ILLINOIS POLLUTION CONTROL
BOARD
August
24,
1978
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
vs.
)
PCB 77—84
)
PAUL SAUGET, individually, SAUGET AND
)
COMPANY,
a Delaware corporation, EAGLE
)
MARINE
INDUSTRIES, INC.,
a Missouri
)
corporation,
and
RIVER PORT FLEETING
)
INC.~, a Missouri corporation,
)
)
Respondents.
MR.
WILLIAM
J.
BARZANO,
JR.,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
MR.
HAROLD
BAKER
APPEARED
ON
BEHALF
OF
THE
RESPONDENTS.
OPINION
AND
ORDER
OF
THE
BOARD
(by
Dr.
Satchell):
This
matter
comes
before
the
Board
upon
a
complaint
filed
March 16, 1977 by the Environmental Protection Agency
(Agency).
An
amended
complaint was filed August
5,
1977.
The amended
complaint alleges that Respondents
Paul
Sauget
and
Sauget
and
Company, operated a refuse disposal site of approximately 35
acres
located in Township 2 North, Range
10 West of 3rd
Principal Meridian, Centreville Township, St. Clair County,
Illinois.
The site is located partly within the limits of the
Village of Sauget, Illinois and lies adjacent to the Mississippi
River.
It further alleges that the remaining Respondents
presently own portions of the site.
The amended complaint
alleges that the site was run in such a manner as to violate
Rule
305(c)
of the Chapter
7:
Solid Waste Regulations and
Section
21 of the Act, Rule 203(a)
of the Chapter
3:
Water
Pollution Regulations
(Chapter
3)
and Sections 12(a),
12(d)
and
9(c)
of the Environmental Protection Act
(Act), and Rule 5.07(b)
of the Public Health Regulations and hence
a violation of
Section 21(b)
of the Act.
Upon a motion by complainant, Respondents, Eagle Marine
Industries,
Inc. and River Port Fleeting, Inc., were dismissed
by a Board order of March 16,
1978.
A hearing was held on
June 20,
1978 at which the remaining parties presented a
stipulation to the Board for acceptance.
No testimony was given.
The stipulated agreement provides the following facts.
Paul Sauget is an officer and principal owner of Sauget and
Company.
At all times pertinent until November 15,
1973 Sauget
and Company was authorized to transact business in Illinois.
Beginning in the fall of 1959 and continuing each and everyday to
on or about April 26,
1973,
Sauget and Company operated a refuse
disposal site located at the site in question.
31~237
—2—
Eagle Marine Industries,
Inc. presently owns a portion of
said refuse disposal site formerly operated by Sauget and
Company.
River Port Fleeting,
Inc. also presently owns
a
portion of
the’ said disposal site.
These Respondents agreed by
stipulation to allow access to the site to remedy the situation
and were dismissed by a previous Board order.
The stipulation further provides that Paul Sauget and
Respondent Sauget and Company have failed to place a final
cover of at least two feet of suitable material over the entire
surface of all completed portions of the refuse site.
Cover
which Respondents believed to be acceptable or suitable,
or
both, has been placed on the site although the Agency gave
notice to the contrary.
Final cover should have been placed
upon the site prior
to October
26,
1973.
In
PCB
71-29,
which
the
parties
agreed should be incorporated
into
this
proceeding,
the
Board
accepted
testimony
that
Paul
Sauget
had
been
given
permission
by
the
Director
of
the
Illinois
Department of Public Health to use cinders as cover material.
Thus
for
the
purposes
of
the
stipulation
the
parties
agreed
that
cinders
used
by
the
Respondents
as
cover
material
prior
to
the
Board
decision
in
PCB
71-29
on
May
26,
1971
are
accepted
as
cover
material
but
not
for
that
portion
of
the
site
operated
after
May
26,
1971.
Cinders
shall
not
be
used
hereafter
as
cover
material by Respondents.
At the disposal site,
refuse was deposited commencing in
the northern portion of the site in 1959 and continuing thereafter
in a southerly direction.
The parties agree that the 1966
operating face shall be deemed to have been a straight line
perpendicular
to the levee running along the road at the south
end of Union Electric’s fly ash pond.
It is further agreed that
the 1971 operating face shall be deemed to have been a straight
line parallel to and 1200 feet southerly of the 1966 operating
face.
Paul Sauget and Sauget and Company admit the allegations con-
tained in paragraph 15 of Count V of the Amended Complaint,
in that
each of them,
since October 26,
1973, has failed to place
a com-
pacted layer of at least two feet of suitable material over the
entire portion of the refuse disposal site operated by them.
They
do not necessarily admit that final cover has not been placed upon
the refuse disposal site, there having heretofore been disputes
concerning the depth or the suitability, or both,
of the final
cover.
These Respondents agree to place two feet of suitable cover material
on said site in accordance with Rule 5.07(b)
of the Rules and
Regulations for Refuse Disposal Sites and Facilities.
The stipu-
lation provides
a more detailed plan for placement of final
cover.
The stipulation provides that the final cover shall be
of the quality agreed upon by the parties in May,
1978.
If
31—238
—3—
there is any change in cover the Agency shall be notified.
The
agreement also provides conditions under which the
time
in
which Respondents are to meet their obligations may be extended
beyond the thirty
(30) months stipulated for completion.
Respondents agree
to file
a performance bond of $125,000.00
with the Agency.
Respondents also agree to a penalty of $5,000.00
to be paid in two monthly installments of $2,500.00 per month.
All other allegations shall be dismissed with prejudice.
The Board finds the stipulated agreement acceptable under
Procedural Rule 331.
The Board finds Respondents, Paul Sauget
and Sauget and Company,
in violation of Rule 5.07(b)
of the Public
Health Regulations and Section 21(b)
of the Act.
The remaining
allegations are dismissed.
In light of Section 33(c)
of the Act
the stipulated penalty of $5,000.00 is appropriate.
This is
assessed jointly and severally.
Respondents did have notice of
cover requirements because of the previous enforcement case
PCB 71-29
arid
considerable time has passed since the cover should
have been applied.
The Agency’s definition of “suitable material”
included in Exhibit A is acceptable for the purposes 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.
Paul Sauget and Sauget and Company are found to be
in violation of Rule 5.07(b)
of the Public Health
Regulations and Section 21(b)
of the Act.
The
remaining allegations are dismissed.
2,
Respondents shall comply with all the provisions
of the stipulation incorporated by reference as
if
fully set forth herein.
Respondents shall file a
performance bond with the Agency in the amount of
$125,000.00.
Respondents shall jointly and severally
pay a penalty of $5,000.00 pursuant to the terms of
the stipulated agreement.
Payment shall be by certi-
fied check or money order payable to:
Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereb~7certify the above Opinion and Order were
ado~~donthe
~/
day
of~U~h.
,
1978 by a vote
31—239