ILLINOIS POLLUTION CONTROL BOARD

October 17, 1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

PCB 72-257

LESTER HAWKINS and CLARENCE HAWKINS

OPINION & ORDER OF THE BOARD (by Mr. Dumelle)

The complaint alleges that on March 20, 1972 the respondents caused

or allowed the open dumping of refuse, in violation of Section 21(b) of the

Environmental Protection Act and Rule 3. 04 of the Rules and Regulations

for Refuse Disposal Sites and Facilities. It further alleges that on the same

day the respondents caused or allowed the open burning of refuse, in viola-

tion of Section 9(c) of the Act and Rule 3. 05 of the Rules. It is also alleged

that the respondents disposed of refuse in violation of Section 21(f) of the Act.

A public hearing was held on August 18, 1972.

The evidence shows that on the day in question two Agency Inspectors

observed the respondents drive up to a promiscuous dump site near Manchester,

Illinois in an automobile with an attached trailer. Further investigation de-

termined that the vehicles were owned by Lester Hawkins. The inspectors

observed that the trailer was backed into the site, leaves and brush were

removed, dumped onto the site and burned in spite of the presence and

prohibitions of the Inspectors.

We find that the violations did occur as alleged. There is no indication

in the record that the respondents are in the business of dumping or operating

a dump site. Furthermore, one of the respondents is living on Social

Security and the other is on welfare. Normally, we would levy a higher

fine in this type of case but under the circumstances we believe that a penalty

of $25 for each respondent would be appropriate.

This opinion constitutes the Board~s findings of fact and conclusions of

law.

ORDER

1.

The respondents shall cease and desist from all violations

found in this opinion.

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2.

The respondents shall pay ~o the State of Illinois by

December 1, 1972 the sum of $25 each as a penalty

for the violations found in this proceeding. Penalty

payment by certified check or money order payable

to the State of Illinois shall be made 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 certify the above Opinion and Order were adopted on the / ~

day

of October, 1972 by a vote of __________________________

~Christan

L. Moffett, C1ez~

Illinois Pollution Control Board

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