ILLINOIS POLLUTION CONTROL BOARD

November

30,

1978

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 77—344

FIRST NATIONAL BANK IN DEKALB,

a/t/u Trust Nos.

174,

208A,

576

and 626, LOUISE WAGNER ERICKSON,

GEORGE SHIPMAN

AND

BARBARA SHIPMAN,

Respondent.

MR. DEAN HANSELL, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

MR. DANIEL L. CLIFFE, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by Dr. Satchell):

This matter comes before the Board upon

a complaint filed by

the Environmental Protection Agency

(Agency)

on December 29,

1977.

The complaint alleges

in six counts violations of Rules

303(a),

303(b),

305(c), 314(e),

315 and 314(c)

of the Chapter

7:

Solid Waste Regulations

(Chapter

7)

and Section 21 of the

Environmental Protection Act

(Act).

The subject site is approximately eight acres within a 190

acre tract near DeKaib,

in DeKalb County,

Illinois.

The First

National Bank

in DeKalb holds title to the subject land as

trustee for trust numbers

174, 208A,

576 and 626.

Louise

Wagner Erickson is owner of a one—third undivided interest in

the property.

George Shipman and Barbara Shipman are the

beneficial owners of the remainder of the property.

From the

record presented,

there is no doubt that demolition wastes and

other refuse were placed on this site.

However, the record

lacks sufficient proof that any of this refuse was placed since

the Act or the regulations as alleged went into effect.

Rule 102 of Chapter

7 provides:

Rule

102:

Repeals.

These rules and regulations replace and supersede

Rules and Regulations for Refuse Disposal Sites and

Facilities, adopted by the Illinois Department of

Public Health on March 22,

1966 and continuing in

effect pursuant to Section

49(c)

of the Environmental

Protection Act

“until repealed, amended or superseded

32—147

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—2—

by regulations under this Act,” except that any pro-

ceeding arising from any occurrence happening prior

to the applicable provision of these rules and

regulations shall be governed by the above described

Rules.

For the alleged Rules

of Chapter

7 to apply, it must be shown

that the site was in operation after the effective date of these

regulations, EPA v. Ernest Palmer,

PCB 76-81,

22 P03 165

(1976)

EPA v. Alex Chesney, PCB 76—40,

23 PCB

31

(1976)

.

For this

reason the Board finds the alleged Rules and Regulations in-

applicable and therefore the complaint must be dismissed.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in the matter.

ORDER

It is the Order of the Pollution Control Board that the

Complaint in this matter against the First National Bank in

DeKaib, Louise Wagner Erickson, George Shipman and Barbara

Shipman

is dismissed.

I, Christan

L. Moffett, Clerk of the Pollution Control Board,

hereby certify the above Opinion and Order were adopted on the

____________

day of

~

,

1978 by a vote of

~-c~

~A~~L~oi

~-~-

Christan L. Mof~~, Clerk

Illinois Pollution Control Board

32—148