ILLINOIS POLLUTION CONTROL BOARD
January
18,
1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—198
A
& F MATERIALS COMPANY,
INC.,
a Nevada Corporation,
and ALVA
RUNYON,
an individual,
Respondents.
OPINION AND ORDER OF THE BOARD
(by Mr. Young);
Respondents, A
& F Materials Company,
Inc.,
a Nevada
Corporation, and Alva Runyon, were charged
in an Amended
Complaint filed September
20,
1978, with violations of
the Environmental Protection ~ct and Chapter
3 of the
Rules and Regulations in the operation of an unpermitted
holding lagoon in Richland County,
Illinois,
and by causing
or allowing the discharge of contaminants into the waters
of the State.
On Stipulation between parties and on Motion
of the Complainant,
Respondent Alva Runyon was dismissed
without prejudice by Order of the Board on November
2, 1978.
Hearing was held at the Richland County Courthouse
in
Olney, Illinois, on October
26, 1978,
at which time the
parties entered
a Joint Stipulation, Statement of Facts
and Proposal for Settlement into the record.
The facts set forth in the Joint Stipulation establish
that the Respondent A
& F Materials Company,
Inc. constructed
a holding lagoon facility designed to store certain substances
for ultimate refining and recovery operations and that as a
result of heavy rainfalls on s(~veraldifferent occasions the
facilities overflowed into an unnamed tributary of the Fox
River
(Stip.
2).
The Respondent held no construction or
operation permit issued by the Agency under
12(b)
of the Act
and Rules
951 and 952 of Chapter
3 despite written notifica-
tion (on July 30 and August 11,
1976, and March
6,
1978)
that
such permits were required and verbal notification of such
requirements
on several different occasions
(Stip.
3).
32—431
I
I
—2—
The Respondent stipulates and admits the violation
of
12(b)
of the Act and Rules
951 and 952 of Chapter
3.
No evidence was entered to support Counts
I and IV of the
Complaint and the parties agree that Count III should be
dismissed
(Stip.
4,
5)
Respondent agreed to empty the lagoon and remove all
residuals by December
1,
1978; to completely fill, cover
and level the holding lagoon facility no later than December
15,
1978;
and,
to pay a civil penalty of $1,100.00 for the
violations admitted
(Stip.
4,
5).
On the basis of the foregoing and the Joint Stipulation,
Statement of Facts and Proposal for Settlement entered into
the record on October 26,
1978,
the Board finds that the
Respondent did violate Section
12(b)
of the Environmental
Protection Act and Rules
951 and 952 of Chapter
3:
Water
Pollution,
of the Pollution Control Board Rules and Regu-
lations.
The Board further finds that $1,100.00 is
a
sufficient penalty for the violation found herein and
necessary to the enforcement of the Act and will assess
that amount as penalty for the infraction.
The Board has
considered the application of the requirements of Section
33(c)
of the Act to the facts and circumstances herein
and finds the Joint Stipulation,
Statement of Facts and
Proposal
for Settlement acceptable under Rule 331 of the
Board’s Procedural
Rules.
Counts
I,
III and IV of the
Complaint will be dismissed.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
1.
Respondent, A
& F Materials Company, Inc.,
is
found to have operated a holding lagoon facility in viola-
tion of Section 12 (b) of the Environmental Protection Act
and of Rules
951 and 952 of Chapter
3:
Water Pollution,
of the Pollution Control Board Rules and Regulations.
The
Board will assess a penalty of $1,100.00 for such violations;
penalty payment to be made by certified check or money order
within
45 days of this Order payable to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill
Road
Springfield,
Illinois
62706
32—432
—3—
2.
Respondent, A
& F Materials Company,
Inc.,
shall
adhere to all provisions of the Joint Stipulation, State-
ment of Facts and Proposal for Settlement which is incor-
porated by reference as
if fully set forth herein.
3.
Counts
I,
III and IV of the Complaint are hereby
dismissed.
IT IS
SO ORDERED.
Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby cçrtify the
ove Opinion and Order
were adopted on the
~
day of
__________________,
1979
by a vote of
_____
e4t4~~ft1
p~-~a~
Christan
L.
Mof
Clerk
Illinois Polluti
ontrol Board
32—433