ILLINOIS

POLLUTION CONTROL BOARD

June 9, 1971

ENVIRONMENTAL

PROTECTION AGENCY

)

)

v.

)

PCB

$

71—30

)

C. E. KOONS

Opinion

of

the Board (by Mr. Currie):

flon about 1966 into July of 1970 Mr. Thons openly dumped

various waste materials on his property near Flora. CR. 13, 14).

He nade no attempt, despite repeated warnings, to comply with the

requirenents of the statutes and the Rules and Regulations for

Refuse Disposal Sites and Facilities CR. 18, 19). The evidence

shows no conpaction

(Rule 5.06), spreading (Rule 5.06), or covering

of refuse (Rule 5.07); dumping over an unreasonably large area

Utile 5.03); inadequate supervision (Rule 5.02), inadequate

access

roads (Rule 4.03); and inadequate equipment for refuse handling

(Rule 5.05), or fire prevention (Rule 4.04). Open dumping itself

is fcrbidden not only by Rule 3.04 but by section 21 of the Environ-

mental Protection Act. The violations are conceded. The respondent’s

exolanation is a financial inability to operate the site in

conpliance with the :aw. CR. 76,77).

Since ?une 1970 Mr. Thcns has determined to close the site

CR. 9, 10).

His duty to cover or remove all remaining refuse is

clear. The Rules clearly require

final covering

of closed sites

with-

in

six ncnths (Rule 5.07

9)).

It has

taken an inordinately

and illegally long

tthe to do

this. Just before the hearing

Mr.

lZoons

borrowed the services

of a farmer and his caterpillar

to push some of the retuse into a pit CR. 25-28) and

he expects

to get the farmer back tc cover ~.twhen the planting schedule

permits CR. 79). One gathers a single day’s work will do the

trick CR. 80). Larger itema such as refrigerators and tires he

has begun hauling away by pickup truck; he thinks this

can be

accomplished with another 5 truckloads, which can be done 2 or

3 a week CR. 81).

We

recognize the claim of financial difficulty, although

there is nothing in the record to back up

the

respondent’s

staterent that he cannot afford ‘o run a landfill in accord with

the law. Poverty is no excuse; people who haven’t money to do

business as the law reauires shouldn’t do business. Mr. Koons

long continued illegal dumping after he knew it was wrong. And

his efforts to close out the site have been far too lackadaisical.

1-883

---

We cannot allow the cleanup, a1~ady delayed nearly a year since

dumping ceased, to await the

conveiiience

of a nearby farmer,

Mr. Kôons testified he had made no effort to employ a commercial

equipment firm to do this brief and simple job for him,

Mr. Koons will be required to cease dumping at the site

altogether, since he has demonstrated he lacks the resources to

do so in compliance with the law; to cover or remove the remaining

refuse within two weeks, as that can easily be done; and to pay a

penalty of $100 for his repeated and deliberate violations, This

sum, w~add, would be considerably higher but for his uncontested

assertion of poverty, Any failure to comply with this order will

be subject to penalties more severe.

This opinion constitutes the Board~sfindings of fact and

conclusions of 1aw~

ORDER

1) C~ E~ Koons shall not cause or allow the deposit of refuse

on his property near Flora.

2) C, E. Koons shall either remove from the premises or

cover, in accordance with the Rules and Regulations

for Refuse Disposal Sites and Facilities, all refuse

presently on the site, no later than June 23, 1971,

3) C, E, Koons shall pay to the State of Illinois, on or

before July 13, 1971 the sum of $100 as a penalty for

the violations found the the Board.

I, Regina E, Ryan,

above

Opinion and Order was entered

I —

664