ILLINOIS POLLUTION CONTROL BOARD

June 7, 1973

ENVIRONMENTAL PROTECTION AGENCY

#73~76

v.

ORVAL

L. GEARHART, JR.

)

ALAN R.

MILLER, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF

OF ENVIRONMENTAL PROTECTION AGENCY

TOMAS M. MAGDICH, APPEARED ON BEHALF OF RESPONDENT

OPINION AND ORDER OF THE BOARD (B~ SAMUEL

T.

LAWTON, JR.):

Respondent is charged

with

operating a

refuse disposal site with~

out a permit in violation of Section 21(e) of the Environmental

Pro-~

tection Act, with the causing or allowing of open dumping of garbage

in violation of Section 21(a) of the Environmental

Protection Act

and Rule 3.04 of the Rules and Regulations for Refuse Disposal Sites

and Facilities and causing or allowing the open dumping of refuse,

in violation of Section 21(b) of the Act and the above Rule.

Additionally, Respondent is charged with violation of Rules 4.01 and

5.05 in failing to provide sufficient equipment in the operation of

a landfill, Rule 5.06 in failing to spread and compact refuse and

Rule 5.07(a) in failing to provide daily cover. The period of the

alleged violation begins on July 1, 1970 and continues to the date of

the filing of the complaint, which was February 23, 1973.

Specified dates of violation include, but are not limited to,

December

16,

1971, March 1, 1972, April 17, 1972, April 18, 1972 and

August 3, 1972, The subject

property is located in Lee County on

the flood plain of Plum Creek.

Answer was filed by Respondent denying the material allegations

of the complaint. Hearing was held in Dixon, Illinois, on April 19,

1973. Ownership of the subject property is acknowledged by Respondent

(R. 20). Respondent operates a bowling alley approximately one-eighth

of a mile from the site involved. ~Photographsintroduced as e*hibits

by the Agency, taken on April 17, 1972 and April 18, 1972, depict the

condition of the property, showing empty tin food and beverage contain-

ers, paper crating, loose lumber, metal and trash. While it is con-

ceivable that some of this rubbish was placed on the property prior to

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215

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July 1, 1970, Respondent and his son acknowledge that tin beverage

containers continuafto be dumped on the site until September of 1970

when Respondent became aware that the Environmental Protection Act

prohibited such activities and commenced using a landfill in Dixon

for disposal of the refuse generated from the bowling alley. The

suggestion is also made that this dumping was caused by strangers

and without the permission of Respondent. Inspections made on

December 16, 1971, April 17 and April 18, 1972 and August 3, 1972

indicate the continuation of the same obnoxious operation. The

suggestion is also made that the proximity of the stream resulted in

trash perhaps floating from other sources ending up on Respondent~s

property. We find this contention singularly unpersuasive. Paint

cans, antennas and a coke cooler are acknowledged to have been dumped

on the property.

We believe the Agency has established its burden of proof, which

has not been rebutted by Respondent’s testimony or legalistic inter-

pretations as to the characteristics of the refuse. Respondent has

operated a promiscixus dump without a permit, has violated the

provisions with respect to both open dumping and garbage and has

failed to take the necessary procedural steps with respect to compact-

ing and cover.

In view of the relatively small size of the operation and the

apparent absence of significant environmental damage, we will impose

a small penalty in the amount of $250.00. We will direct the Respon-

dent to cease and desist the violation of all relevant regulations and

statutory provisions with respect to the operation of a dumping site

within 30 days from the date of this Order. To the extent dumping

is resulting from the actions of others without Respondent’s consent,

Respondent must take affirmative steps to prevent such recurrence.

This opinion constitutes the findings of fact and conclusions of

law of the Board.

IT IS THE ORDER of the Pollution Control Board:

1. Penalty in the amount of $250.00 is assessed against

Orval L. Gearhart, Jr. for operation of a refuse disposal

site without a permit, in violation of Section 21(e) of

the Environmental Protection Act, for the causing or

allowing of the open dumping of garbage, in violation

of Section 21(a) of the Act and Rule 3.04 of the Rules and

Regulations for Refuse Disposal Sites and Facilities,for

the causing or allowing of the open dumping of refuse

in violation of Section 21(b) of the Act and Rule 3.04,

for the failure to provide sufficient equipment in the

operation of a landfill in violation of Rule 4.01 and Rule

5.05, for the failure to properly spread and compact in

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8—216

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violation of Rule 5.06, and for failure to apply daily

cover in violation of Rule 5.07(a). The violations

are found to be continuing violations commencing on or

about July 1, 1970 and having occurred specifically on

December 16, 1971, April 17, 1972, April 18, 1972 and

August 3, 1972. Penalty shall be made by certified

check or money order payable to the State of Illinois

and made to: Fiscal Services Division, Illinois

Environmental Protection Agency, 2200 Churchill Drive,

Springfield, Illinois 62706, within 30 days from the

date of this Order.

2. Orval L. Gearhart, Jr. is ordered to cease and desist

all violations of the relevant Regulations and

statutory provisions with respect to the operation of

a refuse disposal site and facility.

I, Christan Moffett, Clerk of the Illinois Pollution Control Boftrd,

certify that the above Opinion and Order was adopted on the

7~’?

day of June, 1973, by a vote of

j

to p

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