ILLINOIS POLLUTION CONTROL BOARD
    October 4,
    1978
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    PCB 78—68
    )
    JOHN
    HARTMAN,
    )
    Respondent.
    MR.
    DEAN
    HANSELL,
    ASSISTANT ATTORNEY
    GENERAL,
    APPEARED
    ON
    BEHALF
    OF THE
    COMPLAINANT.
    MR.
    ROBERT
    E.
    NELSON, ATTORNEY 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 March 13,
    1978
    Complaint brought by the Illinois Environmental Protection Agency
    which alleged that,
    from March
    19, 1976 until March
    13,
    1978,
    John Hartrnan operated a solid waste management site without an
    Agency Operating Permit in violation of Rule 202(a)
    of Chapter 7:
    Solid Waste Regulations and Section 21(e)
    of the Illinois
    Environmental Protection Act.
    A hearing was held on June
    16,
    1978.
    The parties filed a Stipulation and Proposal for Settlement on
    June 21,
    1978.
    The Respondent is the record title owner of real estate in
    Aurora Township, Kane County,
    Illinois.
    During the time period
    between March 19,
    1976 and March 13, 1978 (including, but not
    limited to, the dates of May 19,
    1976, August 25,
    1976,
    September 29, 1976 and January
    5,
    1978),
    the Respondent has
    accepted material such as broken concrete, broken blacktop,
    gravel,
    sand and clean fill on his property.
    On August
    8, 1976; September 29,
    1976;
    and November
    8,
    1976,
    the Respondent was informed either by letter or orally by Agency
    representatives that an Operating Permit was needed for the site
    in question.
    However,
    the Respondent did not apply for or receive
    an Operating Permit to operate the solid waste management site.
    31~5~
    —2—
    After the Agency filed its Complaint against the Respondent,
    the parties engaged in settlement discussions and filed a
    Stipulation and Proposal for Settlement.
    This settlement agreement
    provides that the Respondent shall:
    (1) place final cover on the
    site by October
    31,
    1978
    (the cover material must be free of
    objects which would hinder compaction or support vector habitation);
    (2)
    restrict access to the land by blocking all entrances and
    taking reasonable steps to discourage others from entering the land
    for the purpose of dumping;
    (3)
    fully comply with the completion
    or closure requirements of the Board’s Solid Waste Rule 318; and
    (4) pay a stipulated penalty of $300.00
    In evaluating this enforcement action and proposed settlement,
    the Board has taken into consideration all the facts and circurn-
    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. ~79~
    (1974).
    Accordingly,
    the Board accepts the Stipulation and Proposal
    for Settlement and finds John Hartman in violation of Rule 202(a)
    of Chapter 7:
    Solid Waste Rules and Regulations and Section 21(e)
    of the Illinois Environmental Protection Act from March 19,
    1976
    until March 13,
    1978.
    The Board imposes
    the stipulated penalty
    of $300.00
    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.
    John Hartman has violated Rule 202(a)
    of Chapter
    7:
    Solid Waste Rules and Regulations and Section 21(e)
    of the Illinois
    Environmental Protection Act from March 19,
    1976 until March 13,
    1978.
    2.
    Within 35 days of the date of this Order,
    John Hartmnan
    shall pay the stipulated penalty of $300.00
    ,
    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
    _
    a
    i1~5~4
    —3—
    3.
    John Hartman shall comply with all the terms and
    conditions of .the Stipulation and Proposal for Settlement filed
    June 21,
    1978, which is incorporated by reference as if fully set
    forth herein.
    IT IS SO ORDERED.
    Mr.
    Goodman abstains.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, he9by certify the above Opinion and Order were
    adopted on, the
    ~1
    day of
    ~
    1978 by a
    vote of
    4”—ô
    Christan L. Mof
    ~
    Clerk
    Illinois Pollution Control Board

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