ILLINOIS POLLUTION CONTROL BOARD
    May 6 1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 75—453
    JOHN
    MURRAY, JAMES
    MURRAY AND
    )
    BETTY MURRAY,
    )
    )
    Respondents.
    Mr. Steven Watts, Assistant Attorney General, appeared
    for Complainant.
    Mr. Harold E. McCabe appeared for Respondent.
    OPINION AND ORDER OF THE BOARD (by Dr. Satchell):
    This case comes before the Board upon a complaint filed
    December 1, 1975 by the Environmental Protection Agency
    (Agency) alleging that John Murray, James Murray and Betty
    Murray operated or caused to be operated a solid waste manage-
    ment site of approximately 40 acres located in the west one-
    half of the Southeast quarter of Section 16, Township 16 North,
    Range 5 West, in Sangarnon County, Illinois. It is also alleged
    that Respondents have since June 8, 1973 to the date of filing
    the complaint, failed to place a final cover on the solid
    waste management site in violation of Rule 305(c) of the
    Solid Waste Regulation.
    A hearing was held January 30, 1976 at Springfield,
    Illinois. A Request for Admissions had been filed on
    January 6, 1976 by the Agency. There
    was
    no response to
    the Request prior to the hearing. At the hearing the Hearing
    Officer allowed the Respondents to answer. James Murray and
    John Murray admitted operating a landfill and denied failing
    to put final cover over the final lifts of the solid
    waste
    management site (R..2l,26). The third Respondent, Betty
    Murray, did not appear and counsel for the Agency made a
    motion that Betty Murray be found in default. The record
    shows no proof of service as required by Procedural Rule
    305,
    i.e. properly executed receipt of registered or certified
    mail or affidavit of person making personal service. Without
    proof of service the Board cannot find Betty Murray in default
    under Procedural Rule 320.
    21 —337
    —2—
    The facts at the hearing developed to show that the
    land in question is owned by James P. Murray (R.93) and
    Betty Murray (R.lll). James Murray and his brother John R.
    Murray have a verbal agreement that John was to fill in the
    land with “rock and stuff” (R.96,109). John Murray estimated
    the operation “on that corner” had gone on for 22 years or
    more and on James Murray’s land for eight, ten or twelve
    years (R..llO). This operation also included Betty Murray’s
    land (R.l12). On Betty Murray’s land, John Murray stores
    concrete that he sells for road use and to the park (R.l21,
    122). On James Murray’s land some of the areas are completed
    which includes cover (R.l23,124). There are about three or
    four more acres James wants filled in and John continues to
    work on the area(R.124).
    Gilbert E. Stauffer is an Agency inspector and visited
    the site on twelve or thirteen different occasions (R.48).
    On July 19, 1974 he visited the site (R.48) and observed
    two trucks at the site, one entering and one leaving; the
    entering truck was loaded primarily with concrete (R.49,50).
    The witness did not actually observe any dumping (R.50).
    In a November 1974 visit the site appeared closed, but three
    separate areas equalling approximately 20 acres needed
    cover (R.57,58). On September 17, 1975 the site appeared
    closed with the same three uncovered areas (R.59). On
    September 23, 1975 Stauffer observed “small random or
    promiscuous dumping” (R.60). Two days prior to the hearing,
    January 28, 1976, Mr. Stauffer observed “a considerable
    amount of earthen materials hauled into the southwest portion
    of the site” (R.61).
    John Murray testified that the material going into the
    site is demolition, bricks and rock (R.2l). The putrescible
    materials appear to be small pieces of lumber (Ex. No. 3).
    This testimony indicates that the uncovered areas of
    the landfill are still in use. The alleged violation is
    that of Rule 305(c) of the Solid Waste Regulations which
    provides for a compacted two foot layer of suitable material
    to cover the entire surface of each portion of the final
    lift not later than sixty days following placement of refuse
    in the final lift. The Agency has failed to prove that which
    if any of the uncovered portions of the site are complete and
    which would need final cover. Mr. John Murray has stated he
    is still adding to the fill and this is substantiated by
    21—338
    —3—
    Mr. Stauffer’s statements. It appears there is no daily or
    intermediate cover and that the Murrays do not have an
    operating permit from the Agency. However, these violations
    are not alleged in the complaint and not properly brought
    before the Board at this time. The Board does find that
    the pleadings do not conform to the proof presented at the
    hearing and no violation can be found concerning James Murray
    and John Murray. The Board cannot require final cover on
    that portion of the landfill that is still in active use.
    This constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    It is the order of the Pollution Control Board that:
    The alleged violations of Rule 305(c) of the Solid
    Waste Regulations by James Murray, John Murray and Betty
    Murray are dismissed.
    I,Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, here,by certify the above Opinion and Order
    were adopt d the
    ________
    day of
    _____________,
    1976 by a
    vote of
    .~
    ~stanLr~1offeIllinois
    Pollution
    ~
    C ol Board

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