ILLINOIS POLLUTION CONTROL BOARD

May 31, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 72—507

FRANK NUTTY,

INC.

& PAUTLER

)

BROTHERS CONTRACTORS,

INC.,

)

Respondent.

Thomas

J.

Iminel, Assistant Attorney General, on behalf of

Complainant;

Don P. Koeneman on behalf of Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Seaman):

Complaint was filed by the Agency on December 20,

1972,

against Respondents Frank Nutty,

Inc. and Pautler Brothers

Contractors,

Inc.,

Joint Venturers.

The Respondents were

engaged as contractors to clear 1,100 acres of The Cedar

Creek Dam and Reservoir Project located approximately five

miles southwest of Carbondale, Jackson County, Illinois.

The complaint charges that Respondents caused or allowed

the open burning of refuse in violation of Section 9(c) of

the Environmental Protection Act

(Ill.

Rev.

Stat.,

1972,

ch.

111½,

§1009(c))

and in violation of Rule 502 of the Rules and

Regulations Governing the Control of Air Pollution continued

effective pursuant to Section 49(c)

of the Act.

The Agency

further charges that Respondents caused or allowed the open

burning of refuse without first obtaining

a permit from the

Agency in violation of Rule

504(a) (4)

of the Rules.

This action comes before the Board on a Stipulation of

Facts entered into by the respective parties.

From that

Stipulation it appears:

1.

That Respondents obtained a.permit from the Agency

to open burn the trees and vegetation at the Cedar Creek

site, which permit expired on July

1,

1972;

2.

That on October

20, 1972, Respondents were still

engaged in clearing operations and had stockpiled trees and

brush at various locations within the project;

8—137

---

—2—

3.

That on October 20,

1972, Respondents open

burned the stockpiled trees and brush;

4.

That no other

incidents of open burning occurred

between July 1 and October 20,

1972;

5.

That Respondents knew or should have known that

the open burning of trees and brush after July

1,

1972 was

prohibited; that Respondents knew or should have known

that open burning after July 1,

1972 without an air curtain

destructor could be permitted only pursuant to

a variance

from the Pollution Control Board.

Respondents admit, therefore,

that they violated

Section

9(a)

of the Act and Rule 504(a) (4)

on October

20,

1972 and a penalty will be imposed.

In mitigation thereof,

the Board finds that for reasons beyond the control of

Respondents,

project delays caused by tardy right~-of—way

acquisition resulted in the Respondents being unable to

complete clearing operations by July

1,

1972

(R,

20,

Stipulation 8).

Further,

no people live in the area in

question and the Agency has received no citizen complaints

(R.

39)

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.

Respondents cease and desist any further open

burning on the project site without having first obtained

a permit from the Agency or

a variance from this Board.

2.

Both Respondents, individually, shall pay to the

State of Illinois the sum of $250 within thirty 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 Pro-

tection 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

~~~day

of

tv~\

,

1973,

by a

voteof

4

to

~

~LJ~fn#t~

8

—

138