ILLINOIS POLLUTION CONTROL BOARD
August 23, 1973
.E~NVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
)
v.
)
PCB 73—75
FOSCHI DISPOSAL SERVICE, INC.
and
FOSCIlI BROThERS, INC.
Respondents.
OPINION AND ORDER OF THE BOARD (by
Mr. Seaman)
On February 23, 1973, the
Agency filed Complaint against
i~espondents, Foschi Disposal Service, Inc. and Foschi Brothers,
Inc., which own and operate
a refuse disposal site located in
Jolict, County of
Will, Illinois. The Complaint charges the
following violations:
1. violation of Section 21, subparagraph (e) of the
Environmental Protection Act by failure to have a
permit for the operation of the refuse disposal site;
2. violation of Section 21(b) of the Act and Rule 3.04
of the Rules and Regulations for Refuse Disposal Sites
and Facilities of the Division of Sanitary Engineers
of the Department of Public Health of the State of
Illinois by causing or allowing open dumping of refuse;
3. violation of Rule 4.03, subparagraph (a) and Section
21, subparagraph (b) by failing to have adequate
fencing to control access to the site;
4. violation of Rule 5.03 and Section 21, subparagraph (b)
of the Act by failing to confine the dumping of refuse
to the smallest practical area;
5. violation of Rule 5.05 and Section 21, subparagraph (b)
of the Act by failure to provide sufficient equipment
in operational condition to permit the operation of a
landfill according to any approved plan;
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6. violation of Rule 5.06 and Section 1, subparagraph
(b) of the Act by failing to properly spread refuse
admitted to the site;
7. violation of Rule 5.07, subparagraph (a) and 21(b)
of the Act by failing to provide adequate daily cover.
This cause has come before the Board with a Stipulation
And Proposal For Settlement entered into between the respective
parties. By said Stipulation, Respondents admit to the operation
of their refuse disposal site without first having obtained a
permit (paragraph 3). Respondents are not in the business of
refuse pick-up and disposal; the items that were dumped were all
materials that were destroyed in the wrecking of buildings in the
course of Respondents’ wrecking business (R. 5)
As a result of the discovery undertaken by the parties, and
pre-hearing conferences, each party believes that the public
interest will be best served by the resolution of the action
under the terms and conditions set forth in the Proposal For
Settlement.
Respondents have agreed that the numerous photographs sub-
mitted by the Agency truly and accurately depict the condition of
Respondents’ refuse disposal site on the dates indicated thereon.
T~~.photoqraphsillustrate the violative nature of Respondents’
o~erat~on.
Respondents have prepared a program whereby it will immediately
cease and desist from any use of its site for the dumping of refuse
and, further, will cover the site to a minimum depth of two feet by
October 1, 1973.
Respondents’ Exhibit A, three anal photographs of the site
taken July 16, 1973, show that Respondents are quite near compliance.
This Board is, therefore, disposed to approve the terms of the
Stipulation And Proposal For Settlement submitted by the parties.
This Opinion constitutes the findings of fact and conclusions
of law of the Board.
IT IS THE ORDER of the Pollution Control Board that Respondents
shall:
1. Cease and desist from violation of the Rules and Regulations
for Refuse Disposal Sites and Facilities and applicable
sections of the Illinois Environmental Protection Act.
2. Completely cover their refuse disposal site to a minimum depth
of two feet, and shall in addition return such site to its
natural condition on or before October 1, 1973.
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3. Pay to the State of Illinois the sum of $1,000 within
35 days from the date of this Order. Penalty payment by
certified check or money order payable to the State of
Illinois shall be made to: Fiscal Services Division,
Illinois Environmental Protection Agency, 2200 Churchill
Road, Springfield, Illinois 62706.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, certify that the ab ye Opinion and Order
was adopted by the Board on the~?~3”dayof
________,
1973,
byavoteof
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