ILLINOIS POLLUTION CONTROL
    BOARD
    September 21,
    1978
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 77—259
    JAMES
    ROBERTSON, d/b/a MASON
    )
    COUNTY LANDFILL,
    )
    Respondent.
    ANNE
    K. MARKEY, ASSISTANT ATTORNEY GENERAL,
    APPEARED
    ON BEHALF
    OF THE COMPLAINANT.
    KNUPPEL,
    GROSBOLL,
    BECKER
    & TICE
    (MR. ELDON H. BECKER, OF
    COUNSEL),
    ATTORNEYS
    AT
    LAW,
    APPEARED
    ON
    BEHALF
    OF THE RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Werner):
    This
    matter
    comes
    before
    the
    Board
    on
    the
    October
    3,
    1977
    Complaint
    brought
    by
    the
    People
    of
    the
    State
    of
    Illinois
    charging
    James
    Robertson,
    d/b/a
    Mason
    County
    Landfill,
    with
    violation
    of
    Rule
    305(a),
    305(b),
    305(c),
    and
    310(b)
    of
    Chapter
    7:
    Solid
    Waste
    Regulations and Section 21(e)
    of the Illinois Environmental
    Protection Act.
    A hearing was held on April 14,
    1978.
    The parties
    filed a Stipulation and Proposal for Settlement on May 12,
    1978.
    The Respondent operates
    a sanitary landfill located east of
    Mason City in Mason County,
    Illinois.
    This refuse disposal site
    has an Agency Operating Permit
    (No. 1974-19-OP)
    allowing the
    acceptance of solid waste.
    On March
    13,
    1975,
    the Mason County
    Landfill received a Supplemental Permit
    (No.
    75-82)
    to accept
    400 gallons per day of waste water treatment sludge from National
    By-Products, Mason City.
    This Supplemental Permit expired on
    March
    13,
    1976.
    The stipulated background facts indicate that,
    about one
    month after the Supplemental Permit had expired
    (i.e., on April
    14,
    1976),
    Mr. David Laxnbert, an Agency field inspector, observed the
    Respondent dispose of National By-Products’
    sludge in the landfill.
    Moreover,
    the inspector also noted that black-liquid scrubber waste
    from the Dana Corporation Foundry of Havana, Illinois was accepted
    31-45f
    —2—
    for disposal at the site.
    Additionally, Mr. Lainbert observed a
    lack of adequate daily cover material on portions of the landfill.
    The Agency notified the Mason County Landfill of these
    observations in a letter dated May 3,
    1976.
    (Exhibit “A”).
    On
    May 3,
    1976, the Respondent applied for a new Supplemental Permit
    authorizing acceptance of the National By-Products’
    sludge, and
    this permit was granted by the Agency on May 18, 1976.
    On May
    3,
    1976, the Mason County Landfill also applied for a Supplemental
    Permit to allow the disposal of recycled water and sludge from a
    fan system scrubber at the Dana Corporation Foundry.
    This Supple-
    mental Permit was granted by the Agency on May 18,
    1976, and
    expired on May 18, 1977.
    On January
    24,
    1977, Mr.
    R.
    A. Eisenkoff, an Agency field
    inspector,
    visited the site and observed that inadequate daily
    cover was placed on the waste received by the landfill.
    On July 27,
    1977,
    Mr. John Diefenback,
    an Agency field inspector, visited the
    landfill and noted that the Respondent was still accepting Dana
    Corporation’s scrubber residue and placing inadequate daily cover
    material on the site.
    The Mason County landfill was notified
    about these matters in a letter dated August
    8, 1977.
    (Exhibit “B”).
    Mr. Diefenback visited the site again on September 22—23,
    1977
    and September 26-27,
    1977.
    Newly received Dana Corporation
    scrubber residue was observed at the landfill during the inspections
    of September 22,
    1977 and September 26,
    1977.
    On September 28,
    1977, the Respondent met with Agency representatives to discuss the
    September inspections of the landfill.
    (Exhibit “C”).
    The
    Respondent also submitted an application to the Agency on
    September 28,
    1977 for a Supplement Permit allowing the disposal
    of the Dana Corporation scrubber residues at the landfill.
    This
    Supplemental Permit was then issued on September 28,
    1977.
    The Respondent admits to having accepted liquid wastes and
    sludges without Supplemental Permits from the Agency,
    in violation
    of Rule 310(b)
    of the Board’s Solid Waste Regulations, on April 14,
    1976; July 27,
    1977; September 21,
    1977; and September 26,
    1977.
    Additionally, the Mason County Landfill admits to having applied
    inadequate cover
    to the refuse deposited at the site, in violation
    of Rule 305 of the Board’s Solid Waste Regulations,
    on April
    14,
    1976; January
    24,
    1977;
    July 27,
    1977; September 22,
    1977 and
    September 26,
    1977.
    The settlement agreement between the parties provides that
    the Respondent
    (1)
    shall not accept any liquid or hazardous
    wastes or sludges for disposal at the landfill without having
    31—452
    —3—
    first obtained a Supplemental Permit from the Agency;
    (2)
    shall
    operate the landfill in compliance with all applicable Rules
    in
    the Board’s Solid Waste Regulations
    (including Solid Waste Rule
    305)
    and in compliance with
    any
    permits issued by the Agency to
    the Respondent; and
    (3)
    shall pay a stipulated penalty of $200.00
    within
    35 days of the date of the Board’s Order.
    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. ~
    (1974).
    Accordingly,
    the Board accepts the Stipulation and Proposal
    for Settlement and finds James Robertson, d/b/a Mason County
    Landfill,
    in violation of Rule 305 and Rule 310(b) of Chapter 7:
    Solid Waste Regulations.
    The Board imposes the stipulated penalty
    of $200.00
    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.
    James Robertson, d/b/a Mason County Landfill, has
    violated Rule 305 and Rule 310(b)
    of Chapter 7:
    Solid Waste Rules
    and Regulations.
    2.
    Within 35 days of the date of this Order,
    James Robertson,
    d/b/a Mason County Landfill,
    shall pay the stipulated penalty of
    $200.00
    ,
    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.
    James Robertson,
    d/b/a Mason County Landfill,
    shall comply
    with
    al). the terms and conditions of the Stipulation and Proposal
    for Settlement filed May
    12,
    1978, which is incorporated by
    reference as if fully set forth herein.
    31—453
    —4—
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereb~certifythe above Opinion and Order were
    adopted on the
    ~
    day of
    ~
    ,
    1978 by a
    vote of
    4-c
    .
    Christan L. Moff
    t~, Clerk
    Illinois Polluti
    Control Board
    31—454

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