ILLINOIS POLLUTION CONTROL BOARD
    June 22,
    1978
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 77—295
    CLARK WOCKNER,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by
    Dr.
    Satchell):
    On November 15,
    1977 the Environmental Protection Agency
    (Agency)
    filed a complaint alleging that Respondent operates a
    solid waste management site located approximately one mile
    southwest of Iroquois,
    Iroquois County,
    Illinois,
    in the
    Northwest Quarter of Section 22, Township 27 North, Range 11 West
    of the Second Principal Meridian and that since August
    30, 1975
    Respondent has failed to submit water sample analyses
    in
    violation of Special Permit Condition No,
    2 and Rules 301,
    302
    315,
    317 and 212 of Chapter
    7:
    Solid Waste Regulations.
    A
    hearing was held in this matter on March 31,
    1978
    at which time
    a stipulated settlement was presented for the Board~s acceptance.
    There was no public comment or testimony.
    The stipulated settlement provides as follows.
    From
    August 20, 1975 to December 1976 Respondent,
    Clark Wockner,
    operated the site in question.
    In April 1977 Mr. Wockner applied
    final cover.
    Mr. Wockner was issued an operating permit for the
    site on August 20,
    1975.
    As
    a condition of his permit,
    Respondent
    was to provide quarterly monitoring
    from two wells.
    Respondent
    has failed to provide the required monitoring reports.
    This
    failure was because the monitoring wells were dry.
    This fact
    was not brought to the Agency~s attention until after this action
    was brought.
    At the present time a well does not exist at the location of
    Boring B-2.
    A monitoring well is needed at this location in
    order to sample the background condition of ground water entering
    the area of the landfill,
    Respondent agrees to dig a monitoring
    well by June 15, 1978 in the area of Boring B-2.
    Respondent
    further agrees
    to submit water sample analyses as required in
    Special Condition No.
    2 of his permit.
    If at any time no water
    sample can be obtained the Respondent shall notify the Agency.
    ~4r.Wockner agrees to file a detailed description of the site
    including a plat, with the appropriate county land recording
    authority
    in Iroquois County as required by Rule 318(c)
    of
    Chapter
    7.
    Respondent further agrees to deepen the monitoring
    well at Boring B—5 to a depth of at least 29 feet below the
    ground surface
    in accordance with the plans submitted with his
    application for an operating permit.
    3O-~5~
    —2
    —
    Mr. Wockner did not receive communications from the Agency
    concerning this matter because of
    a change in address.
    He
    learned of the problem after the suit was brought.
    The parties
    agreed that considering the nature of the violation and
    Mr. Wockner~swillingness to achieve compliance and his failure
    to receive notice of problem that no penalty is appropriate.
    The Board finds that this stipulated settlement
    is acceptable
    under Procedural Rule
    331.
    The Board does find Respondent
    in
    violation of Special Condition No.
    2 and Rules
    301,
    302,
    315
    and 317 of Chapter
    7.
    The allegation of violation of Rule 212 of
    Chapter
    7
    is dismissed.
    The Board further finds that under
    Section 33(c)
    of the Act that no penalty is appropriate.
    ORDER
    It is the order of the Pollution Control Board that:
    1.
    Clark Wockner is found in violation of Rules 301,
    302,
    315 and 317 of Chapter
    7:
    Solid Waste
    Regulations.
    The allegation of violation of Rule 212
    is dismissed.
    2.
    Respondent shall comply with all terms of the
    stipulated settlement as
    if completely set forth
    herein.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control B,y~rd~hereby certify the above Order was ad~ted on
    the
    ,~l
    day of
    ~
    1978 by a vote of
    -
    0
    Illinois Pollution
    9

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