ILLINOIS POLLUTION CONTROL BOARD
May
24,
1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—38
JOYCE E. FRYE
& WATTS TRUCKING
Respondents.
MS JUDITH
S. GOODIE, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
MR. MARVIN L. SCHRAGER, ATTORNEY AT LAW, APPEARED ON BEHALF OF
THE
RESPONDENTS.
OPINION
AND
ORDER OF THE BOARD
(by Dr. Satchell):
This matter comes before the Board upon a complaint filed
by the Environmental Protection Agency
(Agency)
against Respond-
ents Joyce E. Frye and Watts Trucking Service,
Inc.,
(Watts)
,
an
Iowa corporation registered and doing business in Illinois.
The
complaint charges violations
of Section 21(b)
of the Environmental
Protection Act
(Act)
:
“No person shall
.
.
.
cause or allow the
open dumping of any other refuse in violation of regulations
adopted by the Board.”
The complaint alleges violations
of Board
Rules in connection with the ownership and operation of a thirty
acre refuse disposal site on Breezy Hollow Road,
2.5 miles north-
west of Viola,
in the N 1/2 of Sec.
4,
T.
14 N.,
R.
2 W.
4 PM,
Mercer County, Illinois.
The site
is owned by Respondent Joyce
E. Frye and operated by Watts through a wholly owned subsidiary,
Jerry’s Disposal System,
Inc.,
an Illinois Corporation.
The
subsidiary, which holds
an operating permit from the Agency,
is
not involved in this action.
The following violations
of the
Act and Chapter
7:
Solid Waste are alleged to have occurred
between January 14, 1976 and October 14, 1977:
Count
Section/Rule
Gravamen
I
21(b)
Six inches of suitable material on
R.
305(a)
all exposed refuse daily.
II
21(b)
Failed to deposit all refuse into
R.
303(a)
toe of fill or bottom of trench.
III
21(h)
Failed to rapidly spread and compact
R.
303(b)
into layers not exceeding a depth of
two feet.
33—563
—2—
IV
21(b)
Twelve inches of suitable material
R.
305(b)
on all surfaces where no additional
refuse will be placed within sixty
days.
V
21(b)
Two feet of suitable material over
R,
305(c)
entire surface not later than sixty
days following placement of refuse in
final
lift.
VI
21(b)
Caused or allowed development or
R.
314(c)
operation of a sanitary landfill
which does not provide fencing, gates
or other measures to control access
to the site.
VII
21(b)
Failed to collect all litter from the
R,
306
sanitary landfill site by the end of
each working day.
VIII
21(b)
Failed to provide sufficient equipment,
R.
304
personnel and supervision at the site
to ensure that operations complied with
the permit, Act and Regulations.
Much of 1978 was utilized in this case for discovery
and motions for and against discovery.
This phase terminated
with the Board’s Order of October
4,
1978, which denied a motion
to reconsider an Order compelling Respondents to answer inter—
rogatories
(34 PCB 441).
Respondents have now changed attorneys
and executed a stipulation and proposal for settlement which was
presented at a hearing held in Rock Island on April
17,
1979.
No
objection was made to the settlement.
The hearing was moved to
Rock
Island County from adjacent Mercer County by Order of
the
Hearing Officer pursuant to Rule 307(b).
This was done for
convenience of the parties who were also involved
in
a related
enforcement action in Rock Island County, EPA
v,
Watts Trucking
Service, Inc., PCB
77—162.
In the
stipulation Respondents admit
to violations on
several
instances
as
charged in Counts
I, VI, VII and VIII.
These violations are inadequate daily cover, failure to restrict
access when supervisory
personnel
were absent,
litter, and failure
to provide sufficient
equipment or
personnel at the site to ensure
compliance.
The Board finds Respondents guilty of the violations
charged in Counts
I, VI, VII, and
VIII,
33—564
—3—
Respondents do not admit to the violations charged
in Counts
II, III and IV.
These are failure to deposit refuse
into the toe of the fill,
failure to spread and compact and
failure to apply intermediate cover in areas where no additional
refuse will be placed within sixty days.
The Agency “contends
that” Respondents have committed these violations.
The stipulation
provides that:
“Count V
.
.
.
final cover
.
.
.
is hereby dis-
missed.”
The Board has no evidence before it upon which to base a
finding on Counts
II,
III,
IV and V.
These counts are therefore
dismissed.
Respondents have agreed to pay a penalty of $2000 and
to bring the site into compliance.
Respondents will operate in
compliance with the Permit, Act and Rules.
Watts will maintain
at the site a
pull scraper adequate for hauling cover material
and a bulldozer with blade,
adequate for spreading, compacting
and pulling the scraper.
In addition, Watts will maintain a D7
bulldozer at its site in Andalusia, Illinois and transfer it to
the Viola site “immediately” if a bulldozer there breaks down.
Within four hours of breakdown Respondents will cease accepting
refuse at Viola until the D7 or comparable equipment arrives.
In addition, Respondents have agreed to submit to the
Agency an application for modification of its permit which will
include a list of equipment, hours of operation, number of
personnel,
job descriptions, hours and volume of refuse received
daily.
Respondents will also take steps to monitor and control
formation and seepage of leachate, maintain monitoring wells and
submit quarterly monitoring reports to the Agency.
The Board finds the stipulation and proposal for
settlement acceptable under Procedural Rule 331.
The Board has
reviewed the evidence and considered Section 33(c)
of the Act
and finds the $2000 penalty neceasary to aid enforcement of the
Act.
This Opinion constitutes the Board’s conclusions of
law and findings of fact in this matter.
ORDER
It is the Order of the Pollution Control Board that:
1.
Respondents, Joyce E. Frye and Watts Trucking
Service, Inc., are in violation of Section 21(b)
of the Act and Rules
304,
305(a),
306 and 314(c)
of Chapter
7:
Solid Waste
as charged in Counts
I,
VI, VII and VIII of the complaint.
33—565
—4—
2.
Counts
II, III,
IV and V of the complaint are
dismissed.
3.
Respondents are ordered to comply with the terms
of settlement, which are incorporated herein by
reference.
4.
Respondents
shall operate the site according to
all terms and conditions of the operating permit,
Act and Solid Waste Rules.
5.
Within thirty days of the entry of this Order,
Respondents
shall pay a penalty of $2000 by certified
check or money order, payable to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield
Illinois 62706
I, Christan L.
Noffett, Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinion and Order were
adopted on the
~iJ1L
day of
f~c~
,
1979 by a vote of
~-Q
Christan L.
Moffett, $Z~é)~k
Illinois Pollution Cth’I’trol Board
33—566