ILLINOIS POLLUTION CONTROL

BOARD

October 24, 1972

EIRON~~TAL

PROTECTION AGENCY,

Complainant,

vs

)

PCB72—149

LOCKIPORT

TRUCKING CO.,

a

Delaware

corooration

and

JACK

CARLSTROM,

Respondents.

LOC~ORTTRUCKING CO.,

a Delaware

Corooration

and

JACK

CARLSTROX,

Petitioners,

vs

)

PCB72—229

ENvIRoNxE~::AL

PROTECTION AGENCY,

Resoondent.

TLchard Cosby and Douglas Moring, Assistant Attorney General for the EPA

Thomas

Feehan for Respondents

OPINION

AND

ORDER

OF

THE

BOARD

(by Mr. Henss)

This case

is

a consolidation of

two

separate actions.

The first

(?CB72—149)

is an eoforcement action by the Environmental Protection

Agency, and the s?~cond (PCB72-229)

is a petition for variance.

In the enforcenent action the Environmental Protection Agency

alleges

that on numerous dates

in 1970,

1971 and 1972 Respondents

operated a refuse disposal site near Joliet,

Illinois without a

State permit and were guilty of open dumping of refuse, failure to

provide proper cover,

failure

to provide a proper shelter on the

disposal site, deposition of refuse in standing water~ and causing or

threatening to cause water pollution.

Respondents in their petition

for variance alleged that the refuse disposal site

is an abandoned

limestone quarry which has filled with water from surface drainage,

that it should be filled with solid material to remove a public hazard,

that the fill consists of asbestos and lime waste from one industry

which does not cause air pollution or water pollution,

and to close

the

site would work

a

hardshio

on

GAF

Industries,

the

company

using

the site.

Pespondents request permission to use the site without an

EPA

permit

and

to deposit refuse

in standing water.

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ORDER

It

is ordered that

Respondents:

1.

Close the refuse disposal site

and apply final cover

if they have not obtained

a permit from the Environmental

Protection Agency for

the operation of

the refuse

disposal

site by Decemb~r 31,

1972.

2.

Cease and desist from all other violations

of the

Environmental Protection Act and the Rules and

Regulations for Refuse Disposal Sites and Facilities

immediately.

3.

Respondents shall pay

to

the State

of

Illinois within

35 days

the sum of $1,000

as

a penalty for

the violations

found

in this ~roceeding.

Penalty payment by certified

check

or money order payable

to the State of

Illinois

shall

be made

to:

Fiscal

Services Division,

Illinois

EPA,

2200 Churchill

Drive,

Springfield,

Illinois

62706~

I,

Christen

L.

Moffett,

Clerk of the

Illinc.is Pollution Control

Boardr

hereby

certify

the

above

Opinion

ar1d

Order

was

adceted

this

~

day

of

October,

1972

by

a

vote

of

~

to

j

/

/

Christar.

L. MoffetL,/~Ork

Illinois Pollution Control Board

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