ILLINOIS POLLUTION CONTROL BOARD

December

2

,

1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

V.

)

PCB 75—485

CITY OF CAIRO,

Respondent.

Mr. John Van Vranken, Assistant Attorney General, Attorney

for Complainant

Mr. George

J.

Kiriakos, Attorney for Respondent

OPINION AND ORDER OF THE BOARD

(by Mr. Young):

This matter comes before the Board on the Complaint

filed on December

19,

1975,

by the Environmental Protection

Agency charging that the City of Cairo has operated

a solid

waste management site without the requisite permits

in vio-

lation of Rule 202 (h) (1)

of the Solid Waste

Rules and in

further violation of Sections 21(b)

and 21(e)

of the Environ-

mental Protection Act.

An Amended Complaint was subsequently

filed on January

5,

1976.

A hearing was held

in this matter

on October 14,

1976,

at which time a Stipulation of Parties

and Proposed Settlement was entered into the record.

The City of Cairo has a nopulation of approximately

6,700 persons and is located

at the confluence of the

Mississippi and Ohio Rivers.

The solid waste management site

which

is the subject of the Complaint is

located on levee

land

in

Enotion

2~

rI~owfl~ii

in

17 ~~th

,

i~~-1~

W~t~

,

ii

i~I~o:,piid4i

(~wnfy.

AniruJ

I

ni

(Ifl’

‘oiit

iwliiiq

itiv~’:;t

Nit

hill

~ire

I

;o

t

&‘inn

1

ci

t

ii

i.,;

ma

I

ci

,

I

in

Ci

I

y

oi;;

ci

)iill)

I

I y

c

I

(~dn

‘(1

and

cieaicd

up

the

site

(Stip.

3)

.

The

City

also

agrees

to

discontinue

further

operation of the site unless

an operating

permit

is received and further agrees

to pay

a nenalty

of

$400.00

for its admitted violations of Rule 202(b) (1)

and

Section

21(e)

of the Act

(Stip.

2).

On the basis of the above facts and the Stipulation, which

constitutes

the entire record in this case,

we find that the

City did violate Rule 202(b) (1)

and Section 21(e)

of the Act

24

—

323

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—2—

in the operation of the subject solid waste management

site.

The Stipulation of Parties and Proposed Settlement submitted

by the parties

is found adequate under Rule 333 of our Pro-

cedural Rules.

That portion of the Complaint alleging violation of

Section 21(b) must be dismissed however.

As was held in

E

&

E Hauling,

16 PCB 215

(1975),

a Section 21(b)

open dumping

charge is not properly based on a permit violation.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

1,

Respondent,

City of Cairo,

is found to have operated

a refuse disposal site without an operating permit in violation

of Rule 202(b) (1)

of the Board’s Solid Waste Rules and in

further violation of Section

21(e)

of the Act and shall pay

a penalty of $400.00 for these violations.

Penalty payment

by certified check or money order payable

to the State of

Illinois shall be made within .60 days of the date of this

Order

to:

Fiscal Services Division, Illinois Environmental

ProtectionAgency,

2200 Churchill Road, Springfield, Illinois,

62706.

2.

Respondent, City of Cairo, shall discontinue all

refuse disposal activities

at the subject site and properly

close the site unless an operating permit has been applied

for within

30 days of the date of this Order and obtained

within 120 days of the date of this Order.

3,

That portion of the Complaint alleging violation of

Section 21(b)

of the Act is hereby dismissed.

IT IS SO ORDERED.

Mr. Jacob D.

Durnelle concurred.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, here1~certify the

bove 0 inion and Order were

adopted on the ~/‘~

day of ______________________, 1976 by

a vote of q”.~

Illinois Pollutio

ontrol Board

24

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324