ILLINOIS POLLUTION CONTROL BOARD

December 16,

1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—481

ROSCOE MEEKS,

Respondent.

Mr. Steven Watts, Assistant Attorney General, appeared on

behalf of the Complainant.

Mr. Robert Cram

appeared on behalf of the Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Dr. Satchell):

This matter comes before the Board upon a complaint filed

by the Environmental Protection Agency

(Agency)

on December

19,

1975.

The complaint alleges that Respondent owns and operates

a solid waste management site located

in Section 32, Township

1 North, Range

1 East of the Third Principal Meridian in Marion

County,

Illinois;

that Respondent has operated the aforesaid

site without an operating permit issued by the Agency in vio-

lation of Rule 202 (b) (1)

of the Solid Waste Management Regu-

lations

(Regulations);

that Respondent caused or allowed open

dumping in violation of Section 21(b)

of the Environmental

Protection Act

(Act); and that Respondent caused or allowed

open burning in violation of Rule 311 of the Regulations.

On

March

11, 1976 Respondent Roscoe Meeks moved to join the City

of Centralia as

a respondent to provide for a complete deter-

mination of the controversy.

The Board allowed

this motion on

April 22,

1976.

A hearing was held on May 7,

1976.

At this

time

tlv

(‘i

(i~

ol Cent:r~i1

i~hnd noL

re~coved

~iny

ple~R1i

nq~.

I

it

d

r

i II~

j

W.

(~(iii

t

i i1(AO(i

L()

a

I

I

OW

br

~i(1(I

I

I~

Lotia

)J

atl

i

~iq~

l~poitdeti

t

Meek~

I

I

t’d

a cowi

Louc

I~i

tu

aia

i

tec

L

(~eii

L~It

Id

May 14,

1976.

On

May 20, 1976

the

Board dismissed without

prejudice the counterclaim as not properly pleaded.

A second

hearing on this matter was held on September

14,

1976

in

Centralia.

At this hearing a Stipulation of Parties and Pro-

posed Settlement was presented to the Board for approval.

The City of Centralia was not included as

a stipulating party.

The Board dismisses the City of Centralia as

a party for lack

of prosecution.

24

—

395

---

—2—

The essence of the stipulated agreemenL

is that

subsequent

to the filing of

thu

complaint discovery

procedures and pre—hearing negotiations have indicated

to both parties that there exists no issue of fact as to

the occurrence

of open dumping and open burning

by

Re-

spondent at the site.

The City of Centralia did rent the

site from May 12, 1969 to May 12, 1974.

Centralia operated

a solid waste management site thereon.

Respondent admits

that he has violated Section

21(b)

of the Act and Rule

311(a)

of the Regulations at two separate areas on the site.

One area is approximately 50 feet wide and 200 feet long.

The other area is approximately 100 feet wide and 400 feet

long.

Respondent Meeks does not admit responsibility or

liability for the failure

of the City of Centralia

to prop-

erly close the site including but not limited to any open

dumping and/or open burning caused or allowed by the City

of Centralia at area of the site other than those described

above.

Respondent agrees not to open dump and not to open burn

at the site.

Respondent agrees to apply for and obtain from

the Agency all appropriate operating permits prior to his

resum~tion

of dumping or burning at the site.

Respondent

further agreed

to pay a penalty of $500 for the admitted

violation.

The Agency requests the Board

to dismiss the allega-

tions

of operating a waste management site without an

operating permit in violation of Section 21(e)

of the Act

and Rule

202(b) (1)

of the Regulations.

The Agency requests

that the Board order that Respondent refrain from open dump-

ing and burning unless an operating permit

is obtained and

that Respondent remove or cover the two burned areas at the

site for which he is responsible.

‘rhe

I3oard

f~

rids

Lhe

sLipulat:cd

sc’Ltiemeid

~ic~enL~bio

under

I’

rocodu

ra

.1

Rule

333

.

J~csponderi

L

15

lOUflti

i ii

V

i

ola

I:

ion

at

~et~

I

i

2

I

(U)

ol

I lie Ac

I

tid

Ru Ic

3

I

I~(a)

I

Iii~

I~t

I

Lions.

The

allegaLions

of

violations

of

Rule

202

(b)

(1)

of

the

Regulations

and

Section

21(e)

of

the

Act are

dismissed.

Respondent is assessed a penalty of

$500.

Respondent shall

cease and desist any further operations without an appropri-

ate permit.

Respondent shall bring the two areas of the

site for which he is responsible into compliance.

24

—

396

---

—3—

This Opinion constitutes the Board’s findings of fact

and. conclusions of law in this ~natter.

ORDER

It

is the Order of the Pollution Control Board that:

1.

Roscoe Meeks

is found to have violated Rule 311(a)

of the Solid Waste Regulations and Section

21(b)

of the Environmental Protection Act.

The allega-

tions of violations of Rule 202(b) (1)

of the

Regulations and Section 21(e)

of the Act are

dismissed.

2.

The City of Centralia is dismissed as a respondent

in this matter.

3.

Roscoe Meeks shall refrain from operation of a solid

waste management site unless a proper operating permit

is obtained.

4.

Mr. Meeks shall remove or cover the two burned areas

at the site for which he

is responsible,

as outlined

in the opinion.

5.

Roscoe Meeks

shall, pay a penalty of $500 within

35

days of this order.

Payment shall be by certified

check or money order payable to:

State of Illinois

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 abo~ Opinion and Order

were adopted on the

~

day of

~

,

1976 by

a

vote of

~

t

/

Christan

L.

Moffett, Clerk

Illinois Polluticm~ControlBoard

74

—