ILLINOIS

POLLUTION CONTROL BOARD

June

22,

1978

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

)

Complainant,

v,

)

PCB

77—313

~1ORBERT

BRACHLE,

Respondent.

STEPHEN

GROSSMAN

and GEORGE TINKHAM, ASSISTANT ATTORNEYS GENERAL,

APPEARED

ON

BEHALF

OF

THE

COMPLAINANT

THOMAS

.MAGDICH,

of

KELLER

AND

MAGDICH,

APPEARED

ON

BEHALF

OF

RESPONDENT.

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Dumelle):

This

matter

comes

before

the

Board

on

the

Complaint of

the

Environmental

Protection

Agency

(hereinafter the

Agency)

filed

November

29,

1977

against

Norbert Brachie

for

violation of

Sections

21(b)

&

(e)

of the Act and Rule

202(a)

of Chapter

7 of

the

Regulations.

The

amended Complaint,

filed

April

5,

1978

al:Leges

additional violations of Rules 301,

303(b),

305(c) and

314(c)

of

Chapter

7.

Hearings were held on March 17, 1978 and

May

17,

1978.

The

parties have agreed to a Stipulation of Facts

and

Settlement

in

this

case which was submitted at the

May

17

hearing.

No

publec

comment was offered at

the

hearings.

I3rachle

is

the

owner of property located

in Amboy,

Illinois,

which

is

used

for

storage of corn cobs for recycling,

and motor

vehicle

repair

and

maintenance.

In addition,

a two acre area on

this

property

has

been used by Brachie and various individuals

other

than

Brachie

for

disposal of refuse including wood, aban-

doned automobiles and metal.

Respondent has not obtained the

Operating

Permit

required for such activity, has not restricted

access

to

the

site,

and has failed to provide a six inch cover

over

the

refuse

3O—5~3

---

The

Agency

became

aware

of

Respondent

s

viola

:ions

on

April

4,

1974.

By

June

21,

1974

Brachie

had

corrected

operational

deficiencies

and

closed

and

covered

the

property

to

the

satisfac-

tion

of

the

Agency.

Inspections

by

the

Agency

on

ten

occasions

after

June

9,.

1975

revealed

continued

violation

ci

the

Act

and

Solid

Waste

Regulations.

Respondent

placed

a

notice

in

a

local

newspaper

that

he

would

r~olonger

permit

Hdumping~ on

his

prop-

erty

but

has

taken

no

other

action

to

restrict

access

to

the

area.

The

Statement

of

Stipulated

Settaement

oy

the

parties

in

this

case

provides

that

Brachie

will

pay

a

stapu1ate~

penalty

of

$1,000.00

for

his

admitted

violation

of

Sections

21(b)

&

~e)

of

the

Act

and

Rules

303(b)

,

305(a)

and

314

(c)

of

Chapter

‘7

of

the

Board

s

Regulations.

Brachie

agrees

to

undertake

a

compliance

program

(Statement

of

Stipulated

Settlement

pp.

7—9)

which

provides

for

immediate

restriction

of

access

no

the

property

and

improvements

to

the

area

used for

dumping

which

include

placement

of at least two

feet

of

cover

material

and

seeding

with

grass.

Compliance

is

to

be

achieved

by June

30.

1978.

In

evaluatinc

this

enforcement

action

and

proposed

settle-

ment,

the

Board

has

taken

into

consideration

all

the

facts

and

circumstances

in

light

of

the

specific

criteria

delineated

in

Section

33(c)

of

the

Act.

The

Board accepts

the

Statement

of

Stipulated

Settlement

and

imposes

the

stipulated

penalty

of

$1,

000,

00

This

Opinion

and

Order

constitute

the

Board

s

findings

of

fact

and

conclusions

at

law

In

this

matter.

ORDER

It

is

the

Order

at

the

Illinois

Pollution

Control.

Board

that:

1

.

Norhern

Brachie

has

violated

Sections

21 (In)

and

21 (e)

of

the

Act

and

Rules

303

(b)

,

305 (a)

and

314 (c)

of

Chapter

7

of

the

Board~s Regulations

from June

9,

1975

until

April

5,

1978.

2.

Within

45

days

of

the

date

of

this

Order,

Norbert

Brachie

shall

pay

the

stipulated

penalty

of

$1,000.00,

ayment

to

he

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—

3.

Norbert Brachie shall comply with all terms and conditions

of the Statement of Stipulated Settlement filed June

5,

which is incorporated by reference as if fully set forth

herein.

I, Christan L~Moffett, Clerk of the Illinois Pollution

Control Board,

herebX certify the above Opinion and Order were

adopted

~

the

~‘~“

day of

~

1978 by a

vote of

b—ti

Q~i?~s;~fr~

b1~L~

Christan L.

Moffe

,

Clerk

Illinois

Pollution

ontrol Board