ILLINOIS POLLUTION CONTROL BOARD

January 4,

1979

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 76—308

STEPHEN A.

KARWOSKI,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

The Environmental Protection Agency

(Agency)

filed a Complaint

against Stephen Karwoski on

November

30,

1976.

A hearing was held in

this matter on November

29,

1978.

At the hearing, the parties sub-

mitted a Stipulation and Proposal for Settlement

(Stipulation).

No

citizen witnesses testified.

The

Stipulation

indicates that Stephen Karwoski, the Respondent

herein, and Dolores Karwoski jointly own a parcel of land in Lockport,

Will County,

Illinois, upon which Mr. Karwoski has,

since 1962, depo-

sited clay, gravel, broken concrete, and clean fill in order to fill

a depression.

No water courses run through or adjacent to the site.

On October 21,

1976, an investigator from the office of the Illinois

Attorney General observed large chunks of cement with protruding

metal

rods,

tar paper and roofing debris,

and gravel deposited on the

property.

Mr.

Karwoski contends that all these materials, except the

gravel, were placed

there by persons unknown to him and without his

permission.

Mr. Karwoski has obtained no permit for operating a

solid waste management site from the Agency.

By March,

1977, the

aforesaid refuse had been removed, and Mr. Karwoski has informed the

Agency that only clay and dirt will be used as fill.

The Board finds that Mr. Karwoski operated a solid waste man-

agement site without an operating permit issued by the Agency, in

violation of Rule 202(b) (1)

of the Solid Waste Regulations, and

Section 21(e)

of the Act.

In the Terms of Settlement included in

the Stipulation, Mr. Karwoski agrees to the following:

to deposit

only clay and other non-putrecible earthen materials,

gravel of less

than

3 inch diameter,

and sand upon his property;

to remove any other

materials placed on the property in the future; and to post his pro-

perty to deter dumping thereon by third parties.

The parties rec-

ommend that no monetary penalty be imposed.

The Board finds the

Terms of Settlement to be adequate to insure protection of the

environment and, having considered the Section 33(c)

factors, agrees

that no penalty is warranted.

32—333

---

—2—

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1)

Respondent Stephen A. Karwoski

is found to have violated

Rule 202(b)

of the Solid Waste Regulations and Section

21(e)

of the Act;

2)

Respondent Stephen A. Karwoski may deposit on his property

only the following materials:

clay and other non-putrecible

earthen materials, gravel of less than

3 inch diameter,

and sand;

3)

Respondent Stephen A. Karwoski shall remove any materials

placed on his property in the future other than those

allowed herein; and

4)

Respondent Stephen A. Karwoski shall post his property to

deter dumping thereon by third parties.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board,

liereby certif

the above Opinion and Order were adopted on

the

LI1~’

day of

______________,

1979 by a vote of

4~-~O

Christan L. Moffet

,

erk

Illinois Pollution

rol Board

32—334