ILLINOIS POLLUTION CONTROL BOARD

May

29,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 74—453

JAKE SEETS,

SR.,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Henss):

The Environmental Protection Agency alleges that Respondent

operated a solid waste management site without an operating

permit in violation of Rule 202(b)

Cl)

of the Solid Waste Rules

and Regulations and Section 21(e)

of the Environmental Protectici

Act.

The matter proceeded to hearing on the merits April 9,

1975.

Three witnesses testified for Complainant and exhibits

were introduced into the record.

When Complainant concluded its

case in chief Respondent moved to dismiss the action on the

ground that Complainant had failed to establish

a prima facie

case.

The Hearing Officer referred the motion to the Board for

disposition.

We have reviewed the evidence introduced

to date and find

that Complainant has introduced sufficient evidence

to establish

a prima fade

case.

According to this incomplete record Re-

spondent admitted that he was accepting 12 cubic yards of refuse

a day and admitted that he did not have

a permit for the operation

of

a solid waste management site.

We make no findings of

fact

beyond our determination that

a prima fade case has been established.

All other motions made by the parties during the public he~.rn

shall be taken with the case.

It is ordered that Respondent’s motion to dismiss at the

conclusion of Complainant’s case in chief be denied.

The Hearing

Officer

is directed to set this matter for hearing within

30 days

for the completion of the record.

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I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above order was adopted on

______

day of

_________,

1975 by

a vote of

~

Board

Illinois Pollution

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