ILLINOIS POLLUTION CONTROL BOARD
    August
    8,
    1974
    ENVIRONMENTAL PROTECTION
    AGENCY,
    )
    Complainant,
    vs.
    )
    PCB 74-94
    GLEN
    COOPER,
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by Mr.
    Seaman):
    On March
    14, 1974, the Environmental
    Protection Agency filed Complaint
    against Glen Cooper,
    the owner and operator of
    a refuse disposal
    site located
    in Cass
    County, Illinois.
    Complainant alleges
    numerous specific dates of violation
    (as many as
    25)
    of Sections 21(a),
    21(b)
    and 9(c) of the Environmental Protection Act;
    Rules
    4.03(a),
    5.03,
    5.04,
    5.06, 5,07(a), 4.07(b),
    5.09,
    5.10(a)
    and 5.10(d)
    of the Rules and Regulations for Refuse Disposal
    Sites and Facilities; and
    Rules
    303(b),
    304,
    305(a), 305(c),
    306, 308 and 314(f)
    of the Solid Waste
    Rules and Regulations.
    We note that many of the alleged violations allegedly began on or about
    April
    26,
    1971 and were allegedly continuous
    in nature
    to at least the filing
    of Complaint on March
    14,
    1974.
    On June 25,
    1974,
    a public hearing was held
    in this matter.
    The sole
    action taken
    at that hearing was the admission of a Stipulation And Proposal
    For Settlement entered into between the parties.
    According to Paragraph 4 of that
    Stipulation, Respondent admits the violations alleged
    in the Complaint,
    for
    purposes
    of settlement only.
    Attached to and made
    a part of the Stipulation are Exhibits
    (including
    •inspection reports and photographs) which purport to show numerous and gross
    violations.
    By Paragraph
    9
    of the Stipulation, the parties agree that
    a penalty
    of $1,000.00 be imposed for the violations alleged.
    Paragraph
    10 of the Stipulation and Proposal
    For Settlement states that
    the document shall
    be null
    and void should the Board fail
    to accept this
    settlement
    in all
    its particulars.
    We cannot accept this settlement.
    For
    scores
    of alleged violations,
    any one of which could subject an offender to
    a maximum penaltyof $10,000.00, we are asked
    to assess
    a penalty of $1,000.00,
    upon no more foundation than blind faith that the parties have reached an
    appropriate figure.
    To do so would be an abdication of our responsibilities
    under the Act.
    No mitigation has been shown;
    in fact, with our rejection of
    the Stipulation,
    the Record in this matter consists solely of the Complaint.
    —
    299
    Within
    forty-five
    (45)
    days
    of
    the
    date
    of
    this
    Order,
    Complainant
    shall:
    1,
    File
    with
    this
    Board
    a
    statement
    of
    the
    factual
    considerations
    hearing upon
    the
    recommended penalty,
    includinq
    circumstances
    in
    mitigation
    and
    aggravation;
    and/or
    2.
    File
    with
    this Board
    a
    new
    stinulation
    containing
    said
    information;
    or
    3.
    Prepare
    the
    matter
    for
    hearing.
    I.
    Christar:
    L~Moffett,
    Clerk
    of’
    toe
    Illinois
    Pollution
    Con~i Board~,
    certify
    that
    the
    above
    Opinion
    and Order
    was
    adopted
    on
    this
    ~
    day
    ~
    1974 oy
    a
    vote
    ~
    13
    —
    300

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