ILLINOIS POLLUTION CONTROL BOARD
    June
    28, 1977
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 77—8
    )
    AVENUE
    BANK
    AND
    TRUST
    COMPANY
    OF
    )
    OAK
    PARX,
    as
    Trustee
    under
    Trust
    )
    No.
    1327,
    and
    HAROLD
    N.
    SIMPSON,
    )
    )
    Respondents.
    Ms. Helga E. H~~ber,Assistant Attorney General, appeared on
    behalf of the Complainant.
    Mr. James
    I.
    Rubin appeared on behalf of Respondents.
    OPINION
    AND ORDER
    OF
    THE
    BOARD
    (by Dr. Satchell):
    On January 7,
    1977 the Environmental Protection Agency
    (Agency)
    filed a complaint before the Board alleging Avenue Bank
    and
    Trust Company of Oak Park (Avenue Bank),
    as trustee of liii-
    nois Land Trust No.
    1327, owns a parcel of land, including two
    peat bogs, located at or near President Street and Gunderson
    ~oad,
    DuPage
    County,
    Illinois.
    It
    is
    further
    alleged
    that
    ~spondent,
    Harold
    N.
    Simpson,
    as
    beneficiary
    of
    the
    trust
    owns
    the parcel of land in question; and that on several dates Respon—
    dents caused or allowed the combustion of peat in violation of
    RuiE~
    502 of the Chapter
    2: Air Pollution
    Regulations
    (Regula—
    ticr~s) and Section ~(a) of the Environmental Protection Act (Act).
    A
    hearing
    was
    held
    on
    April
    27, 1977.
    At this time a
    Stipulation
    and
    Proposal
    for
    Settlement
    was
    presented
    for
    the
    Board’s approval.
    No testimony was given.
    The stipulation presents a precise legal description of
    tne land
    (Stip.
    #1).
    It
    is
    stipulated that Avenue Bank holds
    the legal title to the property but that
    Mr.
    Simpson has full
    and sole possession and control of the property.
    The stipulation provides that the property consists
    of
    70
    acres of vacant prairie land on which a slough is located.
    Approximately
    25
    years
    ago, Respondent Simpson caused the
    slough to be dredged upon the request of the Village of Carol
    Stream for water control purposes.
    Peat material from the
    26
    —
    57
    —2—
    dredging was deposited at locations designated for the pur-
    poses of the stipulation as “Bog No.
    1” consisting of 1/2
    acre and “Bog No.
    2”
    consisting of 1/10 acre.
    The land area
    directly north of the slough is residential, consisting of
    apartment buildings.
    To the west of the slough the area is
    commercial.
    The land to the east and south is undeveloped.
    Beginning approximately in
    May
    1974, the Carol Stream
    Fire Department received complaints from residents living
    north of the property reporting fires on Bog #1
    (Stip.
    #6).
    It is stipulated that if given, testimony would show that
    an employee of the Carol Stream Fire Department extinguished
    a fire on Bog #1 on December 13, 1974
    (Stip.
    #6).
    The fires
    at Bog
    #1 resulted from the slow spontaneous combustion of
    the peat material
    (Stip.
    *7)
    *
    The attempts by the Fire De-
    partment to extinguish the fires by application of water to
    the peat were only temporarily successful; when the water
    drenched peat was turned over, hot and smoldering areas were
    visible, indicative of continuous combustion of peat on and
    beneath the surface of Bog *1
    (Stip.
    #7).
    Bog #1 did not
    resume activity during 1976 or to the date of signing this
    stipulation
    (Stip.
    #8).
    In approximately April 1976, peat located at Bog #2
    began to burn.
    Personnel from the Carol Stream Fire De-
    partment were called to Bog #2 and attempted to extinguish
    flames
    there on April
    19, 1976, April 22,
    1976, April 23,
    1976, April 28, 1976, Nay 2, 1976, and July 11,
    1976
    (Stip.
    *8).
    As with Bog *1 application of water to Bog #2 did not
    permanently extinguish the burning.
    On each of the afore—
    mentioned dates the Fire Department responded to the complaints
    of residents of the Chateau
    Village
    Apartments
    located
    directly
    north of Respondents’
    property
    (Stip.
    #9).
    )~fterthe filing
    of the complaint in this matter, Respondent Simpson immediately
    entered into settlement discussions with complainant
    (Stip.
    #11).
    Pursuant to these discussions, Respondent Simpson engaged a
    contractor
    to dig up and spread the peat in Bog
    #2.
    This work
    was performed and completed on March
    3 and 4,
    1977.
    The parties
    believe this work may permanently abate the combustion at Bog
    *2.
    No work was done at Bog #1 because this area was quiescent
    throughout
    1976
    (Stip.
    #11).
    As
    a
    result
    of
    negotiations
    and
    the
    actions
    taken
    by
    Respon-
    dent the parties agreed that it would be in the best interest of
    the public and the parties to settle this matter under the Board’s
    Procedural Rule
    331.
    The agreement between the parties
    is that
    26-58
    —3—
    Respondent Simpson has taken the steps necessary to per-
    manently abate the combustion of peat material on the
    property described above and should any area of the prop-
    erty again become active he will take the necessary addi-
    tional steps to abate combustion.
    The Avenue Bank and
    Trust Company of Oak Park is to be dismissed from the pro-
    ceeding.
    Respondent Simpson agrees to pay a penalty of
    $300 as the full and only penalty for the violations
    described.
    The Board does find this agreement adequate under Pro-
    cedural Rule 331.
    The Board finds the Respondent was in
    violation of Rule 502 of the Regulations and Section
    9(a)
    of the Act.
    In considering Section 33(c)
    of the Act the
    Board finds that clearly there was public injury manifested
    in the complaints
    to the fire department; the degree of this
    injury or threat of injury is not clear from the facts stipu-
    lated.
    There
    is no social or economic value in the burning
    of peat in a slough.
    The location of commercial and residen-
    tial districts on two sides of the slough makes the injury
    worse.
    The fact that the burning has been abated shows
    technological and economical reasonableness.
    Under these
    circumstances the Board finds the $300 penalty sufficient to
    aid in the enforcement of the Act.
    Avenue Bank and Trust
    shall be dismissed as
    a Respondent.
    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 Harold N.
    Simpson has been in violation
    of Rule 502 of the Chapter
    2: Air Pollution Regula-
    tions and Section 9(a)
    of the Environmental Protec-
    tion Act.
    2.
    Respondent Avenue Bank and Trust Company of Oak
    Park
    is dismissed.
    3.
    Respondent Simpson shall cease and desist all
    future violations.
    4.
    Respondent Simpson shall pay a penalty of $300
    within
    35 days of this order.
    Payment shall be
    by certified check or money order payable to:
    26
    —
    59
    —4—
    State of Illinois
    Fiscal Services Division
    Environmental
    Protection
    Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    I, Christan L. Moffett, Clerk
    of the filinois Pollution
    Control BoaIkI, hereby certify the above Opinion and Order were
    adopted on the
    ________
    day of
    _________,
    1977 by a vote of
    c~,&Lc&~zDm
    ~4)i~
    Christan
    L.
    Moff4tXj, Clerk
    Illinois Po1lutidi~Contro1Board
    26-60

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