ILLINOIS POLLUTION CONTROL BOARD
August
7,
1975
ENVIRONMENTAL PROTECTION AGENCY,
Cornolainant,
v.
)
PCB 75—146
WASTE MANAGEMENT OF ILLINOIS,
INC.
and BENJAMIN A.
BENNITT and
)
HELEN S.
BENNITT,
Respondents.
OPINION AND ORDER OF THE BOARD
(By Mr.
Zeitlin):
The Complaint,
filed by the Attorney Genera.
for the
Environmental Protection Agency
(Agency)
on April
2,
1975,
alleges that Respondents have failed to provide final cover
to a sanitary landfill in violation of Rule 305(c) of
Chapter
7:
Solid Waste, of the Pollution Control Board
(Board)
Rules and Regulations,
and therefore have violated
Section 21(b)
of the Environmental Protection Act
(Act).
On
May 12,
1975,
the Attorney General filed an Amended Complaint.
Respondent Wast.e Management of Illinois
(Waste Management)
operates a sanitary landfill site located
in Section
24,
Township
35 North, Range
10, East of the Third Principal
Meridian,
in Will County,
Illinois.
Respondents Benjamin A.
Bennitt and Helen
S.
Bennitt are the record owners of the
property upon which the sanitary landfill
is operated.
Rule 305(c) requires that a compacted layer of not less
than two feet of suitable material be placed over the entire
surface of each port±onof the final lift not later than
60 days following the placement of refuse in the final
lift.
Respondent Waste Mana.gement, on October 30,
1973,
ceased
operating the site as a sanitary landfill and had not commenced
final cover on December 30,
1973.
Respondent Waste Management
alleges
that it was unable to apply such final cover due to
the lack of suitaLle cover material which could be obtained
at an economically reasonable cost.
A source of suitable
cover material has now been found and is presently being
applied to the site.
18—311
—2—
A hearing was held in Joliet,
Illinois,
on June
24,
1975,
at which the A~er~cyand Respondent Waste Management introduced
a Stipulation and Proposed Settlement
(Stipulation).
The
Stipulation provides that Respon~ientWaste Management shall
pay a $2000 civil penalty
for the violations described and
shall complete final cover within nine months of the Stipulation
date
(June
24,
1975).
These factors allow the Board to
accept the Stipulati3n which will serve
to further the
purposes of the Act and the regulatory nature of the Board’s
Solid Waste Rules.
Insofar as no proof has been entered on their responsibility
for the above violations,
the Board shall dismiss Respondents
Benjamin A. Bennitt and Helen
S. Bennitt.
This Opinion constitutes the findings of fact and
conclusions of law of the Board
in this matter.
ORDER
It
is the order of the Pollution Control Board that:
1.
Respondent Waste Management of Illinois,
Inc.
is
found to have violated Rule 305(c)
of Chapter
7 of
the Board’s Solid Waste Rules and Regulations,
and
of Section 21(b)
of the Environmental Protection
Act.
2.
Respondent; Waste Management of Illinois,
Inc.,
shall pay as a penalty for such violations the
sum
of $2000, payment to be made by certified check or
money order within 35 days of the date of this
Order
to:
State
Df Illinois
En~Tironmenta1Protection Agency
Fiscal Services Division
220~~Churchill Road
Springfield,
Illinois
62706
3.
Respondent Waste Management of Illinois,
Inc.
shall submit monthly progress reports on final
cover operations
to the Environmental Protection
Agency;
such reports to indicate the volume of
cover placed during the preceding month, which
shall
be at least one—ninth of the total required.
18—
312
—3—
4.
That portion of the Complaint,
as Amended, alleging
Benjamin A. Bennitt and Helen
S.
Bennitt as Respondents,
is dis:iissed.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Order was adopted on
the
~
day of
______
,
1975 by
a vote of
________
~inoisPollution~ontrolBoard
18
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313