ILLINOIS POLLUTION CONTROL BOARD
    September 18, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB
    74—94
    GLENN COOPER,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the Environmental Protection Agency’s
    (Agency)
    March
    14,
    1974 complaint against Glenn Cooper for violations
    of Sections 21(a),
    21(b)
    and 9(c) of~theEnvironmental
    Protection Act
    (Act)
    Rules 4.03(a),
    5.03,
    5.04,
    5.06, 5.07(a),
    5.07(b), 5.09,
    5.10(a), and 5.10(d)
    of the Rules and Regulations
    for Refuse Disposal Sites and Facilities and Rules
    304,
    305(a),
    305(c),
    306,
    308,
    and 314(f)
    of the Board’s Solid
    Waste Regulations.
    These violations allegedly occured from
    April 26,
    1971,
    to the date of filing the complaint.
    Glenn
    Cooper operated a refuse disposal site located in Section 21,
    Township 18 North, Range
    11 West,
    in Cass County,
    Illinois,
    at all times pertinent
    to this action.
    On June
    27,
    1974,
    the parties hereto filed a Stipulation
    and Proposal for Settlement, which admitted,
    for the purposes
    of settlement only,
    the alleged violations.
    The parties
    stipulated to the imposition of a penalty of $1000.00.
    On August
    8,
    1974,
    the Board rejected said stipulation,
    objecting to the fac~tthat no mitigation had been shown and
    that the only thing in the record other than the stipulation
    was the complaint.
    The Board felt that for the scores of
    alleged violation3 the assessment of a penalty of $1000
    required at the very least a more elaborate presentation of
    the facts.
    On October
    8,
    1974,
    the parties submitted a second
    stipulation requesting that a penalty of
    $1000.00 be imposed.
    The parties therein stated that Mr. Cooper’s ability to pay
    is “scant” and stated that the landfill operated at a loss
    for 1972 and 1973.
    The Board submitted that polluting at a
    “net loss” was no excuse
    for polluting and,
    in addition, did
    not find the arguement of average penalties
    as presented
    in
    the new stipulation persuasive.
    18
    —
    502
    —2—
    On September
    8,
    1975, the Complainant Agency through
    its representative,
    the Attorney General of the State of
    Illinois,
    moved for reconsideration of the order entered by
    the Board on August
    7,
    1975,
    and moved approval of the
    Stipulation and Proposed Set~l~~ent
    heretofor submitted by
    the parties on October ~8, 19~24..,That motion
    is hereby granted.
    The Board finds the Attorney General’s argument persuasive.
    Although the Board continues
    to discount taxable income for
    a polluter as a factor in establishing
    a
    just penalty for
    violations, the Board finds the Attorney General’s presentation
    concerning the facts of this case as they relate to Section
    33(c)
    of the Act as a reasonable showing that the proposed
    $1000.00 penalty is fair and equitable and
    is adeqi~ateto
    meet the needs of the Act.
    Notwithstanding the very lengthy complaint against
    Glenn Cooper for violations of the Act and the Board’s Solid
    Waste Regulation, the following facts act as mitigation
    in
    our acceptance of the Proposed Stipulation of Facts and Settlement:
    1.
    Mr. Cooper has sold the site to another party and
    no longer has any connection thereto.
    2.
    The purchaser of the site obtained a permit for the
    site from the Environmental Protection Agency less than a
    month subsequent to the transfer of the property.
    3.
    No violations were shown on the part of the Respondent
    since December
    7,
    1973.
    4.
    The location of the site as
    a landfill location is
    presumptively acceptable as it is now a permitted site.
    The Board therefore accepts the Proposed Stipulation of
    Facts and Settlement
    in this case.
    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.
    Respondenr~Glenn Cooper has violated Sections
    21(a), 21(b),
    and 9(c)
    of the Act;
    Rules 4.03(a),
    5.03,
    5.04,
    5.06,
    5.07(a),
    5.07(b),
    5.09,
    5.10(a), and 5.10(d)
    of
    the Rules and Regulations for Refuse Disposal Sites and
    Facilities;
    and Rules 303(b),
    304,
    305(a),
    305(c),
    306,
    308,
    and 314(f)
    of the Solid Waste Rules and Regulations.
    18
    —
    503
    —3—
    2.
    Respondent Glenn Cooper is assessed a penalty of
    $1000.00 for violation of the Act and Regulations as enumerated
    in
    (1)
    above.
    Said penalty payment to be made 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
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby cert~.fythe above Opni
    n and Order
    were adopted on the
    ~
    day of
    &.
    1975 by
    a
    vote of
    .3-t~
    .
    Christan L. Moffett
    Illinois Pollution C
    ol Board
    18
    —
    504

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