ILLINOIS POLLUTION CONTROL BOARD
    March
    13,
    1975
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    Complainant
    )
    )
    v.
    )
    PCB 74—436
    )
    KNOX
    WRECKING
    &
    MOVING
    COMPANY,
    )
    INC.
    )
    Respondent
    )
    Mrs.
    Marilyn Resch, Assistant Attorney General,
    for the Complainant.
    Mr.
    Robert N.
    Egaa, Attorney, for the Respondent.
    OPINION
    & ORDER of the Board (by Mr.
    Zeitlin)
    The Complaint in
    this matter was filed by
    the Attorney General for the
    Environmental Protection Agency (Agency)
    on November 20,
    1974.
    The Complaint alleged
    violations of Section 21(e)
    of the Environmental Protection Act,
    and Rule 202
    (b)(1)
    of the Board’s Solid Waste Rules and Regulations,
    in that Respondent
    operated a solid waste management site in Knox County without the required oper-
    ating permit from the Agency.
    The violations were alleged to have occured at all
    times between July 27,
    1974,
    at which time the permit requirements became effec-
    tive,
    and November 20,
    1974,
    the date on which the complaint was
    filed.
    The
    complaint also alleged as specific dates of violation:
    August
    8,
    1974, October
    1,
    1974,
    and October
    9,
    1974.
    In response to the Agency’s request for admission,
    dated December
    18,
    1974,
    Respondent admitted that
    it
    did not possess an Agency permit for the operation
    of a solid waste management site,
    that
    it
    did operate or cause
    to be operated a
    solid waste management site, and that such site was operated for two or more
    days each week between July 28,
    1974 and November
    15,
    1974.
    At
    a hearing held on January 20,
    1975,
    the parties entered a Stipulation of
    Fact and Settlement Proposal, detailing a history of dealings between the parties
    as
    regards
    an
    operating
    permit
    for
    the
    Knox
    County
    site
    in
    question.
    The
    Agency
    originally
    sent
    to
    Respondent
    the
    material
    necessary
    for
    permit
    application
    on
    March
    5,
    1973.
    The
    Agency
    also
    informed
    Respondent
    on
    five
    subsequent
    dates
    up
    to
    May
    15,
    1974
    that
    such
    a
    permit would be needed
    for the site.
    Upon again
    receiving
    the
    materials
    necessary
    for
    a
    permit
    application
    in
    1974,
    Respondent
    failed
    to
    promptly
    read
    or
    act
    on
    such
    material.
    Respondent
    finally
    realized
    sometime
    in
    April,
    1974
    that
    it
    did not have sufficient information to properly
    complete
    the
    permit
    application,
    and
    decided
    in
    conjunction
    with
    it’s attorney
    to
    file
    an
    incomplete
    application
    for
    permit,
    which
    was
    done
    on
    April 26,
    1974.
    That
    application
    was
    rejected
    by
    a
    letter
    from
    the
    Agency
    on
    May
    9,
    1974.
    A
    subsequent
    application
    was
    made
    by
    Respondent
    on
    November
    12,
    1974.
    16—121
    —2—
    Respondent has stipulated to the alleged violations of Section 21(e)
    of
    the Act and Rule 202(b)(1)
    of the Board’s Solid Waste Rules and Regula-
    tion.
    Respondent further admits a lack of diligence in the permit application
    process.
    In mitigation, however,
    the Agency has. agreed in the stipulation
    that once Respondent had retained an engineer, Respondent proceeded exped-
    itiously toward submitting a complete application for permit.
    The parties
    have agreed that
    a penalty
    of $500 would be appropriate in
    this matter,
    in
    light
    of Respondent’s initial lack of diligence, and its subsequent
    attempts
    to secure expeditious
    compliance.
    In light of the fact that the Agency finds
    the penalty herein acceptable,
    the Board will accept the stipulation submitted
    in
    this matter.
    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 Knox County Wrecking and Moving
    Company, Inc.,
    is found
    to have operated a solid waste management site in Knox County,
    in violation of
    Section 21(e)
    of the Environmental Protection Act and Rule 202(b)(1)
    of
    the
    Board’s Solid Waste Rules and Regulations.
    2.
    Respondent Knox Wrecking and Moving Company,
    Inc.,
    shall pay as a
    penalty the sum of
    S500.
    Payment shall be made within 30 days from the date
    of
    this Order by certified check or money order, payable
    to:
    Fiscal Services Division
    Environmental Protectiun Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution ContFol Board
    hereby cqrtify the above Opinion
    & Order were adopted
    on the j~~day
    of
    1975 by
    a vote of
    L(
    to
    0
    oA~
    ~
    Christan
    L.
    Moffett, ~
    Illinois Pollution Control Board

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