ILLINOIS POLLUTION CONTROL BOARD
February
15,
1979
ENVIRONNENTP.L PROTECTION AGENCY,
Complainant,
v.
)
P03 77-37
JOHN DAUBS and DONALD GARRISON,
Respondents.
MR. STEPHEN GROSSMARK,
ASSISTANT ATTORNEY GENERAL, APPEARED
ON BEHALF OF THE COMPLAINANT.
MR. THEODORE
VAN
WINKEL, ATTORNEY AT LAW, APPEARED ON BEHALF
OF RESPONDENT,
MR. JOHN DAUBS.
MR. ROBERT
D.
ALBRIGHT, ATTORNEY AT LAW, APPEARED ON BEHALF
OF RESPONDENT,
MR. DONALD GARRISON.
OPINION AND ORDER OF THE BOARD
(by Dr. Satchell):
This matter comes before the Board upon a complaint
originally
filed on February
2, 1977 by the Environmental
Protection Agency
(Agency)
against John Daubs.
On March 30,
1978 an amended complaint adding Donald Garrison as a
Respondent was filed.
The amended complaint alleges that
John Daubs
has run a refuse disposal facility near Salem
in
Marion County,
Illinois since on or about October
1,
1975
without a permit in violation of Section
21(e)
of the
Environmental Protection Act
(Act), Rule 202 of the Board~s
Chapter
7:
Solid Waste Regulations
(Chapter 7), Rule 310 (b)
of Chapter
7 and Rule 305(c)
of Chapter 7; and that Donald
Garrison has operated the same refuse site before on or
about October
1,
1975 in violation of Rule 305(c) of Chapter
7.
Public hearings were held on June 27,
1977, June
6,
1978 and
June 27, 1978.
At the third day of hearings the parties all
agreed to
a stipulated settlement.
There was no public
comment.
The stipulated settlement reached by the parties provides
the following facts.
Mr. Donald Garrison owns thirty-five
acres of land located
in the Southeast 1/4 of the Northwest
1/4 and the Northeast 1/4 of the Southwest 1/4 of Section 13,
Township
2 North, Range
2 East of the Third Principal Meridian
in Macon
sic
County,
Illinois.
For two years prior
to
32—517
—2—
October
1,
1975, Mr.
Garrison operated a refuse disposal
facility on the property in question.
On October
1,
1975
Mr. Garrison and Mr. John Daubs entered into a lease agree-
ment whereby Mr. Daubs leased the property from Mr. Garrison.
From October
1, 1975 to January 17, 1978 Mr. Daubs operated
a refuse disposal facility on the property.
When Mr. Daubs
took over the operation of the subject refuse disposal
facility, portions of the land had not been covered with a
compacted layer of not less than two feet of suitable material
even though sixty days had elapsed since placement of final
refuse had been made on those areas.
Mr. Garrison admits that
he
is responsible for this final cover.
During the time Mr.
Daubs operated a refuse disposal
facility on the land he did not possess a properly issued
operating permit even though he recognized the need to have
one.
During the period June
30, 1976 to November 4,
1976
Mr. Daubs accepted hazardous liquid wastes at the refuse
disposal site without Agency authorization.
When Mr.
Daubs
ceased operation of the site on January 17,
1978 portions
of the land had not received proper final cover.
Mr. Daubs
admits these areas need
final cover and they have not received
final cover as of the filing of this statement
(January 9,
1979)
Both Respondents agree that failure
to comply with the
Chapter
7 Regulations has caused environmental damage including
the production and seepage of leachate.
This creates the
potential for injury to and interference with the health,
general welfare and physical property of the people of the
State of Illinois.
The Agency recognizes the social and
economic value of a properly operated refuse disposal facil-
ity;
however, the parties agree that a facility which does
not comply with regulations
is of questionable social and
economic value.
Such a site is suitably located only if in
compliance with the Act and Chapter
7.
The parties further
agree it is both technically practicable and economically
reasonable
to comply with the Act and Chapter 7.
To prevent
deriving economic benefit from noncompliance with the Act and
Chapter
7 and to aid enforcement of the Act Mr. Daubs has
agreed to a $1000 penalty and Mr. Garrison has agreed to a
$100 penalty.
Respondents are jointly and severally liable
for placing final cover in accordance with the stipulated
agreement.
The closure requirements of Chapter
7 will be
followed.
32—518
—3—
The Board finds the stipulated settlement acceptable
under Procedural Rule 331 and Section
33(c)
of the Act.
The Board finds John Daubs in violation of Rules
202,
305(c),
and 310(b)
and Section 21(e)
of the Act and assesses
a
penalty of $1000 for these violations.
Donald Garrison is
found in violation of Rule
305(c)
of Chapter
7 and is assessed
a penalty of
$100.
Respondents will be required to comply
with the terms of the stipulated settlement.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that:
1.
Respondent John Daubs
is found in violation of
Rules
202,
305(c)
and 310(b)
of the Chapter
7:
Solid Waste Regulations and Section
21(e)
of
the Environmental Protection Act.
2.
Respondent, Donald Garrison
is found in violation
of Rule 305(c)
of Chapter
7.
3.
Respondents shall cease and desist all future
violations
of the Act and Regulations.
4.
Respondents shall comply with all terms of the
stipulated settlement hereby incorporated by
reference
as if completely set forth herein.
5.
John Daubs shall pay a penalty of $1000 within
forty-five days of this Order.
Donald Garrison
shall pay a penalty of $100 within forty—five days
of this Order.
Payment shall be by certified
check or money order payable to:
FISCAL SERVICES DIVISION
Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois 62706
32—5 19
—4—
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order
were adopted on the
/5’~
day of
~
1979 by
avoteof
~
—.
/
c1hh~E~
~
Christan L. Moffett,
t~lerk
Illinois Pollution Control Board
32—520