ILLINOIS POLLUTION CONTROL BOARD
    February 11, 1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—357
    JOHN W. HELMS,
    )
    Respondent.
    Ms. Mary C. Schlott, Assistant Attorney General, Attorney for
    Complainant
    Mr. John W. Helms, Pro Se
    OPINION AND ORDER OF THE BOARD (by Mr. Young):
    This case arises out of a Complaint filed by the Environ-
    mental Protection Agency (Agency) on September 11, 1975, alleging
    that Respondent Helms has operated from July 27, 1974 until the
    date of the filing of the Complaint a solid waste management
    site in Lee County without an operating permit issued by the
    Agency in violation of Rule 202(b) (1) of the Board’s Solid Waste
    Regulations (Regulations) and in violation of Section 21(b) and
    Section 21(e) of the Environmental Protection Act (Act). Hearing
    was held on December 3, 1975, in Ashton, Illinois, at which time
    a Stipulation and Proposal for Settlement (Stipulation) was
    entered into by the parties.
    Respondent Helms purchased said parcel of land, a former
    quarry, with the intention of filling said quarry so that it
    could be built upon later. The requirement for an operating
    permit was noted by the Agency in a series of ten letters sent
    to Respondent beginning August 20, 1973 through February 5, 1975.
    In a letter dated April 6, 1974, Respondent stated that he was
    attempting to limit materials dumped in the quarry to demolition
    debris with low pollutant properties. By return mail, the Agency
    sent Respondent a permit application to Develop and/or Operate a
    Solid Waste Management Site for Heterogeneous Construction and
    Demolition Wastes. The application was never filed with the
    Agency.
    Respondent admits he has never applied for nor received any
    permits from the Agency for the operation of his refuse disposal
    site. Respondent further admits that the exhibits are a true and
    accurate representation of conditions at the site.
    20—43
    —2—
    The Stipulation provides that Respondent shall pay $100.00
    as a penalty for the violations found to exist by the Board.
    It also provides that Respondent shall cease and desist from
    operating a refuse disposal site unless and until he has obtained
    either the requisite permit or has been granted a variance by
    the Board.
    On the basis of the above facts and the Stipulation, which
    constitutes the entire record in this case, we find that Respondent
    Helms did violate Rule 202 (b) (1) of the Regulations and Section
    21(e) of the Act from July 27, 1974 until September 11, 1975, in
    the operation of his refuse disposal site. We further find that
    the stipulated settlement of $100.00 constitutes a reasonable
    penalty for these violations.
    That portion of the Complaint alleging violation of Section
    21(b) must be dismissed. Section 21(b) reads:
    (No person shall) Cause or allow the open
    dumping of any other refuse in violation
    of regulations adopted ~ the Board.
    Emphasis addedj
    Thus, an indispensable element of a charge alleging violation of
    Section 21(b) is the element setting forth the specific regulation
    allegedly violated. This regulation must relate to the manner or
    method in which the disposal site is operated. Since no regulatory
    violations were alleged in the charge excepting the permit violation,
    the Complaint is therefore defective as it concerns the alleged
    Section 21(b) violation. As was held in E & E Hauling, PCB 74-473,
    16 PCB 215 (1975), a Section 21(b) open dumping charge is not
    properly based on an operating permit violation.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    IT IS THE ORDER OF THE BOARD that:
    1. Respondent Helms is found to have operated his refuse
    disposal site in violation of Rule 202(b) (1) of the Board’s Solid
    Waste Regulations and Section 21(e) of the Environmental Protection
    Act and shall pay a penalty of $100.00 for such violations. Penalty
    payment by certified check or money order payable to the State of
    Illinois shall be made within 35 days of this Order to: Fiscal
    Services Division, Illinois Environmental Protection Agency, 2200
    Churchill Road, Springfield, Illinois, 62706.
    20—44
    —3—
    2. Respondent Helms shall cease and desist from operating
    the refuse disposal site unless and until he has first obtained
    the requisite permit from the Agency or has been granted a
    variance from the Board.
    3. The portion of the Complaint alleging violation of
    Section 21(b) of the Act is dismissed.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the a ove Opinion and Order were
    adopted on the
    JL~’
    day of
    ,
    1976
    by a vote of
    ~
    Christan L. Moffet Clerk
    Illinois Pollution ontrol Board
    20—45

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