ILLINOIS POLLUTION CONTROL BOARD
July
2E4 1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
PCB 79—l6
WILLIAM MILLAS, CITY OF CENTREVILLE,
)
and SOUTHERN ILLINOIS BLACK TRUCKERS,
)
INC.,
Respcndents.
Mr. Reed Neuman, Assistant Attorney General, appeared on behalf
of the Complainant;
Mr. John Sprague, Sprague, Sprague
& Ysura, appeared on behalf
of Respondents William Millas and City of Centreville.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
On January 23, 1979,
the Environmental Protection Agency
filed a Complaint against Respondents, William Millas, the
City of Centreville
(City)
and Southern Illinois Black Truckers,
Inc.
(Southern).
The Complaint alleged that the Respondents
Millas and the City had caused or allowed the construction and
installation of a solid waste disposal site from January 19,
1977,
until
the date of this Complaint without the necessary
development and operating permits
in violation of
Section
21(e)
of the Environmental Protection Act and Rules 201 and 202(a)
of Chapter
7:
Solid Waste Regulations.
The Respondents Millas
and the City were also charged with violations of Section 21(b)
of the Act and Rules
301,
305(a),
305(c)
and 311 of Chapter 7
for daily cover violations from January 19,
1977,
for final
cover violations from March 30,
1977,
and for open burning
violations
from February 16,
1977,
until the date of the Complaint.
The Complaint further alleged that Respondent Southern Illinois
Black Truckers,
Inc. caused or allowed the operation of
a solid
waste disposal site from July
1,
1978, until the date of filing
of the Complaint
in violation of Section
21(e)
of the Act and
Rule
202(a)
of Chapter
7.
This Respondent was also charged with
failing to provide adequate daily and final cover and for causing
or allowing open burning all since July
1, 1978, until the date
of this Complaint,
in violation of Section 21(b)
of the Act
and Rules 301,
305(a)
,
305(c)
and 311 of Chapter
7.
A hearinq
was
held on Nay 11,
1979,
in l3elleville, Illinois
where the Respondents William Millas and the City of Centreville
were present and duly represented by
the same counsel.
Southern
Illinois Black Truckers,
Inc.
did not appear at the hearing, nor
(lid this Respondent
file
any pleadings
in
this matter.
—2—
At the beginning of the hearing,
the Agency and the
Resnondents Millas and the City submitted Joint Group Exhibits
1 through
5, which included the Agency’s Request
for Admissions
and Genuineness of Documents and the Answer(s)
from William
Mules
(J. Grp.
Exh.
#1)
and the City
(J. Grp. Exh.
#2)
Complainant’s ExhiLit
#6,
the Request for Admissions submitted
to Southern Illinois Black Truckers,
Inc. was also admitted
into
evidence without response.
The
record
indicates
that
the
Agency
received responses
from
the
Respondents
William
Millas and the City within the 20
days
of
service.
Upon
review
of
the
Respondents’
Answers,
however, the Agency filed a motion with the Hearing Officer
claiming that the responses of Respondent Millas to Request for
Admissions
5,
6,
7,
8 and 11 were inappropriate and unresponsive
and that the Respondent should be compelled to answer them
properly.
Accordingly,
the Hearing Officer ordered that Millas
furnish proper answers on or before March 30,
1979.
Having
received no response
to the order,
the Hearing Officer submitted
an order
on
April
12, 1979,
that Complainant’s Request for
Admissions
3,
6,
7,
8 and 11 be deemed admitted.
Since
the
oriqlna.1 responses of
the
Respondent
Mules
(lid not comply with
the requirement
of
Procedural
Rule
314(c),
the Board will affirm
the hearing Officer’s order on this matter.
(See
J. Grp. Exh.
~i)
While the Respondents Millas and the City submitted timely
responses to the Agency’s Request
for Admissions,
the Respondent
Southern Illinois Black Truckers,
Inc.
failed to submit an
Answer within the 20—day procedural rule requirement, nor on
any occasion prior to the hearing.
Since the record indicates
service of due notice upon Southern’s registered agent,
each
matter of fact and the genuineness of
ea.ch document will be
deemed admitted for the purposes of this enforcement action.
The subject of this enforcement action concerns particular
property owned by the Respondent William Millas which is
located
in the Southwest Quarter of the Southeast Quarter of Section
4
in Township
1 North, Range
9 West of the Third Principal Meridian
in St. Clair County in Centreville,
Illinois.
On January 19,
1977,
the Respondent William Millas entered
into a memorandum
of agreement with the City of Centreville to allow the latter
to dispose of construction debris accumulated from the Centreville
Demolition Program on Millas’ property for two years
for the
sum of $2,000.00.
The agreement provided that the City would
place daily cover and close with final cover upon termination
of the agreement.
Section
5 of the agreement stipulated that
the City was responsible for complying with the Environmental
Protection Agency rules and regulations
(sic)
with regard to
“combustahi.lity,
exposure or any other conditions or regulations.”
Section
6
of the agreement provided that the City would indemnify
MiJ les
for
penelties
imposed
as
a
result
of
the City’s activities
at
the
site.
(R.
40;
J.
Grp.
Exh.
#5).
~S—1~2
—3—
During the period extending from February
16, 1977, until
the date of the hearing, May 11,
1979,
the Agency reported
approximately eleven inspections of the Centreville site.
On
February
16, 1977, Kenneth Mensing, regional manager for the
Agency,
conducted the initial investigation of the Centreville
site.
Inspection revealed that demolition debris had been de-
posited over approximately one acre of the site without spread-
ing or compacting or cover.
Evidence in the record also
indicated that certain debris had been burned at the site.
(J.
Grp.
Exh.
#3,
2-16-77).
The
Centreville
site
was
also inspected by T.
G. Ayers
of the Agency on March 30,
1977, who reported that the site
was in the same general condition
as indicated in the February
16, 1977 report.
On June
7,
1977, the Agency issued a Notice
of Violation against the Respondents Millas and the City.
In
return,
the Respondents stipulated that the Centreville site
would be leveled and cover would be applied within 21 days.
On July
5,
1977,
Mr. Mensing returned to the site to discover
that the debris had been spread and leveled at the Centreville
site except that final cover had not been applied over the one
acre site to specification.
(J.
Grp. Exh.
#3, 3—30-77, 7—5—77;
J.
Grp.
Exh.
#4).
Early 1978 inspections by David Wieties, a field inspector
of the Agency, revealed no new dumping.
However on July
7,
1978,
Mr. Wieti~discovered that the Centreville site had been
reopened and that
7
to 10 truckloads of demolition debris had
been deposited at the site without benefit of spreading,
compacting or provision
for cover.
On July
20,
1978,
Mr. Wieties
returned to the site and observed a dump truck with labeling
“Southern
Illinois
Black
Truckers”
on
the
side
panel
and
an
end-loader
for
purposes
of
spreading
and
compacting
the
refuse.
Three men present at the site stated that they worked for Southern
and were using the Centreville site because they could not
afford
landfill
charges
or
the
cost
of
obtaining
an
Agency
permit.
(R.
25—26;
J. Grp.
Exh.
#3, 3—13—78, 7—5—78,
7—20—78).
Mr.
Wietiesreturned
to
the
Centreville
site
on July
25,
1978,
and
discovered
12
to
15
piles
of newly—deposited demolition debris
at
the
site.
Stockpiles
of
cover
material
were
also present at
the site,
but most of the demolition debris was left uncoinpacted
and
uncovered.
(J.
Grp.
Exh.
#3,
7—25—78)
On
August
4,
1978, Mr. Mensing visited
the site on inspection
to discover that the two entrances of the Centreville site had
been
barricaded.
Mr.
Mensing
observed
that
the
12
to
15
piles
of
demolition
debris
discovered
on
July
25,
1978,
had
been
spread
and leveled.
On further inspection, Mr. Mensing noticed that
certain
material
on
the
south
edge
of
the
site
had
been
burned.
Furthermore, no cover had been applied to the demolition debris,
nor was there any evidence of any cover at the site.
(J. Grp.
Exh.
#3,
8—4—78)
35—133
—4—
During subsequent inspections of the Centreville site on
August
22,
1978,
February
15,
1979,
and
May
11,
1979,
Agency
inspectors
observed
certain
improvements
in
the
site.
On
August
22,
1978,
an
inspection
by
Perry
Mann,
an
environmental
qeoloq
ist
for
the
Agency,
indicated
that
demolition
debris
had
been
spread
and
particular
areas
had
received
cover
material.
However,
Mr.
Mann
observed
evidence
of
burning
along
the
south-
west
side of the site.
While inspecting the site, Mr. Mann
talked
with Andrew Millas,
the son of the Respondent Millas,
who indicated that his
family
was
not
happy
with
the
operation
of the site.
Andrew Millas stated that he had placed the
barricades at the two entrances
to the site, but this did not
prevent
the
deposits
of
new
demolition
debris
at
the
site.
(R.
39—40;
J.
Grp.
Exh.
#3,
8—22—78)
On February
15,
1979, the Agency inspection report dis-
closed no additional demolition material at the Centreville
site.
Exposed demolition material was still evident at the
site,
but
cover
material
had
beer~ stockpiled
at
the
site.
However,
on
May
11,
1979,
the
date
of
the
hearing,
Mr.
Wieties
returned
to
the
Centreville
site
to
find
that
final
cover
had
been adequately applied to
the
site.
At
the
hearing,
the
Respondents
Millas
and
the
City
stipulated
that
the
site
would
be
permanently
closed.
(P.
9;
J.
Grp.
Exh.
#3).
Prior
to
the
issuance
of
this
Complaint,
the
record
shows
that the Respondents received numerous letters from the Agency’s
regional office
in Collinsville informing the three Respondents
of the results of the
investigations,
the
need
for
developmental
and. operating permits and warnings
of possible consequences
if
disposal
of
demolition
debris
continued
at
the
site.
However,
with the exception of the Notice of Violation,
the letters
prompted
no response and
the
warnings
went
unheeded.
(See
~3.
Grp.
Exh.
#1,
A-G;
J.
Grp.
Exh.
#3,
A-F;
J.
Grp.
Exh.
#4).
In
view
of
the
evidence
and
the
admissions
in
the
record,
the
Board
finds
Respondents
William
Millas
and
the
City
of
Centreville
in
violation
of
Section
21(e)
of
the
Act
and
Rules
201
and
202(a)
of
Chapter
7,
for
causing
or
allowing
the
installation
of
a
solid
waste
disposal
site
from
January
19,
1977,
until the date of this Complaint, without the necessary
development
and
operating
permits.
The
evidence
and
the
admissions
are
also
sufficient
for
finding
Respondents
William
Milias and the City of Centreville in violation of Section
21(b)
of
the Act and Rules
301,
305(a),
305(c)
and
311
of
Chapter
7,
for daily cover violations
from February
16,
1977, through June
7,
1977,
end
from
July
7,
1978, until the date
of this Complaint,
and
final
cover v~olationsfrom March
30,
1977,
until the date
of
this
Complaint,
and
for causing
or allowing open burning
violations
on
or
about
February
16,
1977,
March
30,
1977,
Auqiisl:.
4,
1978
and
August
22,
1978.
—5—
With regard to the Respondent Southern Illinois Black
Truckers,
Inc.,
the
Board
finds
that
the
admissions
in
Complainant’s
Exhibit
#6
are
sufficient
for
finding
this
Respondent
in
violation
of
the
allegations
in
the
Complaint
as charged.
Respondent Southern Illinois Black Truckers,
Inc.
is
hereby
found
to
have
caused
or allowed the operation of a
solid waste management site from July 20,
1978, until the date
of this Complaint in violation of Section 21(e)
of
the Act
and Rule 202(a) of Chapter
7.
The Respondent Southern has
also failed
to provide adequate daily and final cover from
July
20, 1978,
until
the date of this Complaint and has caused
or allowed open burning on or about August
4,
1978,
and August
22,
1978,
in violation of Section
21(b)
of the Act and Rules
301,
305(a),
305(c)
end 311 of Chapter
7.
Before considering the penalty provisions of the Act,
the Board will review factors in mitigation for each Respondent.
In defense of the charges
in the Complaint,
Respondent William
Millas claimed that the lease with the City, which imposed a duty
upon the City
to comply with the disposal rules and regulations
of the State,
effectively relieved the Respondent lessor of any
responsibility under the provisions of
the Act or the Board’s
rules and regulations.
The Board disagrees.
In prior decisions,
the Board has held that a lessor of property is responsible for
causing or allowing violations of the Act.
EPA v.
James McHugh,
I?CB 71—291,
4 PCB
511,
513,
514
(May 17,
1972); People v.
Lincoln Stone Quarry, Inc., PCB 75-368,
19 PCB 261
(November
6,
1975).
In both of those cases,
the Board has stated:
“The term “allow”
imposes affirmative duties that may
in some cases go beyond those
of the common law to
exercise care to prevent others from causing pollution
A
landfill owner must exercise some control
over those operating the facility
under
lease
We
do not believe that the policy of the statute
can be evaded by contract.
.
In
Bath,
Inc.
v.PCB,
(1973)
10
Ill.
App.
3d
507, 294
N.E.
2d
788,
the Appellate Court of Illinois, Fourth District
upheld the Board’s finding that the lessor and lessee of a
landfill were
in violation of the State’s sanitary landfill
rules
and regulations.
Therefore, the Board affirms its
finding above that the Respondent Millas was in violation of
his statutory duty under
the Act and under the Board’s Chapter
7:
Solid Waste Regulations with regard to the development,
operation or maintenance of the Centreville site.
The Board
will take notice of the Respondent’s efforts to control the
dumping
at the Centreville site after entering into the
contractual agreement with the City.
Our concern
in this
matter, however, focuses on this Respondent’s duties prior
to
the use of the Centrevilie site to ensure that the site would
be properly prepared for accepting demolition waste
in a manner
consistent with the Act and Board regulations.
—6—
Other factors
in mitigation
in the record include the
poor
financial condition of the City of Centreville, which
the City claims should he considered before any penalty is
assessed.
With regard
to Southern Illinois Black Truckers,
Inc.
,
Respondent’s default prevents the Board from weighing
any
purported
mitigating
factors
on
its
behalf.
Section 33(c)
of the Act requires the Board
in making
its determination to consider and evaluate the degree of
injury to the public,
the social and economic value of the
pollution
source,
the
suitability
of
the
pollution
source
to
its location and t~ctechnical practicability and economic
reasonableness of reducing or eliminating the pollution
violation.
In this case, the Board finds the following:
1.
The character and degree of injury resulting from
these violations
at
the
Centreville
site
is measured
in terms
of the need for a viable permit system for all solid waste
disposal sites
to protect the public from injury or inter-
ference with health and property.
It is well established
that the permit system is the cornerstone of the Act and,
whenever
necessary,
the
Board
must
use
its
penalty
provisions
as
an
economic
incentive
for
compliance
with
the
permit
requirements.
EPA v. Time Chemical,
Inc., PCB 75-291,
19 PCB
386,
387
(December
4,
1975);
EPA
v.
Chenoa
Stone
Co.,
PCB
75-152,
19 PCB 659,
660
(January 14,
1976); EPA v. Scope Products,
Inc.,
et
al,
PCB
75—290,
20
PCB
229,
232
(March
11,
1976).
2.
The social and economic value of the Centreville site
as
a
receiving
site
for
demolition
waste
is
not
questioned
here.
While the Board recognizes the need for a disposal site for
urban renewal
and
other
demolition
programs,
this
does
not
excuse
the
continuous
violations of the State’s solid waste
requirements which are designed to protect the individuals
in
the vicinity of the site and the public at large.
3.
While the Board cannot review the geological and
env~ronmental
suutabu
lity
of
the Centreville site for a
sanitary
landfill
in absence of Agency permit review or
other
evidence in th
record,
we
find
that
operation
of
the
r~itein violation of the permit requirements and at variance
with solid waste management practices seriously diminishes the
social and economic value of the site.
4.
The testimony
in the record indicates that compliance
with the provisions of the Act and the Board regulations was
technically practical and economically reasonable.
However,
the record also reveals that these requirements were willfully
disregarded in the face of numerous letters of warning and
notice of violations.
In
St. Clair County, demolition debris
may be properly disposed of at the S.C.A.-Milam Landfill in
East St. Louis for $20 per load of approximately 15 cubic
yards.
(B.
43).
-~—
1
‘)LZ
—7—
The Board will assess
a $100.00 penalty against the
Respondent William Millas for violations found herein to
aid
in the enforcement of the Act.
While
some mitigation
is justified due to Respondent
City of Centreville’s financial difficulties, such conditions
will not justify tiis Respondent’s failure
to comply with
the laws of this
State
regarding
solid
waste
disposal.
Under
these circumstances, the Respondent City will be assessed
$200.00
as
a minimum necessary to aid in the enforcement of
the Act.
The Board further
finds that
a penalty of
$500.00 is
necessary to induce the Respondent Southern Illinois Black
Truckers,
Inc.
to comply with the requirements of the Act
and Board regulations.
Respondents William Millas, City of Centreville and
Southern Illinois Black Truckers,
Inc.
shall cease and desist
from further violations of the Act and Board regulations as
found herein.
This Opinion constitutes
the Board’s findings of fact and
conclusions
of law in this matter.
ORDER
1.
Respondent, William Millas,
is hereby found in
violation of Section 21(e)
of the Environmental Protection Act
and Rules
201 and 202(a)
of Chapter
7:
Solid Waste Regulations,
for causing or allowing the installation of
a solid waste
disposal site from January 19, 1977 until January
23,
1979.
The Board further
finds Respondent,
William Millas,
in violation
of Section 21(b)
of the Act and Rules
301,
305(a), 305(c)
and
311 of Chapter
7 for failing
to provide adequate daily cover
from February 16,
1977, through June
7, 1977 and from July
7,
1978, until January
23,
1979,
and final cover from March 30,
1977 until January
23, 1979,
and for causing or allowing
open burning on or about February 16,
1977, March
30,
1977,
August
4,
1978 and August
22,
1978.
2.
Respondent, City of Centreville,
is hereby found in
violation of Section
21(e)
of the Environmental Protection Act
and Rules
201 and 202(a)
of Chapter
7:
Solid Waste Regulations,
for causing or allowing the installation of
a solid waste
disposal site from January
16, 1977 until January
23,
1979.
The Board further
finds the Respondent,
City of Centreville,
in violation of Section 21(b)
of the Act and Rules 301,
305(a),
305(c)
and 311 of Chapter
7,
for failing to provide adequate
daily cover from February
16, 1977 through June
7,
1977,
and
from July
7,
1978 until January
23,
1979,
and final cover from
March 30,
1977, until January 23,
1979, and
for causing or
35—I 37
—8—
allowing open burning on or about February 16,
1977, March
30,
1977, August
4,
1978,
and August
22, 1978.
3.
Respondent, Southern Illinois Black Truckers,
Inc.,
is hereby found
to have caused or allowed the operation of a
solid waste disposal site from July
20,
1978 until January 23,
1979,
in violation of Section 21(e)
of the Environmental
Protection Act and Rule 202(a) of Chapter
7:
Solid Waste
Regulations.
The 3oard further finds the Respondent,
Southern
Illinois Black Truckcrs, Inc.,
in violation of Section 21(b)
of
the Act and Rules
301,
305(a),
305(c)
and 311 of Chapter
7,
for failing to provide adequate daily and final cover from
July
20,
1978,
until January
23,
1979, and for causing or
allowing open burning on or about August
4, 1978,
and August 22,
1978.
4.
Respondent, William Millas,
shall pay a penalty of
$100.00 for the aforementioned violations within
35 days of this
Order.
Payment
shall be by certified check or money order
payable to:
State of Illinois
Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
5.
Respondent, City of Centreville,
shall pay
a penalty of
$200.00
for the aforementioned violations within 35 days
of this
Order.
Payment shall be by certified check or money order
payable to:
State of Illinois
Environmental Protection Agency
Fiscal Services Division
22)0 Churchill Road
Sprii.gfield, Illinois
62706
6.
Respondent, Southern Illinois Black Truckers,
Inc.,
shall pay a penalty of $500.00 within 35 days of this Order.
Payment shall be by certified check or money order payable
to:
State of Illinois
Environmental
Protection
Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
7.
Respondents, William Millas, City of Centreville,
and Southern Illinois Black Truckers,
Inc.
,
shall cease and
—9—
desist from violations of the Act and Board regulations as
found herein from the date of this Order.
IT
IS
SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinion and Order were
adopted on the
~
day of
______________,
1979,
by a
vote of
4-o
Illinois Pollution
Board
