    This proposed
    landfill was originally “intended to provide a local disposal
    si.t9
    Eor foundry sands and shredding refuse”.
    (Stip.
    3).
    However, on
    June 18,
    1979, the Agency denied the Company’s permit application
    because the Agency believed that the Respondent’s “proposed
    silt.
    liner would not sufficiently contain the leachate resulting
    from the
    foundry sands and shredding refuse”.
    (Stip.
    3-4).
    After the denial of its permit application, on December 18~
    1.979 the Company “informed the Agency that it was no longer
    interested in obtaining a permit to dispose of any waste at the
    site”.
    (Stip.
    4).
    Nevertheless, the Respondent admittedly
    disposed of paper pulp refuse at the property on March 13,
    1980
    and May
    9,
    1980 without having the necessa~~gency permits.
    (Stip.
    4).
    The proposed settlement agreement provides that the Compa~v
    agrees to:
    (1) promptly “place and maintain two
    (2) feet o~
    compacted clay soil over all areas which previously recei~ed
    refuse at the site”;
    (2) cease and desist from further viola~i~~c’4s;
    43—176
    —3
    (3) refrain from conducting or allowing “any refuse disposal
    operations at the site until and unless developmental and operating
    permits are acquired from the Agency”, and
    (4) pay
    a stipulated
    penalty of $2,500.00
    .
    (Stip.
    5—6).
    In evaluating this enforcement action and proposed settlement
    agreement, the Board has taken into consideration all the facts and
    circumstances
    in light of the specific criteria delineated in
    Section 33(c) of the Act.
    The Board finds the settlement agreement
    acceptable under Procedural Rule 331 and Section 33(c) of the Act.
    Accordingly, the Board finds that the Respondent, Wilson
    &
    Shipler, Inc., has violated Rules 201,
    202(a),
    305(a), and 305(c)
    of Chapter
    7:
    Solid Waste Regulations and Sections 21(a),
    21(d),
    and 21(e) of the Illinois Environmental Protection Act.
    The Company
    will be ordered to cease and desist from further violations and pay
    the stipulated penalty of $2,500.00
    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 Respondent, Wilson
    & Shipler,
    Inc., has violated
    Rules 201,
    202(a), 305(a),
    and 305(c) of Chapter
    7:
    Solid Waste
    Regulations and Sections 21(a), 21(d), and 21(e) of the Illinois
    Environmental Protection Act.
    2.
    The Respondent shall cease and desist from further violati.ori~i.
    3.
    On, or before,
    September 30,
    1981, the Respondent shall, by
    certified check or money order payable to the State of Illinois, pay
    the
    stipulated penalty of $2,500.00 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    4.
    The Respondent shall comply with all the terms and conditions
    of the Stipulation and Proposal
    for Settlement filed on July
    8,
    1981,
    which is incorporated by reference as if fully set forth herein.
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order were adopted
    on the
    ~O
    ~
    _day of
    ~
    1981 by a vote of
    ~Ca
    Illinois Polluti
    ~ControlBoard
    1’3—177

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