ILLINOIS POLLUTION CONTROL BOARD
    May 3,
    1973
    ENVIRONMENTAL PROTECTION AGENCY
    #72-496
    v.
    CITY OF ASHLEY
    PETER M.
    DOMINGUEZ,
    ASST. ATTORNEY GENERAL, ON
    BEHALF
    OF
    ENVIRONMENTAL PROTECTION AGENCY
    LLOYD A. KARMEIER OF HOHLT, HOUSE, DEMOSS
    & JOHNSON, ON BEHALF
    OF RESPONDENT
    OPINION AND ORDER OF ThE BOARD
    (BY SAMUEL T.
    L1~WTON, JR.):
    Complaint was filed against Respondent, City of Ashley, alleging
    that the City,
    in the operation of its refuse disposal site, caused
    or allowed the open dumping of garbage,
    in violation of Section 21(a)
    of the Environmental Protection Act on October
    17,
    1972; caused or
    allowed the open dumping of refuse in violation of Section 21(b)
    of
    the Act and Rule 3.04 of the Rules and Regulations for Refuse Disposal
    Sites and Facilities on 21 specified dates in 1970,
    1971 and 1972;
    caused or allowed open burning of refuse in violation of Section 9(c)
    of the Act and Rule 3.05 and Rule 5.12 of the Rules on
    7 specified
    dates in 1971 and between June 27, 1972 and October 17,
    1972; failed
    to
    comply with Rule 4.03 with respect to posting on 11 specified dates
    in 1971 and 1972;
    failed to comply with Rule 5.04 with respect to
    blowing of litter on April
    28,
    1971; violated Rule 5.05 with respect
    to availability of equipment to operate a landfill site on 24 specified
    dates in 1970,
    1971 and 1972; violated Rule 5.06 with respect to spread-
    ing and compacting of refuse on
    24 specified dates in 1970,
    1971 and
    1972; violated Rule 5.07(a) with respect to providing daily cover on
    25 specified dates in 1970,
    1971 and 1972; violated Rule
    5.09 with
    respect to vector control
    in 1970,
    1971 and 1972; and violated Rule
    5.12(c) with respect to the deposition of refuse in standing water on
    December
    6,
    1971 and September 14, 1972.
    The complaint also alleges that since July 1,
    1970, Respondent
    has violated Section 21(e)
    of
    the Act,
    prohibiting the conduct of
    refuse disposal operations without an Agency permit.
    Complaint seeks
    the entry of a cease and desist order,
    the requirement of obtaining a
    permit or the closing of
    the facility if the permit is not issued,
    and fines in the maximum statutory amount.
    Stipulation was entered into between the parties
    in which all of
    the allegations are admitted except those relating to violations
    of
    7
    673

    Rule 4.03 with respect to the posting of
    the site and Section 9(c)
    of the Act and Rules 3.05 and 5.12 with’ respect to open burning of
    refuse.
    The stipulation also recites that the facility owned and
    operated by the City occupies approximately 11 acres one mile south
    of
    the City and that the adjacent area is used primarily for farming.
    No equipment was located on the premises on a permanent basis.
    A
    tractor was used approximately four times a year
    to cover and dig
    trenches.
    At all times mentioned in the complaint,
    the City accepted
    on a weekly basis, approximately one ton of demolition, putrescible
    and combustible refuse which material occupied between one and two
    acres.
    A trench approximately 100 feet long,
    10 feet wide and
    6 feet
    deep was used for the deposit.
    Residents of the surrounding area
    deposited refuse in the trench which was not covered until completely
    filled, at which time a new trench would be dug and the dirt from it
    used
    to cover
    the old trench.
    Refuse frequently remained uncovered
    for periods of from six to eight weeks.
    Photographs taken by complainant,
    identified as EPA Group Exhibit 10, depict the condition of
    the site.
    These pictures were taken on May 27,
    1971, August 16, 1971 and Jan-
    uary 27,
    1972, reflecting the unsightly accumulation of trash,
    cans,
    metal parts, barrels, metal stripping, boxes,
    paper, waste lumber,
    sacks and demolition material.
    The stipulation agrees to the entry of a cease and desist order
    fromany
    further
    violation
    of
    the
    Environmental
    Protection
    Act.
    A
    hearing
    was
    held
    in
    the
    matter
    on
    January
    30,
    1973,
    at
    which
    time
    the stipulation was tendered and other evidence taken and exhibits
    submitted,
    which would also appear
    to support the allegations of open
    burning, particularly on August 16,
    1971 and August 19,
    1971
    (EPA
    Group Exhibit No. 8).
    The evidence indicates
    that the dump was closed
    on January 27,
    1973,
    although the record is not clear as
    to whether
    the necessary steps have been taken to bring
    the facility into compliance
    with the relevant regulations. Accordingly,
    it will be our order that
    the Respondent take all necessary steps
    to bring the landfill site
    subject to this proceeding,
    into compliance with the relevant Regula-
    tions and to cease and desist any further violations of the applicable
    Rules and statutory provisions with respect to refuse disposal sites
    and facilities.
    A penalty in the amount of $500
    is imposed for the
    aforesaid violations.
    This opinion constitutes the findings of fact and conclusions of
    law of the Board.
    IT IS THE ORDER of
    the Pollution Control Board:
    1.
    Within 30 days from the date hereof, Respondent, City
    of Ashley,
    shall take all necessary steps
    to bring
    its operation into compliance with the Rules and Regula-
    tions regarding the operation of Refuse Disposal
    Sites and Facilities, and specifically,
    to cover and
    compact the exposed areas in accordance with the
    provision of
    said Regulations.
    —2—
    7
    -~
    674

    2.
    Respondent shall cease and desist all violations of
    the relevant Regulations and statutory provisions
    with respect
    to the operation of Refuse Dispoal
    Sites and Facilities.
    3.
    Penalty in the amount of $500.00
    is assessed against
    the
    City
    of
    Ashley
    for
    violations
    of
    Sections
    9(c)
    and
    21(a),
    (b)
    and
    (e)
    of
    the
    Environmental
    Protection
    Act
    and
    Rules 3.04,
    3.05,
    5.04,
    5.05,
    5.06,
    5.07(a),
    5.09
    and
    5.12
    as found herein.
    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
    Drive, Springfield, Illinois 62706.
    I, Christan Moffett, Clerk of the Pollution Control Bo~1jd,certify
    that the above Opinion and Order was adopted on the
    3Ir
    day of May,
    1973,
    by a vote of
    _____
    to
    t~
    —3—
    7
    675

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