ILLINOIS POLLUTION CONTROL BOARD
June 7, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ETHYL A. VEUGELER,
Respondent.
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PCB 00-161
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by M. McFawn):
On March 24, 2000, the People of the State of Illinois (complainant) filed a four-count
complaint against respondents Home State Bank, N.A., as trustee of trust no. 1466 (Home
State Bank), and Ethyl A. Veugeler as the beneficiary of trust no. 1466 (respondents). On
January 5, 2001, along with a stipulation and proposal for settlement, the complainant filed a
motion to voluntarily dismiss Home Bank Trust No. 1466. The Board granted this motion on
January 18, 2001. People v. Ethyl A. Veugeler (January 18, 2001), PCB 00-161. In the
complaint and the stipulated settlement, Ethyl Veugeler is identified as the owner and operator
of McHenry County Sanitary Landfill and Recycling Center (facility or waste disposal site).
The facility ceased operation in September 1992, and on July 21, 1995, the Illinois
Environmental Protection Agency granted the facility Supplemental Permit No. 1995-147
(Supplemental Permit).
In each of the four counts, complainant alleges that the respondents violated Section
21(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(d)(1) (2000)), as well as
several of the waste regulations and various Special Conditions of its Supplemental Permit. In
count I, complainant alleges that respondents conducted post-closure care of a waste disposal
site with a chief operator who did not have prior conduct certification in violation 35 Ill. Adm.
Code 745.181(a) and 745.201(b) and Special Condition No. (A)(3). In count II, complainant
alleges that respondents failed to submit a biennial revision of post-closure cost estimate in
violation of 35 Ill. Adm. Code 807.623(a) and Special Conditions (A)(4) and (B)(3) of its
Supplemental Permit. In count III, complainant alleges that respondents failed to properly
submit a demonstration that the monitoring system was capable of determining groundwater
quality as required in Special Condition B(1) of its Supplemental Permit, and failed to submit a
landfill gas monitoring plan as required in Special Condition B(8) of its Supplemental Permit.
In count IV, complainant alleges that respondents failed to conduct quarterly inspections and
retain the required records at the facility as required by Special Condition No.(B) 5 of its
Supplemental Permit.
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On January 5, 2001, complainant filed a stipulation and proposal for settlement
accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
the Act (415 ILCS 5/31(c)(1) (2000)). Since respondent Home State Bank was dismissed, only
Veugeler entered into the stipulation and proposal for settlement.
Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
stipulation and proposal for settlement accompanied by a request for relief from the hearing
requirement (415 ILCS 5/31(c)(2) (2000)). The Board caused publication of the required
newspaper notice of the stipulation and proposal for settlement and request for relief from the
hearing requirement. The notice appeared in
The Northwest Herald
on January 10, 2001. The
Board did not receive any requests for hearing. Accordingly, the Board grants a waiver from
the hearing requirement.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the allegations in the complaint. Veugeler admits to
the violations alleged by complainant, and agrees to pay a civil penalty of $7,000.
The Board accepts the stipulation and proposal for settlement filed by the parties in this
matter. Veugeler must continue to comply with any federal, State, or local regulations
including, but not limited to, the Act and the Board’s regulations.
This opinion constitutes the Board’s findings of fact and conclusions of law in this
matter.
ORDER
1. The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Ethyl A. Veugeler (Veugeler). The
stipulation and settlement agreement is incorporated by reference as though fully
set forth herein.
2. Veugeler must pay a civil penalty of $7,000. Payment must be made within 30
days of the date of this order, that is, on or before July 9, 2001. Such payment
must be made by certified check or money order payable to the Illinois
Environmental Protection Agency, and designated to the Environmental
Protection Trust Fund. The case number, case name, the site identification
number, and Veugeler’s social security number must also be included on the
certified check or money order and clearly indicate that payment is directed to
the Environmental Protection Trust Fund.
3. The check or money order must be sent by first class mail to:
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Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the payment transmittal and check shall be simultaneously submitted
to:
Kelly Cartwright
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
4. Any such penalty not paid within the time prescribed incurs interest at the rate
set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act
(35 ILCS 5/1003 (2000)), as now or hereafter amended, from the date payment
is due until the date payment is received. Interest does not accrue during the
pendency of an appeal during which payment of the penalty has been stayed.
a. Interest on unpaid amounts shall begin to accrue from the date the
penalty payment is due and continue to accrue to the date payment is
received.
b. Where partial payment is made on any payment amount that is due, such
partial payment shall be first applied to any interest on unpaid amounts
then owing.
c. All interest on amounts owed to complainant shall be paid be certified
check payable to the Illinois Environmental Protection Agency for
deposit in the Environmental Protection Trust Fund and delivered in the
same manner as described in paragraphs 2 and 3, above.
5. Veugeler must at all times comply with the terms of the permit as required by
the Act and the Board’s waste disposal regulations.
6. Veugeler must cease and desist future alleged violations of any federal, State, or
local statutes and regulations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (2000)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
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service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 7th day of June 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
