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
    19

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