ILLINOIS POLLUTION CONTROL

BOARD

May 25,

1978

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB

77—283

CITY OF SYCAMORE,

an

Illinois municipal corporation,

Respondent.

MS. JUDITH

S.

GOODIE, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF THE COMPLAINANT.

MR. CHARLES

L.

FIERZ, CITY ATTORNEY, APPEARED ON BEHALF OF THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by Mr. Werner):

This matter comes before the Board o~ithe November

2,

1977

Complaint brought by the Illinois Environmental Protection Agency

which alleged that the City of Sycamore owned

a solid waste

management site which was improperly operated

in violation of

Rule 202(b) (1)

and Rule 311 of Chapter

7:

Solid Waste Regulations;

Rule 502(a)

of Chapter

2:

Air Pollution Cont~ol Regulations;

and

Section 9(c)

and Section 21(b)

of the IIlinoL~Environmental

Protection Act.

A hearing was held on Apr~i7,

1978.

The parties

filed a Stipulation and Proposal for Settlement on April

7,

1978.

The Respondent owned a sanitary landfill

in DeKaib County.

This

property

i S

loca

Led

nor Lb

oF the Ci Ly of

Sycamore,

at: the

terminus

of

North

Cross

Street.

The

siLo

is

hounded

on

the

north

by

the

Enst

Branch

of

Lhe

Kishwaukce

River

and

on

Lhe

south

by

the

Chicago

&

Northwestern

Railroad

viaduct.

In November of 1971,

the City of Sycamoi~eapplied

to the

Agency for a permit to conduct open burning at the site,

but this

request was denied by the Agency.

Although the City never

obtained an Agency permit to operate a solid waste management

site,

from time to time the property has been utilized for the

disposal and burning of landscape wastes

(such as tree limbs and

brush collected by the City as a service for its residents).

30

28i

---

The Agency contends that other wastes,

including discarded

appliances and sewage treatment plant wastes, have been deposited

at the site, while the City of Sycamore asserts

that its practice

of accepting other wastes in the

past

did not include sewage

treatment wastes and was discontinued during the relevant time

period.

On various dates between March 13, 1974 and August 22,

1977,

it

is stipulated that the City of Sycamore caused or allowed the

disposal of wastes at the site in violation of Solid Waste

Rule 202(b)

(1) and Section 21(e)

of the Act, as well as allowing

the open burning of wastes in violation of Solid Waste Rule 311

and Sections 21(b) and

9(c)

of the Act,

Subsequently, the parties

negotiated a proposed settlement which is designed to correct past

mistakes, prevent future problems, and protect the environment.

Basically,

the settlement agreement provides that the City of

Sycamore will:

(1) refrain from open burning or depositing wastes

at the site;

(2) remove all readily-~removablewastes located

along the northern and western boundaries of the property, and

deposit them at a sanitary landfill which has an Agency permit;

(3)

place suitable final cover on all areas of the site containing

wholly or partially exposed refuse on or before September

1,

1978;

(4) restrict access

to the property to prevent dumping

(including

the posting of “No Dumping” signa);

(5)

install

2 monitoring wells

at locations approved by the Agency;

(6) sample such wells

for a

period of

3 years from the date of final covering

(and submit

quarterly sampling reports

to the Agency);

(7)

post a $15,000.00

performance bond within 30 days of the date of the Board’s order;

and

(8) pay a stipulated penalty of $1,000.00

In evaluating this enforcement action and proposed settlement,

the Board has taken into consideration all the facts and circum-

stances

in light of the specific criteria delineated in Section

33(c)

of the Act.

Incinerator,

Inc.

v.

Illinois Pollution Control

Board,

59

Ill.

2d 290,

319 N.E.

2d 794

(1974).

Accordingly,

the Board accepts the Stipulation and Proposal

or

Settlement and

finds the

Ci. Ly ol Sycaniore

Ill

V

i 01

.1

t:

ion

ol:

Rule 202(b) (1) and Rule 311 of Chapter

7: Solid Waste Rejulations

and Sections 9(c),

21(b)

and 21(e)

of the Act.

The Board imposes

the stipulated penalty of $1,000.00

This Opinion and Order constitute the Board’s findings of

fact and conclusions of law in this matter.

30

—

282

---

—3—

ORDER

It is the Order of the

Illinois

Pollution Control Board

that:

1.

The City of Sycamore has violated Rule 202(b) (1)

and

Rule 311 of Chapter

7:

Solid Waste Regulations and Sections 9(c),

21(b)

and 21(e)

of the Act.

2.

Within

35 days of the date of this Order, the City of

Sycamore shall pay the stipulated penalty of $1,000.00

,

payment

to be made by certified check or money order

to:

State of Illinois

Fiscal Services Division

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield,

Illinois 62706

3.

The City of Sycamore shall comply with all the terms and

conditions of the Stipulation and Proposal for Settlement filed

April

7,

1978, which is incorporated by reference as if fully

set forth herein.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Opinion and Order were

adopted on the ~4~day

of

,

1978 by a

vote of ~

Christan L. Mof

,

Clerk

Illinois Pollution Control Board

30

—