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