ILLINOIS POLLUTION CONTROL BOARD
January
10,
1980
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
v.
)
PCB 78—297
JOHN C.
EINSWEILER and LEMFCO,
)
INC.,
Respondents.
MS. NANCY
J. BENNETT, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF
OF
THE
COMPLAINANT.
MR.
RICHARD
ELLIOTT,
ATTORNEY
AT
LAW,
APPEARED
ON
BEHALF
OF
THE
RESPONDENTS.
OPINION
AND
ORDER
OF
THE
BOARD
(by
Dr.
Satchell):
This
matter
comes
before
the
Board
upon
a
complaint
filed
December
1,
1978 by the Environmental Protection Agency
(Agency)
naming
as
Respondents
Lemfco,
Inc.
(Lemfco)
,
an
Illinois
corpor-
ation
and
John
C. Einsweiler
(Einsweiler),
its registered agent.
The
complaint
alleged
violations
of
§21(e)
of
the
Environmental
Protection
Act
(Act)
and
Rules
202(a),
305(a),
305(c)
and
314(c)
of
Chapter
7:
Solid
Waste
Rules
and
Regulations
in
connection
with a site in Jo Daviess County used for disposal of foundry
wastes
generated
by
Lemfco’s
operations.
A hearing was held in
Galena
on
September
26,
1979
at
which
time
the
parties
read
a
settlement
agreement
into
the
record.
No
members
of
the
public
attended
the
hearing
and
no
comment
has
been
received.
A
stipu—
lation
and
proposal
for
settlement
was
filed
November
15,
1979.
Lemfco’s
operations
in
Galena
generate
foundry
slag
wastes
and sand.
From before May 2, 1977
through
December
1978 Respond-
ents caused or allowed deposition of these wastes on a site owned
by Einsweiler and described as within the NW/c, SW 1/4, NW 1/4,
Sec.
13,
T.
28 N.,
R.
1
W.
of the 4th PM, Jo Daviess County
(R.
8,
Stip.
1).
Einsweiler is involved in this action both as owner
of the site and the registered agent of Lemfco.
37—107
—2—
In May,
1977 the Agency notified Einsweiler that the opera-
tion required a solid waste permit.
On June 1, September 1,
1977
and
February
6,
1978 Einsweiler submitted permit applications.
These
were
denied.
An
Illinois
State
Geological
Survey
analysis
of
the
site
indicates that
it
is
not
suitable
for
the
disposal
of
industrial wastes containing phenolics and cyanides, such as those
involved here because of the potential for groundwater pollution
(R.
9;
Stip.
5).
The
wastes
deposited
at
the
site
along
a
ravine
were placed
in the line of natural drainage
(Stip.
3;
Ex. B-2).
The
Agency
has
detected
these
contaminants near the site in wells
owned
by
Respondent
Einsweiler
and
by
Eric
Einsweiler.
On July 13,
1977 the Agency notified Einsweiler that com-
pleted portions of the site required twenty-four inches of suitable
cover
Solid
Waste Rule 305(c).
The work was commenced in October,
1977.
Agency inspection of June
9,
1978
first
disclosed
applica-
tion of cover to the site.
Cover application was completed in
December,
1978 and seeding was completed on May 7, 1979.
The area
was fenced in August,
1978
Rule
314(c).
In
the
stipulation
Lemfco
and
Einsweiler
admit
that
they
conducted
refuse
collection
or
disposal
operations
without
a
permit
in
violation
of
Solid
Waste
Rule
202(s)
and
§21(e)
of
the
Act.
Respondents
will
cease
and
desist
unpermitted operation.
They have
agreed
to
maintain the cover at its depth
of seventeen to twenty-
four
inches
as
it
was
on
July
31,
1979
and
to
reapply cover to a
depth
of
twenty—four
inches over any areas disturbed in the future.
They will for three years conduct quarterly monitoring of the wells
of
John
C.
and
Eric
Einsweiler.
The
Board
finds
the
settlement
reasonable
under
Procedural
Rule
331.
The parties have not agreed
on the amount of a monetary penalty.
The Agency recommends $3000,
Respondents nothing.
Ignorance
of
the
permit
requirement
is
not
a
defense.
Re-
spondents
continued
to
operate
without
a
permit
for
one
and
one—
half years after notification
(R.
9,
14).
Respondents contend
that
disposal
of
the
waste
was
necessary
to Lemfcovs operation and
that
the
dumping
was
stopped
as
soon as another landfill in the
area
received
a
permit
to
accept
the
waste.
Respondents
contend
that
closing
Lemfco
would
have resulted in high unemployment in
the
Galena
area
(R.
13).
Respondents
have made no contention of
financial
hardship.
After
receiving
notification
of
violation
Respondents were reasonably diligent in making permit applications
and
in
bringing
the
site
into
compliance.
37—108
The Board finds that a monetary penalty is necessary to
aid
in
enforcement
of
the
Act.
having
considered §33(c)
of the
Act
and
the
mitigating
factors outlined above, the Board will
levy
a penalty in the amount of $1000.
This Opinion constitutes the Board~sfindings of fact and
conclusions
of law in this matter.
ORDER
1.
Respondents Lemfco,
Inc.
and John
C. Einsweiler are
in violation of §21(e)
of the Environmental Protection
Act and Rule 202(a)
of Chapter
7:
Solid Waste Rules and
Regulations,
2.
Respondents shall cease and desist further violation of
§21(e)
of the Environmental Protection Act and Chapter
7:
Solid Waste Rules and Regulations.
3.
Respondents shall comply with the terms of the stipu-
lation and proposal for settlement filed November 15,
1979.
4.
Respondents
shall, by certified check or money order
paya~1eto the State of Illinois, pay a civil penalty
of $1000 which
is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois 62706
IT IS SO ORDERED.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify
t e above Opinion and Order were
a~tedon the
day of
__________,
1980 by a vote of
Illinois Pollution
37—109