ILLINOIS POLLUTION CONTROL BOARD

April 22, 1976

ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—483

)

MRS. HILLARD WHITE,

Respondent.

Mr. John Van Vranken, Assistant Attorney General, appeared

on behalf of the complainant.

Mr. Randall S. Quindry appeared on behalf of the respondent.

OPINION 1~NDORDER OF THE BOARD (by Dr. Satchell):

This matter comes before the Board upon a complaint

filed on December 19, 1975 by the Environmental Protection

Agency (Agency). The complaint alleges that Mrs. White

owns and operates a solid waste management site in the

North East Quarter of Section 11, Township 2 South, Range 7

East of the Third Principal Meridian in Wayne County,

Illinois, in violation of Rule 202(b) (1) of the Board’s

Solid Waste Regulations and in violation of 21(e) of

the Act.

The Board notes that Mrs. White was found in violation

of Sections 21(a) and 21(b) of the Act in PCB 71—257,

3 PCB 235 (1971)

A hearing was held February 5, 1976 at Fairfield,

Illinois. A Stipulation and Proposed Settlement was

presented at that time. Mrs. White gave testimony con-

cerning her inability to pay a large penalty. No one

else testified.

The Stipulated Facts and Proposal for Settlement is

as follows. The Agency in its complaint alleged that

Respondent owned and operated a solid waste management

site without an operating permit on and at all times after

July 27, 1974 up to and including the day of filing the

complaint, December 19, 1975. In a Request for Admission

of Facts, Complainant requested the following admissions:

(a) at no time did Respondent have the required

operating permit;

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249

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(b) that Respondent did operate or cause to be operated

the subject site on February 7, 1975, March 12,

1975, July 7, 1975 and August 6, 1975; and

(c) that Respondent has operated or caused to be

operated the subject site with operating hours

on more than one day each week between the dates

of July 27, 1974 and December 19, 1975.

Mrs. White did not respond to the request within twenty (20)

days and under Procedural Rule 314(c) the above listed facts

are admitted. This leaves no other facts at issue.

Respondent, Mrs. White, admits violations of Rule

202(b) (1) and Section 21(e) of the Act and agrees to pay

a penalty of $250 within 90 days of an Order by the Board.

Mrs. White further agrees to properly close the site in

the event a permit is not applied for within thirty (30)

days of this Order and received within 120 days of this Order.

The Agency is aware of Mrs. White’s very limited

financial situation (Stip. at 3). Mrs. White testified

at the hearing concerning her income. Mrs. White, who is

divorced, rents five small cottages, being approximately

twelve by fourteen feet. They were built in 1937. She

receives between $280 and $300 a month from the cottages

(R.7). She pays utilities which ran $260 in January (R.7)

and never less than $100 per month (R.8). Respondent sells

junk from the site. Payments for hauling the waste amounted

to about $200 after expenses (R.8). Mrs. White testified

she could pay the penalty within a ninety-day period. The

site in question is a mile and two-tenths from the City of

Fairfield (R.5).

The Board finds the Stipulation and Proposed Settlement

to be acceptable under Procedural Rule 333.

The Board also finds Mrs. White in violation of Rule

202(b) (1) of the Solid Waste Regulations and Section 21(e)

of the Act. Although Respondent’s financial condition

mitigates against a heavy penalty, however, Respondent has

run the site in question for twelve years (R.5). A penalty

of $250 is assessed and will be paid within ninety (90) days

of this Order.

This constitutes the Board’s findings of fact and

conclusions of law.

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250

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—3—

ORDER

1. Mrs. Hillard White is found to have violated

Rule 202(b) (1) of the Solid Waste Regulations and

Section 21(e) of the Act.

2. Mrs. White will discontinue all refuse disposal

activities at the subject site and will properly close

said site unless an appropriate operating permit has been

applied for within thirty (30) days and obtained within

one hundred twenty (120) days of this Order.

3. Mrs. White will pay a penalty of $250 for the

violations. Payment shall be by certified check or

money order made out to the State of Illinois and sent to:

State of Illinois

Fiscal Services Division

Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

Payment will be made within ninety (90) days of the date

of this Order.

IT IS SO ORDERED.

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

Control Board, hereb~certify the above Opinion and Order were

adopted on the

‘~

day of

______________,

1976 by a vote

of

~O

C~~nL~~fe&7r

Illinois Pollution Co ol Board