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

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