ILLINOIS POLLUTION CONTROL BOARD

August 22, 1972

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

—vs—

)

PCB 72—99

QUINCY PARK DISTRICT, a Municipal

)

Corporation,

Respondent.

Frederick C. Hopper, Assistant Attorney General for the EPA

Charles B. Binkert for Respondent

OPINION AND ORDER OF THE BOARD (by Mr. Henss)

The Environmental Protection Agency has charged Respondent

Quincy Park District with numerous violations of the Environmental

Protection Act and the Rules and Regulations for Refuse Disposal

Sites and Facilities. It is alleged that Respondent operated a

refuse disposal site without registration or a permit to do so;

permitted open dumping and open burning of refuse; failed to

confine dumping to the smallest practical area; failed to have

sufficient equipment at the site; failed to spread and compact

refuse as rapidly as received; failed to apply daily cover and

final cover; and discharged refuse into the waters of the Mississippi

River and deposited refuse on its banks to create a water pollution

hazard. It is further charged that Respondent threatens to con-

tinue these violations.

The evidence shows that the Quincy Park District did operate

a landfill at its All American City Park. The park is located near

the Mississippi River and the objective of the park district was to

raise the grade of a low-lying area which was subject to flooding

so that the land could be put to a recreational use. The closest

residential area is about two blocks from the site. Since 1966

the par: district has deposited material consisting of concrete,

rock, wood, trees, brick, lumber, wood chips and building demolition.

Other material observed at the site included a small amount of paper,

cans and bottles, a refrigerator, a stove and rubber tires. EPA

iffi7estigators estimated that 90~of the material was stable and, non-

combustible. The landfill’ covered an area approximately 200 yards

by 100 yards. Numerous inspections by the EPA, especially in 1970

and 1971, revealed that there was a failure to cover on a daily

basis or apply a final cover.

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Seepage of a dark red rusty color and septic odor was observed

to enter the waters of the Mississippi from the fill area. The

record is not clear as to its source. High water in the spring

of the year would reach debris piled on the banks. Burning of

diseased trees was terminated in 1970 or 1971.

Photographs of the site reveal the nature of the violations

and also indicate that the land reclamation project was at least

partially successful. The park facilities include a merry-go-round,

ferris wheel, log cabin general store, railroad tracks, round house,

antique auto museum and maintenance building. Some of the facilities

are built upon old fill.

The park authorities apparently considered the landfill a

private operation for the public good, not available for dumping by

the public, and did not obtain a permit or make any attempt at

registration. In October 1970 Kenneth Kramer, the Director Executive

of the Quincy Park District, told an EPA investigator that ~‘hewas

aware they didn’t have a permit to operate the site and was aware

they werentt operating in conformance with the requirements but did

indicate he thought they were engaged in a worthwhile project.and he

plans to continue until their completion” (R. 44).

We agree that the improving of land for recreational use is a

worthwhile project, howover, the laudable goal does not excuse the

operation of a landfill in violation of law. We are especially

critical of the park director’s conscious disregard for the law

after violations had been called to his attention. It is not our

custom to impose heavy fines upon units of government, but such

deliberate flouting of the law must not go entirely unpunished.

We believe that a penalty of $200.00 would be appropriate in addition

to an order that Respondent cease and desist from its violations.

ORDER

It is ordered that:

(1) Respondent Quincy Park District cease and desist from

depositing refuse at the All American City Park landfill in violation

of law.

(2) Respondent Quincy Park District pay to the State of Illinois

(Environmental Protection Agency Fiscal Services Division) a penalty

of $200.00.

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 August, 1972 by a vote of ~

‘.~/7’)

~/~ ~

Christan L. Moffet~ç Clerk

Illinois Pollution Control Board

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