ILLINOIS POLLUTION CONTROL BOARD
July
12,
1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—107
GENE ZAHRADKA,
Respondent.
MR. STEPHEN GPOSSMARK, ASSISTANT ATTORNEY GENERAL, appeared
on behalf of Complainant.
GENE ZAHRADKA appeared p~ Se.
OPINION AND ORDER OF THE BOARD
(by Mr.
Durnelie):
The Complaint
in this case alleges that Respondent
violated Section 21(f)
of the Environmental Protection Act
(Act)
by disposing of refuse at
a site or facility which
does not meet the requirements of the Act and regulations
thereunder.
Hearings were held on July 18, 1978 and Septem-
ber 12,
1978.
At the hearings,
it was determined that Respondent was
in the business of collecting refuse and disposing of
it at
the Taylorville Landfill located
in the Southwest Quarter of
the Southwest Quarter
of Section
13, Township
13, North,
Range
3 West
of the Third Principal Meridian,
in Christian
County,
Illinois.
Respondent admitted that on numerous occasions beginning
on or about August 24,
1977 and continuing through
the
filing of the Complaint,
April
18, 1978,
refuse was hauled
to the Taylorville
site.
The hauling continued subsequent
to a November 30, 1977 letter (Exhibit No.
6) from the
Division of Land/Noise Pollution Control
of the Agency.
The
letter informed Respondent that the Taylorville Landfill was
not
in possession of an operating permit as required by
Section 21(e) of the Act and Rule 202 of Chapter
7:
Solid
Waste Rules and Regulations.
This issue had previously been
resolved in EPA v.
Harold Broverman and Theodora Baker d/b/a
Taylorville Landfill,
PCB 76—114,
decided November 10,
1977,
28 PCB Op.
123,
affirmed as modified,
Harold Broverman and
Theodora Baker d/b/a Taylorville Landfill v.
EPA and P03,
(5th District,
No.
78—32, May 25,
1979).
—2—
Alternate
sites meeting the requirements of the Act and
the Regulations were suggested to Respondent
(Exhibit No.
6).
Also noted is that it
is Respondent’s responsibility to
ensure that the location where waste is disposed of has the
required operating permit.
Taylorville Landfill has not and
does not meet the requirer~entsof the Act and Regulations
in
that no operating permit was ever issued to the owners, nor
does it meet the operational
requirements.
A Notice of Enforcement
(Exhibit No.
7) was issued on
January
9,
1978 due to Respondent’s disregard of the prior
notices served and continued violation of the Act.
After review of the factors in Section
33(c)
of the
Act,
the Board
finds that continued hauling by Respondent
to
a site previously found to have violated the Board’s rules
and the Act
is injurious
to the public health.
It
is also
of questionable
social
and economic value in light of the
availability of alternate disposal
sites.
In particular
is
the Christian Community Landfill across the road from the
Taylorville site
(R.47—50).
Compliance
is reasonable and
does not constitute
a technical impossibility,
nor does
it
impose an arbitrary or unreasonable hardship.
A penalty of
$300 is assessed
to aid in the enforcement of the Act.
Respondent will be required to cease and desist from further
violations of the Act.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
1)
Respondent has violated Section
21(f)
of the Environmental
Protection Act.
2)
Respondent shall cease and desist from any further
violations of Section
21(f)
of the Act.
3)
Within 35 days of the date of this Order,
iRespondenL
sha’l
forward the sum of $300 by certified check
or
money order,
payable to the State of Illinois
to:
Illinois Environmental Protection Agency
Fiscal Services Section
2200 Churchill Road
Springfield,
Illinois
62706
IT IS SO ORDERED.
35—18
—3—
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control~Board, hereby
ertify the above Order was adopt d on
the
/~
~ day of
________________,
1979 by
a vote of
Illinois Pollution
-~E~_
1 9