ILLINOIS POLLUTION CONTROL BOARD
    October
    19,
    1978
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 78—46
    )
    ROBERT W.
    GOOLEY,
    )
    )
    Respondent.
    MR.
    JEFFREY
    S.
    HERDEN,
    ASSISTANT
    ATTORNEY
    GENERAL,
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    MR.
    HOWARD
    BERLAND,
    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
    February
    16,
    1978
    Complaint brought by the Illinois Environmental Protection Agency
    against Robert W. Gooley, Gerald W. Menke d/b/a Menke Sewer
    Service Company, and Winfield A. Gustafson d/b/a G
    & L Septic Tank
    Service Company.
    Count
    I of this Complaint alleged that Respondent
    Robert W. Gooley had violated Rules 202(a),
    301,
    310(b)
    and 314(c)
    of
    Chapter
    7:
    Solid Waste Regulations and Section 21(b)
    and
    Section 21(e)
    of the Illinois Environmental Protection Act.
    Count
    II
    of the Complaint alleged that Gerald
    W.
    Menke, d/b/a
    Menke Sewer Service Company, had violated Section 21(f)
    of the Act.
    Count III of the Complaint alleged that Winfield A. Gustafson,
    d/b/a
    G
    & L Septic Tank Service Company, had violated Section
    21(f)
    of the Act.
    On April 28,
    1978,
    the Agency filed a Motion to
    Dismiss
    without prejudice the Respondents Gerald W. Menke d/b/a
    Menke Sewer Service Company and Winfield A. Gustafson d/b/a
    G
    & L
    Septic Tank Service Company from the case.
    On May 11,
    1978,
    the
    Board granted the Agency’s motion and dismissed Respondents Menke
    and Gustafson from the case.
    A hearing was held on June 13,
    1978.
    The
    parties
    filed
    a Stipulation and Proposal for Settlement
    on
    June 16,
    1978.
    The stipulated background facts indicate that the Respondent,
    Robert
    W.~-Gooley
    (“Gooley”),
    owned a parcel of real estate
    located in Kane County, Illinois until May 12,
    1977, when equitable
    title
    passed
    to
    a contract purchaser.

    —2—
    Prior to May 12, 1977, certain portions of the site were
    used as a landfill.
    Gooley accepted garbage, institutional and
    commercial refuse, wood and landscape wastes,
    as well as some
    liquids and sludges.
    The exact quantity of refuse accepted is
    unkno~n,since no records were kept indicating quantity of refuse
    received.
    The Agency first inspected the site on February 11,
    1975.
    Additional inspections took place on March 19,
    1975, July 29,
    1975,
    April 26,
    1976, April 28,
    1976, May 26,
    1976 and September 21,
    1977.
    These inspections indicated that:
    (1) refuse deposited at the site
    was not being spread and compacted as rapidly as it was deposited;
    (2) daily and final cover had not been applied;
    (3) liquid wastes
    and sludges had been accepted;
    (4) the property lacked fencing,
    gates
    or other measures to control access to the site;
    and
    (5)
    no
    operating permit had been obtained.
    The Agency advised Gooley of its findings shortly after each
    inspection.
    Gooley indicated his willingness to properly close
    and cover the site,
    but took no action to implement his intentions.
    Prior to May 12,
    1977,
    Gooley had been involved in negotiations
    for the
    sale
    of the property encompassing the site with Burnidge
    Brothers-Almora Heights,
    Inc.,
    (“Burnidge Brothers”)
    a Delaware
    corporation and an Elgin,
    Illinois land developer.
    These
    negotiations proved successful,
    and Burnidge Brothers
    is now the
    contract buyer of the Gooley property.
    The parties have stipulated that Burriidge Brothers has no
    responsibility or liability for the violations which occurred on
    the Gooley property and that Gooley has no present authority to
    enter upon the site to correct past violations.
    (Stipulation,
    p.
    3; Record,
    p.
    6).
    However, Burnidge Brothers voluntarily
    agreed to remedy the situation.
    At the hearing,
    the Assistant
    Attorney General stated that Agency investigators had visited the
    site on June 12,
    1978 and indicated that Burnidge Brothers had
    already placed “at least
    2 feet of final cover on portions of the
    Gooley property that had been used as
    a landfill.”
    (R.
    3).
    The Agency
    has
    contended that the stipulated background facts
    show that the Respondent, Robert W. Gooley,
    has:
    (1) operated the
    site without a permit,
    in violation of Rule 202(a)
    of the Solid
    Waste Regulations and Section 21(e)
    of the Act;
    (2)
    not performed
    the requirement of Solid Waste Rule 303(b),
    in that refuse was not
    spread and compacted as rapidly as it was deposited, in violation
    of Solid Waste Rule 301 and Section 21(b)
    of the Act;
    (3)
    not
    performed the requirements of Solid Waste Rules 305 (a)
    and 305 (c),
    in that daily and final cover were not applied in violation of
    Rule 301 of the Regulations and Section 21(b) of the Act;
    31—654

    —3—
    (4) not performed the requirement of Solid Waste Rule 310(b),
    in
    that liquid wastes and sludges were accepted at the landfill,
    in
    violation of Solid Waste Rule 301 and Section 21(b)
    of the Act;
    and
    (5) operated the site without providing fencing,
    gates or
    other
    measures to control access to the site,
    in violation of
    Solid Waste Rule 314(c)
    and Section 21(b) of the Act.
    The Respondent,
    Robert W.
    Gooley, has admitted these
    violations of the Board’s Solid Waste Regulations and the Act.
    Accordingly, as a result of settlement discussions between the
    Agency and the Respondent,
    the parties have filed a Stipulation
    and Proposal for Settlement.
    Basically,
    the
    settlement
    agreement
    provides that the Respondent shall:
    (1)
    cease and desist from
    further violations of the Board’s Solid Waste Regulations and the
    Illinois Environmental Protection Act; and
    (2) pay a
    stipulated
    penalty of $500.00
    .
    The agreement also states that “Burnidge
    Brothers,
    not
    a
    party
    to
    this
    action,
    has undertaken to properly
    close and cover the site.
    Burnidge Brothers will do all things
    necessary to comply with the cover requirements of Rule 305(c)
    of
    the Regulations, and the monitoring and filing requirements of
    Rule 318.”
    (Stipulation,
    p.
    5).
    The purpose
    of
    this
    provision
    is
    to minimize the threat of any potential environmental problems
    which may occur at the site.
    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
    Respondent
    Robert
    W.
    GQoley
    in
    violation
    of Rules 202(a),
    301,
    303(b),
    305(a),
    305(c),
    310(b)
    and 314(c)
    of
    Chapter
    7:
    Solid Waste Regulations and Section 21(b)
    and Section
    21(e)
    of
    the
    Illinois
    Environmental
    Protection
    Act.
    The
    Board
    imposes the stipulated penalty of $500.00
    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.
    Respondent Robert W. Gooley has violated Rules 202(a),
    301,
    303(b),
    305(a),
    305(c),
    310(b) and 314(c)
    of Chapter
    7:
    Solid Waste Regulations and Section 21(b)
    and Section 21(e)
    of
    the Illinois Environmental Protection Act.

    —4—
    2.
    Within 35 days of the date of this Order,
    Respondent
    Robert W. Gooley shall pay the stipulated penalty of $500.00
    payment to be made by certified check or money order to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Chu~chi1lRoad
    Springfield,
    Illinois
    62706
    3.
    Respondent Robert W. Gooley shall comply with all the
    terms and conditions of the Stipulation and Proposal for
    Settlement filed June 16,
    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
    /~‘
    day of ~
    ,
    1978 by a
    vote of
    ‘/-~
    QAL~ ~
    Christan L.
    Moffet,L
    ~erk
    Illinois Pollution
    6~trolBoard
    31~6

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