ILLINOIS POLLUTION CONTROL BOARD
    August
    5, 1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 75—179
    CITY OF CARBONDALE,
    Respondent.
    MR. JOHN VanVRANKEN,
    Assistant Attorney General, appeared on behalf
    of the Complainant;
    MR. JOHN WOMICK, City Attorney,
    appeared on behalf of Respondent;
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    This matter comes before the Board on
    a Complaint filed
    by the Attorney General on behalf of
    the Environmental Protection
    Agency
    (Agency)
    on April
    29,
    1975 against the City of Carbondale
    (City) Jackson County, Illinois.
    The Complaint alleges that
    the City violated Section
    21(e)
    of the Act and Rules
    201 and
    202(a)
    of the Board’s Solid Waste Regulations
    by developing and operating
    a solid waste management
    site without the required permits.
    A
    hearing was held in Carbondale on April
    28,
    1976.
    The Board finds that Complainant has failed to prove the
    essential elements of the alleged violations.
    Complainant
    has failed
    to show that a landfill exists which the City developed,
    owned, operated or otherwise controlled, without a permit.
    The
    Board does not find the inability of Complainant’s witnesses
    to
    give the exact legal description of the site they inspected
    to
    be a fatal variance between the proof and the allegations
    of the Complaint.
    However, Complainant does have the burden
    of proving that the City violated the Regulations and the Act.
    Yet,.from the evidence presented,
    it is impossible to determine
    whether witnesses Hatfield and Samuel were even testifying about
    the same site.
    Mr. Samuel could not even vouch for the accuracy
    of his inspection reports
    (R.
    84,
    141,
    142)
    23
    —
    207
    —2--
    Complainant has woefully failed in its burden of proof
    under Section 31(c)
    of the Act.
    The Board must dismiss this cause.
    This Opinion constitutes
    the Board’s findings of fact and
    conclusions of
    law.
    ORDER
    The Complaint in this matter is hereby dismissed.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    B ard,
    hereby certify the above Opinion and Order were adopted on the
    ‘~“-dayof August,
    1976 by a vote of
    ~
    Christan L. Mo fett,
    Illinois Pollution Co
    Board
    23
    —
    208

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