I LLII’UI
    S RJLLIXTION
    GJNTROL
    I~)ARD
    February
    1,
    1979
    ILLII’OIS ENVII~I~MENTAL
    PROTECTION
    AGENCY,
    Corrplainant,
    v.
    )
    P03
    78—157
    Cr1?
    OF
    MARION,
    Respondent.
    MR. STEPHEN GROSSVIARK,
    ASSI
    STANT AYORNEY
    GENERAL, APPEARED ON BEHALF
    OF
    THE
    (ThIPLAINANT.
    FUNLER
    &
    NOVICK, ATTORNEYS
    AT
    LAW
    (MR.
    WILLIAM NOVICK,
    OF
    COUNSEL),
    APPEARED
    ON
    BEHALF
    OF
    THE RESIN~DENT.
    OPINION AND ORDER OF THE 1X)ARD (by Mr. Werner):
    This
    matter
    ccnies
    before
    the
    Board
    on
    the
    May
    31,
    1978 Conplaint brought
    by the Illinois Envirormental Protection Agency
    (“Agency’T).
    Count
    I
    of the
    Qxrplaint alleged that the City of Marion (the “City”)
    conducted its solid
    waste management operation in such a manner as
    to violate a condition of
    its
    Operating Permit and Rules 302,
    305(a),
    306,
    314(e) and 317 of Chapter
    7:
    Solid Waste Regulations and Section 21(b)
    of the Illinois Envirorniental
    Protection Act (“Act”).
    Count
    II
    of
    the
    Corrplaint
    alleged that the City of
    Marion violated Rules 305 and 318 of Chapter
    7:
    Solid Waste Regulations and
    Section 21(b) of
    the Act.
    A hearing was held on October
    16,
    1978.
    The
    parties
    filed a Stipulation
    and
    Proposal
    for Settlement on December 22,
    1978.
    The City of Marion
    is a rrLlnicipal corporation organized under
    the laws of
    the
    State
    of
    Illinois.
    The
    Respondent
    has,
    at
    all
    times
    pertinent
    to
    the
    Corrplaint
    in
    this
    case,
    and
    for
    some time
    prior
    to
    the
    relevant
    time
    frames
    of
    the
    Carplaint,
    leased
    40
    acres
    of
    property
    in
    Williamson
    County,
    Illinois
    fran
    Mr.
    Claude
    White
    of
    Marion,
    Illinois.
    The
    City
    of
    Marion
    holds
    Operating
    Permit
    No.
    74-23-OP
    (which
    was
    granted
    to
    the
    Respondent
    by
    the
    Agency
    on
    Decen-ber
    15,
    1975)
    which
    authorizes
    the
    City
    to
    conduct
    a
    solid
    waste
    management
    operation
    at
    the
    site.
    Condition
    Niither
    I
    of
    the
    Operating
    Permit
    No.
    74—23-OP
    provides:
    “Monitor
    Wells
    Wi
    and
    W2
    are
    to
    be
    san-pled and
    analyzed
    quarterly
    (January,
    April,
    July
    and
    October)
    for
    Fe,
    NH~,
    Chloride,
    and
    TDS.
    Results
    should
    be
    forwarded
    to
    the
    Technical
    Unit
    of
    the
    Division
    of
    Land
    Pollution
    Control
    of
    the
    Illinois
    Envirorgnental
    Protection
    Agency.”
    32—481

    —2
    It
    is stipulated that, during a period beginning on or about November
    1,
    1976,
    and ending on or about April
    1,
    1978,
    the City of Marion failed to
    cctrply with
    this permit condition.
    (Stipulation, p.
    3; Record,
    p.
    6).
    It
    is
    also stipulated
    that, during a period beginning on
    or about April
    21,
    1977, and ending on or about
    June 21,
    1977,
    including, but
    not limited
    to,
    April
    21,
    1977,
    the City
    failed to apply the requisite
    daily cover material
    on the site.
    (Stipulation, p.
    3).
    It
    is also agreed
    that,
    since on or about
    April 21,
    1977,
    the City
    of Marion has not collected all
    litter fran the
    landfill
    at
    the end of each working day and either placed the litter in the
    fill,
    and cc*rpacted and covered
    it, or stored the litter in a covered
    container,
    and has failed to
    take adequate measures
    to ironitor and control
    leachate.
    (Stipulation, p.
    4).
    Moreover,
    fran on
    or about June 21,
    1977
    until Decether 22,
    1978,
    the City of Marion has failed to place the necessary
    final
    cover on the site.
    Additionally, since on or about June 21,
    1977,
    and
    continuing
    to the date of the filing of
    this Ccnplaint,
    the Respondent has
    failed
    to rionitor gas, water
    and settling at the property.
    (Stipulation,
    p.
    4).
    It
    is stipulated
    that
    the Agency has given the City
    of Marion notice of
    the operational defects
    at
    the site
    in question.
    (See:
    the letters sent by
    the Agency and received by the City which are dated May
    4,
    1977, May 31,
    1977,
    Septen-her 26,
    1977, January
    18,
    1978, and February
    6,
    1978 and are marked as
    Exhibits A through E respectively and are attached
    to and incorporated by
    reference into the Statement of Stipulated Settlement).
    Furthertrore, on two
    occasions, Agency inspectors took photographs of the
    property.
    (See:
    Exhibits
    F, C and H which contain the described photographs
    with indications
    of
    the dates and times
    the photographs were taken and which are also
    incorporated by reference into
    the Statement of Stipulated Settlement).
    The City of Marion admits that
    all
    the previously mentioned stipulated
    facts
    indicate that
    the alleged violations of the Board’s Solid Waste
    Regulations and the Act did,
    in
    fact,
    occur.
    (See:
    Stipulation,
    p.
    5).
    The
    Respondent and the Agency agree
    that
    it
    is both technically practicable and
    econanically reasonable
    to ccrrply with
    the Act and Chapter
    7:
    Solid
    Waste
    Regulations.
    To this end,
    the City of Marion has agreed to follow a specified
    Caipliance Program.
    (Stipulation, P.
    6).
    It
    is stipulated that the
    Respondent has only recently taken steps
    to bring the site
    into
    coapliance.
    The City of Marion has hired
    independent contractors
    to place and grade the
    final
    cover at the site and conduct any sarrpling and analysis
    that may be
    needed at
    a
    cost
    in excess of
    $10,000.00
    .
    (Stipulation,
    p.
    6;
    Record,
    p.
    7).
    The proposed settlement
    agreement and Ccrrpliance Program provides that
    the City of Marion will:
    (1) place and grade final
    cover
    at
    the subject site
    as required by the Act, Chapter
    7:
    Solid Waste Regulations and the City’s
    permit application and Operating Permit
    on, or before, May 21,
    1979.
    On, or
    before, May 30,
    1979,
    the City of Marion will have a certified professional
    engineer contact
    the Agency and certify
    that
    the final
    cover has been placed
    and properly graded;
    (2) cane
    into ccnpliance with,
    and will
    in the future
    32—482

    —3—
    carply with,
    all provisions
    of the Board’s Solid Waste Regulations that were
    alleged
    to have been violated and
    that were specifically delineated
    in the
    Ccnplaint in this case;
    (3)
    cease and desist fran further violations;
    and
    (4) pay a stipulated penalty of $750.00 within 45 days of
    the entry of
    the
    Board’s Order.
    In evaluating this enforcement action and proposed settlement,
    the Board
    has taken into consideration all
    the
    facts and circumstances
    in light
    of the
    specific criteria delineated
    in Section 33(c)
    of the Illinois Envirorrnental
    Protection Act.
    Accordingly,
    the Board
    finds
    that
    the Respondent,
    the City of
    Marion,
    has violated Rules 302,
    305,
    305(a),
    306,
    314(e),
    317 and 318 of
    Chapter
    7:
    Solid Waste Regulations and Section 21(h)
    of the Act.
    The Board
    hereby
    in-poses
    the stipulated penalty of $750.00 against
    the Respondent.
    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,
    the City of Marion, has violated Rules 302,
    305,
    305(a),
    306,
    314(e),
    317 and 318 of Chapter
    7:
    Solid Waste Regulations and
    Section 21(b) of
    the Illinois Envirormental Protection Act.
    2.
    The Respondent,
    the City of Marion,
    shall
    cease and desist
    all
    further violations.
    3.
    The Respondent,
    the City of Marion,
    shall place and grade
    final
    cover at
    the subject
    site as required by the Act,
    the Board’s Solid Waste
    Regulations and the City of Marion’s permit application and Operating Permit
    on, or before, May 21,
    1979.
    On, or before, May 30,
    1979,
    the City of Marion
    shall have a certified professional engineer contact
    the Agency and certify
    that
    the final
    cover has been placed and properly graded.
    4.
    Within 45 days of
    the date of
    this Order, the Respondent, shall pay
    the stipulated penalty of $750.00
    ,
    payment
    to be made by certified check or
    money order
    to:
    State of Illinois
    Fiscal Services Division
    Illinois Envirormental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    5.
    The Respondent,
    the City of Marion,
    shall
    conply with all
    the terms
    and conditions of the Stipulation and Proposal
    for Settlement
    filed December
    22,
    1978, which
    is incorporated by reference as
    if
    fully set forth herein.
    32—483

    —4—
    Mr.
    Goodman
    abstained.
    I,
    christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Contro~pard,
    hereby cert~~~?
    Opinion and
    Order
    were
    adopted
    on
    the
    ~
    _________________,l979byavoteof
    .3-c~
    Illinois Pollution
    32—484

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