ILLINOIS POLLUTION CONTROL BOARD

September

18, 1975

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

vs.

)

PCB 75—158

VILLAGE OF ROCKTON,

)

Respondent.

JOAN WING,

Assistant Attorney General for the EPA

JOSEPH POLITO, Attorney for Village of Rockton

OPINION

AND

ORDER OF THE BOARD

(by Mr. Henss):

Rr~ondent, Village of Rockton,

is charged with operating

;~

solid paste management site without a permit in violation of

Rule 202(b) (1) of the Solid Waste Regulations and Section

21

of the Environmental Protection Act.

The violations allegedly

occurred

from July

27,

1974, the date when permits were to be

c~~tainedunder the Solid Waste Regulations,

until April 14,

1975, the date when the Complaint was filed with the Pollution

Control Board.

The evidence proves that Respondent did in

fact. operate a

solid waste management site without a permit during the time

period which was alleged in the Complaint.

The landfill in

question was open only on Sundays for 8 hours and was for the

convenience of the residents

of Rockton who wished to bring

their waste

to the Village landfill.

The site was closed and

the gate padlocked on six days of each week.

On Sundays an

employee of the Village was present at the site to oversee the

placement of waste

in

a ditch.

A local contractor would then

compact the material and cover it, usually on the following

Monday.

The landfill was open on just 24 days between July

27,

1974 and ?\pril 14,

1975.

Because of weather conditions,

it was

closed for several weeks during the winter of 1974—1975.

The

landfill was officially closed by action of the Village President

on April

1,

1975 prior to the time the Complaint was filed

in

this action.

Respondent first obtained the landfill site about

5 years

ago after observing that people disposed of their waste along

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the state highway.

An EPA employee made several visits to the

landfill, beginning

in

1971, and notified the Village President

orally and by letter that there was a requirement for an operating

permit.

The Solid Waste Regulations, adopted by the Pollution

Control Board on July 27,

1973, allowed one year within which to

obtain operating permits.

The Village of Rockton did apply

for

an operating permit ~n April 1974.

The permit application was

rejected by the Agelicv since it was incomplete.

A second appli-

cation was filed by the Village of Rockton in June or July 1974

prior to the July 27,

1974 deadline.

The second application was

denied in August 1974 because it also was incomplete.

The main

difficulty in completing the permit application was in the cost

of drilling and soil tests to identify the soil structure of the

landfill site.

The Village Engineer had notified the Village

President that the cost of obtaining such information would approxi-

mate $4,000 and it was decided that the Village could not justify

such an expenditure.

Following receipt of the Complaint,

the Village of Rockton

applied for a variance from the permit requirement

(See:

PCB

75-210).

The Village President testified that he does not intend

to operate the lanc~fill without a variance.

It was the custom of the Village of Rockton to accept oil

cans,

paper

(in bundles or bags),

trees and brush at this landfill.

Tires,

lumber and

metai. appliances were also observed at the site.

No garbage was accepted.

After July 27, l~74the Village of Rockton apparently accepted

only landscape waste for burial at the site.

Metal appliances and

tires were received

arid were put aside until

a later date when they

could be hauled

to a’4urkyard for recycling.

An employee of the

Environmental Protection Agency testified that the Village of

Rockton was cooperative and was in general compliance with the

landfill regulations, except for the requirement that a permit be

obtained

arid the requirement that cover be applied

oii a daily

basis.

The record indicates,

however, that the site is subject

to flooding from the Rock

‘River and for this reason there may be

serious doubt of the suitability of the site for

a landfill.

We find that Respondent Villaqe of Rockton has operated

a

solid waste management site without

a permit,

as charged.

Re-

spondent shall be ordered to cease and desist from this activity.

Rockton shall not reopen the site and use it for

a landfill unless

authorized to do so

by

variance or an appropriate operating permit.

We shall not impose

any

monetary penalty in this case.

The Village

President had closed the site prior to the filing of the Complaint

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540

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and has testified that it will not be reopened unless

a

variance

is granted.

Therefore, we believe that a monetary

penalty

is not required in order

to enforce the statute and

the regulation in this instance.

The fact that th’~Village

had actually applied for a permit (although with

au

incomplete

application)

prior to the deadline and is obviously not in a

position to pay any substantial monetary penalty are mitigating

factors.

The minimal use made of this facility also mitigates

against imposition of a monetary penalty.

This Opinion constitutes the findings of fact and

conclusions of law of the Illinois Pollution Control

Board.

ORDER

It is the Order of the Pollution Control Board that

Respondent Village of Rockton cease and desist from operating

a solid waste management site without an operating permit.

The

landfill

in question shall not be reopened by the Village of

Rockton unless an appropriate operating permit or variance has

first been issued.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board,

h reby certify the ab ye Opinion and Order was

dopted

the _________day ~

1975 by a vote of

___________

Christan L. Moffet~

erk

Illinois Pollution

trol Board

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