ILLINOIS POLLUTION CONTROL BOARD
    February 27,
    1975
    ENVIRONMENTAL PROTECTION AGENCY
    Complainant,
    )
    )
    v.
    )
    PCB 74-395
    CITY OF CHILLICOTHE
    )
    Respondent.
    )
    Mr.
    Anthony Cameron, Assistant Attorney General, appeared on behalf of
    the Complainant.
    Mr.
    James
    0.
    Christy, appeared
    on
    behalf of
    the Respondent.
    OPINION AND ORDER of the Board
    (by Mr.
    Zeitlin)
    The complaint in this matter was filed
    by the Attorney General
    for the Environmental Protection Agency (Agency) on October
    29,
    1974.
    The complaint alleges that Respondent, City of Chillicothe,
    conducted
    operation of
    a solid waste management site without the required per-
    mit from the Agency
    in violation of Section 21(e)
    of the Environmental
    Protection
    Act, and Rule 202(b)(l) of the Boardts Solid Waste Rules
    and Regulations.
    The Agency filed
    a Request for Admission on November 1,
    1974 in
    ~*ichRespondent ~~asasked
    to admit facts pertinent to the matter.
    These admissions, which were
    in fact made, were:
    1)
    that Chflhicothe
    did not at any time between July 27,
    1974 and October
    24, 1974 possess
    a solid waste management site permit from the Agency;
    and 2)
    that Chill-
    icothe did in fact operate
    a solid waste management site.
    The site
    in question, located
    in Peoria County,
    has been closed
    since the inception of this action.
    At
    a hearing in the matter held on December 20, 1974,
    the parties
    stated that there were no disputes of
    fact, and entered
    a Stipu1atior~
    and Proposed Settlement at that time.
    That Stipulation and Proposal
    for Settlemer~tform the basis of this Opinion.
    Section 21(e)
    of the Environmental Protection Act prohibits the
    operation of any refuse collection or refuse disposal
    operation with-
    out
    a permit granted by the Agency; Rule 202(b)(l) of the Boardbs Solid
    Waste
    Regulations requires such permit for existing solid waste manage-
    ment sites.
    Chillicothe
    has admitted to violations of these provisions
    of the Act and Regulation.
    Further,
    Chillicothe has agreed to ‘properly
    close the subject site, which site
    is already closed and locked, and not
    to again operate the said site until such time
    as
    a permit therefore
    shall
    issue~..” Although it
    is not clear
    in
    the Stipulation,
    the Board
    15
    —
    603
    —2-
    must assume that the ~proper”
    closure of the site~as a.greed to by the
    parties, will
    be made in contemplation of Rule 318 of the Board’s Solid
    Waste Regulations, and all other Regulatory provisions f6r the closure
    of
    a solid waste management site.
    Should the required permit be issued
    by the Agency,
    of course,
    final
    closing Regulations would not be appli-
    cable.
    In the Stipulation and Proposal
    for Settlement
    in this matter
    Chillicothe
    has also agreed
    to payment of a $1,000 penalty for its
    admitted violations.
    Insofar as the Agency
    has approved the Stipula-
    tion in
    this matter,
    and noted Chillicothe’s good faith
    in the record
    generated at hearing, such
    a provision for penalty is acceptable to
    the Board.
    This Opinion constitutes
    the findings of fact and opinion of law
    of the Board
    in this matter.
    ORDER
    It is the Order of
    the Pollution Control Board
    that;
    1.
    Respondent City of Chillicothe
    is found
    to have operated
    a
    solid waste management site
    in Peoria County, Illinois
    in violation of
    Section 21(e)
    of the Illinois Environmental Protection Act and Rule
    2O2(b)(l)
    of the Board’s Solid Waste Rules
    and Regulations.
    2.
    Respondent City of Chillicothe
    shall cease
    and desist all
    refuse disposal
    activities at the site in question, and properly close
    such site
    in conformance with all applicable Board Rules,
    unless and until
    an
    appropriate operating permit has been received from the Illinois Envir-
    onmental
    Protection Agency.
    3.
    Respondent City of Chillicothe
    shall, within 35 days of
    the
    adoption of this Order,
    pay as a penalty to the State
    of Illinois
    a
    sum
    of
    $1,000,
    payment to be made by certified checkor money order to:
    State of Illinois
    Environmental
    Protection Agency
    Fiscal Services Division
    2200 Churchill
    Road
    Springfield,
    Illinois
    62706
    I, Christan
    L. Moffett,
    Clerk of the Illinois
    Pollution Control
    Board,
    hereby certify the above Opinion and Order we
    e adopted on
    the ~
    day
    ~
    ,
    1975 by
    a vote of
    to ~
    ristan
    L.
    fet
    erk
    Illinois Pollution
    ntrol Board

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