ILLINOIS POLLUTION CONTROL BOARD
February
15, 1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 78—31
A.
E.
MARKGRAF
and. OCOYA
LANDFILL CO.,
a Delaware corporation,
Respondents.
)
MR. REED W. NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT.
THOMPSON AND STRONG, ATTORNEYS AT LAW
(MR. THOMAS BLAKEMAN, OF
COUNSEL), APPEARED ON BEHALF OF THE RESPONDENTS.
OPINION AND ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the February
6,
1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
Count
I of the Complaint alleged that,
from July 29,
1974 until the date of filing of the Complaint, the Respondents
operated a solid waste disposal site
in Livingston County without an
Operating Permit issued by the Agency in violation of Rule 202(b) (1)
of Chapter
7:
Solid Waste Regulations and Section 21(e)
of the
Illinois Environmental Protection Act (“Act”).
Count
II of the
Complaint alleged that,
from September
18, 1974 until the date of
filing of the Complaint (including
18 separate, specified dates
between 1974 and 1977),
the Respondents failed to place adequate
daily cover material on exposed refuse
in violation of Rule 301 and
Rule 305(a)
of Chapter
7:
Solid Waste Regulations and Section
21(a)
and Section 21(b)
of the Act.
Count III of the Complaint alleged
that,
from July 29, 1974 until the date of filing of the Complaint
(including
17 separate,
specified dates between
1974 and 1977),
the
Respondents failed to place adequate final cover over portions of
the landfill
in violation of Rule 301 and Rule 305(c)
of Chapter
7:
Solid Waste Regulations and Section 21(a)
and Section 21(b)
of the
Act.
A hearing was held on December 27,
1978.
The parties filed a
Stipulation and Proposal for Settlement on January
3,
1979.
Ocoya Landfill Company
(“Ocoya”)
is a Delaware corporation
authorized to do business in Illinois.
A.
E.. Markgraf is President
and Registered Agent for Ocoya.
A.
E. Markgraf leases land in
Livingston County between Ocoya and Chenoa,
Illinois
(the “site”).
32—527
—2—
Since sometime prior to July 29,
1974,
the Respondents have caused
or allowed the operation of a solid waste disposal site on this
property.
In that time period,
the Respondents have accepted
garbage and other refuse generated by activities other than their
own activities
at the site.
Prior to the filing of the Complaint
in this matter, neither Respondent had ever applied for or obtained
an Operating Permit from the Agency for the site.
(Stipulation, p.3).
Inspections of the site by Agency personnel revealed apparent
violations of the daily cover requirement of Rule 305(a)
of Chapter
7:
Solid Waste Regulations on each of the following dates:
September 18,
1974; October
24,
1974;
December
2,
1974;
February
6,
1975;
February 27,
1975; March
26,
1975; July
31,
1975;
October
3,
1975;
November 19,
1975; January 16,
1976;
February
23, 1976;
May 20,
1976;
May 21, 1976;
September 29,
1976;
September
30,
1976; April
6,
1977;
and May
3,
1977.
(Stipulation,
p.
3).
Additionally, inspections of
the site by Agency personnel revealed apparent violations of the
final cover requirement of Rule 305(c)
of the Board’s Solid Waste
Regulations on each of the following dates:
July 29,
1974;
September 18,
1974; October 24,
1974; December
2,
1974; February
6,
1975; February 27,
1975; March 26,
1974; July
31,
1975; October
3,
1975;
May 20,
1976;
May 21,
1975;
September
29,
1976;
September 30,
1976;
January 13,
1977;
April
6,
1977; May
3,
1977;
and September
7,
1977.
The parties stipulate that the Respondents caused or allowed
the violations alleged in the Complaint pertaining to the lack of
an Operating Permit.
In regard to the allegations concerning the
lack of daily and final cover,
the Agency submits that
it would
present evidence,
if a full hearing were held,
establishing
violations on the previously specified dates.
For their part,
Respondents submit that they are without sufficient knowledge with
which
to admit or deny any such violations.
(Stipulation,
p.
5).
After the filing of the Complaint in this matter, the
Respondents
(by agreement with the Agency)
submitted plans to the
Agency along with applications for appropriate permits for the site.
A supplemental permit for modification of the site was issued on
May 18,
1978, and,
on November
2,
1978,
an Operating Permit was
issued by the Agency.
Since the filing of the Complaint in this
matter, the subject site has been under the active supervision of the
Respondents and will continue to be under the active supervision of
the holder of the Operating Permit.
Also,
recent inspections of
the site by Agency personnel have revealed substantial improvement
in the day-to-day operation of the site.
(Stipulation,
p.
6).
The parties agree that the suitability of the location of this
~o1id waste management site should not be at issue here,
as the site
has
been approved and permits now have been issued by the Agency.
The
parties also agree that the efforts to date made by the
32—528
—3—
Respondents were technically practicable and economically reasonable
means of bringing the site into compliance with the Act and
applicable Board Solid Waste Regulations.
(Stipulation, p.
6).
The proposed settlement agreement provides that the Respondents,
A.
E. Markgraf and Ocoya Landfill Co.,
should be found in violation
of the Act and specified Solid Waste Rules,
cease and desist from
further violations, and pay a stipulated penalty of $1,000.00 for
which both named Respondents shall be jointly and severally liable.
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.
Accordingly, the Board finds that the Respondents,
A.
E. Markgraf and Ocoya Landfill Co., have violated Rules
202 (b) (1),
301,
305(a) and 305(c)
of Chapter
7:
Solid Waste Regulations and
Section’2l(b)
and Section
21(e)
of the Act.
The Board hereby imposes
the stipulated penalty of $1,000.00 against the Respondents,
for
which both named Respondents shall be jointly and severally liable.
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 Respondents,
A.
E. Markgraf and Ocoya Landfill Co.,
have violated Rules 202(b) (1),
301,
305(a) and 305(c)
of Chapter
7:
Solid Waste Regulations and Section 21(b)
and Section 21(e)
of the
Act.
2.
The Respondents,
A.
E. Markgraf and Ocoya Landfill Co.,
shall cease and desist all further violations.
3.
Within 45 days of the date of this Order,
the Respondents,
A.
E. Markgraf and Ocoya Landfill Co. jointly and severally 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 2—529
—4—
4.
The Respondents,
A.
E. Markgraf and Ocoya Landfill Co.,
shall comply with all the terms and conditions of the Stipulation
and Proposal for Settlement filed January
3,
1979,
which
is
incorporated by reference as
if fully set forth herein.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
~
day of
‘4~4J~qj~jj
,
1979
by a
vote of
_______.
T
~.
Christan L.
Moffett, Cl rk
Illinois Pollution Control Board
32—530