ILLINOIS ~~OLLUTION CONTROL BOAPJ.
    ub~r
    13,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB
    75-~-472
    WESTERN
    RECREATIONAL
    PROPERTIES,
    )
    INC.,
    an Illinois corporation,
    Respondent.
    OPINION Z~NDORDER OF THE BOARD
    (by Dr. Satchell):
    The original complaint in
    thi.s case was filed on Decem—
    ber 15,
    1975 by the Illinois
    Erivi. unrnental Protection Agency
    (Agency).
    Subsequently two amended complaints were filed on
    January 19,
    1977 and March
    22, i~77. The third amended com-
    plaint alleged several violations of Sections 21(a)
    and 21(b)
    of the Environmental Protection Act
    (Act)
    and of Rules 305(a),
    305(c),
    and 314(c)
    of the Chapter
    7:
    Solid Waste Regulations
    (Regulations).
    Testimony was taken on December
    28,
    1976;
    however, this hearing was continued.
    On three other dates,
    March
    8, 1977, May 5,
    1977, and June
    9,
    1977 the parties met
    for hearings.
    No testimony or public comment was given on
    these three dates.
    At the June
    9, 1977 hearing a stipulation
    and a proposal for settlement was presented for Board approval.
    The stipulation provides the following factual background.
    At all times pertinent Chicago Title and Trust Company, a/t/u
    Trust No.
    61144, has been the legal owner of a parcel of land
    located
    in Sections
    4 and 9, Township
    32 North, Range
    3 East,
    in the County of Will,
    Illinois.
    Respondent, Western Recrea-
    tional Properties
    (Western)
    at all times pertinent hereto has
    been the beneficial owner of the site,
    as sole beneficiary of
    Trust No.
    61144.
    Western was a corporation organized and
    existing under the laws of the State of Illinois until Decem-
    ber 2,
    1974, when it was involuntarily dissolved.
    Western was
    reinstated as
    a corporation on February
    2,
    1977.
    The site is
    located in an area that
    is primarily undeveloped.
    The city of
    Braidwood,
    Illinois is located approximately one—half mile from
    the site and there are scattered residences near the site.
    28-5

    —2—
    Various inspection reports by the Agency and photo-
    graphs taken by Agency personnel and representatives of the
    Will County Health Department are attached to the stipula-
    tion as exhibits.
    These cover a time period from February
    13,
    1974 to September 14, 1976.
    At no time has Western or any officer, agent or employee
    thereof dumped, caused to be dumped, or authorized the dumping
    of garbage or refuse at the site.
    The site has been posted
    with no dumping and no trespassing signs
    since the summer of
    1973, and additional signs were placed at the site in Septem-
    ber, 1974.
    All garbage and refuse present at the site has
    been placed there without the authorization or approval of
    Western.
    However, Western has allowed the dumping of refuse
    and garbage at the site by failing to limit access thereto.
    Western has no other assets than the subject site.
    The parties further stipulated that on each day since
    July 27,
    1973, Western has allowed the open dumping of garbage
    and refuse in violation of Sections
    21(a)
    and 21(b)
    of the Act;
    that on each day since July 27, 1973,
    Western has allowed the
    operation of a refuse disposal site without providing fencing,
    gates or other measures adequate to control access to the site
    in violation of Rule
    314(c)
    of the Regulations and Section 21(b)
    of the Act; that on each day since July 27,
    1973, Western has
    failed to place
    a compacted layer of not less than six inches
    of cover material on all exposed refuse at the site in viola-
    tion of Rule 305(a)
    of the Regulations and Section 21(b) of
    the Act; and that on each day since July 27,
    1973 Western has
    failed to place a compacted layer of not less than two feet of
    cover over the entire surface of the final lift of the site
    within sixty days following the placement of refuse in said
    final lifts
    in violation of Rule 305(c)
    of the Regulations and
    Section 21(b)
    of the Act.
    The parties agree that the accumulation of refuse at the
    site is due primarily to the accessibility of the site to car
    and truck traffic.
    To the knowledge and belief of the parties,
    the sole injury to, or interference with the protection of the
    health, general welfare and physical property of the people is
    as set forth in the stipulated facts.
    Complainant and Western
    agree that it is technically feasible and economically reasonable
    to limit access to the site and to close the site in conformance
    with the Act and the Regulations.
    28-6

    —3—
    The stipulation provides a plan to bring the site into
    compliance which includes
    (among other steps):
    the site will
    be properly covered, graded and seeded by September
    1,
    1977;
    within three weeks
    of Board acceptance of this stipulation
    access of the site will be limited by the use of utility poles
    or railroad ties,
    cable and barbed wire fencing; upon completion
    of closure Western shall file a detailed description of the
    site, including
    a plat, with the Will County Recorder of Deeds;
    and Western will submit monthly progress reports to the Agency
    as well as give notice of final closure within a week thereof.
    Western also agrees to pay a penalty of $200 for the admitted
    violations.
    The Board finds the proposed stipulation and settlement
    agreement acceptable under Procedural Rule 331.
    Respondent
    is found to have been in violation of Sections 21(a)
    and 21(b)
    of the Act; Rule 314(c)
    of the Regulations and Section 21(b)
    of the Act; and Rules 305(a)
    and 305(c)
    of the Regulations and
    Section 21(b)
    of the Act.
    The stipulation provides sufficient
    information relating to Section 33(c)
    of the Act.
    A penalty
    of $200 will be assessed.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the order of the Pollution Control Board that:
    1.
    Respondent, Western Recreational Properties,
    Inc.,
    is found to have been in violation of
    Sections
    21(a)
    and 21(b)
    of the Environmental
    Protection Act; Rule 314(c)
    of the Chapter
    7:
    Solid Waste Regulations and Section
    21(b)
    of the
    Act; and Rules 305(a)
    and 305(c)
    of the Regula-
    tions and Section 21(b)
    of the Act.
    2.
    Respondent shall undertake the plan outlined
    in the settlement proposal to come into compliance
    with the Rules and Regulations.
    The compliance
    plan is incorporated into this order by reference
    as if it were fully set out herein.
    3.
    Respondent shall pay a penalty of $200 within 35
    days of this order.
    Payment shall be by certified
    check or money order payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    28-7

    —4—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above1 Opinion and Order
    were adopted on the
    f~~’
    day of
    ~
    1977 by
    a
    vote of
    ___________
    Christan
    L. Moffètt,
    Illinois Pollution Co
    I Board
    28-8

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