ILLINOIS POLLUTION CONTROL BOARD
    June
    6,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 74—386
    CITY OF MARENGO,
    Respondent.
    MR.
    JEFFREY
    S.
    HERDEN, attorney for Complainant.
    MR.
    RICHARD EICKSTEADT, attorney for Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Dr. Odell)
    On October 25, 1974,
    the Illinois Environmental Protection
    Agency
    (Agency)
    filed with the Illinois Pollution Control Board
    (Board)
    a Complaint against the City of Marengo.
    It charged that
    the City,
    from July 27,
    1974, until October
    25,
    1974, failed to
    have
    an
    Agency operating permit for its solid waste management site
    in violation of Rule 202 (b)
    (1)
    of
    the
    Solid
    Waste
    Regulations
    Chapter
    7)
    and
    of
    Section
    21(b)
    of
    the
    Illinois
    Environmental
    ~otecticn
    Act
    (Act).
    On November 19,
    1975, the City filed an
    ~ngwer denying the substantive allegations of the Complaint.
    An
    ~mended
    Complaint,
    alleging the additional violation of Section
    2~(e)
    of
    the
    Act, was filed on March
    28,
    1975,
    The site is
    1ocat~d
    in Section 25, Township 44 North, Range
    5
    East in McHenry
    C~untv,. Illinois,
    A hearing was held on February 5,
    .1975,
    in the City Hall
    of
    ~4arert;c,for the purpose
    of
    entering
    into
    a
    Stipulation
    of
    Facts
    and
    a
    Proposed
    Settlement.
    The
    Stipulation
    was
    filed
    with
    the
    ~3oard
    on
    February
    24,
    1975.
    The
    solid
    waste
    iuanagement
    site
    was
    used
    as
    a
    city dump
    until
    November
    L5,
    1974,
    when
    it
    was permanently closed.
    The City
    admits it operated the
    site
    without
    a
    permit
    until
    it
    was
    closed.
    At
    the
    hearing
    the
    Mayor
    of
    Marengo
    explained
    that
    the
    City
    made
    a decision not to apply for
    a
    permit,
    since
    it involved a costly
    engineering
    survey
    and
    the
    site
    had
    a
    maximum
    life
    of
    no
    more
    than
    two
    years
    CR.
    12-13)
    The
    Stipulation
    and
    Proposed
    Settlement
    provide
    that
    the
    City
    shall
    pay
    a
    penalty
    of
    $750
    and
    complete
    final
    cover
    at
    the
    site
    within
    forty-five
    days
    of
    the
    Board’s
    final
    order.
    We
    find
    that
    Respondent
    violated
    Section
    21(e)
    of
    the
    Act
    and
    Rule
    202(b)
    (1)
    of
    Chapter
    Seven
    from
    July
    27,
    1974,
    until
    October
    25,
    1974.
    We
    consider
    the
    proposed
    settlement
    reasonable
    for
    this
    violation.
    17
    —
    249
    —2—
    With respect to the Complaint alleging a violation of
    Section 21(b)
    of the Act, we have recently held that a violation
    of Rule 202(b) (1)
    of Chapter
    7 does not also constitute
    a
    violation of Section 21(b)
    of the Act, which prohibits open
    dump-
    ing.
    EPA v.
    E.
    and E. Hauling, PCB 74-473
    (March 26, 1975); EPA
    v.
    City of St. Charles, PCB 74—388
    (April 10, 1975).
    This
    Opinion
    constitutes
    the
    findings
    of
    fact
    and
    con-
    clusions of law of the Board.
    ORDER
    IT
    IS THE ORDER of the Illinois Pollution Control Board
    that:
    1.
    Respondent violated Section 21(e)
    of the Act and Rule
    202(b) (1)
    of Chapter
    7
    as
    set
    out
    in
    this
    Opinion~ That portion
    of
    the
    Complaint
    alleging
    a
    violation
    of
    Section
    21 (b)
    of
    the
    Act
    is
    dismissed.
    2.
    Respondent
    shall
    pay
    a
    penalty
    of
    $750
    for
    its
    violations
    of
    the
    Act
    and
    Regulations
    established
    in
    this
    Opinion.
    Payment
    shall
    he
    by
    certified
    check
    or
    money
    order
    payable
    to
    the
    State
    of
    Illinois,
    Fiscal
    Services
    Division,
    Environmental
    Protection
    Agency,
    2200
    Churchill
    Road,
    Springfield,
    Illinois
    62706.
    Payment
    shall
    be
    made
    within
    35
    days
    of
    the
    adoption
    of
    this
    Order.
    3.
    Respondent
    shall
    apply
    final
    cover
    at
    its
    solid
    waste
    management
    site
    within
    forty-f:Lve
    days
    of
    the
    date
    of
    this
    Order.
    Mr~ Dumelle
    concurs
    excect:
    with
    dismissal
    of
    the
    aileged
    violation
    of
    Section
    21
    (b)
    of
    the
    Act~
    I,
    Christan L.
    Moffett,
    Clerk
    of
    the
    :llinois
    Pollution Control
    Board, hereby certify that
    the
    above
    Opinion
    and
    Order
    was
    adopted on the
    day
    of
    Jmne~
    1975
    by
    a
    vote
    of
    _____
    CtaKTi1i~o
    ffs~Z1~ierk
    Illinois
    Poliutio~
    ~6ntrol
    Board
    17 —250

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