ILLINOIS POLLUTION CONTROL BOARD

August

23,

1973

ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 71—381

RAYMOND

A.

PETERSEN

and

PETERSEN

SAND

&

GRAVEL,

INC.,

Respondents.

Lee A.

Campbell,

Assistant Attorney General,

on behalf

of

Complainant;

Kenneth

U.

Glick on behalf of Respondents.

OPINION AND ORDER

OF THE BOARD

(by Mr.

Seaman)

On December

9,

1971,

the Agency filed Complaint against

Respondents,

Raymond A.

Petersen,

an

individual,

and Petersen

Sand and Gravel,

Inc.,

an Illinois Corporation.

Raymond A.

Petersen has been since 1952 and continues

to be

the owner

of

approximately

twenty acres of

land located

in Libertyville

Township,

Lake County,

Illinois.

The

Agency alleges that the Respondents operated a refuse

disposal

site on the above—mentioned property,

from July

1,

1970

to

the date of

the close

of

the record, without first

having obtained

a permit

for

said operation from the Agency,

in violation

of Section

21(e)

of the Environmental Protection

Act,

Ch.

111—1/2,

~1021(e),

Ill.

Rev.

Stat.,

(Supp.

1970).

The Complaint

further alleges that since July

1,

1970,

and

continuing

to

the

iate of the close

of the record herein,

and

particularly

including, but not limited to September

3,

1971;

September

8,

1971;

September

22,

1971;

and October

12,

1971,

Respondents committed

the following violations:

(1)

caused or allowed open dumping of refuse,

in

violation of Section

21(a)

of

the Act and Rule

304

of

the Refuse Rules;

(2)

failed

to confine dumping

of refuse on

the site

to

the smallest practical

area,

in violation

of

Rule

5.03

of

the Refuse Rule;

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—2—

(3)

failed to spread and compact refuse as rapidly

as refuse was admitted to the site,

in violation

of Rule

5.06 of the Refuse Rules;

(4)

failed to cover all exposed refuse at the end

of the day with

a compacted layer of at least

six

(6)

inches of cover material,

in violation

of Rule 5.07(a)

of the Refuse Rules;

(5)

caused or allowed refuse to be deposited in

standing water in violation of Rule

5.12(c)

of

the Refuse Rules;

(6)

caused,

threatened, or allowed contaminants

to

be deposited upon the land in such place and

manner so as

to create

a water pollution hazard,

in violation of Section 12(d)

of the Act.

By

a Stipulation And Proposal For Settlement entered into

by the respective parties on July 12,

1972,

Respondents admit

to all of the violations of the Act and Refuse Rules as charged.

Beginning sometime in 1955,

Respondents began allowing

various customers and others to dump waste materials on a portion

of the subject property.

No dumping of refuse has taken place

on the subject property subsequent

to the first Agency investiga-

tion.

The dumping of refuse which had occurred prior

to the Agency

investigations was from the top of

a pit down

a steep slope.

The positioning of the refuse on the side slope of the pit made

it extremely difficult to spread and compact and to apply daily

cover.

Thousands of cubic yards of cover have been applied by

Respondents to the refuse but much of the cover washed down into

the pit and of~the refuse.

The Respondents have made repeated

efforts since the first Agency inspection on September

3,

1971

to cover the accumulated and exposed refuse.

The details on the proposed compliance by Respondents are:

(1)

Respondents represent:

That the site will be

closed to any further acceptance of refuse until

such time as

it

is in compliance with applicable

local ordinances and obtains

a permit from the

Agency.

(2)

Respondents represent:

That all refuse has been

properly covered, and if a wash off of cover occurs,

any exposed refuse will be promptly covered.

9—54

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—3—

(3)

Respondents represent:

That whatever refuse

remains in standing water,

if any,

or in such

a position as

to be

a water pollution hazard,

will be promptly removed.

This Opinion constitutes the findings of fact and conclu-

sions of law of the Board.

IT

IS

THE

ORDER

of

the

Pollution

Control

Board

that

Respondents

shall:

(1)

close

the

site

to

the

acceptance

of

any

further

refuse

until

such

time

as

Respondents

have

complied

with

applicable

local

ordinances

and

also obtained a permit from the Agency.

(2)

completely

cover

any

refuse

which

becomes

uncovered

due

to wash off of cover and to remove

any

refuse

which

remains

in

standing

water

or

which

poses

a water pollution hazard.

(3)

cooperate in

future

inspections

of

this

site

by

the

Agency,

in

order

to

assure

compliance

with

the applicable statutory

and

regulatory

standards.

(4)

install

a monitoring

well

at

a location to be

selected by the Agency.

(5)

pay to

the

State of Illinois, within 35 days from

the

date of this Order,

the sum of $1000.

Penalty

payment

by

certified

check

or

money

order

payable

to the State of Illinois shall be made to:

Fiscal

Services Division, Illinois Environmental Pro-

tection Agency,

2200 Churchill Road,

Springfield,

Illinois

62706.

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

Board, certify that the above Opinion and Order was adopted by

the Board on the

c~J~

day of

—,

1973, by a vote

of

‘3

to

~

9

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55

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