ILLINOIS POLLUTION CONTROL
    BOARD
    September 7, 1978
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 78—49
    )
    MACOMB
    COUNTRY CLUB,
    )
    an Illinois not—for—profit
    )
    corporation,
    Respondent.
    MR.
    REED
    NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF
    OF
    THE COMPLAINANT.
    MR.
    C. DON WESTON, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Werner):
    This matter conies before the Board on the February 17,
    1978
    Complaint brought by the Illinois Environmental Protection Agency
    alleging that the Nacomb Country Club
    (“Maconi.b”)
    allowed the open
    dumping of refuse on its solid waste management site from October 1,
    1974 until February 18,
    1975 and failed to place final cover on its
    site from February 18, 1975 until February 17,
    1978 in violation of
    Rule 301 and Rule 305(c) of Chapter 7:
    Solid Waste Regulations and
    Section 21(b)
    of the Illinois Environmental Protection Act.
    A
    hearing was held on June 23,
    1978 and the parties read their
    Stipulation and Proposal for Settlement into the record at that time.
    The Macomb Country Club is a not-for-profit Illinois corporation
    which owns property on Hickory Grove Lane in Macomb, McDonough
    County,
    Illinois.
    The stipulated facts indicate that while the
    Respondent operated this site from October
    1,
    1974 until February 18,
    1975,
    it permitted the dumping of demolition debris next to its
    clubhouse for use as a base for a planned parking lot
    (i.e., to
    bring the area up to grade) at the property.
    During this period,
    persons beyond the control of the Respondent also dumped small
    amounts of other refuse on the site.
    (See, Complainant’s Group
    Exhibit 1,
    2,
    and 3).
    Macomb Country Club has ceased accepting
    31—367
    —2--
    refuse at the site and has not permitted the dumping of demolition
    debris on the property since the summer of 1976, when most of the
    area near the clubhouse was converted to a concrete parking lot.
    (Complainant’s Group Exhibit 2).
    The Respondent from time to time has placed clay on the
    demolition debris when it was available from the construction
    projects in the Macomb area at no cost to the country
    club.
    The
    demolition debris was originally dumped on the site for the purpose
    of bringing the area near the clubhouse up to grade for a
    parking lot.
    (Complainant’s Group Exhibit 2).
    There remains
    about 100 square yards of exposed demolition debris which requires
    final cover at the present time.
    The settlement agreement provides that:
    (1) Macomb will
    cover or remove all exposed demolition debris within 120 days of
    the date of the Board’s Order;
    (2)
    the Agency has a right to
    monitor the site from time to time; and
    (3)
    the Board may, at its
    discretion,
    impose a fine.
    The Agency has recommended that the
    Board impose
    a penalty of $100.00
    .
    (R.
    6,8).
    However, the Respondent’s attorney has contended that a fine
    in this case is unwarranted because “the club’s current financial
    situation is not in the best of shape.”
    (R.
    7).
    He stated that
    the Macomb Country Club “may well be placed in a position for the
    first time to purchase dirt” and will have the financial burden of
    “paying for
    a contractor to compact and spread it
    ...“
    CR.
    7-8)..
    Moreover, the Respondent’s attorney indicated that the country
    club “has an operating loss of about $3,000.00
    a month and about
    $15,000.00
    to date this year.”
    CR.
    8).
    In evaluating this enforcement action and proposed settlement,
    the Board has taken into consideration all the facts and circum-
    stances in light of the specific criteria delineated in Section
    33(c)
    of the Act.
    Incinerator,
    Inc.
    v.
    Illinois Pollution Control
    Board,
    59
    Ill.
    2d 290,
    319 N.E.
    2d 794
    (1974).
    Accordingly, the Board accepts the Stipulation and Proposal
    for Settlement and finds that Macornb Country Club allowed the open
    dumping of refuse from October 1,
    1974 until February 18, 1975
    and failed to place final cover on its site from February 18,
    1975
    until February 17,
    1978 in violation of Rule 301 and Rule 305(c)
    of Chapter 7:
    Solid Waste Regulations and Section 21(b)
    of the
    Act.
    The Board hereby imposes
    a penalty of $100.00 for these
    violations.
    31—368
    —3—
    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.
    Macontb Country Club has violated Rule 301 and Rule 305(c)
    of Chapter
    7:
    Solid Waste Rules and Regulations and Section 21(b)
    of the Illinois Environmental Protection Act.
    2.
    Within 120 days of the date of this Order,
    Macornb Country
    Club shall cover or remove all exposed demolition debris from its
    site.
    3.
    Within 90 days of the date of this Order, Macomb Country
    Club shall pay a penalty of $100.00
    ,
    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
    4.
    Macornb Country Club shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement of
    June 23,
    1978, which is incorporated by reference as if fully set
    forth herein.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    Y~
    day of
    ,
    1978 by a
    vote of
    4...c~
    ~
    Illinois Pollution
    trol Board
    31—369

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