ILLINOIS POLLUTION
CONTROL
130111-ID
November 21,
1972
ENVIRONMENTAL PROTECTION AGENCY
CITY OF FIARIJSBIJRG and MTLO L.AMBEI-IT
POE 72-80
OPINION ANT) ORI)ER OF THE
IBOAR1)
(by
Mr.
Durneile)
This is an.
enforcement
action involving numerous alleged vrol.ations
pertaining
to the operation of the
Cit TS
landfill,
The landfill
consists
of around
23
acres and
is located near
Harrisburg
in Saline
County,
llinois.
Since
March
of
1970, the site
has
been operated by Milo
Lambert
but is still owned
by the Oily. The materials that have been
dumped
at the
site include domestic
garbage, trees,
paper, lumber
,
brush, tires and appliances.
The
site
has now been filled and is in the process of receiving a Final cover,
According to the testimony ol Agency
pe rsonnel there was open dumping
of
refuse on thes ite on the following dates:
January 3, 1967
May 6, 1968
September 23, 1968
June 6, 1969
June 23, 1069
July 0, 1969
September 17, 1969
September 30, 1060
october 17, 1960
November 7, 1960
March 19, 197()
September 23, 1971
September 27, 1071
November 3,
1071
November 4, 1071
December 7, 1071
Janu
am
17, 1.972
January 18,
11)72
January
1 0,
11)72
January 31, 1972
V eb
u_LI a
rv 1, 11)72
We
find that said open dumping
was
done
in violation of Rule 3. 04 of the Rules
~nd Pegulations for Refuse Disposal Sites and Facilities and, as
to the dates
after ~1uly
1,
1970, in violation of Section 21(b) ol the Envircnmental Vrotecti.on
Act.
According to the testimony
~•f Agency
personnel there was open burning of
refuse on the.following dates:
January
3,
1967
May
6,
1968
September 23, 1968
June 23, 1969
July 0, 1969
July 2$, 1 26 1)
September 0, 11)70
September
17, 1069
September
30, 1061)
October
17, 1061)
Novem ber 7, 11)6))
November
25, 1071
6
—
267
It
appears that the burning was primarily of trees and but sh. inasmuch
as
it
was the poii cv of the old
.‘\i r’ Pu
llAtion Control Boa
rd,
prior to Ju
lv 1,
1970,
not to enforce
the
open
hit
rn leg restrictions under
ci
rcurn
statues
such
as t;he se, we
will not
find viol a tb rw as to any
of
the proven dates except
November
25, 1071. On
that day the Agency inspector oluserved, from about
a
iii ii e
from the site,
that
srnol’:e was coming from
t:he site
and hanging over
the
highwa.
Ppon approaching’
he
s lie
he
observed that
no
one was
present
but that a large area
of the
dump was
on P cc. lie testified that the general
refuse, garbage, paper, wood and r~t~berwere burning and that ther’e were
open flames and a
lot
of black and white smoke. We find that open burning
did
occur
on November 2i1, 1071, in violation
of
Rule 3.
05 of the
Rules.
According
to
the t;esti monv of
fRency
personnel there was inadequate
daily cover on numer’ou
s
spe rifled dates.
loweve r, we
~vi11 only find
violations
either’ on duies where the observation was made at the end
oi
the day or on dates where there was no equipment at the
site
with which
co
apply any cover at
all or Ofl
(fates where exposed refuse from prior
inspe
etions WiLS recognized.
The dates upon which we find inadequ
ate
daily
cover in violation
of
Rule
5. 07(a) of
the rules areas follows:
January 3, 1967
May 6,
196$
September’ 23, 11)68
June 6, 1969
June
23,
1960
,iuly
9, 1969
July 28,
1969
October
.7, 1961)
.Januarv
3, 1970
March 19,
i’)70
September 20, L 970
September 10,
070
August
13, 1971
Auntitst 24, 1071
August 2i~, 1)7i
November 3, 97f
.Pintittrv
7,
1)7:1
,)aniiti t’v
l3~
I
.1
a rio; r~ I
,
I
,1;(rltr1\
li, 17:1
According
to tes ti
runny
of’
Agency personnel and
al so pt n i
9 ; dat s s
of fvTiIo Lamliert
there were
no shelter sanilaryfwilities
on
tIm
I ma tee
dates:
January 3, 1967
May
6, 1961
Se:)tember 23,
968
,iune 6,
1269
~June
23,
I 069
,Tulv 9,
196)1
July
28,
1069
August 20, 196)
September
9,
1 eu
September
1 7,
1160
Sepleinbet’
:10, 1069
October’
17,
106)1
November
7, 1)69
1)ecem
her
1, 1~99
Tanitary 3,
170
Pebruar’v 6, 1
~vIara’h
10,
1970
Tune 1, 1)70
lace 17, 1970
June 23,
11)70
a
1a
~7
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~‘
‘/1
‘It
1
‘ii)
J~’t
i ~
r
:i~
Hf(~lav
(1, ~7)i
Di
;
Uii’
I),
0
I
)ct ~~
;tr’ :1
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11
-3-
We find that said failure to provide shelter sanitary facilities was in violation
of Rule 4. 03(c) of the Rules.
The main problem we are faced with In this case is one of penalties.
Ordinarily a case with this many separate violations would receive a substantial
penalty. However,
the
record indicates that neither the City nor Mr. Lambert
has
any
funds to
speak
of. The City appears to be in
poor
financial condition
and therefore a large penalty would serve no useful purpose. Furthermore, the
violations
go
back almost five years
and
we feel that this type of action
could have
been
brought before this time, thus solving the problem earlier.
Under the circiunstances we will assess a penalty of $500 for the City
and $250 for Mr. Lambert. We also expect that the final cover will be
completed as
soon
as possible but no later than January 1, 1973.
This opinion constitutes the Board’s findings of fact and conclusions of
lat~.
ORDER
I.
ttesponck’nis shall cease and desist from all violations found in this
0l’~
fli°fl.
2.
Fina’ cover
shall
be completed as soon as possible but no later than
January 1, 1173.
3.
ilit’ City of’ Harrisburg shall pay to the State of illinois by
January
1.
lH73 the sum of $500 as a penalty for the violations found in these
prurec’clings. Penally payment by certified check or money order
Juiy~d)Je
to
the State of Illinois shall be made to: Fiscal Services
Division, Illinois Environmental Protection Agency, 2200 Churchill
I)rive, Springfield, IlLinois 62706.
4.
Milo
I4ainberl shall
pay
to ihe State of’ Illinois by January 1, 1973 the
stazit of $250
tt~
a penalt~
for
the ~iolations found in these proceedings.
l’enalt,v p~ty’nc’niby
certified
check
or money order payable to the
Slate of Ilhuois
‘shall
be
made
to: Fiscal Services Division, Illinois
Erv~
ronnl&’rn
a I l’ri
steel
ion Agency, 2200 ChurchIll Drive, Springfield,
Illinois 62706.
6— 269
-4~
I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,
hereby certify the above Opinion and Order were adopted on the ~
~day of
November, 11)72 by a vote of
~‘
t
7~
‘2
~
Christan L, IVloffett, Cle~/
iii inn is Pollution Control BLb ard
6
—
270