ILLINOIS POLLUTION CONTROL BOARD
    March II, 1976
    CITIZENS FOR A BETTER ENVIRONMENT,
    )
    an Illinois not-for-profit corporation,
    )
    Complainant,
    v.
    )
    PCB 75—380
    WHITE’s SEPTIC, INC.,
    )
    )
    Respondent.
    Ms. Heiqa E. Huber, Attorney for Complainant
    Mr. Daniel J. Kucera, Chapman & Cutler, Attorney for Respondent
    OPINION AND ORDER OF THE BOARD (by Mr. Young):
    This case arises out of a Complaint filed September 30,
    1975 by Complainant Citizens for a Better Environment alleging
    that Respondent White’s Septic, Inc. caused or allowed the
    operation of a solid waste inanaqement site in violation of
    Rule 202(b) (1) of the Board’s Solid Waste Rules and Regulations
    and in further violation of Section 21(b) and 21(e) of the
    Environmental Protection Act. Hearing was held on January 30,
    1976, at which time a Settlement Stipulation was filed with
    the Board. No additional evidence was adduced at the hearing
    and no members of the public were in attendance.
    The Stipulation provides that Respondent’s correct name
    is White’s Septic, Inc. and that Respondent is engaged in the
    business of operating a 30 acre farm near Bartlett in DuPage
    County in addition to engaging in the business of collecting
    domestic septic tank sludge from various septic tanks in the
    Bartlett area. Respondent applies this septic tank sludge
    collected by it to the soil on its farm so as to fertilize
    crops growing there. There are no stipulated facts which sug-
    gest that Respondent deposits any solid waste upon the farm.
    On the basis of these stipulated facts, the Board is not able
    to find any violation of the Act or Regulations.
    The Board accepts the Settlement Stipulation entered into
    by the parties in a spirit of cooperation and conciliation,
    and to avoid the expense of further litigation to determine
    whethor the violations alleged in the Complaint existed. Re-
    spondent agrees to apply to the Illinois Environmental Protection
    Agency for such operating permits as may be required with respect
    20—243
    —2—
    to its operation on its farm and to further advise Complainant
    on the progress of any such application. It is noted, however,
    that Respondent’s septic tank sludge collection operation may
    be subject to the provisions of the Private Sewage Disposal
    Licensing Act (Ill. Rev. Stat. 1975, Ch. 111 1/2, ~ll6.3Ol
    —
    116.323 and the Private Sewage Disposal Licensing Act and Code
    of the State of Illinois, Department of Public Health.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    IT IS THE ORDER OF THE BOARD that the Complaint alleging
    violations of Rule 202(b) (1) of the Board’s Solid Waste Rules
    and Regulations and Sections 21(b) and 21(e) of the Environ-
    mental Protection Act by Respondent White’s Septic, Inc. be
    dismissed.
    Mr. Goodman abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above pinion and Order were
    adopted on the j/’~ day of
    1976
    by a vote of
    q~
    Christan
    ~r4
    L. Motre
    er
    Illinois Pollution ntroi Board
    20—244

    Back to top