ILLINOIS POLLUTION CONTROL BOARD

April 24, 1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 74—465

)

VILLAGE OF MEREDOSIA,

Respondent.

)

Mr. Howard Thomas, Assistant Attorney General, appeared for the

Complainant;

Mr. Larry Kuster; Foreman, Rammelkamp, Brandey and Hall, appeared

for the Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

This enforcement action was filed on December 21, 1974.

The Village of Meredosia is charged with operating a solid

waste management site without an operating permit from the

Environmental Protection Agency, in violation of Rule 202(b)

(1), Pollution Control Board Regulations, Chapter 7 (Solid

Waste) and of Section 21(e) of the Environmental Protection

Act. A hearing was held on February 6, 1975, wherein a

stipulation and proposal for settlement was entered.

The Village of Meredosia owns and operates a solid

waste management site that services a population of about

1,200 persons. The Agency has sent seven warning letters to

the Village President and the Board of Trustees. These

letters notified the Village of the July 27, 1974, deadline

for operating permits for solid waste management sites. The

first letter was dated November 21, 1973.

The Village admits that it has operated this site after

July 27, 1974, without an operating permit, in violation of

the Act and Regulations as alleged in the complaint. The

stipulation indicates that on November 20, 1973, an engineering

firm wrote a letter to the Agency on behalf of the Village

requesting a geological investigation of the site. The

Agency notified the firm on March 12, 1974 that it was not

required to obtain a response from the survey prior to

processing a permit application for the Village. The

Village has still not submitted a formal application for a

permit.

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At hearing the Village of Meredosia indicated that it

had closed the landfill site upon receipt of the complaint

in this action. It further indicated that the site is

nearly used up and that it does not intend to reopen it.

The parties agreed to a penalty of $750 for this violation.

I

The Village of Meredosia further agreed to cease and desist

from operating the site without an appropriate permit. In

the event that the Village of Meredosia intends to reopen

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the site it agreed to apply for a permit within 30 days, arid

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to obtain such permit within 120 days of the date of this

-

Order.

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The facts as stipulated are sufficient to establish violations

as alleged in the complaint. We find that the proposal for

settlement represents a reasonable resolution of this case

and we hereby accept it in full.

-

ORDER

1. The Village of Meredosia is ordered to cease and

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desist from operating its solid waste management site without

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~n appropriate permit. In the event it intends to continue

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operating this site it is ordered to apply for such permit

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within 30 days and to obtain such permit within 120 days

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of the date of this order.

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2. In the event the site is closed it shall be provided

with final cover as set out in the Solid Waste Regulations.

3. The Village of Meredosia is ordered to pay a

penalty of $750 for the violations of Rule 202(b) (1) of the

Solid Waste Regulations and Section 21(e) of the Environmental

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Protection Act found herein. Penalty payment by certified

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check or money order payable to the State of Illinois shall

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be made to: Fiscal Services Division, Illinois Environmental

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Protection Agency, 2200 Churchill Road, Springfield, Illinois

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62706.

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IT IS SO ORDERED.

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

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Control Board, hereby certify the above Opinion and Order were

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adopted on the ~L/~day of April, 1975 by a vote of

4..o

.

Christan L. Moff

Clerk

Illinois Pollutio ontrol Board

16—452