ILLINOIS POLLUTION CONTROL BOARD
    June 25,
    1981
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    PCB 80—162
    )
    SERVICE DISPOSAL, INC.,
    )
    a Delaware corporation,
    )
    )
    Respondent.
    MR. VINCENT MORETH, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT.
    DILSAVER, GILKERSON & RYAN, ATTORNEYS AT LAW
    (MR. DAVID C. NELSON,
    OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the September
    8,
    1980
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count
    I of the Complaint alleged that, from March 31,
    1976
    until
    September
    8,
    1980, Service Disposal,
    Inc.
    (the “Company”) operated
    its solid waste management site
    (“site”), which is located on
    approximately 40 acres of land in Coles County,
    Illinois, in such a
    manner as to place inadequate daily cover on all exposed refuse in
    violation of Rules 301 and 305(a)
    of Chapter 7:
    Solid Waste
    Regulations
    (“Chapter 7”)
    and Sections 21(a)* and 21(b) of the
    tilinois Environmental Protection Act (“Act”).
    Count II alleged that,
    from July 21, 1977 until September 8,
    1980, the Respondent failed to place adequate intermediate cover
    on refuse in violation of Rules 301 and 305(b) of Chapter
    7 and
    Sections 21(a) and 21(b)
    of the Act.
    Count III alleged that,
    from May 6,
    1976 until September 8,
    1980,
    the Company failed to place adequate final cover over certain
    sections of the site in violation of Rules 301 and 305(c) of
    Chapter
    7 and Sections 21(a) and 21(b) of the Act.
    *In all counts of the Complaint, violations of Section 21(a) of the
    Act as amended by Ill. Rev.
    Stat.,
    1979,
    ch.
    111½,
    par.
    1021(a) effecttve
    Januar~’1,
    1980 are alleged to September
    8,
    1980.
    The stipulated
    violations also include these Section 21(a),
    as amended, violations.
    42—115
    —2—
    Count IV alleged that, from February 23,
    1978 until January
    8,
    1980,
    the Respondent failed to properly unload refuse
    (i.e., to
    deposit
    a11. 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
    Sections 21(a) and 21(b)
    of the Act.
    Count V alleged that,
    from February 23,
    1978 until September
    8,
    1980,
    the Company failed to properly spread and compact refuse in
    violation of Rules 301 and 303(b)
    of Chapter 7 and Sections 21(a)
    and 21(b) of the Act.
    Count VI alleged that,
    from March 31,
    1976 until September
    8,
    1980,
    the Respondent failed to collect all litter by the end of each
    working day in violation of Rules 301 and 306 of Chapter 7 and
    Sections 21(a)
    and 21(b) of the Act.
    Count VII alleged that, from October 19,
    1977 until September 8,
    1980,
    the Company accepted large quantities of water treatment sludge
    at the site without an Agency permit in violation of Rules 301 and
    310(b) of Chapter
    7 and Sections 21(a)
    and 21(b) of the Act.
    Count VIII alleged that, from May 24,
    1978 until September 8,
    1980,
    the Respondent intermittently allowed refuse to be deposited
    in such a manner as to allow the discharge of contaminants and
    leachate into the waters of Riley Creek,
    an Illinois water, thereby
    causing water pollution in violation of Rules 301 and 313 of
    Chapter
    7 and Sections 12(a),
    12(d),
    21(a),
    and 21(b) of the Act.
    Count IX alleged that,
    from May 24,
    1978 until September
    8,
    1980, the Company failed to take adequate measures to monitor and
    control leachate
    (i.e., by allowing ponding and runoff of leachate
    to occur near areas of the site adjacent to Riley Creek)
    thereby
    causing water pollution in violation of Rules 301 and 314(e)
    of
    Chapter
    7 and Sections 21(a) and 21(b) of the Act.
    Count X alleged that,
    from January
    30,
    1979 until September
    8,
    1980,
    the Respondent failed to take proper measures to control vectors
    (i.e., by allowing a large number of birds to feed on exposed refuse
    at the site) in violation of Rules 301 and 314(f) of Chapter 7 and
    Sections 21(a)
    and 21(b)
    of the Act.
    A hearing was held on May
    14,
    1981 at which two private citizens
    commented on the conditions of the public roadway near the landfill.
    The parties filed a Statement of Stipulated Settlement on
    May
    26, 1981.
    The proposed settlement agreement provides that the Company:
    (1) admits each and every allegation contained in the Complaint;
    (2) agrees to promptly and properly place final cover on the site
    by July
    1,
    1981 according to a specified completion schedule, and
    (3) agrees to pay a stipulated penalty of $5,000.00
    .
    (Stip.
    7—10;
    See: Exhibits A & B).
    42—116
    —3
    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, Service Disposal,
    Inc.,
    has violated Rules 301,
    303(a),
    303(b), 305(a),
    305(b),
    305(c),
    306,
    310(b),
    313,
    314(e), and 314(f) of Chapter
    7:
    Solid Waste
    Regulations and Sections 12(a),
    12(d), 21(a),
    and 21(b) of the
    Illinois Environmental Protection Act.
    The stipulated penalty of
    $5,000.00 will be assessed against the Respondent.
    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,
    Service Disposal,
    Inc., has violated
    Rules 301,
    303(a),
    303(b), 305(a),
    305(b),
    305(c),
    306,
    310(b),
    313,
    314(e), and 314(f) of Chapter
    7:
    Solid Waste Regulations and
    Sections 12(a),
    12(d),
    21(a),
    and 21(b)
    of the Illinois Environmental
    Protection Act.
    2.
    Within 30 days 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.
    The Respondents
    shall comply with all the terms and
    conditions of the Statement of Stipulated Settlement filed on
    May 26,
    1981, which is incorporated by reference as if fully set
    forth herein.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, here~ycertify t~atthe above Opinion and Order were adopted
    on
    the
    ________day
    of
    ~
    ,
    1981 by a vote of
    ~I
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    (
    Christan L. Moffett,~~erk
    Illinois Pollution(Cóntrol Board
    42—117

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