ILLINOIS POLLUTION CONTROL BOARD
    August
    7,
    1980
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 77—262
    ELGIN NATIONAL BANK,
    AS TRUSTEE
    )
    UNDER TRUST NO.
    893, AND
    )
    VICTOR SARRO,*
    Respondents.
    ANNE
    K. MARKEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF
    THE COMPLAINANT.
    VICTOR SARRO APPEARED PRO SE.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the October
    4,
    1977
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”) which alleged that a solid waste management site
    (“site”)
    was operated without an Operating Permit from the Agency from
    February
    2,
    1976 until October
    4,
    1977 in violation of Rule 202(a)
    of Chapter
    7:
    Solid Waste Regulations and Section 21(e) of the
    Illinois Environmental Protection Act
    (“Act”).
    A hearing was held
    on December
    4,
    1978.
    The parties filed a Stipulation and Proposal
    for Settlement on July 10,
    1980.
    The property in question, a barren piece of land,
    is
    located
    north of Larkin Avenue and west of Gale Street in Elgin,
    Kane
    County,
    Illinois.
    (Stip.
    2;
    R.
    8).**
    Otter Creek, an intermittent
    stream, flows across the property from north to south during
    periods of heavy surface runoff.
    (Stip.
    2).
    *The parties to the Stipulation and Proposal for Settlement have
    requested that the Board amend the original Complaint to substitute
    Mr. Victor Sarro in place of Mr. Henry Santurro
    (who is now deceased)
    as a Respondent.
    This motion
    is hereby granted and the caption of
    the case has been modified to reflect this change.
    —2—
    The Elgin National Bank,
    as trustee under Trust No.
    893, holds
    legal title to the site.
    (R.
    5—6; Stip.
    2).
    Trust No.
    893 was
    established by Mr. Henry Santurro, who managed the property until
    his death in 1969.
    From 1969 until the present time, the property
    has been managed by Mr. Victor Sarro,
    a builder and contractor,
    who is the son—in—law of Mr. Henry Santurro.
    Mr. Victor Sarro, the
    husband of one of the beneficiaries of the trust,
    supervises the
    property on behalf of the bank and the beneficiaries.
    The
    beneficiaries of the trust are Mrs. Alice Santurro, Mrs. Mary Ann
    Sarro, and Mrs. Monica Westerman.
    Mrs. Alice Santurro is Victor
    Sarro’s mother—in—law.
    Mrs. Mary Ann Sarro is Victor Sarro’s wife.
    Mrs. Monica Westerman is Victor Sarro’s sister—in—law.
    (R.
    8).
    Between February,
    1976 and December, 1978,
    various unknown
    individuals disposed of demolition wastes and concrete on the
    property
    (i.e.,
    “dumping” occurred).
    It
    is stipulated that this
    filling
    of the site has caused flooding problems on some of the
    neighboring lots.
    (Stip.
    2).
    At the hearing, Mr.
    Sarro indicated that he attempted to
    rectify the problems at the property by placing black dirt and
    other fill material on the site and using a bulldozer to level it
    out.
    (R.
    8—9).
    A drainage ditch was also constructed to help
    alleviate the situation.
    (R.
    10).
    The parties have stipulated that it was Mr. Victor Sarro who
    initially contacted the Agency and acknowledged his responsibility
    for the activities on the site as its manager.
    (Stip.
    3).
    At the
    hearing, the Assistant Attorney General indicated that Mr.
    Sarro
    had shown “diligence” in trying to take care of problems and had
    exercised “good faith” in dealing with the property.
    (R.
    11).
    Additionally,
    the Agency’s Request for Admissions of Fact
    dated September 20,
    1978
    (which the Elgin National Bank admitted
    by its failure to respond) was received into evidence at the
    hearing.
    (R.
    5—6; Stip.
    3).
    This document indicated that the
    Elgin National Bank,
    as trustee under Trust No.
    893, holds
    legal
    title to the real estate in question and states that the Respondent
    bank had not received a permit from the Agency authorizing the
    operation of a solid waste management site.
    (R.
    5-6; Stip.
    2).
    Thus,
    neither the Respondent bank nor Mr. Victor Sarro had the
    requisite Operating Permit from the Agency.
    (Stip.
    2).
    **The pages in the record have unfortunately been misnumbered in
    that there are two page 8’s.
    The Board has taken official notice
    of this and hereby re—numbers the pages
    so that they are in consecutive,
    numerical order.
    Thus,
    the second page
    8 becomes page 9,
    etc.
    —3—
    The proposed settlement agreement provides that Mr. Victor
    Sarro
    shall:
    (1) place
    2 feet of appropriate final cover on the
    site (this has already been done and the Agency has inspected the
    final cover and has found it to be satisfactory) and
    (2) construct
    a drainage ditch to divert the Otter Creek flows from the filled
    area on the site and promptly install drainage tiles
    in this ditch.
    The parties have also proposed that, because of Mr. Sarro’s
    diligence and good faith in resolving this matter,
    no penalty be
    assessed in this case.
    Additionally,
    the parties to the Stipulation
    have requested that the Board amend the original Complaint to substi-
    tute Mr. Victor Sarro in place of Mr. Henry Santurro as a Respondent.
    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 Illinois Environmental Protection Act.
    The Board finds the
    stipulated agreement acceptable under Procedural Rule 331 and
    Section 33(c)
    of the Act.
    The Board hereby amends the original Complaint to substitute
    Mr. Victor Sarro in place of Mr. Henry Santurro as a Respondent.
    Because the evidence at the hearing indicates that the bank holds
    bare legal title to the site and merely acted in its limited role
    as a trustee,
    the Elgin National Bank is hereby dismissed as a
    Respondent in this case.
    The Board finds that Mr. Victor Sarro
    has violated Rule 202(a) of Chapter
    7:
    Solid Waste Regulations
    and Section 21(e) of the Act.
    The record indicates that Mr.
    Sarro
    already has come into substantial
    compliance with the proposed
    settlement agreement.
    Because of Mr. Sarro’s diligence and good
    faith in correcting the environmental problems at this site,
    no
    penalty is assessed against him.
    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 Elgin National Bank,
    as trustee under Trust No.
    893,
    is hereby dismissed as
    a Respondent in this case.
    2.
    The original Complaint is hereby amended to substitute
    Mr. Victor Sarro in place of Mr. Henry Santurro (who is now
    deceased) as a Respondent.
    3.
    Mr. Victor Sarro has violated Rule 202(a)
    of Chapter 7:
    Solid Waste Regulations and Section 21(e)
    of the Illinois
    Environmental Protection Act.
    4.
    Mr. Victor Sarro shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    July
    10, 1980, which
    is incorporated by reference as if fully
    set forth herein.
    —4—
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order were adopted
    on the
    7.11.
    day of
    _______________,
    1980 by a vote of
    __________
    ~stan,er~~
    L. Moffett
    Illinois Pollution Control Board

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