ILLINOiS
I’: LLUTTON
CONTROL
BOARD
~hsr
10,
1977
~
PNOTECT ION
AGENCY
,
Complainant,
PCE
77-130
LOMAX
CANNING
CD,,
INC.
•
an
Illinois
Corporation,
H’
spondent.
)
~S.
ANNE
A.
CHER,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
~
THE
COMPLAINANT.
MR.
LYMAN
L.
FORT,
OF
FORT
&
FORT.
APPEARED
FOR
THE
RESPONDENT.
OPINION
AND
ORDER
OF
THE
BOARD
(by
Mr.
Werner)
I.
LEGAL
BACELLOUND
This
matter
comes before the Board upon the
May
12,
1977
Complaint
of
the
Environmental
Protection Agency
(Agency)
charging
Lornax
Canning
CoO,
Inc.
(Lomax)
,
an Illinois corporation, with
violations
of
Section
305(e)
of
Chapter
7:
Solid Waste
Regulations
(Chapter
7)
and Section
21(b)
of the Environmental
Protection
Act.
~(Act), A hearing was held on October
20,
1977.
The
parties
filed
a Stipulation and Proposal for Settlement
on October
12,
1977.
II,
FACTUAL BACKGROUND
bc~j an i
eq
scrnot:i.me
before
March
13,
1975,
Lomax
has
owned
a
:~~~:LyI
ny
f era
field
containing
a
pond
located
in
Lomax,
Henderson
County,
Illinois.
Lloyd
Sparrow,
an
agent
and
employee
of
Lomax,
had
physical
control
over
the
property
until
his
death
on
Marc~h 13,
1975,
At
that
time
Lomax
assumed
direct
physical
control
over
the
site.
Since
at
least
1972,
end
continuing
until
January
23,
1974,
the
pronerty
has
been
used
for
random
dumping
of
automobiles
and
other
refuse
by
the
public.
Lomax
has
never
used
the
property
for
disposal
of
its
own
refuse
(R.6,8),
This refuse was not removed
from
the
pond~~
compacted,
and
covered
with
a. suitable final
cover
until
after
the
filing
of
this
Complaint.
28-153
Lomax admits,
in
ie
~ipu1a~ton,
of causing or
allowinç
the
operation of a sanitar~~
la~ta~lin violation of
Rule
305(c)
of Chapter
7 and Secr~
b
of the
Act.
III. STIPULATION
SETTLEMENT
In
the
Stipulation
and Propo~rI for
Settlement,
Lomax
agrees to comply with
the sanitary landfill
closure requirements
contained in Rule 318
of
Chapter
In
addition,
Lomax
agrees
to
pay
a
penalty
of $500.00.
The Board accepts the
Stipuia~ion and
Proposal
for
Settlement filed by
the
parties
ri
finds
Lomax
in violation
of Rule
305(c)
of Chapter
7 and c~~ction21(b)
of the Act.
The Board assesses
the stipulat’~r enalty
of
$500.00.
This Opinion and
Order co’~
and
conclusions
of
law
of
the
S
It
is the Order of the
Po11u~~
1.
Lomax
is
in
violation of
and
Section
21(b)
of
the Act
sincE.
‘ites the
findings of fact
atrol Board
that:
~1e 305(c)
of
Chapter
7
‘arch
13,
1975.
2.
Lomax shall pay the sum of $500.00
as a
penalty
for
the aforesaid violations,
payment to be made
within 30 days of
the date of this
Order
by certified check or
money order to
State of
Illinois
Fiscal
Services DivIsion
Illinois
Environmental
Protection
agency
22000 Churchill
Road
Springfield,
Illinois
62706
3.
Lomax
shall
comply with cli terms and
conditions
of
th~
StipulaLion
and
Proposal
for Settlement filed
October
12,
1977,
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 anove
Opinion
a
d
Order were
adopted on the
_____
____
day of
7) c
byavoteof~~
,
1977
Illinois
Polluti
ntrol
Board