ILLINOIS POLLUTION CONTROL BOARD
    February 6,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 74—392
    BUD POSING,
    Respondent,
    Mr. Jeffrey
    S.
    Herden, attorney for Complainant.
    Mr. Bud Posing, appeared on his own behalf.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Odell)
    On October 25,
    1974,
    the Environmental Protection
    Agency
    (Agency)
    filed its Complaint with the Pollution Control
    Board
    (Board)
    against Mr. Bud Posing.
    The Complaint alleged
    that Mr. Posing, the sole proprietor
    of
    a solid waste manage-
    ment site located in Section 18, Township 30 North, Range 13
    East,
    in Kankakee County, Illinois, operated a landfill without
    an Operating Permit from the Agency.
    These illegal activities
    were allegedly carried out from July 27,
    1974,
    through October
    25, 1974,
    in continuing violation of Rule
    202(b) (1)
    of the
    Solid Waste Regulations
    (Chapter Seven).
    A hearing was held on December 19,
    1974, at City Hall
    in Kankakee, Illinois.
    The
    unrefuted evidence was that the
    Respondent did not have
    a permit on August 6,
    1974,
    and that at
    the time of the hearing no permit application had been submitted
    (R.6).
    Respondent indicated that he has not worked for more
    than two years and that he
    is
    in poor health
    (R.7).
    The land—
    fill site was closed after Mr. Posing found out that his
    activities were illegal.
    Some material was accepted after July
    27, 1974, but only “a few loads, not to amount to
    nothing’t
    (R.9).
    No citizens offered testimony.
    The record establishes that Mr. Posing violated Rule
    202(1) (b)
    of Chapter Seven.
    There was no evidence of environ-
    mental harm.
    All dumping has now ceased.
    A penalty is not assess-
    ed, because it would not further the purposes of the Environmental
    Protection Act and because of Respondent’s.poor health and economic
    situation.
    This Opinion constitutes the findings of fact and con-
    clusions of law of the Board.
    15 —383
    —2—
    ORDER
    IT IS THE ORDER of the Illinois Pollution Control Board
    that:
    1.
    Respondent shall not reopen his landfill site with-
    out an Operating Permit issued by the Agency.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was adopted
    on the
    ~
    day of
    _____________,
    1975, by
    a vote of
    ~/
    to
    ~stanL.Mtt
    15
    —384

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