ILLINOIS

POLLUTION

CONTROL BOARD

March

24, 1983

ILLINOIS

ENV1RO~MEIYIAL PPOTECTION

)

AGENCY,

Complainant,

PCB 81—102

CLAUDE BURCH

AND CLIFFORD BURCH,

)

Respondents.

GWENDOLYN W~

KLINGLER,

ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF

THE COMPLAINANT.

T. JEANNINE

GARRETT, ATTORNEY

AT LAW, APPEARED ON BEHALF OF

RES PONDENT

CLIFFORD

B

tJRCH

OPINION AND ORDER

OF THE

BOARD (by W.J~Nega):

This

matter

comes

before

the Board on the June 17, 1981

Complaint

brought by the Illinois

Environmental Protection Agency

(“Agency~’).

On August

7,

1981,

the Agency filed a Motion

to Amend the

Complaint: in

order to add Clifford Burch as a party

to the

enforcement action. On August 31, 1981, the Hearing Officer

entered an order granting

the Agency’s motion and an Amended

Complaint

was filed on Seutember 3,

1981.

Count I

of the Amended

Complaint alleged that the Respondents,

from October

18~ 1977 until

September 3, 1981, improperly conducted

refuse

disposal operations

on land located about 4 miles southwest

of Arcola,

Illinois near the

~askaskia River in Douglas County,

Illinois

(the ‘~site”) without

the requisite Operating Permit

from the Agency

in violation of

Rule 202(a) of Chapter 7: Solid

Waste

Regulations (~tChapter

7’~)

and Section 21(d) Fformerly

Section 21(e))

of the Illinois

Environmental Protection Act

(“Act”).

Count

II alleged that, from October 18, 1977 until June 1,

1979, the

Respondents improperly

unloaded refuse at the site

without

placing the refuse into

the toe of the fill or into the

bottom of

the trench in violation

of Rules 301 and 303(a) of

Chapter 7

and Section

21(b)

of the

Act,

Count

III alleged that, from

October 18, 1977 until June 1.

1979, the

Respondents improperly

compacted and spread refuse

at the site in

violation of

Rules 301 and 303(b) of Chapter 7

and Section

21(b) of the Act,

51-347

---

Count

1979, the Res o a

cover on th~a

7 and

SeCLI

Count

1979, the Re ~

cover on t. a

7 and Sectioi

~i(

Count VI ~

1981, the Resp nd~rf

over

portion~ to

of Chapter

7 a~iSe~t~

trom October 18, 1977 until June 1,

ci to place the appropriate daily

i i~rof Rules 301 and 305(a) of Chapter

ram February 24, 1978 until June

1,

to p ace the proper intermediate

at~on I Rules 301 and 305(b) of Chapter

t he Act.

~,

from February 24, 1978 until

September 3,

iJed to place the requisite final cover

in violation of Rules 301 and 305(c)

1~b)of the Act.

Count Vil all ed ~iit, on October 18, 1977, the Respondents

allowed open bar. I g

he site in violation of Rules 301

and

311 of Ctap or

cr~i

~ection 21(b) now Section 21(a) of

the

Act.

A hearing was l’elC

r

January 24, 1983, The parties filed

a Stipulation sr

I for Settlement on February 4, 1983.

From October

J ntil October 31, 1980, Respondent

Claude

Burch and us ~rr~Cicr Clifford Burch each held a one—half

ownership

interest

it~

ía

ts~in—common to the property in question.

Claude

Burch subsequ~rt1ysold Mis interest in the site to his

brother

and Rasp

i~

C

Ff~

Burch and Audrey Butch held the

property

as jo1r~

f or November 1, 1980 until June 5,

1982

when the s~

1 a a person not a party to this

action. (Sti,~

Numerous I

~ions on various occasions between

October 18, 137

1. 20, 1982 have indicated that the Respondents

did not opera~c

in ~ompliance with applicable regulations.

(See: Complaina t

ts A through P), Some refuse is still

present and viar

1 a

tie property. (Stip. 5). The latest

Agency inspectir

i

a

b~r21 1982 revealed that, in order

to

properly ~.los

í~

exposed refuse on the northeast

slope

should be

~J and covered; about 200 tires located

on—site

shou~db~ ~oo el of; and about one acre of unvegetated

area

should be c~ee1~i ~.ieAgency estimates that the cost of

such

correcti’.’~

~i. a

~Jl be around $805.00. (Comp. Exh, Q).

The prop

F ( SC

admit the viola a

to:

(1) ceasa a

I

l~

file

a plat map

close

the site a (1

for

each Respor.d~

period

of one year

a it agreement provides that the Respondents

e~ii the Amended Complaint and agree

~rom further violations; (2) promptly

a as County; (3) properly and expeditiously

a a stipulated penalty of $500.00

b e in quarterly installments over a

S ip. 8~1O),

In evaluatir F

forcenent action and proposed settlement

agreement,

the Boarr na~taken into consideration all the facts

51-348

---

3

and circumstan

in Section

33(c

acceptable

unde

Respondents,

C.~

202(a), 301,

30.

Chapter 7

arid a

and 21(d)

forw~

be ordered

to

compliance

plan 1~o

of $500.00

each

This

Opinia

conclusions

of

It is

the 0

i

~t of the

specific criteria delineated

Act and

finds the settlement agreement

ural

Rule 331.

The Board finds that the

cM and

Clifford Burch, have violated Rules

l’b),

305(a), 305(b), 305(c) and 311 of

1(a)

formerly Section 21(b), 21(b),

tion

21(e) of the Act. The Respondents will

lesist

from further violations, follow the

sing

the site, and pay a stipulated penalty

irterly payments

over a period of one year).

~itutes

the Board’s findings of fact and

~)iS

ORDER

~he

Illinois Pollution Control Board that:

1. The

Res n nts,

Claude Burch and Clifford Burch,

have violated

RuIe~

2

a),

301, 303(a), 303(b), 305(a), 305(b),

305(c), and

311 or Cluiter

7: Solid Waste Regulations and Sections

21(a) formerly

S

~i’

21(b)),

21(b), and 21(d) Iformerly

Section 21(e)

f

linois

Environmental Protection Act.

2,

TheRe

violations.

3.

Withir

shall, by

certif

Illinos, pay

the

penalties of

$500

$125.00 each

sha

which is to

be sr

4.

The Rca

conditions of

tl~

on February

4,

19

fully set

forth F

shall cease and

desist from further

v of

the date of this Order, each

Respondent

ck or

money order payable to the State of

Lstallment of $125.00 on the stipulated

cci (the remaining 3 equal payments of

Id

quarterly over a period of one year)

rvironmental

Protection Agency

ces

Division

i11

Road

its shall

comply with all the terms and

iation

and Proposal for Settlement filed

oUch is

incorporated by reference as if

Illir

Fisce

220

Sprii~

Illinois

51-349

---

4

IT

IS

SO ORDERED

I,

Christan L, Moffett,

Clerk of the Illinois Pollution

Control Board,

hereby

cc~ftifythat the above Opinion and Order

were adopted

°A’

the

~~i~iLi

_day of

,

1983

byavoteof~-C_____

Illinois Pa