ILLINOIS POLLUTION CONTROL BOARD
April 16, 1981
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
v.
)
PCB 78—186
ERNEST E. HARTMAN,
Respondent.
MR. VINCENT MOPETH, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
MR. NOLAN C. CRAVER, JR., MIDDLETON & CRAVER, APPEARED ON
BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD (by D. Satchéll):
This matter comes before the Board upon a complaint filed
July 20, 1978 by the Illinois Environmental Protection Agency
(Agency) naming as respondent Ernest E. Hartman (Hartman)
.
The
complaint alleges violation of Section 21 of the Environmental
Protection Act (Act) and the final cover provisions of Rule 305(c)
of Chapter 7: Solid Waste. A public hearing was held April 28,
1980 in Urbana. The Agency presented testimony and exhibits.. A
second hearing was held on August 28, 1980, at which tii~ethe
parties presented a stipulation and proposal for settlement. The
Board has received no public comments and there is no indication
of public participation in either héàring.
Hartman owns a site within the E 1/2 of the SE 1/4 of
Section 22, T 19 N, R 10 E of the 3rd P.M., Champaign County.
At one time Hartman operated a six acre solid waste disposal
site at this location. Hartman contends that operations ceased
on or about July 15, 1974; the Agency contends that operations
continued into August of that year. The parties have stipulated
that the facility began operation in 1966 and “was terminated
by August, 1974
“
(R 131). Chapter 7 became effective July 27,
1973. Hartman never had an Agency permit for the site.
Sections 21(a) and 21(b) of the Act prohibit ~en dumping.
Rule 305(c) requires the placement of two feet of final cover
over a landfill within 60 days of placement of refuse in the
final lift, unless otherwise authOrized by Agency permit. The
parties have stipulated that ffartman has not placed final cover
on the site and that no other practice has been authOrized.
Exposed refuse remains on the site.
—2—
The parties have stipulated that “minimal leachàte” has
occurred which flows directly into the Salt Fork River. This
is tributary to the Middle Fork of the i~7ermilionRiver and the
Wabash River. The Board notes that final cover is intended,
among other
things, to prevent leachate production by reducing
the flow of water through the refuse.
Hartman has admitted violation of Sections 21(a) and 21(b)
of the Act and Rule 305(c) of Chapter 7. The parties have agreed
to a compliance plan and a $100 civil penalty. The compliance
plan will be set forth in the Order.
In mitigation it is stipulated that Hartman has not made sub-
stantial profits as a result of his failure to comply. At one time
since the site was closed Rartman became ill and incurred unforeseen
medical expenses. However, Hartman received notice •of non—compli-
ance prior to this time and f~i1edto act. As a result of the non-
compliance, the site bebame a potential hazard to the health,
general welfare and physical property of the people of the State of
Illinois. The failure to comply seriously diminishes the social
and economic value of the site and detracts from its suitability
regarding geOgraphic location.
Hartman has recently taken steps to bring the site into
compliance.
He has hired independent contractors to place and
grade the final cover and to conduct any needed sampling.
The Board has required that with the description of the site
Hartman record the name of the hOlder of record title (Rule 318).
The mere description of the site is insufficient to give notice
to purchasers in downstate counties where real estate •is usually
indexed only by the names of the grantor and grantee (Ill. Rev.
Stat. 1979, ch. 115, Section 12).
The Board finds the stipulation and settlement acceptable
under Procedural Rule 331. The Board finds Hartman in violation
of Sections 21(á) and 2l(b)~of th.e••Act and Rule 305(c) and finds
that the $100 penalty is neOessary to aid enforcement of the Act.
In making its decision the Board has considered the factors
enumerated in Section 33(c) of the Act.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1. Respondent Ernest E. ffartman is in violation of Section
21(a) and Section 21(b) of the Environmental Protection Act and
Rule 305(c) of Chapter 7: Solid Waste.
—3—
2. Respondent shall place and grade the required final
cover on or before Septexr~ber1, 1980.
3. Respondent shall cease and desist further violations of
Section 21 of the Act and Chapter 7.
4. Respondent shall monitor the three monitoring wells at
the site, beginning after certification of closure by the Agency
and continuing for three••yeárs.
5. At the monitoring wells Respondent shall monitor the
following parameters: ammonia, boron, chemical oxygen demand, iron
and total dissolved solids. The frequency of sampling shall be
determined by the Agency.
6. Respondent shall also monitor the surface water in the
Salt Fork River at two monitoring points. One point shall be
upstream of the site and another point shall be downstream of the
southern boundary of the site. The exact location shah be deter-
mined by Agen.~y’~~~rsonnel.At each point Respondent shall monitor
the following parameters: boron, iron and total dissolved solids.
The frequency of sampling shall be determined by the Agency.
7. Samples shall be tested by a certified laboratory.
Quarterly results shall be submitted to the Agency on the 15th day
of January, April, July and October.
8. During the three year monitoring period, Respondent shall
cover and control any areas on the site •where leachate is found to
exist.
9. Respondent shall file with the Champaign County Recorder’s
Office a detailed description of the site, including a plat showing
the location of refuse, within forty-five days after entry of the
Board’s Order. The description shall include the name of the current
holder of record title.
10. Within forty-five days of the date of this Order Respondent
shall submit to the Agency a copy of an exebuted agreement entered
into between Respondent and a company of Respondent’s choosing
which is capable of adequately performing the above referenced tests,
sampling and monitoring functions.
11. Respondent will pay a civil penalty of $100 within forty-
five days of the date of this Order, by certified check or money
order, payable to the State of Illinois, which is to be sent to:
—4—
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, her~~certify the above Opinion and Order were
adopted on the
/~
day of
_______,
1981 by a vote of
~
ChristanIllinois L.PollutionNoffettClér1Control 9~
Board
