ILLINOIS POLLUTION CONTROL BOARD
    July 18, 1972
    ENVIRONMENTAL PROTECTION AGENCY
    v.
    )
    PCB 72—71
    AIRPORT LANDFILL,
    INC.
    )
    Larry
    R.
    Eaton, Assistant Attorney General for the EPA
    Richard R.
    Gruminon, Esq.,
    for the Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    The respondent is the owner and operator of a landfill near
    Springfield,
    Illinois.
    The complaint in this case alleges numerous
    specific violations of both the Environmental Protection Act and
    the Rules and Regulations for Refuse Disposal Sites and Facilities,
    including operating without a State permit, failure to confine refuse
    to the smallest practical area,
    failure to provide adequate measures
    to prevent blowing litter at the site and failure to provide daily
    and final cover.
    The respondent filed a motion to dismiss the
    complaint,
    which we denied June 20.
    Thereafter,
    on June 27,
    1972,
    a stipulation and proposed order
    was filed by both parties.
    The stipulation provides that the respon-
    dent will immediately apply for a proper State permit for the operation
    of the landfill site, pursuant to Section 21
    (e)
    of the Act and that
    the respondent will do all such things that are necessary and reasonably
    within its ability to obtain said permit at the earliest possible date.
    The stipulation further states that the respondent has made
    every reasonable effort to correct the alleged violations and that
    it will continue to make every reasonable effort to cease and desist
    from any further violations
    of the Act or Rules.
    The respondent
    agrees to pay as a penalty for the alleged violations the sum of $800
    upon entry of the agreed order.
    It is also stipulated that so long as reasonable efforts are
    made to comply in all respects with the terms of the stipulated order,
    the respondent shall at no time be required to cease operation of the
    aforesaid landfill site.
    The Board finds that the stipulation and agreed order are
    reasonable and acceptable in this case.
    We feel that perhaps
    a
    greater penalty would be more appropriate but we will accept the
    5—9
    stipulated amount because of the immediate steps which already have
    and will be taken by the respondent to achieve full compliance.
    This opinion constitutes the Board~sfindings of fact and
    conclusions of law.
    ORDER
    It
    is
    hereby ordered:
    (a)
    That respondent shall apply immediately to the Environmental
    Protection Agency to obtain a permit for the operation of the aforesaid
    landfill site,
    and do all such other acts as shall be necessary and
    reasonably within the power of Respondent to do,
    to
    obtain
    such
    permit
    at the earliest possible date.
    (b)
    That respondent shall cease and desist from any and all
    known
    violations
    of
    t.he
    Environmental
    Protection
    Act
    and
    of
    the
    Rules
    and
    Regulations
    for
    Refuse
    and
    Disposal
    Sites
    and
    Facilities.
    (c)
    That
    within
    thirty—five
    (35)
    days
    of
    the
    entry of this
    Order,
    respondent
    shall pay
    a
    penalty
    of
    $800.00
    for
    alleged
    past
    violations
    set
    at
    said
    landfill
    site,
    to the
    State
    of
    Illinois
    and
    send
    same
    ho the Fiscal Services Section of the Environmental
    Protection Agency,
    2200 Churchill Road~Springfield,
    Illinois.,
    (d~
    That so long as all reasonable efforts are made
    to
    comply
    in
    all respects with the terms
    of
    this
    Order,
    respondent
    shall
    at
    no time he required to cease operation of
    the
    aforesaid.
    landfill
    site,
    (e)
    That
    upon
    the
    entry
    of~~~his
    Order
    in
    this
    matter,
    all
    rights,
    duties
    and
    obligations
    of
    the
    parties
    hereto
    and
    arising
    out
    of
    this
    Complaint
    shall
    deem
    to
    have
    been
    adjudicated.
    I,
    Christan
    L,
    Moffeth,
    Clerk
    of
    the
    I:Llinois
    Pollution
    Control
    Board,
    hereby
    certify
    the
    above
    Opinion
    and
    Order
    was
    adopted
    cr~
    thejL~
    dcv
    of
    July,
    1972
    by
    a
    vote
    of&~.
    Christan
    L.
    Moffet
    erl
    Illinois
    Pollution
    trol
    Board
    POLLUTION CONTROL BOARD
    ORDER
    Opinion
    & Order
    PCB72—7l
    I CONCUR
    I DISSENT
    1)c
    rid
    P.
    Currie
    David
    P.
    Currie
    Chairman
    Chairman
    ~
    ____
    Samuel R. Aldrich
    —*
    Samuel R. Aldrich
    Board
    Menher
    Board
    Member
    ç~~i
    ~r~2)i~
    _
    _
    /
    J/icobTh7Th~umc1T~
    Jacob5TThumellc
    C
    ~oard
    Member
    Board
    Norher
    na
    d
    A.
    Ilenss
    Donaici
    A.
    Henss
    Board
    Member
    Board
    Member
    ~
    Samu~.
    Lawton,
    Jr.
    Board Member
    Board Member
    July 18, 1972
    DATED:

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