ILLINOIS POLLUTION CONTROL BOARD
    January 16,
    1975
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Complainant,
    )
    )
    v.
    )
    PCB 74-399
    ~LPH HAVENS and CARL HAVENS,
    )
    d/bJa
    HAVENS DISPOSAL,
    )
    Respondent.
    )
    OPINION AND ORDER of the Board
    (by Mr.
    Zeitlin)
    This case concerns the operation
    ofa
    solid waste management site by
    respondents
    in Fulton
    County,
    Illinois.
    The complaint,
    filed by the En-
    vironmental
    Protection Agency (Agency)
    on October 24,
    1974, alleges that
    this site has been operated without
    an operating license since July 27,
    1974,
    in violation of Section
    21
    (e) of
    the Environmental
    Protection
    Act
    (Act), and Rule 202 (b)(1)
    Chapter 7 of the Board’s Solid Waste Rules and
    Regulations.
    Chapter
    7 became effective on July 27,
    1973.
    Rule 202 (b)(1) under
    it requires that existing solid waste management sites obtain an Agency
    operating permit not later than one year after the effective date of
    the
    Regulation.
    Section
    21
    (e) of the Act states
    that “no person shall
    conduct
    any..
    .
    refuse disposal operations.
    .
    .without a permit granted by the Agency...”
    Pursuant to the Board’s
    Procedural
    Rule 314 (a),
    the Agency served
    on
    Respondents
    a Request for Admissions
    (Complainant’s exhibit 1).
    That
    request not being answered,
    the requested admissions of fact were admitted
    by the Respondents
    by operation of Procedural
    Rule 314 (c),
    Admission in
    the Absence of Denial.
    The facts contained in that Request for Admissions
    can be summarized
    as follows:
    1)
    Respondents had no Agency operating permit between July 27,
    1974
    and October 24,
    1974.
    2)
    Respondents did,
    in
    fact, operate the site in question
    on August
    12,
    1974.
    3)
    Respondents operated the site for two or more days a week between
    July 28,
    1974 and October 9,
    1974.
    15—
    259
    At
    a hearing in
    the matter on
    December 10,
    1974,
    the parties jointly
    entered
    a Stipulation
    and
    Proposed
    Settlement.
    The
    Stipulation
    sets out
    basically the facts described above,
    and
    makes
    reference to
    the
    admissions.
    The Stipulation also contains statements
    to the effect that the Agency
    acknowleges certain undisclosed efforts
    to obtain
    a license
    by Respondents
    which, although insufficient, indicated goQd faith on
    the part of Respon~
    dents.
    The Agency also noted that Respondents had cooperated fully
    in the
    investigations
    in this matter.
    For these reasons,
    the proposal
    for settle-
    ment contains
    a provision for
    a penalty of only $1,000.
    The Stipulation and Proposal for Settlement also contains
    a provision
    under which Respondents must close the subject site unless
    a permit is ap-
    plied for and received from the Agency.
    The Board
    feels that the Stipulation and Proposal
    for Settlement
    in
    this case are acceptable.
    This Opinion constitutes
    the Board’s
    findings of fact and conclusions
    of law.
    IT
    IS THE ORDER
    of
    the Pollution Control
    Board
    that:
    1.
    Respondents
    Carl
    Havens and Ralph Havens, d/bJa Havens
    Disposal
    are
    found to have violated Section
    21
    (e) of the Environmental Protection
    Act,
    and Chapter
    7,
    Rule 202 (b)(1) of the Solid Waste Rules
    and Regulations.
    2.
    Respondents
    Ralph Havens and Carl
    Havens, d/b/a Havens
    Disposal
    shall
    pay
    a penalty of $1,000 for said violations.
    Payment is
    to be made within
    35 days of the adoption of
    this Order by certified check or money order
    to
    the State of Illinois,
    Fiscal Services Division,
    Illinois Environmental Pro-
    tection Agency,, 2200 Churchill
    Road, Springfield,
    Illinois
    62706.
    3,
    Respondents
    Carl Havens and Ralph Havens, d/b/a
    Havens Disposal, shall
    cease and desist refuse disposal activities at the subject site and properly
    close said site unless
    an appropriate operating permit has been applied for
    within 30 days of the adoption of this Order
    and obtained within
    120 days of
    the adoption of this Order.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois
    Pollution
    Control Board,
    hereby
    certify
    the
    above
    Opinion
    &
    Order
    were
    adopted
    on
    the /~~~day
    of
    1975
    by
    a
    vote
    of ~to
    ~
    15
    —
    260

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