October

9,

1975

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 75—239

ROLAND W.

FRIEDER,

an individual,

and H.~H.DAVIS CO.,

an Illinois

Corporation,

both d/b/a a

Partnership known as

)

“JOLIET INDUSTRIAL DISTRICT”,

)

Respondent.

INTERIM OPINION AND ORDER

OF THE

BOARD

(by Mr.

Goodman):

This matter

comes before the

Pollution

Control Board

(Board)

upon

the

June

12,

1975,

complaint

of

the State of

Illinois against Roland W.

Frieder

(Frieder), and

H,H. Davis

Co.

(Davis),

an Illinois

corporation.

Frieder and

Davis

did

business as

a partnership

known as Joliet Industrial Dis-

trict

(Industrial).

Industrial is

charged with

violating Rule

201

of the

Solid Waste Regulations

in that

it

operated a

solid waste

management site without a Development Permit since

July 27,

1973,

thereby violating Sections 21(b)

and 21(e) of

the

Environmental Protection

Act

(Act).

Respondents are also

charged

with violating

Rule

502 of the Air Regulations

and

Sections 21(b)

and

9(c) of

the Act by causing or

allowing

open burning of

refuse,

On September 12,

1975,

the parties filed a

“Stipulation

and

Proposal for Settlement” with the Board.

However,

the

stipulation

is

insufficient.

Respondents are charged

with

developing a solid waste management site without a

permit in

violation of

Sections

21(b)

and 21(e)

of the

Act.

This

is

inconsistent in that

if

the Respondents are

charged with

developing a sanitary waste disposal site

without a permit,

it does not automatically follow that they

are causing or

allowing open dumping.

The stipulation

does not support

a

finding of violation

of

Solid Waste Rule

202 or Section

21(e)

of the Act as the parties

do not agree that Respondent

was operating a solid waste management

site nor do the

stipulated facts

make

this

an inescapably implied conclusion.

19— 38

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—2—

The stipulation does support

finding that the Re-

spondents cause open dumping.

However the complaint only

alleges this violation in connection with Respondent’s

failure to have a permit or causing open burning in viola-

tion of Air Rule 508.

Open burning, while violating Section

9(c)

of the Act, does not constitute a violation of Section

21(b)

of the Act.

The Board holds that the stipulation and agreement

filed

in this matter is insufficient and therefore must

remand this cause to the Hearing Officer for appropriate

action,

either by way of amendment of the complaint and

stipulation or for hearing.

It is the Order of the Board that this matter be

with this Opinion.

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

Control Board, hereby certify the above Opinjo

and Order

were adopted on the

_____________

day of

_____________

1975 by a vote of

3..~

Illinois Pollution

19—