ILLINOIS POLLUTION CONTROL BOARD
    September
    4,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Cornp2ainant,
    v.
    )
    PCB 75—184
    JOHN PRIOR,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Zeitlin):
    This case comes before the Pollution Control Board
    (Board)
    on an enforcement Complaint filed by the Environmental
    Protection Agency
    (Agency) on May
    1,
    1975.
    The Complaint
    alleges that Respondent John Prior developed, and subsequently
    operated,
    a solid waste management site in Marion County,
    Illinois, without the required permits from the Agency.
    Violations
    of both the Environmental Protection Act
    (Act)
    and Chapter
    7:
    Solid Waste, of the Pollution Control Board
    Rules and Regulations are alleged during the period November
    8,
    1974,
    through the filing of the Complaint.
    Ill.
    Rev. Stat.,
    Ch.
    1111/2,
    §21(e) (1975); PCB Regs., Ch.
    7,
    Rules
    201,
    202 (a)
    At
    a hearing held in Salem,
    Illinois,
    on June
    25,
    1975,
    the Agency and Mr. Prior submitted a Stipulation of Facts
    (Stipulation)
    conta~.Tningthe following:
    1.
    Mr. Prior developed a solid waste management site
    of approximately
    8 acres
    on or about November
    8,
    1974,
    and
    has operated it since.
    2.
    Mr. Prior obtained no permits for the site until
    May 22,
    1975.
    3.
    Mr. Prior’s application for a permit to develop
    and/or operate the site in question, submitted January
    6,
    1975, was denied by Agency letter dated March 17,
    1975.
    (No
    reason for the denial
    is given.)
    4.
    A subsequent application by Mr. Prior resulted in
    the Agency grant of a development permit on May
    22,
    1975.
    No operatina permit has yet issued.
    18
    —
    463
    -2—
    In addition to these
    facts, the Stipulation contains
    admissions of violation of the development and operating
    permit requirements by Mr. Prior.
    The only otl~ermatters in the record is a statement by
    Mr.
    Prior at the June 25,
    1975 hearing,
    in which Mr. Prior
    alleged that his faiiure to obtain the necessary permits was
    the result of his misplaced trust in an incompetent engineering
    consultant.
    Mr. Prior also stated that Agency reports on
    his operation had always stated,
    “in compliance
    —
    no permit”
    (R.
    9).
    Neither of these allegations was cross—examined
    upon.
    Taking into consideration the factors enumerated in
    Section 33(c)
    of the Act, we feel that a finding of violation
    is mandated here.
    The Board has many times stated its
    commitment to the permit system;
    the fact that a permit has
    been subsequently issued and the matters raised by Mr.
    Prior’s statement, go to mitigation.
    They do
    not
    constitute
    an excuse for failing to timely obtain the necessary permits.
    Such mitigation is, however,
    sufficient to result in
    the imposition of a low penalty.
    Subsequent permit issuance,
    and Mr. Prior’s unchallenged statement,
    (attributed to the
    Agency),
    that the site is properly operated in all other
    respects,
    lead us to conclude that a penalty of $100.00 will
    serve to protect the permit system.
    The 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 John Prior is found to have developed
    and operated a solid waste management site
    in Marion County,
    Illinois, without the required development and operating
    permits from the Environmental Protection Agency,
    in violation
    of Section 21(e)
    of
    the Environmental Protection Act, and
    Rules 201 and 202(a)
    of Chapter
    7:
    Solid Waste,
    of the
    Pollution Control Board Rules and Regulations.
    18
    —
    464
    —3—
    2.
    For the above described violations,
    Respondent
    shall pay a
    civil
    penalty of
    $100.00,
    payment to be made by
    certified check or money order to:
    Fiscal Services Division,
    Illinois Environmental Protection Agency,
    2200 Churchill Drive,
    Springfield, Illinois
    62706
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby ~ertify the above Opinion and Order
    we4,e adopted on the
    £(
    ~‘
    day ok
    .
    ,
    1975 by a vote of
    18
    —
    465

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