ILLINOIS POLLUTION CONTROL BOARD
    January
    18,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—198
    A
    & F MATERIALS COMPANY,
    INC.,
    a Nevada Corporation,
    and ALVA
    RUNYON,
    an individual,
    Respondents.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young);
    Respondents, A
    & F Materials Company,
    Inc.,
    a Nevada
    Corporation, and Alva Runyon, were charged
    in an Amended
    Complaint filed September
    20,
    1978, with violations of
    the Environmental Protection ~ct and Chapter
    3 of the
    Rules and Regulations in the operation of an unpermitted
    holding lagoon in Richland County,
    Illinois,
    and by causing
    or allowing the discharge of contaminants into the waters
    of the State.
    On Stipulation between parties and on Motion
    of the Complainant,
    Respondent Alva Runyon was dismissed
    without prejudice by Order of the Board on November
    2, 1978.
    Hearing was held at the Richland County Courthouse
    in
    Olney, Illinois, on October
    26, 1978,
    at which time the
    parties entered
    a Joint Stipulation, Statement of Facts
    and Proposal for Settlement into the record.
    The facts set forth in the Joint Stipulation establish
    that the Respondent A
    & F Materials Company,
    Inc. constructed
    a holding lagoon facility designed to store certain substances
    for ultimate refining and recovery operations and that as a
    result of heavy rainfalls on s(~veraldifferent occasions the
    facilities overflowed into an unnamed tributary of the Fox
    River
    (Stip.
    2).
    The Respondent held no construction or
    operation permit issued by the Agency under
    12(b)
    of the Act
    and Rules
    951 and 952 of Chapter
    3 despite written notifica-
    tion (on July 30 and August 11,
    1976, and March
    6,
    1978)
    that
    such permits were required and verbal notification of such
    requirements
    on several different occasions
    (Stip.
    3).
    32—431
    I
    I
    —2—
    The Respondent stipulates and admits the violation
    of
    12(b)
    of the Act and Rules
    951 and 952 of Chapter
    3.
    No evidence was entered to support Counts
    I and IV of the
    Complaint and the parties agree that Count III should be
    dismissed
    (Stip.
    4,
    5)
    Respondent agreed to empty the lagoon and remove all
    residuals by December
    1,
    1978; to completely fill, cover
    and level the holding lagoon facility no later than December
    15,
    1978;
    and,
    to pay a civil penalty of $1,100.00 for the
    violations admitted
    (Stip.
    4,
    5).
    On the basis of the foregoing and the Joint Stipulation,
    Statement of Facts and Proposal for Settlement entered into
    the record on October 26,
    1978,
    the Board finds that the
    Respondent did violate Section
    12(b)
    of the Environmental
    Protection Act and Rules
    951 and 952 of Chapter
    3:
    Water
    Pollution,
    of the Pollution Control Board Rules and Regu-
    lations.
    The Board further finds that $1,100.00 is
    a
    sufficient penalty for the violation found herein and
    necessary to the enforcement of the Act and will assess
    that amount as penalty for the infraction.
    The Board has
    considered the application of the requirements of Section
    33(c)
    of the Act to the facts and circumstances herein
    and finds the Joint Stipulation,
    Statement of Facts and
    Proposal
    for Settlement acceptable under Rule 331 of the
    Board’s Procedural
    Rules.
    Counts
    I,
    III and IV of the
    Complaint will be dismissed.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1.
    Respondent, A
    & F Materials Company, Inc.,
    is
    found to have operated a holding lagoon facility in viola-
    tion of Section 12 (b) of the Environmental Protection Act
    and of Rules
    951 and 952 of Chapter
    3:
    Water Pollution,
    of the Pollution Control Board Rules and Regulations.
    The
    Board will assess a penalty of $1,100.00 for such violations;
    penalty payment to be made by certified check or money order
    within
    45 days of this Order payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill
    Road
    Springfield,
    Illinois
    62706
    32—432
    —3—
    2.
    Respondent, A
    & F Materials Company,
    Inc.,
    shall
    adhere to all provisions of the Joint Stipulation, State-
    ment of Facts and Proposal for Settlement which is incor-
    porated by reference as
    if fully set forth herein.
    3.
    Counts
    I,
    III and IV of the Complaint are hereby
    dismissed.
    IT IS
    SO ORDERED.
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby cçrtify the
    ove Opinion and Order
    were adopted on the
    ~
    day of
    __________________,
    1979
    by a vote of
    _____
    e4t4~~ft1
    p~-~a~
    Christan
    L.
    Mof
    Clerk
    Illinois Polluti
    ontrol Board
    32—433

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