ILLINOIS POLLUTION CONTROL BOARD

August

7,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Cornolainant,

v.

)

PCB 75—146

WASTE MANAGEMENT OF ILLINOIS,

INC.

and BENJAMIN A.

BENNITT and

)

HELEN S.

BENNITT,

Respondents.

OPINION AND ORDER OF THE BOARD

(By Mr.

Zeitlin):

The Complaint,

filed by the Attorney Genera.

for the

Environmental Protection Agency

(Agency)

on April

2,

1975,

alleges that Respondents have failed to provide final cover

to a sanitary landfill in violation of Rule 305(c) of

Chapter

7:

Solid Waste, of the Pollution Control Board

(Board)

Rules and Regulations,

and therefore have violated

Section 21(b)

of the Environmental Protection Act

(Act).

On

May 12,

1975,

the Attorney General filed an Amended Complaint.

Respondent Wast.e Management of Illinois

(Waste Management)

operates a sanitary landfill site located

in Section

24,

Township

35 North, Range

10, East of the Third Principal

Meridian,

in Will County,

Illinois.

Respondents Benjamin A.

Bennitt and Helen

S.

Bennitt are the record owners of the

property upon which the sanitary landfill

is operated.

Rule 305(c) requires that a compacted layer of not less

than two feet of suitable material be placed over the entire

surface of each port±onof the final lift not later than

60 days following the placement of refuse in the final

lift.

Respondent Waste Mana.gement, on October 30,

1973,

ceased

operating the site as a sanitary landfill and had not commenced

final cover on December 30,

1973.

Respondent Waste Management

alleges

that it was unable to apply such final cover due to

the lack of suitaLle cover material which could be obtained

at an economically reasonable cost.

A source of suitable

cover material has now been found and is presently being

applied to the site.

18—311

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—2—

A hearing was held in Joliet,

Illinois,

on June

24,

1975,

at which the A~er~cyand Respondent Waste Management introduced

a Stipulation and Proposed Settlement

(Stipulation).

The

Stipulation provides that Respon~ientWaste Management shall

pay a $2000 civil penalty

for the violations described and

shall complete final cover within nine months of the Stipulation

date

(June

24,

1975).

These factors allow the Board to

accept the Stipulati3n which will serve

to further the

purposes of the Act and the regulatory nature of the Board’s

Solid Waste Rules.

Insofar as no proof has been entered on their responsibility

for the above violations,

the Board shall dismiss Respondents

Benjamin A. Bennitt and Helen

S. Bennitt.

This Opinion constitutes the findings of fact and

conclusions of law of the Board

in this matter.

ORDER

It

is the order of the Pollution Control Board that:

1.

Respondent Waste Management of Illinois,

Inc.

is

found to have violated Rule 305(c)

of Chapter

7 of

the Board’s Solid Waste Rules and Regulations,

and

of Section 21(b)

of the Environmental Protection

Act.

2.

Respondent; Waste Management of Illinois,

Inc.,

shall pay as a penalty for such violations the

sum

of $2000, payment to be made by certified check or

money order within 35 days of the date of this

Order

to:

State

Df Illinois

En~Tironmenta1Protection Agency

Fiscal Services Division

220~~Churchill Road

Springfield,

Illinois

62706

3.

Respondent Waste Management of Illinois,

Inc.

shall submit monthly progress reports on final

cover operations

to the Environmental Protection

Agency;

such reports to indicate the volume of

cover placed during the preceding month, which

shall

be at least one—ninth of the total required.

18—

312

---

—3—

4.

That portion of the Complaint,

as Amended, alleging

Benjamin A. Bennitt and Helen

S.

Bennitt as Respondents,

is dis:iissed.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

the

~

day of

______

,

1975 by

a vote of

________

~inoisPollution~ontrolBoard

18

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