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STATE OF ILLINOIS
SSe
COUNTY OF GRUNDY
BEFORE THE POLLUTION CONTROL BOARD
JUN
2].1977
OF THE STATE OF ILLINOIS
pgOPLE OF THE S'l'ATE OF ILLINOIS
)
and ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Complainants,
)
)
v.
)
)
CONSOLIDATED FREIGRTWAYS
)
CORPORATIOI\' OF DELAWARE, a
)
Delawa~e
corporation, MICHIGAN
)
CHEMIC:\.L ':ORPORA'l'ION, a Delaware }
corporatlon, RED BALL MOTOR
)
FREIGHT, iNC., a Delaware
)
corporation, HULCHER EMERGENCY
)
SERVICE, INC., an Illinois
)
corporation; CITY OF MORRIS,
)
ILLINOIS, \ Municipal corpora-
)
tion, ane. rlLBERT PFAFF, d/b/a
)
PFAFF
COHSTRUCTION,
)
)
R.,.spondents.
)
PCB 76-107
NOT ICE
TO:
~tr.
L. Bruce Goldberg
Hearing Cfficer
5100 West Touhy Avenue
Skokie, Illinois 60076
Mr. Harley
Hut~hins
Mayer, Brmvn & Platt
231 S. LaSalle Street
Chicago, Illinois 60603
Mr. J. Richard Childers
Peterson, Ross, RaIl, Barber
& Seidel
135 South LaSalle Street
Chicago, Illinois 60603
~tr.
Willi~rn
S. Hanley
Soring, Northrup, Hanna,
Cullen & Cochran
820 Illinois Building
Springfield, Illinois 62706
Mr. John L. Parker
Parker & Renss
39 South LaSalle Street
Chicago, Illinois 60603
~tr.
Frank Black
City Attorney - City of !-lorris
Box 148
Morris, Illinois 60450
',;
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l-1r.
Stephen L. Cor.'n
Craig & Craig
1807 Broadway Avenue
Mattoon, IIL .. nois 61938
Mr.
~~h~
N. Rooks
Fynds & Hynds
224-1/2 Libe:ty Str'3et
Mor!is, Illinois 60450
PLgASE TAKE NOTICE that
I
have today filE::ld wi'..:h the
Cle~k
of the Pollution Control Board of t.ile State of Illinois,
a Stipulu tion and Proposal for Se i::tleme',lt, a copy ot
~rbich
i
'3
attached hereto and herewi th sen'sd upo 1 yo\.!.
DATED:
;Jme 21, 1 '?77
PEOPLP.
OF THg STATE OF ILLINOIS,
WILLI.Ml J. SCOTT
Attorney General
State of Illincis
B>;,
¥W~ ~ Il~WL..=
JEFFREY
s.O
HERDEN
Assistant Attorney General
Enviro:,mental Control Division
188 West Rando10h Street
Suite 2315
Chicago, Illinois 60601
[312] 793-2491
1<~il\.ta~~&~1't.~K~:;i::i~f*~~;;"£o:~'t~w~{~ti~$4wt:~t\~~}"i<i"-~~'~~~~\i~~C1j~,;c;,,··
STATE OF !I,LINOIS)
) SS.
COUNTY OF GRUNDY )
BEF.)RE THE POLLUTION CONTROL BOARD
OF 'rHE STATE OF ILI.INOIS
PEOPLE OF THE STATE
OF
ILLINOIS
and ENVIRONMENTAL PROTECTION
AGENCY,
)
)
)
)
COlllplainant, )
v.
)
)
)
CONSOLIDATED FREIGHTWAYS
)
CORPORATION OF DELAWARE, a
)
Delaware corporation; MICHIGAN
)
CHEMICAL CORPORATION, a Delaware
)
corporatloni RED BALL MOTOR
)
FREIGHT, INC., a Delaware
)
corporation; HULCHER EMERGENCY
)
SERVICE, INC.! an Illinois
)
corporation; CITY OF MORRIS,
)
ILLINOIS, a Municipal Corporation,)
and ALBERT PFAFF, d/b/a PFAFF
}
CONSTRUCTION,
)
)
Respondents. )
PCB 76-107
STIPULATION AND PROPOSAL FOR SETTLEMENT
NOW COME Complainants, PEOPLE OF THE STATE OF ILLINOIS and
the ENVIRONI1ENTAL PROTECTION AGENCY of the
~tate
of Illinois, by
WILLI~l
J. SCOTT, Attorney General of the State of Illinois, and
Respondent CITY OF MORRIS, ILLINOIS, a 14unicipal Corporation
t
by
Frank Black, City Attorney, and hereby stipulate for settlement only,
pursuant to Rule 333 of the Procedural Rules of the Illinois Pollution
control Board, the following forms the basis of an agreement between
the aDove-re£erenced parties hereto, and constitutes the recommended
..
*H
-2 -
disposition of the above action with reference to the city of
Morris. The parties further represent that this statement is com-
plete and is not
modif~ed
by any other agreement, orally or in
writing, as of the date of execution.
Stipulated Background Facts
1.
Respondent, City of Morris ("Morris") at all times
pertinent hereto, has been and is now a municipal corporation of
the State of Illinois.
2. Morris, at all times pertinent hereto, has owned a
tract of land located in the Southeast Quarter of the Soutwest Quarter
of Section 35, Township 35 North, Range 7, East of the Third Principal
Meridian in Grundy County, Illinois.
3. The tract of land described in Paragraph 2 above is
used as a landfill, and has been so used since at least November
of 1949.
4. Since August, 1972, Morris retained one Albert Pfaff,
a party to this proceeding, to operate the landfill.
5. On April 12, 1976, a Consolidated Freightways tractor-
trailer combination was involved in an occurrence on Interstate
Route 55, approximately two miles north of Illinois Route 47, in
which approximately 200 quarts of bromine were spilled upon the
ground. Subsequent to this occurrence, Consolidated Freightways
employed Hulcher Emergency Service, Inc. to clean up the bromine.
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Hulcher applied lime and water to the bromine, and, after such appli-
cation, the bromine material, together with other debris from the
occurrence, was transported to the Morris landfill for disposal and
covering.
6.
Sllbsequen-t to April 12, 1976, the bromine material and
related debris was deposited at the Morris landfill. Morris had no
prior knowledge that said bromine would be deposited at its landfill.
Permit Activity
On November 8, 1973, this Board found Morris in violation
of the landfill permit requirements of the Environmental Protection
Act, imposed a $400.00 penalty, and ordered Morris to obtain the
necessary permit.. On DeGenmer 31, 1973, Morris applied to the En-
vironmental Protection Agency ("Agency") for a Development Permit,
which was subsequently issued by the Agency.
On August IS, 1975, the Illinois h\
request of the Agency, filed suit in the
Gl:ur.":;
'y
Circuit Court
for an injunction requiring Morris to comply with the previous order
of this Board, since Morris had not yet obtained the operating per-
mit required by the November 8, 1973 order. That action is still
pending as of the date of this document.
Morris did not obtain the required operating permit until
July 30, 1976.
Alleged Violations
The luuended Complaint herein, filed June 3, 1976, alleged
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in Count III, that Morris caused or allowed the use or operation of
an existing solid waste management site without an operating permit
issued by the Agency, in violation of Rule 202(b) (1) of this Board's
Solid Waste Rules and Regulations, and in violation of Section 21(e)
of the Environmental Protection Act (IIAct
ll
),
Ill. Rev. Stat., ch.
111-1/2, par. 1021(e) (1975).
The Amended Complaint also alleged that Morris caused or
allowed the acceptance of hazardous or liquid wastes at its land-
fill in violation of Rule 310(b} of the Board's Solid Waste Rules
and Regulations
t
thereby violating Section 21(b) of the Act, Ill.
Rey. Stat.
t
ch. 111-1/2, par. l021(b) (1975).
Morris Activity
Morris, prior to the time that the bromine waste was
deposited at. the subject landfill, did not exercise day-to-day
control over the landfills operation. The contract with Albert
Pfaff provided that Pfaff would retain all gate receipts and pay
Morris $1,200.00 per year to operate the landfill.
Since the filing of the Amended Complaint, Morris
elected to revise its control over the operation of the landfill.
From August 16, 1976# until March 28, 1977, Morris retained all
gate receipts and paid $2,640.00 per week to the landfill operator.
From August 16
,
1976
,
t..:> 1.1arch 28
,
1977
,
a
representative of !>1orris
inspected the landfill site daily to insure that no unpermitted
refuse was accepted and to insure that the operation complied with
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the requirements of the Act and Board Regulations concerning solid
\-laste disposal. Since Max-ch 28, 1977 Morris has operated the land-
fill with its own employees.
Violations
The parties hereto agree that the foregoing statements
clearly show that Morris owned and operated a landfill without first
obtaining an operating per.mit from the Agency, in violation of
Rule 202(b) (1) of the Solid Waste Regulations, and in violation of
Section 21(e) of the Act. This violation continued from July 27,
1974 through July 30, 1976.
The parties hereto further agree that the portion of the
Amended Complaint alleging violations of Rule 310(b) of the Solid
Waste Regulations be dismissed with prejudice.
Proposed Settlement
As a result of discovery taken herein and discussions
between the parties to this document, it is hereby stipulated that
the best interests of the public and of the parties hereto will be
best served by the resolution of this enforcement procaeding under
the terms and conditions provided herein. In accordance with the
procedures for settlement prescribed by Rule 333 of the Pollution
Control Board Procedural Rules, the parties offer this statement
of facts and stipulation and the following proposed settlement in
lieu of a full hearing on this matter.
WHEREFORE, IT
~S
HEREBY STIPULATED AND AGREED by and between
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the parties to this document, through their undersigned a"ttorneys that:
1. Respondent, CITY OF MORRIS, be found in violation of
Rule 202(b) of the Solid Waste Regulations, and in violation of
Section 21(e) of the Environmental Protection Act, Ill. Rev. Stat.,
ch. 111-1/2, par. 1021(e) (1975).
2. The allegation of violation of Rule 310(b) of the
Solid Waste Regulations be dismissed with prejudice.
3. A penalty of $750.00 be assessed for the violations
found herein.
4. All admissions and statements, whether oral or written
made in any settlement or any negotiation or discussions of a settle-
ment, are nu!l and void and of no force or meaning and are not ad-
missible before any
jud~_cial
or administrative body, by any body
Clnd for any purpose,
\v j
nin the State of Illinois or otherwise,
except in a proceeding arising out of this enforcement proceeding
PCB 76-107, and in this proceeding only if the settlement agreed to
by the parties is approved by the Board in all respects.
Respectfully submitted,
WILLI~1
J. SCOTT
Attorney General
ENVIRON 'N AL
ROTECTION AGENCY
OF THE STATE OF ILLINOIS
...
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CITY 01" MORRIS
BY:
j/?t1~'~f}
/}~J:
'--
PROOF OF SERVICE
I, RUSSELL VAUGHTER, having been sworn and under oath,
do state that I have this 21st day of June, 1977, served a copy
of the foregoing Notice and Stipulati,n and Proposal for Settlement,
upon the persons to whom said Notice is directed by posting same
in envelopes first class mail and depositing with the United
States Postal Service located at 160 North LaSalle Street, Chicago,
Illinois 60601.
(
SUBSCRIBED AND SWORN TO
before me this 21st
day of June, 1977.
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