ILLINOIE’ POLLUTION CONTROL BOARD

May 10, 1973

ENVIRONMENTAL PROTECTION AGENCY,

c~~xuplainant,

V.

)

PCB 73-49

AURORA BLACKTOP COMPANY,     

)

Respondent.

Samuel Morgan, Special Assistant Attorney General and Michael

A. Benedetto, Jr., Assistant Attorney General, on behalf of

Complainant;

3.

Robert Murphy on behalf of Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Seaman):

The Aurora Blacktop Company (“Respondents’) is charged

with numerous violations of the Illinois Environmental Pro-

tection Act (“Act”) and the Rules and Regulations for Refuse

Disposal Sites and Facilities (“Rules”) in the operation of

a refuse disposal site located in the City of Aurora and the

County of Kane.

The only evidence submitted to the Board is a Stipulation

which reads as follows:

“It is stipulated and agreed by and between the parties

hereto, through their respective counsel, to—wit:

3.

Robert Murphy on behalf of Aurora Blacktop, Inc.,

respondent herein, and Samuel Morgan and Michael A.

Benedetto on behalf of the complainant herein, that

without concessions or admissions by either party as

to the truth or falsity of the allegations contained

in the complaint the respondent shall cease and desist

henceforward from open dumping of refuse, the deposi-

tion of refuse in standing water, and any other conduct

in violation of the Environmental Protection Act of the

State of Illinois, it being understood that respondent

does not by this stipulation in any way admit that any

such violations have occurred.”

The stipulation was filed before the Hearing Officer and

received on March 26, 1973. There was no testimony offered by

either the Petitioner or the Respondent. We must conclude

that the charges in the complaint were not supported by

sufficient evidence.

7

—

757

—2—

Accordingly, all charges are dismissed. However, we

hold the Respondent strictly to his Stipulation.

This opinion constitutes the findings of fact and conclu-

sions of law of the Board.

IT IS THE ORDER of the Pollution C~ntrolBoard that:

The Respondent shall cease and desist instanter trom

open dumping of refuse, the deposition of refuse in standing

water, and any other conduct in violation of the Environ-

mental Protection Act of the State of Illinois as well as all

of the Rules and Regulations for “Refuse Disposal Sites and

Facilities”.

We further order the Agency to make an immediate

investigation of the premises herein referred to.

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

Board, certify that the above opinion and order was adopted by

t1~eBoard on the 

/c~”

day of 

(Y~

1973, by a vote of

toO

eJj~ib’-

— 758