ILLINOIS
    POLLUTION
    CONTROL BOARD
    October
    4,
    1978
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 77—280
    CITY OF FAIRBURY, a municipal
    )
    corporation,
    Respondent.
    MR.
    PATRICK
    J. CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    MR.
    PAUL
    G.
    MASON,
    ATTORNEY
    AT
    LAW,
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Dr.
    Satchell):
    This matter comes before the Board upon a complaint filed by
    the Environmental Protection Agency
    (Agency) on October 31,
    1977.
    An amended complaint was filed on February 9,
    1978 alleging that
    Respondent has violated Rule 5.07(b)
    of the Department of
    Health’s Rules and Regulations
    (Public Health Regulations)
    and
    hence Section 21(b)
    of the Environmental Protection Act
    (Act);
    and that Respondent has violated Rule 202(b) (1)
    of Chapter
    7:
    Solid Waste Regulations
    (Chapter
    7)
    and Section 21(e)
    of the Act
    and Rule 301 of Chapter 7 and Section 21(b)
    of the Act. A
    hearing was held in this matter on August 8,
    1978 in Pontiac,
    Illinois.
    At that time a stipulated settlement was presented
    for Board approval.
    The stipulated facts provide that Respondent owns the land
    in question and from May of 1967 to January 1969 operated a
    solid waste disposal site on the property.
    From August
    1,
    1969
    until at least August
    4,
    1977 the Respondent had not applied a
    compacted layer of at least two feet of suitable material over
    the entire surface of the area of the site that had been used
    prior to and during January 1969.
    Respondent admits failure to
    cover is
    a violation of Public Health Rule 5.07(b) and Section
    21(b)
    of the Act.
    After July 14,
    1976 but prior to September 30, 1976 and
    continuing until
    at least January 12,
    1977 the Respondent
    operated a solid waste management site by depositing refuse on
    the site at a location north of the slope of the completed fill
    31—577
    —2—
    which ceased operation in January 1969.
    Respondent has not at
    any time been issued an operating permit from the Agency for
    the operation of the solid waste management site.
    From sixty
    days after January 12, 1977 until at least August 4,
    1977 the
    Respondent has not applied a compacted layer of not less than
    two feet of suitable cover material over the entire surface of
    area of operation.
    After August 4, 1977 Respondent applied
    a
    compacted layer of not less than two feet of suitable cover
    material over the entire surface of all areas that were used
    for dumping on the site.
    No complaints have been received by the Agency about the
    site;
    however, the potential of leachate from this site seeping
    into the ground water exists.
    A system of monitoring wells
    is
    necessary to monitor the ground water.
    The parties agreed the site had social and economic value
    as
    a solid waste management
    site.
    The site is no longer used
    for such purpose.
    Respondent does not plan to use the site
    in the future and thus
    the suitability of the site for solid
    waste management
    is not in dispute.
    It is technically pract-
    icable and
    economically reasonable to properly
    close
    and
    cover the site.
    The settlement agreement provides that Respondent shall
    cease and desist operation of the solid waste management site
    until
    a proper operating permit is obtained.
    The City shall
    file
    a detailed description of the site,
    including a plat,
    with the appropriate county land authority for the County of
    Livingston as required by Rule 318 of Chapter
    7.
    The City
    shall install two monitoring wells to sample the groundwater
    at locations designated by the Agency.
    The parties
    agreed
    that no penalty was necessary to aid enforcement of the Act.
    The Board finds this stipulated settlement to be acceptable
    under Procedural Rule 331.
    The Board finds Respondent in
    violation of Rule 5.07(b) of the Public Health Regulations
    and Section 21(b)
    of the Act, Rule 301 of Chapter
    7 and Section
    21(b)
    and Rule 202(b) (1) and Section 21(e)
    of the Act.
    Re—
    spondent will be required to comply with the stipulated agree-
    ment.
    The City has indicated its willingness to comply with the
    regulations and has already taken steps to come into compliance
    (R.
    5,6).
    No penalty shall be assessed.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    31—578
    —3—
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    The City of Fairbury is found in violation of
    Rule 5.07(b)
    of the Department of Health’s Rules
    and Regulations and Section 21(b)
    of the Environ-
    mental Protection Act, Rule 301 of Chapter
    7:
    Solid Waste Regulations and Section 21(b)
    of the
    Act and Rule 202(b) (1)
    of Chapter
    7 and Section
    21(e)
    of the Act.
    2.
    Respondent shall comply with all terms of the
    settlement agreement hereby incorporated by
    reference as if completely set forth herein.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certif
    the above Order was adopted on
    the
    4~/~
    day of
    ________________,
    1978
    by a vote
    of
    _____________
    Christan
    L.
    Moffet,lerk
    Illinois Pollution ‘~ontro1Board
    31
    —57
    9

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