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