ILLINOIS POLLUTION CONTROL

BOARD

May

6

,

1976

ENVIRONMENTAL PROTECTION

1

)

)

Complainant,

V.

)

PCB 76—20

GOODER-HENRICHSEN COMPANY, INC.,

)

an Illinois Corporation,

)

Respondent.

Mr.

James L. Dobrovolny, Assistant Attorney General, appeared

for Complainant.

Mr. Richard A.

Zachar appeared for Respondent.

OPINION AND ORDER OF THE BOARD

(by Dr. Satchell):

This matter comes before the Board upon

a complaint filed

January

21,

1976 by the Environmental Protection Agency.

The

complaint alleges the Gooder-Henrichsen Company,

Inc.

owns

a solid waste disposal site located adjacent to State Street,

north of Sauk Trail Road in Chicago Heights, Illinois.

The

complaint further alleges that Respondent has failed to place

final cover in violation of Rule 305(c)

of the Solid Waste

Regulations and Section 21(b)

of the Act; and that Respondent

has failed to file a detailed description of the site upon

completion in violation of Rule 318(c) of the Solid Waste

Regulations and Section 21(b)

of the Act.

A hearing was held February 23, 1976 in Chicago Heights,

Illinois.

At that time a Stipulation and Proposal for Settle-

ment was submitted.

There was no testimony given.

The facts agreed on are as follows.

Gooder—Henrichsen

Company has

a manufacturing facility at the aforementioned

location in Chicago Heights.

A portion of a quarry extends

into this property.

Respondent has used this quarry for the

dumping of its own refuse and has permitted the dumping of

solid refuse into the quarry by its employees.

From time

to time other persons, without permission of Respondent, have

dumped solid refuse into the portion of the quarry that extends

into the property.

On or about May

1,

1974 Respondent ceased

all dumping of refuse into the quarry and has refused to

permit others from so using the quarry.

Sixty days after

21—355

---

—2—

ceasing use of the quarry final cover had not been placed

on the site as required by Rule 305(c)

of the Solid Waste

Regulations.

Respondent has also failed to file a detailed

description of the site,

including a plat, with the

appropriate land recording authority for the county in

which the site is

located as required by Rule 318(c)

of the

Solid Waste Regulations.

Respondent admits to violations

of these two regulations.

At the insistence of the Agency, Respondent has applied

final cover.

Prior to the filing of the complaint in this

case Respondent had made arrangements with a private con-

tractor to apply final cover to the site.

This was applied

on or about February 20,

1976.

Gooder-Henrichsen has agreed that within thirty days

of approval of the Board that a detailed description of the

site, including the plat will be filed with the Cook County

Recorder’s Office.

Respondent has also agreed to pay a

penalty of $850 for the aforesaid violations.

The Board finds the Stipulated Agreement to be

acceptable under Procedural Rule 333.

The Board finds the

Gooder-Henrichsen Company in violation of Rule 305(c)

of

the Solid Waste Regulations and Section 21(b)

of the Act.

The Board cannot find a violation with respect to Rule

318(c)

of the Solid Waste Regulations.

Rule 318(c)

calls

for the filing of a plat upon completion or closure of the

site.

The site in question was not in violation until final

cover was placed on or about February 20,

1976; therefore

Respondent could not have been in violation of Rule 318(c)

at the time of the filing of the complaint.

The allegation

of violation of Rule 318(c)

is dismissed.

The delay from May

1, 1974 to compliance which

is not

yet complete

is lengthy, but absent apparent environmental

damage the penalty is adequate.

Gooder—Henrichsen is assessed

a penalty of $850 to be paid within thirty days of this order.

This constitutes the Board’s findings of facts and

conclusions of law.

ORDER

It is the order of the Pollution Control Board that:

1.

Gooder—Henrichsen was in violation of Rule 305(c)

of the Solid Waste Regulations and Section 21(b)

of the Act.

21—356

---

—3—

2.

The allegation of violation of Rule 318(c) of

the Solid Waste Regulations and Section 21(b)

of the Act

is dismissed.

3.

Respondent shall, within thirty

(30)

days of

this order,

file a detailed description of the site,

including a plat, with the Cook County Recorder’s Office.

4.

Respondent shall pay a penalty of $850 for the

said violations within thirty

(30)

days of this order.

Payment shall be by certified check or money order,

payable

to the:

State of Illinois

Fiscal Services Division

Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order

~:~:

adop~edthe

~

day of

_________,

1976 by a

Illinois Pollution Co

1 Board

21