ILLINOIS POLLUTION CONTROL BOARD

March 26, 1975

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 74—430

CITY OF ASTORIA,

)

Respondent.

Mr. Howard V. Thomas, attorney for Complainant.

Mr. Oral C. Kost, attorney for Respondent.

OPINION AND ORDER OF THE BOARD (by Dr. Odell)

On November 19, 1974, the Illinois Environmental Protection

Agency (Agency) filed a Complaint against the City of Astoria

with the Illinois Pollution Control Board (Board). The Complaint

alleged that Respondent operated a solid waste management site at

all times from July 27, 1974, until November 19, 1974, without an

Agency Operating Permit in violation of Section 21(e) of the

Environmental Protection Act (Act) and Rule 202(b) (1) of the Solid

Waste Regulations (Chapter Seven). Respondent’s 20—acre solid

waste-management site is located in the SW 1/4 of Section 32,

Township 3 North, Range 1 East, in Fulton County, Illinois.

A hearing was held on January 23, 1975, in the Circuit

Courtroom of the Fulton County Courthouse in Lewistown, Illinois.

A Stipulation of Facts with attached exhibits was entered into

evidence at the hearing. The Stipulation of Facts stated that:

“2. Respondent has operated the solid waste—management

site designated in the Complaint before, on, and after July 27,

1974, without an operating permit granted by the Environmental

Protection Agency.

‘3. To date, Respondent has not submitted an application

for a permit from the Environmental Protection Agency.

114• The Environmental Protection Agency, beginning on

January 7, 1974, sent the Respondent four letters which indicated

that the site was subject to the requirement that a permit be ob-

tained, and that no permit from the Environmental Protection

Agency had been issued for the site in question. Carbon copies

of the aforementioned letters are attached hereto as Exhibit A.

Prior to 1974, surveillance personnel from the Environmental

Protection Agency made inspection visits to the site, and supplied

the Respondent with copies; copies of the latter inspection

16—213

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—2—

reports are attached hereto as Exhibit B.

“5. While the Respondent does not possess an operating

permit, it has requested and received the necessary application

form from the Agency, and intends to ~retain an engineering firm

to provide the technical services necessary to properly com-

plete the application.”

The Respondent called one witness in mitigation. The

witness established that a total of $7,716.63 was received by

the municipality in 1974 from ta~eslevied (R.8). The population

of the Village of Astoria is 1,200. The witness, the village

clerk, admitted on cross examination that he was aware of the

need for a permit before the June 1974 deadline (R.l0).

We find that the Respondent violated the Act and Chapter

Seven as charged in the Complaint. We assess a penalty, albeit

nominal, to discourage other persons of limited means from

unnecessarily violating the Act and Regulations.

This Opinion constitutes the findings of fact and conclusions

of law of the Board.

ORDER

IT IS THE ORDER of the Pollution Control Board that:

1. Respondent pay a penalty of $50.00 for its violation

of Section 21(e) of the Environmental Protection Act and Rule

202(b) (1) of the Solid Waste Regulations, as established in this

Opinion. Payment shall be by certified check or money order

payable to the State of Illinois, Fiscal Services Division,

Environmental Protection Agency, 2200 Churchill Road, Springfield,

Illinois 62706. Payment shall be made within 35 days of the

adoption of this Order.

2. Respondent discontinue all refuse disposal activities

at its site unless an Operating Permit is obtained from the

Agency within 180 days of the adoption of this Order.

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

Board, hereJ~ycertify that th~above Opinion and Order was adopted

on the

_______

day of

___________,

1975, by a vote of

4/

to

p.

Christan L. Mof tt

16—214