ILLINOIS POLLUTION CONTROL BOARD

August 23, 1973

.E~NVIRONMENTAL 

PROTECTION

AGENCY,

Complainant,

)

PCB 73—75

FOSCHI DISPOSAL SERVICE, INC.

and

FOSCIlI BROThERS, INC.

Respondents.

OPINION AND ORDER OF THE BOARD (by 

Mr. Seaman)

On February 23, 1973, the

Agency filed Complaint against

i~espondents, Foschi Disposal Service, Inc. and Foschi Brothers,

Inc., which own and operate

a refuse disposal site located in

Jolict, County of

Will, Illinois. The Complaint charges the

following violations:

1. violation of Section 21, subparagraph (e) of the

Environmental Protection Act by failure to have a

permit for the operation of the refuse disposal site;

2. violation of Section 21(b) of the Act and Rule 3.04

of the Rules and Regulations for Refuse Disposal Sites

and Facilities of the Division of Sanitary Engineers

of the Department of Public Health of the State of

Illinois by causing or allowing open dumping of refuse;

3. violation of Rule 4.03, subparagraph (a) and Section

21, subparagraph (b) by failing to have adequate

fencing to control access to the site;

4. violation of Rule 5.03 and Section 21, subparagraph (b)

of the Act by failing to confine the dumping of refuse

to the smallest practical area;

5. violation of Rule 5.05 and Section 21, subparagraph (b)

of the Act by failure to provide sufficient equipment

in operational condition to permit the operation of a

landfill according to any approved plan;

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6. violation of Rule 5.06 and Section 1, subparagraph

(b) of the Act by failing to properly spread refuse

admitted to the site;

7. violation of Rule 5.07, subparagraph (a) and 21(b)

of the Act by failing to provide adequate daily cover.

This cause has come before the Board with a Stipulation

And Proposal For Settlement entered into between the respective

parties. By said Stipulation, Respondents admit to the operation

of their refuse disposal site without first having obtained a

permit (paragraph 3). Respondents are not in the business of

refuse pick-up and disposal; the items that were dumped were all

materials that were destroyed in the wrecking of buildings in the

course of Respondents’ wrecking business (R. 5)

As a result of the discovery undertaken by the parties, and

pre-hearing conferences, each party believes that the public

interest will be best served by the resolution of the action

under the terms and conditions set forth in the Proposal For

Settlement.

Respondents have agreed that the numerous photographs sub-

mitted by the Agency truly and accurately depict the condition of

Respondents’ refuse disposal site on the dates indicated thereon.

T~~.photoqraphsillustrate the violative nature of Respondents’

o~erat~on.

Respondents have prepared a program whereby it will immediately

cease and desist from any use of its site for the dumping of refuse

and, further, will cover the site to a minimum depth of two feet by

October 1, 1973.

Respondents’ Exhibit A, three anal photographs of the site

taken July 16, 1973, show that Respondents are quite near compliance.

This Board is, therefore, disposed to approve the terms of the

Stipulation And Proposal For Settlement submitted by the parties.

This Opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that Respondents

shall:

1. Cease and desist from violation of the Rules and Regulations

for Refuse Disposal Sites and Facilities and applicable

sections of the Illinois Environmental Protection Act.

2. Completely cover their refuse disposal site to a minimum depth

of two feet, and shall in addition return such site to its

natural condition on or before October 1, 1973.

9—74

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3. Pay to the State of Illinois the sum of $1,000 within

35 days from the date of this Order. Penalty payment by

certified check or money order payable to the State of

Illinois shall be made to: Fiscal Services Division,

Illinois Environmental Protection Agency, 2200 Churchill

Road, Springfield, Illinois 62706.

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

Control Board, certify that the ab ye Opinion and Order

was adopted by the Board on the~?~3”dayof 

________,

1973,

byavoteof 

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