ILLINOIS POLLUTION CONTROL BOARD
    October 2,
    1980
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    V.
    PCB 80—40
    ARTIM TRANSPORTATION SYSTEM, INC.,
    )
    an Indiana Corporation and
    )
    DONALD P. MOYER, JR.,
    an individual,
    Respondents.
    CHRISTINE ZEMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
    THE COMPLAINANT.
    R. GARRETT PHILLIPS, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENTS.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the February 28,
    1980
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count
    I of the Complaint alleged that,
    on October 23,
    1979, Mr. Donald P. Moyer,
    Jr.
    (“Moyer”),
    an employee of Artim
    Transportation System,
    Inc.
    (the “Company” or “Artim”), unloaded
    approximately 720 pounds
    of diesel fuel from the fuel
    tanks of the
    Company’s semi-flatbed truck onto an area of pavement and grass just
    behind the Williamsville Weigh Station on Interstate Highway No.
    55
    (“1—55”)
    in Sangamon County in violation of Section 21(c) of the
    Illinois Environmental Protection Act
    (“Act”).
    Count
    II alleged
    that the open dumping or abandonment of refuse upon the public
    highways on October 23,
    1979 by Artim’s employee caused the Company
    to be in violation of Rule 202(a) of Chapter
    7:
    Solid Waste
    Regulations
    (“Chapter 7”) and Sections 21(b) and 21(c) of the Act.
    A hearing was held on August 18,
    1980.
    The parties filed a
    Stipulation and Proposal for Settlement on August 21,
    1980.
    It is stipulated that Artim, an Indiana corporation qualified
    to do business in Illinois since December 2,
    1966, owns a gold—colored
    1978 Mack semi—flatbed truck (the~“truck”) which was periodically
    driven by its employee, Mr. Moyer.
    (Stip.
    2).
    On October 23,
    1979,
    Mr. Moyer drove this truck, which was carrying four lifts of steel
    coil,
    into the Williamsville Weigh Station on 1—55 in Sangamon
    County.
    (Stip.
    2).
    The truck weighed in at the weigh station at
    —2—
    720 pounds in excess of the gross maximum load of 73,280 pounds
    allowable under the Illinois Size and Weight Law,
    (Ill.
    Rev. Stat.
    1977,
    ch.
    95½, Section 15-100 et
    ~
    After finding out that the
    truck contained excessive weight, Mr. Moyer drove behind the weigh
    station building and unloaded approximately 70 to 100 gallons of
    diesel
    fuel
    (i.e., about 720 pounds of diesel
    fuel)
    from the fuel
    tanks of the truck onto the pavement and grass just behind the
    weigh station building.
    (Stip.
    3),
    The parties have also stipulated that:
    (1) the discarded
    diesel
    fuel did not come within the exemption provided in
    Section 21(e) of the Act
    (i.e., it was not generated by the
    operator’s own activities);
    (2) the disposal activity of Moyer
    (and, hence, Artim)
    at the site would require a Development Permit
    under Rule 201 of Chapter
    7;
    (3) at no time was the Company issued
    an Agency permit to operate a solid waste management site on the
    property; and
    (4)
    the Company contracted with the Don Bryant
    Excavating Company on November
    2,
    1979 for cleanup of the spill
    area.
    (Stip.
    2—4).
    To correct the environmental problems, the excavating firm
    removed about six inches of earth on each side of the grass which
    was discolored by the spill and excavated about six inches deeper
    than the lower level
    of contamination,
    (Stip.
    3).
    The hole was
    then filled with about eight cubic yards of top soil that was
    hauled to the site by the excavating company.
    This top soil was
    then leveled and raked.
    (Stip,
    3—4).
    The proposed settlement agreement provides that the Respondent
    Moyer admits the allegations charged against him in Count
    I of the
    Complaint in that he admittedly dumped or abandoned refuse from the
    Company’s semi-flatbed truck upon the public highways on October 23,
    1979 in violation of Section 21(c) of the Act.
    The Stipulation also
    provides that the Company admits the violations of Count II of the
    Complaint in that Artim
    “did, on October 23,
    1979,
    empower and
    authorize its employee, Donald P.
    Moyer,
    Jr. to operate saidtrtick
    on 1—55, and in so doing, did cause or allow the open dumping of
    refuse (other than garbage)” in violation of Ru,e
    202(a) of
    Chapter
    7 and Section 21(b)
    and 21(c)* of the Act.
    (Stip.
    4-5).
    Both Respondents have agreed to cease and desist from further
    violations of the Board’s Solid Waste Regulations and the Act.
    *The Board notes that the parties have,
    on page
    5 of the Stipulation
    and Proposal for Settlement,
    inadvertently omitted the delineation
    of the Section 21(c) violation.
    By admitting the violations as
    charged against
    it in Count
    II of the Complaint,
    Respondent Artim
    has clearly admitted violating Section 21(c)
    of the Act.
    Accord-
    ingly,
    the Board has taken notice of,
    and corrected, this apparent
    typographical error,
    —3—
    (Stip.
    5).
    Respondent Moyer has agreed to pay a stipulated penalty
    of $200.00, while Respondent Artim Transportation System,
    Inc. has
    agreed to pay a stipulated penalty of $500.00
    In evaluating this enforcement action and proposed settlement,
    the Board has taken into consideration all the facts and circum-
    stances in light of the specific criteria delineated in Section 33(c)
    of the Illinois Environmental Protection Act.
    The Board finds the
    stipulated agreement acceptable under Procedural Rule 331 and
    Section 33(c) of the Act.
    The Board finds that Respondent Moyer
    has violated Section 21(c)
    of the Act and that Respondent Artim
    Transportation System,
    Inc. has violated Rule 202(a) of Chapter
    7:
    Solid Waste Regulations and Sections 21(b) and 21(c) of the Act and
    orders both Respondents to cease and desist from further violations.
    The stipulated penalty of $200.00 is hereby assessed against
    Respondent Moyer,
    while a stipulated penalty of $500.00 is assessed
    against Respondent Artim.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    Respondent Donald
    P.
    Moyer,
    Jr. has violated Section 21(c)
    of the Illinois Environmental Protection Act.
    2.
    Respondent Artim Transportation System,
    Inc. has violated
    Rule 202(a)
    of Chapter
    7:
    Solid Waste Regulations and Sections 21(b)
    and 21(c) of the Illinois Environmental Protection Act.
    3.
    The Respondents shall cease and desist from further
    violations.
    4.
    Within 45 days of the date of this Order, Respondents
    Donald P.
    Moyer,
    Jr.
    and Artim Transportation System,
    Inc.
    shall,
    by certified check or money order payable to the State of Illinois,
    respectively pay the stipulated penalties of $200.00 and $500.00,
    which are to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    5.
    The Respondents shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    —4—
    on August
    21,
    1980, which
    is incorporated by reference as if fully
    set forth herein.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board,
    here1~ycertify th;t the above Opinion and Order were adopted
    on the
    ~
    day of
    ~
    1980 by a vote of
    Christan L, MoffetYJ~lerk
    Illinois Pollution Control Board

    Back to top