ILLINOIS POLLUTION CONTROL BOARD
    October 22,
    1981
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 81—28
    CITY OF CENTRALIA,
    a municipal
    )
    corporation and ORVILLE B,
    FAUGHT,
    )
    Respondents.
    MR. VINCENT W. MORETH, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT.
    MR. MARK STEDLIN, CITY ATTORNEY, APPEARED ON BEHALF OF THE CITY OF
    CENTRALIA.
    MR. ORVILLE
    B.
    FAUGHT APPEARED PRO SE.
    OPINION AND ORDE:R OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the February 20,
    1981
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count
    I of the Complaint alleged that,
    from March, 1973 until
    February 20,
    1981, the City of Centralia (“City”) failed to maintain
    adequate final cover on the refuse disposal site
    (the “site”) which
    they operated in Marion County,
    Illinois in violation of Rule 5.07(h)
    of the Illinois Department of Public Health “Rules and Regulations
    for Refuse Disposal Sites and Facilities”
    (the “Public Health
    Regulations”
    )
    *•
    Count II alleged that, from March,
    1973 until February 20,
    .L981,
    the Respondents,
    the City of Centralia and Orville Faught, have
    allowed leachate to be generated at the site and intermitbently enter
    the waters of Webster Creek causing water pollution in violation of
    Section 12(a)
    of the Act.
    *These Public Heal~~~th
    Regulations were in force until July
    27, 1973
    (i
    e
    ,
    the effective date of Chapter
    7
    Solid Waste Regulations) and
    are applicable through the savings clause of Section 49(c)
    of the
    Illinois Environmental Protection Act (“Act”).
    43—539
    —2—
    A hearing was held on July 15,
    1981.
    The parties filed a
    Statement of Stipulated Settlement on July 29, 1981.
    The City of Centralia operated a refuse disposal site located
    about 1½ miles east of Highway 51 in Marion County,
    Illinois.
    In
    March,
    1973,
    the City ceased disposal of commercial and residential
    refuse at this property.
    (Stip.
    2).
    Currently,
    the site is owned
    by Mr. Orville
    B. Faught.
    The Respondents have admitted that the violations alleged in
    the Complaint did,
    in fact, occur.
    (Stip.
    2—3).
    To prevent any
    further discharges of leachate, the Respondents have agreed to take
    various specified steps to forestall any future problems.
    (Stip. 3).
    The proposed settlement agreement provides that:
    (1) Mr. Faught
    agrees to allow the City to enter upon his land (i.e.,
    the site
    in
    question) and take whatever steps that may be necessary to prevent
    the occurrence of leachate;
    (2) the Agency agrees that it will
    certify to the City that the site is “closed and adequately covered”
    within 12 months after the receipt of evidence by the Agency that
    leaching has been stopped;
    (3) the City agrees that, in the event
    that leaching is discovered within the previously mentioned 12 month
    period at the site, the City will promptly hire a registered
    professional soil engineering
    firm to ascertain the. causes and
    solutions to the leachate problem and will expeditiously take whatever
    remedial measures that are necessary to correct the problem in
    consultation with the Agency, and
    (5) the Agency believes that
    “a penalty is not appropriate
    in this case.”
    (Stip.
    3—5).
    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.
    The Board finds the settlement agreement
    acceptable under Procedural Rule 331 and Section 33(c) of the Act.
    Accordingly, the Board
    finds that the City of Centralia has
    violated Rule 5.07(b) of the Public Health Regulations on Refuse
    Disposal Sites and Facilities and Section 12(a) of the Illinois
    Environmental Protection Act.
    The Board also finds that Mr. Orville
    B.
    Faught has violated Section 12(a) of the Act.
    The Respondents
    will be ordered to follow the compliance plan set forth in the
    Statement of Stipulated Settlement.
    No penalty will be assessed
    against either of the Respondents.
    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, the City of Centralia, has violated
    Rule 5.07(b) of the Public Health Regulations on Refuse Disposal
    Sites and Facilities and Section 12(a)
    of the Illinois Environmental
    Protection Act.
    43-540
    —3—
    2.
    The Respondent, Orville
    B. Faught, has violated Section 12(a)
    of the Illinois Environmental Protection Act.
    3.
    The parties shall comply with all the terms and conditions
    of the Statement of Stipulated Settlement filed on July 29, 1981,
    which is incorporated by reference as if fully set forth herein.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Opinion and Order were ~dopted
    on the
    ~t’~l’~”day of
    (~
    ,
    1981 by a vote of
    ‘~S’~O
    Christan
    L. Moffe&~ Clerk
    Illinois Pollution Control Board
    43—541

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