ILLINOIS POLLUTION CONTROL BOARD
    October
    30,
    1980
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—211
    GUY MARLIN,
    Respondent.
    MR. PATRICK J. CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    MR. JOHN J. KUROWSKI, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the August
    7,
    1978
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count
    I of the Complaint alleged that,
    from November 29,
    1976 until August
    7,
    1978,
    Mr. Guy Marlin operated a solid waste
    management site
    (“site”) in St. Clair County,
    Illinois without an
    operating permit from the Agency in violation of Rule 202(a) of
    Chapter 7:
    Solid Waste Regulations
    (“Chapter 7”) and Section 21(e)
    of the Illinois Environmental Protection Act (“Act”).
    Count II
    alleged that,
    from November 29,
    1976 until August
    7,
    1978,
    Mr.
    Marlin accepted liquid and hazardous wastes
    (including, but not
    limited to, toluene, xylene, and ethylbenzene) at the site without
    authorization by Agency permit in violation of Rules 301 and 310(b)
    of Chapter
    7 and Section 21(b) of the Act.
    Count III alleged that,
    on December 24,
    1976,
    Mr. Marlin caused or allowed open burning of
    the aforementioned hazardous and liquid materials at the site in
    violation of Rules 301 and 311 of Chapter 7; Rule 502(a)
    of
    Chapter
    2:
    Air Pollution Control Regulations (“Chapter 2”)
    and
    Section 9(c)
    of the Act.
    Count IV alleged that Morris Industries,
    a Delaware corporation d/b/a Lanson Chemical Company
    (which
    initially was also a Respondent in this case),
    from November 29,
    1976 until August
    7,
    1978, caused or allowed the disposal of refuse
    (including hazardous and liquid wastes such as toluene,
    xylene,
    and
    ethylbenzene) at the site in violation of Section 21(f) of the Act.
    On January 10,
    1980, the Board entered an Order which mandated
    that the parties expedite proceedings in this case.
    On March
    3,
    1980,
    the Agency filed a Motion to Dismiss without prejudice the
    —2—
    Complaint as to the Respondent Morris Industries d/b/a Lanson
    Chemical Company (“Lanson Chemical Company”).
    As grounds for this
    motion,
    the Agency noted that it recently found out that Respondent
    Lanson Chemical Company “was adjudged bankrupt on May 23,
    1978 in
    cause no. BK—77—04530—E by the United States District Court for the
    Eastern District of Illinois,”
    On March
    20,
    1980, the Board entered
    an Order dismissing this case with prejudice as to Respondent
    Lanson Chemical Company.
    A hearing was held on August 26,
    1980 at
    which
    no members of the public were present.
    The parties filed a
    Statement of Stipulated Settlement on September 18,
    1980.
    The stipulated facts indicate that there were about 100 barrels
    of waste “already present on the site” when Mr.
    Marlin and his wife
    bought their property in 1976,
    (Stip.
    2;
    R.
    2).
    The Respondent
    then allowed the Lanson Chemical Company to deposit about 370 barrels
    of liquid and other wastes at the site for disposal.
    (Stip.
    2;
    R.
    2—3).
    It is also stipulated that “Guy Marlin did not receive any
    money from Lanson Chemical Company for disposal of the barrels and
    their contents at the site.”
    (Stip.
    3;
    R.
    3).
    However, the
    Respondent,
    Guy Marlin, had no development or operating permit from
    the Agency to operate
    a solid waste facility on the property, and
    had no written authorization from the Agency to allow the acceptance
    of liquid wastes at the site.
    (Stip.
    2;
    R.
    3),
    On December 24,
    1976,
    a fire at the site “burned many, but not all, of the barrels
    and their contents.”
    (Stip.
    2;
    R.
    3).
    Subsequently,
    Mr. Marlin
    “removed most, but not all, of the barrels” from the property.
    (Stip.
    2—3;
    R,
    3).
    While Mr. Marlin did not admit liability for any of the
    allegations charged in the Complaint, he entered into a stipulated
    settlement in order to resolve this matter,
    (Stip.
    3;
    R.
    2).
    The
    proposed settlement agreement provides that the Respondent,
    Mr. Guy
    Marlin, agrees to:
    (1) not accept any additional refuse for disposal
    at the site unless an Agency permit for such disposal
    is first
    obtained;
    (2) promptly complete the removal of all remaining barrels
    as soon as an Agency approved site is available to take the material,
    and
    (3) pay a stipulated penalty of
    $100.00
    .
    (Stip.
    3;
    R.
    3—4).
    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.
    The Board finds the stipulated agreement acceptable
    under Procedural Rule 331 and Section 33(c)
    of the Act.
    The
    Board
    finds that the Respondent,
    Mr. Guy Marlin, has violated Rules
    202(a),
    301,
    310(b), and 311 of Chapter
    7:
    Solid Waste Regulations; Rule
    502(a) of Chapter 2:
    Air Pollution Control Regulations, and Sections
    9(c),
    21(b), and 21(e)
    of the Act,
    The
    stipulated penalty of $100.00
    is hereby assessed against Respondent Marlin.
    This Opinion constitutes the Board~sfindings of fact and
    conclusions of law in this matter,
    —3
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Respondent,
    Mr. Guy Marlin,
    has violated Rules
    202(a),
    301,
    310(b), and 311 of Chapter
    7:
    Solid Waste Regulations; Rule
    502(a) of Chapter
    2:
    Air Pollution Control Regulations, and
    Sections 9(c), 21(b), and 21(e) of the Illinois Environmental
    Protection Act.
    2.
    Within 30 days of the date of this Order, subject to
    acceptability at an approved site, the Respondent shall take all
    the barrels and their contents that remain at his site to a landfill
    which has been approved for disposal of such material.
    However,
    if
    no approved site is available to take this material within the
    30 day time period, then the Respondent agrees to complete the
    removal
    of the barrels and their contents as soon as an approved
    site
    is available to take the material.
    3.
    Within 45 days of the date of this Order, the Respondent
    shall,
    by certified check or money order payable to the State of
    Illinois, pay the stipulated penalty of $100.00 to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    4.
    The Respondent shall comply with all the terms and conditions
    of the Statement of Stipulated Settlement filed September 18,
    1980,
    which
    is incorporated by reference as if fully set forth herein.
    Chairman Dumelle and Mrs. Anderson concur.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board, here/~rcertify tha
    t e above Opinion and Order were~adopted
    on the
    ~3c~
    day of
    _______________,
    1980 by a vote of
    ~
    Christan L. Mof
    ~4
    Clerk
    Illinois Pollution Control Board

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