ILLINOIS

POLLtJTION CONTROL BOARD

January16,

1973

ENVIRONMENTAL

PROTECTION

AGENCY

v.

)

#72—16

RICHARD

McCORMICK

Prescott

E.

Bloom, Assistant Attorney General,

on behalf of the

Environmental Protection Agency

Edward Zukosky on behalf of Respondent

Opinion and Order of the Board

(by Mr. Lawton):

Respondent operates a refuse disposal site located in Evans

Township, Marshall County, servicing about thirty nearby towns

(R.

89)

.

Respondent uses

four trucks,

employs seven helpers and ha5

been dumping at this site,

some

seven miles west of Wenona, for

eight years

(R. 90-91)

,

depositing about six or seven loads of

garbage at

the site each day

(R.

103)

On January 13,

1972,

the Environmental Protection Agency

(“Agency”)

filed a complaint against Respondent, alleging numerous

violations

of

the Illinois Environmental Protection Act

(Ill.

Rev.

Stat.,

Ch.

111 1/2), hereinafter called the “Act,” and the Rules

and Regulations for Refuse Disposal Sites and Facilities, herein-

after called the “Refuse Rules,” on several separate occasions.

S~ecifica1ly, the complaint charged that Respondent caused or

allowed the open dumping of garbage and refuse on seven dates,

the open burning of refuse on two dates,

the failure to provide

adequate daily cover

since July

1,

1970 and operation of the site

since that date without

a permit.

With few exceptions, we find

the evidence supports the charges of violations

as contained

in

the complaint, and specifically find the following violations to

have occurred, as charged, on the dates specified:

1.

Open Dumping of Garbage and Refuse:

April

22, 1971

(R.

36—41);

May

27, 1971

(R. 47—49,

79—81); September 14, 1971

(R.

53—56)

;

September 28, 1971

(R. 13—27,

64; EPA Ex. #1—5)

September

29,

1971

(R. 16—22,

27,

65; EPA Ex.

1—5);

2.

Open Burning of Refuse:

May 27, 1971

(R.

47—49)

3.

Failure to Provide Daily Cover:

September 15, 1971

(R.

56)

September 29,

1971

(R.

65)

While the evidence indicated that there may have been in-

adequate

spreading or compacting of refuse on several occasions

(R.

39,

47,

54,

64,

79—81)

or blowing litter on others

(R.

49,

64-69) we think the complaint was not explicit enough in informing

Respondent of

these

charges, and therefore we are unable to find

th~~t

such aileqed violations occurred.

6—

489

---

For the violations found

to have occurred, we will order the

Respondent to pay a penalty in the amount of $250.00 to the State

of

Illinois.

We will also require that violations of applicable

laws and regulations at the site cease at once, and that Respondent

take necessary steps to see that they do not recur.

The above constitutes the Board’s findings of fact and con-

clusions of law.

ORDER

1.

Respondent shall pay to the State of Illinois, within thirty

(30) days of the date of receipt of this

Order, the sum of

$250.00 as penalty for the violations found in this proceeding.

Payment shall be made by check or money order payable to the

State of Illinois, and shall be sent to “Fiscal Services

Division, Environmental Protection Agency,

2200 Churchill

Road,

Springfield,

Illinois 62706.”

2.

Respondent shall forthwith cease and desist all violations

of the Act and Refuse Rules at said landfill site and shall

take all necessary steps to see that such violations as found

herein do not recur in the fiture.

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

certify

that the Board adopted the above Opinion

& Order this

16th

day of

January

,

1973,

by a vote of

3-0

6

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