ILLINOIS POLLUTION CONTROL BOARD

March 22,

1973

ENVIRONMENTAL PROTECTION AGENCY

v.

)

PCB 72—467

N

&

W DISPOSAL COMPANY,

INC.

Samuel Morgan, Special Assistant Attorney General,

for Environmental

Protection Agency

Zenon F. Myszkowski, Attorney at Law, for M

& W Disposal Company,

Inc.

OPINION AND ORDER OF THE BOARD

(by Mr. Seaman):

By complaint filed on December

1,

1972,

the Environmental

Protection Agency

(“Agency”)

charged M

& W Disposal Company,

Inc.

(“M

&

W”)

,

owner and operator of

a certain refuse disposal site

located in the County of Will operating without a permit issued

by the Environmental Protection Agency in violation of Section 21(e)

of the Environmental Protection Act, hereinafter referred to as

“Act.

It is charged by the Agency:

That on or about the following dates, Respondent caused or

allowed open dumping of garbage at said facility in violation

of Section 21(a)

of the Act:

September 21,

1971, September 22,

1971.

That on or about the following dates, Respondent caused or

allowed the open dumping of refuse at said facility in

violation of Section 21(b)

of the Act;

September

21,

1971;

September 22,

1971; November

15,

1971;

and February 11,

1972.

That on or about the following dates, Respondent disposed

of refuse at a

site or facility not meeting the requirements

of the Act and Regulations thereunder in violation of Section

21(f)

of the Act:

May 21 and 27,

1971;

June

7 and 8,

1971;

Scpternber 21 and 22,

1971; November 15, 1971;

January 24,

1972;

and February 11,

1972.

That on or about the following dates, Respondent caused or

allowed the open dumping of refuse at said facility in

violation of Rule

3.04 of Rules for Refuse Disposal Sites

and Facilities, hereinafter referred to as

“Rules,” remaining

in effect pursuant to Section 49(c)

of

the Act:

September 21

and 22,

1971; November 15,

1971;

and February 11,

1972.

7

—

379

---

—2—

mit

at

a:

times

r’~.=sir.t

.

niakc

the

ntwosssry

piys..c.’± .L~provncw:s l~far.’ paci.it

said

facLity

in

oper~ior

in

vioLaton

o

(Lii?

4.0

of

the

twice.

‘hat

01.

or

about

tlic

Ic I

o’r ~.q dwtuc,

F a~pon~

‘nt

tail

t:Q

to

provide

pror:

dasy

tx-er

:c

ntd

aci_il.v

in

vi~Lu..:or

~i

Rub

3.07(a

Jt

tij

r.

.~.

~.v

,

~‘

‘•;

•‘uao

—

md

3,

L97

;

Scptemur r

21,

19

a; ~

~

‘

1,’r

~ni

)er

1Q7

.

Januar” 24, fl’,

.‘..i

~

~:aar

ii,

Is’?.

That on or about taa

~L..w’sng

-“

..•3

:t~.pnn..unt~a

..;:

.zLbo~ed

the

oepos:L.o.. n

5.~..

ds oi

1L.

/

.rthn.s

‘

nc.rL.....s

i

said

facilit~

‘itnout

wrs~ten ~pprort...

nfl

th~

Itqnic’~,

ii

viobOtjOIt

of

tule

r

J2 o~‘-.a

tuie~- dea~cv~.bjr

2

ad 2t,

107

aa

—.

Stat

on

or

aboLt

the

folhw.ittq

let

c,

•‘

~aOJa4

ti.

r

ti .Ld

to

proviie

ac’oqLate

ve’:tor

cnrrl

~t

c

alt’

£

a.f

1tt~

-

qiolflion

cf

.‘ule

3~fl1

-~

e

:asc~: P-.:~r.D

r

.

anc

fl,

1971.

By Stipulation the itespcncent

ad’nits

r

fl

or

..hc

atcr.-qo no

violations with the oxception of

the

last

en~enumerdte-t,

to “it:

Respondents failed to prc’sido dae’jlatc

vcx.ter

control n

nid

facility, in violation c

‘tui.e

;

0’) of

tn:’ s~I’ab:

S ‘ptu.t.but

21

and 22,

1971.

The Respondent, before

t’ia Ilearina OY~cw, proceedeC tc

introduce what he considered

..uitiqa

:ia.~

ci

operate because of his “financial ruin and total collapse’.

Exhibits were introduced by the Respondent fro-r the Will County

1971, and February

7,

1973.

of the City of Joliet During the Year 1968”.

this exhibit was to indicate that apparently fires and vandalism

of an

unknown

origin were damaging the land fill and equipment

of the Respondent.

The Attorney General was quick to point out that the

relevancy of the Grand Jury investigation was highly questionable

because the investigation anti-dated the dates of violation charged

by the Agency against the Respondent.

7—380

---

—3—

En

conc1urn~on,

we

find

that

with

tIc

execution

o

oarnqrapb

10

in

fda

Cosplr

tnt,

all

violetiono

~ern

present

~rs

ran

ted Iv

vs ~tuo

a’

the

Stipulation.

With

roqard

to

one

so—c~ittd

mitigatirq

Oil

flOe’,

too

record

is

replete

with

the

Respondun:

s

deliberabr

v

c~

nti~~s

of

the

:nvironrnental

Protoction

Act

as

eel

IL

as

toe

tu

1

~

for

Pefuso

Uisr)OSal

Sites

and

Fooili

:ioS,

As

ruin iqttltO

ne

a

or..

I

he

: ac:i:

that

he

attempted

to

ontein

a

ne:;

7on~n~ s~ tu~

for

a

propr

rty

hut

was refused.

ho no :

Linuto

to

opera

to

In?

c

rr

as

jul Ls~atinc3

evidence

unvcnlfi~

3

topics

o~ rocorto

ton::

hi

Cai ot~

Ian’

It

Oepartment,

SOTiO

no

:1

oh

oggrova

La

rarher

rr

0

~‘

Iqat

hi

totition.

The

tut~nt:

~.~L\7er

t~

ohfir

a ‘o

irarked

“Complainant

s

Eiifl

II;.

I

sonrcaoc’

tIc

a

~ck

of

rc:ard

the

Respond art

lao

for

the

too i~uomcro

‘iLls

opinion

constitutes

the

Ronrd~

fi ndi:.qs

of

Inc I

a vi

Ur.L

fun: ens of

law

IT

LI

fill

011)11

of

the

Pollution

Control

Board:

L

fojociant

sha

1

pay

to

the

State

of

111±nut:;

ii thin

fin:

Liv

(33)

days

from

the

receipt

of

this

•)rdc:c

,

toe

sue

of

32

t0I)

as

a

penalty

for

the

vio.

stions

found

iE

t~iS

iurc~otdinu

ass

‘vi

forth

on

the

Stipulation

Payment

shall

be

ioa:oe

n

nerfified

check

or

money

order

payable

to

the

Stato

of

Illinois,

onh

:;tal

1

ho

sent

to

Fiscal

Services

hivision,

Illinois

Liivironmenta~

Protection

Agency,

2200

CI

~rchiil

Prs:e,

3pr:n~

told,

1_linois

62706.

2

Respondent

shall

within

ninety

(90)

hap s

frox

the

ha tunrerain

comply

with

all

rules

and

statutory

provisions,

:Lnciudina

tile

obtaaninq

of

all

necessary

permits

with

respect

to

the

oceration

of

a

refuse

disposal

site

and

facility.

3.

Respondent

shall

cease

and

desist

the

aforesaid

violations

and

shalt

close

said

facility

in

accordance

with

the

Act

ann

toe

RLlles

if

said

permit

application

is

denied.

I,

Christan

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board,

certify

that

the

Board

adopted

the

above

opinion

and

Order

mis

~

day

ofr~~, 1973,

by

a vote of

~_b

Christan Moffett, Cle~f

Illinois Pollution Con~l Board

7

—

381

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