ILLINOIS POLLUTION CONTROL BOARD
    April
    2
    ,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 75—359
    VILLAGE OF WINSLOW,
    an Illinois
    municipal corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This case arises out of a Complaint filed by the
    Environmental Protection Agency
    (Agency) on September
    11,
    1975,
    alleging that Respondent Village of Winslow
    (Winslow)
    operated a solid waste management site in Stephenson County
    from July
    27, 1974 without an operating permit in violation
    of Rule 202(b) (1) of the Illinois Pollution Control Board
    Rules and Regulations,
    Chapter
    7:
    Solid Waste
    (Regulations)
    and in violation of Section
    21(b)
    and Section
    21(e)
    of the
    Environmental Protection Act,
    Ill. Rev.
    Stat.
    Ch.
    111 1/2
    ~1028
    (1973)
    (Act)
    .
    A hearing was held
    in Freeport,
    Illinois
    on October
    28, 1975 at which time
    a draft Stipulation and
    Proposal for Settlement
    (Stipulation) was read into the
    record.
    A fully executed Stipulation was filed with the
    Board on December
    10, 1975 and
    is found adequate under Rule
    333 of our Procedural Rules
    (EPA
    v.
    City of Marion,
    1 PCB
    591).
    Winslow
    (population approximately 360) operates a refuse
    disposal site in the flood plain of the east branch of the
    Pecatonica River which accepts approximately
    20 to 24 yards
    of garbage, domestic wastes,
    landscape wastes and demolition
    materials per week
    (Stip.
    p2).
    The parties stipulate that Winslow has operated the
    refuse disposal site without an operating permit as alleged
    (Stip.
    p3)
    and agree to payment of a penalty of $100.00 there—
    for;
    and,
    in addition,
    that Winslow apply for the requisite
    permits within
    30 days and to cease operation of the site
    within 120 days unless an operating permit is issued by the
    Agency or a variance granted
    by the Board
    (Stip.
    p4).
    The
    parties further stipulated
    that future operations, pending
    permit or variance,
    shall be conducted in compliance with
    Rules
    303 through
    314 of the Requlations
    (Stip. p5).
    —2—
    On the basis of the above facts and the Stipulation,
    which constitutes the entire record in this case, we find
    that Respondent Winslow did violate Rule 202(b) (1)
    of the
    Regulations and Section
    21(e)
    of the Act from July 27,
    1974
    until September
    11,
    1975,
    in the operation of
    its refuse
    disposal site.
    We further find that the stipulated settle-
    ment of $100.00 constitutes
    a reasonable penalty for these
    violations.
    That portion of the Complaint alleging violation of
    Section 21(b)
    must be dismissed.
    Section 21(b)
    reads:
    (No person shall) Cause or allow the
    open dumping of any other refuse in
    violation of regulations adopted ~
    the Board.
    Emphasis
    added.
    An indispensable element of a charge alleging violation
    of Section
    21(b)
    is the element setting forth
    the specific
    regulation allegedly violated.
    This regulation must relate
    to the manner or method
    in which the disposal site is
    operated.
    Since no regulatory violations were alleged in
    the charge excepting the permit violation,
    the Complaint
    is therefore defective
    as it concerns the alleged Section
    21(b)
    violation.
    As was held in E
    & E Hauling, PCB 74—473,
    16 PCB 215
    (1975),
    a Section
    21(b)
    open dumping charge is
    not properly based on an operating permit violation.
    This Opinion constitutes
    the findings of fact and con-
    clusions of law of the Board in this matter.
    ORDER
    IT
    IS
    THE
    ORDER OF THE BOARD that:
    1.
    Respondent Village of Winslow
    is found to have operated
    its refuse disposal site in violation of Rule 202(b) (1)
    of the
    Board’s Solid Waste Regulations and Section 21(e)
    of the
    Environmental Protection Act and shall pay
    a penalty of
    $100.00
    for such violations.
    Penalty payment by certified check or
    money order payable to the State of Illinois shall be made
    within
    35 days of this Order to:
    Fiscal Services Division,
    Illinois Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois,
    62706.
    2.
    Respondent Village of Winslow shall apply for a solid
    waste management site operating permit from the Environmental
    Protection Agency within
    30 days of the date of this Order.
    3.
    Respondent Village of Winslow shall cease and desist
    from operating its refuse disposal site within 120 days of
    the date of this Order unless the requisite permit is issued
    by the Agency, or a variance applied for and granted by the
    Board.
    21—70
    —3—
    4.
    Respondent Village of Winslow shall, during the
    period of application for a permit and/or variance, operate
    its refuse disposal site in compliance with Rule
    303 through
    314 of the Board’s Solid Waste Regulations.
    5.
    The portion of the Complaint alleging violation of
    Section
    21(b)
    of the Act is dismissed.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certi~fjthe above Opi ion and Order
    were adopted on the
    ~‘
    ‘day of
    __________________,
    1976
    by a vote of
    ________
    ~
    Illinois Pollution
    rol Board
    21—71

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