ILLINOIS POLLUTION CONTROL BOARD
    April 12, 1979
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    PCB 78—30
    ARTHUR LIGHT,
    Respondent.
    MR. REED W. NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT.
    MR.
    ARTHUR LIGHT APPEARED PRO SE.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the February
    6,
    1978
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    On March 13,
    1978, the
    Agency
    filed
    a
    Request
    for
    Admission of Facts and Genuineness of Documents.
    On April
    10,
    1978,
    the Complainant filed an Amendment to its Request for
    Admission of Facts and Genuineness of Documents.*
    On April 18,
    1978,
    the Agency requested leave to file an Amended Complaint in
    this case, and the Board granted the Complainant’s motion on
    April
    27, 1978.
    Count
    I of the Amended Complaint alleged that,
    from June
    25, 1975 until the date of filing of the Amended Complaint,
    the Respondent operated a solid waste management site
    (“site”)
    without an appropriate Operating Permit,
    in violation of Rule 202
    (b) (1)
    of Chapter
    7:
    Solid Waste Regulations
    (“Chapter 7”) and
    Section 21(e)
    of the Illinois Environmental Protection Act
    (“Act”).
    Count II of the Amended Complaint alleged that,
    from May 1,
    1974
    until the date of filing of the Amended Complaint
    (including, but
    *The Respondent did not respond to this request for admissions,
    and thus each of the matters of fact and the genuineness of each
    document therein
    is hereby deemed to be admitted under Rule 314(c)
    of the Board’s Procedural Rules.
    33—341

    —2—
    not limited to, the specific dates of June 25,
    1975; September
    25,
    1975; February
    4,
    1976 and August 12,
    1977), the Respondent failed
    to place suitable final cover over portions of the site,
    in
    violation of Rule 301 and Rule 305(c) of Chapter
    7 and Section 21(a)
    and Section 21(b)
    of the Act,
    Count III of the Amended Complaint
    alleged that from July
    20, 1976 until the filing of the Amended
    Complaint
    (including, but not limited to, the specific dates of
    July 20, 1976; July 30,
    1976; September
    2,
    1976 and September 20,
    1976),
    the Respondent failed to place adequate daily cover on
    exposed refuse,
    in violation of Rule 301 and Rule
    305(a)
    of
    Chapter
    7 and Section 21(a)
    and Section 21(b)
    of the Act.
    A hearing
    was held on May 26,
    1978.
    The Respondent, Mr. Arthur Light, owns and operates a solid
    waste management
    site in Peoria County, near Pottstown,
    Illinois.
    Although the property consists of
    a total of 48.4 acres,
    Mr. Light
    has been conducting his part-time landfill operations on a small
    proportion of the ground
    (i.e.,
    about a half acre).
    (R,58;R.87;R.89).
    Yard and tree trimmings, old bicycles, and demolition wastes such as
    wood, brick,
    and concrete have been deposited on the site.
    (R.
    17;
    R.
    102).
    At least three other solid waste management sites
    are located within a ten-mile radius of the Respondent’s property.
    On May
    19,
    1975, the Agency granted the Respondent a
    Developmental Permit No. l975-34-DE to handle heterogeneous
    construction and demolition materials in accordance with the
    application and plans prepared by Dean Correll,
    a registered
    professional engineer.
    (Resp. Group Exh. 1).
    At the hearing,
    Mr. John Taylor, an Agency employee, testified that his inspections
    of the Respondent’s property revealed that the site had not been
    developed in full accordance with the Developmental Permit.
    (R.
    39-40; Comp. Exh.
    7-10).
    Moreover,
    a pre-operational inspection
    of the landfill by Agency personnel indicated several deficiencies
    in compliance with the terms and conditions of the Developmental
    Permit.
    (Resp.
    Group Exh.
    2).
    The pre-operational inspection
    noted that:
    (1)
    construction of a levee to exclude flood waters
    from the site had not taken place;
    (2) wastes were observed to
    have been dumped into standing water in the old creek bed; and
    (3)
    the trenching method mentioned in the Developmental Permit
    application had not taken place
    Based on the above conditions,
    the Agency denied the Respondent’s application for an Operating
    Permit.
    CR. 39—40;
    IL 66—67).
    At the hearing, Mr.
    Light testified that no wastes were
    dumped into standing water in the old creek bed and that “the
    creek bed was dry
    ...
    this water accumulated after
    ...
    the rains
    and after the ice” melted down.
    (R.
    64-65).
    Mr. Light also
    testified that he had exercised good faith in trying to comply
    33—342

    —3—
    with the Board’s Solid Waste Regulations and the Act
    (R.
    85), by
    drilling monitoring wells and making soil tests which
    “took a lot
    of time and expense”
    (R.
    99); by promptly covering all but a small
    section of his landfill during poor weather conditions
    (R.
    87-90);
    by accepting only demolition wastes which have limited environmental
    impact
    (R.
    75;
    R.
    102); by obtaining a Developmental Permit
    (R.
    93);
    by having a good driveway which provides adequate access to the site
    (R.
    92); and by conducting his covering operations
    “better” than
    the nearby Peoria County landfill
    (R.
    90).
    Mr. Light also pointed
    out that he felt that he had “done nothing wrong” and that the
    enforcement action had the effect of attempting to deprive him of
    a living on his own property.
    (R.
    4;
    R.
    90-91;
    R.
    94).
    Moreover,
    Mr. Light’s testimony at the hearing indicated that he did not seem
    to realize the basic distinction between a Developmental Permit and
    an Operating Permit, and that he felt the Developmental Permit
    fully authorized him to operate the landfill.
    On the other hand,
    the Complainant’s evidence indicated that the Agency had engaged in
    extensive correspondence with the Respondent
    (see: Complainant’s
    Exhibits 1—18)
    and numerous inspections of the site
    in an attempt
    to see that full compliance was achieved.
    In evaluating this enforcement action, the Board has taken
    into consideration all the facts and circumstances in light of the
    specific criteria delineated
    in Section 33(c)
    of the Act.
    Perhaps
    it will be possible for the Respondent, after further consultation
    with, and advice from, the appropriate Agency personnel,
    to come
    into full compliance.
    Accordingly,
    the Board will require that the
    Respondent properly cover the filled portions of the site and apply
    for and obtain an Operating Permit from the Agency within 120 days
    of the date of this Order or cease operations.
    The Board finds
    that the Respondent has violated Rules
    202(b) (1),
    301,
    305(a) and
    305(c) of Chapter
    7:
    Solid Waste Regulations and Sections 21(a),
    21(b)
    and 21(e)
    of the Act.
    The Board hereby imposes a penalty of
    $200.00 against the Respondent.
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Respondent has violated Rules 202(b) (1),
    301,
    305(a)
    and 305(c) of Chapter
    7:
    Solid Waste Regulations and Section 21(a),
    21(b)
    and 21(e)
    of the Act.
    33—343

    —4—
    2.
    The Respondent shall properly cover the filled portions
    of the site and apply for and obtain an Operating Permit from the
    Agency within 120 days of the date of this Order or cease operations.
    3.
    Within 45 days of the date of this Order, the Respondent
    shall pay a penalty of $200.00
    ,
    payment to be made by certified
    check or money order to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted op the
    /~1*
    day of
    _______________,
    1979 by a
    vote of ~p
    .
    31v~~/Y)
    ~4It&&
    Christan L. Moffe
    lerk
    Illinois Pollutio
    ntrol Board
    33—344

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