ILU 1’DIS
FOLLU~I~
~DNIROL WARD
January 18,
1979
ILLI~)IS
ENVIRCN~4EN~AL
)
PIO1ECrION AGENCY,
Coaplainant,
v.
)
PCB 78—169
)
VILLAGE OF ~EA(1JA,
)
a rrnnicipal
corporation,
Respondent.
MR. BRIAN REYNOLDS, ASSISTANT A~ORNEY GENERAL, APPEARED ON BEHALF
Of’ THE (Th4PLAINANT.
MR. EDWIN J(KISGI, ATIORNEY AT LAW, APPEARED CN BEHALF OF THE
RESPONDENT.
OPINION AND CIWER OF THE F1)ARD (by Mr. Werner):
This matter comes before
the Board on
the
June
13,
1978
Cc*Tplaint brought by the Illinois Envirorinental Protection Agency
(“Agency”).
Count
I
of
the Conplaint alleged that,
from
February
4,
1976 until
the filing of
the Complaint,
the Village
of Moweaqua operated
its solid waste management site
(the
“site”)
without an Operating Permit issued by the Agency in violation of
Rule 202(a)
of Chapter
7:
Solid Waste Regulations and Section
21(e)
of the Illinois Envirorinental Protection Act
(“Act”).
Count
II of
the Corrplaint alleged
that,
from February 4,
1976
until
the filing of
the Con-plaint (including, but not limited
to,
the dates
of February 4,
1976, September
13,
1976, and
November
8,
1976),
the Respondent
failed to apply
the requisite
daily cover material
on all exposed refuse at
the site
in
violation of Rule 301
and Rule 305(a) of Chapter
7:
Solid Waste
Regulations and Section 21(h)
of
the Act.
Count III of the
CcRTplaint
alleged
that,
from April
6,
1976 until
the filing of
the Gorrplaint
(including, but not
limited
to,
the dates
of
April
6,
1976, September
13,
1976 and November
8,
1977),
the
Village of Moweaqua allowed the open burning of refuse (including
landscape waste not generated at the site)
at
the property in
question in violation of Rule 502(a) of Chapter
2:
Air Pollution
Control Regulations and Section 9(c) of
the Act.
A hearing was
held on Nov~ther14,
1978.
The parties
filed a Stipulation and
Proposal
for Settlement
on November
16,
1978.
32—427
—2—
The Village
of Moweaqua
is
a niinicipal
corporation duly
formed under
the laws of
the State of Illinois.
The Respondent
owns property consisting of approximately 20 acres
located
in
Christian County,
Illinois.
Until May of
1974,
the Respondent
leased out this property to he used as a solid waste management
site.
However, neither the Respondent nor
its lessees had a
permit from the Agency to operate a solid waste management
site.
(Stipulation, p.
2).
In May of
1974, operations were ceased at
the site,
the lease
was discontinued,
and cover was placed over a majority of
the area.
On February
4,
1976,
April
6,
1976, September
13,
1976, July
11,
1977,
and Nov~rber8,
1977,
inspections of the site by Agency field
investigators revealed
that tree trunks,
limbs,
arid brush had been
durped on the site.
On November
8,
1977,
an inspection of
the
property by Agency field investigators revealed that d~rolition
wastes had also been dixrped on the site.
(Stipulation, p.
3).
On February 4,
1976, September
13,
1976,
and November
8,
1977,
inspections by Agency field investigators revealed that daily
cover had not been placed over the refuse on the site.
It
is stipulated that the Respondent has never possessed an
Agency permit for
the operation of
this solid waste management
site.
The Village of Moweaqua has received ntrnerous letters from
the Agency informing them of the lack of permit
for the site
and/or the 1ack of adequate cover on the site.
(Stipulation, p.3).
The Village
of Moweaqua states that
the site was closed to public
use in early
1974,
and that,
outside
of
the emergency storage of
tree limbs due
to storm damage in March or April
of 1978,
all
other storage of refuse was without
their consent.
(Stipulation,
p. 3—4).
It
is also stipulated that the site is no
longer in
operation and the Respondent does not plan
to use the property in
the future.
(Stipulation,
p.
4; Record,
p.
6),
The proposed settlement
agreement provides that the
Respondent
(i
.
e.,
the Village of Moweaqua):
(1) admi ts the
allegations charged
in Count
I
arid Count
II of
the Ccziplaint,
in that it did cause or allow the use of a solid waste management
site without an Operating Permit issued by the Agency, and that
it failed
to apply a compacted layer of at
least
six inches of
suitable material
on all exposed refuse at
the end of each day of
operation in violation of Rules 202(a),
301, and 305(a) of
Chapter
7:
Solid Waste Regulations and Section 21(b)
and Section
21(e) of the Act;
(2) agrees to cease and desist from further
violations of the Act
and the Board’s Regulations; and
(3) agrees
to pay a stipulated penalty of $100.00
Moreover,
it
is further agreed that
it
is technically
practicable and economically reasonable
to properly close and
cover
the site.
After the date of filing of
the Complaint,
the
Respondent
applied the requisite fina1
cover
to
the site (i.e.,
at
least t~co feet of suitable cover material has already been applied
over
the entire surface of the area of operation at the solid
waste management site).
(Stipulation, p.
4—5).
32—428
—3—
In evaluating
this enforcement action and proposed settlement,
the Board has taken
into consideration all
the
facts and circun-
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.
2d 794 (1974).
Accordingly,
the Board finds that
the Respondent,
the Village
of Moweaqua, has violated Rules 202(a),
301, and 305(a) of Chapter
7:
Solid Waste Regulations and Section 21(h) and Section 21(e)
of
the Illinois Environmental Protection Act
from February
4,
1976
until June
13,
1978.
All other allegations of
violations are
hereby dismissed.
The Board hereby imposes
the stipulated penalty
of $100.00 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:
I.
The Respondent,
the Village
of Moweaqua, has violated
Rules 202(a),
301, and 305(a) of Chapter
7:
Solid Waste
Regulations and Section 21(h) and Section 21(e)
of
the Illinois
Environmental Protection Act from February 4,
1976 until June
13,
1978.
2.
The Respondent,
the Village of Moweaqua, shall cease and
desist all
further violations.
3.
Within 45 days of
the date of
this Order,
the Respondent,
the Village of Moweaqua,
shall pay the stipulated penalty of
$100.00
,
payment
to be made by certified check or rrtney order
to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
4.
The Respondent,
the Village of Moweaqua,
shall
ccsrply with
all
the tern~and conditions of
the Stipulation and Proposal
for
Settlement
filed November
16,
1978, ~iich is incorporated by
reference
as
if
fully set forth herein.
5.
All other allegations
of violations are hereby dismissed.
I, Christan U. Moffett, Clerk of the Illinois Pollution
Control Board, her~b~
certify ~e
above Opinion
and Order were
adopted on the
I~’
day of
~
,
1979 by a
vote of
~-O
.
~
32-429
Illinois Pollution Con rol Board