ILLINOIS
POLLUTION
CONTROL
BOARD
July
18,
1972
THE
ILL INOI S
ENV
IRONMENTAL
PROTECTION
AGENCY
PCB
71—240
CITY OF CHICAGO HEIGHTS
~4r.
Melyn
A~ ~ieff
for
the Environmental Protection Agency
Mr.
Frank
I.
Giowacki
for the Respondent
Oninion
and Order
of
the Board
(by
Mr.
Aldrich)
The
Environmental
Protection
Agency
filed
a
complaint against
the
City
of
Chicago
Heights
on
Auausb
LI,
L971
ailecinc;
numerous
vio-
lations
of
the
Environmental
Protection
Act
and
of
the
Rules
and
Regulaticns
for
Refuse
Disposal
Sites
and
Eacilities.
The
O~ty
of
Chicaco
Heights
has
owned
and
operated
for
more
than
30
years
a
refuse
disposal
site
known
as
the
Chicago
Heights
Dump
near
the
Corporate
limits
of
Chicago
eights
and
South
Chicago
Heights.
The
Acencv
alleged
that
Respondent
violated
the
Act
and
the
RUleS
and
Regulations
by
operating
the
site:
(1)
Wltriout
fLrst
having
obtained
a
permit;
(2)
Allowing
the
open
dumpinc
of
garbage
and
other
refuse;
(3)
Without
adequate
operational
roads;
(4)
Without
confining
the
dumping
of
refuse
to
the
smallest
practical
area;
(3)
Withoct
spreading
and
compacting
refuse~
and
(6)
Without
providing
and
applying
co-var
material
it
was
further
alleged
that
open
burning
was
allowed
on
thirteen
occasions
and
that
dumping
of
sewage,
solids
and/or
:Lieuid
garbage
into
an
unnamed
tributary
of
Thorn
Creek
was
caused;
allowed
or
threatened.
Prior
to
a
hearing,
the
parties
met
and
agreed
to
a
stipulation
and
proposed
settlementS
The
hearing
on
June
9;
1972
was
mainly
to
receive
the
statement
from
the
parties.
The
parties
stipulated
en the
following
facts:
1.
The
respondent
is
a
municipal
corporation
and
is
the
owner
and
operator
of
a
refuse
disposal
site
which
had
been
utilized
by
the
City
for
more
than
30
years
for
the
dumping
of
garbage
and
other
re-
fuse
and
in
that
connection
open
dumping
had
been
—2—
permitted without spreading and compacting the
refuse or applying suitable cover.
2.
The Respondent did operate said site without a
permit until one was received on november 30,
1971,
for an adjacent site.
3.
Respondent has spent over $100,000.00 in purchasing
equipment and compacting the refuse and garbage
and applying suitable cover to the area indicated
in Complainant’s Amendment to the Complaint.
4.
The incidents of open burning on the dates alleged
are not denied.
However, there have been no inci-
dents of open burning since the last date indicated
in the Complaint, namely May 27,
1971.
5.
Municipal refuse is now handled in accordance with
all laws pertaining thereto on
a solid waste dis-
posal site consisting of 15.5 acres pursuant to
permit dated November 30,
1971,
copy of which
is
attached hereto and made a part hereof.
The parties proposed three conditions as settlement in this case:
a cease and desist order from open dumping, leveling and covering
of the area,
and a penalty of $2,500.
A check for $2,500 was deposited
with the Agency in anticipation of acceptance of the conditions of
the Stipulation by the Board.
We are asked only to judge the reasonableness of the proposed
settlement.
The alleged violations if accurately described were flagrant and con-
tinued unabated from the date of the Act, July 1,
1970 until
May 27,
1971 in the case of open burning and to November 30, 1971
in the matter of a permit.
On the other side, Respondent has spent
over $100,000 for equipment and in packing and covering the material
on the site and is now in full compliance on an adjacent site with
all pertinent provisions of the Act and Rules and Regulations.
Though prompt payment of penalties is to be encouraged, we think it
somewhat irregular for Respondent to anticipate Board acceptance
of the proposed settlement by depositing the penalty check with the
Agency at the time of the hearing.
We hereby accept the provisions of the proposed settlement and they
are so ordered.
5—4
—3—
ORDER
1.
The City of Chicago Heights shall cease and desist the open
dumping of garbage and other refuse and all other violations
of
the Environmental Protection Act and Rules and Regulations for
Refuse Disposal Sites and Facilities at its site east of a
drainage ditch in the area outlined in green on a print attached
to the statement submitted by the Parties.
2.
The City of Chicago Heights shall complete the leveling and
covering of the disposal site at the earliest practicable
date and shall report completion of the program to the 1~gency.
3.
The City of Chicago Heights shall, for past violations, pay a
penalty of $2,500 to the State of Illinois and send same to
the Environmental Protection Agency,
Fiscal Services Division,
2200 Churchill Road,
Springfield,
Illinois 62706.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,
he1eby certify that the above Opinion and Order was adopted this
/ff~~~y
of July,
1972,
by a vote of
J
to
0
~
~
5—5