ILLINOIS POLLUTION CONTROL BOARD
February 6,
1975
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 74—392
BUD POSING,
Respondent,
Mr. Jeffrey
S.
Herden, attorney for Complainant.
Mr. Bud Posing, appeared on his own behalf.
OPINION
AND
ORDER OF THE BOARD
(by Dr. Odell)
On October 25,
1974,
the Environmental Protection
Agency
(Agency)
filed its Complaint with the Pollution Control
Board
(Board)
against Mr. Bud Posing.
The Complaint alleged
that Mr. Posing, the sole proprietor
of
a solid waste manage-
ment site located in Section 18, Township 30 North, Range 13
East,
in Kankakee County, Illinois, operated a landfill without
an Operating Permit from the Agency.
These illegal activities
were allegedly carried out from July 27,
1974,
through October
25, 1974,
in continuing violation of Rule
202(b) (1)
of the
Solid Waste Regulations
(Chapter Seven).
A hearing was held on December 19,
1974, at City Hall
in Kankakee, Illinois.
The
unrefuted evidence was that the
Respondent did not have
a permit on August 6,
1974,
and that at
the time of the hearing no permit application had been submitted
(R.6).
Respondent indicated that he has not worked for more
than two years and that he
is
in poor health
(R.7).
The land—
fill site was closed after Mr. Posing found out that his
activities were illegal.
Some material was accepted after July
27, 1974, but only “a few loads, not to amount to
nothing’t
(R.9).
No citizens offered testimony.
The record establishes that Mr. Posing violated Rule
202(1) (b)
of Chapter Seven.
There was no evidence of environ-
mental harm.
All dumping has now ceased.
A penalty is not assess-
ed, because it would not further the purposes of the Environmental
Protection Act and because of Respondent’s.poor health and economic
situation.
This Opinion constitutes the findings of fact and con-
clusions of law of the Board.
15 —383
—2—
ORDER
IT IS THE ORDER of the Illinois Pollution Control Board
that:
1.
Respondent shall not reopen his landfill site with-
out an Operating Permit issued by the Agency.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was adopted
on the
~
day of
_____________,
1975, by
a vote of
~/
to
~stanL.Mtt
15
—384