ILLINOIS POLLUTION CONTROL BOARD
April 16, 1987
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
PCB 85—88
RICHARD NAUMAN,
)
Respondents
MR. JAMES L, MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT~,
MRS, ARLIE TRAUGHBER, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
RESPONDENT
OPINION AND ORDER OF THE BOARD (by J~D..Dumelle):
This matter comes before the Board on a two—count Complaint
filed on June 25, 1985 by the Illinois Environmental Protection
Agency (Agency)
The Agency alleges in Count I of its Complaint that since or
before February 9, 1983 until the filing of the complaint
Respondent, Richard Naumari (Nauman), has caused or allowed
discarded material from one or more sources to be disposed of on
property he owns without a permit for such disposal from the
Agency~ The discarded material was not confined to the smallest
practical volume nor was it covered with a layer of earth and,
therefore, Nauman has caused or allowed open dumping in violation
of section 21(a) of the Environmental Protection Act (Act)~.
The Agency alleges in Count II of the Complaint that since
or before February 9, 1983 until the filing of the complaint
Nauman has caused or allowed discarded material which is
generated off—site by a person or persons other than Nauman and
brought to the site to be disposed of, that the Agency has not
granted Nauman a Development or Operating Permit for his site and
that by causing or allowing discarded material to be stored or
disposed at his site without such permits from the Agency, Naumari
has violated Sections 21(d)(l), 2l(d)(2) and 21(e) of the Act and
35 Ills Adm, Code 8O7~.2Ol and 8071202(a)b
Hearing was held on September 3, 1986, at which the parties
indicated that the matter had been settled and that a signed
Stipulation and Proposal for Settlement would be filed for
consideration by the Board.~ As of February 5, 1987, the Board
77-121
—2—
had not received the signed settlement agreement and ordered that
the parties submit such an agreement by March 16, 1987, In
response, the parties filed an unsigned Stipulation and Proposal
for Settlement on March 5, 1987. On March 19, 1987, the Board
ordered the parties to file a properly signed proposal for
settlement by April 2, 1987. On April 8, 1987, the signed
Stipulation and Proposal for Settlement was filed.. Although
filed six days after the final date set by Board Order and more
than seven months after the parties indicated that a settlement
had been reached, the Stipulation and Proposal for Settlement has
been accepted by the Board.
The parties have stipulated to the following set of facts:
Nauman owns the site in question which is located approximately
one—half mile north of the intersection of Highway D and HH Road
southwest of New Hanover, Monroe County, Illinois.. In the spring
of 1982, Nauman requested that a third party deliver two loads of
used tires to his site. The third party subsequently delivered
the two loads in addition to other loads of used tires and
several bales of tire cords which had not been requested by
Nauman, A majority of the tires have remained at the site, and a
portion of the tires have been sold by Nauman to other persons..
On or before January 31, 1983, nine empty or partially empty
drums were dumped in the vicinity of the used tires, and sometime
before July 1, 1985, the drums were removed by an unknown
party.. This dumping was done without Nauman’s permission and
despite his efforts to prevent such dumping.. Finally, during the
period of 1982 to 1985, domestic refuse was dumped by unknown
persons in the vicinity of the used tires.. Again, this dumping
was done without Nauman’s permission and despite his efforts to
prevent such dumping.. (Stip.. at 2)..
The proposed settlement agreement provides that Nauman
agrees to remove and properly dispose of the used tires remaining
at the site, Such action shall occur within ninety days of the
Board’s Order approving the settlement agreement.. The settlement
agreement provides that proper disposal shall include:
1.. Disposal at a licensed solid waste disposal or
recycling facility;
2. Sale to a third party; and
3, Use by Nauman on equipment used in the operation of his
farm..
(Stip.. at 3)..
In addition, the settlement agreement provides that Nauman may
stockpile reusable tires removed from the site in the immediate
vicinity of his barn for future use or sale provided that no more
than 100 of these tires shall remain in the stockpile after 210
77-122
—3—
days from the date of the Board’s Order approving the settlement
agreement and that tires placed in the stockpile shall be
arranged in an orderly manner.. (Stip.. at 3).
Lastly, the settlement agreement provides that Nauman
neither admits nor denies the alleged violations and that no
penalty, other than the following stipulated penalty shall be
required in this case because of the unique circumstances
involved, The stipulated penalty provides that in the event that
Nauman fails to properly remove the used tires and tire cords
from the site within ninety days of the date of the Board’s Order
approving the settlement agreement, Nauman shall pay a penalty of
$300.00 each month, or portion thereof, said tires or cords
remain on site.. (Stip.. at 3—4),
In evaluating this enforcement action and proposed
settlement agreement, the Board has taken into consideration all
the facts and circumstances in light of the criteria set forth in
Section 33(c) of the Act and finds the proposed settlement
agreement acceptable under 35 Ill. Adm. Code 103.180.
Accordingly, the Board will order Nauman to follow the agreed
upon compliance plan as set forth in the following Order.
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. Respondent, Richard Nauman, shall remove and dispose of
the used tires remaining at the site in question by
July 15, 1987. Proper disposal shall be limited to:
a) Disposals at a licensed solid waste disposal or
recycling facility;
b) Sale to a third party; or
C)
Use by Respondent on equipment used in the
operation of his farm.
2.. Respondent may stockpile reuseable tires removed from
the site in question. Such stockpiling shall be
limited to the area in the immediate vicinity of
Respondents farm for future use or sale provided,
however, that no more than 100 tires shall remain in
the stockpile after November 12, 1987. Tires placed in
the stockpile shall be arranged in an orderly manner.
77-123
—4—
3. In the event that Respondent fails to properly dispose
of the used tires and the cords from the site by July
15, 1987, Respondent shall pay a penalty of $300.00 for
each month, or portion thereof, said tires or cords
remain on site..
4. Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for
settlement filed April 8, 1987, which is attached
hereto..
IT IS SO ORDERED.
I, Dorothy M, Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
/c~~!~ day of
_____________,
1987 by a vote
of
~--
C
.
Dorothy M./Gunn, Clerk
Illinois Pollution Control Board
77-124
BEFORE THE ILLINOIS POLLUTION CONTROL ~
~
MONROE COUNTY, ILLINOIS
LI
ILLINOIS ENVIRONMENTAL
)
IJ~1
APR
81987
PROTECTION AGENCY,
)
I
~
I
~1AT~
Or 1LLi~u:$
)
~~POLLU~O~JCONTROL EOA~
Complainant,
)
—ye—
)
PCB 85—88
)
RI CHARD NAUMAN,
)
)
Respondent.
STIPULATION
AND
PROPOSAL FOR SETTLEMENT
NOW
COME
complainant, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY, and respondent, RICHARD
NAUMAN,
and do hereby submit this
Stipulation and Proposal for Settlement.
The parties agree that
the Statement of Facts contained herein represents a fair
summary
of the
evidence and testimony which would be introduced by the
parties if a full hearing were held. The parties further agree
that this Statement of Facts is made and agreed upon for the
purposes of settlement only and that neither the fact that either
party has entered into this Stipulation, nor any of the facts
stipulated herein, shall be introduced into evidence in this or
any other proceeding except to enforce the terms hereof by the
parties to this agreement. This agreement shall be null and void
unless the Illinois Pollution Control Board (“Board”) approves
and disposes of this matter on each and every one of the terms
and conditions of settlement set forth herein.
STATEMENT OF FACTS
1. Complainant, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (“Agency”), is an administrative agency established in the
executive branch of the State government by section 4 of the
Illinois Environmental Protection Act, Ill. Rev. Stat. 1981, ch.
—1—
77-125
111 1/2, par. 1001 et
~
(hereinafter “Act”), and charged
inter alia, with the duty of enforcing the Act, pursuant to
Title B thereof.
2.
Respondent, RICHARD NAUMAN, owns certain property
located approximately one-half mile north of the intersection of
Highway D and HH Road southwest of New Hanover, Monroe County,
Illinois,
and more particularly described as sections 7 and 18 of
Township 2 South, Range 10 West (hereinafter “the site”).
A
portion of this property is located adjacent to where HH Road
crosses over Fountain Creek.
3. In the spring of 1982, respondent requested that a
third party deliver two loads of used tires to the site. The
third party subsequently delivered several other loads of used
tires and several bales of tire cords which had not been
requested. A majority of the tires have remained at the site to
the present. A portion of the tires have been sold by respondent
to other persons.
4. On or before January 31, 1983, nine empty or
partially empty drums were dumped in the vicinity of the used
tires. Sometime before July 1, 1985 the drums were removed by an
unknown party. This dumping was done without respondent’s
permission and despite his efforts to prevent such dumping.
5. During the period of 1982 to 1985 domestic refuse
was dumped by unknown persons in the vicinity of the used tires.
This dumping was done without respondent’s permission and despite
his efforts to prevent such dumping.
—2—
77-126
TERMS OF SETTLEMENT
As a result of settlement discussions conducted,
respondent and complainant believe the public interest will be
best served by the resolution of this enforcement action under
the terms and conditions provided herein.
In accordance with the
procedure for settlement prescribed in 35 Ill. Adm.
Code 103.180,
the parties offer this Stipulation, Statement of Facts and Terms
of Settlement in lieu of a full evidentiary hearing.
A. Respondent agrees to remove and properly dispose of
the used tires remaining at the site within 90 days of the
Board’s approval of this settlement agreement. Proper disposal
shall include:
1. Disposal at a licensed solid waste disposal or
recycling facility;
2. Sale to a third party; and
3. Use by respondent on equipment used in the
operation of his farm.
Respondent may stockpile reuseable tires (removed from
the site) in the immediate vicinity of his barn for future use or
sale provided that no more than 100 of these tires shall remain
in the stockpile after 210 days from the date of the Board Order
approving this settlement. Tires placed in the stockpile shall
be arranged in an orderly manner.
B. In the event that respondent fails to properly
remove the used tires and tire cords from the site within the
ninety-day period set forth above, respondent shall pay a
stipulated penalty of Three Hundred Dollars ($300.00) for each
month, or portion thereof, said tires or cords remain on site.
—3—
77-127
C.
Respondent neither admits nor denies the violations
as alleged in the complaint.
D. The parties agree that no penalty, other than the
stipulated penalties set forth in paragraph B above, shall be
required in this case because of the unique circumstances
involved.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
NEIL F. HARTIGAN
ATTORNEY GENERAL
BY
~
Robert V. Shuff, J’.’~
Frst Assistant Attorney General
BY:
RICHARD
NAUMAN
BY: __________________________
—4—
77-128
~r, Enforcement