ILLINOIS POLLUTION CONTROL BOARD

May

20,

1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 76-10

THOMAS CELLINI, d/b/a

BROADWAY AUTO BODY

Respondent.

Mr.

James L. Dobrovolny, Assistant Attorney General, appeared

for complainant.

Mr. Joseph

F.

Greco appeared for respondent.

ORDER

AND

OPINION OF THE BOARD

(by Dr. Satchell):

This matter comes before the Pollution Control Board upon

a complaint filed on January 12,

1976 by the Environmental

Protection Agency

(Agency)

alleging that Thomas Cellini,

d/b/a Broadway Auto Body, owns

and operates

a solid waste

management site at 3019 East End Avenue,

South Chicago Heights,

Cook County, Illinois without an operating permit in violation

of Rule 202(b) (1)

of the Solid Waste Regulations

(hereinafter

Regulations)

and Section 21(e)

of the Environmental Protection

Act.

It was further alleged that Respondent caused or allowed

the open dumping of refuse in violation of Section 21(b)

of

the Act beginning on or about July 27,

1973 to the filing of

the complaint herein, including but not limited to twelve

separate dates from October 23,

1973 to November 18, 1975;

Respondent failed to place daily cover

in

violation of

Rule 305(a)

of the Regulations and Section 21(b)

of the Act,

including but not limited to twelve different dates from

October 23, 1973 to November 18,

1975; and that Respondent

failed to place final cover of not less than two feet over

the entire surface of the final

lifts in violation of Rule

305(c)

of the Regulations and Section 21(b)

of the Act in-

cluding but not limited to twelve separate dates from

October 23, 1973 to November 18,

1975.

A hearing was held March 9,

1976.

At that time

a

stipulated agreement was presented.

No other testimony was

given.

21

—

447

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The facts

of the agreement are as follows.

Respondent

owns and operates an auto body shop situated on property

located proximate to 3019 East End Avenue, South Chicago

Heights in Section 33, Township 35 North, Range

14 East,

Cook County, Illinois.

The site in question is located

in the rear of Respondent’s auto body repair shop.

This

site has been the object of random dumping of refuse consist-

ing of tires, white goods, brush,

car parts,

cans, cardboard

and more recently demolition waste.

This dumping has been

from Cellini’s own refuse.

Additionally other persons without

permission of Cellini have dumped refuse on the

site.

Cellini

has never obtained an operating permit,

a violation of Sec-

tion 21(e)

of the Act.

Since July 27,

1973 continuing to

the filing of the complaint including but not limited to

twelve separate dates the Respondent has caused or allowed

open dumping of refuse

in violation of Section 21(b)

of the

Act.

Respondent failed to provide daily cover on these same

twelve days in violation of Rule 305(a)

of the Regulations.

Cellini also failed to place final cover over the final

lifts

in violation of Rule 305(c)

of the Regulations on these same

twelve days.

Respondent admits all these violations and also

admits he has terminated operations at the site

in question.

To resolve this case Mr. Cellini has agreed to apply

final cover to the site subject to Agency approval within

ninety

(90)

days of the Board’s order and to limit access

to the site to prevent promiscuous dumping in the future.

Mr. Cellini will give notice to the Agency when final cover

will be undertaken so the Agency may inspect the site and

method of cover.

Respondent agrees to cease and desist

from further dumping without obtaining a permit and further

agrees to pay a penalty of $750 for the aforesaid violations.

The Board finds this stipulated settlement to be

acceptable under Procedural Rule 333.

The Board finds that

Thomas Cellini

is

in violation of Rules

202(b) (1),

305(a)

and

305(c)

of the Regulations and Sections 21(b)

and 21(e)

of the

Act.

A penalty of $750 is assessed for these violations in

accordance with the stipulated settlement.

Respondent will

comply with all terms of the settlement.

This constitutes

the Board’s findings of fact and

conclusions of law.

ORDER

It is the order of the Pollution Control Board that:

1.

Thomas Cellini, d/b/a Broadway Auto Body, is in

violation of Rule 202 (b) (1)

of the Solid Waste Regulations

21—448

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—3—

and Section 21(e) of the Act and of Rules

305(a)

and

305(c)

of the Solid Waste Regulations and Section 21(b)

of the Act.

2.

Thomas Cellini will apply final cover to the

site subject to Agency approval within ninety

(90)

days

of this Order.

3.

Respondent shall limit access to the site

to

prevent promiscuous dumping in the future.

4.

Respondent shall give the Agency notice when

final cover will be placed so that the Agency may inspect

the site

and method of cover.

5.

Thomas Cellini shall cease and desist from further

dumping at the site, unless he obtains an Agency permit.

6.

Respondent shall pay a penalty of $750 for these

violations within thirty

(30) days of this Order.

Payment

shall be by certified check or cashier’s check made

payable to:

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

were adop ed on the

_______

day of

___________,

1976 by a

vote of

.~

er

Illinois Pollution~zctro1Board