ILLINOIS
POLLUTION
CONTROL BOARD
September
26,
1972
ENVIRONMENTAL
PROTECTION
AGENCY
)
v.
)
PCB
72-171
MEYER
JACOBS,
OSCAR
HOKIN,
AND
MADISON
PARK SHOPPING
CENTER,
INC.
)
OPINION
AND ORDER
OF
THE
BOARD
(by Mr.
Dumelle)
This
is
an
enforcement
action
wherein
the
complaint
alleged
that
the
respondents
owned
and operated
a
solid
waste
disposal
facility
located
in the
rear
of the
Madison
Park
Shopping
Center
in
Peoria,
illinois,
without
a permit
issued
by
the
Agency,
in violation
of
Section
21(e)
of
the
Environmental
Protec-
tion
Act.
The
complaint
further
alleged
that
on
numerous
specified
dates
the
respondents
committed
the
following
violations:
1.
Caused
or
allowed
open
dumping,
in
violation
of
Section
21(a)
and
21(b)
of the
Act
and Rule
3. 04
of the
Rules
and Regula-
tions
for
Refuse
Disposal
Sites
and Facilities;
2.
Failed
to provide
fencing,
in violation
of
Rule
4.
03
(a)
of the
Rules;
3.
Failed
to
supervise
the
unloading
of
refuse,
in violation
of
Rule
5. 04;
4.
Failed
to provide
equipment,
in violation
of’
Rule
5. 05;
5.
Failed
to properly
spread
and
compact
refuse,
in violation
of
Rule
5. 06;
6.
Failed
to
provide
proper
daily
cover,
in violation
of
Rule
5.
07(a);
5
—
473
-2-
7,
Failed
to provide
adequate
vector
control,
in violation
of
Rule
5.
09.
Hearing
was
held
on
June
21,
1972.
On
September
11,
1972,
the parties
filed
with
the
Board
a
Stipulation
and proposal
for
settlement
which includes
the
following:
The
dumping
was
caused
by trespassers
who,
intermittently
for
more
than three
years,
have
created
litter
along the
crest
and
slope
of
the hillside
which travels
downward
behind the
shopping
center.
From
time
to time
the respondents
have used
tractors
to
cover
over
the
debris
with
dirt.
They
have hired
a full
time
person
working
from
8:00
a.m,
to
5:00 p.m.
to police
the
area,
to prohibit
trespassers
from
dumping
arid to
supervise
the
unloading
of dirt
to
cover
the
refuse.
They
also had
a local
pest
control
company provide
vector
control.
In
the past
the respondents
failed
to provide
fencing
because
the terrain
did
not lend
itself
for
the
erection
of a fence
and
also the
erection
of a fence
at the east
and west
ends
of the
shopping
center
buildings
was
officially
dis-
couraged
by
the
local
sheriff
and fire
department.
The
respondents
have
agreed
to
cease
and desist
from
the
alleged
violations
and will
erect
a fence
or~the
brow
of
the
hill
to prevent
the
dumping.
They
agree
to obtain
dirt
to
completely
cover
the
site
and also
to continue
rodent
control
procedures.
It
is further
agreed
that
the
Madison
Park
Businessmen~s Association,
Inc.
shall
pay
as
civil
damages
$250
for
the
violations
but that
such payment
shall
not
he levied
until
November
5,
1972
and upon the
erection
of
the
fence,
if completed prior
to that
date,
the
civil
damages
penalty
shall
abate
in toto.
Also,
the
Businessmen~s Association
shall
pay $250
toward
the
cost
of these
proceedings
but
that
sum
shall
not
abate
for
any
reason,
It is
stipulated
that
all
other
respondents
herein
be dismissed.
The
Board
finds
that
the
proposed
settlement
is
generally
reasonable
under
the
circumstances.
We
would
be more
satisfied
with
a slightly
higher
penalty
in this
case
but
we will
not
reject
the
settlement
for
that
reason.
Since
the refuse
is
located
on
the
slope
we have
some
questions
as
to whether
the
cover
material
will
be
able
to
get
compacted
properly
and
also
whether
it
will
tend to wash
down
the hillside.
We would
urge
the
Agency
to
supervise
closely.
This
opinion
constitutes
the
Board’s
findings
of
fact
and conclusions
of
law.
5
—
474
-3-
ORDER
All
respondents
shall
cease
and desist
from
all
alleged
violations
of the
Act
and Rules.
2.
The
respondents
shall
remedy the
situation
in
conformity
with
the
terms
of
the Stipulation,
the Act
and the Rules.
3.
The
Madison Park
Businessments
Association,
Inc.
shall
pay
to
the
State
of
Illinois
by October
15,
1972
the
sum
of
$250
as
a
penalty
for
the violations
found
in
this
proceeding.
Penalty
payment by
certified
check or
money order
payable
to
the
State
of
Illinois
shall
be
made
to:
Fiscal
Services
Division,
Illinois
Environmental
Protec-
tion
Agency,
2200
Churchill
Drive,
Springfield,
illinois
62706.
4.
The
Madison
Park
Businessmen’s
Association,
Inc.
shall
pay
as
additional
civil
damages
$250
for
the violations
but
such
penalty
shall
not
be
levied
until
November
5,
1972
and
upon the
erection
of
the
fence
(as
set
forth
in
the
Stipulation),
if completed
prior
to
that date,
this
penalty
shall
abate
in
toto.
I,
Christan
L.
Moffett,
Qerk
of
the
Illinois
Pollution
Control
Board,
hereby
certify
the above
Opinion
and Order
was
adopted
on the~~”~day
of
September,
1972
by
a vote
of
Ci
—.
.~
Christan
L.
Moffetf,4~rk
Illinois
Pollution
Control
Board
5
—
475