ILLINOIS POLLUTION CONTROL BOARD

January

21,

1982

ILLINOIS

ENVIRONMENTAL

PROTECTION

)

AGENCY,

Complainant,

v.

)

PCB 81—63

GENE JARACZEWSKI,

)

Respondent.

MS. BARBARA

CHASNOFF,

ASSISTANT

ATTORNEY

GENERAL,

APPEARED

O!\T

BEHALF

OF

THE

COMPLAINANT.

~4R. GENE JARACZEWSKI APPEARED ON HIS OWN BEHALF.

OPINION

AND

ORDER

OF

THE

BOARD

(by

J.D,

Durnelle):

This

matter

comes

before

the

Board

on

a

complaint

filed

with the Board by the

Illinois Environmental Protection Agency

(Agency) on April

21, 1981,

alleging various violations of the

Environmental

Protection

Act

(Act)

and the Board’s Chapter

7:

Solid

Waste Rules.

Hearing was held on September 14,

1981

at which only Barbara Chasnoff, Assistant Attorney General,

appeared.

Gene Jaraczewski,

though given proper notice,

did

not appear at the hearing, nor did any members

of the public

attend.

The hearing consisted solely of a brief summary of

the

proceeding by Ms. Chasnoff and

the

submission of

a Stipulation

and Proposal for Settlement which was signed by both parties.

Thus,

the only evidence before the Board

is that Stipulation

(Joint Exhibit 1).

Mr. Jaraczewski admits

to owning and controlling the

subject property located in LaSalle County on the east side of

Rockwell Road approximately

¼

mile south of Illinois Route

6

during the relevant time periods.

He further admits that he has

allowed refuse to be placed on the subject property at least

on July 27; September

28 and November 16,

1978; March 13 and

December 19, 1979; and February 11,

April

22, August 18,

September 17 and October 16,

1980.

He

further admits that he

“does not have

a

permit

from Illinois Environmental Protection

Agency to operate a refuse disposal site” on the subject property,

“although he had been aware of others placing refuse on the site”

(Stip.

2).

Finally, he admits that ~‘inMarch of 1981, he

caused cover to be placed over the majority of the area and

fenced in the area”

(Stip.2).

No other facts material

to a

finding of violation are included.

Based upon these facts the Board finds that Mr. Jaraczewski

operated a refuse disposal site withoub a permit

in violation

45—13 1

---

—2—

of

201,

202(h)(1),

303(b) and 305(a)

of Chapter 7 and Sections

2l(a)

and

(d)

of the Act.

The

Board

notes

that

inferences

must

he

drawn

from

the

stipulation

in

order

to

find

any

violation

at

all

in

this

case

and

would

normally

reject

this

stipulation

in

that

it

failed

to:

1.

Present a full

stipulation

of

all

material

facts

pertaining

to nature,

extent,

and causes of the

alleged violations

Procedural

Rule 331(a)(1YI;

2.

Give any explanation for past failures

to comply

and an assessment of

the impact

on

the public result-

ing from non—compliance

Rule

331(a)(3).

However,

since the facts presented do not indicate any

rca).

potential

for

serious

environmental

harm,

the Board will accept

the

stipulation

in

this

case.

The Board further finds that the

proposal for settlement contains sufficient terms

to insure that

current problems will be abated and that future problems will

not

arise.

Also,

the proposed penalty of $750

is appropriate to aid

in the enforcement of the Act.

This Opinion constitutes the Board’s findings of

fact

arid conclusions

of

law

in this matter.

ORDER

1.

Gene Jaraczewski has violated Rules 201,

202(h)(1),

303(b) and 305(a)

of Chapter 7:

Solid Waste,

arid

Sections

21(a)

and

(d)

of the Act at the times alleged.

2.

Gene Jaraczewski shall comply with all the terms

and conditions of September

14, 1981 Stipulation and

Proposal for Settlement of this matter, which is

hereby incorporated by reference

as

if fully set

forth herein.

3.

Within 45 days of the date of this Order, Gene

Jaraczewski

shall,

by certified check or money

order payable to the State of Illinois, pay the

stipulated penalty of $750 which is to be sent

to,

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois

62706

IT

IS SO ORDERED.

45—132

---

—3—

I,

Christan L, Moffett, Clerk of the Illinois

Pollution

Control Board hereby certify

that

the

above Interim Opinion

was

~dopted on the

~

day of

~

1982 by a vote

of

‘~-~__.

/~

k~J

Christan L, Mof~e,~~

Clerk

Illinois Pollutidn~Control Board

45—133