I LLII’UI
S RJLLIXTION
GJNTROL
I~)ARD
February
1,
1979
ILLII’OIS ENVII~I~MENTAL
PROTECTION
AGENCY,
Corrplainant,
v.
)
P03
78—157
Cr1?
OF
MARION,
Respondent.
MR. STEPHEN GROSSVIARK,
ASSI
STANT AYORNEY
GENERAL, APPEARED ON BEHALF
OF
THE
(ThIPLAINANT.
FUNLER
&
NOVICK, ATTORNEYS
AT
LAW
(MR.
WILLIAM NOVICK,
OF
COUNSEL),
APPEARED
ON
BEHALF
OF
THE RESIN~DENT.
OPINION AND ORDER OF THE 1X)ARD (by Mr. Werner):
This
matter
ccnies
before
the
Board
on
the
May
31,
1978 Conplaint brought
by the Illinois Envirormental Protection Agency
(“Agency’T).
Count
I
of the
Qxrplaint alleged that the City of Marion (the “City”)
conducted its solid
waste management operation in such a manner as
to violate a condition of
its
Operating Permit and Rules 302,
305(a),
306,
314(e) and 317 of Chapter
7:
Solid Waste Regulations and Section 21(b)
of the Illinois Envirorniental
Protection Act (“Act”).
Count
II
of
the
Corrplaint
alleged that the City of
Marion violated Rules 305 and 318 of Chapter
7:
Solid Waste Regulations and
Section 21(b) of
the Act.
A hearing was held on October
16,
1978.
The
parties
filed a Stipulation
and
Proposal
for Settlement on December 22,
1978.
The City of Marion
is a rrLlnicipal corporation organized under
the laws of
the
State
of
Illinois.
The
Respondent
has,
at
all
times
pertinent
to
the
Corrplaint
in
this
case,
and
for
some time
prior
to
the
relevant
time
frames
of
the
Carplaint,
leased
40
acres
of
property
in
Williamson
County,
Illinois
fran
Mr.
Claude
White
of
Marion,
Illinois.
The
City
of
Marion
holds
Operating
Permit
No.
74-23-OP
(which
was
granted
to
the
Respondent
by
the
Agency
on
Decen-ber
15,
1975)
which
authorizes
the
City
to
conduct
a
solid
waste
management
operation
at
the
site.
Condition
Niither
I
of
the
Operating
Permit
No.
74—23-OP
provides:
“Monitor
Wells
Wi
and
W2
are
to
be
san-pled and
analyzed
quarterly
(January,
April,
July
and
October)
for
Fe,
NH~,
Chloride,
and
TDS.
Results
should
be
forwarded
to
the
Technical
Unit
of
the
Division
of
Land
Pollution
Control
of
the
Illinois
Envirorgnental
Protection
Agency.”
32—481
—2
It
is stipulated that, during a period beginning on or about November
1,
1976,
and ending on or about April
1,
1978,
the City of Marion failed to
cctrply with
this permit condition.
(Stipulation, p.
3; Record,
p.
6).
It
is
also stipulated
that, during a period beginning on
or about April
21,
1977, and ending on or about
June 21,
1977,
including, but
not limited
to,
April
21,
1977,
the City
failed to apply the requisite
daily cover material
on the site.
(Stipulation, p.
3).
It
is also agreed
that,
since on or about
April 21,
1977,
the City
of Marion has not collected all
litter fran the
landfill
at
the end of each working day and either placed the litter in the
fill,
and cc*rpacted and covered
it, or stored the litter in a covered
container,
and has failed to
take adequate measures
to ironitor and control
leachate.
(Stipulation, p.
4).
Moreover,
fran on
or about June 21,
1977
until Decether 22,
1978,
the City of Marion has failed to place the necessary
final
cover on the site.
Additionally, since on or about June 21,
1977,
and
continuing
to the date of the filing of
this Ccnplaint,
the Respondent has
failed
to rionitor gas, water
and settling at the property.
(Stipulation,
p.
4).
It
is stipulated
that
the Agency has given the City
of Marion notice of
the operational defects
at
the site
in question.
(See:
the letters sent by
the Agency and received by the City which are dated May
4,
1977, May 31,
1977,
Septen-her 26,
1977, January
18,
1978, and February
6,
1978 and are marked as
Exhibits A through E respectively and are attached
to and incorporated by
reference into the Statement of Stipulated Settlement).
Furthertrore, on two
occasions, Agency inspectors took photographs of the
property.
(See:
Exhibits
F, C and H which contain the described photographs
with indications
of
the dates and times
the photographs were taken and which are also
incorporated by reference into
the Statement of Stipulated Settlement).
The City of Marion admits that
all
the previously mentioned stipulated
facts
indicate that
the alleged violations of the Board’s Solid Waste
Regulations and the Act did,
in
fact,
occur.
(See:
Stipulation,
p.
5).
The
Respondent and the Agency agree
that
it
is both technically practicable and
econanically reasonable
to ccrrply with
the Act and Chapter
7:
Solid
Waste
Regulations.
To this end,
the City of Marion has agreed to follow a specified
Caipliance Program.
(Stipulation, P.
6).
It
is stipulated that the
Respondent has only recently taken steps
to bring the site
into
coapliance.
The City of Marion has hired
independent contractors
to place and grade the
final
cover at the site and conduct any sarrpling and analysis
that may be
needed at
a
cost
in excess of
$10,000.00
.
(Stipulation,
p.
6;
Record,
p.
7).
The proposed settlement
agreement and Ccrrpliance Program provides that
the City of Marion will:
(1) place and grade final
cover
at
the subject site
as required by the Act, Chapter
7:
Solid Waste Regulations and the City’s
permit application and Operating Permit
on, or before, May 21,
1979.
On, or
before, May 30,
1979,
the City of Marion will have a certified professional
engineer contact
the Agency and certify
that
the final
cover has been placed
and properly graded;
(2) cane
into ccnpliance with,
and will
in the future
32—482
—3—
carply with,
all provisions
of the Board’s Solid Waste Regulations that were
alleged
to have been violated and
that were specifically delineated
in the
Ccnplaint in this case;
(3)
cease and desist fran further violations;
and
(4) pay a stipulated penalty of $750.00 within 45 days of
the entry of
the
Board’s Order.
In evaluating this enforcement action and proposed settlement,
the Board
has taken into consideration all
the
facts and circumstances
in light
of the
specific criteria delineated
in Section 33(c)
of the Illinois Envirorrnental
Protection Act.
Accordingly,
the Board
finds
that
the Respondent,
the City of
Marion,
has violated Rules 302,
305,
305(a),
306,
314(e),
317 and 318 of
Chapter
7:
Solid Waste Regulations and Section 21(h)
of the Act.
The Board
hereby
in-poses
the stipulated penalty of $750.00 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,
the City of Marion, has violated Rules 302,
305,
305(a),
306,
314(e),
317 and 318 of Chapter
7:
Solid Waste Regulations and
Section 21(b) of
the Illinois Envirormental Protection Act.
2.
The Respondent,
the City of Marion,
shall
cease and desist
all
further violations.
3.
The Respondent,
the City of Marion,
shall place and grade
final
cover at
the subject
site as required by the Act,
the Board’s Solid Waste
Regulations and the City of Marion’s permit application and Operating Permit
on, or before, May 21,
1979.
On, or before, May 30,
1979,
the City of Marion
shall have a certified professional engineer contact
the Agency and certify
that
the final
cover has been placed and properly graded.
4.
Within 45 days of
the date of
this Order, the Respondent, shall pay
the stipulated penalty of $750.00
,
payment
to be made by certified check or
money order
to:
State of Illinois
Fiscal Services Division
Illinois Envirormental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
5.
The Respondent,
the City of Marion,
shall
conply with all
the terms
and conditions of the Stipulation and Proposal
for Settlement
filed December
22,
1978, which
is incorporated by reference as
if
fully set forth herein.
32—483
—4—
Mr.
Goodman
abstained.
I,
christan
L.
Moffett,
Clerk
of
the
Illinois
Pollution
Contro~pard,
hereby cert~~~?
Opinion and
Order
were
adopted
on
the
~
_________________,l979byavoteof
.3-c~
Illinois Pollution
32—484