ILLINOIS POLLUTION CONTROL BOARD

May

~lO, 1979

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

PCB 78—35

HAROLD J.

ROBERTSON, and ALBERT

)

HORNSTEIN,

an individual d/b/a

)

U.

S.

SCRAP AND METAL COMPANY,

Respondents,

MR. REED W. NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

MR. RANDALL D. WAKS, ATTORNEY AT LAW, APPEARED ON

BEHALF OF THE

RESPONDENTS.

OPINION AND ORDER OF THE

BOARD

(by Mr. Werner):

This matter

comes before the Board on the February

7,

1978

Complaint brought by the Illinois Environmental Protection Agency

(“Agency”).

This ten-count Complaint alleged that Respondent

Harold

J,

Robertson (“Robertson”)

,

who owned and operated a solid

waste

management site

(the “site”)

from August

1,

1973 until April

1,

1976,

and

the new owner,

Respondent Albert Hornstein (“Hornstein”)

d/b/a u.

S. Scrap and Metal Company, who operated the site from

April

1,

1976 until the date of the filing of the Complaint,

operated with:

(1)

no Agency Operating Permit;

(2) inadequate

daily

cover;

(3)

insufficient final cover over portions of the

site;

and

(4)

improper unloading,

spreading and compacting of refuse

in

violation of Rules 202(b) (1),

301,

303(a),

305(a)

and 305(c)

of

Chapter 7:

Solid Waste Regulations and Sections 21(b)

and 21(e)

of

the Illinois

Environmental Protection Act

(“Act”).

A hearing

was held on March

8,

1979.

The parties filed a Stipulation and

Proposal for Settlement

on March

13,

1979.

The stipulated

facts indicate that Mr. Harold J. Robertson

originally owned

3.48 acres of property in Decatur, Macon County,

Illinois which

was utilized as a solid waste management site on

which demolition

debris such as wood,

crushed brick and concrete

was deposited.

(Stip.

2-3),

Respondent Robertson obtained a

33—435

---

—2—

Development Permit from the Agency for this site

in August,

1973

and ceased accepting solid waste on his property sometime after

the expiration of the Development Permit

(i.e., after August

13,

1974)

.

However, adequate cover was not placed over all filled

portions of the

site,

although

Respondent Robertson “made progress

in that regard.”

(Stip.

3),

In the spring of 1976,

Mr.

Albert Hornstein

purchased the

property in question from Mr.

Robertson,

Respondent Hornstein

established an

industrial scrap metal business at the site after

April

1,

1976, but failed to place the requisite cover over a

small

portion of the property.

(Stip.

3).

It

is stipulated that, during

the period of August

1, 1973 to February 7,

1978, Agency personnel

had “numerous contacts” with both Respondents in regard to the need

for sufficient cover on filled portions of the site.

(Stip.

4).

While some progress was made, certain areas of the site still

remained improperly covered,

(Stip.

4).

The proposed settlement agreement provides that the current

property owner,

Respondent Hornstein,

shall

follow

a

compliance

plan

which

requires that he place adequate final cover over the

remaining filled portions of the site within

30 days.

(R.

4;

Stip.

5).

The parties recommend that no penalty be assessed

against Respondent Hornstein, and that a stipulated

penalty of $200

be imposed against the previous owner, Respondent Robertson,

for

past violations of

the Board’s

Solid

Waste Regulations and the Act.

(Stip.

7).

The

settlement

proposal also provides that both

Respondents have violated Rules

301,

305(a)

and 305(c)

of Chapter

7:

Solid Waste

Regulations and

Section 21(b)

of the Act and should be

ordered to cease and desist from further violations.

Additionally,

both parties

request that

Counts

I,

IV,

V, VI, IX, and X of the

Complaint be

dismissed,

(Stip.

5-7),

In evaluating this enforcement action and proposed settlement,

the Board has taken into

consideration all the facts

and circumstances

in light of the

specific

criteria delineated in Section 33(c)

of the

Illinois Environmental Protection Act.

The Board finds the

stipulated agreement

acceptable under Procedural

Rule

331 and

Section 33(c)

of the Act.

The Board finds

that the Respondents

Harold J.

Robertson and

Albert Hornstein,

an individual

d/b/a

U,

S. Scrap and Metal

Company, have violated Rules

301,

305(a)

and

305(c)

of Chapter

7:

Solid Waste Regulations

(“Chapter

7”)

and

Section 21(b) of the Act and shall immediately cease and desist

from further violations.

The Board hereby dismisses Counts

I,

IV,

V, VI, IX and X of the Complaint.

The Board finds that no penalty

shall be assessed

against

Respondent Albert Hornstein, d/b/a

U.

S. Scrap and Metal

Company.

However, Respondent Hornstein

is

ordered to provide sufficient

final cover over the remaining filled

portions of the site no later

than

30 days after the date of the

33—436

---

—3—

Board Order,

Respondent Harold

J.

Robertson shall pay the

stipulated

penalty of

$200 for violations of Chapter

7 and the Act.

This

Opinion

constitutes the Board’s findings of fact and

conclusions

of law in this matter.

ORDER

It is

the

Order of the Illinois Pollution Control Board that:

1.

The

Respondents have violated Rules

301,

305(a) and 305(c)

of Chapter

7:

Solid Waste Regulations and Section 21(b)

of the Act.

2.

The

Respondents shall immediately cease and desist from

further violations.

3.

Counts

I,

IV,

V, VI,

IX and X of the

Complaint are hereby

dismissed.

4.

Within 30

days of the date of this Order, Respondent

Albert Hornstein, d/b/a

U.

S.

Scrap

and Metal Company,

shall place

adequate final cover over the remaining filled

portions of the site.

5.

Within

45 days of the date of this Order, Respondent

Harold

J,

Robertson shall pay the stipulated penalty of $200

,

payment to be made by certified check or money order to:

State of Illinois

Fiscal Services Division

Illinois Environmental Protection Agency

Springfield, Illinois

62706

6.

The Respondents shall

comply with all the terms and

conditions of the Stipulation and Proposal for Settlement filed

March 13,

1979, which

is incorporated by reference as if fully set

forth herein.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control

Board, he

eb~ycertify the above Opinion and Order were

ad~pte~~

day of

_______________,

1979 by a

~a~)

Christan

L.

Moffet

,

rk

Illinois Pollution

ol Board

33—437