ILLINOIS POLLUTION CONTROL BOARD

October 10, 1985

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

)

V.

PCB 84—76

ROCKFORD

SPEEDWAY, INC., an

illinois corporation; and

HUGH

DEER!,

Respondents.

MR. JOSEPH 7. ANNUNZIO, ASSISTANT ATTORNEY GENERAL, APPEARED

ON

BEHALF OF THE COMPLAINANT.

GILBERT, VEECHIE & NATALE (MR. LOUIS R. GILBERT, OF COUNSEL)

APPEARED ON BEHALF OF THE RESPONDENTS.

OPINION AND

ORDER OF THE BOARD (by W.J. Nega):

This matter comes before the Board on the June 14, 1984

Complaint brought by the Illinois Environmental Protection Agency

(Agency). Count I of this three—count Complaint alleged that the

Respondents caused or allowed the open dumping of garbage and

other refuse into a ditch near the Rockford Speedway parking lot

from July 2, 1974 until November 29, 1976 and into a nearby sand

and gravel quarry from February 19, 1981 until June 14, 1984 in

violation of Section 21(a) of the Illinois Environmental

Protection Act (Act). Count II alleged that the Respondents

caused or allowed the ditch to be used for the disposal of waste

from July 2, 1974 until November 29, 1976 and allowed the quarry

to be used for the disposal of waste from February 19, 1981 until

June 14, 1984 without first obtaining the development or

operating permits from the Agency in violation of Rules 201 and

202(a) of Chapter 7: Solid Waste Regulations (now 35 Ill. Adm.

Code 807.201 and 35 Ill.Adm. Code 807.202) and Section 21(d) of

the Act. Count III alleged that, from November 10, 1981 until

June 14, 1984, the Respondents failed to place adequate daily

cover on exposed refuse at the quarry disposal site and failed to

provide fencing, gates or other measures sufficient to control

access to the quarry disposal site in violation of Rules 301,

305(a), and 314(c) of Chapter 7: Solid Waste Regulations (now 35

Ill. Adm. Code 807.301, 35 Ill. Adm. Code 807.305, and 35 Ill.

Adm. Code 807.314) and Sections 21(a) and 21(d) of the Act.

66.11

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—2—

On June 13, 1985, the Agency filed a motion to dismiss the

deceased Hugh Decry as a Respondent in this case. On June 27,

1985, the Board entered an Order dismissing Hugh Decry as a

Respondent in this action.

The parties filed a Stipulation and Proposal for Settlement

on June 27, 1985 and a hearing was held on August 27, 1985.

The Respondent Rockford Speedway, Inc., an Illinois

corporation, exercises control over a parcel of real estate

located in Loves Park, Winnebago County, Illinois off Route 173

which is commonly known as the Rockford Speedway. The former

Respondent in this case, Mr. Hugh Decry, was the President of

Rockford Speedway, Inc. and since February 1, 1980 was the

beneficiary of Land Trust No. 3932. Mr. Decry, who died on

July 14, 1984, was dismissed as a Respondent in this case on June

27, 1985. His surviving widow, Mrs. Josephine Decry, is

currently the President of Rockford Speedway, Inc. and a

beneficiary of Land Trust No. 3932. (Stip. 2). Since

February 1, 1980, Rockford Speedway, Inc. has exercised control

over a parcel of real estate immediately to the west of the

Rockford Speedway on which a former sand or gravel pit (quarry)

was located. (Stip. 3). This quarry property is also held in a

trust by the First National Bank and Trust Company of Rockford,

Illinois as Trustee and known as Land Trust No. 3932 (trust

property). (Stip. 3—4).

The Respondent Rockford Speedway, Inc. has admitted that:

(1) since February 19, 1981, it allowed the open dumping of waste

and refuse (including broken asphalt, demolition debris, and, on

occasion, some junk household appliances and household trash) at

the eastern edge of the quarry in violation of Section 21(a) of

the Act; (2) since February 19, 1981, it allowed the quarry to be

utilized for waste disposal without first obtaining the necessary

authorization via an Agency development or operating permit in

violation of 35 Ill. Mm. Code 807.201, 35 Ill. Mm. Co*3e 807.202

and Section 21(d) of the Act; and (3) since November 10, 1981, it

failed to place the requisite daily cover on exposed refuse at

the quarry disposal site and failed to provide fencing, gates, or

other measures sufficient to control access to the site in

violation of 35 Ill. Adm. Code 807.301, 35 Ill. Mm. Code

807.305, 35 Ill. Mm. Code 807.314 and Sections 21(a) and 21(d)

of the Act. Accordingly, the proposed settlement agreement

provides that the Respondent Rockford Speedway, Inc. admits the

aforementioned violations and agrees to pay a stipulated penalty

of $1,000.00 (Stip. 3—4).

In mitigation, it is noted that the Rockford Speedway has,

in the past, experienced a severe erosion problem with the

parking lot which is located adjacent to the sand and gravel

quarry and the Respondent has asserted that the dumping of fill

at the adjacent edge of this quarry was partially done to help

control erosion. (Stip. 5). Most of the refuse that was

observed by Agency inspectors has been non—putrescible and

66-12

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—3—

noncombustible, and the Respondent has contended that “some

instances of dumping occurred without permission”. (Stip. 5).

On the other hand, it is stated that Agency personnel had

previously informed the Respondents on several occasions that

daily cover, restriction of access, and the Agency permits were

required to use the site. Now that the management of the

Rockford Speedway has changed hands, the Respondent is “planning

to apply for a landfill permit from the Agency in order to

protect the Rockford Speedway property from further erosion

damage”. (Stip. 5). The Agency has also indicated that “a

considerable amount of cover had been placed on the site” before

the filing of the proposed settlement agreement. (Stip. 5).

The proposed settlement agreement provides that the

Respondent admits the violations alleged in the Complaint and

agrees to: (1) cease and desist from further violations by not

causing or allowing the dumping, depositt or disposal of refuse at

the quarry site unless and until an Agency permit has first been

obtained to develop and operate a solid waste management site;

(2) erect sufficient fencing and gates to control access to the

quarry dumping area adjacent to the Rockford Speedway parking lot

within 90 days of the date of the Board’s Order in this case;

(3) expeditiously “grade the quarry dumping area adjacent to the

Rockford Speedway parking lot to a 2:1 slope; place compacted

soil cover material on the slope so as to form a compacted layer

of not less than two feet with a top layer suitable to establish

and support vegetative growth and seed the covered area with

fescue or a similarly appropriate erosion control grass” unless a

solid waste management site permit is obtained for the site from

the Agency within 240 days of the date of the Board’s Order in

this case; and (3) pay a stipulated penalty of $1,000.00 into the

Environmental Protection Trust Fund within 90 days of the date of

the Board’s Order. (Stip. 5—7).

Additionally, Mrs. Josephine Deery, on behalf of the Land

Trust No. 3932, has agreed “that permission is granted to

Rockford Speedway, Inc. to enter on the Land Trust Property for

the purpose of carrying out” the terms of the proposed settlement

agreement and the Board’s Order in PCB 84—76 effectuating said

conditions. (Stip. 6).

In evaluating this enforcement action and proposed

settlemeot 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 and finds the settlement

agreement acceptable under 35 Ill. Ada. Code 103.180.

The Board finds that the Respondent, Rockford Speedway,

Inc., has violated 35 Ill. Ada. Code 807.201, 807.202, 807.301,

807.305, and 807.314 and Sections 21(a) and 21(d) of the Act.

The Respondent will be ordered to follow the agreed—upon

compliance plan, cease and desist from further violations, and to

pay a stipulated penalty of $1,000.00 to the Environmental

Protection Trust Fund.

00-13

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This Opinion constitutes the Board~sfindings of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board

that:

1. The Respondent, Rockford Speedway, Inc., has violated

35 Ill, Mm. Code 807.201, 807,202, 807.301, 807.305,

and 807.314 and Sections 21(a) and 21(d) of the Illinois

Environmental Protection Act,

2. The Respondent shall cease and desist from all further

violations.

3, Within 90 days of the date of this Order, the Respondent

shall, by certified check or money order payable to the

State of Illinois and designated for deposit into the

Environmental Protection Trust Fund, pay the stipulated

penalty of $1,000.00 which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

4, The Respondent shall comply with all the terms and

conditions of the Stipulation and Proposal for

Settlement filed on June 27, 1985, which is incorporated

by reference as if fully set forth herein.

IT IS SO ORDERED,

I, Dorothy M, Gunn, Clerk of the Illinois Pollution Control

Board hereby certify that the above Opinion and Order was adopted

on the

/ô~

day of

__________

__________,

1985 by a

vote of 7-~

Illinois Pollution Control Board

6644