ILLINOIS POLLUTION CONTROL BOARD
    September 13, 1973
    ENV I RONNIE NTAL P ROTE CT I ON AGENCY
    PCB 73-84
    L.R. JOHNSON and SON
    )
    )
    )
    MR. SAMUEL MORGAN
    and HARVEY M. SHELDON, Assistant Attorney
    Generals, for the Environmental Protection Agency
    MR.
    JOHN W, GOSSELIN
    of MESSRS. BENSON,
    MAIR
    ?F
    GOSSELIN, for
    L.R. Johnson and Son.
    OPINION
    AND ORDER OF THE BOARD (by Mr. Dumelle)
    The Environmental Protection Agency filed a complaint against
    L.R. Johnson
    and Son asserting that the Respondent owned certain
    facilities
    where he violated various sections of the Environmental
    Protection Act (Act) and Rules and Regulations for Refuse Disposal
    Sites and Facilities (Land Rules) promulgated by the Department of
    Public Health in April of 1966 and remaining in force and effect
    pursuant to Section 49(c) of the Act.
    Mr. Johnson owned land located in Batavia, Illinois where
    h~ Nad conducted landfill operations.
    After contact by the
    Department of Public Health regarding the necessity of
    obt~i~nirtga permit to conduct such landfill operations,
    Respondent
    cea~~d such operations except for the occasional disposal of loads
    of ~~Ilid refuse such as concrete waste or clay.
    Respondent contends
    th~~all other refuse was placed on his land without his knowledge
    o~
    approval.
    The Agency and Mr. Johnson have filed a Stipulation that
    Mr. Johnson has violated the prohibition of open dumping found
    at Section 21(b) of
    the Act and Rule
    3.04
    of the Land Rules, vio-
    lated Section 21(a) of the Act by not obtaining a permit, failed
    to properly spread and compact refuse deposited on his land in
    violation of Rule 5.06 of the Land Rules, and failed to provide
    daily cover and final cover in violation of Rules 5.07(a) and
    5,07(b) of the Land Rules. This Stipulation is found on pages 2
    9
    —
    251
    -2-
    through 4 in the hearing record (PCB 73-84, April 25, 1973).
    Based upon the Stipulation filed by the parties and the
    record taken as a whole, the Board finds the Respondent in viola-
    tion by having caused or allowed the open dumping of refuse upon
    his property, failure to obtain a permit for the operation of
    a landfill, failure to properly spread and compact refuse, failure
    to provide daily cover, and failure to provide final cover.
    People owe a trust to ensure that land they own or control
    is not abused by open dumping of refuse in an unproper and illega-
    manner. Although respondent has stated that he did not cause
    the dumping, he owns the land and is responsible for the refuse. In
    respect of the Respondent’s cooperation and his efforts to correct
    the violations by leveling and applying a final cover, the Board
    assesses a modest $100 penalty.
    This opinion constitutes the Board’s findings o:f fact
    and conclusions of law.
    ORDER
    Respondent, L.R. Johnson and Son shall:
    1. Cease and desist from causing or allowing any open
    dumping of refuse upon the site in question.
    2. Cease and desist from violations of the Environmental
    Protection Act and the Rules and Regulations for Refuse
    Sites and Facilities.
    3. Obtain a permit from the Illinois Environmental Protection
    Agency before commencing any future landfilling operations.
    4. Pay to the State of Illinois, within 35 days after receipt
    of this Order, the sum of $100.00 as a penalty for viola-
    tion of provisions found in the Board’s opinion.
    Penalty
    payment by certified check or money order payable to the
    State of Illinois shall he made to: Fiscal Services Divi-
    sion, Illinois Environmental Protection Agency, 2200
    Churchill Drive, Springfield, Illinois 62706.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the /~3~day of September, 1973 by a vote of
    9_~
    ~hristan L. Moffett, erk
    Illinois Pollution C rol Board
    9
    —
    252

    Back to top