ILLINOIS POLLUTION CONTROL BOARD

September 18, 1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant.

v.

)

PCB 74—453

JAKE SEETS,

SR.,

Respondent.

Mr. Anthony

B. Cameron and Mr.

Larry

R.

Eaton, Assistant

Attorneys General, appeared on behalf of Complainant;

Mr.

Theodore E. D~az,Armbruster and Diaz,

appeared on

behalf of Respon~ient.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter cori~es before the Pollution Control Board

(Board)

upon the December

4,

1974, complaint of the Environ-

mental Protection

2\gency

(Agency) charging Jake Seets,

Sr.,

(Sects)

with operating a solid waste management site without

an Agency issued operating permit on or since July 27,

1974,

thereby violating Section 21(e)

of the Environmental Protec-

tion Act

(Act) an~Rule 202(b) (1)

of the Solid Waste Regula-

tions.

Hearings were held on April

9, and August

4,

1975,

in Jerseyville,

Illinois.

Sects owns

a solid waste management site five miles

west of Brighton,

Jersey County,

Illinois.

Sects admits

that he did not have a permit issued by the Agency to operate

a solid waste management site between July 27,

1974, and

December 2,

1974

(Exs.

1 and 2).

The unrefuted testimony of

Mr.

Richard A. Eisencoff showed that between October

3 and

October

29,

1974,

the landfill had been in operation

~R.25-

31).

Although Exhibit.

3 shows a large quantity of garbage

present on the site on August

5,

1974, there was insuffi-

cient evidence or~the age of the refuse to determine whether

it had been dumpe~1before or after July

27,

1974.

In mitigation,

Mr.

Sects testified that he no longer

uses the site and that he

could not afford to get

a

permit

(R.8,

20).

No evidence was presented concerning

the char-

acter and degree of injury to the public health.

The record

was also devoid of evidence pertaining

to the social and

economic value of the pollution

source as well as its suit-

ability

to the area.

18— 521

---

—2—

The Board

finds

that Mr. Jake Sects operated a solid

waste management site on or after July 27,

1974, without an

Agency issued permit,

thereby violating Section 21(e)

of the

Act and Rule 202~b)(1)

of the Solid Waste Regulations.

In

consideration thereof,

the Board will assess a penalty of

$100.00 against Mr. Sects and order him to cease and desist

from operating the site without an appropriate periait.

The Agency h~smoved that costs be assessed against

Sects pursuant to Irocedural Rule

314 for his failure

to

admit statements two and three in the Agency’s Request for

Admission of Facts.

The Board herewith denies the Agency’s

motion to assess costs as the Agency failed to prove those

portions of the Request for Admission of Facts which were

denied.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

It

is the Order of the Pollution Control Board that:

1)

Respondent Jake Sects is found to have operated a

solid waste management site

in Jersey County without the

required operating permit from the Agency,

in violation of

Rule 202(b) (1)

of Chapter

7:

Solid Waste Rules and Regula-

tions and Secticn

21(e)

of the Act, during the period July

27,

1974,

to December

2,

1974;

and

2)

Respondent Jake Sects shall pay as a penalty the

sum of $100.00, p~vmentto be made within

35 days of the

date of this Order, by certified check or money order to:

State of Illinois

Fiscal Services Division

Environmental Protection Agency

2200 Churchill Road

Springfield,

Illinois

62706

and

3)

Respondent

Jake Sects shall cease and desist oper-

ating the solid waste management site within

30 days of this

Order,

applying proper final cover to the site

in accordance

with applicable Board Regulations,

unless the proper oper-

ating permit is applied for within

30 days and received

within 120 days of this Order.

18

—

522

---

—3—

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby cerjify the above Opini n and Order

were adopted on the

/~3’T~

day of

1975 by

a

vote of

~3_p

Illinois Pollution