ILLINOIS POLLUTION Co 1RC & RD

July 17, là’

ZN PROTE I ION AGENCY,

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—2—

As

early

as

1972, Respondent

attempted

to

engage an

engineer in

Fairfield to complete a permit

application.

That engineer,

however, was unable

to

provide the survey and

laboratory

services needed to complete

such application.

Later, in

early 1973, Respondent

attempted to obtain

assistance from

the U,S, Department

of Agriculture Soil

Conservation Service Office in Fairfield, While that office

was able to provide topographic survey maps, it was un-able

to provide the soil .borings Respoi~dent feels are necessary.

On October 29, 1974, Respondent contacted another engineering

firm, which agreed to prepare the necessary materials for a

permit application, That firm, as of the date of hearing,

had already collected the necessary data and performed some

laboratory testing.

In- reviewing the matters submitted in mitigation, the

Board notes that a lengthy period elapsed between the time

Respondent contacted the Soil Conservation Service, in early

1973, and the October 29, 1974, date on which Respondent

finally engaged an engineering consultant. Because of that

gap, and the fact that

Respondent

clearly knew that an

operating permit would be required, the Board feels that a

penalty is appropriate in this case,

Turning to consideration of the factors set out in

Secti.on 33(c) of the Act, the Board has previously noted the

value and necessity of the permit system for solid, waste

management sites, EPAv~ McKee, PCB 74-403 (April 4, 1975);

EPA v, E & E Hauling, Inc~~PCB 74—473 (March 26, 1975). We

have pointed out that the potential for injury to the environment

from unregulated .sites is enormous.

While such sites unquestionably have considerabl.e

social and economic value, that value may be considerably

decreased, or. even nullified, unless care is taken to insure

that the site chosen is appropriate for this type of uses

The Board noted, ~hen adopting the Solid Waste Regulations,

that sanitary landfills must be properly planned, ~particularly

as regard ground water and subsurface characteristics, to

prevent pollution’ofany waters of the state, IntheMatter

~

R72-5,

8 PCB 695, 697, 6.98 (1973).

As the Board has previously

stated,

~

to

protect the environment,, a viable, enforced

permit system is necessary for the orderly regulation of

solid waste management sites~” PCB 74-473 (Opinion at”4),

18 125

---

—3—

Neither the technical practicability nor the economic

reasonableness of acquiring the necessary permit is in issue

here. Respondent’s long delay in seeking the advice necessary

to prepare a permit application, and his failure to show any

reasons for those delays, mandate the imposition of a

penalty. Balancing the necessity of the permit system

against Respondent’s efforts to secure a permit, the Board

finds that a penalty of $500.00 would be appropriate.

This Opinion constitutes the findings of fact and

conclusions of law of the Board in this matter.

ORDER

IT IS THE ORDER OF THE POLLUTION CONTROL BOARD THAT:

1. Respondent Murrel Weedman is found to have

operated a solid waste management site in Wayne

County, Illinois, without the required operating

permit from the Environmental Protection Agency in

violation of Section 21(e) of the Environmental

Protection Act and Rule 202(b) (1) of Chapter 7:

Solid Waste, of the Board’s Rules and Regulations,

from July 27, 1974 until October 29, 1974.

2. Respondent shall pay as a penalty of such

violation, a penalty of $500.00, payment to be

made by certified check of money order, within 35

days of the date of this Order to:

State of Illinois

Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

3. Respondent shall cease and desist the aforesaid

violations, and shall cease operations on and

properly close the subject site in accord with

all applicaIle Board regulations, unless an appropriate

operating permit has been issued by the Environmental

Protection Agency within 120 days of

the adoption of this Order.

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

Control Board, hereby certify the above Opinion d Order

were adopted on the _______________day of

_______________

1975 by a vote of ‘,~‘_p

Christan L. Noffet

~Id~

ierk

Illinois Pollution ntrol Board