ILLINOIS POLLUTION CONTROL BOARD

July

26, 1979

ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 79—13

JAMES

ATHANS

and

BRANDENBURG

DEMOLITION,

INC.,

Respondents.

MS. NANCY M.

BENNETT, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF

COMPLAINANT;

MR. WILLIAM SOMERVILLE APPEARED ON BEHALF OF RESPONDENT BRAN-

DENBURG DEMOLITION,

INC.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

On January

17,

1979 the Environmental Protection Agency

(Agency)

tiled a Complaint against two respondents,

James

Athans and Brandenburg Demolition,

Inc.

(Brandenburg)

alleging

various violations of the Environmental Protection Act (Act)

and the Solid Waste Regulations: Chapter

7 of the Board’s

Rules and Regulations.

On March

1,

1979,

the Agency filed

an Amended Complaint.

A hearing was held on March 13, 1979

and

a Stipulation and Proposal for Settlement was filed with

the Board on March

27,

1979.

A re—hearing was held on May

16, 1979

in which several citizen witnesses participated.

The Amended Complaint alleges the following violations:

that on August 22, 1978 James Athans caused or allowed

concrete debris

to be deposited at his building site without

a permit in violation of Section 21(e)

of the Act and Rule

202(a)

of Chapter

7;

•that allowing operation of said site

constituted open dumping

in violation of Section 21(b)

of

the Act; and that on August

22, 1978 Brandenburg disposed of

the

abOVe

mentioned materials at the site,

knowing that the

si. t-.~ h~1

no

oI)erat

ing

permit,

in violation of Section 21 (f)

of

Lhe

Art.

In

the

Stipulation the parties state that James Athans

owns a site east of

Ridgefield Road

in Crystal Lake,

McHenry

County,

Illinois, on which a plant for Chem-Tool

Inc.

is to

be built.

On August 22,

1979,

Brandenburg hauled broken

---

—2—

brick and concrete debris to this site and deposited it

there.

Although James Athans was informed by the Agency on

August

22,

1978 that the action of depositing the materials

required

a permit,

at

no time in August,

1978 did he obtain

one.

At the time of the filing of the Stipulation,

the

materials deposited on Athen’s

site had been covered.

The

Board

finds

that

the

terms

of

the

settlement

are

sufficient

to

ensure

that

the environment

is protected and

that

no further violations occur.

The refuse disposed of at

the

site

is adequately covered and the dumping appears

to be

completed.

(Tr.,, May 16, p.8)

Thus,

it appears that the

Respondents are now in compliance with the Act.

The stipula-

ted penalty of $500 is sufficient to aid

in enforcement of the

Act. Although the site is

in an environmentally sensitive

area

(the watershed of Crystal Lake)

there

is no evidence of

harm to the environment.

The Board finds that further litiga-

tion

in this matter is not

in the best interests of the People

of the State of Illinois and will accept the Proposed Stipula-

tion as filed with the Board on March 27, 1979.

Mrs.

Mary Erikson, Mrs.

Diane Gorr and Mrs. Jan Chinliund

testified as citizen witnesses at the May 16, 1979 hearing.

Their main concern was the Respondents would disregard the

$500 fine and that future violations would occur.

However,

the unlawful dumping

was a single event,

incident to the

initial stages

of construction.

The debris

is now adequately

covered and future violation is unlikely.

This Opinion constitutes the findings

of fact and conclu-

sions

of law of the Board in this matter.

ORDER

It

is the Order of the Pollution Control Board that:

1)

James Athans is found to have violated Sections 21(b)

and 21(e)

of the Act,

and Rule 202(a)

of Chapter

7 of

the Regulations.

2)

Brandenburg Demolition,

Inc.

is found to have violated

Section 21(f)

of the Act.

3)

James Athans and Brandenburg Demolition,

Inc.

jointly

and

severally,

shall,

within 35 days of the date of

this Order,

pay

a penalty of $500 by certified check

or

money order to:

Fiscal Services Division

Environmental Protection Agency

2200 Churchill Road

Springfield,

Illinois

62706

---

—3—

4)

James Athans and Brandenburg Demolition,

Inc.

shall

cease and desist any further violation

of the Act and

Regulations.

Mr. Dumelle dissents.

I, Christan

L. Moffett, Clerk

of the Illinois Pollution

Control Board, here~ycertify

t

aba e Opinion and Order were

ado~17~the

~jj

~‘

day of

______________,

1979 by a vote

Christan L.

Moffety,

rk

Illinois Pollution

o t ol Board