ILLINOIS POLLUTION CONTROL BOARD

October 17, 1980

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

 PCB 79—200

)

LINDELL MINOR, et al.,

Respondents.

MS. CHRISTINE

ZEMAN,

 ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

MESSRS. JOSEPH W. HICKMAN, ATTORNEY AT LAW AND TERRENCE

 J. HOPKINS,

STATES ATTORNEY OF FRANKLIN COUNTY, APPEARED ON BEHALF OF RE-

SPONDENTS.

ROGER L.

 RINNE, JERRY WIGGS, JOHN HENDERSON AND LARRY

HENDERSON APPEARED PRO SE.

OPINION AND ORDER OF THE BOARD

 (by D. Satchell):

This matter comes before the Board upon a complaint filed

September 26,

 1979 by the Environmental Protection Agency

 (Agency)

naming

 as Respondents Lindell Minor and three others.

 Two sub-

sequent amended complaints added five additional Respondents.

The eleven counts of the second amended complaint allege viola-

tions of Sections 21(b)

 and 21(e)

 of the Environmental Protection

Act

 (Act), Rule 301 and other rules of Chapter

7:

 Solid Waste

Management

 (Rules)

 in connection with the operation of a landfill

in Franklin County.

 On June 27,

 1980 a public hearing was he1ç~

in Benton at which time the parties outlined a settlement agree-

ment.

 Members of the public did not attend and the Board has

received no public comment.

The following persons have been named as Respondents in the

second amended complaint:

Lindell Minor

 (Minor)

 Owner of property on which the land-

fill is situated.

Jerry Wiggs

 (Wiggs)

 Original holder of permit no.

 1975-

10—OP issued on June

 12, 1975 author-

izing operation of solid waste man-

agement site.

S

 & L Sanitation,

 Inc.

 A Missouri corporation authorized to

(S

 & L)

 do business in Illinois, now bankrupt.

—2—

Roger L. Rinne

 (Rinne)

Larry G. Henderson

(L. Henderson)

John C. Henderson

(J.

 Henderson)

Noble Risley,

Jr.

 (Risley)

Robert Beatty

 (Beatty)

County of Franklin (County)

President and director of S

& L

Secretary,

 treasurer and director of

S &L

Vice—president and director of S

& L

Present holder of permit no.

 1975-10-

OP

transferred from Wiggs to

 him on

November 19, 1979

An individual sometimes doing business

with Risley as Beatty and Risley Bull-

dozing,

 a partnership or corporation

located in Sesser

A party to various written contracts

 with Respondents for refuse disposal

services including operation of the

site

Ten of the eleven counts of the second amended complaint allege

that various Respondents have at

 various times

 at the landfill site

violated Section 21(b)

 of the Act and Rule 301 as well as more

particular rules found in Chapter 7.

 Section 21(b)

 provides that

no person shall cause or allow the open dumping of refuse in viola-

tion of regulations adopted by the Board.

 Rule 301 provides that

no person shall cause or allow the operation of

 a sanitary landfill

unless each requirement of Part III of Chapter 7

 is performed.

The

more particular allegations of the complaint are summarized as

follows:

_____

 Rule

 Summary

305(a)

 Daily cover--a compacted layer of at least

six inches of suitable material on all ex-

posed refuse at the end of each day of

operation.

305(c)

 Final cover--not less than two feet not

later than sixty days following the place-

ment of refuse In the final lift.

303(a)

 Unloading--refuse shall be deposited in the

toe of the fill or the bottom of the trench.

Count

I

II

III

—3—

IV

 303(b)

 Spreading and compacting--as rapidly as

deposited,

 all refuse shall be spread and

compacted into layers not to exceed a

depth of two feet.

V

306

 Litter--all litter shall be collected from

the site by the end of each working day and

either placed in the fill or stored in

a

covered container.

VI

 314(e)

 Leachate control——no person shall cause or

allow the development of a sanitary landfill

which does not provide adequate measures to

control leachate.

VII

304

 Sufficient equipment--personnel and equip-

ment to ensure that operations comply with

the permit, Act and Rules.

VIII

 314(f)

 Operation without adequate measures to con-

trol dust and vectors.

IX

 302,

317

 Quarterly water monitoring data as required

by permit.

X

308

 Scavenging operations at a sanitary land-

fill site.

XI

 Section

 Conducting refuse collection or disposal

21(e)

 without a permit from the Agency.

202(b) (1)

After the hearing the parties filed on August 22, 1980 a

stipulation and two proposals for settlement.

 The stipulated

facts

 are summarized below.

 The references are to paragraph

numbers in the stipulation.

Respondent Minàr is the owner of property used as

 a solid

waste management site located west of Benton in the NE

¼

of SE

¼

of Sec.

23,

T.

6

S.,

R.

 2 E.,

 3 PM, Franklin County

 (112).

 Parts

of the site were leased to various operators who conducted land-

fill operations under contract with County.

 The history of the

site is divided into three parts corresponding to the contracts

with Wiggs,

S

 & L and Risley and Beatty.

Wiggs/County contract:

 On July

8,

 1974 Wiggs entered into

a written contract under which he was to provide County with re-

fuse disposal

 services, including operation of the site,

 for the

—4—

period from August

1,

 1974 until July 31, 1977

 (1111).

 On August

1,

 1974 Minor leased the site to Wiggs for a three year period

(1113).

 From August

 1, 1974 until on or about November 1, 1978

Wiggs operated a refuse disposal or solid waste mangagement site

there.

 At first Wiggs was alone but later he operated in con-

junction with S

 & L by oral or written agreement

 (1114).

On

June

 12, 1975 the Agency issued to Wiggs permit no.

 1975—10-OP

for the site

 (113).

The Wiggs/County contract provided for a $50,000 performance

bond posted with the County.

 Wiggs was to operate in compliance

with state regulations and was to obtain permits.

 The County was

 authorized to take corrective measures if regulations were violated

and was authorized to deduct the expense from the contractor’s

monthly payment

 (1112).

S

 & L/County contract:

 Minor leased the site by verbal or

written agreement to S

 & L beginning on about October 28, l~76

(1117).

 The County and

S

 & L entered into a written contract for

refuse disposal services, including operation of the site for the

period from March

1,

 1977 through February 28,

1978

 (1115).

 From

on or about October 28,

 1976 until on or about November 1, 1978,

S

 & L operated a solid waste management site and a refuse disposal

operation at the site

 (1118).

On each day during this period refuse was received at the

site and disposed of by S

 & L without a permit issued by the

Agency

 (1142).

 In December. 1977 the County withheld for nonper—

formance $5500 in payments otherwise due S

 & L under terms of

their contract.

 In addition, the County has withheld S

 & L’s

security of $7600 along with accumulatedinterest based on

 & L’s nonperformance

 (1146).

The

L/County

contract

provided

that

the

site

would

operated

compliance

with

Illinois

law.

was

responsible

for obtaining permits.

 Notice of deficiencies resulting from

inspection were to be given to the contractor for corrective

measures.

 The County was empowered to hire a third party for

work involved in corrective measures.

 The resulting expense was

to be deducted from the contractor’s monthly payment.

 The con-

tract provided for a “proposal guarantee”

 to be held in lieu of

a bond.

 Failure on the part of the contractor to do the work as

specified in the contract was to be considered as just cause to

forfeit

 (1116).

Risley and Beatty/County contract:

 On December 21, 1977

Minor agreed with Risley for lease of the site to Risley and

Beatty Bulldozing for a period of three years from March 1,

1978

—5—

to March 31, 1981

 (1121).

 On January 11,

 1978 County entered

into a contract with Risley and Beatty Bulldozing for the latter

to provide County with refuse disposal service including opera-

tion of the site for the period of March

1,

 1978 through March

31,

 1981 with a three year option to renew

 (1119).

 On March

1,

1978 Risléy and Beatty begin operating on the portion of the site

which neither S

 & Lnor Wiggs had operated, located east of the

 on—site road.

S

 & L continued to manage the western portion of

the site until November 1,

1978

 (1122).

 After November

1,

1978

Wiggs and S

 & L ceased to operate on the site

 (111114,

 18, 22,

 42).

The Risley and Beatty contract provided that the site was to

be operated in compliance with Illinois law.

 The County was

empowered to make corrections with their own equipment or to hire

a third party to do the work in the event suitable corrective

measures were not taken within the appropriate time and to charge

the cost to the contractor’s account

 (1120).

On September 6,

1979

S

 & L was adjudicated bankrupt

 (114).

On November 19,

 1979 the Agency transferred from Wiggs to Risley

permit no. 1975—10—OP

 (118)

On April 15,

 1980 Beatty’s interest was transferred to Ricky

W. Benedict

 (Benedict) (119).

 On the date of the hearing Risley

and Benedict were operating the site as Risley and Benedict and

Sons

 (1110).

 From November 1,

 1978 to the present Risley and

Beatty or Benedict have operated on the entire site.

 The site

known as the Franklin County Landfill closed on July 30, 1980.

In addition to the stipulation, the parties have presented

two proposals for a settlement.

 The first is signed by the Agency

and Wiggs,

S

 & L, Rinne, and L.

 and J. Henderson.

 Wiggs admits

the violations of Counts

 I through XI of the second amended com-

plaint but the parties agree that no penalty will be assessed

against him.

Rinne and the Hendersons admit that they were officers and

directors of S

 & L during the period of its operation of the site

and

admit that violations occurred as alleged during that period.

S

 & L admits the violations as charged against it in Counts

I

through XI of the second amended complaint.

 The Agency has agreed

that no penalty will be assessed against S

 & L, but that the

approximately $13,000 in payments and security withheld from S

& L

by the County will be retained by the County to insure proper

closure.

 The complaint is to be dismissed with respect to Rinne

and J.

 and L.

 Henderson.

—6—

The second proposal for settlement is signed by the Agency and

Minor, Risley, Beatty and County.

 These Respondents admit the viola-

tions ~

 chargedagainSt them in Counts

 I through XI of the second

amended complaint.

 These Respondents agree to cease and desist from

further violations of the Act and Board Rules.

 The parties have

agreed to a detailed compliance plan.

 The plan includes an eighteen

day extension from the plan outlined at the hearing because of the

 heavy storms of June 29 and July 2.

Respondents County, Minor, Risley and Beatty agree to the place-

ment of final cover by midnight, August 18,

 1980 on the east part of

the site; on the entire operated area south of the base line;

and

over the tires.

 They also agree to grade and compact the slopes of

the drainage way in the east part of the site by that same time.

County agrees to bring that area of the site located west of the

haul road and north of the base line used in the application for

supplemental permit no.

 79-2628 into compliance with the final cover

requirements by October 18,

 1980.

If Respondents Risley, Beatty and Minor complete the final

cover and compacting work by the time agreed the County will pay to

Risley and Beatty the balance of money withheld from S

 & L and the

$23,000 security deposit provided to the County by Risley and Beatty

under the terms

 of their contract.

 If the work is not completed by

that time, the money will be withheld and the County will contract

the work, using the monies withheld as payment.

 No civil penalty

is to be assessed against County, Minor, Risley or Beatty.

The Board notes that

S

 & L Sanitation and some of the individ-

ual Respondents have been involved in other enforcement actiofls in-

volving similar allegations

 (PCB 74—419, May 22,

 1975,

 17 PCB 103;

PCB 79—76, January

24,

 1980,

 37 PCB 197;

 and PCB 79—77).

The Board also notes that the settlement proposal is signed by a

person representing S

 & L which is in bankruptcy.

 Since the agree-

ment is regular on its face, the Board will assume that there

proper authorization from the bankruptcy court for disposition of

the assets of

S

 & L held by County.

 The Board notes that the agree-

ments, by Minor, Risley, Beatty and County to close the site, and by

the County to act if the others

 fail, are unconditional.

 In view of

this the Board finds the settlement acceptable

 (Procedural Rule 331).

If the provisions of the agreement with respect to use of the perform-

ance bonds prove unenforceable it will not excuse the various parties

from their agreements to bring the site into compliance.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

—7—

ORDER

1.

 Respondents Lindell Minor, Jerry Wiggs,

S

Sanitation,

Inc., Noble Risley, Jr., Robert Beatty and the County of

Franklin have violated Sections 21(b)

and

(e)

 of the Environ-

mental Protection Act and Rules 202(b) (1),

 301,

 302,

 303(a),

303(b),

 304,

 305(a),

 305(c),

 306,

 308,

 314(e),

 314(f) and 317

of Chapter

7:

 Solid Waste Management,

 substantially as al-

leged in Counts I through XI of the second amended complaint.

2.

 The complaint is dismissed with respect to Respondents Roger

L.

 Rinne, Larry G. Henderson and John C. Henderson.

3.

 No monetary penalty is assessed against any Respondent.

4.

 Respondents Lindell Minor, Noble Risley, Jr, Robert Beatty

and County of Franklin shall

 cease and desist violating the

Act

and

Chapter 7:

 Solid Waste Management.

5.

 Respondents

 shall carry out their obligations under the

proposals for settlement filed August 22,

 1980 which are

incorporated into this Order.

6.

 The motion for leave to file second amended complaint is

granted.

IT IS SO

ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby c~rtifythat b~ieabove Opinion and Order

were adopted on the

 /~7~’

 day of 1i4~-t~1980 by a vote of LJ_O

Illinois

 Control Board