ILLINOIS POLLUTION CONTROL BOARD

~1ay31, 1973

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 72-65

EARL B. ARCHDALE,

Respondent.

Richard M.

Baner, Special Assistant Attorney General,

on

behalf of Complainant;

Kenneth Bath on behalf of Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Seaman):

On February 22,

1972,

the Environmental Protection

Agency filed

a complaint against Respondent, Earl

B.

Archdale, charging numerous specific instances of open

burning, open dumping,

failure to provide vector control

and failure to spread and compact refuse, all allegedly

in violation of the Environmental Protection Act and the

Rules and Regulations adopted pursuant thereto. Respondent

is the owner and operator of

a refuse disposal facility

and site located in Waterford Township of Fulton County,

Illinois.

On August 29,

1972,

this Board entered an Interim

Opinion and Order.

The confused state of the proceeding

on that date

is illustrated by the following excerpt

(P.

2):

r~Becauseof the obvious desire of the parties to close

this matter without further hearing, we did attempt

to make our findings of fact and law from the

materials which were presented to us.

We find,

how-

ever,

that the combination of the nonsensical pleadings

and the reliance upon them as a basis

for the Stipu-

lation of Facts frustrates our purpose.

Any deter-

mination of facts from this record would constitute

the Board’s own Stipulation of Facts.

We see no

alternative but to return the case to the Hearing

Officer for further proceedings.”

8

—

109

---

—2—

The Agency’s Amended Complaint,

filed on February 15,

1973,

charges Respondent with violation of the following:

Section 9(c), Section

21(b)

and Section 12(a)

of

the Illinois Environmental Protection Act;

Rule 3.04, Rule 3.05,

Rule

5.06,

Rule 5.07,

Rule

5.09,

Rule

5.12 and Rule 5.12(c)

of the Rules and

Regulations for Refuse Disposal Sites and Facilities

effective pursuant to Section 49(c)

of the Act.

A hearing was held on March

20,

1973.

At that hearing,

Respondent testified that his facility had been closed

since September of 1972

(R.

34).

Respondent further testi-

fied that the requisite two feet of compacted cover had not

then been totally completed

(R.

49).

The evidence produced at the hearing proved numerous

violations of the Act and Rules.

There was evidence

of

a fire which lasted for over

a week

(R.

46,

179),

a dense

fly population

(R.

74),

lack of daily cover and compacting

activity

(R.

84,

92)

and open dumping

(R.

157).

The Respondent is a man of modest means, engaged

primarily as a factory worker.

He has testified to his

desire to cease all operation of the facility.

This Board

is, therefore, disposed to order the facility closed and to

assess

a small penalty.

This Opinion constitutes the findings of fact and

conclusions of law of the Board.

IT

IS THE ORDER of the Pollution Control Board that:

1.

Respondent

shall pay to the State of Illinois the

sum of $100 within thirty days of the date of this Order.

Penalty payment by certified check or money order payable

to the State of Illinois shall be made to:

Fiscal Services

Division, Illinois Environmental Protection Agency,

2200

Churchill Road,

Springfield, Illinois 62706.

2.

Respondent shall provide final cover to the top

and face of the disposal site pursuant to the requirements

of Rule 5.07(b) on or before July 15,

1972;

3.

The site referred to in the Complaint shall be and

is ordered closed as

a refuse disposal

site;

4.

Further operation of this site as

a refuse disposal

site shall be onlyafter

full compliance by the Respondent

with the statutory requirements for beginning and continuance

of

such operations.

8—

110

---

—3—

5.

Respondent shall cease and desist from all viola-

tions of the Act and Regulations at the location in question.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution Control

Board, certify that the above Opinion and Order was adopted on

the

ji

~‘

day of

r~-~

~

,

1973,

by

a vote of

~

to

c:~~