NVIRONMANTAL PRO~ILCTION ~LNCY

U K SAND At1D

GRAVEL,

INC.,

an

liinois

corporation;

MARJORIE E.

I~RASS as sole controlling oene~

ficiary under Harris Trust and Savings

Bank Trust

No.

31605 and Western

National

Bank 

of Cicero

Trust No, 3513;

DOLORES NEVEU, as sole controlling

beneficiary under Gary—Wheaton Bank Trust)

No. 1176; and DARNA INC., an Illinois

Corporation,

Respondents.

Mr. James K. Jenks, II, attorney for Complainant.

Mr. John 

Perry, attorney for Respondents.

OPINION 

AND

ORDER OF THE BOARD 

(by

Dr. Odell)

The Environmental Protection Agency (Agency) filed a

Complaint with the Pollution Control Board (Board) charging

certain named Respondents with violations of the Environmental

Protection Act (Act) 

and

regulations because of the manner in

which they operated a quarrying operation and landfill, both

located 

at 175 East Lake Street, Bloomingdale, DuPage County,

Illinois. 

Complainant initially had some difficulty 

bringing

in the 

proper and necessary parties, because the land 

was

held

under several 

land 

trusts. Subsequent to various motions, the

Agency filed a 

final 

amended Complaint on November 8, 1973.

The final amended Complaint alleged that Respondents:

1. From July 1, 1970, until November 8, 1973, caused

or allowed smoke, odor, particulate, and dust emissions to be

discharged from the site in violation of Section 9(a) of the Act.

2. From July 1, 1970, until November 8, 1973, caused or

allowed open burning at the landfill site in violation of Section

9(c) of the Act.

3. From July 1, 1970, until July 27, 1973, operated the

landfill without a permit in violation of Section 21(e) of the

Act.

4. From July 27, 1973, 

until 

November 8, 1973, failed

13—491

to provide adequate vector control in violation of Rule 314(f)

of the Pollution Control Board~s Regulations on Solid Waste

(Chapter 7).

5.

From July 27, 

1973, until November 8, 

1973, 

carried

on refuse consolidation in such a manner as to constitute open

dumping as defined under Section 

3(a) 

of the Act. Such open

dumping violated Section 21(b) of the Act.

A hearing was conducted on November 26, 1973, in the

DuPage County Courthouse, Wheaton, Illinois. The parties were

working on a settlement agreement at this time and received a

continuance until December 12, 1973. However, three citizens

from immediate neighborhoods did testify about conditions

created in the locale from the quarry-landfill operation.

Severe odor problems were created by the operation (R—10, 12, 14,

42, 63, 

97,

102, 128, 129). The site caused undesirable physical

effects on the witnesses including nausea, stinging and burning

eyes, burning throat, and disturbed sleep (R-45, 52, 

53, 54, 

56).

The site also created a severe dust nuisance for residents

(R-~20, 23, 97, 98, 100). Outdoor activities had to be curtailed

because of the operations at the landfill (R-l06, 107). The

December 12 hearing was continued until December 21, at which

time the parties entered a Stipulation and Proposal For Sett1e~

ment into the record (R~l5lto 165).

Action on the Stipulation and Proposal For Settlement was

delayed for 6 months while the Board awaited the signature of

Respondent Dolores Neveu. On August 5, in a letter to the Board,

her attorney stated that ~he would be bound by the terms of the

settlement agreement.

The Statement of Facts in the Stipulation and Proposal

For Settlement indicates that a 29~acreportion of the site (Parcel I)

is used for quarrying purposes, and a 7-acre portion of the site

(Parcel 2) is used as a landfill. Seven employees, operating heavy

machinery, work at the site, causing dirt problems for surrounding

neighbors. Respondents admitted violating Section 9(a) of the Act

by causing nausea, shortness of breath, disruption and curtailment

of outdoor activities, and severe dust problems to residents of

the area. Respondents admitted violating Section 9(c) of the Act

in that fires occurred at the facility on certain named dates in

1970, 1972, and 1973. Respondents admitted violating Section 21(e)

of the Act by operating a sanitary landfill without a permit. No

violations of Section 21(b) of the Act or Rule 314(f) of Chapter 7

were admitted by Respondents.

The Terms of Settlement included an extensive abatement and

control program as well as the payment of a $15,000 penalty. The

Terms of Settlement stated in pertinent part that:

fIS. 

. . .

This proposed settlement is expressly con-

ditioned upon, and effective only with approval thereof in all

respects by the Illinois Pollution Control Board. The parties

further stipulate that all statements contained herein shall be

null, void and of no effect and shall not be used in any further

litigation in the event that the Board fails to approve the

following terms of settlement in all respects:

~a. Landfill

or solid waste disposal 

activities

will 

be discontinued on the

site 

until such

time 

as an operating permit therefore is

issued by the Illinois Environmental Pro~

tection Agency, except for those

limited

activities

called for

by

any development

permit

which 

may be issued by the

Agency.

“h. The incomplete and presently above grade 7-

acre portion of the Parcel 2 

will 

be reduced

to a grade 

at 740 feet

above sea level within

a period ending seven

(7) months after the

issuance of an operating permit by the Agency.

The running of the seven—month period will be

tolled during any period which operations are

curtailed on the landfill site due to employee

strike or devastation by storm, tornado, fire

or other Act~of God.

“c. During the grade reduction process described

in paragraph b above, Respondents are 

to

apply

daily cover, as described in Rule 305(a) of

Chapter 7 of the Illinois Pollution Control

Board Rules and Regulations (hereinafter ~‘3oard

Rulesu) 

to all exposed cells and material in

the above grade portion of Parcel 2, as well as

to all exposed cells and material in 

the

below

grade excavation into which the above grade

portion 

is to be relocated.

~d, During the grade reduction process described 

in

paragraph b above, Respondents will water the

working area and cells in order to reduce the

dust emission caused by the operation of vehicles

and equipment.

ue. Upon completion of final grading 

of the 7—acre

portion of Parcel 2, the entire 7 acres will

be covered with black dirt and completely seeded

within two months after being brought to grade.

“f. In all events, Rule 303 and Rule 305 of 

the

Board Rules are to be specifically complied with,

as well as all other applicable provisions of

the Board Rules and the Act. No portion of the

landfill site will be abandoned at any time un-

less Board Rule 305(c) is complied with.

“g. The entire site is to be completely circumscribed

with fencing, berm, gates or other adequate

measures to restrict public access within thirty

days after the grade reduction contemplated in

paragraph b above, except that the southern

perimeter of Parcel 2 is to be fenced and the

access road from Circle Avenue is to be gated or

otherwise restricted prior to the issuance of an

operating permit by the Agency.

—

493

The present blacktop road which runs North

from Lake Street to tno south edge of Parcel 2

wijl be maintaired at all times during the con-

tinuation of landfill or quarrying operations at

the site

All interior roads are to be watered or oiled

whenever the dust and wind conditions require

it or whenever reasonably requested to do so

by an employee of the Agency acting within the

scope of his employment.

During all periods of operation of a landfill

on any portion of the site Respondents agree

to retain under contract the service of a re-

putable Vector (sic’ control firm corporation

or individual wtio is to control all activities

necessary to eliminate or control the existence

of rats and other vectors on the site The

vector control firm, corporation or individual

is to subm~ta monthly report of his findings

and

activities to Respondents which are to be

maintained in a file retained at the s~tefor

examination by the Agency as delineated in para~

graph k below

The entire site will be inspected routinely by

a representative of the Agency All records

pertaining to vector control will be made avail-

able to this representative upon request at each

such inspection

1.  The artificial ditch running in a southerly

direction from the site and draining into Meachari

Creek will no longer be used for drainage frorr

the site. ln this respect, a pump heretofore

utilized to pump site water into the aforesaid

ditch will be abandoned and removed The actions

contemplated by this paragraph will be done no

later than two months after any issuance of an

operating permit for the site by the Agency.

~m. Any and all underground fires existing at the

site, and particularly an underground fire dis-

covered during an inspection of the site by an

Agency

representative on November 

26,

1973,

near the Northwest

section of Parcel 2, will be

completely extinguished by excavation or any

practical method prior to the final cover con~

templated in

paragraph e hereof.

~‘n. Respondents agree to a penalty of $15,000 for

the aforesaid violations found to have occurred.~

Payment of this penalty was conditioned on whether the Board has

the authority to establish monetary penalties for violations of

the Act. The Illinois Supreme Court has affirmed the authority

of the Illinors Pollution Control Board to assess monetary

13—494

penalties for proven

violations 

of the

Act

(City of Waukegan v.

PCI

57 111 Zl70~ 

Therefore Respondents shall

pay the 515,000

penalty as specified

in Order 1, nelow.

We hold that Responder~cs have violated Sections 9 (a~

9 (c)

and 21(e) of the Act.

We accept. the Terms cf Settlement contained

V thin tuo Stipu~at3on and Prop )~‘dJ For Settlemcr~

The 1i~,cs o_

many neighbors have been seriously

disrupted but the compliance

program ~1~iil bring about the cessation of pollution.

Tee penalty

is reasonable under the circumstances;

This constitutes

the

find-

ings of fact and conclusions of

law of the 

Board.

IT IS 

THE

ORDER 

the

Pollution Control

Board 

that:

I. Respondents jointly

and severally carry out all

conditions of the

Terms of 

Settlement as contained

in the

Stipulation and Proposal For Settlement made a part of the

December 2 hearing.

Respondents are jointly and severally

liable for the payment

of the $13,000 nenaltv which 

to cc

paid within

35

days

of the 

adoption of

this 

Order. Payment

shall

cc sent

tc

FLSCd 5e~nces ~ect~or~

Prot~crin~

Agency, 2200 Churchill Road, Springfield,

Illinois 62706,

2. Respondents

shall 

cease and a.esost

from all violations

of the

Act

established

in

this Opinion.

I, Christan

L.

Moffett~ Clerk

of the Illinois P~llutionControl

Board, ne~eby certify tl0at

t

above 

Opinron

and

Order wa~ adopted

on the ~ ~day

1974, by 

a vote of

/-

Christan L. 

~4~~tt

—

495