ILLINOIS POLLUTION CONTROL BOARD
    May 22, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    vs.
    )
    PCB 74—402
    CITY OF HILLSBORO,
    )
    Respondent.
    FREDRIC BENSON, Assistant Attorney General for the EPA
    GEORGE GINOS, Attorney for Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss):
    The Environmental Protection Agency alleges that City
    of Hillsboro operated a solid waste management site without
    an operating permit in violation of Section 21(e)
    of the
    Environmental Protection Act and Rule 201(b) (1)
    of the Solid
    Waste Regulations.
    The violations allegedly occurred from
    July 27,
    1974 to October
    29,
    1974.
    The public hearing on
    this matter was held in February 1975.
    At the public hearing,
    the parties submitted a
    Stipulation of Facts and Settlement Proposal in lieu of
    protracted litigation.
    The Board is asked to approve the
    Proposed Settlement based upon the facts and background in-
    formation submitted.
    The Stipulation shows that Respondent received letters
    from the Agency on August 29,
    1973, February 8, March 20,
    April
    16, May 6 and July 22, 1974 advising Respondent that its
    refuse disposal site did not have an Agency permit.
    On April
    26,
    1974 Respondent applied to the EPA for an operating permit.
    This
    application was found lacking in pertinent information and Re-
    spondent was notified May 20, 1974 of the permit denial.
    A.
    second application was submitted on December 4, 1974 and again
    the permit was denied.
    A third permit application has not been officially re-
    viewed by the Agency but a cursory examination indicates that
    all required information has now been submitted.
    Respondent
    shut down its refuse disposal site shortly after the filing of
    the Complaint, and the site has remained closed since that time.
    —2—
    At the hearing, Respondent’s attorney stated that Respondent
    intended to keep the site closed until the permit is obtained
    (R.
    9).
    Respondent “admits that it has violated Section 21(e)
    of
    the Act and Rule 202(b) (1)
    of the Solid Waste Regulations in
    the manner specified in the Complaint”.
    However, Hilisboro
    claims that the delay in obtaining a permit was neither in-
    tentional nor bad faith neglect on its part but is due to the
    City Engineer’s preoccupation with other environmentally
    related matters.
    During the past year Respondent has been engaged in major
    improvements to its water treatment facilities, corrective
    work on its sewage treatment plant and buying land to be used
    for the construction of a lake.
    The Mayor and City Council
    members serve the City (population 4,000) on a part-time basis
    only.
    Respondent believes that, when all of these actions are
    considered,
    it is evident the City officials seek to abide by
    the law for the protection of the environment and the health
    of individuals.
    Respondent is willing to pay a penalty of
    $750 and properly
    close its refuse disposal site in the event an operating permit
    is not obtained within 120 days.
    The Agency agrees that the
    penalty and agreement regarding site closure is satisfactory.
    We accept the Proposed Settlement.
    The Board finds that
    Respondent did operate a solid waste management site without
    operating permit,
    as charged, and that a monetary penalty of
    $750 and agreement for possible closure of the site are appro-
    priate in this case.
    This Opinion constitutes the findings of fact and con-
    clusions of law of the Illinois Pollution Control Board.
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1.
    City of Hillsboro shall pay to the State of
    Illinois by June 19, 1975 the
    sum
    of $750 as a penalty
    for the violations found in this proceeding.
    Penalty
    payment by certified check or money order payable to the
    State of Illinois shall be made to:
    Fiscal Services
    Division,
    Illinois EPA,
    2200 Churchi~l1Road,
    Springfield,
    Illinois 62706.
    17
    ioo
    —3—
    2.
    Respondent shall properly close its waste
    disposal site in Montgomery County,
    Illinois if an
    operating permit for the site has not been obtained
    within 120 days of the date of this Order.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Ccntrol
    Board, hereb~certify the above Opinion and Order were adopted
    on the
    c~ck
    day of May,
    1975 by
    a vote of
    —~
    a4~L~L~fçi
    ~ii~
    Christan L. Mof e~j Clerk
    Illinois Po1lutith~ontrol Board
    17
    —
    101

    Back to top