ILLINOIS POLLUTION CONTROL BOARD
    November 10,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 76—38
    ALVIN SCHEIBE,
    SR. d/b/a
    )
    RELIABLE SANITATION,
    and
    )
    JOHN OERTER,
    )
    Respondents.
    OPINION AND ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Pollution Control Board
    (Board)
    upon a compL~mt
    filed by the Environmental Pro-
    tection Agency
    (A:~enc~y)on February 10, 1976 alleging that
    Respondents cause or allow to be operated
    a solid waste site
    located in Section 27, Township
    2 South, Range 10 West,
    in
    Monroe Count~,Illinois without an operating permit in vio-
    lation of Rule 202(a)
    of the Solid Waste Regulations
    (Regu-
    lations) and Section 21(e)
    of the Environmental Protection
    Act
    (Act).
    The complaint further alleges that Respondents
    failed to place daily cover
    in violation of Rule 305(a)
    of
    the Regulations;
    that Respondents allowed underground fires
    in violation of Rule 311 of the Regulations;
    and that Re-
    spondents
    in violating Rules
    305(a)
    and 311 of the Regulations
    have violated Sections 21(a)
    and 21(b)
    of the Act.
    A hearing was held in this matter
    (no date given in record)
    at which time
    a Stipulation
    of Parties and Proposed Settlement
    was presented for the Board~sapproval.
    The parties sLipulate thaL there
    is no issue of fact as
    to the occurrence of the violations charged
    in the complaint.
    Respondents admit they have violated Sections
    21(a)
    ,
    21(b)
    and 21(e)
    of the Act and Rules 202(a), 305(a)
    and 311 of the
    Solid Waste Rules and Regulations.
    Respondents agreed to pay
    within thirty-five days of this order a penalty of
    $1,000 for
    the admitted violations.
    The Agency states that evidence
    shows Respondents have ceased all operations at the site and
    have properly closed and covered the site.
    The Agency further
    states that Respondents have limited financial resources and
    have been cooperative
    in the continuing investigation of this
    matter.
    24
    —
    227
    --2—
    The Board
    finds the Stipulation of Parties and
    Proposed Settlement to be acceptable under Procedural
    Rule
    333.
    The Board finds Respondents
    to be in vio-
    lation of the Regulations and the Act as alleged in
    the complaint.
    A penalty of $1,000
    is assessed.
    This Opinion constitutes the Boardts findings of
    fact and conclusions of law.
    ORDER
    1.
    Respondents are found
    to have been in violation of
    Rules
    202(a),
    305(a), and 311 of the Solid Waste
    Regulations and Sections 21(a),
    21(b)
    and 21(e)
    of the Act.
    2.
    Respondents shall cease and desist all further
    violations.
    3.
    Responden~s shall pay a penalty of $1,000 for
    the said violations within 35 days of this order.
    Payment shall be made by certified check or money
    order payable to:
    State of Illinois
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois 62706
    IT IS SO ORDERED,
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adop1~edon the
    ;‘~t’~
    day of
    ()~
    *~j..4..,
    1976 by a
    vote of
    ___________
    Christan
    L. Moffet
    erk
    Illinois Pollution ~ ntrol Board
    24
    —
    228

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