ILLINOIS POLLUTION CONTROL BOARD
    March 16,
    1978
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v,
    )
    PCB 77—233
    MEYER MATERIAL COMPANY,
    an Illinois Corporation,
    Respondent,
    Ms. Carol N.
    Pearce, Assistant Attorney General, appeared on behalf
    of the Complainant.
    Franz, Naughton
    & Leahy, Attorneys at Law
    (Mr. William N. Franz,
    of counsel)
    ,
    appeared on behalf of the Respondent.
    OPINION AND ORDER OF
    THE
    BOARD
    (by Mr. Werner):
    This matter comes before the Board on the September 13,
    1977
    Complaint brought by the Illinois Environmental Protection Agency
    charging Meyer Material Company with continuous violations of Rule 305(c)
    of Chapter
    7:
    Solid Waste Regulations and Section
    21(b)
    of the Illinois
    Environmental Protection Act.
    A hearing was held on February
    3,
    1978.
    The parties filed a Stipulation and Proposal for Settlement on
    February
    6,
    1978.
    Meyer Material Company owned and operated a sanitary landfill
    in
    McHenry County,
    Illinois.
    This site is located
    in an area that is
    encircled on the north,
    south and
    west
    by trees, and,
    on
    the east,
    by
    a vegetation—covered
    slope.
    The
    site discontinued operation
    in
    November cC
    1972,
    pending Aqency review of
    a permit application.
    Permit
    denials were
    issued
    by the Agency on January
    12,
    1973, February
    7,
    1974
    and again
    on July
    31,
    1974.
    Subsequently, the Agency filed a Complaint against
    the Respondent
    which alleged
    that,
    for the last
    3 years
    (i.e.,
    since January
    4,
    1974),
    Meyer Material Company had violated Rule 305(c)
    of the Board’s Solid
    Waste Regulations on final cover and Section
    21(b)
    of the Act by failing
    to place
    a compacted layer of not less than two feet of suitable cover
    material over the surface of the final
    lift.
    In lieu of
    a full hearing on this matter,
    the parties submitted
    a
    Stipulation of Facts and Proposal for Settlement
    to the Illinois
    Pollution Control Board for approval.
    29
    —
    367
    Basically,
    the settlement agreement provided that the Company:
    (1)
    admitted that the violations occurred;
    (2) agreed to complete
    the application of
    2 feet of suitable final cover over the site;
    (3)
    agreed to grade and seed the site area no later than May
    1,
    1978;
    (4)
    agreed to file a plat map of the site
    (indicating all filled areas)
    and a letter
    (stating that the site was formerly used as a refuse
    disposal
    site) with the McHenry County Recorder of Deeds; and
    (5) agreed
    to a stipulated penalty of $2,000.00
    Moreover, both parties agreed that it is technically feasible and
    economically reasonable to apply
    2 feet of compacted final cover over
    the site as required by Rule 305(c)
    of the Board!s Solid Waste Regulations.
    In evaluating this enforcement action and proposed settlement, 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.
    Incinerator,
    Inc.
    v,
    Illinois Pollution Contrcl Board,
    59
    Ill,
    2d 290,
    319 N.E.
    2d 794 (l974T~
    Accordingly,
    the Board accepts the Stipulation and Proposal for
    Settlement and finds Meyer Material Company in violation of Rule 305(c)
    of Chapter
    7 and Section 21(b)
    of the Act from January 4,
    1974 until
    September 13,
    1977,
    The Board imposes the stipulated penalty of
    $2,000.00
    This Opinion and Order constitute the Board~s findings of fact
    and conclusions of law in this matter,
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    Meyer Material Company has violated Rule 305(c)
    of Chapter
    7:
    Solid Waste Rules and Regulations and Section 21(b)
    of the Act from
    January
    4,
    1974 until September 13,
    1977.
    2,
    Within
    35 days of the date of this Order, Meyer Material
    Company shall pay the stipulated penalty of $2,000.00, payment to be
    made by certified check or money order to:
    State of Illinois
    Fi~ca1
    Services
    Division
    Illinois Environment~H Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    3.
    Meyer Material Company shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    February
    6,
    1978, which is incorporated by reference as
    if fully set
    forth herein.
    29
    —
    368
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the
    bove Opinion and Order were adopted on
    the
    J(.’~
    _day of
    1978 by a vote of
    ~p
    /
    Chris~anL.
    Moff
    Clerk
    Illinois Pollution
    ontrol Board
    29
    —
    369

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