ILLINOIS POLLUTION CONTROL BOARD

September

12,

1974

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

CITY OF ROCKFORD,

an Illinois municipal

corporation,

ROCKFORD DISPOSAL SERVICE, INC~, a Delaware

PCB 74-124

corporation,

BROWNING-FERRIS INDUSTRIES OF ROCKFORD, INC~,

a Delaware corporation,

PAUL N~SAHLSTROM,

an individual, and

SAHLSTROM BUILDING PRODUCTS, INC~,an Illinois

corporation,

Respondents

Mr. James M~Jenks,

II, attorney for Comp1ainant~.

Mr. Steven M~McCarthy, attorney for Respondent City of Rockforth

Mr. William E~Collins, attorney for Respondents Paul Sahistrom

and Sahistrom Building

Products,

Inc~

Mr.

Richard Staples,

attorney for Respondents Browning—Ferris

Industries and Rockford Disposal Service.

OPINION

ANI)

ORDER OF

THE BOARD

(by Dr~Odell)

On April

1,

1974,

the Environmental Protection Agency

(Agency)

filed

a Complaint with the Pollution

Control

Board

(Board)

alleging numerous violations of the Environmental Protection Act

(Act)

and the regulations~

The Complaint contained six counts for

violations supposedly occurring from July

1,

1970,

through April

1,

1974~ Complainant specified many dates throughout this period when

violations allegedly occurred.

The alleged offences

resulted from

the improper operation of three refuse disposal sites, i.e~,sites

I,

II, and III,

which

are all proximately located at Peoples Avenue

and Magnolia Street in Rockford, Illinois.

The Complaint charged that Respondents violated Sections 21(a),

(b), and

(e)

of the Act by the open dumping of garbage, by violat-

ing certain regulations regarding landfills,

and by operating sites

I and III without

a permit.

Violations were charged against the

Rules and Regulations For Refuse Disposal Sites

and Facilities

(Rules and Regulations)

as well as alleged violations

of

the Solid

Waste Regulations

(Chapter

7)

,

which superceded the Rules and

Regulations

on

July

27,

1973,

These violations allegedly occurred

regularly and continually from July 1970 through the April

1

filinc’

date for the Complaint and involved poor management practices~

It

was charged, for example, that all three sites failed to provide

13—569

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ROCKIORD DISP SAL ~~ERJlCE

INC.

p~a~ed S te III for

the Ca

j

fram

Jar ~ary 31,

~O72,

o July 17

19~2

Eespnndent SAHL3TROM

EU DOING PRODUCTS

INC. a~~eea~o this use of

the property.

4.

Since July 1,

1970,

in excess of 72,000 tons per year

of residential refuse,

lumber, demolition material, and industrial

waste

(paper and wood pallets) were deposited on all three Sites

during their

~espective periods of operation

“5.

Respondent, CITY OF ROCKFORD, admits to each and every

violation alleged in the Complaint filed in this action and further

admits to, concedes

and assumes

full and sole responsibility there—

for~ Each aad every allegation of said Complaint is hereby in-

corporated by reference herein~

The Tents of Settlement indicate in relevant portions that

---

—3—

“8.

.

,

.

This proposed settlement is expressly conditioned

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.

Lt~ndfillor solid waste disposal activities

have been and will continue

to

discontinued at all three sites.

“b.

The sites will be covered, contoured,

and

graded

in

conformance with the drawing

attached hereto as Exhibit I titled “Contours”

dated June 25,

1974, not later than October 31,

1974.

“c.

Proof Rolling, corrective grading and seeding of

Sites

I,

II

and

III

31, 1974,

including ditch work to the proposed

storm sewer along Harrison Avenue.

“ci.

It is contemplated that SAHLSTROM BUILDING

PRODUCTS,

INC., will utilize Sites

II and

III

as

a storage area.

In that regard granular fill

may be placed on the contours above the 140’

elevation to allow access to machinery and equip-

ment stored on the upper plateau of the area.

Access to

the

depression shown as

115

on Exhibit

1 attached

may

be regraded to allow truck traffic

access to an incinerator at this location for the

purpose of ash removal.

Existing slopes on the

southeast quarter of the perimeter and adjacent to

a gravel mixing operation and a well site will be

reduced by October

31,

1974,

by cutting back and

refilling that area.

Road access will be permitted

on the west side of the

well

site.

The City will

provide the Agency with interim reports regarding

each of the activities to be conducted pursuant to

this paragraph.

The reports should be submitted

one month prior to each such undertaking and should

include the beginning date,

the completion date and

a description of the activity to be so conducted.

“e.

Respondent, CITY OF ROCKFORD agrees to pay a

penalty of $15,000 for the violations admitted to

in paragraph

5 above.

Respondent, BROWNING-FERRIS

INDUSTRIES OF ROCKFORD, INC.,

agrees to indemnify

Respondent CITY OF ROCKFORD in the amount of $8,500.

The City in consideration of the aforesaid $8,500

agrees to hold harmless,

save,

and indemnify

Respondent BROWNING-FERRIS

INDUSTRIES OF ROCKFORD,

INC.,

for any expenses or costs of closure or any

cost of compliance with this settlement

as well

as any future expenses which arise due to the

13

—571

---

this agreement as well as expenses arising from

any other cause.

“fr

No violation or liability is to be

found or

assessed as

to Respondents BROWNING-FERRIS

INDUSTRIES

OF ROCKFORD,

INC., ROCKFORD DISPOSAL

SERVICE,

INC., PAUL N.

SAHLSTROM,

or SAHLSTROM

BUILDING PRODUCTS,

INC.

“g.

The City and Respondent SAHLSTROM BUILDING PRODUCTS,

INC.

agree that all garbage,

debris, and other

materials will be removed from the SAHLSTROM

BUILDING PRODUCTS,

INC. property in the area of

the incinerator referred to in sub-paragraph

(d)

above and disposed of in conformance with the

law by October 31, 1974,”

We accept the Stipulation and Proposal For Settlement entered

into among the parties.

We find that the City of Rockford has

violated the Act and regulations as set out in the Complaint.

We

accept the Settlement for the following reasons.

First, although

violations have been numerous and long—standin

,

illegal operations

have now ceased, and a clean—up program is underway, Second,

no

citizens objected to the Settlement reached by the parties.

in the

absence of comment we can only assume that the public interest is

adequately protected.

Third, the penalty is adequate.

Continuous

and seemingly willful violations over several years might sometimes

warrant a more severe penalty, but the Board tends to be lenient to-

wards municipalities, because taxpayers’

money can be better spent on

pollution control than on penalties.

We note that Respondents City of Rockford and Browning-Ferris

Industries of Rockford,

Inc. agree to indemnify one another as in-

dicated in point e of the Terms of Settlement.

While we approve this

indemnification as part of their agreement,

it should be clear to

the parties that any remedy for breach of this provision lies with

the courts rather than with this Board.

This constitutes the findings of fact and conclusions of law

of the Board.

ORDER

IT

IS THE ORDER of the Pollution Control Board that:

1.

Respondent City shall cease and desist from violating

those sections of the Act and regulations established in this

Opinion.

2.

The parties shall carry out the Terms of Settlement

agreed to at the July 25 hearing as set out in full in the signed

Stipulation and Proposal for Settlement received by the Board on

Auqust 7,

1974, and as essentially set out in this Opinion.

13—572

---

3,

Respondent

City

shall

pay

a

penalty

of

$15,000

for

the

violations

of

the

Act

and

regulations

found

in

this

Opinion.

Pay-

ment

shall be by certified check or money order made payable to

the

State

of

Illinois,

Fiscal

Services

Division,

Environmental

Protection

Aqency,

2200

Churchill

Road,

Springfield,

Illinois

61706,

Payment

shall

be

made

within

35

days

of

the

adoption

of

this

Order.

I,

Christan

L.

3 offett,

Clerk

of

the

Illinois

Pollution

Control

Board,

hefeby

certify

~aat

,the

above

Opinion

and

Order

was

adopted

on

the~

day of~

1974,

by

a

vote

of

~

toQ.