ILLINOIS POLLUTION CONTROL BOARD

October 11, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 71—381

RAYMOND A. PETERSEN and PETERSEN

SAND

& GRAVEL,

INC.,

)

Respondents.

ORDER OF THE BOARD

(by Mr. Seaman):

On

September

12,

1973,

Respondents in the above

captioned cause filed

a Motion requesting that the

Board reconsider its Opinion and Order entered on

August 23,

1973.

Respondents argue that the Board’s Opinion of

August 23, 1973 was based upon a Stipulation and Proposal

for Settlement entered into between the respective parties

on June 12,

1972 and that said Stipulation had been

superseded and rendered inoperative by a subsequent

Stipulation of Facts entered into on July 10,

1973.

It is noted that, by paragraph 9 of the July

10,

1973

Stipulation of Facts, Respondents admit violation of

Rules 506 and 507

(a)

of the Refuse Rules in that Respondents’

method of spreading,

compacting and covering were unsatis-

factory.

Respondents also admit, by paragraph

3 of the July 10,

1973 Stipulation of Facts,

to violation of Section 21

(e)

of the Environmental Protection Act in that Respondents

operated a refuse disposal site without a permit from

the Agency.

On August 8,

1972, the Board entered an interim

Opinion and Order in this cause.

We observed therein

(pages

2 and 3)

as follows:

In addition we feel that the violation of operating

for years without a State permit is particularly

serious.

The permit process serves two important

429

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—2—

functions in the prevention

of pollution:

First

the filing of a permit application gives the

Agency the opportunity to investigate the

situation to determine whether the future operation

of the activity will be done

in a manner so

as to cause

a minimum amount of environmental

contamination.

Second, once a permit

is issued

the Agency has actual knowledge that the activity

is being conducted and therefore

is

in

a position

to make routine periodic field investigations to

determine whether the activity is being conducted

in violation of the pollution laws and regulations.

The Board

is not disposed to disturb its findings

as to violation of Rules 506 and 507

(a)

of the Refuse

Rules or Section 21

(e)

of the Environmental Protection

Act and our Order of August 23, 1973 shall remain as

stated.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois

Pollution Control Board certify that the above Orde

was adopted by the Board on the

/(~“

day of

____________

1973 by a vote of

4

to

p