ILLINOIS POLLUTION CONTROL BOARD
November 16,
1978
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—192
SERVICE DISPOSAL,
INC.,
a Delaware corporation,
Respondent.
ANN L. CARR, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
THE COMPLAINANT.
DILSAVER,
GILKERSON
& RYAN, ATTORNEYS AT LAW,
(MR. DAVID NELSON,
OF COUNSEL),
APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the July
24,
1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
Count
I of the Complaint alleged that the Respondent
violated Rule 201 and Rule 202(a) of Chapter
7:
Solid Waste
Regulations and Section
21(e)
of the Illinois Environmental
Protection Act
(“Act”)
from February
1,
1978 until May,
1978 by
developing and operating its solid waste management site without
the appropriate development and operating permits having been
issued by the Agency.
Count II of the Complaint alleged that from
February
1,
1978 until May,
1978,
the Respondent caused or allowed
the placement of refuse
in the site
in such a manner as to cause
or threaten or allow
the discharge of contaminants into the
environment which caused water pollution and/or created a water
pollution hazard
(i.e., due to the high permeability of the site’s
soil,
the migration of leachate generated by the refuse allegedly
caused,
threatened or allowed water pollution of sub—surface
waters)
in violation of Section
12(a)
and Section 12(d)
of the Act.
A hearing was held on October 13,
1978.
The parties filed a
Stipulation and Proposal for Settlement on October 18,
1978.
Service Disposal,
Inc.
is
a Delaware corporation licensed to
do business in the State of Illinois which presently operates a
40 acre landfill site approximately one mile north of Loxa,
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—2—
Illinois in Coles County.
This sanitary landfill site
is
permitted by the Agency as #1971-57.
On September 16,
1977,
the Respondent proposed an extension
of its site by filing with the Agency an Application for Permit to
Develop and/or Operate a Solid Waste Management Site.
This new
area of operation was to be a 15 acre tract of land immediately
north of and adjacent
to the present
site.
General, commercial,
industrial and domestic waste were to be accepted at this new
site.
(Stipulation,
p.
2).
In its permit application, Service Disposal,
Inc.
indicated
that the typical surficial
soil permeabilities for the site
ranged from 9.1 x l0~ to 8.4 x iU6 cm/sec for the fill areas of
the property.
(Stipulation,
p.
3).
On December 13,
1977,
the
Agency denied the Respondent’s permit application.
In denying the
Company’s permit application,
the Agency found that soils with the
permeabilities indicated by the Respondent would have a high
potential for groundwater pollution.
The Agency further stated
that in order for Respondent’s proposed site,
or any other site,
to be permitted by the Agency,
it must be demonstrated that the
lateral and vertical migration of leachate were inhibited by at
least ten
(10)
feet of
1 x i07 cm/sec or less,
of permeable soil.
(Stipulation,
p.
3).
On December 21,
27, and 28, 1977 and January 20,
1978,
Service Disposal,
Inc.
submitted rebuttal data to the Agency
pertaining the proposed site’s permeability.
On February
24,
1978,
the Agency responded to Respondent’s rebuttal data,
reiterating
its previously stated position.
On February 23 and 24,
1978,
Agency inspections of the proposed site revealed that the
Respondent had initiated disposal operations on the proposed site.
A trench measuring approximately 110 yards x 22 yards had been
filled to a depth of about 15 feet with refuse by the Respondent.
(Stipulation,
p.
3—4).
It is
stipulated that Service Disposal,
Inc. has caused or
allowed the use or operation of the site by disposing of refuse
generated by activities other than those of the Respondent from on
or about December,
1977 up to and including January,
1978.
(Stipulation,
p.
4).
At no time has the Respondent possessed a
Development nor Operating Permit granted by the Agency for the
development or operation of the site, nor has the Agency issued to
the Respondent any such permits.
(Stipulation,
p.
4).
Moreover,
it is stipulated that Service Disposal,
Inc. has
caused or allowed the placement of refuse in the site in such a
place and manner as to cause or threaten or allow the discharge of
32—112
—3—
contaminants into the environment so as to cause or threaten to
cause water pollution in Illinois and/or create a water pollution
hazard in that due to the high permeability of the site’s soil,
the migration of leachate generated by the refuse so deposited
in
the site will cause,
threaten, or allow water pollution of
sub—surface waters and/or create
a water pollution hazard to
sub-surface waters.
(Stipulation,
p.
5).
The proposed settlement agreement provides that Service
Disposal,
Inc.:
(1) admits the allegations contained
in Count
I
and Count II of the Complaint;
(2) agrees to remove all refuse
previously deposited by the Respondent at the proposed new 15 acre
site and deposit this refuse
in a site properly permitted by the
appropriate authorities by no later than January
1,
1979
(this
time requirement may be extended under certain conditions which
are detailed in the Stipulation);
(3)
file a $5,000.00 performance
bond with the Agency and
(4) pay a stipulated penalty of $1,000.00
(Stipulation,
p.
6-7).
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 Act.
Incinerator,
Inc.
v.
Illinois Pollution Control
Board,
59
Ill.
2d 290,
319 N.E.
2d 794
(1974).
Accordingly,
the Board accepts the Stipulation and Proposal
for Settlement and finds
that, from February
1,
1978 until May,
1978,
Service Disposal,
Inc. violated the Board’s Solid Waste
Rules 201 and 202(a)
and Section 21(e)
of the Act by developing
and operating its solid waste management
site without the requisite
Agency permits and also caused water pollution and created a water
pollution hazard by depositing contaminants upon the land in
violation of Section 12(a)
and 12(d)
of the Act.
The Board
imposes the stipulated penalty of $1,000.00
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.
Service Disposal,
Inc.
has violated Rule 201 and Rule
202(a) of Chapter
7:
Solid Waste Regulations and Section
21(e)
and Sections 12(a)
and 12(d)
of the Illinois Environmental
Protection Act from February
1,
1978 until May,
1978.
32—113
—4—
2.
Within 45 days of the date of this Order, Service
Disposal,
Inc.
shall pay the stipulated penalty of $1,000.00
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.
Service Disposal,
Inc. shall comply with all the terms
and conditions of the Stipulation and Proposal for Settlement
filed October 18,
1978, which is incorporated by reference
as
if
fully set forth herein.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, here~ certify the above
pinion and Order were
adopted on the
/1.’
day of
_______________,
1978 by a
vote of
~
Illinois Pollution
trol Board
32—114