ILLINOIS POLLUTION CONTROL
BOARD
September 7, 1978
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
PCB 78—49
)
MACOMB
COUNTRY CLUB,
)
an Illinois not—for—profit
)
corporation,
Respondent.
MR.
REED
NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF
OF
THE COMPLAINANT.
MR.
C. DON WESTON, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Werner):
This matter conies before the Board on the February 17,
1978
Complaint brought by the Illinois Environmental Protection Agency
alleging that the Nacomb Country Club
(“Maconi.b”)
allowed the open
dumping of refuse on its solid waste management site from October 1,
1974 until February 18,
1975 and failed to place final cover on its
site from February 18, 1975 until February 17,
1978 in violation of
Rule 301 and Rule 305(c) of Chapter 7:
Solid Waste Regulations and
Section 21(b)
of the Illinois Environmental Protection Act.
A
hearing was held on June 23,
1978 and the parties read their
Stipulation and Proposal for Settlement into the record at that time.
The Macomb Country Club is a not-for-profit Illinois corporation
which owns property on Hickory Grove Lane in Macomb, McDonough
County,
Illinois.
The stipulated facts indicate that while the
Respondent operated this site from October
1,
1974 until February 18,
1975,
it permitted the dumping of demolition debris next to its
clubhouse for use as a base for a planned parking lot
(i.e., to
bring the area up to grade) at the property.
During this period,
persons beyond the control of the Respondent also dumped small
amounts of other refuse on the site.
(See, Complainant’s Group
Exhibit 1,
2,
and 3).
Macomb Country Club has ceased accepting
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—2--
refuse at the site and has not permitted the dumping of demolition
debris on the property since the summer of 1976, when most of the
area near the clubhouse was converted to a concrete parking lot.
(Complainant’s Group Exhibit 2).
The Respondent from time to time has placed clay on the
demolition debris when it was available from the construction
projects in the Macomb area at no cost to the country
club.
The
demolition debris was originally dumped on the site for the purpose
of bringing the area near the clubhouse up to grade for a
parking lot.
(Complainant’s Group Exhibit 2).
There remains
about 100 square yards of exposed demolition debris which requires
final cover at the present time.
The settlement agreement provides that:
(1) Macomb will
cover or remove all exposed demolition debris within 120 days of
the date of the Board’s Order;
(2)
the Agency has a right to
monitor the site from time to time; and
(3)
the Board may, at its
discretion,
impose a fine.
The Agency has recommended that the
Board impose
a penalty of $100.00
.
(R.
6,8).
However, the Respondent’s attorney has contended that a fine
in this case is unwarranted because “the club’s current financial
situation is not in the best of shape.”
(R.
7).
He stated that
the Macomb Country Club “may well be placed in a position for the
first time to purchase dirt” and will have the financial burden of
“paying for
a contractor to compact and spread it
...“
CR.
7-8)..
Moreover, the Respondent’s attorney indicated that the country
club “has an operating loss of about $3,000.00
a month and about
$15,000.00
to date this year.”
CR.
8).
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.
Incinerator,
Inc.
v.
Illinois Pollution Control
Board,
59
Ill.
2d 290,
319 N.E.
2d 794
(1974).
Accordingly, the Board accepts the Stipulation and Proposal
for Settlement and finds that Macornb Country Club allowed the open
dumping of refuse from October 1,
1974 until February 18, 1975
and failed to place final cover on its site from February 18,
1975
until February 17,
1978 in violation of Rule 301 and Rule 305(c)
of Chapter 7:
Solid Waste Regulations and Section 21(b)
of the
Act.
The Board hereby imposes
a penalty of $100.00 for these
violations.
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—3—
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.
Macontb Country Club has violated Rule 301 and Rule 305(c)
of Chapter
7:
Solid Waste Rules and Regulations and Section 21(b)
of the Illinois Environmental Protection Act.
2.
Within 120 days of the date of this Order,
Macornb Country
Club shall cover or remove all exposed demolition debris from its
site.
3.
Within 90 days of the date of this Order, Macomb Country
Club shall pay a penalty of $100.00
,
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
4.
Macornb Country Club shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement of
June 23,
1978, 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
Y~
day of
,
1978 by a
vote of
4...c~
~
Illinois Pollution
trol Board
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