ILLINOIS POLLUTION CONTROL BOARD
    January 29
    ,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 75—157
    AAA DISPOSAL SYSTEMS, INC.,
    )
    Respondent.
    Mrs. Joan C. Wing, Assistant Attorney General, Attorney for
    Complainant
    Mr. Gary L. Ecklund and Mr. Gregory E. Barrett, Schleuter &
    Ecklund, Attornies for Respondent
    OPINION AND ORDER OF THE BOARD (by Mr. Young):
    AAA Disposal Systems, Inc. is charged in a Complaint filed
    April 14, 1975, by the Environmental Protection Agency with
    operating a waste management site near Roscoe in Winnebago County,
    Illinois without an operating permit. Respondent is alleged to
    have operated this site from July 27, 1974 through April 14, 1975
    in violation of Rule 202(b) (1) of the Illinois Solid Waste Regu-
    lations and Section 21(b) and (e) of the Environmental Protection
    Act. A public hearing was held on this matter on July 21, 1975.
    In lieu of testimony at the hearing the parties read into
    the record a Stipulation of Facts and Proposal for Settlement.
    This. Stipulation and Proposal is submitted in resolution of the
    enforcement proceeding and the Board is asked to approve the
    settlement conditions therein. No members of the public presented
    testimony at the hearing.
    Stipulated facts show that Respondent began operating the
    waste management site on November 1, 1973 “for a ten week period”.
    Materials to be disposed of included brick, coal, ash, bank run
    gravel, pea gravel and/or coarse sand and broken concrete. After
    receiving letters from the Agency concerning inspections at this
    site, Respondent wrote the Agency on December 27, 1973 stating that
    it intended to fill the area involved so as to convert it to usable
    land for a future building and parking lot. Respondent requested
    a temporary permit to complete the filling process. On January 3,
    1974 the Agency responded by sending Respondent one copy each of
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    755

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    the Solid Waste Regulations and instructions for completing a
    permit application and three copies of the permit application.
    Respondent submitted a permit application dated January 5,
    1974 to the Agency. In a letter dated January 9, 1974 the
    Agency informed Respondent of deficiencies in this permit appli-
    cation and that the permit was denied pending receipt of additional
    information. The permit application was subsequently returned to
    Respondent on February 1, 1974 marked incomplete. Respondent did
    not resubmit its permit application.
    When an Agency representative visited the site on March 5,
    1974 he noted that the site was closed but final cover had not
    been provided. This observation was conveyed to Respondent by
    letter dated March 18, 1974 along with instructions for applying
    final cover and a request that the Agency be notified upon completion
    of final cover application. Respondent replied to this letter
    stating that final grading had been completed but, with Agency
    approval, a low area was to be filled with sand, covered and seeded
    to prevent surface runoff. The Agency approved of the filling on
    condition that the sand used be clean and not core sand.
    Thereafter, the Agency visited the site at least six times
    between April 1974 and February 1975. In reports sent to Respondent
    about these visits, Respondent was informed that Agency investigators
    had observed a number of possible violations. Observations included
    the open dumping of refuse, unsatisfactory intermediate cover, accep
    tance of septic tank pumpings, failure to restrict access to the
    site, acceptance of foundry sand, acceptance of waste oil, acceptance
    of barrels containing a highly hazardous liquid, failure to provide
    final cover and failure to obtain an operating permit.
    Group Exhibit 1 to the Stipulation indicates that Respondent
    replied to some of the Agency letters. Others were apparently
    ignored. Respondent stated in one letter that waste oil was used on
    roads to control dust but none was actually dumped at the site. In
    another, Respondent stated that the refuse observed consisted of
    pallets removed from a roll off container in order to weld the con-
    tainer. On the septic tank waste, Respondent stated that he had
    contacted the Environmental Protection Agency and local health
    officials with the “general concensus” being that a permit was not
    required to dispose of such waste since the material consisted of
    60 to 90 water. As to the barrels containing liquid, Respondent
    wrote that a small number of such barrels were placed at the site
    from time to time while awaiting transportation to a chemical company.
    In a letter dated November 8, 1974 Respondent stated that sand
    filling had been completed and “the site is in the final covering
    stages and will be soon finished”. However, in a letter dated over
    four months later Respondent indicated that final grading had not
    been completed. In fact, at least 50 of the site still had not
    19
    756

    —3—
    received proper final cover although application of final cover
    was in process on that date.
    In settlement, Respondent admits violations of Rule 202(b) (1)
    of the Solid Waste Regulations and Section 21(e) of the Environ-
    menta~. Protection Act and for these violations agrees to pay a
    monetary penalty of $500.00. Further, Respondent agrees to
    permanently close its landfill and “upon closing of the site” to
    apply two feet of final cover in accordance with Rule 318 of the
    Solid Waste Regulations.
    Since Respondent had been recalcitrant in securing the re-
    qu~redpermit, several matters must be discussed in support of our
    deoision on this case. It is very clear from the record that the
    Agency made every reasonable effort to assist Respondent in achieving
    voluntary compliance. After the initial permit application was
    denied, Respondent apparently chose to forego any additional effort.
    A monetary penalty is clearly required here, not as a punitive
    measure, but rather to insure that others are not encouraged to
    follow Respondent’s dilatory example.
    From certain items in Group Exhibit 1 it would appear that
    Respondent was engaged in the open dumping of several types of
    refuse, some of which might be hazardous. However, with the ex-
    ception of septic tank waste, Respondent has explained the reasons
    why certain materials were at the site. In the absence of any
    serious Agency rebuttal, the Board is inclined to accept these
    explanations in mitigation. The fact that most of the material
    disposed of at this site consists of nonputrescible waste mitigates
    these violations. It in no way, however, diminishes the statutory
    and regulatory obligations Respondent has ignored.
    On the basis of the foregoing and the Stipulation and Proposal
    for Settlement, which constitutes the entire record in this matter,
    we find that AAA Disposal, Inc. did violate Rule 202(b) (1) of the
    Solid Waste Regulations and Section 21(e) of the Act by operating
    a landfill from July 27, 1974 through April 14, 1975 without the
    necessary operating permit. A penalty of $500.00 is assessed for
    these violations.
    The alleged violation of Section 21(b) of the Environmental
    Protection Act is dismissed for lack of prosecution.
    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:
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    757

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    1. Respondent, AAA Disposal Systems, Inc., is found to have
    violated Rule 202(b) (1) of the Solid Waste Regulations and Section
    21(e) of the Environmental Protection Act, and shall pay the sum
    of $500.00 as a penalty for these violations. Penalty payment
    by certified check or money order payable to the State of Illinois
    shall be made within 35 days of this Order to: Fiscal Services
    Division, Illinois Environmental Protection Agency, 2200 Churchill
    Road, Springfield, Illinois, 62706.
    2. Respondent shall permanently close its landfill site
    within 35 days of the date of this Order if an operating permit
    has not been secured from the Agency.
    3. Respondent shall fully comply with the requirements of
    the Solid Waste Regulations upon closing this site.
    4. The alleged violation of Section 21(b) of the Environ-
    mental Protection Act is dismissed for lack of prosecution.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereb certify the above Opinion and Order were
    adopted on the c~9 day of
    ,
    1976
    by a vote of ~
    ChristanIllinois
    °
    PollutionL.
    Moff~’~~Board
    k
    19—758

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