ILLINOIS POLLUTION CONTROL BOARD
    February 27, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 74—380
    LEROY
    3.
    WAGNER,
    Respondent.
    Mr. Howard Thomas, attorney for Complainant.
    Mr. Leroy
    3.
    Wagner, appeared pro se.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Odell)
    On October
    25,
    1974,
    the Environmental Protection Agency
    (Agency)
    filed a Complaint against Leroy
    3.
    Wagner charging
    that he operated a solid waste disposal site without an Operat-
    ing Permit.
    The landfill is located on
    a 68-acre tract in
    Section
    31, Township 1 North, Range
    8 West,
    in St. Clair County,
    Illinois.
    The Complaint alleged that a~violation of Rule 202
    (b) (1)
    of the Solid Waste Regulations
    (Chapter Seven)
    and Section
    21(e)
    of the Environmental Protection Act
    (Act)
    had occurred from
    July 27 until October 25,
    1974.
    A hearing was held on December 18,
    1974,
    in the City Council
    Chambers of Belleville, Illinois.
    The evidence established that
    Mr. Wagner operated his site without an Operating Permit from
    July 27, 1974,
    through October 25, 1974
    (R.
    26,
    49).
    On
    November 12,
    1974,
    Mr. Wagner applied to the Agency for a permit
    (R.
    49).
    At the time of the hearing, the Agency had not ruled
    on the application.
    The Respondent was aware of the July 27,
    1974, compliance date in early September,
    1973
    (B.
    66).
    He
    failed to take positive steps
    to satisfy the permit requirement
    until April,
    1974, because he didn’t realize that preparation of
    the permit application would take as long as it did
    (R.
    69).
    In mitigation, the evidence established that since approxi-
    mately April 22, 1974, when Mr. Wagner retained a registered
    civil engineer, who was a licensed land surveyor, diligent and
    good faith efforts have been made to achieve compliance
    (R.
    49,
    52 to 54).
    The requisite
    tests
    had to be conducted.
    A delay
    in receiving boring data detained Mr. Wagner’s application.
    15
    —601
    Mr.
    Wagner’s application was postponed 10 days, because he
    believed
    (on the basis of information from an outdated Agency
    form)
    that newspaper publication of the application was nec-
    essary.
    The Respondent has clearly violated the Act and Chapter
    Seven from July
    27,
    1974,
    to October 25,
    1974,
    as alleged in
    the Complaint.
    A ~ena1ty
    is called
    far
    in this case,.
    but
    a
    severe one would not be appropriate.
    First, while Respondent
    clearly had knowledge of the compliance date almost eleven
    months before it became due, delay was not based on any intention
    to violate the Act or Regulations.
    Second, although economic
    information was not presented,
    it is clear that Respondent has
    had to expend reasonable sums in
    a good faith, albeit belated,
    effort to achieve compliance.
    Finally, the Complaint did not
    allege any other violations.
    While letters submitted into
    evidence (EPA Ex.
    D,
    E,
    F,
    G,
    H, and
    I)
    refer to other possible
    violations of Chapter Seven,
    they were submitted to snow Res-
    pondent’s notice of the permit requirement rather than on the
    issue of harm to the environment.
    This Opinion constitutes the findings of fact and con-
    clusions of law of the Board.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that:
    1.
    Respondent cease and desist violating Rule 202(b) (1)
    of Chapter Seven and Section 21(e)
    of the Act within 120 days
    of the adoption of this Order.
    2.
    Respondent pay a penalty of $100.00 for its violations
    of the Act and regulations established in this Opinion.
    Pay-
    ment 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.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certi y
    at the above Opinion and Order was adopted
    on the
    ~
    day of
    ,
    1975, by a vote of
    ____
    to
    p.
    C~tan.~e~

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