ILLINOIS POLLUTION CONTROL BOARD
May 22, 1975
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 74—397
VILLAGE
OF
OMAHA,
)
Respondent.
Mr. Anthony B.
Cameron,
Assistant
Attorney
General,
appeared
for the Complaintant;
Mr.
Joseph R. Hale, Bartley and Hale, appeared for the
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
This enforcement action was filed on October 29,
1974.
The Village of Omaha is charged with operating
a solid waste
management site without an operating permit from the Environ-
mental Protection Agency (Agency)
in violation of Rule
202(b) (1), Pollution Control Board Regulations, Chapter
7
(Solid Waste)
and Section 21(e)
of
the
Environmental
Pro-
tection Act.
A hearing was held in this matter on March 11,
1975.
The Village of Omaha, located in Gallatin County, owns
and operates a solid waste management site that services a
total population of approximately 300 people.
It is stip-
ulated by both parties that;
1) the refuse accepted in the
Omaha solid waste management site between July 27,
1974 and
October 14,
1974 was predominately refuse not generated by
Respondent’s own activities;
2)
in the first two years prior
to July 27,
1974, Respondent received from the Agency more
than five written warnings to the effect that it did not
possess a proper permit and would be required to have one as
of July 27,
1974
(R6).
In response to a request for a~-
missions by the Complaintant,
Respondent admitted that it
did not at any time between the dates of July 27, 1974 and
October 24,
1974 possess
a permit issued by the Environ-
mental Protection Agency for the operation of a solid waste
management site notwithstanding that it had operated such a
site two or more days of each week between July 28, 1974 and
October 19,
1974.
The facts as stipulated and the admissions by the
Village of Omaha are sufficient to establish violations
as
alleged in the Complaint.
In addition, the fact that the
Respondent received more than five warnings from the Agency
17 —95
—2—
to the effect that it needed a permit prior to July 27,
1974,
indicates some laxity on the part of the Village of
Omaha.
In mitigation of the
aforementioned violations the
record shows that the Village had been informed by inspec-
tors, apparently from the Agency, that the waste management
site was in compliance with regulations prior to the time
that the Agency informed the Village that they were in
violation.
The record also indicates that there is a need
for the site supported by evidence of dumping in ditches
prior to establishment of the site and subsequent to its
closing.
In addition the Village has not operated the site since
notification of violation.
The record is unclear as to
whether the Village of Omaha intends to app)~yfor a permit
in order to enable them to reopen their Waste management
site.
We find the Village of Omaha in violation as alleged in
the Complaint and in view of the mitigating circumstances
surrounding violation,
assess a penalty of $50.00.
This Opinion constitutes the finding of fact and con-
clusions of law of the Pollution Control Board.
ORDER
1.
The Village of Omaha shall not re-open its solid
waste management site without an appropriate permit.
In the
event it intends to re-open this site, it is ordered to
apply for such permit within 30 days and to obtain such
permit within 120 days of the date of this Order.
2.
In the event the site remains closed,
it shall be pro-
vided with final cover as set out in the Solid Waste Reg-
ulations.
3.
The Village of Omaha is ordered to pay a penalty of
$50.00 for the violations of Rule 202(b) (1) of the Solid
Waste Regulations and Section 21(e)
of the Environmental
Protection Act found herein.
Penalty payment by certified
check or money order payable to the State of Illinois shall
be made to:
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
IT IS SO
ORDERED.
‘I
—
96
—3—
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, do hereby certify ~hat the above Opinion and
Order were adopted on the
_____________
day of
(Y~
l975byavoteof
~
Illinois Pollution
Board
17—97