ILL~r~1OISPOLLUTION
    CONTROL
    BOARD
    April 17,
    1980
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Complainant,
    v.
    )
    PCB
    79—241
    CITY
    OF
    EARLVILLE,
    a
    Municipal CorporaLion,
    Respondent.
    NP..
    PHILIP
    L.
    WILLMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    ANDERSON AND ANDERSON, ATTORNEYS
    AT LAW
    (MR.
    THOMAS N.
    ANDERSON, JR.,
    OF COUNSEL) APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the November 14, 1979
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”)
    which alleged that,
    from July 14,
    1977 until November 14,
    1979,
    the Respondent operated its solid waste disposal site
    (“site”)
    without
    an Operating Permit
    in violation of Rule 202(b)(l) of
    Chapter
    7:
    Solid Waste Regulations
    (“Chapter 7”) and Section
    21(e)
    of the Illinois Environmental Protection Act
    (“Act”).
    A hearing
    was held on February 11,
    1980.
    The parties filed a Stipulation
    and Proposal
    for Settlement on February
    26,
    1980.
    The City of Eariville
    (“City”) operates
    a sanitary landfill
    in LaSalle County,
    Illinois which occupies approximately one—fourth
    acre of low-lying land immediately adjacent to Indian Creek on the
    east, and adjoining the railroad tracks
    (which are owned by the
    Burlington
    Northern
    Railroad
    Company)
    on
    the
    north
    and
    west.
    It
    is
    stipulated
    that
    on
    July
    26,
    1977,
    August
    15,
    1977,
    March
    9,
    1978,
    September 28,
    1978,
    October
    18,
    1978,
    November 14,
    1978,
    March
    21,
    1979,
    May
    3,
    1979,
    and December
    6,
    1979,
    the
    Respondent allowed the open dumping of refuse
    (such as concrete,
    wood, paper,
    steel reinforcement materials,
    landscape waste and
    other debris)
    at the site without spreading or compacting the
    material or placing
    2 feet of natural
    earthen cover over the
    surface.
    (Stip.
    2—3).
    The Agency notified the Respondent
    in writing about the
    necessity for an Operating Permit on August
    17,
    1977,
    August
    26,
    —2—
    1977,
    March 29,
    1978,
    October 26,
    1978,
    and July
    1,
    1979.
    Addition-
    ally,
    the Agency recommended that the City discontinue the acceptance
    of additional refuse;
    properly spread, compact, and cover all refuse;
    and obtain the requisite Operating Permit.
    However,
    the City failed
    to respond to the Agency’s letters.
    (Stip.
    3).
    The proposed settlement agreement provides that the Respondent
    admits the allegations charged
    in the Complaint and agrees to:
    (1)
    spread,
    compact, and cover all refuse with at least
    2 feet of
    Agency—approved,
    clean,
    natural earthen material by July 31,
    1980;
    (2)
    grade
    the
    side
    slopes
    of
    the
    site
    (in
    a
    horizontal—vertical
    ratio oF
    noti
    less
    than
    3:1)
    by
    July 31,
    1980;
    (3)
    seed all the
    slopes of the site for the purpose of erosion control within
    30 days of the application of final cover;
    (4) not allow the
    dumping of any additional
    refuse unless or until the City obtains
    the necessary Operating Permit;
    (5) remove any additional refuse
    dumped at the site,
    after application of final cover, to an
    Agency—approved
    landfill;
    (6) properly close the site in accordance
    with
    Rule 318 of Chapter
    7;
    and
    (7) pay a stipulated penalty of
    $300.00
    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.
    The Board finds the stipulated agreement acceptable
    under Procedural Rule 331 and Section 33(c)
    of the Act.
    The Board
    finds that the Respondent,
    City of Earlville, has operated its
    sanitary landfill
    in violation of Rule 202(b)(l)
    of Chapter 7:
    Solid Waste Regulations and Section 21(e)
    of the Act.
    The stipulated
    penalty of $300.00
    is assessed against the City.
    This Opinion constitutes the Board’s
    findings of
    fact and
    conclusions of law
    in this matter.
    ORDEP
    It
    is the Order of the Illinois Pollution Control
    Board that:
    1.
    The Respondent,
    the City of Earlville, has violated
    Rule
    202(b)(l)
    of Chapter
    7:
    Solid Waste
    Regulations and
    Section
    21(e)
    of the Illinois Environmental Protection Act.
    2.
    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 $300.00 which
    is
    to be
    sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    —3--
    3.
    The Respondent shall comply with all the terms and conditions
    of the Stipulation and Proposal for Settlement
    filed February
    26,
    1980,
    which
    is incorporated by
    reference as if fully set forth
    herein.
    I,
    Christan I~. Moffett,
    Clerk of
    the Illinois Pollution Control
    Board, her~H~rcertify tha~the above Opinion and Order were adopted
    on
    the
    ~4~day
    of
    ___,
    1980 by
    a vote of
    ~
    (4
    ~~stanL.Moffe,ler?~~
    Illinois Pollution
    trol Board

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