ILLINOIS POLLUTION CONTROL BOARD
    November 30
    ,
    1978
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—76
    EVERETT ALLEN, d/b/a ALLEN
    DISPOSAL COMPANY,
    )
    Respondent.
    MR. WILLIAM J.
    BARZANO,
    JR., ASSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF THE COMPLAINANT.
    MR.
    THOMAS
    T. AUSTIN, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon a complaint filed
    on March
    16, 1978 by the Environmental Protection Agency
    (Agency)
    alleging violations of Rule 202(b) (1)
    of Chapter
    7:
    Solid Waste
    Regulations and Section 21(e)
    of the Environmental Protection
    Act
    (Act)
    and Rules
    301,
    303(b),
    305(a),
    305(b),
    314 and Section
    21(b)
    of the Act.
    A hearing was held on October
    6,
    1978
    at which
    time a stipulation was presented for Board approval.
    No testimony
    was given.
    The stipulation provides the following
    facts.
    Respondent
    causes or allows the use and operation of a solid waste management
    site located on approximately twenty acres within the Northeast
    Quarter of the Northwest Quarter of Section 4 in Township
    9 South,
    Range
    1 East of the Third Principal Meridian in Williamson County,
    Illinois.
    This
    is near the City of Carterville,
    Illinois.
    Re-
    spondent has caused or allowed the disposal of refuse generated
    by activities other than those of Respondent,
    from on or about
    January 20,
    1976
    to present.
    The site previously was a strip mine
    which has been worked out,
    leaving pits and spoil banks.
    Natural
    drainage of the site is by an unnamed creek which flows to the
    Cambria neck of Crab Orchard Lake approximately one and one—half
    miles from the site.
    Agency permitted landfills
    in the area of Respondent’s site
    include Desoto/Bryant, Graff, and Herr±n—Hindman.
    32—149
    —2—
    Since January 20,
    1976, Respondent has not possessed an
    operating permit in violation of Rule 202(b) (1)
    of Chapter 7
    and Section 21(e)
    of the Act.
    From on or about January
    20,
    1976 to the time of the stipulated agreement,
    including but
    not limited to twelve specific dates, Respondent has caused
    or allowed the use or operation of the site without placing
    daily cover in violation of Rules
    301 and 305(a)
    of Chapter
    7
    and Section 21(b)
    of the Act.
    Respondent also admits violations
    of Rules
    314(e)
    and 303(b)
    of Chapter 7 and Section 21(b)
    of the
    Act.
    The agreement provides that at all times pertinent to the
    Complaint,
    Respondent has had a readily available supply of
    suitable cover material at Respondent’s site for use
    as daily
    cover requirements.
    At all times
    it was technically practical
    and economically reasonable for Respondent to comply with the
    provisions of the Act and the Regulations which Respondent
    is
    charged with violating.
    Prior to the complaint Respondent had
    received several notices concerning the violations
    alleged.
    As
    of the date of the stipulation Respondent has substantially
    remedied the violations and on or about July 14,
    1978, Respondent
    was issued a developmental and operating permit by the Agency,
    No.
    1978-17-DE/OP.
    The terms of the agreement include that
    within forty-five days of this Order, Respondent~s site shall
    be operated in accordance with all applicable Solid Waste Rules
    and specifically those enumerated.
    Respondent agrees to pay a
    $1000 penalty to aid enforcement of the Act.
    All other alleg-
    ations are to be dismissed.
    The Board finds the stipulated agreement acceptable under
    Procedural Rule
    331.
    Respondent
    is found in violation of
    Rule 202(b) (1)
    of Chapter
    7 and Section
    21(e)
    of the Act and
    Rules
    301, 303(b),
    305(a)
    and 314(e)
    of Chapter
    7 and Section
    21(b)
    of the Act.
    All other allegations are dismissed.
    Re-
    spondent shall pay a penalty of $1000.
    Respondent shall comply
    with all terms
    of the stipulated agreement.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1.
    Everett Allen d/b/a Allen Disposal Company has violated
    Rule 202(b) (1)
    of Chapter 7:
    Solid Waste Regulations
    and Section
    21(e)
    of the Environmental Protection Act
    and Rules 301,
    303(b),
    305(a) and 314(e)
    of Chapter
    7
    and Section
    21(b)
    of the Act.
    All other allegations
    are dismissed.
    32—150
    —3—
    2.
    Within forty-five
    days of this Order Respondent’s
    site shall be operated in accordance with all applicable
    Solid Waste Rules.
    3.
    Respondent shall cease and desist all further violations.
    4.
    Respondent shall pay a penalty of $1000 within thirty-
    five days of this Order.
    Payment shall be by certified
    check or money order payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above 0 inion and Order were
    adopted on the
    ~
    day of
    ~
    ________,
    1978 by a vote
    of
    E-o
    .
    Christan
    L. Moff~2, Clerk
    Illinois Pollution Control Board
    32—151

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