ILLINOIS POLLUTION CONTROL BOARD
October 9, 19)3
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
PCB 75—240
RUSSELL SHEPPARD, 6/b/a L & S
LANDFILL,
Respondent.
Mr
•
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
4
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
19
44
(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
b.
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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45