ILLINOIS POLLUTION CONTROL BOARD

July

8, 1976

ENVIRONMENTAL PROTECTION AGENCY

OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 76—40

ALEX CHESNEY,

Respondent.

Messrs. Russell

R. Eggert and John Van Vranken, Assistant

Attorneys General, appeared for Complainant

Mr.

Alex Chesney, appeared Pro Se

OPINION AND ORDER OF THE BOARD

(by Mr.

Young):

This matter comes before the Board on the Complaint filed

by the Environmental Protection Agency on February 10,

1976,

charging that the Respondent has failed to place final cover on

a former solid waste management site in violation of Rule 305(c)

of

the. Board’s Solid Waste Regulations and Section 21(b)

of the

Environmental Protection Act.

Hearing was held in this matter

on March 26,

1976,

in Litchfield.

The solid waste management site which is the subject of this

Complaint is an 8.2 acre site located in Montgomery County, near

Litchfield.

Mr. Chesney purchased this site in 1969 and has never

allowed this site to be used as a solid waste management site since

the date of purchase.

Prior to the date that

~4r.

Chesney purchased

the property, the City of Litchfield was the owner of the property

and operated

a dump thereon.

The City of Litchfield abandoned the

site without applying final cover.

Although Mr. Chesney has been

applying such cover to the site over the last several years, about

one quarter of the site still remains to be covered.

Rule 305(c) of the Board’s Solid Waste Regulations provides

that a compacted layer of not less than two feet of suitable

material shall be placed over the entire surface of a final lift

not later than 60 days following the placement of refuse in the

final

lift.

This Rule must be read in conjunction with Rule 301

which provides that no person shall cause or allow the operation

of a sanitary landfill unless each requirement of this Part

(i.e.

Rule

305)

is performed.

In order for the final cover requirements

of Solid Waste Rules and Regulations to apply to a given disposal

site,

it must be shown that the site was in operation after the

effective date of these regulations.

(EPA v.

Palmer, PCB 76-81).

23

—31

---

—2—

From the record in this matter,

it appears that the subject site

ceased operation in

1969, approximately four years before the

adoption of these regulations.

In consideration of the foregoing,

the Board

finds that the

subject site is not governed by the Solid Waste Rules and Regu-

lations and therefore the Complaint must be dismissed.

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 the

Complaint in this matter against Alex Chesney be, and is hereby,

dismissed.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, her~b~

certify the. ab ye Opinion and Order were

adopted op the

________

day of

__________________,

1976 by a

vote of

5-t~

QLanL~4of&fl~~

Illinois Pollution C

ol Board

23