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
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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.
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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
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to
t~
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