ILLINOIS POLLUTION CONTROL BOARD

December 12, 1972

ENVIRONMENTAL PROTECTION AGENCY

#72-373

v.

BAKLEY CONSTRUCTION CORPORATION

)

STEVEN

G. BONAGUIDI, ASST. ATTORNEY GENERAL, ON BEHALF OF

ENVIRONMENTAL PROTECTION AGENCY

PAUL THOMPSON, ON BEHALF OF RESPONDENT

OPINION OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

Complaint was filed against Bakley Construction Corporation

alleging that Respondent’s landfill operation, located in McHenry

County, was conducted without a permit as required by Section 22(e)

of the Environmental Protection Act and violated the Rules and Regu-

lations for Refuse Disposal Sites and Facilities in the following

particulars: Rule 3.04 with respect to open dumping on 13 specified

dates; Rule 3.05 with respect to open burning of refuse on one

specified date; Rule 4.03(a) with respect to fencing and hours of

operation; Rule 5.03 with respect to failure to confine dumping

to the smallest practical area on 11 specified dates; Rule 5.06

with respect to spreading and compacting on 14 specified dates;

Rule 5.07(a) with respect to failure to provide cover on 14 speci-

fied dates; and violation of Section 21(f) of the Act in disposing

of refuse in violation of the Regulations on 14 specified dates.

Stipulation was entered into between the parties by which Res-

pondent admitted violation of the Rules and statutory provisions as

alleged in the complaint. The stipulation further specifies that all

violations ceased and the site was covered on or about October 15,

1972, that Respondent agrees to the entry of a cease and desist

order against any further violation and to the imposition of a

$1,000 penalty. The stipulation is not conditioned upon the amount

of the penalty which may be imposed by the Board. We feel that the

stipulation and penalty provisions are reasonable and will enter

our order accordingly.

—

455

This opinion constitutes the findings of fact and conclu-

sions of law of the Board.

IT IS THE ORDER of the Pollution Control Board that:

1. Respondent, Bakley Construction Company, cease and

desist operation of its landfill in McHenry County

in violation of the Rules and Regulations for Refuse

Disposal Sites and Facilities and the Enviromuental

Protection Act;

2. Penalty in the amount of $1,000 is assessed against

Bakley Construction Company for violation of Sections

21(b) and 21(f) of the Environmental Protection Act

and of Rules 3.04, 3.05, 4.03(a), 5.03, 5.06 and

5.Q7 of the Rules and Regulations for Refuse Disposal

Sites and Facilities on the dates alleged in the com-

plaint and admitted in the Stipulation of Facts.

Payment shall be made by certified check or money

order by January 16, 1973, made payable to: Environ-

mental Protection Agency, Fiscal Services Division,

2200 Churchill Drive, Springfield, Illinois 62706;

3. Respondent shall not conduct any landfill operation

at the subject site without first obtaining a permit

for such operation from the Environmental Protection

Agency.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Opinion and Order was adopted on the 

/~~4~

day of December, 1972, by a vote of ~  to p

—2—

—

456