ILLINOIS POLLUTION CONTROL BOARD
    October 19, 1978
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    PCB 77—289
    )
    EVERETT L. STALEY,
    )
    Respondent.
    MR. JOHN VAN VRANKEN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE
    COMPLAINANT.
    CASSIDY,
    CASSIDY,
    MUELLER & PRICE, ATTORNEYS AT
    LAW
    (MR. RICHARD
    D. PRICE, JR., OF COUNSEL), APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by Mr. Werner):
    This matter comes before the Board on the November 7, 1977
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”) which alleged that Mr. Everett L. Staley operated a
    solid waste management site without an Agency Operating Permit
    from July 27, 1974 until November 7, 1977 in violation of Rule
    202(b) (1) of Chapter 7: Solid Waste Regulations and Section 21(e)
    of the Illinois Environmental Protection Act. A hearing was held
    on May 11, 1978. The parties filed a Stipulation and Proposal for
    Settlement on July 17, 1978.
    The Respondent, Mr. Everett L. Staley, is the co—owner of an
    area of land located near 4705 West Middle Road in Peoria, Peoria
    County, Illinois. During the time period between July 27, 1974
    and November 7, 1977, the property had been used for the deposit
    of construction and demolition waste.
    The stipulated facts reveal that the Respondent has never
    been issued an operating permit from the Agency to conduct a refuse
    disposal operation on the land in question. (Stip., p. 2-3). The
    Respondent applied for such a permit on January 18, 1973 and
    March 12, 1974, but both applications were denied by the Agency.
    (Stip., p. 3). The Complainant has received no citizen complaints
    concerning this solid waste management site. (Stip., p. 3). At
    the time of the May hearing, “some cover material had been applied
    to the area in question.” (Stip.., p. 3).
    31—635
    —2—
    The Stipulation and Proposal for Settlement provides that
    the Respondent shall: (1) cease and desist the violation alleged
    in the Complaint; (2) apply for an Operating Permit from the
    Agency; (3) not operate the refuse disposal area until an
    Operating Permit is granted by the Agency; (4) apply at least
    one foot of cover material to the area pending final action by the
    Agency on the permit application; (5) properly close and cover
    the area in accordance with all applicable Rules and Regulations
    if an Operating Permit is not issued by the Agency within 120 days
    of the date of the Board’s Final Order; and (6) pay a stipulated
    penalty of $250.00
    In evaluating this enforcement action and proposed settlement,
    the Board has taken into consideration all the facts and circum-
    stances in light of the specific criteria delineated in Section
    33(c) of the Act. Incinerator, Inc. v. Illinois Pollution Control
    Board, 59 Ill. 2d 290, 319 N.E. 2d 794 (1974).
    Accordingly, the Board accepts the Stipulation and Proposal
    for Settlement and finds the Respondent in violation of Rule 202
    (b) (1) of Chapter 7: Solid Waste Rules and Regulations and
    Section 21(e) of the Illinois Environmental Protection Act from
    July 27, 1974 until November 7, 1977. The Board imposes the
    stipulated penalty of $250.00
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter..
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1. The Respondent has violated Rule 202(b) (1) of Chapter 7:
    Solid Waste Rules and Regulations and Section 21(e) of the Illinois
    Environmental Protection Act from July 27, 1974 until November 7,
    1977.
    2. Within 35 days of the date of this Order, the Respondent
    shall pay the stipulated penalty of $250.00
    ,
    payment to be made
    by certified check or money order to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    31—636
    —3—
    3. The Respondent shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    July 17, 1978, which is incorporated by reference as if fully set
    forth herein.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify th above Opinion and Order were
    adopted on the
    J~’
    day of
    ________________,
    1978 by a
    vote of ~/_~
    Illinois Pol1ution~ trol Board
    31—637

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