ILLINOIS POLLUTION CONTROL BOARD
May
20,
1976
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 75—474
ARCH
,
INC.,
)
Respondent.
Mr. Steven Watts, Assistant Attorney General, Attorney for
Comolairiant
Mr. Preston K.
Johnson,
Sr., Johnson
& Johnson, Attorney for
Respondent
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This case arises out of an Amended Complaint
(Complaint)
filed by the Environmental Protection Agency
(Agency)
on
January
8,
1976,
alleging that Respondent, Arch Development,
Inc., has developed and operated from June 12, 1975 until
December 15,
1975,
a solid waste management site without the
required permits
in violation of Rules 201 and 202(a)
of the
Illinois Pollution Control Board Rules and Regulations,
Chapter
7:
Solid Waste
(Regulations), and in further violation of
Section
21(b)
of the Environmental Protection Act
(Act).
The
original Complaint was filed on December 15,
1975.
Hearing
was held in O’Fallon on February
19, 1976 at which time a
Stipulation of Parties and Proposed Settlement was filed with
the Board.
The subject of the Complaint is a tract of land
located
in Centerville Township, Cahokia,
St. Clair County,
IllinoIs.
Since June
12,
1975, Respondent admits that it has developed
and operated this site without possessing either a development
or operating permit issued by the Agency.
Respondent agrees
to pay $850.00
as penalty
for the violations
found to exist
by the Board.
Respondent agrees to discontinue all refuse
disposal activities at the site beginning February 19, 1976
until such time as
a proper permit for the development and/or
operation of the site has been issued by the Agency and Respon-
dent further agrees to properly close the subject site within
120 days of the date of this Order unless
the requisite permit
is issued by the Agency.
21 —439
—2—
On the basis of the above
facts and the Stipulation, which
constitutes the entire record in this case, we find that Respon-
dent did violate Rules 201 and 202(a) of the Solid Waste Rules
and Regulations in the development and operation of its refuse
disposal site.
The Stipulation of Parties and Proposed Settlement
submitted by the parties
is found adequate under Rule 333 of our
Procedural Rules
(EPA v. City of Marion,
1 PCB 591).
That portion of the Complaint alleging violation of Section
21(b) must be dismissed.
As was held in E
& E Hau1in~,16 PCB
215
(1975),
a Section 21(b)
open dumping charge is not properly
based on a permit violation.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
Respondent, Arch Development,
Inc.,
is found to have
developed and operated its refuse disposal site without the
requisite permits in violation of Rules
201 and 202(a)
of the
Board’s Solid Waste Rules and Regulations and shall pay a penalty
of $850.00 for such violations.
Penalty payment by certified
check or money order payable to the State of Illinois shall be
made within 35 days of this Order to:
Fiscal Services Division,
Illinois Environmental Protection Agency, 2200 Churchill Road,
Springfield,
Illinois,
62706.
2.
Respondent shall discontinue all refuse disposal activi-
ties at the Site beginning February 19,
1976 until such time as a
proper permit for the development and/or operation of the site is
issued by the Agency.
3.
Respondent shall properly close its refuse disposal site
unless the requisite permit is issued by the Agency within
120 days
of the date of this Order.
4.
Those portions of the Complaint alleging violation of
Section 21(b)
of the Act are dismissed.
IT
IS SO ORDERED.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, here~ycertify the above Opinion and Order were
adopted
the
~
day of
____________________,
1976 by a
vote of
.p
Christan L. Moffett,~~erk
Illinois Pollution ~~(trol Board
21
—440