ILLINOIS POLLUTION CONTROL BOARD
    June
    25, 1981
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 79—197
    K.
    W. CARR and MILFORD HUISINGA,
    Respondents.
    MR. REED NEUM1~N,ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT.
    MR. ROGER
    A. SIMPSON, DOSS
    & SIMPSON, APPEARED ON BEHALF OF
    RESPONDENT HUISINGA.
    MR. KENNETH W. CARR r~.PPEAREDPRO SE.
    OPINION
    AND
    ORDER OF THE BOARD
    (by D. Satchell):
    This matter comes before the Board upon a complaint filed
    September 17,
    1979 by the Illinois Environmental Protection Agency
    (Agency)
    naming as respondents
    K.
    W.
    Carr and Milford Huisinga.
    The three count complaint alleges violations of Sections 12(a),
    12(d)
    and 21(e)
    of the Environmental Protection Act
    (Act)
    and
    Rules 202(a)
    and 313 of Chapter
    7:
    Solid Waste
    in connection
    with the operation of a pesticide can recycling center in Piatt
    County.
    Public hearings were held on March
    19 and September
    10,
    1980 in Monticello.
    The parties outlined the terms
    of
    a proposed
    settlement at these hearings.
    An executed
    st~pu1~tionand
    pro-
    posal for settlement was filed with the Boa:d on April 27,
    1981.
    Members of the public attended the first
    hearing
    but did not
    comment.
    The site in
    que~tiori
    is
    owned by Milford Huisinga and
    is
    situated near Lodge within the
    NW
    1/4 of Sec.
    15,
    T.
    19 N.,
    R.
    6 E.,
    3
    PM, Piatt County.
    It comprises appro~imate1yone acre
    and
    is within 500 feet of the Sangamon River.
    The
    surface soil
    of the site is a brown sand and gravel changing to
    a light gray
    and gray silt loam within about twelve to twenty inches of the
    surface.
    The site has
    been
    1ease~to K.W. Carr who at one time served
    as president and registered agent of Custom Can Crushers,
    Inc.,
    an Illinois
    corporation which was dissolved on December
    1,
    1977.
    Beginning on approximately
    April
    1, 1976
    K.
    W. Carr and Custom
    Can collected and deposited approximately
    500,000
    empty five
    gallon pesticide cans at the site.
    Respondents
    and Custom Can
    —2—
    were issued a Chapter 7 development permit on November
    9,
    1977.
    The permit authorized Custom Can to prepare an agricultural metal
    processing operation on the site.
    Due to financial problems
    Custom Can was unable to begin to develop the site in accordance
    with the development permit and was unable to commence operations.
    The development permit expired by its own terms on November 9,
    1978.
    No operating permit was ever issued for the site.
    The cans at the site have deteriorated and rusted and have
    leaked chemical residue onto the ground.
    The Agency has identified
    the presence of at least thirty-two types of pesticides and resi-
    dues found in and around the various cans on the site, including
    both herbicides and insecticides.
    Hazardous chemicals such as
    chiordane and lindane have been identified at the site.
    Because
    of the permeability of the soil at the site and its proximity to
    the Sangalnon River and the nature of the chemicals found in the
    cans, the site presents a substantial threat of ground and surface
    water pollution.
    Count
    I of the complaint alleges operation of a solid waste
    management site without an operating permit in violation of Rule
    202(a)
    and Section 21(e).
    Count II alleges operation of a sani-
    tary landfill so as to cause, threaten or allow the discharge of
    contaminants into the environment so as to violate regulations
    adopted by the Board,
    in violation of Rule 313 and Section 12(a).
    Count III alleges deposition of contaminants upon the land in such
    place and manner as to create a water pollution hazard in violation
    of Section 12(d)
    of the Act.
    Both respondents
    admit,
    and the Board
    finds, that they have violated the Act and Board regulations
    as
    charged in the complaint.
    Prior to the first hearing 14r. Carr had had virtually all of
    the cans crushed and accumulated into a much smaller pile
    (R.
    1:13).
    At the first hearing the parties agreed to an outline of a compli-
    ance program.
    In connection with a stay of this matter the Board
    endorsed this outline in an Order entered May 15,
    1980.
    At the
    second hearing the parties presented a written memorandum of an
    agreement with terms very similar to those in the final stipula-
    tion
    and
    proposal for sett1ement~(Joint Exhibit 1).
    At the time
    of the second hearing the removal of the cans was virtually com-
    plete
    (R2:5).
    The terms of the settlement required removal of
    all pesticide cans and other actions to be completed by April
    15,
    1981.
    Respondents signed the stipulation on April
    1, 1981 and it
    was filed with the Board on April 27,
    1981.
    The other terms of the compliance plan involve leveling and
    grading and construction of a berm along the southern edge and a
    diversion ditch along the northern edge of the site.
    Respondents
    were to disc the soil and leave it exposed to the air for at least
    42—106
    —3—
    two weeks and then apply lime and organic matter to improve the
    soil.
    An oil producing crop is to be planted to soak up the
    chemicals.
    The crops are to be destroyed off site and not sold
    should chemical levels exceed FDA marketability standards.
    Re-
    spondents are to maintain an existing vegetative strip along the
    northern edge of the site.
    Respondents are to post warning signs and to restrict access
    by shoring up the existing fence and gate.
    A description of the
    bounds and conditions of the pollutional activities is to be filed
    with the Piatt County Recorder of Deeds.
    The Board notes that
    mere filing of the description of the property with the County
    Recorder is inadequate to notify prospective purchasers in
    a
    County Where deeds are indexed only by grantors’
    and grantees’
    names.
    The Board understands the terms of the stipulation as re-
    quiring not only the filing of a description but that the descrip-
    tion include the name of the current holder of record title.
    The stipulation provides for no monetary penalty.
    The Board
    finds the stipulation and proposal for settlement acceptable under
    Procedural Rule 331.
    In making its decision the Board has con-
    sidered the factors enumerated in Section 33(c)
    of the Act.
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Respondents K. W. Carr and Milford Huisinga are
    in violation
    of Sections 12(a)
    ,
    12(d)
    and 21(e)
    of the Environmental Pro-
    tection Act and Rules
    202(a)
    and 313 of Chapter
    7, substantial-
    ly as alleged in the complaint.
    2.
    Respondents shall cease and desist from further violations of
    Sections
    12 and 21 of the Act and Rules 203 and 313 of
    Chapter
    7.
    3.
    Respondents shall comply with the terms
    of settlement outlined
    in the stipulation and proposal for settlement filed April 27,
    1981, which is hereby incorporated by reference.
    IT
    IS SO ORDERED.
    42—107
    —4—
    I, Christan L. Moffett, Clerk.of the Illinois Pollution
    Control Board, hereby ~e~tify that the above Opinion and Order
    were adopted on the
    ~
    ~
    day of
    ~
    ~,
    1981 by a vote
    of
    4.~
    •
    ~
    Christan
    L.
    Moffeil
    ,
    lerk
    Illinois Pollution
    ntrol Board
    42—108

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