ILLINOIS POLLUTION CONTROL BOARD
    July
    10, 1975
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 75—i
    ADOLPH DUNN AND JOE CISEL,
    Respondents.
    MS. MARILYN
    B.
    RESCH, attorney for Complainant.
    MR.
    3.
    MICHAEL MATHIS, attorney for Respondents.
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by Dr. Odell)
    On January
    2, 1975,
    the Illinois Environmental Protection
    Agency
    (Agency)
    filed a Complaint against the Respondents with
    the Illinois Pollution Control Board
    (Board).
    Complainant alleged
    that the Respondents operated a solid waste management site with-
    out an Agency Operating Permit from July 27, 1974,
    until January
    2,
    1975,
    in violation of Rule 202(b) (1) of the Solid Waste
    Regulations
    (Chapter
    7) and Section 21(e)
    of the Illinois Environ-
    mental Protection Act
    (Act).
    Mr. Dunn owns the four—acre site
    located
    in the NW 1/4 of the SE 1/4 of Section 8, Township
    9
    North, Range
    5 East in Peoria County,
    Illinois.
    Mr. Cisel operates
    the landfill and also owns the Cisel Refuse Collection Service
    (Collection Service),
    the only enterprise hauling
    to the site
    (B.
    8).
    A hearing was held in the Peoria County Courthouse in
    Peoria,
    Illinois on February 21,
    1975. Comp.
    Ex.
    1 established
    the allegations set out
    in the Complaint.
    At the hearing the
    parties stipulated to the following additional
    facts
    (R.
    6):
    1.
    On three dates, August 31,
    1973, and May 15 and November
    12,
    1974,
    the Respondents were sent letters by the Agency notify-
    ing them of the requirements
    of an Operating Permit.
    2.
    On September 11,
    1973, Mr. Dunn inquired about an
    operating permit,
    and on September 19,
    1973,
    the Agency mailed
    to Mr.
    Dunn three copies of the operating permit application.
    Respondents called one witness, Mrs.
    Carol Cisel, wife of
    Joe Cisel and daughter of Adolph Dunn.
    She does the bookkeeping
    and clerical work for the landfill and the Collection Service.
    The Collection Service hauls from the communities of Elmwood,
    Brimfield, Yates City, and Laura in western Peoria County and
    eastern Knox and Fulton Counties
    (R.
    9).
    The Collection Service
    pays Mr.
    Dunn a small sum for dumping on the land
    (R.
    16).
    Four
    hundred residential and retail customers are served by Respondents
    (R.
    8).
    Except in
    I3rirrtfield,
    the Collection Service provides
    18—
    51

    —2—
    virtually all the trash
    and
    garbage collection for the communities.
    Approximately one load a day
    is dumped at the site which is open
    about 20 hours per week
    (R.
    8,
    9).
    The Collection Service owns
    $17,000 worth of collection and disposal equipment including a
    garbage truck,
    a hauler and compactor,
    a dump truck, and one D-6
    bulldozer
    (R.
    10).
    During 1974 the Cisel family made $6,000
    from operating the business
    (R.
    11).
    Mr. Cisel does not work at
    the site, but is employed full-time at Caterpillar
    (R.
    10).
    When Respondents were made aware of their need for a permit,
    they believed that a renewal of their 1965 permit from the Water
    Control Board was all that was required.
    Efforts to comply were
    delayed, because Mr. Dunn’s attorney would only correspond with
    Mr. Dunn who is retired and often out-of-town
    (R.
    21).
    It is
    ?stimated that
    a permit application will cost at least $3,000 due
    ~:othe engineering studies
    (B.
    12) needed for application.
    A
    preliminary study
    is now being undertaken at a cost of $500 to
    determine whether the site has
    a useful life of sufficient length
    to justify the expense of compliance
    (R.
    13).
    When the site was
    purchased in 1965,
    its life expectancy was ten to eleven years
    (B.
    20)
    If the site were closed, hauling to a commercial facility
    would mean additional expense for customers
    (R.
    14).
    At the
    present time the operation is considered marginal.
    Although the
    Cisels
    are
    now making a reasonable return on their investment,
    if expenses went up and income went down,
    the site would no longer
    be worth operating
    (R.
    15).
    On April
    28,
    1975, the Board received a “Petition For Leave
    To File Additional Evidenc&’ which stated in part that:
    1.
    “Respondents have been advised that a joint City of
    Peoria-County of Peoria solid waste disposal site will be opened
    on or before approximately November 1,
    1975.
    2.
    “The report prepared for Respondents has determined
    that the approximate useful site life of the present solid waste
    management site is eighteen months and will terminate approximately
    between February and June of 1976 and that final cover would have
    to be started in the early spring of 1976 and that the engineering
    and other services required to prepare and file an Application for
    an Operating Permit would require an expenditure by Respondents of
    approximately $5,000.00 to $8,000.00 and that it is not economically
    feasible to amortize such an expenditure over the useful site life.
    3.
    “No substantive violations of the Act have been charged
    in the Complaint by the Environmental Protection Agency and the
    owners have and will continue to provide adequate daily and inter-
    mediate cover and will commence the final cover operation on
    November 1,
    1975,
    if the Board sees fit to grant a Temporary
    Operating Permit.
    18
    52

    —3—
    4.
    “The owner
    will
    voluntarily and permanently close
    the current site as soon as the joint City-County landfill site
    is opened or no later than November
    1,
    1975 whichever comes
    first.
    5.
    “The present service offered by Respondents
    is vital
    to the health, welfare, and sanitation of the Elmwood, Yates City,
    and Brimfield area
    and
    the economics of the present operation pre-
    clude transportation and disposal elsewhere.
    The loss of refuse
    collection service to these communities will work a direct and
    visable hardship and will,
    in all likelihood, result in the dis-
    persal and disposal of trash around the countryside and in illegal
    dumps.”
    The Agency responded to the Respondents~ Petition and
    stated that “the Board must order compliance with the
    law or
    immediate closure.”
    We find that Respondents have violated Rule 202(b) (1)
    of
    Chapter
    7 and Section 21(e)
    of the Act from July 27,
    1974, until
    January
    2,
    1975, as charged in the Complaint.
    The permit re-
    quirements are an important part of our environmental program.
    While Respondents’ actions do not show bad faith,
    their conduct
    evidences insufficient concern for the Act and regulations.
    Al-
    though the landfill has social value when properly operated,
    failure to comply with the law decreases its worth.
    While the
    cost of compliance may be substantial,
    the requirement exists
    because the permit system provides important environmental safe-
    guards.
    The expense involved is part of the cost of doing busi-
    ness.
    This constitutes the findings of fact and conclusions of
    law of the Board.
    ORDER
    IT
    IS THE ORDER of the Pollution Control Board that:
    1.
    Respondents violated Section 21(e)
    of the Act and
    Rule 202(b) (1)
    of Chapter
    7 as set out in our Opinion.
    2.
    Respondents, jointly and severally liable,
    shall pay
    a penalty of $150.00 for their violations of the Act and regula-
    tions established in this Opinion.
    Payment shall be by certified
    check or money order payable
    to the State of Illinois, Fiscal
    Services Division, Environmental Protection Agency,
    2200 Churchill
    Road,
    Springfield, Illinois
    62706.
    Payment shall be made within
    35 days of the adoption of this Order.
    3.
    Respondents shall cease and desist operating their
    solid waste management site by November
    1,
    1975, or as soon as
    the joint Peoria City-County landfill site
    is opened, whichever
    comes first, unless Respondents obtain a valid operating permit
    from the Agency before said date.
    If the site is closed by
    November lor earlier in 1975,
    final cover
    shall be in place by
    March
    31,
    1976.
    18 —53

    —4—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the /~~‘ day of July,
    1975, by a vote of
    ________
    Illinois
    trol Board
    18— 54

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