ILLINOIS POLLthhUN CONTROL BOARD

June

8,

1978

ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

PCB

T7~-294

MERLE

BUERKETT

and

HAROLD

CLINE,

Respondents,

ORDER OF THE

BOARD

(by

Mr.

Dumelie):

On May 25,

1978 the

Agency

moved

the

Board to

clarify

its Order dated

April

27, 1978

jii

this

case.

Since both

Respondents

are liable

for

the

violati~~n of

Public Health

Rule

5~07(b)

,

the obligation

to

apply

sina

cover

and post

bond of

$7,500

applies

to

both

ot

them.

Since

neither

of

these

Respondents

held

a

Public Health

permit,

the

proper

date for

expiration of the effectiveness ef Public Health

Rule 5~07(b) should be

July 27,

1973.

On

June

5,

1978,

Respondmnt.

Cl

inc

filed

a

motion

for

rehearing

in

this

case,

and

Respendent

Buerle~

filed

a

motion

to

vacate

or

modify

the

Bcard~s prio.

star,

or

alternatively,

for

a

reheariug~

Both.

of

these

~stions

are

hereby

denied

in all respects.

Since

there

has

been

some

confu

si~

~

:.~

Board

s

prior

Order,

the

120

day

pe.~±os.

~efc~cnccu

~n

taragraph

3

shall

run

from

today~s datc.~

The

Board

s

Ordu~.

in

Ii

~5s

us

Led A~s~

.1

7’!

,

1978

is

hereby

corrected

to

read

as

Ic

tcm~

1)

Respondents

Me

I

~

~

~

~

.~.

and

p~

re

53

P1

~

are

found

~

hs~

.~.

uH~.c.~

L.ated

Rule

5

0 7 (b)

of

the

Department

Of

.PII5

~.

‘f..

.:~ .

~

I

It:.

Rule ~

stations

for

Re tuse

P

.~..

ate

—

53

Fac

i

~

aes

tor

failure

to

c~5

i~aJ

surer

to

a

solid

waste

management. s~

a~

tine

ama

~pctatei

ri~

Buerkett

S

~

1:he

O~

~

~~j~fl~5fl

S

.5 ~

ating

Ope5~.L

Ions

en

~..as

27

,

1~7

7

---

2)

Respondents shall

pa~

.

$250.00 each,

payment.

.~a

made within

45

days of the date of

1d53

Order, by certified

check or money

ordei

53.

State of

liJan.:

Fiscal

Serv:ac.s fsvision

Environmenta1 Pro-~-ectionAgency

2200 Churchill

I’cad

Springfield2

Illinois

62706

3)

Respondents shall

apu1~

I

al cover pursuant to

Public Health Rule

5537:L

~iithin 120 days of the

date of this Order

and s~i~11

post a performance

bond of $7,500 to

assu~t

~orrection

of the viola-

tion within the time

prescribed.

IT IS SO ORDERED.

I, Christan

L.

Moffett,

C1e~1~

st

the Illinois Pollution

Control Board, hereby certify

tbe

53o\Te

Order was adopted

on the

~‘~‘

day of

1978 by a vote of

~

(~LL~

If),’

~

(‘hristan

L. Moff~, Clerk