ILl .H.
POLLUTION
CONTROL BOARD
‘aLuary
5,
1978
PEOPLE
OF
THE
STATE
OF
1L
:sor ~
)
)
Complainant,
)
v.
PCB
7—166
WASTE
MANAGEMENT OF ILLINOIS,
INC., a Delaware corporation
Respondent.
MR
•
JEFFREY
S
•
HERDEN, ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
PEDERSEN
AND
HOUPT
(MR.
KENNEl’.
-
CUMBINER,
OF
COUNSEL),
ATTORNEYS
AT
LAW, APPEARED
0
!HALF
OF
THE
RESPONDENT.
OPINION
AND
ORDER
OF
THE BOA~
q
Mr.
Werner):
This
matter
comes
before
the
Board
on
the
June
21,
1977
Complaint
brought
by
the
People
o
the
State
(f
Illinois
charging
Waste
Management
of
Illinois,
Inc.
with
violations
of
Rules
301,
306
and
313
of
Chapter
7:
Solid
Waste
and
Section
21(b)
of the Environmental Protection Act.
A hearing was held on
November 14, 1977.
The parties filed a Stipulation
and
Proposal for Settlement on November 15, 1977.
Waste Management of Illinois,
Inc.
(hereinafter referred
to as “Waste Management”)
owns
and operates a sanitary landfill
which is located in the southern part of Cook County, near
175th Street and Fritz Drive, in Linsing, Illinois.
The People of the
State
of Illinois, represented by the
Illinois Attorney General, filed a 2-count Complaint adainst
Waste
Management
on
June
21, 1977.
Count
I
of
the
Complaint
alleged
that
“beginning
on
or
about
June
22,
1975
and
continuing
each
day
of
operation
until at least the filirg of this Complaint” Waste Maiagement
“has caused or allowed t~eoperation of a sanitary landfill
without performing the requirement of Rule 306,
in violation
of Rule 301 of the Regulations
and therefore in violation
of
Section 21(b)” of the Illinois Environmental Protection
Act
(hereinafter referred to as the “Act”).
a
—15
‘ount II of the Compl~:~rt
or about January 1, 1977,
E
until at least the filing o~
ment
“has
caused or allowed
~
pond on the aforementioned si~..
of the Regulations and theref~e
of
the Act,~
~~1iegedthat ~bn~~g
on
nuing each ~
operatiou
omplaint” ~-sce £4anage~’
~osit of refuse into a
violation of Role 313
violation of lection 21(b’
The Illinois Pollution Ccntxo~.Board~sSoLtu Waste
Rules and Regulations, whieP are
luded to in
td~eComplaint,
read as follows,
PART Ill:
Rule 301:
Prohibition
No person shall cause or ~
landfill unless each requirenn
Rule 306~ Litter
S Pi~ITARYLANDFILLS
the operat~onof a sanitary
this Part ~s pe~formed~
All litter shall be co1lecue~from the lan~fsilsite
by the end of each working day an
aithen plac~d-~nthe fill
and compacted and covered that day,
or stored In a covered
container,
Rule 313:
Water Pollution
No person shall cause or alo~7operatior of a sanitary
landfill so as to cause or threaten or allon the discharge
of any contaiminants into the en’~’i~onmentin an~yState so as
to cause or tend to cause water pDilution in Ii~inois,either
alone or
in combination with matter from other sources,
or
so as to violate regulations or standards adopted by the
Pollution Control Board under the Act,
In accordance with the procedure for sett~e~’eutin
Rule 331 of the Board~sProcedural Rules, the complainant
and respondent filed a
StipuThtion dnd Proposal for
Settlement
on November 15,
1977,
The essential
elernen
s of the proposed settlement are
as follows:
1.
The People of the State of IlL nois
(hereinafter
referred to as the ~Pc~oplc~)submit that the stipuL’~or~
of facts shows that Waste Management failed to compl~
with Rule 306 of the Regulations,
and th~refore
—3—
viola~::~ Ruli~
30~
of
the Regulations an~Section
21(b)
of
the Act.
Waste
Management does not admit
said violations,
~
a
basis for settlement
only, offers no
eviden~
to refute the Peopl&s
contention,
2.
Waste Management
agrees
t:) pay a civil penalty of
$500.00 for the
viclatio:i.s
stated above.
This
penalty shall be
transmitted
to the Illinois Eniron-
mental
Protection Agency
at 2200 Churchill Road,
Springfield, Illinois 62706, within 14 days after
this
Settlement
is approved by the Board.
3.
Waste Management agrees
to
collect litter on a~dai1y
basis that is being or may be blown about the subject
property and either place it in the fill and compact
and cover it or store :~tin a covered container,
4.
Waste Management agrees that representatives of the
Office of the Illinois ~tttorneyGeneral are entit,ed
to enter onto the sub
~ct
property for the purpose
of inspection and
review
during normal working ~hburs
without prior notice, upon present~-~n
nf
official
credentials,
5.
Waste Management formally states
its intent to cooperate
fully with the State of Illinois regulatoi-y personnel
to assure no repetition of past litter conditions,
and to make reasonable expenditures, if appropriate,
to that end,
If on the written suggestion of
representatives of the Illinois Environmental Pro-
tection Agency or of the Attorney General’s Office
directed to Waste Management making reference tQ
this sett1ement~additional permanent or portable
fencing appears reasonably necessary to contain
litter blowing about the subject property, Waste
Management agrees to consider any such recommendation
and to order the suggested fencing for i~mnediate
installation or indicate in writing reasons for
declining or being unable to do so, within 30~days
of receipt of such written suggestions from the Office
of the Attorney
In evaluating 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.
In~inerator,Inc.,
v. Pollution
Control Board,
59
Ill.
2d
290,
319 N.E.
2d 794
(1974)
29
*
17
The character and degree of injury to, or interference
with, the protection ol the health, general welfare and
physical property of the people is indicated by the stipulated
fact that”investigators from the Illinois Attorney General’s
Office, responding to citthen complaints,
discovered that...,
litter was not being collected from the subject property by
the end of each working day and was further not placed in the
subject property and covered, nor stored in a covered container.”
The nature of the solid waste involved was “municipal—type
refuse”
(i.e.,
“ordinary garbage”) (R. 3),
The social and economic value of this solid waste management
site
is readily apparent, for a properly operated sanitary
landfill serves to protect the environment by disposing of
refuse on land”without creating nuisances or hazards
to
public health or safety”, while at the same time providing
employment and economic benefits within the State of Illinois,
The suitability of this sanitary landfill to the area
in which it is located is also manifest, for the respondent
has the requisite Agency operating permits for this specific
site,
In assessing the technical practicability and economic
reasonableness of reducing or eliminating the landfill~s
litter problem,
it is noted that the stipulated background
facts indicate that Waste Management” has portable fencing
equIpment available at the site to control litter during the
day-to~-’dayoperation of the site,” Problems in the past have
resulted from several factors, including the failure to employ
the portable fences properly.
Moreover, certain individuals,
entirely unconnected with the company,
have randomly dumped
materials near the boundaries of the property.
However, on
the most recent investigation by investigators from the Attorney
General~sOffice,
it is stipulated that”the investigators
have found that the situation which gave rise to the filing
of the Complaint has substantially improved.”
Accordingly,
the Board finds the proposed Settlement
of the instant case to be a suitable resolution of the
enforcement proceeding.
The Board accepts the Stipulation and Proposal for
Settlement and finds Waste Management of Illinois,
Inc.
in
violation of Rules
301 and 306 of Chapter 7 and Section 21(b)
of the Act from June 22,
1975 until June 21,
1977,
The
Board imposes the stipul~tedpenalty of $500.00.
29
—
18
This Opinion and Order constitute the Boarths findings
of fact and conclusions of law in this matter,
ORDER
It is the Order of the Pollution Control Board that:
1.
Waste Management of Illinois, Inc. has violated
Rule 301 and 306 of Chapter 7~ Solid Waste Rules and Regulations
and Section 21(b)
of the Act from June 22,
1975 until June 21, l977~
2.
Within 14 days of the date of this Order, Waste
Management of Illinois, Inc.
shall pay the stipulated penalty
of $500.00, payment to be made by certified check or money
order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agenc~
2200 Churchill Road
Springfield,
Ill,
62706
3.
Waste Management of Illinois,
Inc.
shall comply
with ~1l terms and conditions of the Stipulation and Proposal
for Settlement filed November 15,
1977, which
is incorporated
by reference as
if fully set forth herein,
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby c4rtify the above Opinion and Order
wer~adoptedon the
~
day of~,
1978 by a vote
Illinois Pol
Control Board
29
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19