ILLINOIS POLLUTION CONTROL BOARD
    July 24,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 74—461
    ELMER CHRISTOPHER JR., d/b/a/
    CHRISTOPHER SANITATION SERVICE,
    Respondent.
    Ms. Marilyn Resch, Assistant Attorney General, appeared on
    behalf of Complainant.
    Mr. Elmer Christopher,
    Jr. appeared pro Se.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the December 10, 1974 complaint of the Environ-
    mental Protection Agency
    (Agency).
    The complaint charges
    Elmer Christopher,
    Jr.,
    (Christopher) with operatinq a solid
    waste management site in St. Clair County without an Agency
    issued operating permit from July 27, 1974,
    to and including
    December 10,
    1974, thus violating Rule 202(b) (1)
    of the
    Board’s Solid Waste Regulations and Section 21(e)
    of the
    Environmental Protection Act
    (Act).
    Respondent has operated a sanitary landfill on a seven-
    teen acre site,
    east of Caseyville and south of Collinsville,
    Illinois,
    since 1968.
    The operation consists of five employ-
    ees and three trucks
    (Rl5).
    The site
    is open three days
    a
    week during warm weather
    (R16)
    and is closed during
    the
    winter months.
    Christopher produced copies of his County
    Landfill License
    (Resp. Ex.
    2);
    a letter from the Illinois
    Department of Public Health approving the site
    (Resp.
    Ex.
    1);
    and a $10,000 permit bond issued by Maryland Casualty Company.
    The landfill has not been
    in operation since November,
    1974,
    when Christopher’s engineer died
    (R20).
    The Agency produced copies of ten letters
    it had sent
    to Christopher from August
    31,
    1973,
    to January
    8,
    1975,
    warning Christopher of his need to obtain an Agency permit
    and that his site may be in violation of other regulations
    including but not limited to failure to compact and spread
    refuse as received;
    inadequate ground cover; and leachate
    flowing to an adjacent creek
    (Comp.
    Ex.
    3 through 12).
    18
    —
    168
    —2—
    Christopher applied for an Agency Operating Permit on
    July 22,
    1974.
    This application was rejected for inadequate
    information and documentation on or about August
    22, 1974
    (Comp.
    Ex.
    13).
    Respondent has made no other application.
    The record was devoid of any information with regard
    to
    the quantity and quality of refuse accepted at the site,
    the
    cost of operation,
    and any benefit the site might provide
    the public.
    Respondent requested a 90-day continuance within which
    to complete a program of mitigation of the charges.
    Said
    motion was granted and the cause continued until July
    9,
    1975, by Board Order on April 10,
    1975.
    Respondent has
    failed
    to submit any evidence in mitigation as of July
    17,
    1975.
    Based upon the evidence admitted in the hearings held
    January
    17 and February 28,
    1975,
    the Board
    finds that the
    Respondent operated a sanitary landfill without an Operating
    Permit
    in violation of Rule 202(b) (1)
    of the Board’s Solid
    Waste Regulations and Section 21(e)
    of the Act.
    Said vio-
    lation occurred from July 27, 1975
    to December 10,
    1975.
    In
    mitigation,
    Respondent states that he will not operate
    the
    landfill until he obtains
    a proper Agency issued permit to
    do so.
    A penalty of $150.00
    is appropriate.
    This Opinion constitutes the Board’s finding of fact
    and conclusions of law in this matter.
    ORDER
    IT IS THE ORDER OF THE BOARD THAT:
    (a)
    Elmer Christopher,
    Jr.,
    cease and desist from
    operating its solid waste management site unless it
    applies for and obtains an appropriate operating permit
    within 120 days of the date of this Order; and
    (b)
    If Christopher cannot obtain an operating
    permit, Petitioner is ordered
    to comply with Rule 305
    of the Solid Waste Regulations before permanently
    closing its facility,
    said compliance
    to be accomplished
    on or before December 22,
    1975;
    and
    (c) Elmer Christopher is ordered
    to pay, within 45
    days,
    a penalty of $150.00
    for the violatiOns of Rule
    202(b) (1)
    of the Solid Waste Regulations and Section
    21(e)
    of the Act found herein.
    Penalty payment by certified
    check or money order payable to the State of
    Illinois
    shall be made
    to:
    18—
    169
    —3—
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    IT IS SO ORDERED.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control
    Board, hereby certify the above Opinion and Order
    were adopted on the
    Qi/ø~
    day of
    ________,
    1975 by a
    vote of
    5...~
    eMuta1L
    x.
    YM5qLLI
    (~)
    Christan
    L. Moffet
    ,
    Cle’fk
    Illinois Pollution Control Board
    18
    —
    170

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