ILLINOIS POLLUTION CONTROL BOARD
September 20, 1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Complainant,
v.
)
PCB 79—25
N.
W. SANITATION~ INC.,
an Illinois corporation,
Respondent.
MR. JOHN VAN
VRANKEN
AND
MR. REED W. NEUMAN, ASSISTANT ATTORNEY
GENERALS,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
MR.
WILLIAN
E.
LOWRY,
ATTORNEY
AT
LAW,
APPEARED
ON
BEHALF
OF
THE
RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the February 2, 1979
Complaint brought by the Illinois Environmental Protection Agency
(~‘Agency”).
Count
I of the Complaint alleged that,
from November 1,
1977 until the date of filing of the Complaint, the Respondent
accepted liquid wastes
(including, but not limited to, resin
solution, hydroxypropyl methacrylate, methyl methacrylate monomer,
and formaldehyde solution)
at its refuse disposal site which were
not authorized by its Operating Permit in violation of Rules
301 and
310(b)
of Chapter
7:
Solid Waste Regulations
(“Chapter 7”).
Count II of the Complaint alleged that, from November 1,
1977 until
the date of filing of the Complaint, the Respondent failed to place
adequate daily cover on all exposed refuse in violation of Rules 301
and 305(a) of Chapter
7 and Section 21(b)
of the Illinois
Environmental Protection Act (“Act”).
Count III of the Complaint
alleged that,
from April
1,
1978 until the date of filing of
the
Complaint, the Respondent caused or threatened or allowed the
discharge of the aforementioned liquid wastes so as to cause, or
tend to cause, water pollution, thereby creating a water pollution
hazard in violation of Sections 12(d)
and 21(b) of the Act.
On
April
6, 1979, the Agency filed a Motion for Leave to File an
Attachment to the Complaint Instanter
(which was designed to attach
a copy of the Operating Permit as Exhibit A of the Complaint).
On
April 12, 1979,
the Board granted the Complainant~sMotion for
Leave to File an Attachment to the Complaint Instanter.
After
35—403
—2—
various other preliminary motions were filed, hearings were held on
May 9, 1979 and July 31,
1979.
The parties filed a Stipulation and
Proposal
for Settlement on August
6,
1979.
The Respondent, N,
N. Sanitation,
Inc.,
is an Illinois
corporation which operates
a refuse disposal site
(“site”)
located
in
Pike County, Illinois pursuant to an Agency Operating Permit
which was issued on August 25,
1976.
The site is approximately
32 acres in size and is located on rolling terrain about 400 yards
from the south fork of McGee Creek.
A small tributary of McGee
Creek
runs
along the northern boundary of the Respondent’s property.
Although
this site is the only general refuse disposal site in Pike
County which has an
Operating Permit from the Agency, the Respondent
has
never been
issued any
supplemental permits to accept any
hazardous or liquid wastes at
the
site.
(Stip,
2).
It is
stipulated that, on ten specified dates between
November 9,
1977 and January
26,
1979, Agency inspections indicated
that the Respondent was accepting liquid wastes at the site.
(Stip.
2).
Although
the Respondent applied to the Agency on
October
9,
1978 for supplemental permits to accept certain liquid
wastes, the Agency
denied these permit applications on November 20,
1978.
Nevertheless,
the Respondent continued to accept liquid
wastes at the site until February
5,
1979.
Additionally,
on thirteen
specified
dates between November
9,
1977 and April
17,
1979,
Agency
inspections
revealed
that inadequate
daily cover had been
placed
on
exposed
refuse.
(Stip.
3).
Moreover, on April 17,
1978,
April
19,
1978,
May
10,
1978,
March
22,
1979 and April 17, 1979,
Agency
inspections
revealed
that
leachate
was leaving the site
and entering surface water.
(Stip.
3).
It is
also stipulated that
the Agency has received no complaint from
members of the
general public pertaining to the alleged violations,
nor does the Agency
have evidence of any direct harm suffered by
members of the public
due to such violations.
(Stip.
4).
The proposed settlement agreement provides that the Respondent
shall:
(1)
immediately cease and desist from accepting unpermitted
wastes,
(2)
promptly repair the earthen berm at the northeast corner
of
the
fill area so as
to prevent leakage of leachate through it,
under, or
over
its top
(all future berm construction shall also be
such that it
prevents the leakage of leachate),
(3)
submit an
application
to the
Agency for a supplemental plan change permit,
(4)
place permanent markers at the site to delineate the
4 major
fill
areas,
(5)
promptly come into compliance with the Board’s
Solid Waste Regulations, and
(6) pay a stipulated penalty of $1,000
In evaluating this enforcement action and proposed settlement,
the
Board has
taken into consideration all the facts and circumstances
in light of the specific criteria set forth in Section 33(c)
of the
35—404
—3—
Illinois Environmental Protection Act.
The Board finds the proposed
agreement to be acceptable under Procedural Rule 331 and Section 33(c)
of the Act.
The Board finds that the Respondent, W.
W.
Sanitation,
Inc.,
has violated Rules
301,
305(a), and 310(b)
of Chapter
7:
Solid Waste
Regulations and Sections
12(d)
and 21(b) of the Act and orders the
Respondent to immediately cease and desist from accepting unpermitted
wastes.
The Respondent is also ordered to promptly bring its daily
refuse disposal operations into compliance with the Board’s Solid
Waste Regulations.
Additionally, the Respondent is directed to
repair the earthen berm at the northeast corner of the filled area
so as to prevent leakage of leachate and place permanent markers to
delineate the
4 major filled areas as agreed upon in the proposed
settlement.
The stipulated penalty of $1,000 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 has violated Rules 301,
305(a),
and 310(b)
of Chapter
7:
Solid Waste Regulations and Sections 12(d)
and 21(b)
of the Act.
2.
The Respondent shall immediately cease and desist from
accepting unpermitted wastes.
3.
The Respondent shall repair the earthen berm at the
northeast corner of the filled area so as to prevent leakage of
leachate through it, under,
or
over
its
top.
These repairs shall be
made by December 1,
1979.
All future berm construction shall be such
that it prevents the leakage of leachate through, under, or over the
top of the berm.
4.
The Respondent shall
submit
to
the
Permit’s
Section
of
the
Division of Land/Noise Pollution Control of the Illinois Environmental
Protection Agency an application for a supplemental plan change permit
within
a time period which will allow for the application to be acted
upon by the Agency within 60 days of the date of this Board Order.
The application shall include, but not be limited to,
the following:
(a)
a showing of areas already filled;
(b) an outline of an orderly development and progression of
future filled areas;
(c)
a designation of wet weather operational areas;
(d)
a showing of the location of all monitoring wells.
35—4
05
—4—
5.
Within 10 days of the date of
this
Order,
the
Respondent
shall
place on the site some type of permanent markers to delineate
the 4
major filled areas.
6.
Within
10
days of the date of this Order) the Respondent
shall bring the
daily operations of the site into compliance with
the
Board’s Solid Waste Regulations.
7.
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 $1,000 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services
Division
2200
Churchill
Road
Springfield, Illinois
62706
8.
The
Respondent
shall
comply with all the terms and conditions
of the
Stipulation and Proposal for Settlement filed August
6,
1979,
which is
incorporated by reference as if fully
set
forth
herein.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution
Control
Board, her~bycertify that th
above Opinion and Order were
adopted
~~he~~day
of
____________________,
1979 by a
Illinois Pollution
~ol
Board
35—406