ILLINOIS
POLLUTION CONTROL BOARD
June
22,
1978
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
v,
)
PCB
77—313
~1ORBERT
BRACHLE,
Respondent.
STEPHEN
GROSSMAN
and GEORGE TINKHAM, ASSISTANT ATTORNEYS GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT
THOMAS
.MAGDICH,
of
KELLER
AND
MAGDICH,
APPEARED
ON
BEHALF
OF
RESPONDENT.
OPINION
AND
ORDER
OF
THE
BOARD
(by
Mr.
Dumelle):
This
matter
comes
before
the
Board
on
the
Complaint of
the
Environmental
Protection
Agency
(hereinafter the
Agency)
filed
November
29,
1977
against
Norbert Brachie
for
violation of
Sections
21(b)
&
(e)
of the Act and Rule
202(a)
of Chapter
7 of
the
Regulations.
The
amended Complaint,
filed
April
5,
1978
al:Leges
additional violations of Rules 301,
303(b),
305(c) and
314(c)
of
Chapter
7.
Hearings were held on March 17, 1978 and
May
17,
1978.
The
parties have agreed to a Stipulation of Facts
and
Settlement
in
this
case which was submitted at the
May
17
hearing.
No
publec
comment was offered at
the
hearings.
I3rachle
is
the
owner of property located
in Amboy,
Illinois,
which
is
used
for
storage of corn cobs for recycling,
and motor
vehicle
repair
and
maintenance.
In addition,
a two acre area on
this
property
has
been used by Brachie and various individuals
other
than
Brachie
for
disposal of refuse including wood, aban-
doned automobiles and metal.
Respondent has not obtained the
Operating
Permit
required for such activity, has not restricted
access
to
the
site,
and has failed to provide a six inch cover
over
the
refuse
deposited at the end of each day.
3O—5~3
The
Agency
became
aware
of
Respondent
s
viola
:ions
on
April
4,
1974.
By
June
21,
1974
Brachie
had
corrected
operational
deficiencies
and
closed
and
covered
the
property
to
the
satisfac-
tion
of
the
Agency.
Inspections
by
the
Agency
on
ten
occasions
after
June
9,.
1975
revealed
continued
violation
ci
the
Act
and
Solid
Waste
Regulations.
Respondent
placed
a
notice
in
a
local
newspaper
that
he
would
r~olonger
permit
Hdumping~ on
his
prop-
erty
but
has
taken
no
other
action
to
restrict
access
to
the
area.
The
Statement
of
Stipulated
Settaement
oy
the
parties
in
this
case
provides
that
Brachie
will
pay
a
stapu1ate~
penalty
of
$1,000.00
for
his
admitted
violation
of
Sections
21(b)
&
~e)
of
the
Act
and
Rules
303(b)
,
305(a)
and
314
(c)
of
Chapter
‘7
of
the
Board
s
Regulations.
Brachie
agrees
to
undertake
a
compliance
program
(Statement
of
Stipulated
Settlement
pp.
7—9)
which
provides
for
immediate
restriction
of
access
no
the
property
and
improvements
to
the
area
used for
dumping
which
include
placement
of at least two
feet
of
cover
material
and
seeding
with
grass.
Compliance
is
to
be
achieved
by June
30.
1978.
In
evaluatinc
this
enforcement
action
and
proposed
settle-
ment,
the
Board
has
taken
into
consideration
all
the
facts
and
circumstances
in
light
of
the
specific
criteria
delineated
in
Section
33(c)
of
the
Act.
The
Board accepts
the
Statement
of
Stipulated
Settlement
and
imposes
the
stipulated
penalty
of
$1,
000,
00
This
Opinion
and
Order
constitute
the
Board
s
findings
of
fact
and
conclusions
at
law
In
this
matter.
ORDER
It
is
the
Order
at
the
Illinois
Pollution
Control.
Board
that:
1
.
Norhern
Brachie
has
violated
Sections
21 (In)
and
21 (e)
of
the
Act
and
Rules
303
(b)
,
305 (a)
and
314 (c)
of
Chapter
7
of
the
Board~s Regulations
from June
9,
1975
until
April
5,
1978.
2.
Within
45
days
of
the
date
of
this
Order,
Norbert
Brachie
shall
pay
the
stipulated
penalty
of
$1,000.00,
ayment
to
he
made
by
certified
check or money
order
to:
State
of
Illinois
Fiscal
Services
Division
Illinois
Environmental
Protection
Agency
2200
Churchill
Road
Springfield,
Illinois
62706
—3—
3.
Norbert Brachie shall comply with all terms and conditions
of the Statement of Stipulated Settlement filed June
5,
1978,
which is incorporated by reference as if fully set forth
herein.
I, Christan L~Moffett, Clerk of the Illinois Pollution
Control Board,
herebX certify the above Opinion and Order were
adopted
~
the
~‘~“
day of
~
1978 by a
vote of
b—ti
Q~i?~s;~fr~
b1~L~
Christan L.
Moffe
,
Clerk
Illinois
Pollution
ontrol Board
30—515