ILLINOIS POLLUTION CONTROL BOARD

June

18, 1976

PEOPLE

OF THE STATE OF ILLINOIS,

)

)

Complainant,

v.

)

PCB 76—7

)

BEVERLY BANK, a/t/u Trust No. 8-1696,

)

)

Respondent.

Mr. James L. Dobrovolny,

Assistant

Attorney General, appeared on

behalf of the Complainant;

Mr. Sheldon Belofsky, Attorney, appeared on behalf of the Respondent.

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

The original Complaint in this matter was filed on Jan. 7, 1976,

alleging that Chicago Bulk Equipment, Inc., and the Worth Bank &

Trust Company, as trustee under Trust No. 1115, had violated Sections

21(b) and 21(e) of the Environmental Protection Act (Act) and Rules

202(b) and 305(c) of Chapter 7: Solid Waste, of the Board’s Rules

and

Regulations. Ill. Rev. Stat., Ch. 111—1/2, §S 1D21(b), 1021(e)

(1975; Ill. PCBI ~gs., Ch.

7,

Rules 202(b), 305(c) (1973). The

People’s Motion for Leave to File an Amended Complaint, dismissing

both Chicago Bulk Equipment and the Worth Bank, was filed on Feb. 13,

1976, and allowed in an Interim Order entered by the Board on Feb. 26,

1976; that Amended Complaint named the Beverly Bank, a/t/u ~rust No.

8-1696, as Respondent.

At a hearing held in Chicago on April 13, 1976, the attorney

for Respondent Beverly Bank and the beneficiaries of Trust No. 8-1696

admitted to “technical” violation of the permit and cover requirements

for solid waste disposal sites, as alleged in the Complaint,

(R,

7,

40),

but refused to stipulate to the imposition of a penalty. Respondent

admits both that the material in question was deposited without the

permit required under § 21 Ce) and Rule 202 (b), and that it was not

properly covered, as required under Rule 305(c) and § 21(b).

Respondent noted that there was no showing that it even knew

of the dumping on its property. Once notified of the problem,

Respondent caused the previously dumped materials to be properly

covered, and “no dumping” and “no trespassing” signs to be posted,

(e.g., R. 37). Respondent also pointed out that the record does

not show evidence of environmental damage.

22—161

---

—2—

In aggravation, the People merely showed that the site in

question, located in Lansing, Illinois, did not previously have

fences or “no dumping” signs, and that considerable quantities of

refuse and garbage had been dumped

--

by the truckload

--

at the

site, (Ex. B-H). The Attorney General merely stated that $250

would serve as a minimal penalty useful as a warning to others,

(R. 39).

We determine that no penalty would be appropriate here. In

reaching this decision, we are moved by three factors:

(1) The site in question is now in full compli-

ance with all applicable requirements under the Act

and our Rules;

(2) The lack of indication of environmental

damage resulting from the admitted violations;

(3) Respondent achieved that compliance immedi-

ately after being notified of the instant problem, in

an apparent show of good faith.

We shall instead order Respondent to cease and desist all

violation of the applicable Regulations. This should be sufficient

to assure compliance with the Act and our Regulations in the future.

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that:

1. Respondent Beverly Bank, as trustee under Trust No. 8—1696,

is found to have allowed violations of the applicable permit and

final cover requirements at a solid waste management site in Lansing,

Illinois, in violation of Sections 21(b) and 21(e) of the Environmental

Protection Act and Rules 202(b) and 305(c) of Chapter 7: Solid Waste,

of the Pollution Control Board Rules and Regulations.

2. Respondent shall cease and desist such violations.

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

Control Board, hereby certify the above Opinion and Order were

adopted on the ~

day of

~

,

1976, by a vote of

_____

CQ&~nL.Mof&fl~K

Illinois Pollution Con rol Board

22—162