ILLINOIS POLLUTION CONTROL BOARD
    March 25, 1976
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 75—181
    LAGRANGE
    STATE BANK, TRUSTEE for
    )
    TRUST NO. 2404, E. JAMES ADCOCK
    )
    and
    GRACE
    A. ADCOCK,
    )
    )
    Respondents.
    Mr. James L. Dobrovolny, Assistant Attorney General, appeared
    on behalf of Complainants.
    Ms. Anne C. O’Laughlin appeared on behalf of the Respondents.
    OPINION AND ORDER OF THE BOARD (by Dr. Satchell):
    The People of the State of Illinois, Complainant, filed the
    original complaint in this matter on April 29, 1975. The Com-
    plainant subsequently filed two amended complaints, one on
    September 3, 1975 and one on November 10, 1975 establishing
    LaGrange State Bank as legal owner and trustee for trust
    number 2404 and E. James Adcock and Grace A. Adcock as beneficial
    owners of the parcel of land in question. This property is
    located south of 95th Street and east of Madison Street, in an
    unincorporated area south of the Village of Hinsdale, County of
    DuPage, State of Illinois, and is within 40 air miles of Meigs
    Field, Chicago, Illinois. The amended complaint charged Res-
    pondents with the open burning of large quantities of refuse,
    including but not limited to landscape waste and motor vehicle
    tires, without first obtaining a permit from the Environmental
    Protection Agency (Agency) in violation of Rule 502, Part V,
    Chapter 2 of the Air Pollution Control Regulations of the
    Illinois Pollution Control Board and Section 9(c) of the Illinois
    Environmental Protection Act, Ill. Rev. Stat. Ch. 111 1/2, par.
    1009(c) (1973).
    Complainant filed a Request for Admission of Facts on
    September 19, 1975. Respondent, LaGrange State Bank responded
    as Trustee of Trust No. 2404. Complainant then filed an amended
    complaint on November 10, 1975 followed by another Request for
    Admission of Facts. Respondents E. James Adcock and Grace A.
    Adcock (the Adcocks) answered and established themselves as the
    20—329
    —2—
    beneficiaries of the legal interest of the aforementioned
    property. However the Adcocks denied allowing or causing the
    burning of large quantities of refuse on their land.
    At the hearing a Stipulation and Proposal for Settlement
    was presented. There was no other testimony and no citizen
    comment. The agreed facts are that LaGrange State Bank is
    legal owner and trustee of the premises involved and the
    Adcocks are owners of the beneficial interest in the property.
    On or about April 21, April 22 and April 26, 1975 burning of
    large quantities of refuse (approximately 25 cubic yards in
    size) did take place on the aforementioned premises, but this
    was with no knowledge whatsoever on the part of the Respondents.
    Respondents have no permit for burning of refuse and admit
    burning of waste without a permit is in violation of Rule 502,
    Part V, Chapter 2, of the Air Pollution Control Regulations of
    the Board and i.n violation of Section 9(c) of the Act. The
    Adcocks agreed to a penalty of $500 to be paid on final order
    of the Board. They will refrain from open burning on the
    premises without a permit and make good faith efforts to
    prevent others from so doing.
    The Board finds that the Respondents were in violation of
    Rule 502(a), Part
    V1
    Chapter 2 of the Air Regulations and 9(c)
    of the Act. The Board also finds the Stipulation of Facts and
    Proposal of Settlement are acceptable remedies for the violations.
    This Opinion constitutes the Board’s findings of fact and
    conclusion of law.
    ORDER
    It is the order of the Pollution Control Board that:
    1. Respondents, LaGrange State Bank, E. James Adcock, and
    Grace A. Adcock violated Section 9(c) of the Environmental
    Protection Act, and Rule 502(a), Part V, Chapter 2 of the
    Air Pollution Control Regulations as set forth in the above
    opinion.
    2. Respondents shall cease and desist the aforesaid violations.
    3. Respondents, E. James Adcock and Grace A. Adcock shall pay
    a fine of $500 for the determined violations. Payment shall
    be by certified check or cashier’s check made payable to the
    20—330
    —3—
    Treasurer of the State of Illinois and remitted to
    the Illinois Attorney General’s Office, Environmental
    Control Division, 188 West Randolph, Suite 2315, Chicago,
    Illinois 60601 within 14 days of this order.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby ceTtify the above 0 inion and Order
    were adopted on the
    p~~’
    day of
    _________,
    1976 by a vote
    of
    ________
    Christan L. Moffe
    lerk
    Illinois Pollution ontrol Board

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