ILLINOIS POLLUTION CONTROL BOARD
    March 25, 1976
    ENVIRONMENTAL PROTECTION AGENCY
    )
    of the State of Illinois,
    Complainant,
    )
    v.
    )
    PCB 75—394
    )
    CHEESEMAN CONSTRUCTION COMPANY,
    )
    a Delaware Corporation, and
    )
    MRS. HOWARD RICE, anindividual,
    )
    Respondents.
    Ms. Dorothy J. Howell, Assistant Attorney General, appeared
    on behalf of the Complainant.
    Mr. James J. Madden appeared on behalf of the Respondents.
    OPINION AND
    ORDER
    OF THE BOARD: (by Dr. Satchell)
    The Illinois Environmental Protection Agency (Agency) filed
    a complaint against Cheeseman Construction Company (Cheeseman)
    on October 10, 1975. The Agency subsequently filed an amended
    complaint on October 24, 1975 against both Cheeseman and Mrs.
    Howard Rice. It was alleged that Mrs. Rice owned and that
    Cheeseman operated a refuse disposal site in Stephenson County,
    Illinois, without an operating permit on a continuous basis
    since on or about July 26, 1974 in violation of the Illinois
    Pollution Control Board’s Rules and Regulations, Chapter 7:
    Solid Waste, Rule 202(b) and Section 21(b) and 21(e) of the
    Environmental Protection Act, Ill. Rev. Stat. Ch. ill 1/2,
    S1021(e) (1973).
    A request for Admission of Fact was filed by the Agency on
    November 12, 1975. This request was unanswered by Respondent
    Rice. Therefore, the facts of the request are deemed admitted,
    under the Board’s Procedural Rule 314. Thus, Respondent Rice
    admits ownership of the site at issue, her leasing the site to
    Cheeseman, and use of the site for the deposition of solid
    wastes and discarded materials as well as receipt of notice of
    the violations.
    20—
    369
    —2—
    Cheeseman responded to the request admitting operation
    of the solid waste management site since on or about July 27,
    1974 without an operating permit. Cheeseman stated in
    mitigation that the deposited materials consisted only of
    non-organic materials, dirt, rock, crushed rock and brick
    from Cheeseman construction sites and that the total volume
    was 3,200 cubic yards deposited during the course of no more
    than 85 days. Use of the site has been discontinued since
    December 1, 1975. The Agency submitted that the Cheeseman
    deposits were demolition wastes consisting of cardboard,
    metal, plasterboard, wood, paper, concrete, dirt, rock,
    crushed rock and brick.
    Prior to the filing of the complaint seven letters of
    notification of violation were sent to Cheeseman.
    A Stipulation of Facts and Proposal for Settlement
    was presented at the hearing. There was no further testimony
    or public comment.
    The parties’ agreement proposes that Cheeseman will
    refrain from use of the waste management site until a permit
    is obtained. The application for the permit will be filed
    no later than thirty days after entry of a final order by the
    Board. Within 120 days Cheesenian shall obtain the permit and
    comply with all applicable conditions therein.
    If Cheeseman elects not to obtain a permit, respondent
    will refrain from further use of the site and will cover the
    site in accordance with Regulations no later than 120 days
    after entry of a final order. This Settlement Proposal is
    acceptable to the Board.
    Respondents Cheeseman and Rice agree to be jointly and
    severally liable for a penalty of $750.
    The Stipulation of Facts and Agreed Settlement by the
    parties is found adequate under Rule 333 of our Procedural
    Rules (E.P.A. v. City of Marion, I PC.B. 591).
    The Board finds the conditions of the settlement to be
    justified in light of the criteria of Section 33(c) of the
    Environmental Protection Act, i.e. the degree of injury,
    social and economic value of the facility and site, technical
    practicability and economic reasonableness of compliance.
    The Board finds that Respondents Cheeseman and Rice were
    in violation of Rule 202(b), Chapter 7 of the Board’s Solid
    Waste Regulations and of 21(e) of the Environmental Protection
    Act. A violation of 202(b) does not constitute a violation of
    21(b) of the Act and that portion of the Complaint is dismissed.
    See E.P.A. v. E. & E. Hauling, Inc., PCB 74—473 (1975).
    20—370
    —3—
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    It is the order of the Pollution Control Board that:
    1. Respondents, Cheeseman Construction Company and Mrs.
    Howard Rice, were found to have violated Rule 202(b),
    Chapter 7, Solid Waste Regulations and Section 21(e)
    of the Environmental Protection Act.
    2. Respondents will either apply within 30 days and obtain
    an operating permit within 120 days for the refuse
    disposal site in question or will put on a final cover
    in accordance with regulations within 120 days of this
    order.
    3. Respondents, Mrs. Howard Rice and Cheeseman Construction
    Company, shall be jointly and severally liable for a
    penalty of $750. Penalty payment shall be by certified
    check or money order made payable to:
    State of Illinois
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois 62706
    Payment shall be made no later than 30 days after
    adoption of this order.
    4. The portion of the Complaint alleging violations of
    Section 21(b) of the Act is dismissed.
    Mr. Jacob Dumelle concurred.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Op ion and Order
    were adopted on the
    ~
    day of I))
    ,
    1976 by a
    vote of
    _________
    Christan L. Moff
    Clerk
    Illinois Polluti ontrol Board
    20—371

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