ILLINOIS POLLUTION CONTROL BOARD
    October 22, 1981
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 81—121
    )
    RUSSELL W.
    KOSTER and
    )
    WESLEY KOSTER,
    )
    )
    Respondents.
    MR. KENNETH
    G. ANSPACH, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT.
    MR. RUSSELL W.
    KOSTER APPEARED PRO SE.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the July
    22,
    1981 Complaint
    brought by the Illinois Environmental Protection Agency
    (“Agency”).
    The Complaint alleged that the Respondents:
    (1) allowed the
    open dumping of refuse (including demolition debris,
    solid wastes
    and a variety of junked material) on their farm property on
    November 22,
    1976, February
    28,
    1977, June
    2,
    1977, and October
    9,
    1979 in violation of Section 21(a) of the Illinois Environmental
    Protection Act
    (“Act”);
    (2) operated a solid waste management site,
    from June 19, 1975 until July 22,
    1981, without an Operating Permit
    from the Agency in violation of Rule 202(b)(1) of Chapter
    7:
    Solid
    Waste Regulations
    (“Chapter 7”); and
    (3) failed to apply adequate
    final cover over portions of the refuse from June 19,
    1975 until
    July 22,
    1981 in violation of Rule 305(c) of Chapter 7.
    A hearing was held on September 24, 1981 at which no members
    of the public attended.
    The parties filed a Settlement Stipulation
    on September 29,
    1981.
    The Respondents,
    Mr. Russell W. Koster and
    ?4r. Wesley Koster,
    own a refuse disposal site
    (the “site”) which is
    located “adjacent
    to a creek on farm property northwest of the City of Sterling on
    Science Ridge Road approximately one mile north of Illinois Route 2”
    in Whiteside County, Illinois.
    (Stip.
    1—2).
    The Respondents have
    admitted that the violations alleged in the Complaint did,
    in fact,
    occur.
    (Stip.
    2—3).
    43—565
    —2
    The proposed settlement agreement provides that the Responde~its
    shall:
    (1)
    cease and desist from causing or allowing the open dumping
    of refuse on their farm property;
    (2) cease and desist from causing
    or allowing the use or operation of a solid waste management site on
    their farm property without the requisite Operating Permit from
    the
    Agency;
    (3) apply suitable final cover on the site within 30 days
    of the date of the Board’s Order in this matter;
    (4) haul to a
    landfill permitted by the Agency all items of refuse material at the
    site which are too large to be covered according to the customary
    final cover procedure
    (as well as promptly notifying the Agency that
    compliance has been achieved);
    and
    (5) pay a stipulated penalty of
    $250.00
    .
    (Stip.
    3—4).
    In evaluating this enforcement action and proposed settlement
    agreement,
    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 finds the settlement agreement
    acceptable under Procedural Rule 331 and Section 33(c)
    of the Act.
    Accordingly, the Board finds that the Respondents, Mr.
    F~usse1lW.
    Koster and Mr. Wesley Koster, have violated Rules
    202(b) (1) and 305(c)
    of Chapter 7:
    Solid Waste Regulations and Section 21(a) of the
    Illinois Environmental Protection Act.
    The Respondents will be
    ordered to cease and desist from further violations and to pay the
    stipulated penalty of $250.00
    This Opinion constitutes the Board’s findings of fact ~nd
    conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board
    that~
    1.
    The Respondents,
    Mr. Russell
    W.
    Koster and Mr. Wesley Koster,
    have violated Rules 202(h)(1) and 305(c) of Chapter
    7:
    Solid Waste
    Regulations and Section 21(a) of the Illinois Environmental Protection
    Act.
    2.
    The Respondents shall cease and desist from further violatio~i;.
    3.
    Within 60 days of the date of this Order,
    the Respondents
    shall, by certified check or money order payable to the State of
    Illinois, pay the stipulated penalty
    of
    $250.00 which is
    to be
    sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    4.
    The Respondents shall comply with all the terms and
    conditions of the Settlement Stipulation filed on September 29,
    1981,
    which is incorporated by reference as
    if
    fully set forth herein.
    43—566
    —3—
    Mr. Goodman abstains.
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order were adopted
    on the
    ~
    ‘~“~‘
    day of
    _______________,
    1981 by a vote of
    ~/
    o
    Illinois Pollution
    Board
    43—567

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