ILLINOIS POLLUTION CONTROL BOARD

January

24,

1980

ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 79-76

S

& L SANITATION,

INC.,

a Missouri

corporation;

ROGER L,

RINNE; LARRY

G.

HENDERSON; and JOHN C. HENDERSON,

)

Respondents.

MR. PATRICK

J. CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF THE COMPLAINANT.

MR. GERALD

S.

REED, ATTORNEY AT LAW, APPEARED ON BEHALF OF

RESPONDENT ROGER L.

RINNE,

MR. ARLIE TRAUGHEER, ATTORNEY AT LAW, APPEARED ON BEHALF OF

RESPONDENTS LARRY

G. HENDERSON AND JOHN

C.

HENDERSON.

OPINION AND ORDER OF THE BOARD

(by Dr. Satchell):

This matter comes before the Board upon a complaint filed

on April

5,

1979 by the Environmental Protection Agency

(Agency).

An amended complaint was filed on May 17, 1979 alleging that

Respondents had violated Section 21(e)

of the Environmental

Protection Act

(Act)

and Rule 202(a)

of Chapter

7:

Solid Waste

Regulations

(Chapter

7)

and that Respondents violated Sections

21(a)

and

(b)

of the Act and Rule 301 of Chapter

7

by violating

Rules

303(a),

303(b)

and 305(a)

of Chapter

7.

A hearing

was

held

on September 17,

1979 at which time

a stipulated agreement

was

submitted

for

Board approval.

The stipulated agreement provides that

S

& L Sanitation, Inc.

(S

&

L)

is a Missouri corporation.

The officers and directors of

the

corporation

were Roger

L.

Rinne, John

C.

Henderson and Larry

G.

Henderson.

According to the stioulation, under the laws of the

state

and by~1aws

of

S

& L the officers

and

directors control the

actions

of

the company.

In this case

the

main

person who ran

the

operation

of

S

& L was Roger Rinne.

S

& L

owned

a

2,2

acre tract of land located in the north~

east quarter

of

Section 16, Township

6

North

sic,

Range

2 West

of

the Third Principal Meridian in Perry County, Illinois,

S

&

L

operated a transfer station at this

site.

Under normal operation

of

the

transfer

site refuse would be brought to that location, com—

37—197

---

—2—

pacted

and

then

removed

from the site for disposal in a proper

landfill.

From approximately

June

1,

1978 to July 19, 1978

general refuse was allowed to accumulate on the site.

On July

19, 1978 the accumulated refuse was placed in a

trench and

buried

at the site.

After July 19, 1978 refuse was again allowed to

aqcumulate at the site until September 7, 1978.

Respondent Rinne contends that the reason for such accum-

ulation

was

a

breakdown

in

the

compactor

at

the

site.

In

order

to

correct

this

problem,

Mr.

Rinne

attempted

to

purchase

a

new

part

and also

purchased

an

additional

truck

to

remove

refuse

from

the

site.

During

this

time

period

the

Agency

sent

four

letters

to

S

&

L

detailing

the

violations

which

the

Agency

felt

existed

at

the

site.

None

of

the

Respondents

replied.

None

of

the

Respond-

ents

possess

a

permit

issued

by

the

Agency

which

would

allow

them

to

operate

the

solid

waste

management

site

in

question.

None

of

the

Respondents

made

any

attempt

to

comply

with

the

operational

requirements

of

Chapter

7

•

This

resulted

in

of

the

site

in

a

manner

such

that

not

all

of

the

refuse

was

depos-

ited

in

the

toe

of

the

fill

or

in

the

bottom

of

the

trench

and it

was

not

spread

and

compacted

in

the

bottom

of

the

trench.

The

refuse

was

not

spread

and

compacted

in

layers

not

exceeding

two

feet

in

depth

as

rapidly

as

it

was

deposited

at

the

site

and

a

compacted

layer

of

at

least

six

inches

of

suitable

material

was

not

placed

on

all

exposed

refuse

at

the

end

of

each

day

of

opera-

tion

•

The

large

accumulation of refuse which occurred

on

the

site

resulted

in

odors

and

a

large

fly

population.

The

refuse

which

accumulated

from

July

19,

1978

to

September

7,

1978

was removed

from

the

site

and

buried

in

an

adjacent

land-

fill.

This

work

was

done

by

a

person

to whom the site was sold.

The

price

paid

reflected

the

fact

that

the

work

would

have

to

be

done.

Respondent

Rinne

works

for

S

&

L

full

tithe

and

received

approximately

$12,000

in

1978.

Respondent

John

Henderson

was

to

work

one-half

the

number

of

hours

that

Mr.

Rinne

worked;

he

received

approximately

$5800

compensation

for

the

year

1978.

This

compenSa-

tion

includes work at other sites.

Respondent Larry G. Henderson

did

not

take

an

active

part

in

the

affairs

of

S

&

L

corporation.

S

&

L

Corporation

is

in

37—198

---

—3—

The parties agree that the transfer station had social and

economic value but the value was diminished when the site was not

properly operated and large amounts of exposed refuse were allowed

to accumulate.

It is both technically and economically possible

to correct the problems at the site.

Presently none of the refuse

involved during the period of the complaint is still exposed at

the site.

The stipulation provides that John

C.

Henderson will by

December

1,

1979 place cover on the refuse which was buried on

the site on July 19,

1979 so that a total of three feet of cover

exists over such refuse.

In the event that the present owner

prohibits the placement of the cover,

then John

C. Henderson

shall pay a penalty of

$500.

Roger L.

Rinne shall pay a penalty

of $1000 payable in installments of $250 every three months from

the date of this Order,

Based on Larry

G. Henderson’s lack of

involvement he will be dismissed.

Since

S

& L Corporation is in

bankruptcy and presently there is no realistic possibility of

receiving payment of any penalty that would be imposed the Agency

agrees to the dismissal of S

&

L.

The Board finds the stipulated settlement acceptable under

Procedural Rule

331,

The Board finds Respondents Roger L. Rinne

and John C.

Henderson in violation of Rule 202(a)

of Chapter

7

and Section 21(e)

of the Act and Rules 30l,~303(a),

303(b) and

305(a)

of Chapter

7 and Sections 21(a)

and

(b)

of the Act.

Re-

spondents Larry

G. Henderson and S

& L Sanitation,

Inc.

are dis-

missed.

Respondent Henderson will provide appropriate cover as

provided by the stipulation.

Respondent Rinne will pay a penalty

of $1000

as

stipulated,

This Opinion contitutes 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.

Respondents Roger

L.

Rinne and John

C. Henderson are

found in violation of Rule 202(a)

of Chapter

7:

Solid

Waste Regulations and Section 21(e)

of the Environmental

Protection Act and Rules

301,

303(a),

303(b) and 305(a)

of Chapter

7 and Sections 21(a)

and

(b) of the Act.

37—199

---

—4—

2.

Respondents

Larry

G.

Henderson

and

S

& L Sanitation,

Inc.

are

dismissed,

3,

Respondent

John

C. Henderson will provide cover as

provided by the

stipiilation incorporated by reference

as if completely set forth herein.

Should Mr. Henderson

be unable to accomplish the covering of the refuse he

shall pay a penalty

of $500.

4.

Roger

L.

Rinne shall pay a penalty of $1000

in install-

ments of $250 every three months from the date of this

Order.

5.

Respondents shall,

by certified check or money order

payable to the State of Illinois, pay civil penalties

as specified above which are to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

Illinois 62706

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

~

day of~,

19

~‘

by a vote

Christan L. Moffe

,

ler

Illinois Pollution

ntrol Board

37—200