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

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—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