ILLINOIS POLLUTION CONTROL BOARD

July

31, 1973

)

ENVIRONMENTAL PROTECTION AGENCY

)

)

)

v.

)

PCB 73-108

)

)

ROBERT ACKER, d/b/a

)

ACKER IMPLEMENT

)

)

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle)

Complaint was filed March 9,

1973 alleging a single instance

of open burning of refuse (including

trees, wood skids, bedsprings,

wire

and

metal

cans) on November 15, 1971

in Mount Carroll,

Carroll

County,

in violation of Section 9(c)

of the Act.

Six color photos were placed in evidence by the Agency and

show a moderate size fire with a dense black plume of smoke

coming

from it.

Hearing was held on July 13, 1973

in Mount Carroll.

A stipula-

tion was presented admitting the incident and claiming ignorance

of

the Act.

The respondent states that he has arranged for alternate

disposal

of refuse generated by the operation of his farm implement

store and offers $500 in settlement of the violation.

No members of the public appeared at

the hearing

to comment upon

the incident.

We accept the stipulation and

issue

a

cease and desist order.

ORDER

1.

Respondent shall cease

and desist from violations

of Section 9(c)

of the Environmental Protection Act.

2.

Respondent shall be penalized $500.

Payment

shall be made by

certified check

or money order payable to the State of Illinois,

and shall he

sent

to Fiscal Services Division, Illinois Environ-

mental Protection Agency,

2200 Churchill Drive, Springfield,

Illinois

62706.

IT

IS SO ORDERED.

8

—

675

---

-2-

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

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

~,3/~’

day of July,

1973 by a vote of ________________________________

‘~2

~II~iL

Christan L. Moffett, Cl?

Illinois Pollution Con~~lBoard