ILLINOIS POLLUTION CONTROL BOARD
    May 10, 1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 72—155
    ILLINOIS CENTRAL RAILROAD COMPANY,
    Respondent.
    Delbert Haschemeyer, Assistant Attorney General, on behalf of
    Complainant;
    Joseph W. Phebus on behalf of Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Seaman):
    Complaint was filed by the Agency against Respondent,
    Illinois Central Railroad Company,on April
    14,
    1972.
    The complaint alleged that on August 4,
    1971, Respondent
    caused, threatened or allowed the open burning of railroad
    ties and/or other refuse so as to cause or tend to cause
    air pollution in Illinois in violation of Section
    9(a)
    and
    9(c)
    of the Environmental Protection Act.
    Respondent moved to dismiss, which motion was denied,
    and has not filed an answer to the complaint.
    Therefore,
    this action will be decided upon the allegations of the
    Agency complaint, the record of the hearing held February
    22,
    1972,
    and the exhibits admitted therein.
    Injunction had been issued against the Respondent in
    the Circuit Court of Champaign County enjoining the Respondent
    from “knowingly, intentionally and willfully burning railroad
    ties”.
    The alleged burning incident, which is the subject
    of the present complaint, was asserted in the Champaign
    Circuit Court as constituting a violation of said injunction
    based on a complaint and petition for rule to show cause.
    On March 30, 1972,
    an Order was entered on that petition in
    favor of Respondent, herein, and the rule to show cause dis-
    charged.
    The violation of the injunction required a finding of
    willfull action whereas the complaint in the instant case
    requires only a demonstration that the alleged open burning
    of
    ties was threatened or allowed by Respondent.
    To threaten
    or allow open burning of ties is sufficient to constitute
    violation of the Environmental Protection Act, Section
    9 (a)
    7
    —
    747
    —2—
    From the record,
    it is undisputed that on August 4,
    1972,
    several piles of railroad ties,
    located immediately
    adjacent to Respondent’s railroad tracks, burned between
    9:30 a.m. and 4:25 p.m.
    It is also undisputed that two of
    Respondent’s employees
    (Joseph Russell Madia,
    freight car
    inspector,
    and Wilbur Aaron Tauber, extra yardmaster) were
    notified of the fires, witnessed same,
    and took no steps
    to extinguish the burning ties
    (R.
    11, 21).
    It
    is not necessary in this fact situation for the
    Board to inquire into the origin of the fires, nor has
    either party offered convincing evidence pertinent thereto.
    The Board is satisfied that several piles of ties
    burned on Respondent’s property, that Respondent was aware
    of the situation,
    and that Respondent made no effort to
    correct the violation.
    Respondent is therefore found to
    have violated Section 9(a) of
    the Environmental Protection
    Act for which Respondent is ordered to pay a fine in the
    amount of $200.
    ORDER
    Illinois Central Railroad Company shall pay to the
    State of Illinois the sum of $200 within
    35
    days of the
    date of this Order.
    Penalty payment by certified check or
    money order payable to the State of Illinois shall be made
    to:
    Fiscal Services Division, Illinois Environmental
    Protection Agency, 2200 Churchill
    Road, Springfield, Illinois
    62706.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, certify that the above Opinion and Order was adopted by
    the Board on the
    l~
    day of
    _______________,
    1973,
    by a vote
    of
    to
    —.
    •:~J~
    ~
    1y~~’~I
    7
    —
    748

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