ILLINOIS POLLUTION CONTROL BOARD
    January
    10, 1980
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 77—311
    JOHN VANDER,
    )
    Respondent.
    MS. CHRISTINE
    ZEMAN,
    ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF
    OF
    THE COMPLAINANT.
    MR. CARL D. SNEED, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the November
    30, 1977
    Complaint brought by the Illinois
    Environmental Protection Agency
    (“Agency”).
    On May 18, 1978,
    the Agency filed a Motion for Leave to
    Amend its Complaint.
    On May 25,
    1978, the Board granted the Agency’s
    motion.
    Count
    I of the
    Amended
    Complaint alleged that,
    from July 27,
    1973 until the date of filing of the Complaint, the Respondent caused
    and allowed the development and operation of a solid waste management
    site
    (“site”) without the requisite Agency Development Permit in viola-
    tion of Rules 201 and 202(a)
    of Chapter
    7:
    Solid Waste Regulations
    (“Chapter
    7”) and Section 21(e)
    of the Illinois Environmental Protec-
    tion Act
    (“Act”).
    Count
    II alleged that,
    from July 27,
    1974 until the
    date of filing of the Complaint, the Respondent operated the site with-
    out an Agency Operating Permit in violation of Rule 202 (b) (1) of
    Chapter
    7 and Section 21(e)
    of the Act.
    Count III alleged that,
    from
    July 27,
    1973 until the date of filing of the Complaint (including,
    but not limited to, June 17,
    1976), the Respondent disposed of refuse
    at other sites or.facilities which did not meet the permit requirements
    of the Act and regulations thereunder in violation of Section 21(f)
    of
    the Act.
    Count IV alleged that, from September 12,
    1974 until the date
    of filing of the Complaint (including, but not limited to, November 30,
    1976, December 16, 1976, January 18,
    1977, February 2, 1977 and
    April
    21, 1977), the Respondent failed to place adequate final cover
    over portions of the site in violation of Rule 305(c) of Chapter
    7 and
    Section 21(b) of the Act,
    A hearing was held on November 16, 1979.
    The parties filed a Statement of Stipulated Settlement on November 21,
    1979.
    The Respondent,
    Mr.
    John Vander, owns
    6 acres of property located
    37—103
    —~—
    in the vicinity of his residence and trucking business near the City
    of Herrin in Williamson County, Illinois.
    Agency inspections have
    indicated that refuse, not generated by the’ Respondent’s own on—site
    operations, has been deposited on the property.
    On May 3,
    1973, the
    site was closed, but adequate final cover was not placed on the pro-
    perty until September
    11,
    1974.
    (Stip.
    2).
    On November
    30, 1976 and December 16, 1976,
    an Agency inspector
    observed several piles of combustible, uncovered insulation material
    (which had apparently been uncovered for several days)
    on an acre of
    the Respondent’s land.
    (Stip.
    2-4;
    See: Exhibits A,
    B, and C).
    The
    Agency employee noted that the surface of the site had a generous mix
    of insulation with soil and there appeared to be
    a large quantity of
    insulation material deposited there.
    (Stip.
    3).
    On January 16,
    1977, an Agency inspection revealed that refuse
    was no longer being deposited at the Respondent’s property and that
    Mr. Vander had done some final cover work on the site.
    (Stip.
    4).
    However, subsequent Agency inspections on February 2, 1977 and March
    7,
    1977 indicated that little cover work had been done since the prior
    inspection, and that a load of assorted garbage and a load of insula-
    tion material had been recently deposited at the site.
    (Stip.
    4-5;
    See: Exhibits D and E).
    On April 21, 1977,
    an Agency investigator
    observed three trucks owned by the Respondent deposit refuse at the
    site.
    (Stip.
    6; See: Exhibit F).
    Additionally, although there are
    two Agency permitted landfills within
    8 miles of the Respondent’s
    property, on July 31, 1971; October 5, 1972 and June 17, 1976, Agency
    employees observed the Respondent’s trucks deposit refuse at unpermitte~
    landfills.
    (Stip.
    5—7)
    The proposed settlement agreement provides that the Respondent
    shall:
    (1)
    cease depositing refuse on his property;
    (2) promptly
    place final cover
    (consisting of
    2 feet of suitable material on the
    subject
    2 acres);
    (3)
    haul refuse to only Agency permitted sites
    which comply with the Board’s Solid Waste Regulations and the Act;
    and
    (4) 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 circumstances
    in light of the specific criteria delineated in Section 33(c) of the
    Illinois Environmental Protection Act.
    The Board finds the proposed
    agreement to be acceptable under Procedural Rule 331 and Section
    33(c)
    of the Act.
    The Board finds that the Respondent,~Mr. John Vander, has
    violated Rules
    201,
    202(a),
    202(b) (1), and 305(c)
    of Chapter
    7:
    Solid
    Waste Regulations and Sections 21(b),
    21(e)
    and 21(f) of the Act.
    The
    Respondent is ordered to:
    (1)
    cease depositing refuse on his property;
    (2) promptly place suitable final cover over the subject
    2 acres; and
    (3) haul refuse to only Agency permitted sites which comply with
    Chapter
    7 and the Act.
    The stipulated penalty of $1,000.00 is hereby
    assessed against the Respondent.
    37—104
    —3.—
    This Opinion constitutes the Board’s findings of fact and con-
    clusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Respondent,
    Mr. John Vander,
    has violated Rules
    201,
    202(a),
    202(b) (1), and 305(c)
    of Chapter
    7:
    Solid Waste Regulations
    and Sections 21(b),
    21(e)
    and 21(f) of the Illinois Environmental
    Protection Act.
    2.
    The Respondent shall haul refuse to only Agency permitted
    sites which comply with Chapter 7:
    Solid Waste Regulations and the
    Act.
    3.
    The Respondent shall cease depositing refuse on his property
    in violation of Chapter
    7 and the Act.
    4.
    Within 60 days of the date of this Order, the Respondent
    shall place final cover consisting of
    2 feet of suitable material on
    the subject 2 acres.
    5.
    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 $1,000.00 which is to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    6.
    The Respondent shall comply with all the terms and conditions
    of the Statement of Stipulated Settlement filed November 21, 1979,
    which is incorporated by reference as if fully set forth herein.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, her~bycertify that the above Opinion and Order were adopted
    on the
    ~
    day of
    ___________________,
    1980 by a vote of 4~t~
    fn
    o~1~
    Christan L. Moffet11,,~4~rk
    Illinois Pollution C~i~rolBoard
    37—105

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