ILLINOIS POLLUTION CONTROL BOARD
    January 20,
    1972
    ENVIRONMENTAL PROTECTION AGENCY
    #71—283
    v.
    PERCY LOGAN and
    MRS. HUMPHREY LOGAN
    MR.
    LEE CAMPBELL, ASST. ATTORNEY GENERAL,
    ON BEHALF OF ENVIRONMENTAL
    PROTECTION AGENCY
    MR. ABRAHAM LAMPKIN, ATTORNEY ON BEHALF OF RESPONDENTS
    OPINION
    AND
    ORDER OF THE BOARD
    (BY MR. LAWTON):
    Complaint was filed by
    the Environmental Protection Agency
    against Percy Logan and Mrs. Humphrey Logan,
    Respondents,
    on Sep-
    tember
    23,
    1971.
    An Amended Complaint was filed on November
    9, 1971
    and
    a second Amended Complaint filed on November
    18, 1971.
    The second
    Amended
    Complaint
    alleges that Respondents have operated or allowed
    operation of
    a refuse disposal site known as
    “Logan’s Dump” located
    on Patterson Road in the unincorporated portion of Will County,
    near
    the City
    of Joliet.
    Violations
    of regulations
    and statutory
    provisions,
    both before and after
    the adoption of the Environmental
    Protection Act are alleged with regard to open burning,
    air pollution,
    water pollution and land pollution and refuse disposal, beginning
    as
    early as May
    27,
    1970 and continuing down to the date
    of the filing
    of the complaint.
    A cease
    and desist order and
    the assessment of
    penalties
    in the maximum statutory amount are sought.
    Hearing on
    the complaint,
    as amended,
    was conducted on November
    20,
    1971.
    On
    January 12,
    1972,
    an agreed statement of facts was submitted to
    the
    Board,
    which
    stipulation
    is
    the
    basis
    of
    our
    present
    Opinion
    and
    Order.
    It will be our Order that the Respondents cease
    and desist
    the
    operation of “Logan’s Dump” until proper permits authorizing its
    operation as
    a refuse disposal site and facility have been obtained
    from the Environmental Protection Agency.
    We reserve the question
    of penalties pending submissions by Complainant and Respondents
    in
    this respect
    as hereinafter provided and will issue
    a further order
    subsequent
    to their receipt.
    The agreed statement
    of facts
    sets forth that Mrs. Humphrey
    Logan
    is
    the owner and Percy
    Logan, her son,
    the operator of the
    Will County refuse disposal
    and auto salvage yard known
    as
    “Logan’s
    Dump”.
    The
    site
    contains
    approximately
    35 acres
    and is bounded on
    the
    north
    by
    the
    Desplaines
    River
    and Hickory Creek
    and on the west
    by
    the
    Desplaines
    River,
    on
    the
    south
    by
    the Atchison,
    Topeka
    & Santa Fe
    3
    497

    Railroad and on the east by the City
    of Joliet Auto Pound and
    Refuse Disposal Site.
    Sugar Run Creek traverses the site
    and
    discharges into the Desplaines
    River.
    On January
    26,
    1967,
    the
    Illinois Air Pollution Control Board ordered Mrs. Logan to cease
    and desist the open burning of refuse on the
    site.
    Notwithstanding
    the receipt of
    this order,
    Mrs. Logan
    and her son have continued their
    operation in violation of the
    law, both
    as
    to open burning and in
    other respects, which continuing violations have resulted in the
    present complaint.
    The stipulation states that Respondents caused or allowed the
    open burning of refuse on the subject site on May
    27,
    1970,
    June
    3,
    1970, June
    9,
    1970, November
    7,
    1970, December
    28,
    1970, January
    2,
    1971,
    April
    25,
    1971, April
    30,
    1971, July
    3,
    1971
    and September 10,
    1971,
    in violation of the Rules
    and Regulations Governing
    the Control
    of Air Pollution
    (Air Rules)
    ,
    and the Rules
    and Regulations
    for Refuse
    Disposal Sites and Facilities
    (Refuse
    Rules)
    ,
    and from and after
    July
    1,
    1970,
    in violation
    of Section 9(c)
    of the Environmental Pro-
    tection Act
    (Act).
    The stipulation further states that on October
    28,
    1971,
    two
    trailers containing approximately 100 drums of volatile
    and flammable
    waste liquids
    and chemicals caught fire and produced great quantities
    of dense black smoke,
    visible for miles
    around,
    and resulted in noxious
    odors,
    similar to that of burning paint or paint by-products.
    The
    dense black smoke lasted about
    four hours
    and continued smoldering
    into the following day.
    The cause of
    the fire
    is stated to be un-
    known but the parties agree that the event constituted.open burning
    in violation of Section 2-1.2
    of the Air Rules,
    Rule 3.05
    of the
    Refuse Rules
    and Section 9(c) of
    the Act.
    As
    a consequence
    of this incident,
    the Attorney General filed
    a complaint
    for injunction in
    the Will County Circuit Court on Octo-
    ber 29,
    1971, resulting
    in the entry of
    a temporary restraining order.
    On November
    30,
    1971,
    a consent decree and permanent injunction were
    entered by which Respondents were permanently enjoined from causing
    or allowing the open burning of combustible materials and volatile
    or inflammable liquids
    at the subject site.
    The stipulation states
    that while the causes of the fires described were
    not known to Res-
    pondents, Respondents
    allowed the handling of inflammable materials,
    failed to take adequate precautions
    to prevent open burning
    and failed
    to furnish adequate equipment to prevent open burning in consideration
    of the known hazards,
    or those which should have been known.
    On all
    dates when burning occurred dense black smoke, noxious odors
    and
    debris were emitted
    or discharged from the dump into the atmosphere,
    causing air pollution which, prior to July
    1,
    1970, violated Section
    3
    of the
    “Air Pollution Control Act” and subsequent
    thereto,
    violated
    Section 9(a)
    of the Environmental Protection Act.
    3— 498

    The stipulation recites that Percy Logan
    and William Hatfield,
    in 1970,
    entered into
    a verbal agreement for
    the use of the dump
    site by Mr. Hatfield’s company,
    J
    &
    B Industrial Service,
    and as
    a
    result of this agreement,
    Mr. Hatfield or his agents,
    dumped drums
    of liquid waste
    on the property under Percy Logan’s supervision.
    These drums contained restaurant grease,
    sludge,
    oil, waste paint
    and
    paint by-products, which had been picked up from Whitco Chemical
    Company, Barker Chemical Company,
    Stress
    & Reuter, Abbott Laboratories
    and Valspar Paint Co.
    The contents of these drums were deposited
    several times
    a week between August
    1,
    1970
    and September
    1,
    1971 in
    shallow trenches on the dump property, dug by Percy Logan, which
    trenches were covered with dirt and fill.
    However,
    during October,
    1971,
    the contents
    q~fthe drums were dumped directly
    on the ground
    in close proximity t~,the Desplaines River where pools of waste con-
    taminants formed, which subsequently discharged into
    the Desplaines
    River.
    Photographs of
    this dumping of liquid waste contaminants
    on
    October 19 and October
    20,
    1971 are appended to the Stipulation
    as Exhibit
    4.
    A memorandum of the observations
    on these dates was
    made by Ted Denning
    of the Environmental Protection Agency.
    The
    stipulation sets
    forth
    that the dumping of liquid chemical waste
    and
    other contaminants
    on October
    19
    and
    20, which resulted in discharges
    of sludge,
    oil,
    scum, paint and other materials producing coloring
    of the water and noxious odors
    in the Desplaines River violated
    Rule 103(a)
    ,
    (b)
    and
    (c)
    of Sanitary Water Board Regulation No.
    8
    (SWB-8)
    .
    Similar discharges
    of chemicals and other contaminants
    causing odor and discoloration of the Desplaines River were observed
    by members of the Army Corps of Engineers
    at Brandon Lock
    and Dam on
    approximately twenty occasions
    in the six-month period prior to
    Oc~tober19,
    1971.
    These discharges are conceded to violate Section
    12(a)
    of the Environmental Protection Act.
    In an attempt to build
    a dike to prevent Mrs. Humphrey Logan’s
    home from being
    flooded by
    the Desplaines
    River, Percy Logan bulldozed
    materials,
    including construction debris,
    refuse,
    empty drums,
    dirt
    and other materials to the
    edge of the Desplaines River, some
    of which materials ended up in the river,
    the results
    of which activity
    have been photographed and appended to
    the Stipulation.
    (Exhibit
    8)
    This activity
    is conceded
    to violate Section
    12(d)
    of the Act.
    The dump has operated as
    a refuse disposal site since July
    1,
    1970 without
    a permit from the Environmental Protection Agency in
    violation of Section
    21(e)
    of the Act.
    Inspections made November 1,
    1971
    and
    November
    4,
    1971
    by
    personnel
    of
    the
    Environmental
    Protection
    Agency disclose the presence of demolition,
    putrescible,
    conibustable
    and hazardous materials on the site.
    Open dumping is conceded in
    violation of Section 21(b)
    of the Act and Rule 3.04 of the Refuse
    Rules.
    Photographs
    taken on these dates
    (Stipulation,
    Exhibit
    9)
    portray
    this condition.
    Failure to spread andcompact
    and
    to limit
    the dumping to the smallest practical area violate Rules
    3.03 and
    3.06 of the Refuse Rules.
    Failure to cover exposed refuse violates
    3
    499

    Section 5.07
    of the Refuse Rules,
    and failure to post proper signs
    violates
    Rule
    4.03(a)
    of
    the
    Refuse
    Rules.
    Failure
    to
    obtain
    written
    approval
    for
    deposit
    of
    liquid
    waste
    contaminants
    violated
    Section
    5.08
    of
    the
    Refuse
    Rules.
    The
    Stipula-
    tiOn,
    Exhibit
    11,
    contains
    a
    portion
    of
    the transcript of the deposi-
    tion
    taken
    •of
    Percy
    Logan
    in
    which
    it
    is
    conceded
    that
    a
    permit
    to
    allow
    the
    dumping
    of
    septic
    wa3tes
    has
    never
    been
    received
    and
    the
    dumping
    of
    septic
    wastes
    with
    Percy
    Logan’s
    permission
    is
    likewise
    conceded.
    As
    a consequence of correspondence between the Agency and Percy
    Logan,
    some
    effort
    was
    made
    to
    improve
    the
    condition
    of
    the
    site
    and
    spread and compact the exposed ~efuse during the month
    of January,
    1971.
    The extent of
    this improvement and whether the dump is now in compliance
    with the applicable rules
    are not clear
    from
    the Stipulation.
    Repre-
    sentatives of
    the Environmental Protection Agency inspected the site
    on January
    8,
    1972, at which time pictures were taken depicting its
    present condition, which will be submitted
    to the Board together with
    a
    report
    of
    the
    inspection.
    Paragraph
    29
    of
    the
    agreed
    statement
    of
    facts
    states
    as
    follows:
    “The Agency believes that
    a substantial penalty
    is
    warranted
    in
    this
    case.
    Respondent
    disputes
    this,
    and
    the
    parties are hereby submitting
    the issue for determination by
    the Board.”
    On the basis of the agreed statement of
    fact,
    it
    is difficult
    to
    conceive
    of
    a
    more
    obnoxious
    operation
    or
    one
    that
    .has
    been
    more
    successful in violating virtually every regulation and statutory pro-
    vision relating to open burning, open dumping,
    air pollution, water
    pollution and unauthorized operation over a four—year period.
    The Board finds that Respondents,
    Percy Logan and Mrs. Humphrey
    Logan,
    by their ownership and operation of the “Logan Dump”, have con-
    ducted open burning in violation of Section 2-1.2
    of Chapter
    II
    of
    the Rules
    and Regulations Governing the Control of Air Pollution on
    twelve occasions,
    in violation of Section 9(c)
    of
    the Environmental
    Protection
    Act
    on
    nine
    occasions,
    and
    in
    violation
    of
    Rule
    3.05
    of
    the
    Refuse Rules on twelve occasions;
    that respondents have caused air pollu-
    tion in violation of
    the Air Pollution Control Act on three occasions
    and in violation of Section 9(a)
    of
    the Environmental Protection Act on
    eight occasions.
    That Respondents have violated Section 1.03(a),
    (b)
    and
    (c)
    of
    the
    Sanitary
    Water
    Board
    Regulation
    No.
    8
    (SWB-8)
    on
    at
    least two occasions that have been specifically documented
    and on
    approximately
    twenty
    occasions
    prior
    to
    October
    19,
    1971.
    That
    Respon-
    dents
    have
    discharged
    liquid
    waste
    contaminants
    into
    the
    Desplaines
    River
    in
    violation
    of
    Section
    12(a)
    of-the
    Act
    and
    have
    created
    a
    water
    pollution
    hazard
    in
    violation
    of
    Section
    12(d)
    of
    the
    Act.
    Respon-
    3— 500

    dents have, since July
    1,
    1970, operated
    a refuse disposal site and fa-
    cility without
    a permit,
    in violation of Section
    21(e)
    of the Act,
    and have committed open
    clumping
    in violation of Section
    21(b)
    of the
    Act and Rule
    3.04 ofthe Refuse Rules.
    Respondents have failed to post
    signs and
    to spread and compact refuse,
    in violation of Rules
    4.03(a)
    and
    5.06 of the Refuse Rules,
    failed
    to dump refuse in the smallest
    practical area in violation of Rule 5.03 of the Refuse Rules
    and cover the
    refuse in violation of Section 5.07 of the Refuse Rules, which latter
    violations were noted on November
    1,
    1971
    and continued through and
    including November
    4,
    1971.
    Respondents have failed to obtain a permit
    for the deposit of liquid waste in violation of Rule
    5.08
    of
    the
    Refuse Rules.
    It
    will be our order
    that. Respondent cease and desist the operation
    of the “Logan Dump” in all respects until it has obtained
    the necessary
    permits from
    the Environmental Protection Agency.
    A more difficult
    question relates
    to
    the assessment of the penalty.
    There
    is no question
    but that
    a substantial penalty
    is warranted.
    However,
    both the trans-
    cript
    of the hearing and the stipulation of fact are silent
    as
    to the
    economic condition
    of the Respondents.
    This factor alone
    is not con-
    trolling.
    However, when matters of penalties are considered by
    this
    Board,
    no
    useful purpose
    is served by assessing
    a penalty that is dis-
    proportionate with
    the economic status and capabilities
    of
    the Respon-
    dents.
    While disagreement on the issue of penalties
    is stated in the
    stipulation,neither party has provided
    the Board with any
    facts which
    will furnish guidance
    at arriving
    at
    a decision in this respect.
    We
    will enter such Order as is appropriate after receipt of the foregoing
    information.
    Accordingly, we will direct both
    the Agency
    and the Respon-
    dents
    to submit within ten days of
    the receipt of
    this order,
    such infor-
    mation and financial statistics,
    including operating statements
    and profit
    and loss statements
    as will be relevant to the Board’s consideration of
    this subject.
    We will also consider
    the recent report of inspection and
    photographs taken showing the present condition of the dump.
    This Opinion constitutes
    the findings of
    fact and conclusions of
    law of the Board.
    IT
    IS
    THE ORDER of the Pollution Control Board
    as
    follows:
    1.
    That Percy Logan
    and
    M~rs,
    Humphrey Logan shall cease
    and desist
    the operation
    of
    the refuse disposal site
    and facility known as “Logan’s
    Dump”
    in Will County,
    until it has received all necessary permits authorizing
    such use from the Environmental Protection Agency.
    Any
    further operation shall be in accord with
    all relevant
    regulatory and statutory provisions.
    3
    501

    2.
    The Environmental Protection Agency
    and Respondents
    will submit to the Board, within ten days from the
    receipt of this Order,
    all information, documentation,
    and financial statements,
    including report of inspection
    and photographs taken on January
    8,
    1972,
    as will enable
    the Board
    to arrive
    at
    a decision with respect
    to
    the
    assessment of penalties.
    After the receipt of this in-
    formation,
    the Board will issue
    a further order assessing
    such penalties
    as are appropriate.
    I,
    Christan
    Moffett,
    Clerk
    of
    the
    Pollution
    Control
    Board,
    certify
    that
    the
    above
    Opinion and Order was
    adop ed on the
    c~O
    day
    of
    ________________,
    1972,
    by
    a
    vote
    of
    —ô
    4Jd.,d
    3
    502

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