ILLINOIS POLLUTION CONTROL
BOARD
September 2.,
1978
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Complainant,
v.
)
PCB 77—273
SYDNEY R.
KATZ,
)
Respondent.
MR.
DEAN
HANSELL, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT.
O
‘MALLEY AND
COUNTRYMAN,
ATTORNEYS
AT
LAW
(MR. JEFFREY M.
KRASNER,
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 October 20,
1977
Complaint brought by the Illinois Environmental Protection Agency
against Mr. Sydney R. Katz alleging that the Respondent operated a
solid waste management site in violation of Rule 202 (b) (1) and
Rule 305(c) of Chapter
7:
Solid Waste Regulations and Section 21
of the Illinois Environmental Protection Act by failing to have an
Operating Permit for the site and failing to apply final cover to
the
property.
On March
31,
1978,
the parties submitted jointly a
Stipulation, Proposed Settlement,
and Waiver of Hearing.
On
April 13,
1978,
the Board entered an order finding that a hearing
is mandatory in an enforcement action and denying the parties’
request that the matter be decided without a hearing.
Accordingly,
a hearing
was
held on June 28,
1978,
and the Stipulation and
Proposal for Settlement was entered into the hearing record as
Joint Exhibit A.
The transcript of the proceedings was received
by the Board on July 18, 1978,
and this date shall be considered
to be the date that the parties filed their Stipulation and
Proposal for Settlement.
The stipulated facts indicate that Mr. Sidney R. Katz owned
property located on Route
64
(one mile east of the intersections
of Route
64 and Route
23) near the city limits of the City of
31—455
—2—
Sycamore, DeKalb County,
Illinois.
A bog or marsh measuring
approximately 94 feet by 229 feet is located on this land.
From
August 21,
1974 until October 20, 1977,
the property was used as
a solid waste management site accepting dirt,
sand and gravel
which contained refuse and other construction debris.
The Respondent applied for an Operating Permit for the
sanitary landfill in 1976.
On May 19,
1976,
Mr.
Katz received a
letter from the Agency indicating that the Permit Application was
inadequate and denying it on that basis.
During the period between
May 8,
1968 and August 17, 1977,
the Agency made 20 inspections of
the sanitary landfill.
On 17 occasions between June
3,
1968 and
August 26,
1977,
the Agency sent letters to Mr. Katz.
Each letter
warned the Respondent of the violations of the Operating Permit
and Final Cover Rule~and encouraged him to contact the Agency for
further discussions.
As a result of discussions between the parties,
a settlement
proposal has been presented to resolve the enforcement proceeding.
Basically,
this settlement agreement provides that the Respondent
(Mr. Sydney R.
Katz):
(1)
admits that the sanitary landfill was
operated without an Operating Permit and that final cover was not
placed on the site in violation of the Board’s Solid Waste
Rule 202(b) (1) and Solid Waste Rule 305(c)
and Section 21 of the
Act on the following dates:
May 8,
1968,
June 20,
1968, August
3,
1970, November
4,
1971, August
21,
1974, September 27,
1974,
October 24,
1974, December 4,
1974, March 20,
1975, August 28,
1975, December 10,
1975, February 19,
1976, March
3,
1976,
June 15,
1976, September 16,
1976, October
8,
1976, October
13,
1976,
February 23,
1977,
April 11,
1977,
and August 17,
1977;
(2)
agrees
to cease immediately from adding any more waste material to the
site;
(3)
shall take all reasonable steps necessary to preclude
others from dumping waste materials on the property;
(4)
agrees
to remove all the water from the bog by pumping it to the south of
the bog in such a way that it will seep into the ground
(this
pumping shall be done before any fill
is added to the bog, but
within
45 days, weather permitting, of approval of the proposed
settlement by the Board);
(5)
shall remove all non-earthen
materials
(such as metals)
from the bog and dispose of them in an
Agency approved landfill within
45 days, weather permitting,
of
approval of the proposed settlement by the Board;
(6)
agrees to
place appropriate final cover to the entire area worked within
60
days of approval of the proposed settlement by the Board;
(7)
agrees to monitor gas, water,
and settling at the completed site
for a period of 3 years after the site is completed or closed and
after final cover has been added;
(8)
agrees to take whatever
remedial action is necessary to abate any gas, water,
or
31—456
—3—
settling problems which appear during the three year period;
(9) agrees upon completion or closure of the site to file a
detailed description of the site, including a plat, with the
DeKalb County Land Recording Agent and the Illinois Environmental
Protection Agency;
(10) agrees to post a $9,000.00 performance
bond; and
(3.1)
pay a stipulated penalty of $1,150.00
.
Moreover,
the parties stipulate that the Respondent, Mr. Sydney R.
Katz, has
not maliciously or wantonly violated the Board’s Solid Waste Rules
or the Illinois Environmental Protection Act.
At the hearing of June 28,
1978, the Respondent’s attorney
indicated that after the proposed settlement agreement was entered
into, Mr. Katz “proceeded to have the area filled with dirt from
the excavation of the County Public Safety Building, and signs
have been posted there,
on the premises,
to prohibit dumping.”
(R.3).
In evaluating this enforcement action and proposed settlement,
the Board has taken into consideration all the facts and circum-
stances in light of the specific criteria delineated in Section
33(c) of the Act..
Incinerator,
Inc.
v.
Illinois Pollution Control
Board,
59 Ill.
2d 290,
319 N.E. ~79~
(1974).
Accordingly, the Board accepts the Stipulation and Proposal
for Settlement and finds the Respondent, Mr. Sydney R.
Katz,
in
violation of Rule 202(b) (1) and Rule 305(c)
of Chapter
7:
Solid
Waste Regulations and Section 21 of the Illinois Environmental
Protection Act.
The Board imposes the stipulated penalty of
$1,150.00
This Opinion constitutes 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.
The Respondent, Mr. Sydney R. Katz,
has violated
Rule 202(b) (1) and Rule 305(c)
of Chapter
7:
Solid Waste Rules
and Regulations and Section 21 of the Illinois Environmental
Protection Act.
2.
Within 45 days of the date of this Order,
the Respondent,
Mr. Sydney R.
Katz, shall pay the stipulated penalty of $1,150.00
payment to be made by certified check or money order to:
31-457
—4
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
3.
The Respondent, Mr. Sydney
R.
Katz,
shall comply with
all the terms and conditions of the Stipulation and Proposal for
Settlement filed July 18,
1978, which is incorporated by
reference as if
fully set forth herein.
Mr. Goodman abstained.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
~!~‘
day of
,
1978 by a
vote of
2—~
Christan L. Moffe~’
Clerk
Illinois Pollution
ontrol Board
31—458