ILLINOIS POLLUTION CONTROL
BOARD
September 15, 1982
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
v.
)
PCB 82—40
)
WILLIAM W.
RADER,
)
Respondent.
MR. PHILIP
L. WILLMAN, ASSISTANT ATTORNEY GENERAL, APPEARED
ON BEHALF OF THE COMPLAINANT.
MR. DAVID L, MARTENSON, MARTENSON, DONOHUE & ALEXANDER, P.C.,
APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by N.E.
Werner):
This matter comes before the Board on the April
9,
1982
Complaint brought by the Illinois Environmental Protection
Agency (“Agency”).
Count
I of the Complaint alleged that,
from January 22,
1976 until April
9,
1982, the Respondent allowed the storage
and disposal of wastes such as demolition debris and construction
materials not generated by his own activities on his property and
allowed the development of a solid waste management site without
the requisite Development Permit from the Agency in violation
of Rule 201 of Chapter
7:
Scud Waste Regulations
(“Chapter 7”)
and Section 21(d) of the Illinois Environmental Protection Act
(“Act”).
Count II alleged that,
from January 22, 1976 until
April
9,
1982, the Respondent caused or allowed the use of the
property as a solid waste management site without an Agency
Operating Permit in violation of Rule 202(a) of Chapter
7 and
Section 21(d)
of the Act.
Count III alleged that, on certain specified dates between
January 22,
1976 and April
9,
1982, the Respondent allowed
the open dumping of refuse and failed to provide:
(1) proper
daily, intermediate, and final cover;
(2)
adequate shelter,
sanitary facilities,
and emergency communication for employees;
(3)
sufficient equipment;
(4) fencing, gates,
or other similar
physical barriers to control public access to the site;
(5)
provisions
for concealing operations from public view;
(6)
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appropriate spreading and compacting of refuse;
and
(7)
adequate measures to monitor and control leachate in violation
of Rules 301,
303(b),
304, 305(a), 305(b),
314(a),
314(c),
314(e) and 314(h) of Chapter
7 and Section 21 of the Act.
A hearing was held on July 27,
1982.
The parties filed
a Statement of Facts and Proposal for Settlement on August 19,
1982.
The Respondent,
Mr~
William W, Rader, owns approximately
8 acres of land on Camp Grant island south of the City of
Rockford in Rock River, Winnebago County, Illinois
(the
“site”).
The parties have stipulated that the Respondent
did,
in fact, improperly allow the disposal of wastes such
as demolition and construction debris at the site without
the requisite permits for such operations.
(Stip.
2—3),
The proposed settlement agreement provides that the
Respondent admits the violations alleged in the Complaint
(with the exception of the violations of Rules 301,
304, and
314(a)
of Chapter 7)
and agrees to:
(1) pay a stipulated
penalty of $5,000.00;
(2) within
90 days from the date of the
Order,
either submit an application to the Agency for a permit
to develop the site as a solid waste management site or perman-
ently close the site and place the appropriate final cover
over it; and
(3)
not use or operate the site for the storage
or disposal of any waste unless an Operating Permit is obtained
from the Agency.
(Stip.
5—6).
In evaluating this enforcement action and proposed
settlement agreement, the Board has taken into consideration
all the facts and circumstances in light of the specific
criteria delineated in Section 33(c) of the Act and finds
the settlement agreement acceptable under Procedural Rule
331.
The Board finds that the Respondent,
Mr. William W.
Rader, has violated Rules 201,
202(a), 303(b),
305
(a), 305(b),
305(c),
314(c), 314(e),
and 314(h) of Chapter 7 and Section
21(d)
of the Act.
The
Respondent will be ordered to follow
the compliance plan set forth in the Stipulation and to pay
the stipulated penalty of $5,000.00,
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.
The Respondent,
Mr. William W. Rader,
has violated
Rules 201, 202(a),
303(b),
305(a),
305(b),
305(c), 314(c),
314(e), and 314(h) of Chapter
7:
Solid Waste Regulations
and Section 21(d) of the Illinois Environmental Protection Act.
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—3—
2.
Within 60 days of the date 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 $5,000.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
3.
Within
90 days of the date of this Order, the
Respondent shall either submit to the Agency an application for
a permit to develop the site as a solid waste management site,
or permanently close the site and apply the appropriate final
cover over the entire surface of the property pursuant to
the requirements of Chapter
7:
Solid Waste Regulations.
4.
The Respondent shall
not use or operate the site for
the storage or disposal of any waste unless he obtains an
Operating Permit from the Agency.
5.
The Respondent shall comply with all the terms and
conditions of the Statement of Facts and Proposal for Set-
tlement filed on August 19,
1982, which is incorporated by
reference as if fully set forth herein.
IT IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby ceFtify that the abov
Opinion and Order
were adopted on the
/~‘~‘
day of
,
1982
by a vote of_________
Christan L. Mbffett~J~erk
Illinois Pollution Control Board
48-165