ILLINOIS POLLUTION

CONTROL

BOARD

July

25,

1972

ENViRONMENTAL

PROTECTION

AGENCY,

)

)

)

Complainant,

)

)

PCB

NO.

72-3

)

LOBUE,

INC.

,

an

Illinois

corporation,

)

LOBEJE

EXCAVATING

CO.,

an

Illinois

aorporat

Ion,

FRED

LOBUE,

DOROTHY

LOBUE

)

FOUSHI,

ANTHONY

LOBUE,

CHARLES

LOBUE,

SAMUEL

LOBIJE,

and

the

FIRST

NATIONAL

BANK

OF

CHICAGO

HEIGHTS,

a

bank

chartered

)

by

the

State

of

Illinois,

as

Trustee,

)

)

Respondents,

he

vyn

A,

Rieff.

Assistant

Attorney

General

for

the

EPA

h tenard

Petrarca

,

br

the

Responuents

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Henss)

Respondents

are

the

owners

and

operators

of

two

refuse

disposal

sites

in

or

near

Chicago

Heights,

Illinois.

The

complaint

filed

by

the

Environmental

Protection

~gency

on

January

6,

1972

alleges

numer-

ous

violat

ions

of

the

Environmental

Protect

ion

Act

and

the

Rules

and

hegulat~oi~~fc

Refuse

Disposal

Sites

and

Facilities

at

the

two

sites,

W:i.th

regard

to

Site

#1,

the

Agency

claims

that

Respondents

since

April,

1969,

have

operated

the

site:

(1)

without

a

State

permit

or

:~eg~stratton,

(2)

without

applying

adequate

and

sufficient

cover,

and

(3)

without

proper

loea:1

zoning.

It

is

further

claimed

that

Respon-

dents

have

ignored

topographical

planning

to

the

extent

that

the

grade

of

the

site

has

increased

by

approximately

30

feet

and

is

now

above

the

grade

of

abutting

residential

properties.

With

respect

to

Site

#2,it

is

alleged

that

Respondents

have

opera-

ted:

(1)

without

a

State

permit

or

registration,

(2)

without

applying

adequate

and

sufficient

cover

or

spreading

and

compacting

the

garbage

and

refuse,

(3)

without

having

ac~uate

equipment,

fencing

and

facili—

~ bes

on

the

site,

and

(4)

without

coat

ining

the

dumping

of

refuse

to

the

smallest

practical

area.

It

is

also

alleged

that

oils

and

hazardous

materials

were

deposited

on

Site

~2

without

written

approval

ci

the

Illinois

i)epartment

o:f

Public

Health

or

the

Environmental

Protect

ion

Agency,

5

-

33

---

—2—

The hearing,

scheduled

for

February

28,

1972,

was

continued

because

of

transcript

financing

problems

and

to

permit

settlement

discussion.

A

stipulation

of

facts

and

proposed

order

were

filed

by the parties on July 5,

1972.

The

facts

as

stipulated

are

that

Respondents

own

and

operate

the

refuse

disposal

site

and

have

in

the

course

of

their

contracting,

construction

and

demolition

business

utilized

both

sites

to

dispose

of

foundry

sand

and

demolition

materials

•

Site

#1

has

been

used

in

such

a

manner

on

an

irregular

basis

since

April,

1969

and

Site

#2

has

been

so

used

since

December,

1970.

The demolition materials consist of wood, bricks, wires, glass

and other materials resulting from the performance of contracts

with

municipalities

and

private

contractors

to

demolish

old

and

sometimes dangerous and hazardous dwellings.

Respondents have not taken

any

precautions

to

prevent

the

dis-

posal

of

junk

cars,

appliances,

garbage

and

other

debris

on

each

site

and

such

other

material

has

been

deposited

on

each

said

sites.

After

the

materials

were

deposited,

either

by

Respondents

or

others,

Respondents

spread,

compacted

and

covered

on

an

irregular

basis

leaving

the

refuse

exposed

and

uncovered

for

many

months

at

a

time

on

several

occasions.

Respondents

have

not

at

any

time,

either

before

or

after

the

filing

of

the

Complaint,

registered

with

the

State

or

obtained

any

State

permit

for

the

operation

of

either

site.

However,

Respondents

have

contracted

for

the

necessary

soil

borings

on

Site

#2

and will

apply

for

a

State

permit

for

said

site.

The

deposition

of

foundry

sand

and

demolition

materials

on

Site

#1

has

increased

the

grade

of

said

site

approximately

fifteen

to

thirty

feet

to

a

level

above

the

grade

of

the

residential

property

adjoining

the

site

on

the

north

and

west.

However,

Respondents

have,

as

part

of

the

settlement

here

being

proposed

agreed,

and

have

begun,

to remove fill to the southeast and east of said residences so as to

eltainS any

drainage

problem which may

have

been

caused

said

resi-

dents

Since notice of this suit Respondents have ceased dumping at

both sites.

Equipment has been employed at both sites to clean and cover

and the junk

cars

on the site have been removed.

Gates and some

fencing have been installed at both sites.

Further work as specified

in

the

Order

is

to

be

done

at

Site

#1.

The

settlement

proposed

by

the

parties

would

require

Respondents

to

cease

and

desist

from

depositing

refuse

on

Site

#1,

cease

and

desist

from

depositing

refuse

on

Site

#2

without

a

permit,

remove

and

relocate

the

offending

fill

and

slag

heap,

construct

a

fence

and

take

other

steps

to

prevent

the

accumulation

of

junk

cars,

and

pay

a

penalty of $1,000.00.

5—34

---

We

are

asked only to

judge

the

reasonableness

of

the

proposed

settlement.

The

penalty

is

in

line

with

penalties

the

Board

has

previously

imposed

for

this

type

of

violation.

We

note

that

Respondents

ceased

operation at both sites after the filing of the Complaint and have

made progress toward compliance with the law.

There will be some

expense in the removal of a substantial quantity of fill from Site #1.

The Board finds the settlement to be reasonable and it is approved.

It is hereby ordered:

(1)

Respondents are hereby ordered to cease and desist from

depositing refuse on Site #1.

(2)

Respondents are hereby ordered to cease and desist from

depositing refuse on Site #2 until such time as a permit

for

said

site

is

issued

by

the

Illinois

Environmental

Protection

Agency.

(3)

Respondents

are

hereby

ordered

to

remove fill

from

Site

#1

to

the

east

and

southeast

of

the

residential

properties

adjoining

said

site

as

agreed

upon

by

the

parties.

(4)

Respondents

are

hereby

ordered

to

remove

the

large

heap

of foundry slag and sand presently located on Site #1 in the south-

west

corner

so

as

to

level

the

grade

with

the

surrounding

area.

(5)

Respondents

are

hereby

ordered

to

construct

a

fence

fully

along

the

north property line of Site #l(i.e. 26th Street) so as to

prevent

the

deposition

of

junk

cars

on

said

site.

And,

in

the

event

any

cars

are

introduced

upon

Respondents’

property,

Respondents

shall

remove

same

no

later

than

seven

days

after

notice

from

the

agency.

(6)

Respondents

are

hereby

ordered

to

pay

to

the

State

of

Illinois a

penalty

in the amount of 81,000.00.

Payment shall be by

check payable to the Fiscal Services Division, Environmental Protection

Agency, 2200 churchill Road, Springfield, Illinois 62706.

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

Board, hereby certify the above Opinion

anjl

Order was adopted this

QS’

dayof July, l972byavoteof

q

to

C.

Li

,•

5—35