ILLINOIS POLLUTION CONTROL BOARD

May 3,

1973

ENVIRONMENTAL PROTECTION AGENCY

#72—502

v

CITY OF PRINCETON

PRESCOTT BLOOM, SPECIAL ASST. ATTORNEY GENERAL, APPEARED ON

BEHALF OF ENVIRONMENTAL PROTECTION AGENCY

GEORGE S.

SKINNER, APPEARED ON BEHALF OF RESPONDENT

OPINION AND ORDER OF THE BOARD

(BY SAMUEL

T.

LAWTON,

JR.):

Complaint was filed against the City of Princeton alleging

that since July 1,

1970,

in the operation of

its refuse disposal

site and facility, Respondent violated Section 21(e)

of the

Environmental Protection Act requiring the obtaining of a permit;

caused or allowed open dumping of refuse in violation of Section

21(b)

of the Act on seven specified dates in 1971 and 1972;

violated Section 9(c)

of the Act and Rule 5.02(a)

and

(b)

of Part V,

Chapter

2, Air Pollution Regulations,

on September 28,

1971 and

September 29,

1971; caused or allowed open dumping of refuse in viola-

tion of Rule 3.04 of the Rules and Regulations for Refuse Disposal

Sites and Facilities on seven specified dates in 1971 and 1972; vio-

lated Rule

5.03 of said Rules with respect to confining the dumping

of refuse to the smallest practical area on the same dates; failed

to provide fencing in violation of Rule 5.04 on four specified dates

in 1971 and 1972;

failed to spread and compact in violation of Rule

5.06 on seven specified dates in 1971 and 1972;

failed to provide

daily cover in violation of Rule

5.07 on the same dates; and deposited

liquids and hazardous materials without Agency approval in violation

of Rule 5.08 on the same dates.

The entry of a cease and desist order, the requirement for a

permit from the Agency or the closing of the facility and penalties

in the maximum statutory amount are sought.

Hearing was held on March

5,

1973,

at which time a stipulation

of fact was submitted pursuant to which the City acknowledges that

it operated the facility without an Environmental Protection Agency

permit until March

5,

1973,

at which time

a permit to modify and

operate the site was issued by the Environmental Protection Agency.

The stipulation states that open dumping of refuse has been discon-

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tinued, that open burning of trees has been discontinued,

that dumping

is presently confined to the smallest practical area,

that portable

fencing has been installed and that daily cover has been applied

since May

25,

1972.

A full-time operator is at the site to properly

spread and compact refuse as admitted.

Disposition of liquid and

hazardous materials were disposed of pursuant to permit issued by the

Environmental Protection Agency on August

2,

1971, and lagoons required

by the permit appear to have been established.

Efforts are being

made to minimize blowing paper and to emplace dirt cover over the entire

dumping area.

Proper final cover has not been applied to all portions

of the site, but cover will be available and applied during the spring

months.

Concrete

paving

bricks

and

construction

debris

presently

on

the

site

are

being

moved

and will be completely covered.

Implicit in

the

stipulation

is

that

violations

of

all

of

the

allegations

of

the

complaint

except

those

relating

to

disposition

of

hazardous

materials

without a permit are conceded.

It also

is evident that the City

is

taking affirmative steps to bring its operation into compliance, for which

we commend it.

We

will

direct

the

City

to

cease

and

desist

all

future

violations

of

the

relevant

Regulations and statutory provisions and impose a

penalty

in

the

amount

of

$500

for

the

violations

aforesaid.

This opinion constitutes the findings of fact and conclusions of

law of the Board.

IT

IS THE ORDER of the Pollution Control Board:

1.

City of Princeton shall, within 30 days from the date

of this Order, apply for and obtain a permit from the

Environmental Protection Agency for operation of its

landfill site and shall cease and desist all violations

of the relevant Regulations and statutory provisions

with respect to the operation of refuse disposal sites and

facilities.

2.

Penalty in the amount of $500 is assessed for violations

of Sections 9(c) and

21(b) and

(e)

of the Environmental

Protection Act and Rules

3.04,

5.03,

5.04,

5.06 and 5.07

of

bhe Rules and Regulations relative to Refuse Disposal

Sites and Facilities and Rules

5.02(a)

and

(b)

of Chapter

2,

Air Pollution,

of the Rules and

Regulations

of

the Illinois

Pollution

Control Board.

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 Drive, Springfield, Illi-

nois 62706.

I, Christan Moffett,

Clerk of the Illinois Pollution Control Board,

certify that the above Opinion and Order was adopted on the

~

day of May,

1973, by

a vote of

4./

to

p

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