ILLINOIS POLLUTION CONTROL BOARD
August 23, 1973
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
vs.
)
PCB 73—47
STEVE LYONS, cl/b/a S & N
)
AUTOMOTIVE,
Respondent.
Samuel Morgan, Assistant Attorney General for the Agency
Steve Lyons per se
OPINION AND ORDER OF THE BOARD (by Mr. Henss)
The Environmental Protection Agency filed its Complaint
alleging that Steve Lyons, d/b/a S & N Automotive, had caused
or allowed the open burning of refuse on or about June 29,
1972 in violation of Section 9(c) of the Environmental Pro-
tection Act andRule 502(a) of the Open Burning Regulations.
Public hearing revealed that Respondent conducts an auto-
mobile salvage operation near Oregon in Ogle County, Illinois.
Lyons purchased the business on May 18, 1972, at which time
the property was reportedly littered with garbage, piles of
seatcovers and tires, and other assorted refuse.
At about 6:45 p.m. on the date alleged, a fire of con-
siderable magnitude occurred at the salvage site. Two Agency
investigators happened to be in the area and were drawn to the
site by “great billows of dark smoke”. Dr. Stevens of the Ogle
County Health Department testified that he was contacted at
6:45 p.m. by a deputy sheriff and informed of the fire. Two
volunteer fire units were dispatched to the scene.
There were several different fires. Agency investigator
Goff estimated that over 400 tires were on fire in one area.
Photographs taken at the scene show the dense smoke emissions.
In addition to burning tires, automobile hulks and other discarded
automobile parts, the photographs show uncovered garbage mixed in
the other refuse.
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Appearing without benefit of counsel, Respondent Lyons
testified that he and his employees were on a break in his
apartment at the opposite end of the salvage yard when the fire
started. Upon leaving the apartment, Lyons observed the smoke
and dispatched an employee to determine the extent of the fire.
The employee reported that he had observed “some tires burning
and a car burning”. Lyons then went to the burning area in order
to determine the extent of the fire for himself. After viewing
the fire, Lyons returned to the other end of the salvage yard where
he encountered a deputy sheriff. Lyons indicated he informed the
deputy sheriff that he did not have insurance and, for this
reason, the fire department was not called immediately. Since
the salvage yard did not have water service, Lyons testified that
he did not halt routine work and ask employees to extinguish the
fire. He said “I saw no reason for my men to discontinue working
and stand around watching a fire that they can’t control anyway”.
(R. 29).
Respondent said he did not set the fire but also admitted
that ~e did not do everything possible to terminate the fire
(R. 35). He testified “I stated to the officers at the time that
there was nothing that it was going to hurt by burning, however,
at the time I wasn’t thinking about the EPA laws”. CR. 35). Lyons
also testified that the Oregon Fire Department would have charged
him $200 if he had requested their help in extinguishing the fire.
None of the witnesses in the public hearing knew the origin
of the fire. Lyons felt the fire should be attributed to vandalism
because at least one fire was observed at an unspecified distance
from the major fire.
We find nothing in the record to indicate that Respondent
actually ignited the debris. However, the constant threat of
fire is inherent in salvage operations which use cutting torches
around combustible automobile parts and gasoline tanks. Respondent
testified that he had been involved in salvage operations since at
least December 1971 and, from prior experience with salvage yards,
should have been fully aware of the very real possibility of a
fire at this site. Uncovered garbage and assorted combustible
refuse accumulated where no water is available are an invitation to
serious fires.
The record clearly shows that Respondent made no effort to
extinguish the fires, choosing to save a $200 fire fighter’s fee.
An Agency investigator even observed a workman using a cutting
torch at the site while the fire raged unchecked.
Evidence indicates that conditions at the site are now much
the same as when the fire occurred in June 1972. Lyons admitted
that another load of at least 500 tires has been added to the other
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debris at the site. We find nothing in the record to show
that Lyons has done anything to prevent another large
fire
from occurring.
Based on the record, we find Respondent guilty of
allowing open burning as charged. We believe Respondentts
past record indicates that operations will continue much as
they have in the past unless he is required to conduct a
“clean” operation. Our Order will so provide. The monetary
penalty will be $500. This should clearly indicate to
Respondent that, it is not only better for the environment,
but it is less expensive to control fires.
ORDER
It is the Order of the Pollution Control Board that:
1. Steve Lyons shall pay to the State of Illinois
by September 27, 1973 the sum of $500 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 EPA, 2200 Churchill Road, Springfield,
Illinois 62706.
2. Respondent shall cease and desist from open
burning in violation of the Environmental Pro-
tection Act and the Regulations of the Pollution
Control Board.
Respondent shall remove all garbage and refuse
having no resale value from the site by
September 27, 1973. This material shall be
deposited in an approved sanitary landfill.
All remaining salvageable items shall be stored
at a safe distance from any operations involving
cutting torches to reduce the possibility of
unlawful open burning. Combustible items having
no resale value shall be removed from the site
on a weekly basis after September 27, 1973.
4. Respondent shall by September 27, 1973 have made
arrangements for a water supply adequate to
extinguish fires that may occur in the future.
In the alternative, Respondent may elect to
purchase fire extinguishing equipment, to be
permanently located on site, sufficient to control
fires that may occur in the future.
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I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
were adopted on the 23rd day of August, 1973 by a vote of 3-0.
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