ILLINOIS POLLUTION CONTROL BOARD

January

8, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—286

CITY OF SHELBYVILLE,

Respondent.

Ms. Marilyn

B.

t~esch,Assistant Attorney General, Attorney

for Complainant

Mr. Franklin Dove,

Dove

& Dove, Attorney for Respondent

OPINION AND ORDER OF

THE

BOARD

(by Mr. Young):

This case involves

a Complaint,

filed on July

25,

1975,

~‘l. ing

that

Respondent,

City of Shelbyvilie

(Shelbyville),

~

:~i

and operated a

solid waste management site without an

appropriate development permit and an appropriate operating

permit from the Environmental Protection.Agerrcy

(Agency),

in

violation of Rules

201 and 202 (b) (1) of the Solid Waste Regu-

lations

(Chapter 7)

and Section

21(e)

of the Environmental

Protection Act.

More specifically, ‘the Complaint alleges

that Shelbyville operated its site located in Section 13 of

Township

11 North,

Range’

3 East of the Third Principal Meridian

in Shelby Couniy,

Illinois,

from July 27,

1974 continuously

through July 25,

1975 without the necessary permits.

A hearing was held at the Shelby County Courthouse,

Shelbyville,

Illinois, on September

16,

1975.

A Stipulation

of Facts and Proposed Settlement

(Stipulation) was entered into

evidence.

No additional evidence was presented.

The parties

propose that Shelbyville pay a penalty of $300.00

for the vio-

lations and take other actions necessary to obtain the necessary

permits.

The parties stipulated that Shelbyville owns the site as

described in the Complaint which has been operated by Shelbyville

as a solid waste management site for approximately 23 years;

primarily for the disposal of household wastes, although some

industrial wastes are deposited at the site.

19— 585

---

Shelbyville admitted thM

it had operated the site without

the required permits from July 27,

1974 until July 25,

1975 in

violation of Section 21 Ce) of the Environmental. Protection Act

and Rules

201 and 202(b) (1)

of

the Solid Waste Regulations

(Chapter 7).

The record indicates that the Agency sent letters

to

Shelbyville on seven dates beginning on August

22,

1973 and

July

27,

1974;

two similar letters were sent on November

1,

1974 and January

28,

1975 prior

to the filing of this Complaint.

Additionally, Agency personnel brought the permit requirement

to the attention of the Mayor

(on February 2,

1974)

and

to

Commissioner David W. Young,

Shelbyville Commissioner of Public

Property

(on April

5,

1974, December 19,

1974 and July 18,

1975)

either by telephone or in person.

The parties further stipulated that the present corporate

authorities took office

in May.,

1973 and took a number of actions

including the expenditure of approximately $19,000.00 toward

compliance including building of all-weather roadways and buildings,

burial and covering of trees, and brush, and the engaging of con-

sulting engineers in February,

1974 and the submission of a permi,t

application on April 17,

1974.

The initial permit was denied on May 1,

1974; an amended

permit application was submitted on July 24,

1974 and subse-

quently denied on September 16,

1974 primarily for lack of hydro-

geoloqical data.

Shelbyville explored the possibility of a new

joint solid waste management site with the County of Shelby with-

out success and

in May of 1975 engaged

a new consulting engineer

to prepare a second amended application for permit which Shelby-

yule will submit on or before November

4, 1975.

Additionally,

the Stipulation sets forth certain actions to be taken prior to

September 22,

1975 by Shelbyville in contemplation of operation

of the site.

On the basis of

the above facts and the Stipulation, which

constitutes the entire record in this case, we find that Shelby-

‘yule did violate the Act and Regulations from July 27,

1974 until

July

25,

1975,

by operating its solid waste management site without

any permit from the Agency.

We further find that the stipulated

settlement of $300.00 constitutes

a reasonable penalty for these

violations’.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1.

Respondent, City of Shelbyville,

is

found

to have operated

its solid waste ntanagement site in violation of Section

21(e)

of

19—586

---

—3—

the Environmental Protection Act and Rules

201 and 202(b) (1)

of

the Solid Waste Regulations and shall pay a penalty of $300.00

for such violations.

Penalty payment by certified check or

money order payable to the State of Illinois shall

be

made within

35

days of

thi.s Order to:

Fiscal Services Division,

Illinois

Environmental Protection Agency,

2200 Churchill Road,

Springfield,

Illinois,

62706.

2.

City of Shelbyville shall promptly proceed to take all

reasonable and necessary actions and to make all reasonable and

necessary submissions to obtain the lawfully required permits

for its solid waste management site and shall discontinue opera-

tion of its solid waste management site unless the appropriate

permit has been applied for by November

7,

1975 as provided for

in paragraph

7 of the Stipulation of Facts and Proposed Settlement

entered into by and between the City of Shelbyville and the Illinois

Environmental Protection Agency.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby cqrtify the above Opinion and Order

were adopted on the

~

day of.

____________________,

1976

by

a vote of

L/_D

Ch~4iofe’~)~

Illinois Pollution

trol Board