ILLINOIS POLLUTION CONTROL BOARD

January 13, 1983

ILLINOIS ENVIRONMENTAL PROTECTION   

)

AGENCY,

Complainant,

)

PCB 80-~209

VILLAGE OF PALESTINE, a municipal

corporation,

Respondent.

MR. JAMES MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

COX, PHILLIPS & WEBER, P.C. (MR. FRANK J. WEBER, OF COUNSEL),

APPEARED ON BEHALF OF THE RESPONDENT.

OPINION AND ORDER OF THE BOARD (by N.E. Werner):

This matter comes before the Board on the November 12, 1980

Complaint brought by the Illinois Environmental Protection Agency

(“Agency”).

Count I of the Complaint alleged that, from January 1, 1978

until November 12, 1980 (including, hut not limited to, January 31,

1978; April 11, 1979; May 23 1979; July 12, 1979; September 6,

1979; and October 16, 1979), the Respondent conducted unauthorized

refuse disposal activities on property north of, and adjacent to,

its ten acre landfill site located about two miles south southwest

of the Village of Palestine (“Village”) and 

1½

miles west of State

Route One in Crawford County, Illinois (“municipal site”).

These unauthorized disposal activities were in violation of

Standard Condition #2 of the Respondent’s Operating Permit

No, 1971-18; thereby violating Rules 201, 202(a), 301, and 302

of Chapter 7: Solid Waste Regulations (“Chapter 7”) and Sec-

tion 21(b) now redesignated Section 21(a) and Section 21(e)

now redesignated Section 21(d) of the Illinois Environmental

Protection Act (“Act”).

Count II alleged that, from November 1, 1978 until November 12,

1980 (including, but not limited to, November 1, 1978; January 31,

1979; and April 11, 1979), the Village failed to properly compact

and spread all refuse at its municipal site in violation of

Rules 301 and 303(b) of Chapter 7 and Section 21(b) now Section

21(a) of the Act.

Count III alleged that, intermittently from February 1, 1978

until November 12, 1980, the Respondent failed to place adequate

5 1-06

daily cover on the municipal site in violation of Rules 301 and

305(a) 

Chapter 7 and Section 21(b) now Section 21(a) of

the Act,

Count IV alleged that, intermittently from April 1, 1979

until November 12, 1980 (including, but not limited to, April 11,

1979), the Village allowed the open burning of refuse at the

municipal site in violation of Rule 502(a) of Chapter 2: Air

Pollution Regulations (“Chapter 2”); Rules 301 and 311 of Chapter

7; and Section 9(c) and Section 21(h) now Section 21(a) of the Act.

Count V alleged that, from January 1, 1978 until November 

12,

1980 (including, but not limited to, February 8, 1978; May 9,

1978; September 6, 1979; and October 16, 1979), the Respondent

conducted unauthorized refuse disposal operations on property

near State Route 33, one—half mile northwest of the Village of

Palestine (“Route 33 site”) without the necessary permits from

the Agency in violation of Rules 201 and 202(a) of Chapter 7

and Section 21(e) now Section 21(d) of the Act.

Count VI alleged that, intermittently from January 1, 1978

until November 12, 1980 (including, hut not limited to, February 8,

1978; May 9, 1978; and September 6, 1979), the Village failed to

place adequate daily cover on exposed refuse at the Route 33 site,

in violation of Rules 301 and 305(a) of Chapter 7 and Section 21(h)

now Section 21(a) of the Act.

Count VII alleged that, intermittently from January 1, 1978

until November 12, 1980 (including, but not limited to, February 8,

1978; May 9, 1978; April 11, 1979; May 23, 1979; September 6, 1979;

and October 16, 1979), the Respondent allowed the open burning of

refuse at the Route 33 site in violation of Rule 502(a) of Chapter 2;

Rules 301 and 311 of Chapter 7; and Section 9(c) and Section 21(b)

now Section 21(a) of the Act.

Count VIII alleged that, from January 1, 1980 (including,

but not limited to, July 9, 1980), the Respondent engaged in open

burning of refuse at a gravel pit northeast of the Village of

Palestine near Walnut Street (“Walnut Street site”) in violation

of Rule 502(a) of Chapter 2; Rules 301 and 311 of Chapter 7; and

Section 21(b) now Section 21(a) of the Act.

Count IX alleged that the Respondent conducted its operations

at the Walnut Street site without the requisite Agency permits

in violation of Rules 201 and 202(a) of Chapter 7 and Section 21(d)

of the Act.

On October 14, 1982, the Board entered an Order which attempted

to expedite proceedings in this case, A hearing was held on

November 29, 1982 and the parties filed a Stipulation and Proposal

for Settlement on December 1, 1982.

The proposed settlement agreement provides that the Respondent

admits the violations as charged in Counts I, II, III,IV, VIII, and

5 1-07

IX of the Complaint and agrees to: (1) apply two feet of final

cover to the municipal site and Walnut Street site within 120

days of the date of the Board’s Order in this case; (2) cease

and

desist from further violations; and (3) pay a stipulated

penalty of $500.00. (Stip. 9—10). The Agency has agreed that

it is appropriate to dismiss Counts V, VI, and VII of the Complaint

which pertain to alleged violations at the Route 33 site. (Stip. 9).

In evaluating this enforcement action and proposed settlement

agreement, the Board has taken into consideration all the facts

and

circumstances in light of the specific criteria delineated

in Section 33(c) of the Act. The Board finds the settlement agree-

ment acceptable under Procedural Rule 331 and Section 33(c) of the

Act.

The Board finds that the Respondent, Village of Palestine,

has violated Rules 201, 202(a), 301, 302, 303(b), 305(a), and

311 of Chapter 7: Solid Waste Regulations; Rule 502(a) of

Chapter 2: Air Pollution Regulations; and Section 9(c); Section

21(b) now Section 21(a); and Section 21(e) now Section 21(d)

of the Act. The Respondent will be ordered to cease and desist

from further violations; promptly place the appropriate final

cover on the municipal site and the Walnut Street site; and pay

the stipulated penalty of $500.00.

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,  Respondent, Village of Palestine, has violated Rules 201,

202(a), 301, 302, 303(b), 305(a), and 311 of Chapter 7: Solid

Waste Regulations; Rule 502(a) of Chapter 2: Air Pollution

Regulations; and Section 9(c); Section 21(b) now Section 21(a);

and Section 21(e) now Section 21(d) of the Act.

2.  The Respondent shall cease and desist from all further

violations.

3.  Within 120 days of the date of this Order, the Respondent

shall place the requisite final cover on the municipal site and

the Walnut Street site.

4.  Counts V, VI, and VII of the Complaint are hereby

dismissed.

5.  Within 30 days of the date of this Order, the Respondent

shall, by certified check or money order payable to the State of

Illinois,

pay a stipulated penalty of $500.00, which is to be

sent to:

5 1-08

—4—

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

6.  The Respondent shall comply with all the terms and

conditions of the Stipulation and Proposal for Settlement filed

on December 1, 1982, which is incorporated by reference as if

fully set forth herein,

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

Control Board, hereby cqrtify that ttle above Opinion and Order

was adopted on the

J.3~’

day ~

1983 by a vote of ~.

Christan L. Moft~K,j Clerk

Illinois Poilution~ontrol Board

51-09