ILLINOIS POLLUTION CONTROL BOARD

August 18,

1977

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 77—55

VILLAGE OF ODELL,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

This matter comes before the Pollution Control Board

(Board)

upon the February

18,

1977 Complaint of the Environmental Protection

Agency

(Agency)

against Respondent the Village of Odell

(Odell),

charging violations of Rule 202(b) (1)

of Chapter

7:

Solid Waste

Regulations and Section 21(e)

of the Act.

A hearing was held

on

May 11,

1977 and the parties filed a Stipulated Statement of Facts

and Proposed Settlement on May 16,

1977.

Odell, an incorporated village,

has operated a solid waste

management site located in Odell Township, Livingston County,.

Illinois which covers approximately one

acre.

Under Rule 202(b) (1)

of Chapter

7:

Solid Waste Regulations, the

operating of such

facilities after July 27, 1974 requires an operating permit issued

by the Agency.

Without having obtained an operating permit, Odeil

operated its solid waste management site

after July 27,

1974,

in-

cluding but not limited to August

12,

1974, November

7,

1974, June

14,

1976 and September

29,

1976.

Odeli ceased operations after

receiving notice of this Complaint and later closed the site with

two feet of compacted cover which was properly contoured and seeded,

After operations ceased,

solid waste from the Village has been placed

in a

roll-off located at this site, and Odell has made arrangements

to have full roll—offs removed and replaced as needed.

Odell, in its stipulation, admits having operated its solid

waste management site without an operating permit in violation of

~

~

~7-5~7

---

Rule 202(b) (1)

of Chapter

7:

Solid Waste Regulations and Section

21(e) of the Act.

Odell agrees to cease and desist from operating

this facility without an operating permit.

The

Board accepts the stipulation and settlement of the parties

and finds Odell

in violation of Rule 202(b) (1)

of Chapter

7:

Solid

Waste Regulations and Section 21(e)

of the Act.

The Board has con-

sidered the Section 33(c)

factors

(character and degree of injury,

social and economic value of the pollution source, suitability of

the pollution source to the area and technological practicability

and economic reasonableness of abatement)

in reaching its decision.

Odell has the burden of producing evidence concerning the factors.

Processing and Books,

Inc.

v. Pollution Control Board,

64 Ill.2d

68,

351 N.E.2d

865

(Ill. Sup. Ct,

1976).

Based on the evidence

presented, the Board imposes the stipulated penalty of $250.00

for

Odell

s violations.

This Opinion constitutes the Board~sfindings of facts and

conclusions of

law.

ORDER

It

is the Order of the Pollution Control Board

that:

1.

Odell is in violation of Rule 202(b) (1)

of Chapter

7:

Solid Waste Regulations and Section 21(e)

of the Act.

2.

Odell shall

cease and desist from operating its solid

waste management site without an operating permit

issued by

the Agency.

3,

Odell shall pay a penalty of $250.00 for

its violations,

payment

to be made within 35 days of the date

of

this Order

by certified check or money order to:

State of Illinois

Fiscal Services Division

Illinpis Environmental Protection

Agency

2200 Churchill Road

Springfield, Illinois.

62706

-28~=~338

---

—3—

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certif

the a ove Opinion and Order were adopted on

the

~

day of

,

1977 by a vote of

~

-

Christari L. Moff~

,

Clerk

Illinois Pollutlo

ontrol Board