ILLINOIS POLLUTION CONTROL BOARD

October3-3,

1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

#72—267

JESSE W.

FARLEY,

SR.

Delbert D. Haschemeyer appeared for the Environmental Protection

Agency;

James

R.

Potter, Springfield,

Illinois, appeared for Respondent

Farley.

OPINION AND ORDER OF THE BOARD

(by Samuel T.

Lawton,

Jr.):

Complaint was filed by the Environmental Protection Agency

against Jesse W.

Farley,

Sr., Respondent, alleging that on or

about August 26, 1970 and on numerous subsequent occasions

Respondent caused or allowed the open burning of refuse and/or

conducted a salvage operation by open burning in violation of

Section

9(c)

of the Environmental Protection Act

(Ill. Rev.

Stat.,

1971,

Chapter 111 1/2, Section 1009(c), which prohibits

the conduct of

a salvage operation by open burning, Rule 2—1.1

of the Rules and Regulations Governing the Control of Air

Pollution continued in effect pursuant to Section 49(c), which

prohibits the conduct of

a salvage operation by open burning,

and Rule 502 of the Pollution Control Board Rules and Regulations,

Chapter

3, Part V,

effective September 17,

1971, which is a

general prohibition against open burning subject only to

specific exemptions and permits.

Respondent Operates a wrecking yard where he engages in

the business of salvaging used cars on a seven—acre tract of

creek bottom land outside the Springfield corporate limits.

Since August 26,

1970, Respondent operation has consisted of

bringing the cars to the yard where he strips them of radiators

and batteries

(R.

6).

Certain neighbors and relatives assist

him in this operation

(R.

33,

41,

52).

The cars are then left

for a Mr. Frye who “smashes them down and hauls

17 to

18 at a

time”

(R.

7).

Respondent estimates that his business involves

about 300 cars per year

(R.

7).

Prior to the time covered by the complaint,

Respondent

alleges he had a variance for open burning

(R.

26), but the

variance apparently expired and was not reinstated.

Since the

date of expiration Respondent states he has never burned refuse

from his operation

(R.

26)

.

Respondent also alleges he has

6

101

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instructed his neighbors and relatives not to do any burning.

However,

he is aware that burning has taken place in his yard,

and does not appear to have taken any affirmative steps

to

pre’~entits recurrence.

The record supports the allegations of open burning of auto

bodies at Respondent’s salvage yard on August 26,

1970

(R.lO),

September 18,

1970

(R.

11),

April

9,

1971

(R.18—20), and

June 22, 1972

(R,

24).

We believe that the Agency has sustained

its burden of proof by establishing that Respondent caused or allowed

the open burning of automobiles,

in violation of Section

9(c)

of the

Environmental Protection Act, Rule 2—1,1 and Rule 502.

Respondent

alleges that the open burning has been caused by trespassers

(R.29)

and stray sparks from his cutting operation

(R.28)

in which an

acetylene torch

is used,

However,

as we stated in Environmental

Protection Agency v.

J.

M.

Cooling,

#70-2,

1 PCB 85

(1970), where

we assessed a

$i,uuu penalty because of unintentional but negligent

conduct leading to open burning:

“Negligence,

indifference and

slipshod operation of a facility having a high potential of combus-

tion,

falls within the purview of the statute and regulations.”

(At 1-94),

We believe Respondent’s conduct falls within this Rule.

We assess a penalty in the amount of

$250.00 for these violations.

In arriving at this penalty figure, we give consideration

to Respon-

dent’s apparent lack of intention

to burn and the relatively small size

of his operation.

However, we order Respondent to cease and desist

all violations of the Act and Regulations and engage in better super-

visory and policing measures

to make his site less attractive to tres-

passers, and to take affirmative steps to prevent any recurrence of

open burning.

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, Jesse W. Farley,

Sr., doing business as Far-

ley Salvage Yard,

shall cease and desist the operation

of his Springfield, Illinois salvage yard,

in violation of

the Rules and Regulations Governing the Control of Air

Pollution and violation of the Environmental Protection Act

(Ill.

Rev.

Stat.,

1972, Chapter 111—1/2).

2.

Penalty in the amount of

$250.00

is assessed against the

Respondent for the violation of Section 9(c) of the En-

vironmental Protection Act, and Rule 2-1.1 of the Rules and

Regulations Governing the Control of Air Pollution,

continued

in effect pursuant to Section 49(c)

of the Act, and Rule 502

of the Pollution Control Board Rules and Regulations,

Chapter

2, Part

V, effective September 17,

1971.

Payment

shall be made within 35 days by certified check or money

—2—

6— 102

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order payable to the State of Illinois, and sent to:

Fiscal Services Division, Illinois Environmental Pro-

tection Agency,

2200 Churchill Road,

Springfield,

Illinois 63706.

3.

Respondent shall take affirmative steps to secure entrance

to his salvage yard against trespassers; such steps shall

have the approval of the Environmental Protection Agency.

Respondent shall permit representatives of the Environ-

mental Protection Agency to enter his premises at reason-

able hours for inspection of the facilities

to determine

whether the operation is in compliance with the applicable

statutory and regulatory provisions.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Opinion and Order was adopte,~on the

~.3t~”

day of

_________________,

1972, by a vote of

~

to

c~

7Y)

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103

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