ILLINOIS POLLUTION CONTROL BOARD
    June
    18,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 76-81
    ERNEST PALMER,
    Respondent.
    Mr.
    George W. Tinkham, Assistant Attorney General, appeared on
    behalf of Complainant.
    Mr.
    Craig Miliman, Land of Lincoln Legal Assistance
    Foundation,
    appeared on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before
    the Pollution Control Board
    (Board)
    upon the March
    24,
    1976 Complaint of the Environmental Protection
    Agency
    (Agency)
    charging Ernest Palmer with failure to apply final
    cover
    to and file a plat of his Pulaski County landfill.
    The three
    count Complaint alleges that Respondent owned and operated a 250
    square yard solid waste disposal site until January
    10,
    1973, at
    which time he ceased depositing refuse.
    Complainant alleges and
    Respondent admits that Palmer has not applied final cover as re--
    quired by Rule 5.07(b)
    of the Public Health Regulations and
    Section
    21(b)
    of the Act.
    Complainant also alleges violation of Rule
    305(c)
    and
    318(c)
    of the Board’s Solid Waste Regulations
    in Counts
    II
    and
    III
    respectively.
    Rule
    102
    of the Board’s Solid Waste Regulations provides:
    Rule
    102:
    Repeals.
    These rules and regulations replace and supersede Rules
    22—165
    —2—
    and Regulations for Refuse Disposal Sites and Facilities,
    adopted by the Illinois Department of Public Health on
    March 22,
    1966 and continuing in
    effect pursuant to
    Section 49(c)
    of the Environmental Protection Act “until
    repealed, amended or superseded by regulations under this
    Act,” except that any proceeding arising from any occur-
    rence happening prior to the applicable provision of
    these rules and regulations
    shall be governed by the
    above described Rules.
    It is apparent that the Acts complained of,
    herein, occurred
    prior
    to the applicable provision of these rules and are therefore
    governed by the Rules and Regulations of the Illinois Department of
    Public Health.
    Therefore Counts
    II and III alleging violation of
    the Board’s Regulations must be dismissed.
    At the May 14,
    1976 hearing it was ascertained that
    Mr.
    Palmer
    purchased the property for $120.00 in back taxes
    in February,
    1972
    (R.29).
    The purchase was motivated by Mr. Palmer’s desire to pro-
    vide his Sons with sufficient funds
    to provide for his burial
    (R.30).
    As soon as
    Mr. Palmer learned that his dump violated the Act and
    our Regulations,
    he ceased depositing refuse there
    (R.30).
    In the
    summer of 1973 Mr. Palmer erected a fence to stop unauthorized dump-
    ing at the site
    (R.32).
    The site
    is located approximately one mile outside of Pulaski,
    Illinois
    (R.42).
    It contains various kinds of refuse as well as
    several cars,
    an old truck bed, and
    2 ice boxes,
    It is ten feet
    deep at the point of greatest depth
    (R.36,
    Resp.
    Ex.
    3).
    Mr. Palmer is
    64 years of age and in poor health.
    Three years
    ago he was hospitalized for cancer.
    In addition he has a heart condi-
    tion and arthritis.
    His hospitalization resulted in
    a $3537.92 lien
    against the property owned by Mr. Palmer
    (R.22,
    47).
    Respondent’s
    income
    is approximately $177.00 per month
    (R.24).
    He owns
    a pickup
    truck and several goats,
    chickens, ponies and one cow (R.24—25)
    .
    He
    would have covered the site as
    fill
    is present at the site, however
    he cannot afford the $200.00 it would cost to do so
    (R.16,
    17,
    27).
    In
    fact,
    Mr.
    Palmer did apply some cover material in 1973
    (R.37-~)
    Mr. Palmer has stipulated
    that the maximum money he could put
    a~ic~e
    to pay for the covering of the site would be $10.00 per
    month
    (R.4~).
    The Board
    finds that Mr.
    Palmer has failed to apply final cover
    as required by the Illinois Department of Public Health’s
    Rules an~
    i~egulationsfor Refuse Disposal Sites and Facilities and Section
    21(b)
    of the Environmental Protection Act.
    22—
    166
    —3—
    Mr. Palmer and the Complainant have sought assistance from
    various agencies to obtain either funds or persons
    to apply final
    cover
    (R.50-54).
    Mr. Palmer stipulates that he will continue
    to
    do so
    (R.54).
    In view of Mr. Palmer’s financial position and good
    faith efforts to provide cover the Board
    finds that no penalty is
    appropriate.
    The Board notes that the cost of this proceeding grossly
    exceeded the apparent cost of compliance.
    This Opinion constitutes the Board’s findings of fact and conclu-
    sions of law in the matter.
    ORDER
    It is the Order of the Board that:
    1)
    Counts II and III of the Complaint herein be and are,
    hereby, dismissed.
    2)
    Mr. Ernest Palmer is found to have violated Rule 5.07(b)
    of the Public Health Regulations and Section 21(b)
    of the Act.
    3)
    Respondent shall continue to seek aid from the Agencies
    described in the record in order to provide final cover for the site.
    I,
    Christan
    L. Moffett, Clerk of the Pollution Control Board
    hereby, ~ertify
    the above Opinion and Order were adopted on the
    _____________day of
    ~
    ,
    1976 by a vote of
    ~
    Illinois Pollution Con~
    Board
    22—167

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