ILLINOIS POLLUTION CONTROL BOARD

October

16,

1975

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 75-55

WASTE

MANAGEMENT,

INC.,

Respondent.

Mr.

Jeffrey

S.

Herden, Assistant Attorney General,

appeared on

behalf

of

Complainant.

Mr. Nenneth

J.

Guinbiner, Pedersen and Houpt, appeared on behalf

of

Respondent.

OPINION

AND ORDER OF THE BOARD

(by Mr. Goodman):

This

matter comes before the Pollution Control Board

(Board)

upon

the April

1,

1975,

Second Amended Complaint of

the

Peonle

of

the State of Illinois

(People)

against Waste

Management,

Inc.

(Waste)

,

a

Delaware

corporation.

The

complaint charges Waste with operating

a solid waste manage-

ment

site

without

an

operating

permit

in

violation

of

Rule

202 (b)

(I)

of

the Solid Waste Regulations and thus

in viola-

tion

of

Sections

21(b)

and

(e)

of the Environmental Protec-

tion

Act

(Act).

The

Amended

Complaint

also

charges

Waste

watn

failing

to provide proper daily,

intermediate, and

final

cover,

thereby

violating

Rule

305

of

the

Solid

Waste

Regulations

and

Section

21(b)

of

the

Act.

A

hearing

was

heid

on

July

1.,

1975

and

a

Stipulation

and

Proposed Settle-

ment

was

filed

with the Board on July

2,

Waste

owned

and

operated

a

solid

waste

management

site

in

the

town

of

Antioch,

Il1inois~

since

July

27,

1973,

It

is

stapulated

that

Waste

operated

this

site

without

any

permit

until

March

12,

1975,

at which

time

it

obtained

a

develop-

ment

permit.

The

partIes

stipulate that on eight inspections,

the

Agency

observed

what

they

considered

to be violations of

Rule

305(a)

relating

to

daily

cover.

However,

as these

inspections

were

not

made

at

the

end

of

Waste’s

operating

day,

the

Board

finds

that

the Agency has failed to meet

its

burden

of

proof as

to the 305(a)

violation.

—

---

—2—

The parties also stipulate that Agency personnel ob-

served violations

of intermediate and final cover require-

ments

on nine and two inspections respectively.

The Board

finds that Waste operated its solid waste

management site without a permit from July 27,

1973,

until

March 12,

1975,

thus violating Rule 202(b) (1)

of the Solid

Waste Regulations and Section 21(e)

of the Act.

A violation

of 202(b) (1)

does not constitute a violation of

21(b)

of the

Act and that portion of the Complaint

is dismissed.

See

EPA v,

E

& E Hauling, Inc.,

PCB 74-473

(1975).

The Board also finds that Waste has violated Rules

305(b) and

(c) and Section 21(b)

of the Act in failing to

provide proper intermediate and final covering.

The

parties have stipulated

to a civil penalty of

$5,000.00 which the

Board accepts

as adequate for the

violations shown.

The parties also agreed that Waste

would

comply with the daily,

intermediate and final

cover as

required by the

Solid Waste Regulations.

In addition, the

parties agreed that Waste would comply with the terms and con-

ditions of its development permit and that Waste would post

a $25,000 corporate performance bond to insure perrttit

coin—

plaance,

As Waste has already

received

its operating

per-

mit,

the Board finds these last two points of agreement to

be moot.

This Opinion constitutes the ~oard~s

findings of fact

and conclusions of law in this matter.

ORDER

It is the Order of the Pollution Control

Board that:

I)

Respondent

Waste

Management,

Inc.

is found

to have

violated Rules

202(b) (1),

305(b)

and 305(c)

of the Solid

Waste Regulations and Sections 21(b)

and

(e)

of

the Act.

2)

For said violations,

the stipulated penalty

of

S5,000,00

is assessed and Respondent

shall pay said

penalty

within

35 days of

the date of this order, by certified

check or money order

to:

State of Illinois

Fiscal Services Division

Environmental Protection Agency

2200 Churchill Road

Springfield,

Illinois 62706

19 —82

---

—3—

3)

Respondent Waste Management,

Inc.,

shall cease and

desist all refuse disposal activities unless

it applies

proper daily,

intermediate and final cover to the site.

Mr.

Young

abstained.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control Board, hereby cer~ifythe

above Opinio

and Order

were adopted

on

the

f~

~

day of

_____________

1975 by a

vote of ~

Q,4~L~ç~2

m~L~

Christan L. Moffet~/~Lerk

Illinois Pollution ~~tro1

Board

—83