ILLINOIS
POLLUTION
CONTROL BOARD
May
18,
1984
tLLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Complainant,
v.
)
PCB 81—11
)
LAKE COUNTY GRADING Company,
)
a Delaware corporation, and LAKE
)
COUNTY
GRADING
COtIPANY
OF
)
LIBERTYVILLE, INC., an Illinois
corporation,
)
Respondents.
DISSENTING OPINION
(by 3.
D.
Dumelle):
The test of
the
acceptability of a stipulation is whether
the Board would
itself
impose the same penalty and conditions
as
if it had heard
the
case absent a stipulation.
My own opinion is that this stipulation badly fails that
test.
Drums of unknown chemical content have been buried on
the site.
This
is
a site which received a permit in 1972 as
a non-p~itresciblelandfill.
As such,
its design may well be
inadequate to safely contain the contents of those drums.
Drums were buried
on at
least
12
listed dates.
The
site has been poorly
operated and leachate has flowed
from it into the environment.
Eight
dates are listed for these
offenses,
Odors were recorded, probably of hydrogen sulfide,
on 17 dates, evidently
due to the illegal acceptance of gypsum
wallboard.
Lastly, besides litter violations on
13 dates,
the daily
cover rule was violated
45
times
and other cover violations
were recorded.
To me
this
case is quite similar to Illinois Environmental
Protection Agency
v.
Wasteland, PCB 81—98, August 26,
1982,
48 PCB
01,
in which flagrant
violations of a non—putrescible
landfill occurred.
The Board
in Wasteland levied a $70,000
penalty since upheld
by
the Appellate
Court.
58-83
Because the penalty
in the instant case
is
far
too low,
I
dissent.
/‘
/
/~
)
i’~
~
-
~Ja~obD,
Dumelle
/Chairman
I,
Christan
L,
Moffett,
Clerk~ of
the
Illinois
Pollution
Control Board, hereby certify that the above Dissenting Opinion
was filed on the
~
day of
______________
,
1984.
*_____
________
Christan
L.
Moff~~
Clerk
Illinois Pollution Control Board
58-84