ILLINOIS POLLUTION CONTROL BOARD

November 29, 1973

ENVIRONMENTAL PROTECTION AGENCY

v.

)

PCB 73—246

CITY OF ~4OUNT CARMEL, a municipal)

corporation and

EMMETT DUNKEL

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

A Complaint was filed on September 4, 1973 by the

Environmental Protection Agency. (hereinafter called EPA)

against the City oi Mount Carmel, a municipal corporation,

and Ermnett Dunkel, an employee of the City. The Complaint

alleged violations of several sections of the Environmental

Protection Act (hereinafter called Act) and violations of

several sectiors of the Rules and Regulations For Refuse

Disposal Sites (hereinafter called Rules) extending over a

protracted period of time from July 1971 through February 1973.

Count I of the Complaint charged that Respondents at

the refuse disposal site located within the Northwest Quarter

of Section 5, Township 1 South, Range 12 West in Wabash

County, Illinois violated Sections 21(a), (b), and (e) of the

Act and violated Sections 3.04, 5.03, 5.06, 5.07(a) and (b),

5.10(a), (b), (c) and (d), and 5.12(c) of the Rules. Section

21(e) of the Act requires a permit, but that since July 1, 1970

the facilities had been operated without one. The other

violations of the Act and Rules occurred on various specific

dates (as clearly set out in the Complaint) from July 26, 1971

through January 11, 1973. The greatest number of dates set out

for any Act or Rule violation was 24 specific dates.

Count II of the Complaint charged Respondent Mount Carmel

at its disposal site located within Section 21, Range 12 West,

Township 1 South, on the east side of the Wabash River levee

in Wabash County, Illinois with violation of Sections 9(c) and

21(a) 

(b)

and (c) of Act and Sections 3.04, 3.05, 4.03(a),

5.03, 5.06, 5.07(a) and (b) 

and 5.12(c) of the Rules. Section

21(e) of the Act was a continuing violation in that no permit

had been issued subsequent to July 1, 1970 to operate the

facilities. The other violations of the Act and Rules occurred

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at various specific dates from July 28, 1971 through January

11, 1973, as set out in the Complaint.

Count III of the Complaint alleged the Respondent, Mount

Carmel, at its disposal facilities located within Section 21,

Range 12 West, Township 1 South, on the west side of the Wabash

River levee in Wabash County, Illinois violated Sections 9(c)

and 21(a), (b) and Cc) of the Act and Sections 3.04, 3.05, 4.03(a),

5.03, 5.06, 5.07(a) and (b), and 5.12(c) of the Rules. Section

21(e) of the Act was a continuing violation in that no permit

had been obtained for operation subsequent to July 1, 1970. The

other violations of the Act and Rules occurred at various specific

dates from July 28, 1971 through January 11, 1973, as set out in

the Complaint.

Count IV of the Complaint charged that Respondent Mount

Carmel at its disposal facility located within West ½ of the

Northwest ¼ of the Northeast ¼ of Section 22, Township 1 North,

Range 12 West in, the Wabash County, Illinois violated Sections

21(b) and (e) of the Act and Sections 5.03, 5.04, 5.06, 5.07(a)

and 5.12(c) of the Rules. Section 21(e) of the Act was violated

in’ that a permit issued to Respondent included certain conditions

and Mount Carmel had violated condition 7 of those. standard

permit conditions. The other violations of the Act and Rules

occurred at various specific dates from April 5, 1972 through

February 7, 1973, as set out in the Complaint.

A hearing was held on, August 31, 1973, and a Stipulation

of Facts was made part of that hearing record. Mr. Dale R.

Turner, Assistant Attorney General, appeared on behalf of

Complainant. Mr. Leonard M. Koger, Jr., City Attorney, appeared

for Respondent City of Mt. Carmel; Respondent Emmett Dunkel was

not represented. In the Stipulation of Facts, Mount Carmel

admitted the violations of the Act and Rules as set out in Counts

I, II, III and IV of the Complaint and as indicated above. A

proposed order was suggested by the EPA which included a cease

and desist order, a compliance program, dismissal of the action

as to Respondent Dunkel, and payment of a $500 penalty by the

City of Mount Carmel,

The Stipulation of Facts indicates that violations have

been numerous, of long standing, and that compliance cannot be

achieved until sometime in 1974. Although the inaction and

indifference shown here by Mount Carmel city officials is

censured by this Board, we do not believe the innocent citizenry

should be made to suffer for their municipal shortcomings.

Furthermore, where parties have agreed to the disposition of the

case, and the proposal is reasonable, resulting in the abatement

of future pollution problems, we are inclined to accept the

Stipulation of Facts and enter our Order accordingly. See EPA v.

Texaco, #72—98, 4 PCB 551, 553 (May 23, 1972).

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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 Emmett Dunkel be dismissed as a party

to this action.

(2) Respondent Mount Carmel cease and desist from the

violations of the Act and Rules as set out in this opinion.

(3) Respondent carry out a compliance program in accord-

ance with the suggested compliance program submitted in the

Stipulation of Facts. Respondent must report to the Agency

every sixty days on its progress until its program of compliance

is completeth

(4) Compliance must be completed by July 1, 1974.

(5) City of Mount Carmel shall pay a penalty in the

amount of $500.00. Payment shall be in the form of certified

check or money order payable to the State of Illinois at Fiscal

Services Division, Environmental Protection Agency, 2200

Churchill Road, Springfield, Illinois. Payment shall be due

within 90 days after the adopting of this Opinion.

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 ~       

1973, by a vote

of ~  to c

Christan L. Moffe~t, Clerk

Illinois Polluti4hi Control Board

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