ILLINOIS POLLUTION CONTROL BOARD
    August
    4,
    1977
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 77—101
    BROWNING-FERRIS INDUSTRIES OF
    ILLINOIS,
    INC.,
    a Delaware corporation,
    Respondent.
    MR. JEFFREY
    S. HERDEN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT;
    MR. HARVEY M. SHELDON, PLUNKETT, RISEN, ELLIOT
    & MAYER, APPEARED ON
    BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    This matter comes before the Pollution Control Board
    (Board)
    upon the April
    1,
    1977 Complaint of the Attorney General charging
    violations of Rules
    301 and 306 of Chapter
    7:
    Solid Waste Regu-
    lations and Section 21(b)
    of the Environmental Protection Act
    (Act)
    by Respondent Browning-Ferris Industries of Illinois, Inc.,
    (BFI)
    a
    Delaware corporation licensed and qualified to do business in
    Illinois.
    A hearing was held on June
    15,
    1977 and the parties
    filed a “Stipulation and Proposal for Settlement” on June 24,
    1977.
    BFI owns and operates a solid waste landfill site located in
    Lake County,
    Illinois.
    Shortly after operation of the site began
    in September
    1976
    it was discovered that on certain days
    litter
    was
    being carried by the wind onto adjacent agricultural lands
    and interfering with the working of those lands.
    Rule 306 requires
    that all litter at the landfill site is
    to be collected by the end
    of each day and placed in the fill or stored in a closed container.
    BFI in its stipulation admits to a violation of Rule 306 beginning
    on or about September
    3, 1977 and continuing until the filing
    of this complaint, including but not limited to September
    3,
    1976,
    September 12,
    1976, September
    16,
    1976, September 28,
    1976,
    October 21,
    1976, November
    5, 1976, November
    12,
    1976,
    December
    2,
    1976,
    December 28,~1976,
    January 20, 1977, February 23,

    1977,
    February
    28,
    1977
    and
    March
    30,
    l3~r.
    2!~
    iciation of
    Rule
    306
    also
    constitutes
    a
    violation
    of
    Rule
    301
    and Section
    21(b)
    of
    the
    Act.
    In the construction of this landfill site,
    BFI
    recognized
    the
    problem of blowing litter and erected
    cyclone
    fencing at the site.
    However, actual wind conditio:’-~soccurring once
    the
    site became
    opera~
    tional
    were not fully anticipated.
    As a result,
    BFI
    purchased
    additional fencing in spring,
    1977,
    some of which was purchased bethre
    this complaint was filed.
    Further,
    in the ~Stipu1ation
    and
    Proposed
    Sett1ement~, BFI has agreed to take additional measures to control
    its blowing litter problem.
    First,
    B~3I
    agrees
    to collect the litter
    from the site and dispose
    of it
    properly as
    required by Rule 306.
    Second, BFI agrees to employ temporary ~elp during periods of high
    winds to control blowing litter.
    Third,
    dPI
    will inspect the
    adjoining lands and remove any blowing litter.
    Finally, BFI will
    permit the Mtorney General
    to inspect the
    site without obtaining
    a warrant and will
    consider
    fully any
    written
    recommendation by the
    Attorney General or the Agency to Install additional fencing.
    The Board accepts the “Stipulation
    and Proposed Settlement” of
    the parties with minor alterations
    ~nd
    finds BFI in violation of
    Rules 301 and 306 of Chapter
    ‘7~
    Solid Waste
    Regulations and Section
    21(b)
    of the Act.
    The Board
    has considered
    the Section 33(c)
    factors
    in assessing a penalty for these
    vioLations.
    BFI has the burden of
    producing evidence concerning these
    factors.
    Processing and Books, Inc.
    v. Pollution Control Board, 64I11.2d68~ 351 N,E.2d 865
    (Il1.Sup.Ct.
    1976).
    Based on the available evidence,
    the Board finds that whjle
    the landfill site has social and economic ~ia1ueas a solid waste
    disposal facility and is suitable to the area
    i~iwhich
    it is located
    the degree of interference to adjoining properties
    is substantial
    and the technological practicability
    and
    economic reasonableness of
    eliminating the blowing litter problem through the means outlined
    in the proposed settlement is beyond doubt.
    Based on these factors,
    the Board assesses the stipulated
    penalty of
    $i~000,00,
    This Opinion and Order constitutes the findings of fact and
    conclusions of law of the Board,
    ORDER
    It is the Order of the Pollution
    Control
    Board that:
    1)
    BFI is in violation of Rules
    306 and
    301 of Chapter
    7:
    Solid Waste Regulations and Section
    21(b)
    of the Act
    beginning on or about September
    30,
    1977 and continuing
    through March 30,
    1977.

    2)
    BFI, on each day of operation, shall collect all
    litter at the lazidfill site by the end of the working day
    and place
    it in the fill or
    store
    it in a covered container.
    3)
    BFI shall hire temporary help during periods of high
    wind to control blowing litter at the landfill site.
    4)
    BFI shall inspect periodically all properties adjoining
    the landfill site for blowing litter and shall, upon permission
    of the owner, enter upon these lands and remove all blowing
    litter at their expense.
    5)
    BFI shall permit representatives of the Attorney
    General to enter the landfill site for purposes of in-
    spection and review during normal working hours without
    obtaining a warrant, upon presentation of proper credentials.
    6)
    BFI shall consider fully any written recommendation
    made by the Attorney General or the Agency to install
    permanent or portable fencing at the landfill site, and
    shall order said fencing for installation or indicate in
    writing to the recommending party its reasons for failing
    to do so within
    30 days of the receipt of the written
    recommendation.
    7)
    BFI shall pay a penalty of $1,000.00 for its violations
    of the Act and the Solid Waste Regulations, payable within
    14 days from the date of this Order to:
    State of Illinois
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    IT IS SO ORDERED.
    I, Christan
    1. Moffett, Clerk of the Illinois Pollution Control
    Board4 hereby certif
    the a ove Opinion and Order were adopted on
    the
    4*.~
    day of
    ,
    1977 by a vote of
    ~.()
    ristan L.
    o fe
    ler
    Illinois Pollutio
    ntrol Board

    Back to top