ILLINOIS POLLUTION CONTROL BOARD

October 10, 1972

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 72—25

MARK J. BOWEN AND BEATRICE

WENSLAND,

Respondents.

Dennis Fields, Assistant Attorney General for the EPA

Frederick Orion, Attorney for Respondent

OPINION

AND ORDER OF THE

BOARD (by

Mr.

Henss)

The Environmental Protection Agency charged that

Respondents, in violation of the Environmental Protection

Act and the Rules and Regulations for Refuse Disposal Sites

and Facilities, operated an unregistered refuse disposal

site in LaSalle County, Illinois, allowed open dumping of

garbage and other refuse, and deposited refuse in such

manner as to create a water pollution hazard. Respondents

denied the allegations and in particular denied that they

operated a refuse disposal site on their property. When

the case was called for hearing on the merits the parties

submitted a Stipulation of Facts and Proposal for Settlement.

Photographs and other exhibits were attached to the Stipu-

lation lut no oral testimony was heard.

The Stipulation reveals that for the past thirty years

Respondents have owned approximately 70 acres situated at

the west edge of Sheridan in LaSalle County, Illinois. A

gravel plant operated on the property many years ago, and

when the gravel plant ceased operations the land was left

with a large pit into which parts of the gravel plant and

other refuse were dumped. Much of the dumping occurred prior

to the acquisition of the land by Respondents in 1942, but

the pit has also been used for dumping since that date, Some

of the dumping has been without the permission of Respondents

by persons unknown to them. It is said that the only authori-

zation given by Respondents for anyone to make ~use of the pit

as a disposal site was permission given to the municipal

officials of the Village of Sheridan to put cuttings from dead

elm trees, broken up street pavement and sidewalks into the

pit. Respondents have had “No Trespassing” or “No Dumping”

signs posted upon the premises since they purchased it, It

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is stated that Respondents have not operated the pit as a

disposal site or received any consideration for dumping rights.

Subsequent to the filing of the EPA Complaint Respondents

posted additional signs forbidding dumping or trespassing and

employed earthmovers to cover an area where most of the refuse

was situated. Photographs taken by EPA investigators in

September 1971 prior to the earthmoving operation show paper,

concrete, tires, tree limbs, furniture, wood crates, building

materials, various types of scrap metal such as cans, a bed

spring a metal tub, wire and rusted automobiles in the pit.

Some of the debris is located in standing water. Photographs

taken in August 1972 show that most of the debris has been

covered with dirt. One pile of tree limbs and some of the

tires and automobile parts which were located in the water

are still visible, however, it is stipulated that approximately

ninety percent of the refuse was covered with earth. The cost

of the bulldozing of earth was $2,365.

With reference to the debris located in wate~’the Stipu-

lation says “This pit is located on private property and is

not connected with any body of water of the State of Illinois”.

The Stipulation states the desire of Respondents to

cooperate with the Environmental Protection Agency in curbing

the use of the pit as a disposal site and recommends that no

penalty be assessed for past violations.

We find from the stipulated facts and the photographs

that Respondents’ expenditure of funds has resulted in significant

improvement of the area. An expenditure of $2,365 is no minor

item in view of the fact that Respondents had not used the pit

to produce income and it has no income producing capacity for

the future. Respondents’ cooperation with the Agency and their

expenditure of funds to cover and clean up the area are certainly

mitigating factors in our assessment of financial penalties.

One photograph, however, taken in September 1971 persuades us

that Respondents were not entirely the unwilling victims of their

friends and neighbors. The photograph shows a sign which states:

“Stop at auction house for rules. Restricted dumping.

No garbage. Enforced. All rubbish over edge.”

This sign indicates the owners’ apparent deliberate

intent,

after the enactment of the Environmental Protection Act, to use

the pit for the purpose of open dumping. It constitutes an in-

vitation the public might find difficult to ignore. We believe

that deliberate violations cannot go unpunished even where subse-

quent remedial action has been taken by the violator. Therefore,

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a penalty of $200 will be assessed in this matter.

It is not clear from the record what can be done to

achieve further improvement at the gravel pit. We have

noted that debris is still located in standing water and we

will require that final clean—up of the area be accomplished

to the satisfaction of the Environmental Protection Agency.

The bare statement that this gravel pit “is not connected with

any body of water of the State of Illinois” is not completely

convincing. It seems to us that pollution of ground waters

is a possibility which must be considered by the EPA in deter-

mining what the final clean-up shall be. Our Order will give

the Agency the discretion to approve final cover and clean—up.

ORDER

It is ordered that:

1. Respondents cease and desist from their violations

of the Environmental Protection Act and the Rules and

Regulations for Refuse Disposal Sites and Facilities.

2. That Respondents complete the clean-up and cover

of debris at the gravel pit to the satisfaction of the

Environmental Protection Agency.

3. That Respondents shall pay to the Sti~teof Illinois

by November 28, 1972 the sum of $200 as a penalty for

the violations found in this proceeding. Penalty pay-

ment by certified check or money order payable to the

State of Illinois shall be made to: Fiscal Services

Division, Illinois EPA, 2200 Churchill Drive, Spring-

field, Illinois 62706.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order was adopted this

_______day of October, 1972 by a vote of _____________to

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~Christan L. Moffett,, Clerk

Illinois Pollution ~Control Board

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