May 8,

Complainant,

V.

)

MR. JOSEPH

R.

HALE, attorney for Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Dr.

Odell)

On October 29,

1974,

the Illinois Environmental Protection

Agency

(Agency)

filed a Complaint against the City of Shawnee-

town alleging that the City failed to have an Operating Permit

for its solid waste management site in violation of Rule 202(b) (1)

of the Solid Waste Regulations

(Chapter Seven) and Section

21(e)

of the Illinois Environmental Protection Act

(Act).

Complainant

alleged that these violations occurred from July 27,

1974

--

the

effective date of Rule 202(b) (1)

——

until October 29, 1974.

Com-

plainant further alleged that Respondent allowed the open burning

of refuse at its site on September 27,

1974,

in violation of Rule

Rule 311 of Chapter Seven and Section

9 (c)

of the Act.

The solid

waste management site

is located in Section 21, Township

9 South,

Range

9 East,

in Gallatin County,

Illinois.

A hearing took place on Tuesday, March 11, 1975,

in the

County Courthouse in Shawneetown, Illinois,

At the beginning of

the hearing the Respondent admitted

(Comp. Ex.

1; R~ 5):

“1~ That Respondent did not at any time between the dates

of July 27,

1974,

and October

24,

1974, possess a permit issued

by the EPA for the operation of a solid waste management site

located in Section 21, Township

9 South, Range

9 East,

in Gallatin

County, Illinois~

“2,

That Respondent operated or caused to be operated a

solid waste management site in Section 21, Township 9 South,

Range

9 East,

in Gallatiri County, Illinois on July 30, 1974,

and

August 14,

1974.

“3.

That Respondent has operated or caused to be operated

a solid waste management site located in Section 21, Township 9

South, Range 9 East,

in Gallatin County, Illinois, with operating

hours on two or more days of each week between July 28,

1974, and

October 19,

1974.

16

—

577

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—2—

“4.

That Respondent caused or allowed the open burning

of refuse at its solid waste management site located in Section

21, Township

9 South, Range

9 East,

in Gallatin County,

Illinois,

on September

27, 1974,”

The Agency also introduced into evidence copies of letters

it sent to the Respondent notifying it that the site did not have

a permit and.indicating other possible violations of Chapter

Seven relating to the accumulation of trees and brush, open burn-

ing, and inadequate daily cover

(Joint Ex. 1—16;

R.

8).

These

letters were sent from September 27~ 1973, until December 19,

1974,

The City stated that it had not applied for an Operating

Permit for its site because attempts are being made to establish a

county-wide landfill.

The Citydoesn~twant to burden its citizens

with expenses for two permit applications

(R.

17,

18).

It was es-

timated that it would cost $3,000 to $5,000 to apply for an

Operating Permit at the present site

(R,

49)

The City expends

$12,000 to $14,000 annually to operate the site

(R.

12).

A wit-

ness for the Respondent concluded that the City~sfinancial rd-

sources were “meager”

(R,

49),

The solid waste management site serves 20

of the communities

in the county

CR.

28),

The next nearest site is 25 to 30 miles

away in Harrisburg

(R.

13),

Before the City~ssite was operating,

people dumped their garbage on the banks of the Ohio River

(R,

14).

If the landfill were closed,~the whole community would be littered

with trash

(R,

21),

Approximately 50

of the local citizens haul.

their own garbage to the landfill

CR.

23).

Equipment

(a compactor)

was not available until several months aqo to haul the garbage to

the Harrisburg site

CR.

26).

There is no water pollution problem at the site

(R, 31—36).

Brush fires are no longer occurring at the landfill

(R,

46).

The

site is fenced;

an operator is on duty 8:00

...a.m.

to 5:00 p.m.

(R,

43-45).

Four inches of cover is applied to new refuse

CR,

46).

Local citizens testified that the City is doing a good job of

operating the landfill

CR. 60, 66,

67).

No complaints

to its

operation have been received

CR,

14),

Citizen witnesses felt that

the landfill.should remain open because it is

better~.. to “use the

landfill.than to dump along.the ~boadside (R,

63).”

We find that Respondent violated Rule 202(b) (1)

of Chapter

Seven and Section

2l(e)

of the Act from July 27,

1974, until

October 29,

1974,

Rule 311 of Chapter Seven and Section 9(c)of

the Act were: violated on September 27, 1974,

We assess a penilty

of $150.00 for operating the site without a permit and impose a

penalty of $25.00 for the single open burning violation. Looking

to Section

33 Cc)

of the Act, we find that the degree of injury to

the general welfare was not great; the site has social and

economic value; and the landfill appears to be suitably located.

Also,

the fact that Respondent is a municipality argues for mitiga-

tion.

On the other hand,

the City’s deliberate flaunting of the

law demands that more than a token penalty be assessed if the

purposes of the Act are to be respected.

A person does not have

16 —578

---

—3—

the option of disregarding the law if it feels the law imposes

an unreasonable hardship upon

it.

The Act provides that

a

person can receive a variance if the test

of

arbitrary

or

un-

reasonable hardship is met.

This Opinion constitutes the findings of fact and con-

clusions

of law of the

Board.

ORDER

IT

IS

THE

O:RIJER

of

the

Pollution

Control

Board

that:

1.

Respondent violated Rules

202(h) Cl)

and 311 of Chapter

Seven and Sections

9 Cc)

and 21(e)

of the Act as set out in the

Opinion.

2.

Respondent shall pay a penalty of $175.00 for its

violotions

of the Act and regulations 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.

3.

Respondent shall cease and desist from violating Rule

311 of Chapter Seven and Section

9(c)

of the Act.

4.

Respondent shall apply to the Agency for an Operating

Permit for its Shawneetown solid waste management site within

120 days

of the adoption of this Order

or

make other arrangements

to comply with the requirements of the Act and Regulations.

I,

Christan L. Moffett,

Clerk of

the Illinois Pollution Control

Board,

hereby certify that the above Opinion and

Order1was

adopted on the

~4’i

day of May,

1975, by

a vote of

~—O

Christan L.

Moffet

,

Illinois Pollution

ntrol Board