ILLINOIS POLLUTION CONTROL BOARD
    March 15, 1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 72-498
    R. H. BOUDET, Respondent.
    Dale Turner, Assistant Attorney General for the EPA
    R. H. Boudet, Pro Se
    OPINION AND ORDER OF THE BOARD (by Mr. Henss)
    Respondent is prosecuted for the open dumping of refuse
    along a township road near the Jackson County Landfill on
    Saturday afternoon March 18, 1972. The area where the dumping
    occurred was at one time used by the public for promiscuous
    dumping to such an extent that piles of trash littered the road-
    side for about 1/2 mile. The promiscuous dump site was under
    surveillance by an EPA investigator and the environmental
    officer of Consolidated Coal Company, owner of nearby land, at
    the time Respondent appeared on the scene. Respondent first
    drove his pickup truck to the County Landfill but discovered
    that the gate was closed and locked. He then drove about 200
    yards to an area where a quantity of trash littered the roadside
    and proceeded to shovel some of the refuse from his pickup truck.
    The refuse consisted of cans, bottles, a furnace filter and a
    plastic garbage can. Respondent shoveled about 1/4 of his load
    onto the roadside area before he was interrupted by the EPA
    investigator.
    Mr. Boudet asked if he should pick up the refuse which he
    had abandoned but then left without doing so. He states that
    the EPA investigator told him it would make no difference if
    he picked it up. Both prosecution witnesses testified that
    Respondent was advised to pick up the refuse. Respondent
    testified that he did, in fact, go back to the area and collect
    his refuse, or as much of it as he could identify, after being
    contacted by the County Health Department regarding the matter.
    Photographs taken by the prosecution witnesses show Respondent
    standing in the rear of his pickup truck, shovel in hand, surrounded
    by refuse in the truck and on the ground.
    7—
    311
    —2—
    Respondent testified that after he discovered the County
    Landfill was locked, he observed this area, thought it was a
    dump and decided to use it for that purpose.
    Mrs. Boudet in her testimony, observed that Respondent “just
    got caught doing something thousands of people are doing”, (R. 47)
    and that Respondent had been trapped into the situation when he
    discovered the County Landfill was closed.
    The evidence clearly proves Respondent guilty of the open
    dumping of refuse at an unapproved site. It is obvious from the
    testimony that other people were also guilty of the same conduct.
    However, violations are not excused by reason of the fact that
    others also are violating the law. For a single violation of
    this type we believe a monetary penalty in the amount of q~o.oo
    is appropriate. Evidence of repeated violations would justify
    a higher penalty.
    ORDER
    It is ordered that:
    1. Respondent cease and desist from the violations
    found in this Opinion.
    2. Respondent shall pay to the State of Illinois by
    April 20, 1973 the sum of $50
    a penalty for
    the violation found in this proceeding. Penalty
    payment by certified check or money order payable
    to the State of Illinois shall be made to: Fiscal
    Services Division, Illinois EPA, 2200 Churchill
    Drive, Springfield, Illinois 62706.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, ereby certify the above Opinion and Order was adopted
    this
    /
    ~
    day of March, 1973 by a vote of
    ~/
    to
    0
    7-- 312
    ILLINOIS POLLUTION CONTROL BOARD
    March 15, 1973
    LAKE
    WILDWOOD LANDOWNERS’ ASSOC.
    #72—503
    vs.
    ENVIRONMENTAL PROTECTION AGENCY
    ORDER OF
    THE
    BOARD (BY SAMUEL T. LAWTON, JR.):
    On oral representation to the Clerk of the Board, that petitioner
    desires the withdrawal of the petition for variance filed herein,
    said petition is accordingly withdrawn. The Board requests a
    written
    verification of this request from petitioner.
    IT IS SO ORDERED.
    I, Christan Moffett, Clerk of
    the
    Illinois Pollution Control Board,
    certify that the above Order was adopted on the
    /
    ‘~‘day of March,
    1973, by a vote of ~ to
    -
    7
    —
    313

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