ILLINOIS POLLUTION CONTROL BOARD
July
10,
1975
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
v.
)
PCB 74—462
VILLAGE OF LOUISVILLE,
Respondent.
MARILYN B. RESCH, attorney for Complainant.
H. CARROLL BAYLOR, attorney for Respondent.
OPINION
AND
ORDER OF
THE
BOARD
(by Dr.
Odell)
On December
10,
1974, the Illinois Environmental Protection
Agency
(Agency)
filed a Complaint against the Village of
Louis-
ville.
The Agency alleged that from July
27,
1974, until
December 10,
1974, Respondent operated its solid waste manage-
ment site without an Agency Operating Permit in violation of
Section 21(e)
of the Illinois Environmental Protection Act
(Act)
and Rule 202(b) (1) of the Solid Waste Regulations
(Chapter
7).
The one—acre site is located in the NE 1/4 of Section
26,
Township
4 North, Range
6 East in Clay County,
Illinois.
A hearing was held on February 25,
1975,
in the Clay
County Courthouse
in Louisville, Illinois.
A Stipulation of
Parties and Proposed Settlement
(Stipulation) was entered into
evidence.
No additional evidence was presented, and no citizen
witnesses were present except two Village trustees from Louis-
ville.
The Stipulation provided that:
1.
Respondent was In violation of Section 21(e)
of the
Act and Rule 202(b) (1)
of Chapter
7 from July 27,
1974,
until
December 10,
1974.
2.
Application for permit filed on September
23, 1974,
was denied by the Agency on December
3,
1974,
due to insufficient
information and lack of engineering certification.
3.
Respondent had been cooperating with the Agency for
several months before permit application was made and at the
time of application was in general compliance with the Act and
Chapter
7.
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4,
The solid waste management site was closed down by
Respondent upon receipt of the Complaint.
An engineer was
hired
to determine the cost of correctly completing the permit
application which costs were subsequently determined to be
prohibitive to the City and its 900 citizens.
5.
An independent contractor began collecting the refuse
January 10,
1975.
The Agency stated in the Stipulation that based upon
Respondentts good faith attempts to comply and its continued
cooperation,
“no penalty need be assessed” and that the Agency’s
“interest shall be satisfied by an order requiring that
Respondent discontinue all refuse disposal activities at the
subject site and properly close said site unless an appropriate
permit is applied for from the Agency within 30 days and obtain-
ed within 120 days of the Board Order.”
We find the Stipulation generally acceptable.
WhIle good
faith efforts to comply apparently began in July 1974, action
should have been taken earlier to avoid a violation of the Act
and Chapter
7.
We accept the Agency recommendation for no penalty
since Louisville is a small municipality with limited financial
assets.
This constitutes the findings of fact and conclusions of
law of the Board.
ORDER
IT IS THE ORDER of the Pollution Conqrol Board that:
1.
Respondent shall cease and desist violating the Act
and Chapter
7 as established in this Opinion.
2.
Respondent shall not reopen its solid waste management
site until an Operating Permit has been received from the
Agency.
If the site is not reopened, final cover shall be in
place by November
1, 1975.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the /et~day of July,
1975,
by a vote of ..~—O
Gc~4~a)
Chrlstan L. Moffet
let~k
Illinois Pollutio
ntrol Board
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