ILLINOIS POLLUTION CONTROL BOARD

December 18, 1975

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 75-63

)

JOHN GALVIN and JACQUELINE GALVIN,

)

Respondents.

Ms. Joan Wing, Assistant Attorney General, Attorney for

Complainant

Mr. John Calvin, Pro Se

OPINION

AND

ORDER OF THE BOARD (by Mr. Young):

This case involves a Complaint filed by the People of the

State of Illinois (People) on February 11, 1975, alleging that

Respondents, John Galvin and Jacqueline Galvin (Galvin), allowed

or burned, or caused or allowed to be burned on land owned by

Respondents, large quantities of landscape wastes in violation

of Rule 502 of the Air Pollution Regulations (Chapter 2) and

Section 9(c) of the Environmental Protection Act. More specifi-

cally, the Complaint alleges that Respondents burned said wastes

on or about February 3, 4, 5, 6 and 8, 1975 on a parcel of pro-

perty lying south of Elgin Road (U. S. 20) in the NW 1/4 of the

Sw 1/4 of Section 27, Township 41 North, Range 9 East, in Hanover

Township, Cook County, Illinois, which parcel is within 40 air

miles of Meigs Field, Chicago, Illinois, without first obtaining

a permit from the Environmental Protection Agency (Agency) as

required by Rule 502 of the Air Pollution Regulations.

Hearing was held on April 25, 1975 at which time a Stipula-

tion and Proposal for Settlement was entered into the record.

No additional evidence was adduced at the hearing; no members

of the public were present.

In the Stipulation, Galvin admits ownership of the above

described parcel of real property and the burning of quantities of

landscape waste on said property on February 3, 4, 5, 6 and 8,

1975 without having first obtained a permit from the Agency.

Galvin further admits to violation of Rule 502 of Chapter 2 and

Section 9(c) of the Act and to payment of a penalty of $250.00

for such violation.

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On the basis of the foregoing and the Stipulation which

constitutes the entire record in this case, we find that Galvin

did violate the Act and Regulations as charged in the Complaint

by causing or allowing open burning of landscape wastes without

having first obtained a permit from the Agency in violation of

Rule 502 of the Air Pollution Regulations and Section 9(c) of

the Environmental Protection Act. A penalty of $250.00 will be

assessed for these violations.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

1. Respondents, John Galvin and Jacqueline Galvin, shall

pay a penalty of $250.00 for violation of Section 9(c) of the

Environmental Protection Act and Rule 502 of the Air Pollution

Regulations found herein. 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.

2. Respondents, John Galvin and Jacqueline Galvin, shall

cease and desist from any open burning on property owned by them

without first obtaining a permit from the Illinois Environmental

Protection Agency.

3. Respondents, John Galvin and Jacqueline Galvin, shall

take all reasonable and necessary action to prevent any third

persons from open burning on property owned by them without

first obtaining a permit from the Illinois Environmental Pro-

tection Agency.

IT IS SO ORDERED.

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

Control Board, hereby certify the above~Opin~onand Order

were adopted on the /5

Iii

day of

~1PJ~f~

,

1975

by a vote of

‘~-~

~th~&4t

I ~IIdt/~i

Chri~stanL. MofD’~tt,~Yérk

Illinois Pollution Control Board

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