ILLINOIS POLLUTION CONTROL BOARD

February 11, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—261

VERNON POPKINS and P.

K. McGINNIS,

)

Respondents.

Ms. Joan

C. Wing, Assistant Attorney General, Attorney for

Complainant

Mr. William B.

Petty, Main

& Rapp, Attorney for Respondents

OPINION AND ORDER OF THE BOARD

(by Mr. Young):

On July

3,

1975, the Environmental Protection Agency

(Agency)

filed a Complaint against Respondents alleging development and

operation of

a solid waste management site without the necessary

permit in violation of Rule 202(a)

of the Solid Waste Regulations,

and Sections 21(b)

and 21(e)

of the Environmental Protection Act.

The Complaint alleged such violation from October

9,

1974 until

July

3,

1975.

A hearing was held on October

3,

1975,

in Mt.

Carroll,

Illinois.

Lawrence Marques, a landfill inspector for the EPA’s Division

of Land Pollution Control,

testified that he visited the site which

is the subject of this case on October

9,

1974.

(R. 7).

Marques

observed refuse disposed on the ground and not properly covered

and spoke with Mr. Popkins informing him of the violations on the

site and the need for an operating permit.

(R.

8).

Marques left

a copy of the inspection report with Popkins and also prepared a

followup letter for Popkins and McGinnis again pointing out con-

ditions found at the site.

(R.

14).

Robert Rocha testified that he was a supervisor

for the EPA’s

Division of Solid Waste Disposal, and visited the site on November

8,

1974, and again on January

8, 1975,

finding the same general

conditions

as noted previously.

A followup letter was also pre-

pared and mailed after the site inspection of January 8,

1975.

(R.

35).

Rocha also spoke with the Respondents by phone informing

them of the necessity for a permit.

The site was again inspected

by Rocha on February

3,

1975 with a followup letter again mailed to

the Respondents.

20—25

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—2—

Mr. Popkins was called as

an adverse witness by Complainant

and admitted he had operated the site since June of 1974, was

aware of the necessity for an operating permit,

but had not filed

a permit application because he could not financially afford it.

(R.

67,

68).

He further admitted that the site was not closed

until some time around July

4,

1975.

(R.

72).

Mr.

McGinnis was also called as an adverse witness and ad-

mitted to being the owner of the site in question.

(R. 76).

MC-

Ginnis admitted he knew of the necessity for an operating permit

but had not followed through to make sure the application was

submitted to the Agency.

(R.

78,

79).

The evidence is uncontroverted that the site was in operation

as

a landfill without a permit from October

9,

1974 until July

3,

1975.

The Board finds that Respondents, Popkins and McGinnis,

have violated Rule 202(a)

of the Solid Waste Rules and Regulations

from October

9,

1974 until July

3,

1975,

as charged in the Complaint.

In addition, the Board

finds that Respondent Popkins has violated

Section 21(e) of the Act.

No violation of Section 21(b)

of the Act

has been shown here; that section of the Complaint alleging open

dumping must be dismissed.

The only question that remains is the amount of the penalty.

The presentation of Respondents’

case in chief related primarily

to a showing of mitigating circumstances.

Mr. McGinnis stated

the Mayor of Thomson and Mr. Popkins sought his permission to use

the land because the Village did not have any other place to dispose

of the refuse.

(R.

76).

McGinnis had never previously allowed

his

land

to be used as a landfill

arid was assured by Popkins and

the Mayor of Thomson that the necessary permit would be obtained.

Popkins then testified that only one approved landfill existed in

Carroll County, but it was

a city landfill at Savanna, and he was

not permitted to enter it.

Popkins also testified that the permit

application papers were turned over to the Village attorney who

delayed filling them out.

(R.

84).

In aggravation of damages,

it is noted that Respondents re-

ceived repeated warnings and visits from the Agency but nevertheless

persisted in remaining in violation of the law.

This uncooperative

conduct continued for

a period of over eight months notwithstanding

that he knew the possible consequences.

Popkins admitted he pro-

longed closing the site for as long as possible in order to gain

more

time for the opening of an approved county landfill.

The

Board takes notice of the fact that the landfill site was not

closed until

after this enforcement action was filed.

The technical practicability and economic reasonableness of

obtaining the required permit for the subject site are not an issue

in this case.

Such

a conclusion is supported by the fact that all

surrounding counties have one or more approved solid waste manage-

ment sites.

The Board notes that waste management sites have con—

20—26

---

—3—

siderable social and economic value,

but that value may be con-

siderably decreased, or even nullified, unless care is taken to

insure that the site chosen is appropriate.

The potential for

injury

to the environment from such unregulated sites

is enormous

and for this reason the Board notes

the

necessity of the permit

system.

In the interests of maintaining an effective permit system

and as an aid in the enforcement of the Act,

a penalty is required

in this case.

The Board finds that a civil penalty of $50.00 for

Respondent McGinnis and

a civil penalty of S500.00 for Respondent

Popkins will be appropriate.

This Opinion constitutes

the findings of fact and conclusions

of law of the Board in this matter.

ORDER

IT

IS THE ORDER of the Pollution Control Board that:

1.

Respondent,

P.

K. McGinnis, has allowed the operation of

a solid waste management site

in Carroll County,

Illinois, in

violation of the operating permit requirement of Rule 202(a) of

the Board’s Solid Waste Rules and Regulations, during the period

October

9,

1974

to July

3,

1975.

2.

Respondent, Vernon Popkins, has caused the operation of

a solid waste management site in Carroll County,

Illinois,

in

violation of Rule 202(a)

of the Board’s

Solid Waste Rules and

Regulations and Section

21(e)

of the Environmental Protection Act

during the period October

9,

1974 to July

3,

1975.

3.

For the above described violations, Respondent Popkins

shall pay

as

a penalty the amount of $500.00,

and Respondent

McGinnis shall pay as

a penalty the amount of $50.00.

Penalty

payment by certified check or money order payable to the State

of Illinois shall be made within 35 days of the date of this Order

to:

Fiscal Services Division,

Illinois Environmental Protection

Agency,

2200 Churchill

Road,

Springfield, Illinois,

62706.

4.

That portion of the Complaint alleging violation of

Section

21(b) of the Act is dismissed.

I, Christan L. Noffett, Clerk of the Illinois Pollution

Control Board, hereby certify th~ab ye Opinion and Order were

adopted on the

It~~

day

of

‘-7

,

1976

byavoteof~~-p

.

Christan L. Moffet

lerk

Illinois Pollution

ntrol Board