stipulation.

ILLINOIS POLLUTION CONTROL BOARD

November

10,

1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

PCB 76—104

D

 & N TRUCKING, INC.,

 an Illinois

)

Corporation,

 DAVID

H.

 THOM,

ROSE K.

 PHILLIPS and DOLORES THOM,

)

Respondents.

Ms. Helga Huber, Assistant Attorney General, appeared on behalf

of the Complainant.

Mr. Arthur Brody appeared on behalf of Rose K.

 Phillips and

Mr.

P.

 Scott Courtir~appeared on behalf of D

 & N Trucking,

 Inc.,

David H,

 Thom and Dolores Thom.

OPINION AND ORDER OF THE BOARD

 (by Dr. Satchell):

This matter comes before the Pollution Control Board

 (Board)

upon a complaint filed by the Environmental Protection Agency

(Agency)

 on April

 16, 1976.

 Subsequently amended complaints

were filed on July

9,

 1976 and August 10,

 1976.

 The second

amended complaint alleges that Respondents

 Mrs.

 Rose K.

 Phillips

and Mrs. Delores Thom

 own and Respondents David H.

 Thom and

D & N operate

 a refuse disposal site located

 in Section 32 of

Township 38 North,

 Range

 8 East of the Third Principal Meridian

in Kane County, Illinois in violation of Rule 202(b) (1)

 of the

Solid Waste Regulations

 (Regulations)

 and Section 21(e)

 of the

Environmental Protection Act

 (Act).

 It was further alleged that

Respondents were issued a development permit on March

18,

1975

after which the conditions thereon were violated

 in violation

of Rule 302 of the Regulations and Section 21(b)

 of the Act;

that Respondents did not deposit all refuse in the toe of the

landfill in violation of Rule 303(a) of the Regulations and

Section

 21(b)

 of the Act;

 that Respondents failed to compact

and spread refuse as rapidly as it was deposited in violation

of Rule 303(b)

 of the Regulations and Section 21(b)

 of the

Act; that Respondents failed to place daily cover, intermediate

cover and final cover in violation of Rules 305(a),

 305(b),

and

305(c) of the Regulations and Section 21(b)

 of the Act;

 that

Respondents failed to limit access

 to the site in violation of

Rule 314(c)

 of the Regulations and Section 21(b)

 of the Act;

and that Respondents failed to provide for concealing sanitary

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landfill operations

 from public view in violation of Rule

314(h)

 and Section

 21(b)

 of the Act.

 Respondent, D

& N

Trucking, was also the Respondent in PCB 74-390 a permit

enforcement case

 on the same site.

A hearing was held on September

29,

 1976 at Geneva,

Illinois.

 At this time a Stipulation and Proposal for

Settlement was presented for the approval of the Board.

No

citizen testimony was given.

The stipulated facts are as follows.

D

 & N Trucking,

Inc.

 is an Illinois corporation doing business

 in Kane County.

Respondent,

 David H.

 Thom,

 is the registered agent and

president of D

 & N Trucking.

 The refuse disposal site in

question is

 approximately thirteen

 (13)

 acres in size and

is

located at U.S.

 Route

 30 and Aibright Road in Montgomery,

Illinois.

D

 & N has operated the site from September 1974

to May

1,

 1976.

 Of the thirteen

 (13)

 acres involved at the

site approximately F~.75acres have been leased from Respondent

Rose K.~ Phillips by both D

 & N and David

 H. Thom under

 a lease

with an expiration date of September

 19, 1976.

 Approximately

4.25 acres o~fthe site are owned by Respondent Dolores Thom.

Residential development exists north of the site and indus-

trial development to the northeast and east.

 The area to

the west and north of the site

 is wooded or used for agri-

 cultural purposes.

On January

16,

 1975 D

 & N applied for a development

permit to operate the site as a landfill accepting heteroge—

neousconstructiOn and demolition wastes.

 On March 18,

1975

D

 & N was issued a development permit with conditions allowing

acceptance of only

 “clean earthen materials, Portland cement,

concrete waste, bricks and mortar and asphaltic concrete waste”

and specifically excluded were “putrescible, combustible,

liquid or metallic wastes.”

 Further permit conditions were

to deposit all wastes at the toe of the fill slope and to in-

stall devices for continuous limitation of site access.

Agency inspectors visited the site on nineteen different

dates from December

 18, 1974 to July

 6, 1976.

 On six dates

from January 21,

 1975 to May 10,

 1976 the Agency sent letters

to D

 & N describing the observed operational deficiencies.

D

 & N made two responses, January 31,

 1975 and March

1,

 1976.

On April

 14, 1975 D

 & N’s engineer requested by letter that

the Agency reconsider the permit conditions.

 The request was

treated

 as an application for a supplemental development per-

mit and was denied by the Agency on April

18,

 1975.

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236

It was further stipulated

that upon the filing of the

complaint settlement discussions were immediately initiated

by D

 & N.

 D & N ceased operating on or about May 1,

 1976.

Since that date the site has been

closed.

D

 N stipulated that the refuse disposal business,

in

fiscal year

 1974, derived a gross income of $146,995.

 There

was no taxable income for that year.

 For fiscal year 1975

D

N~sgross income was

$180,707.

D

N~staxable income

for the same year was

$23,217.

 To perform the work in the

proposed settlement the

estimated cost is between $20,000

and $30,000

if D

 & N performs the work itself.

D

 admits operating its landfill from September 1974

to May 1, 1976 without an operating permit.

D

 N further

stipulates that it has been at all times technically and

economically feasible to follow the conditions of the develop-

ment permit and to comply with Rules 303(a),

 303(b),

 305(a),

305(b),

 305(c), 3l4(~) and 314(h)

 of the Solid Waste Rules.

To remedy this situation the Respondents agreed to cease

and desist use of the site.

 They further agreed to place two

feet or more of finely~grainedearthen material having a per-

meability factor of

I x

~

 cm/sec.

 or less on the area

extending

 380 feet north to south and 300 feet west to east

as outlined on Exhibit

7.

 Finely grained earthen material

having a permeability factor of 7.6 x l0-~cm/sec. may be

used as final cover provided that three feet of material

is

applied.

 At least 18 inches of this final cover will be

applied by November

30,

 1976,

 The remaining cover will be

applied no later than June 30, 1977.

 The entire area will

be graded to eliminate inadequate drainage and alleviate

any

ponding on the site.

It was further agreed by the parties that monitoring

wells

 #1 and #2, located in

 the center and the northeast

portions of the site, respectively, shall be maintained.

Four new monitorinq wells will be installed at designated

sites.

 A representative of the Agency shall be present

during drilling, water level measurement and casing,

A

professional engineer~scertification of the casing head

elevations and water level measurements

 shall be provided

to the Agency.

 The aforementioned well

 #1 and upon comple-

tion four new monitoring wells shall be sampled for the

following parameters:

 pH, aluminum,

copper, nickel, manga-

nese,

and

total dissolved solids.

 Thereafter, these wells

will be

sampled quarterly for

a period of three years com-

mencing from

the date of Board

approval.

 All analysis reports

will be forwarded

to the Agency.

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237

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D

 & N has further agreed to install fencing or gates

at the site to limit access.

The settlement agreement also provides for the issuance

of two performance bonds by

D

 & N within 30 days of

 a Board

order.

 One bond for $45,000

 is to guarantee placement of

cover, grading the site, and installation of the wells.

If

D

 & N completes

 this

 work within 30 days of the order the

bond will not be required.

 The second bond for $5,000

is

to guarantee the performance of the sampling program.

The

Agency shall release 1/3 of the $5,000 each year until the

sampling program is completed.

D

 & N agrees to a penalty of $3,000 for operating with-

out a permit and

 any other violations found based on this

stipulation.

Respondents,

 Rose

K.

 Phillips and Dolores Thom,

 agree

 to permit access

to

 bbs refuse disposal site for the purpose

of completing the as ~sldescribed herein and agree not to

hinder the

perforou.rs~eof such work.

Under

P~ocedural

Rule

333 the Board finds the stipula-

tion acceptable.

 The Board

 finds, based on the stipulation,

that Respondent

I)

 & N Trucking has been in violation of Rule

202(b) (1) of the

 Regulations

 and Section

 21(e)

 of the Act for

operating a refuse

disposal

 site without a permit.

 Exhibits

4-A through 4-V referenced

 into the stipulation on page

3

indicate probable violations of the remaining violations

alleged in the

complaint,

 however, those exhibits are not

stipulated facts.

The

Board dismisses without prejudice the

remaining allegations of the complaint.

 The Board notes that

closing the site

will remedy most of the environmental harm.

The monitoring wells would then be

 an adequate indicator of

the need for further corrective measures.

Respondent David H.

 Thom is dismissed without prejudice

for lack of prosecution.

 Respondents David

 H. Thom,

 Rose

K.

Phillips and Dolores Thom do not admit violations but agree

to be bound by the stipulation.

 Rose K. Phillips and Dolores

Thom are therefore dismissed without prejudice conditioned

upon their compliance with the stipulated agreement.

Respondent D & N Trucking is assessed a penalty of

$3,000

and shall comply with all provisions of the agreement.

This opinion constitutes the Board’s findings of fact

and conclusions of

 law.

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238

—5—

ORDER

It

 is the order of the Pollution Control Board that:

1.

 Respondent D

 & N Trucking is found

 to be in viola-

tion of Rule 202(b) (1)

 of the Solid Waste Regula-

tions and Section

21(e)

 of the Act.

 All other

allegations of the complaint are dismissed.

2.

D

 & N Trucking shall cease and desist all further

violations.

3.

 David H.

 Thorn is dismissed as a respondent without

prejudice.

4.

 Dolores Thom and Rose

K.

 Phillips are dismissed

without prejudice subject

to

their compliance with

the settlemen.t agreement.

5.

 Within 30 days of this order D & N Trucking shall

post two performance bonds,

 a $45,000 bond and a

$5,000 bond,

 in accordance with the stipulated

agreement and this opinion.

6.

D

 & N Trucking,

 Inc.

 shall pay within 35 days of

this order a penalty of $3,000 for the said

violation.

Payment shall be by certified check or money order

payable to:

State of Illinois

Environmental Protection Agency

Fiscal Services Division

2200 Churchill

 Road

Springfield,

 Illinois 62706

7,

 Respondebts shall comply with the water monitoring

and all other provisions of the stipulated

 agreement.

I,

 Christan L. Moffett,

 Clerk of the Illinois Pollution

Control Board, hereby certify the

abovç Opinion and Order were

day of

 1976 by a vote of

Illinois Pollution

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