ILLINOIS POLLUTION CONTROL BOARD

February 7, 1980

DUPAGE COUNTY HEALTH DEPART?~NT,

Complainant.

v.

)

PCB 79-~-152

DALE C. BINA,

Respondent.

MR. JOSEPH E. BONN, ASSISTANT STATES ATTORNEY OF DUPAGE COUNTY,

APPEARED ON BEHALF

OF THE COMPLAINANT.

MR. DALE

C.

BINA APPEARED PRO SE.

OPINION AND ORDER OF THE BOARD (by Dr. Satchell):

This matter comes before the Board upon a complaint filed

by the DuPage County Health Department on August 1, 1979. The

complaint alleges that Respondent, Dale

C.

Bina, .openly burned

landscape waste on April 24, 1979 and April

25,

1979 in violation

of Rules 502 and 503(c) (4) (v) of Charter 2: Air Pollution Control

Regulations (Chapter 2). Rule 503(c) (4) (v)~specifically prohibits

the open burning of landscape waste in rural areas 1000 feet or

less from a municipality in which open burning of landscape waste

is prohibited. The Village of Wheaton makes it “unlawful to set

fire to

or burn

any grass or wooded plot or the herbage or shrub~

bery in any place in the city” (Ex, 4).

A hearing was held in Wheaton on November 13, 1979; members

of the public attended, but did not comment. On April 24, 1979

Mr. Orville L. Meyer observed Respondent burning a pile of land~

scape waste that had apparently just been ignited CR. 7). Mr.

Meyer notified Respondent that the burning of landscape waste was

prohibited CR.

7).

Respondent then put out the fire CR. 17). At

approximately the same time the next day Mr. Meyer again saw smoke

at the site CR. 8). Mr. Bina states that he did not reignite the

fire CR, 35). He found coals had ignited a couple of branches

which he put

out

again CR.

35),

Mr. Bina was trimming the wastes

and using it as kindling and firewood; he burned only a small pile

of

branches

(R. 30, 31),

Mr.

Meyer

testified that the fire was burning thirty or forty

feet

from

Shaffner Road and that Wheaton is “right across Shaffner

Road” CR. 10)

.

37~315

---

—2—

The Board finds that Respondent was in violation of Rule

503(c) (4) Cv) and consequently Rule 502 of Chapter 2. Before the

Board determines what penalty is necessary it must consider the

factors enumerated in Section 33(c) of the Environmental Pro-

tection Act (Act). Respondent admits to ornen burning which is a

violation of the regulations; however, this incident did not pro-

duce great quantities of air pollution. There was little social

or economic value to burning

the

trimming from

the

firewood.

It

would be technically and economically feasible to dispose of these

wastes by haulincT them away to a proper disposal site. The unsuit-

ability of the pollution source at this location is the very reason

for this violation. The Board finds that a penalty of $25 is suf-

ficient to aid the enforcement of the Act.

This Opinion constitutes the Board~s findings of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1. Respondent, Dale C. Bina,

is

found to have violated

Rule 503(c) (4) (v) and consequently Rule 502 of Chapter

2: Air Pollution Control Regulations.

2, Respondent shall, by certified check or money order

payable to the State of Illinois, i~aya civil penalty

of $25 which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

I, Christan L, Moffett, Clerk of the Illinois Pollution

Control Board, hereby certif t e above Opinion and Order were

adopted on the 71~-¼ day ~

,

1980 by a vote of ~-O

Illinois Polluti

Board