ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 76—127
    )
    )
    MELVIN ACKMAN,
    )
    )
    Respondent.
    )
    MR. ROBERT C. OSMUNDSEN, appeared on behalf of Complainant;
    MR. DAVID WAGGONER, appeared on behalf of Respondent.
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by Mr. Dumelle):
    This matter comes before the Board on a Complaint filed
    by the Environmental Protection Agency against Melvin Ackman on
    May 4, 1976.
    The Complaint charges Mr. Ackman with failing to
    place final cover on a site used for solid waste management in
    violation of Solid Waste Regulation 305 (c).
    The site is located
    near Crystal Lake in McHenry County, Illinois.
    A hearing was
    held in Woodstock, Illinois on July 14, 1976, at which a Stipula-
    tion
    and
    Proposed Settlement was presented.
    On July 19, 1976 the
    written Stipulation and Proposal For Settlement was filed with
    the Board.
    The Stipulation admits all facts necessary for the finding
    of a violation.
    Further, the
    Agency
    has agreed that the potential
    for pollution resulting from Mr. Ackman’s activities is minimal.
    Exhibit A is an Agency report of an inspection made on July 2, 1976
    indicating that the landfill is in “General Compliance”.
    The
    Proposed
    ilnitiement
    provides
    that
    Mr.
    Ackman
    shall
    cease
    and
    desist
    from
    accepting
    refuse,
    monitor
    and
    remedy
    the
    integrity
    of the existing final cover for three years, file a detailed
    description of the site,
    and
    pay a penalty of $350.00.
    The Board
    finds this Settlement acceptable and the conditions therein
    necessary for the protection of the environment and enforcement
    of this Act.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    24-lfl
    —2—
    ORDER
    A.
    The Board hereby finds Respondent Melvin Ackman to have
    violated Solid Waste Regulation 305(c)
    at his site
    in
    McHenry County, Illinois.
    B.
    Respondent Melvin Ackman shall cease and desist from
    accepting refuse of any kind at the above noted site.
    C.
    Respondent Melvin Ackman shall monitor, and take
    whatever remedial action is nedessary
    to maintain,
    the existing final cover at the above noted site,
    in
    accordance with Solid Waste Regulation 318
    (a)
    and
    (b)
    for three years from the date of this Order.
    D.
    Respondent Melvin Ackman shall file a detailed description
    of the site,
    including a plat, with the McHenry County
    recorder’s office,
    in accordance with Solid Waste Regulation
    318
    (c) within sixty days of this Order.
    E.
    Respondent Melvin Ackman shall pay a penalty of $350.00
    for the aforesaid violation of Solid Waste Regulation 305(c)
    to the State of Illinois.
    Payment shall be made within 35
    days of the date of this Order, by certified check,
    cashierts check,
    or money order,
    to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection
    Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify the above Opinion and Order were adopted on the
    !7~
    day of February,
    1977 by a vote of
    ~-/--
    ~
    ~/~2~t
    ~~/
    /~
    Christan L. Moff~t, Clerk
    Illinois Pollution Control Board
    24
    —
    784

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