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.
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—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