ILLINOIS POLLUTION CONTROL BOARD
    February
    5,
    1981
    i~i~niois
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 80—123
    RODNEY
    ENGSTROM,
    Respondent.
    ~RY
    JO
    MURRAY,
    ASSISTANT
    ATTORNEY
    GENERAL,
    APPEARED
    ON
    BEHAI.?
    O~
    THE
    COMPLAINANT.
    Kr1Et~1,
    STODDARD
    &
    BUCK,
    ATTORNEYS
    AT
    LAW
    (MR.
    JAMES
    R.
    BUCK,
    QF~’
    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 June
    25,
    1980
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    On October 31,
    1980, the Agency filed a Motion for
    Leavo to File Amended Complaint Instanter and the Amended Complaint.
    Count
    I of the Amended Complaint alleged that,
    from January 16, l~7~
    until December 31, 1979, the Respondent operated a sanitary landfiU
    in violation of a condition in its Operating Permit No.
    1974-16—OP
    by submitting only one quarterly water monitoring report in
    violation of Rules
    301,
    302, and 317 of Chapter 7:
    Solid Waste
    Regulations (“Chapter 7”)
    and
    Sections 21(b)
    and 21(e)
    of the
    Illinois
    Environmental Protection Act
    (“Act”).
    Count
    I also
    alleged that the failure to submit the requisite water monitoring
    reports from January
    1,
    1980 until October 31,
    1980 violated
    Rules 301,
    302,
    and 317 of Chapter
    7 and Sections 21(a) and 21(d)
    of the Act
    i.e.,
    effective January
    1,
    1980,
    Section 21(a) of the
    Act replaced Section 21(b), and Section 21(d) of the Act superseder~
    Section 21(e)).
    Count II alleged that,
    from February
    21,
    1978 until
    December
    31,
    1979,
    the Respondent failed to properly collect all litter from thr
    sanitary landfill site at the end of each working day in violation
    of Rules 301 and 306 of Chapter
    7 and Section 21(b) of the Act.
    Count II also alleged that this failure to properly collect litter
    from January
    1,
    1980 until October 31,
    1980 violated Rules 301
    and
    306 of Chapter
    7 and Section 21(a) of the Act.
    40—40 7
    —2
    No members of the public were present at a hearing which was
    held on November
    3,
    1980.
    On December 26,
    1980, the parties
    filed.
    a Stipulation and Proposal
    for Settlement.*
    On January
    2,
    1981,
    the Agency filed a Motion for Leave to File Corrections of Clerical
    Errors in
    the
    Stipulation and Proposal
    for Settlement.
    The Board
    hereby grants this motion.
    The parties have stipulated that “from at least April
    30,
    1974
    until his death on February 13,
    1977,
    Elmer Engstrom owned in
    trusc
    and exercised control over
    a parcel of real property (“site”) known
    as DeKalb County Landfill consisting of 38 acres located south of
    Cortland,
    Illinois and east of Somonauk Road”
    in DeKalb Count”,
    Illinois.
    (Stip.
    1—2).
    However, “since February 13,
    1974,
    the
    site has been owned in trust by Lois Engstrom and Rodney Engstro~”.
    (Stip.
    3).
    The parties have agreed that “Lois Engstrom exercises
    no control over the site”.
    (Stip.
    3).
    It is also stipulated that,
    from January,
    1975 until
    April,
    1980,
    Rodney Engstrom failed to submit the necessary water monitor-
    ing data on a quarterly basis
    to the Agency in violation of a
    condition in Operating Permit No. 1974—16—OP,
    Rules 301,
    302, and
    317 of Chapter
    7, and Sections 21(a) and 21(d)
    formerly
    Sections
    21(b)
    and 21(e))
    of the Act.
    (Stip.
    2).
    Additionally, the
    Respondent has stipulated that, on specified dates between
    February 21,
    1978 and June
    5,
    1980,
    litter was improperly allowed
    to remain at the sanitary landfill.
    (Stip.
    3).
    At the hearing,
    the Respondent’s attorney indicated that Mr. Engstrom is currently
    in compliance with the litter clean—up provisions of the Board’s
    Solid Waste Regulations and the Act
    (i.e., no papers are blowing
    around the site, etc.).
    (B.
    7;
    17).
    The
    proposed
    settlement
    agreement
    provides
    that
    Podney
    Engstr~~
    shall:
    (1)
    submit water monitoring data to the Agency on a
    quarterly basis
    (i.e., the water reports for each quarter shall
    be
    submitted no later than January 15,
    April
    15, July 15, and
    October 15);
    (2) comply with the litter and daily,
    intermediabe,
    and final cover requirements of Chapter
    7;
    and
    (3) pay a stipulated
    penalty of $3,000.00 in twenty equal monthly installments oE
    $150.00 each.
    In evaluating this enforcement action and the proposed settle-
    ment agreement,
    the Board has taken into consideration all the Eact~
    and circumstances in light of the specific criteria delineated
    in
    Section 33(c) of the Act.
    The Board finds the stipulated agreement
    acceptable under Procedural
    Rule 331 and Section 33(c)
    of the Act.
    *Although the settlement agreement was not signed at the tine
    of the hearing,
    the substance of the Stipulation filed on
    December 26, 1980 was presented.
    The Board finds that Procedural
    Rule 331 has been substantially complied with.
    40—408
    —3—
    The Board finds that the Respondent,
    Mr. Rodney Engstrom, has
    violated Rules 301,
    302, and 317 of Chapter
    7:
    Solid Waste
    Regulations and Sections 21(a)
    and 21(d)
    formerly
    Sections 21(b)
    and 21(e)
    of the Act.
    The stipulated penalty of $3,000.00 in
    twenty equal monthly installments of $150.00 each is hereby 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,
    Mr.
    Rodney Engstrom, has violated
    Rules
    301,
    302, and 317 of Chapter
    7:
    Solid Waste Regulations and
    Sections 21(a) and 21(d)
    formerly
    Sections 21(b)
    and 21(e)
    of
    the Illinois Environmental Protection Act.
    2.
    The Respondent shall pay a stipulated penalty of $3,000.00
    This penalty shall be paid
    in 20 equal monthly installments of
    $150.00 each.
    The first payment shall become due and payable within
    35 days of the date of this Order.
    Each subsequent monthly payment
    shall be due on the same date of the month as the first payment.
    Should a monthly payment not be paid when due, the remaining amount
    owed shall become immediately due and payable.
    The Respondent shall,
    by certified check or money order payable to the State of Illinois,
    send all the requisite payments to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    3.
    The Respondent shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    December 26, 1980
    which
    is incorporated by reference as if fully
    set forth herein.
    4.
    The Agency’s Motion for Leave to File Corrections of
    Clerical Errors in the Stipulation and Proposal for Settlement is
    hereby granted.
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, her~bycertify ~that the above Opinion and Order were adopted
    on the
    ..~‘‘‘
    day of
    ~
    1981 by a vote of
    ~‘.
    Christan L. Moff~t; Clerk
    Illinois Pollutio~icontrol Board
    40—409

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