ILLINOIS POLLUTION CONTROL BOARD

October 9, 19)3

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

PCB 75—240

RUSSELL SHEPPARD, 6/b/a L & S

LANDFILL,

Respondent.

•

Steven Watts, Assistant Attorney General, appeared for the

Complainant.

Mr. Russell Sheppard appeared Pro Se.

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

The Environmental Protection Agency (Agency) filed a complaint

on June 13, 1975, alleging that Russell Sheppard, d/b/a L 

& S

Landfill

(Respondent) operated a solid waste management site located in Section

of Williamson County without an Agency operating permit, in viola-

tion of Section 21(e) of the Environmental Protection Act (Act), and

Rule 202(b) (1) of the Solid Waste Rules

and

Regulations (Solid Waste

Rules). The Agency 

filed an

Amended Complaint on July 30, 1975,

charging Respondent with allegedly failing to place either an inter-

mediate site cover as required by Rule 305(b) of the Solid Waste

Rules, or, alternatively, a final cover as required by Rule 305(c)

of the Solid Waste Rules, on another solid waste site it allegedly

operated in Section 33 of Williamson County. A hearing was held on

August 28, 1975.

At the hearing the parties entered a Stipulation of Facts and

a Settlement Agreement. No other testimony or 

citizen comments

was

presented. Respondent stipulated that he operated the solid waste

management site loaated in Section 4 without an Agency operating

permit. Respondent stipulated that he possessed since April 1971

an Agency operating permit for the site located in Section 33. Re-

spondent agreed as a settlement measure to apply a final cover to

the site located in Section 33 within 60 days of September 1, 1975

(R.3), and thereby admitted inferentially, to a violation of Rule

305(c) of the Solid Waste Rules.

The Board finds that the Respondent has violated Section 21(e)

of the Act and Rule 202(b) (1) of the Solid Waste Rules by failing to

secure an Agency operating permit for the solid waste management site

located in Section

4. The Board further finds that Respondent has

19—43

(2)

violated Rule 305(c) of the Solid Waste Rules by failing to apply a

final cover to the solid waste management site located in Section 33.

While Respondent has clearly violated the permit requirements

of the Act and Solid Waste Rules at his Section 4 site, the

Settlement Agreement fails to specify remedial actions for this

violation. The required action is obvious. Therefore, the Board

orders Respondent to secure the necessary Agency operating permit

within 120 days or close this solid waste management site.

The Board, after considering the Record, accepts the parties~

settlement agreement, with the additional requirement to obtain an

operating permit for the site located in Section 4, The Board must

also consider the requirements of Section 33(c) of the Act in reaching

a decision. The Board has considered the Section 33(c) criteria

(character of injury,social—economic value, suitability of location,

and technological practicability—economic feasibility of control), in

relation to the Recordand the admission of violations and compliance

measures contained therein, The Board finds that based on these

criteria the imposition of the stipulated penalty of $650 is justified

as a method to secure compliance with the Act and the Solid

Waste Rules.

Respondent has advanced information on his financial condition

in mitigation of the stipulated penalty.

Respondent~sviolation of the Act and Solid Waste Rules at both

of his solid waste management sites demonstrates, at the least, a

careless disregard towards compliance with the law. Given the nature

of the violation at two sites, a penalty higher than $650 would be

warranted absent the Settlement and the mitigating circumstances.

Therefore the Board finds, that the stipulated penalty of

$650 is justified in view of Respondent~s financial condition.

Because of the financial condition of Respondent, the Board will

not require a bond and will allow Respondent 90 days to pay the

penalty.

This opinion constitutes the findings of fact and conclusions

of law of this Board,

ORDER

IT IS THE ORDER OF THE POLLUTION CONTROL BOARD THAT:

1.  Russell Sheppard, d/b/a/ L 

S Landfill, in

Williamson County, violated Section 21(e) of

the Act, and Rule 202(b) (1) of the Solid Waste

Rules and Regulations by operating a waste manage-

ment site in Section 4 of Williamson County

(3)

without an Agency 

operating permit; 

and

also

violated Rule 305(c) of the Solid Waste Rules

and Regulations by failing to apply a final cover

at a solid waste management site located in Section

33 of Williamson County.

2.  Russell Sheppard, d/b/a/, L & S Landfill, shall

cease and desist in the aforesaid violation by:

a,  Discontinuing all refuse disposal activities

at the Section 4 site unless an appropriate

Agency operating permit is applied for

within 30 days of the Board Order, and

secured within 120 days of the Board Order

Applying final cover at the Section 33

site in accordance with Rule 305(c) of the

Solid Waste Rules and Regulations, within

sixty (60) days of September 1, 1975 in

accordance with the parties~ settlement

agreement.

3.  Russell Sheppard, d/b/a/ L 

S Landfill should

pay a penalty of $650 for his violations 

of

the

Act and Solid Waste Rules and Regulations.

Payment shall be by certified check or money

order made payable to the State of Illinois,

Fiscal Services Division, Environmental Protection

Agency, 2200 Churchill Road, Springfield, Illinois

62706, Payment shall be tendered within 90 days

of this adoption of this Order,

I~, Christian L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the 

________

day of October, 1975 by a vote of

Christan L. MOffe  

ler

Illinois Pollution ntrol Board

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