ILLINOIS POLLUTION CONTROL BOARD
    September 18,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—162
    CHICAGO RIDGE LANDFILL COMPANY,
    )
    an Illinois Corporation, and
    )
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,)
    a Delaware Corporation,
    )
    Respondents.
    Mr. Jeffrey S.
    Herden, Assistant Attorney General, appeared
    on behalf of the Complainant;
    Mr. Kenneth J.
    Guinbiner, Pedersen
    & Houpt appeared on
    behalf of the Respondents.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the April 16,
    1975, complaint of the Environmental
    Protection Agency
    (Agency).
    The complaint charges Chicago
    Ridge Landfill Company,
    an Illinois Corporation
    (Ridge)
    and
    Waste Management of Illinois,
    Inc.
    a Delaware Corporation
    (Waste), with operating a solid waste management site in
    violation of Rule 202(b) (1)
    and
    301 of the Solid Waste
    Regulations and Sections 21(b)
    and 21(e)
    of the Environmental
    Protection Act.
    Two hearings were held, July 11,
    and August
    1,
    1975,
    respectively.
    A Stipulation
    arid Proposed Settlement
    was read into the record at the hearing.
    Waste has moved to dismiss on the grounds that it has
    no interest in the sanitary landfill in question.
    As the
    Agency has failed to produce any evidence to the contrary,
    the complaint,
    as to Waste,
    is hereby dismissed.
    The parties have stipulated that Ridge operated a
    sanitary landfill
    in Cook County,
    Illinois, until January of
    1973.
    However, pursuant to Rule 305(c) of the Solid Waste
    Regulations,
    a final cover of suitable material being compacted
    to not less than two feet must be placed over the entire
    surface of each portion of the final lift not later than 60
    days following the placement of refuse in the final
    lift.
    Due to the lack of availability of suitable cover at an
    economically reaso-iable cost,
    Ridge was unable to apply
    final cover up to the date of the filing of the instant
    action.
    Since that time,
    suitable cover has become available
    and Ridge is presently applying it to the site.
    18
    —
    542
    —2—
    As Ridge was not accepting refuse after 1973, Counts
    I
    and III of the complaint are herewith dismissed.
    Ridge is
    found to have violated Rule
    301 of the Solid Waste Regulations
    by failing to provide proper final
    cover.
    Ridge has, therefore,
    violated Section 21(b)
    of the Act in that
    it has caused or
    allowed open dumping in violation of the Board’s regulations.
    For its violation of Rule 301 and Section 21(b)
    ,
    Ridge
    has stipulated to a penalty of
    $1500.00.
    In addition,
    Ridge
    has stipulated that it will fill
    in all low areas
    of the
    site by October 16,
    1975,
    and complete final cover by January 16,
    1976.
    Ridge has further stipulated to construct,
    and has
    already constructed,
    a berm of suitable earthen material
    (excluding sand and rock)
    along the southern edge of the
    site
    (between the site and Stony Creek), eight
    (8)
    feet wide
    at the bottom,
    keyed into virgin soil,
    and terminated at the
    top of the final cover, with a minimum width of two
    (2)
    feet
    at the top.
    The Board accepts the stipulation entered into between
    the parties,
    finding the penalty and actions to be undertaken
    appropriate.
    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:
    1)
    The Complaint, herein, be and hereby is dismissed
    as against Respondent Waste Management of Illinois,
    Inc.;
    and
    2)
    Counts
    I and III of the Complaint be and hereby are
    dismissed as against Respondent Chicago Ridge Landfill
    Company;
    and
    3)
    Respondeift Chicago Ridge Landfill Company is found
    to have violated Rule 301 of the Solid Waste Regulations and
    Section 21(b)
    of the Environmental Protection Act by failing
    to apply proper final cover to its sanitary landfill site;
    and
    4)
    Respondent Chicago Ridge Landfill Company shall pay
    as
    a penalty the sum of $1500.00, 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
    and
    18
    —
    543
    —3—
    5)
    Respondent Chicago Ridge Landfill Company shall
    fill in all low areas of the site by October
    16,
    1975; and
    6)
    Respondent Chicago Ridge Landfill Company shall
    complete final cover by January
    16,
    1976;
    and
    7)
    Respondent Chicago Ridge Landfill Company shall
    construct a berm of suitable earthen material
    (excluding
    sand and rock)
    along the southern edge of the site (between
    the site and Stony Creek), which berm should be eight
    (8)
    feet wide at the bottom, keyed into virgin soil,
    and terminated
    at the top of the final cover, with
    a minimum width of two
    (2)
    feet at the top.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby cer3ify the above 0 in
    n and Order
    were adopted on the
    /~‘ ~
    day of
    _________
    1975 by a
    vote of
    ~
    Oc~
    Christan L. Moffett,/
    Illinois Pollution C
    ol Board
    18
    —
    544

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