ILLINOIS POLLUTION CONTROL BOARD

August 23, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 73—52

JAMES ESAREY and GARY FITZJARRELL,

Respondents.

Thomas J. Immel, Assistant Attorney General, on behalf of

Complainant;

Hugh A. Strickland on behalf of Respondents.

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

On February 6, 1973, the Agency filed Complaint against

Respondent, James Esarey, the owner and operator of Greene County

Landfill, a refuse disposal site and facility located in Township

12 North, GreeneCounty, Illinois. It is noted that Mr. Gary

Fitzjarrell, who was joined in the Complaint as a second indi-

vidual Respondent and therein described as co—owner/operator, has

been dismissed as a Respondent.

The complaint charges that since on or before July 1, 1970,

and more particularly on October 2 and December 22, 1970, January

29, May 26, July 30 and October 20, 1971, and January 26, February

8 and 9, March 14, May 26, July 11 and October 6, 1972, Respondent

operated the Greene County Landfill in such a manner as to violate

the Act and the Rules and Regulations for Refuse Disposal Sites

and Facilities in one or more of the following respects:

1. Caused or allowed the open dumping of garbage in

violation of Section 21(a) of the Act;

2. Caused or allowed the open dumping of refuse in

violation of Section 21(b) of the Act and Rule

3.04 of the Rules;

3. Failed to cover all exposed refuse 

with

a compacted

layer of six inches of cover material at the end of

the working day or within one day of receipt of said

refuse in violation of Rule 5.07(a) of the Rules;

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—2—

4. Caused or allowed the open burning of refuse at

the site in violation of Section 9(c) of the Act

and Rules 3.05 and 5.12(d) of the Rules;

5. Failed to confine the dumping of refuse to the

smallest practical area in violation of Rule 5.03

of the Rules;

6. Failed to spread and compact refuse as rapidly as

it was admitted to the site in violation of Rule

5.06 of the Rules;

7. Failed to provide portable fences to prevent the

blowing of litter or failed to police the fill and

surrounding area to collect all scattered material

in violation of Rule 5.04 of the Rules;

8. Allowed the deposition of refuse in standing water at

the site in violation of Rule 5.12(c) of the Rules.

In support of these allegations, Complainant introduced the

testimony of six Environmental Protection Agency inspectors and

investigators, all of whom had visited the subject facility on

one or more occasions.

Mr. David Beck testified that he inspected Respondent’s

facility on October 2, 1970 at approximately 5:00 p.m. Mr. Beck

stated that he observed a large volume of garbage and refuse,

some of which had not been compacted and none of which had been

covered (R. 5). Regarding a second inspection on March 14, 1972,

Mr. Beck testified that he again observed a large volume (200’x

100’) of refuse laying open and that a subsurface fire was smolder-

ing therein (R. 6). Mr. Beck further testified that he had ob-

served refuse in standing water (R. 5) and that some of the refuse

appeared to have been on site for at least a day (R. 10)

Mr. Gilbert Stauffer testified that he inspected Respondent’s

facility on January 29, May 26 and October 20, 1971. Mr. Stauffer

testified that he observed a large volume (100’ x 

501

x 21) of

uncovered refuse and garbage which appeared to be in a “weathered

condition” (R. 33). Complainant introduced into evidence photo-

graphs which tend to show that certain of the refuse observed on

May 26, 1971 remained uncovered until at least October 20, 1971

(EPA Group Exhibit No. 2).

Mr. David Lambert testified that he inspected Respondent’s

facility on July 30, 1971 at approximately 12:00 noon. Mr. Lainbert

stated that he observed refuse in ponded water (R, 44).

Mr. David Toberman testified that he inspected Respondent’s

facility on January 26, 1972 at approximately 1:45 p.m. Mr.

Toberman stated that he observed a large volume (150~ x 60’) of

garbage and refuse which had been partially spread and compacted

but largely uncovered (R. 53). Mr. Toberman also stated that he

9

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—3—

observed blowing litter and found no evidence of portable fencing

(R. 55)

Mr. Richard Eisenkoff testified that he inspected Respondent’s

facility on February 8 and February 9, 1972. Mr. Eisenkoff stated

that he observed a large volume (100’ x 50’ x 2’) of uncovered

garbage and refuse, some of which was burning (R. 64). Mr.

Eisenkoff further stated that certain of the refuse was not com-

pacted and that he observed blowing litter (R. 64). Some of the

refuse appeared to have remained uncovered since October 20, 1971

(R. 66)

Mr. John Deifenback testified that he inspected Respondentts

facility on four occasions in 1972 and once again in 1973. Mr.

Deifenback stated that he observed underground fire, refuse in

ponded water (R. 94). He further testified that the dumping area

was not confined and that the refuse appeared to have been left

for a long period without proper cover (R. 94). Mr. Deifenback

stated that on March 16, 1973, he observed a large accumulation

of burning brush.

This Board is satisfied from the testimony and photographs

admitted into evidence that the Agency has proven the violations

alleged in its Complaint. Further, Respondent has been warned

repeatedly by the Agency that his operation was not in compliance.

We can only conclude that Respondent has chosen to disregard the

standards set by the Act and the Rules and that a penalty is,

therefore, appropriate.

This Opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that:

1. Respondent cease and desist the violations found herein

and conform his operation to the applicable Rules;

2. Respondent shall pay to the State of Illinois the sum of

$1,500 within 35 days from the date of this Order.

Penalty payment by certified check or money order pay-

able to the State of Illinois shall be made to: Fiscal

Services Division, Illinois Environmental Protection

Agency, 2200 Churchill Road, Springfield, Illinois 62706.

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

Board, certify 

l~at

the above Opinion and Order was adopted by the

Board on the~~day of 

_____

1973, by a vote of 

____

to (~

9 —69