ILLINOIS POLLUTION CONTROL BOARD

March 25, 1976

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Complainant,

)

v.

)

PCIB 75—279

DONALD KODRICK, DONALD KUBINSKI, and

)

LEONARD KUBINSKI,

)

)

Respondents.

Mr. Marvin Medintz, Assistant Attorney General, appeared.

on behalf of Complainant.

Mr. Joseph Polito appeared on behalf of Respondents.

OPtNION

AND

ORDER OF THE BOARD (by Dr. Satchell):

The Environmental Protection Agency (Agency) originally

filed a complaint on July 21, 1975 against First National

Bank of Joliet as Trustee under Trust No. 842 regarding this

cause. On August 26, 1975 the Agency filed an amended com-

plaint substituting Donald Kodrick, Donald Kubinski and

Leonard Kubinski, the beneficial owners and users of the

land in question, as Respondents rather than the First

National Bank of Joliet. The Amended Complaint charges

Respondents with violating Rule 202(b) (1) of the Pollution

Control Board’s Solid Waste Rules and Regulations and

Section 21(b) and 21(e) of the Environmental Protection

Act by having operated a solid waste management facility of

approximately one acre since July 27, 1974 in Will County,

Illinois.

At a hearing on November 24, 1975 a Stipulation and

Proposal for Settlement was presented. There was no citizen

comment or other testimony presented at the hearing. The

facts and agreement stipulated are as follows.

Respondents are beneficial owners of a site of approxi-

mately one acre bordered by Route 171 on the east, and by

Northern Drive on the north, located in Section 13, Township

36 North, Range 10 East, Will County, Illinois. This site

has been used since August 7, 1973 for the deposition of

trees, dirt, building debris and discarded household articles.

The site was not available to the general public. Respondents

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admit having operated the site and that this was done

without obtaining an operating permit from the Agency

which is a violation of 202(b) (1) of the Board’s Solid

Waste Regulations.

Respondents have terminated use of the site and were

in the process of placing final cover in accordance with

Rule 305(c) of the Solid Waste Regulation and that com-

pletion will have taken place by January 1, 1976. Respon-

dents agree not to use the site for refuse disposal without

obtaining the required permit and to pay a civil penalty of

$750 for the violations charged.

The Board finds that Respondents, Kodrick, Dubinski

and Kubinski, were in violation of Rule 202(b) (1) of the

Board’s Solid Waste Regulations and of Section 21(e) of

the Act. The allegation of violation of Section 21(b) is

dismissed for lack of prosecution. See E.P.A. v. E. & E.

Hauling, Inc., PCB 74—473 (1975)

The Board is required to consider the criteria of

Section 33(c) of the Act in reaching its decision. Based

upon the admitted and stipulated facts, the Board finds

the agreement and penalty to be justified in light of

the degree of injury, social and economic value of the

facility, site suitability, technical practicability and

economic reasonableness of abatement. The Board accepts

the stipulation and proposal for settlement.

This constitutes the Board’s findings of facts and

conclusions of law.

ORDER

It is the order of the Pollution Control Board that:

1. Respondents, Donald Kodrick, Donald Kubinski and

Leonard Kubinski, were in violation of Rule 202(b) (1)

of the Board’s Solid Waste Regulation and of Section

21(e) of the Act.

2. The portion of the Complaint alleging violations of

21(b) of the Act is dismissed.

3. Respondents, Donald Kodrick, Donald Kubinski, and

Leonard Kubinski, shall refrain from further use of

the site for deposition of refuse without first

obtaining a permit from the Agency. Final cover

shall be placed on the site in accordance with

Rule 305(c) of the Solid Waste Regulations.

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4. Respondents shall pay a penalty of $750 for the

above named violations. Payment shall be by

certified check or money order to the State of

Illinois, Fiscal Services Division, 2200 Churchill

Road, Springfield, Illinois 62706, within 30 days

of adoption of this order.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereb~certify the abov Opinion and Order

were adopted the~’~’ day of

___________,

1976 by a vote

of

__________

Christan L. offet

,

lerk

Illinois Pollutia ntrol Board