ILLINOIS POLLUTION CONTROL BOARD

November

2,

1978

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

 PCB 77—258

MARVIN WILDER,

 LARRY BAKER,

JO

FLAIRTY,

MARTHA

LEWIS,

RUTH

BAKER

AND

 CHARLES

BAKER,

Respondents.

OPINION

AND

ORDER

THE

BOARD

(by

Mr.

Goodman):

On October

3,

 1977,

 the People of the State of Illinois

 (People)

filed

 a Complaint against several Respondents for various violations

of

the

 Act and the Solid Waste Regulations:

 Chapter

 7 of the Board’s

Rules

 and Regulations.

 On January 12,

 1978,

 the People filed an

Amended Complaint.

 A hearing was held on September 29,

 1978,

in

Robinson,

 Illinois.

 No citizen witnesses attended.

 At the hearing,

three stipulations and proposals for settlement were submitted.

The first stipulation represented an agreement between the People

and Jo Flairty, Mary Lewis,

 Ruth Baker and Charles Baker

 (Stip.

No.

1);

 the second represented an agreement between the People and

Larry Baker

 (Stip.

No.

 2); and the third represented an agreement

between the People and

Marvin

Wilder

(Stip.

No.

3).

The Amended Complaint alleged the following violations:

 that,

since June

1,

1977,

Respondent

Marvin

 Wilder operated and Respondents

Larry Baker, Jo Flairty, Martha Lewis,

 Ruth Baker and Charles Baker

allowed operation

 of a refuse disposal site in Crawford County with-

out a permit,

 in violation of Section 21(e)

 of the Environmental

Protection Act

 (Act)

and

 Rule

 202 of Chapter

6;

 that operating and

allowing operation of said site constitutes open dumping in violation

of Section

 21(b)

 of the Act; and that,

 since June

1,

 1977, Respondent

Marvin Wilder failed to provide daily, intermediate and final cover,

in violation of Section

 21(b)

 of the Act.

32—17

—2—

In the various Stipulations filed herein,

 the parties stipulate

that Respondents Larry Baker, Ruth Baker, Charles Baker, Jo Flairtv

and Martha Lewis are the owners of

 a 276 acre farm near Oblong,

Illinois.

 On June

1,

 1977, Larry Baker entered into an agreement

with

Marvin

Wilder

allowing

Wilder

dump

the

farm

refuse

which

hauled

from

customers

for

fee.

Wilder

did

not

discuss

the

 agree-

ment with the other owners of

 the property.

 On July

1,

 1973, Larry

Baker entered into a contract with the other owners of the farm to

purchase the farm from them.

 From July

1,

 1973 to on or about March

31,

 1977,

 Larry Baker had control of the site.

 He failed to make

any payments,

 however, and on approximately March

31,

 1977,

the

ownership of

 the site became again Larry Baker and the other owners

with whom he had entered

 into a contract for sale.

 Nevertheless,

Larry

Baker

has

 retained all actual control of the

land

In Stipulation No.

2,

 Respondent Larry Baker admits that he

allowed refuse

 to be deposited at the site without

 a permit.

In

Stipulation No.

1,

 Respondents

 Ruth Baker, Charles Baker, Jo Flairty

and Martha Lewis admit that they allowed refuse

 to be deposited on

the site without a permit, but they and the People agree that any

dumping on the land was without their knowledge or consent.

In

Stipulation No.

3,

 Respondent Marvin Wilder admits that he at no

time had a permit

 to operate a refuse disposal site and that he at

no time applied daily, intermediate or final cover to refuse at the

site.

 The Stipulations indicate that on December 28,

 1977,

 after

the original Complaint was filed in this matter,

 an investigator

for the Illinois Attorney General’s office inspected the site and

noted that the refuse was covered with material and that the site

appeared to be

 in compliance with the Act and the Regulations.

The Board finds that Respondents did commit the violations

alleged in the Amended Complaint.

 The Board has considered the

factors outlined in Section

 33(c)

 of the Act.

 In the Terms

of

Settlement of the various Stipulations, all the Respondents agree

to

cease and desist all violations and to ensure that all refuse which

had been deposited at the site is covered and that the landfill will

be closed in accordance with the Act and the Regulations.

 In addi-

tion, Marvin Wilder agrees to pay a penalty of $200.00 and Larry

Baker agrees to pay

 a penalty of $100.00.

 Because Respondents Ruth

Baker, Charles Baker, Martha Lewis and Jo Flairty did not directly

authorize and had no knowledge of dumping at the site,

 they and

the People suggest that a penalty would not further the purposes

and policy of the Act.

‘32—IR

—3—

The Board finds the Terms

 of Settlement

 incorporated

 in the

three Stipulations

 to be sufficient to ensure that the environment

is protected and that no further violations occur.

 We furthermore

find that,

 in light of Marvin Wilder’s actual operation of the site,

Larry Baker’s authorization of such operation, and the other Respon-

dents’

 lack of knowledge of the operation,

 the penalties assessed

Marvin Wilder and Larry Baker and the suggestion of no penalty

against the other Respondents are reasonable.

 We, therefore, accept

the Terms of Settlement incorporated

 in the three Stipulations.

This Opinion constitutes the findings

 of fact and conclusions

of law of the Board in this matter.

ORDER

it is the Order of the Pollution Control Board

 that:

1)

 Since

 on or about June

1,

 1977, Respondents Marvin

Wilder, Larry Baker, Jo Flairty, Martha Lewis,

 Ruth Baker

and Charles Baker caused or allowed operation of a refuse

disposal site without a valid operating permit,

 in viola-

tion of Section 21(e)

 of the Environmental Protection Act

and Rule 202 of the Solid Waste Regulations.

2)

 Since

 on or about June

1,

 1977,

 Respondents

Marvin Wilder, Larry Baker, Jo Flairty, Martha Lewis,

 Ruth Baker

 arid Charles

 Baker caused or allowed open

dumping in violation of Section

 21(b)

 of the Act.

3)

 Since on or about June

 1, 1977, Respondent Marvin

Wilder failed to provide daily, intermediate and final

cover to the refuse at said site,

 in violation of

Section

 21(b)

 of the Act and Rule 305

of

 the Solid

Waste

Regulations.

4)

 Respondents shall cease and desist all violations

of the Act and the Regulations promulgated thereunder

at said site.

5)

 Respondents shall ensure that all refuse here-

tofore deposited at said site

 shall be covered and

that the landfill shall be closed in conformance

with the Act and the Regulations promulgated there-

under.

32—19

—4—

6)

 Respondent Marvin Wilder shall within

 35 days of

the date of this Order pay a penalty

 of $200.00, which

shall be made payable to the State of Illinois and

shall be mailed

to:

Ms. Loretta Weber

Assistant

Attorney

General

Environmental

Control

Division

188

West

Randolph

Street

Suite

2315

Chicago, Illinois

60601

7)

 Respondent Larry Baker shall within

 35 days of

the date of this Order pay a penalty

 of $100.00 to

the State of Illinois, penalty payment to be mailed

to the address specified in paragraph

(6)

 above.

IT IS SO ORDERED.

Control

adopted

of

4-o

Christan

 L. Moffett, Clerk of the Illinois Pollution

Board, her7

 certify the above Opinion and Order were

on the

~

 day of

________________,

 1978 by a vote

Illinois

Poll

ntrol

Board

32—20