ILLINOIS POLLUTION CONTROL BOARD
August
4,
1977
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
)
PCB 77—101
BROWNING-FERRIS INDUSTRIES OF
ILLINOIS,
INC.,
a Delaware corporation,
Respondent.
MR. JEFFREY
S. HERDEN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT;
MR. HARVEY M. SHELDON, PLUNKETT, RISEN, ELLIOT
& MAYER, APPEARED ON
BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
This matter comes before the Pollution Control Board
(Board)
upon the April
1,
1977 Complaint of the Attorney General charging
violations of Rules
301 and 306 of Chapter
7:
Solid Waste Regu-
lations and Section 21(b)
of the Environmental Protection Act
(Act)
by Respondent Browning-Ferris Industries of Illinois, Inc.,
(BFI)
a
Delaware corporation licensed and qualified to do business in
Illinois.
A hearing was held on June
15,
1977 and the parties
filed a “Stipulation and Proposal for Settlement” on June 24,
1977.
BFI owns and operates a solid waste landfill site located in
Lake County,
Illinois.
Shortly after operation of the site began
in September
1976
it was discovered that on certain days
litter
was
being carried by the wind onto adjacent agricultural lands
and interfering with the working of those lands.
Rule 306 requires
that all litter at the landfill site is
to be collected by the end
of each day and placed in the fill or stored in a closed container.
BFI in its stipulation admits to a violation of Rule 306 beginning
on or about September
3, 1977 and continuing until the filing
of this complaint, including but not limited to September
3,
1976,
September 12,
1976, September
16,
1976, September 28,
1976,
October 21,
1976, November
5, 1976, November
12,
1976,
December
2,
1976,
December 28,~1976,
January 20, 1977, February 23,
1977,
February
28,
1977
and
March
30,
l3~r.
2!~
iciation of
Rule
306
also
constitutes
a
violation
of
Rule
301
and Section
21(b)
of
the
Act.
In the construction of this landfill site,
BFI
recognized
the
problem of blowing litter and erected
cyclone
fencing at the site.
However, actual wind conditio:’-~soccurring once
the
site became
opera~
tional
were not fully anticipated.
As a result,
BFI
purchased
additional fencing in spring,
1977,
some of which was purchased bethre
this complaint was filed.
Further,
in the ~Stipu1ation
and
Proposed
Sett1ement~, BFI has agreed to take additional measures to control
its blowing litter problem.
First,
B~3I
agrees
to collect the litter
from the site and dispose
of it
properly as
required by Rule 306.
Second, BFI agrees to employ temporary ~elp during periods of high
winds to control blowing litter.
Third,
dPI
will inspect the
adjoining lands and remove any blowing litter.
Finally, BFI will
permit the Mtorney General
to inspect the
site without obtaining
a warrant and will
consider
fully any
written
recommendation by the
Attorney General or the Agency to Install additional fencing.
The Board accepts the “Stipulation
and Proposed Settlement” of
the parties with minor alterations
~nd
finds BFI in violation of
Rules 301 and 306 of Chapter
‘7~
Solid Waste
Regulations and Section
21(b)
of the Act.
The Board
has considered
the Section 33(c)
factors
in assessing a penalty for these
vioLations.
BFI has the burden of
producing evidence concerning these
factors.
Processing and Books, Inc.
v. Pollution Control Board, 64I11.2d68~ 351 N,E.2d 865
(Il1.Sup.Ct.
1976).
Based on the available evidence,
the Board finds that whjle
the landfill site has social and economic ~ia1ueas a solid waste
disposal facility and is suitable to the area
i~iwhich
it is located
the degree of interference to adjoining properties
is substantial
and the technological practicability
and
economic reasonableness of
eliminating the blowing litter problem through the means outlined
in the proposed settlement is beyond doubt.
Based on these factors,
the Board assesses the stipulated
penalty of
$i~000,00,
This Opinion and Order constitutes the findings of fact and
conclusions of law of the Board,
ORDER
It is the Order of the Pollution
Control
Board that:
1)
BFI is in violation of Rules
306 and
301 of Chapter
7:
Solid Waste Regulations and Section
21(b)
of the Act
beginning on or about September
30,
1977 and continuing
through March 30,
1977.
2)
BFI, on each day of operation, shall collect all
litter at the lazidfill site by the end of the working day
and place
it in the fill or
store
it in a covered container.
3)
BFI shall hire temporary help during periods of high
wind to control blowing litter at the landfill site.
4)
BFI shall inspect periodically all properties adjoining
the landfill site for blowing litter and shall, upon permission
of the owner, enter upon these lands and remove all blowing
litter at their expense.
5)
BFI shall permit representatives of the Attorney
General to enter the landfill site for purposes of in-
spection and review during normal working hours without
obtaining a warrant, upon presentation of proper credentials.
6)
BFI shall consider fully any written recommendation
made by the Attorney General or the Agency to install
permanent or portable fencing at the landfill site, and
shall order said fencing for installation or indicate in
writing to the recommending party its reasons for failing
to do so within
30 days of the receipt of the written
recommendation.
7)
BFI shall pay a penalty of $1,000.00 for its violations
of the Act and the Solid Waste Regulations, payable within
14 days from the date of this Order to:
State of Illinois
Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
IT IS SO ORDERED.
I, Christan
1. Moffett, Clerk of the Illinois Pollution Control
Board4 hereby certif
the a ove Opinion and Order were adopted on
the
4*.~
day of
,
1977 by a vote of
~.()
ristan L.
o fe
ler
Illinois Pollutio
ntrol Board