ILLINOIS POLLUTION CONTROL BOARD
    July 20,
    1978
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Petitioner,
    )
    v.
    )
    PCB 77—314
    ROCKFORD BLACKTOP
    )
    CONSTRUCTION CO.,
    an Illinois corporation,
    Respondent.
    LORETTA
    A. WEBER, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE PETITIONER.
    WELSH, HOLMSTRON,
    WORDEN
    & GAINES, LTD.
    (MR. JOHN HOLMSTROM III,
    OF COUNSEL) APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the November 30,
    1977
    Complaint brought by the Illinois Environmental Protection Agency
    which alleged that Rockford Blacktop Construction Co.
    (“Rockford”)
    operated its solid waste management site in violation of Rules
    301,
    303(c),
    305(a),
    305(b),
    310(b),
    311, and 314(d)
    of Chapter
    7:
    Solid Waste Regulations and Sections 9(c),
    21(b),
    21(e)
    and 42(a)
    of the Illinois Environmental Protection Act.
    A hearing was held
    on April 26,
    1978.
    The parties filed a Stipulation and Proposal
    for Settlement on April 26,
    1978.
    Rockford Blacktop Construction Company owns and operates a
    solid waste management site in Winnebago County known as Rockford
    Sand
    & Gravel.
    This sanitary landfill is located at 4102 South
    Main Street in Rockford, Illinois.
    The site is bordered on the
    east by the Rock River, on the west by Illinois Route
    2, on the
    south by Illinois Route
    (Bypass)
    20, and on the north by privately
    owned undeveloped land.
    Although the Respondent’s property is
    located in an area which is primarily undeveloped, there are
    scattered residences within a mile of the site.
    31-81

    —2—
    The property in question has been used as a landfill since
    January, 1950.
    The Respondent began operating the property as a
    refuse disposal site on June 1,
    1960.
    Rockford Blacktop
    Construction Company is permitted to operate the sanitary landfill
    under Agency Permit Number 1973-28 issued April
    30, 1973 which
    allows the Respondent to handle construction debris
    (such as roof-
    ing, cement blocks, broken concrete, dirt and relatively inert
    material) in the western pit, and brush,
    limbs, trees,
    leaves,
    lumber, demolition waste and tires in the eastern pit.
    The
    Company also has obtained numerous Supplemental Permits from the
    Agency
    (which are listed in detail in the Stipulation) allowing
    the acceptance of liquid and other wastes at the site.
    (Stip.,
    p.
    2—3)
    Numerous Agency investigations of the site preceded the
    filing of the Complaint on November
    30,
    1977.
    Twenty-one Agency
    inspection reports were made on various dates between June 12,
    1975
    and September 29,
    1977
    (Group Exhibit A).
    During the September 21,
    1976, January 21,
    1977 and March 29,
    1977 investigations of the
    Respondent’s landfill, photographs were taken of various areas of
    the site.
    (Group Exhibit B).
    Additionally, water samples were
    taken of ponded liquid wastes on the site during the September 21,
    1976,
    January 21,
    1977, March 29,
    1977,
    June
    7,
    1977,
    and June 30,
    1977 inspections by Agency personnel.
    These water samples were
    then chemically analyzed and the results were recorded on Agency
    chemical analysis forms.
    (Group Exhibit C).
    Various facts related to the enforcement action have been
    stipulated to by the parties.
    It is agreed that the Respondent
    does not itself deposit refuse, but allows others to deposit refuse
    at the site for
    a
    fee.
    The Complainant and the Respondent
    stipulate that Rockford did not know that hazardous liquid wastes
    were being deposited on the site,
    since the Company believed it
    was accepting wastes which were permitted by the Agency.
    It
    is
    also stipulated that the existence of hazardous wastes at the
    site is due primarily to the Respondent not properly checking the
    cargos of trucks dumping at the site.
    (Stip.,
    p.
    8).
    Additionally,
    the parties have stipulated that Rockford
    Blacktop Construction Company has:
    (1)
    since September 21, 1976,
    allowed others to deposit hazardous liquid wastes at the site
    without the necessary Agency Permits in violation of Section 21(e)
    of the Act and Rules 301 and 310(b)
    of the Board’s Solid Waste
    Regulations;
    (2) from about September 3,
    1975 to about January
    22,
    1976, allowed an underground fire to burn at the site in violation
    of Section 9(c) of the Act and Solid Waste Rule 311
    (although
    the
    fire protection equipment at the site included bulldozers,
    end
    loaders,
    trucks, and fire extinguishers,
    and on an intermittent
    31-82

    —3—
    basis, water trucks and a 10,000 gallon water wagon mounted on a
    tournapul,
    the underground fire was not extinguished until
    about
    January 22,
    1976);
    (3)
    failed to place adequate daily cover over
    all exposed refuse intermittently since June 12, 1975 in violation
    of Section 21(b)
    of the Act and Solid Waste Rule 305(a);
    (4) intermittently since October
    9,
    1975,
    failed to place appro-
    priate intermediate cover on the landfill,
    in violation of
    Section 21(b)
    of the Act and Solid Waste Rule 305(b); and
    (5) inter-
    mittently since September
    3,
    1975,
    failed to maintain the slope of
    the working face of the landfill at a ratio of no greater than two
    horizontal to one vertical in violation of Solid Waste Rules
    301
    and 303(c)
    and Section 42(a)
    of the Act.
    Moreover,
    the Complainant and Respondent agree that it is
    technically feasible and economically reasonable to operate the
    site in conformance with the Illinois Environmental Protection
    Act and Board Regulations.
    As a result of discussion between the parties,
    a settlement
    proposal has been presented to resolve this enforcement proceed-
    ing.
    Basically, this settlement agreement provides that the
    Company will:
    Cl)
    cease and desist from accepting any liquid or
    hazardous wastes of any kind for any purpose
    (all supplemental
    permits allowing such acceptance, either expired or in effect,
    must be turned back into the Agency within
    30 days after the
    Board Order accepting the Stipulation and Proposal for SetUement);
    (2)
    install
    2 new monitoring wells
    at a location and depth which
    will adequately reflect the condition of the groundwater
    (the
    location and depth of the wells must be approved by the Agency
    and installation must be within
    90 days after the Board Order
    adopting the settlement proposal);
    (3)
    cease and desist from all
    violations of the Illinois Environmental Protection Act and Board
    Regulations; and
    (4) pay a stipulated penalty of $5,000.00
    -
    In evaluating this enforcement action and proposed settle-
    ment,
    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.
    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 Rockford Blacktop Construction Company
    in violation of Rule 301,
    303(c),
    305(a),
    305(b),
    310(b), and 311
    of Chapter
    7:
    Solid Waste Regulations and Section 9(c),
    21(b),
    21(e)
    and 42(a)
    of the Illinois Environmental Protection Act.
    The
    Board imposes the stipulated penalty of $5,000.00
    .
    The Board
    notes that Section 42(a)
    is a penalty statute.
    31.83

    —4—
    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.
    Rockford Blacktop Construction Company has violated
    Rule
    301,
    303(c),
    305(a),
    305(b),
    310(b), and 311 of Chapter
    7:
    Solid Waste Rules and Regulations and Section 9(c),
    21(b),
    21(e)
    and 42(a) of the Illinois Environmental Protection Act.
    2.
    Within 35 days of the date of this Order, Rockford
    Blacktop Construction Company shall pay the stipulated penalty of
    $5,000.00
    ,
    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
    3.
    Rockford Blacktop Construction Company shall comply with
    all
    the terms and conditions of the Stipulation and Proposal for
    ~t1ement filed April
    26,
    1978, which is incorporated by
    :erence as if fully set forth herein.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the ab ye Opinion and Order were
    adopted c~the
    ~
    day of
    _________________,
    1978 by a
    vote of
    ~~S-c~
    Christan L. Moffett,
    rk
    Illinois Pollution C
    ol Board
    31-~i

    Back to top