ILLINOIS POLLUTION CONTROL BOARD
    November 16,
    1978
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 77—318
    DUDLEY
    D.
    HARVEL,
    Respondent.
    MR.
    STEPHEN GROSSMARK, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    MR.
    FRANK SCHWEITZER, 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 December
    5,
    1977
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”)
    which alleged that the Respondent
    (who operates a
    refuse disposal and collection service) disposed of refuse at a
    landfill which did not meet the requirements
    of the Illinois
    Environmental Protection Act
    (“Act”)
    and regulations thereunder
    (i.e.,
    the Respondent allegedly deposited refuse at the
    Taylorville Landfill which was operated without the requisite
    Agency permit)
    from June
    13, 1977
    until December
    5,
    1977 in
    violation of Section 21(f)
    of the Act.
    On December
    21,
    1977,
    the
    Respondent filed
    a Motion to Dismiss the Agency’s Complaint.
    On
    January
    5,
    1978,
    the Board denied the Respondent’s Motion to
    Dismiss.
    A hearing was held on May
    9,
    1978.
    The parties filed a
    Stipulation and Proposal for Settlement on June
    5,
    1978.
    The Respondent, Mr. Dudley D.
    Harvel,
    operates a refuse
    collection service in the vicinity of Taylorville,
    Illinois.
    Mr.
    Harvel uses
    a one ton truck with a 17 cubic yard refuse body
    in
    his
    refuse collection
    service.
    It is stipulated that Mr. Harvel
    is
    responsible for the activities conducted pursuant to his refuse
    collection operation.
    (Stipulation,
    p.
    2).
    The Taylorville Landfill is located near Taylorville,
    Illinois
    in Christian County.
    During inspections of the Taylorville
    32—R
    1
    —2—
    Landfill by the Agency, Agency inspectors have observed Mr. Harvel
    bring refuse to the Taylorville Landfill on June
    13,
    1977,
    June 14,
    1977,
    June
    16,
    1977,
    August 26,
    1977 and September 28,
    1977.
    Exhibits A and B,
    which are attached
    to and expressly
    incorporated by reference to the Statement of Stipulated Settle-
    ment, are photographs taken by by the Agency inspector John
    Diefenback on June
    13,
    1977 and June 14,
    1977.
    (The white
    17
    cubic yard packer truck with red cab in each picture is the truck
    Mr. Harvel uses in his refuse collection operation.
    The truck,
    in each picture, was at the Taylorville Landfill the time the
    picture was taken).
    (Stipulation,
    p.
    3)
    -
    Mr. Harvel admits that,
    during a period beginning on June
    13,
    1977,
    and continuing
    to
    December
    2,
    1977,
    he brought refuse to the Taylorville Landfill
    six times each week for the ultimate purpose of disposing of the
    refuse.
    (Stipulation,
    p.
    3).
    rfhe
    Agency and Mr. Harvel agree
    that the Agency has never issued an operating permit to the
    operators of the Taylorville Landfill and that,
    from June
    1,
    1977
    until June
    5,
    1978,
    the Taylorville Landfill
    has
    not been
    in
    general
    compliance
    with
    the
    operational
    requirements
    of
    the
    Act
    and
    Board’s
    Solid
    Waste
    Regulations.
    (Stipulation,
    p.
    3-4).
    A
    letter
    was
    sent
    to
    Mr.
    Harvel
    from
    the
    Agency on August
    9,
    1977.
    The
    letter,
    among
    other
    things,
    informed
    Mr.
    Harvel
    that
    the Taylorville Landfill had never been issued an operating permit
    by the Agency.
    (See: Exhibit
    C which
    is attached to the
    Stipulation).
    An Enforcement Notice was sent by the Agency and
    received
    by
    Mr. Harvel
    on
    September 13,
    1977.
    The Enforcement
    Notice informed Mr. Harvel that he continued
    to violate the Act
    and Board Rules by bringing refuse to the Taylorville Landfill.
    (See:
    Exhibit D of the Stipulation).
    It
    is agreed that the
    Respondent stopped bringing refuse to the Taylorville Landfill
    shortly after the Complaint was filed on December
    2,
    1977.
    (Stipulation,
    p.
    4).
    Mr. Harvel admits that his bringing refuse
    to the Taylorville Landfill for the ultimate purpose of disposing
    of the refuse
    is a violation of the Act.
    (Stipulation,
    p.
    5).
    The Stipulation notes that there are two Agency-permitted
    solid waste disposal sites within 30 miles
    of Taylorville,
    Illinois.
    One
    is located in Springfield,
    Illinois,
    and the other
    is located in Decatur,
    Illinois.
    The Complainant and the
    Respondent agree that
    it is both technically practicable and
    economically reasonable for Mr. Harvel to bring the refuse
    collected in his refuse collection service
    to sites other than
    the Taylorville Landfill.
    (Stipulation,
    p.
    6).
    The proposed compliance and settlement program provides that
    the Respondent shall:
    (1)
    cease and desist from bringing refuse
    he collects in his refuse collection service to sites that do
    32—82
    —3—
    not meet the requirements of the Act and the Board’s Solid Waste
    Regulations;
    and
    (2) pay a stipulated penalty of $500.00
    (Stipulation,
    p.
    7).
    In evaluating this
    enforcement
    action and proposed settlement,
    the Board has taken into consideration all the facts and circum-
    stances in light of the specific criteria delineated in Section
    33(c)
    of the Illinois Environmental Protection Act.
    Incinerator,
    Inc.
    v.
    Illinois
    Pollution Control Board,
    59
    Ill.
    2d
    290,
    319
    N.E.
    ~a~794
    (i~i4)
    .
    Accordingly,
    the Board finds that the Respondent, Mr. Dudley
    D.
    Harvel,
    has violated Section 21(f)
    of the Illinois Environmental
    Protection
    Act
    from June
    13, 1977 until December
    5,
    1977.
    The
    Board
    hereby imposes the stipulated penalty of $500.00 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. Dudley D. Harvel, has violated Section
    21(f)
    of the Illinois Environmental Protection Act from June
    13,
    1977 until December
    5,
    1977.
    2.
    Within 45 days of the date of this Order,
    the Respondent,
    Mr.
    Dudley D.
    Harvel,
    shall pay the stipulated penalty of $500.00
    payment to be made by certified check or money order to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    3.
    The Respondent,
    Mr. Dudley
    D.
    Harvel,
    shall
    comply
    with
    all
    the
    terms
    and conditions of the Stipulation and Proposal
    for
    Settlement filed June
    5,
    1978,
    which is incorporated by reference
    as
    if fully set forth herein.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above Opinion and Order were
    adopted on the J~~Iday
    of
    ~
    1978 by
    a
    (~L
    ~
    ~stanL.MoffGlerk
    Illinois Pollutio~~ontrolBoard
    32—83

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