ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    January
    16,
    1973
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    PCB
    72—312
    HOWARD
    JAMES
    OPINION
    AND ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Dumelle)
    This
    is
    an
    enforcement
    case
    alleging
    that
    the respondent
    in the
    operation
    of
    a 60-acre
    landfill
    near
    Raleigh,
    Illinois
    (Saline
    County)
    has
    violated
    numerous
    sections
    of
    the
    Environmental
    Protection
    Act and the
    Rules
    and
    Regulations
    for Refuse
    Disposal
    Sites
    and Facilities
    on certain
    specified
    dates,
    Hearing
    was
    held
    on
    November
    11,
    1972
    at which
    time
    the respondent
    did
    not
    appear
    nor
    did
    anyone
    appear
    in his
    behalf.
    On
    October
    18,
    1972
    1972,
    the
    respondent
    was
    notified
    of
    the time
    and
    place
    of
    the hearing
    by
    letter
    from
    the
    hearing
    officer,
    On
    November
    9,
    the respondent
    was
    notified
    by letter
    that~the
    location
    of the
    hearing
    was
    changed from
    the
    original
    location
    to
    a
    new
    one located
    only
    a half block
    from
    the first,
    On the
    morning
    of
    the hearing
    the. hearing
    officer
    posted
    a notice
    on
    each
    door
    of
    the original
    location
    stating
    the
    new location.
    It was
    alleged
    that
    the
    site
    was
    being
    operated
    without
    an
    Agency
    permit.
    At
    the
    hearing
    this
    charge
    was
    dropped
    because
    there
    had
    in
    fact
    been
    a permit
    since
    November,
    1969,
    It
    was
    alleged
    that
    the
    respondent
    caused
    or
    allowed
    open
    dumping
    of
    garbage
    and refuse
    in
    violation
    of
    Section
    21
    of
    the
    Act
    and Rule
    3. 04
    of
    the
    Rules.
    The
    inspectors
    testified
    that
    they observed
    items
    at the
    site
    such
    as
    metals,
    wire,
    tires,
    desks,
    refrigerators,
    stoves,
    bicycles,
    hot
    water
    tanks, paper,
    bottles,
    cans,
    etc.
    One
    inspector
    testified
    that
    he observed
    dumping
    on
    October
    21,
    1970
    and January
    7,
    1971,
    Another
    inspector
    said
    he
    observed
    that
    dumping
    had
    taken place
    on
    November
    3,
    1971,
    There
    were
    numerous
    other
    dates
    alleged
    for
    open
    dumping
    however
    they were
    not
    proved
    adequately.
    Open
    dumping
    can
    be proved
    either
    by
    actually
    observing
    the
    dumping
    taking
    place
    or
    by proving
    that
    there
    was
    new
    material
    added
    to
    the
    site from
    one
    date
    to
    another,
    Reference
    is
    made
    to Sections
    3(h)
    and
    3(L) of
    the
    Act
    which
    define
    ‘open
    dumping’
    and
    ‘sanitary
    landfill”.
    The

    -2-
    essential
    elements
    of
    open
    dumping
    are
    contained
    therein.
    We find
    open
    dumping
    violations
    on
    October
    21,
    1970,
    January
    7,
    1971
    and November
    3,
    1971.
    It
    was
    alleged
    that
    the respondent
    caused
    or
    allowed
    open
    burning
    in violation
    of
    Section
    9(c)
    of the
    Act
    and Rule
    3. 05.
    The
    inspector
    testified
    that
    he
    saw
    burned
    materials
    on
    August
    13,
    1971
    and October
    20.
    1971
    ani
    that
    he
    saw
    acthal
    burning
    of
    logs
    and garbage
    on
    November
    3,
    1971
    and
    November
    4,
    1971.
    We
    find that
    the violations
    did
    occur
    on
    those
    four
    dates.
    It
    was
    alleged
    that
    the
    respondent
    failed
    to
    provide
    sufficient
    equipment
    in violation
    of Rule
    5. 05.
    The
    inspector
    testified
    that
    there
    was
    no
    operable
    equipment
    at the
    site
    on
    August
    13,
    1971,
    October
    20,
    1971,
    November
    3,
    1971
    and
    November
    4,
    1971.
    We
    find that
    the violations
    did
    occur
    on
    those
    four
    dates.
    It was
    alleged
    that the
    respondent
    failed
    to
    properly
    spread
    and
    compact
    refuse
    in violation
    of Rule
    5.
    06.
    The
    inspectors
    testified
    that
    there
    was
    no
    spreading
    or
    compacting
    of
    any
    refuse
    on
    October
    21,
    1970,
    January
    7,
    April
    12,
    August
    13,
    September
    23,
    October
    20,
    November
    3,
    and November
    4,
    1971,
    January
    17,
    January
    18,
    January
    31,
    February
    1,
    May
    9 and
    May
    10,
    1972.
    There
    was
    testimony
    that
    the
    materials
    were
    just
    stockpiled
    and lying
    over
    most
    of
    the
    site.
    We
    find that
    the
    violations
    did
    occur
    on
    those
    dates.
    It
    was
    alleged
    that
    the
    respondent
    failed
    to
    provide
    daily
    cover
    in violation
    of Rule
    5.
    07
    (a).
    The
    inspectors
    testified
    that
    there
    was
    no
    cover
    whatsoever
    provided
    on
    October
    21,
    1970,
    January
    7,
    April
    12,
    October
    20,
    November
    3
    and
    November
    4,
    1971,
    January
    17,
    January
    18,
    January
    31,
    and
    May
    9,
    1972.
    We find that
    the
    violations
    did
    occur
    on
    those
    dates.
    There
    were
    three
    additional
    dates
    alleged
    for
    cover
    violations
    which
    were
    not
    adequately
    proved.
    It was
    finally
    alleged
    that the
    respondent
    failed
    to properly
    conduct
    salvage
    operations
    at the
    site
    in violation
    of Rule
    5. 10.
    The
    rule
    provides
    that
    if salvage
    operations
    are
    carried
    out
    they must
    be
    conducted
    in a sanitary
    manner,
    they
    must
    be
    confined
    to
    an area
    remote
    fromthe
    operating
    face
    of
    the fill,
    they
    shall
    not
    interfere
    with
    or
    delay the
    fill
    operation,
    and
    all
    salvaged
    materials
    must
    be
    moreced
    from
    the
    site
    daily
    or
    properly
    stored
    such that
    they
    will
    not
    create
    a
    nuisance,
    rat
    harborage
    or
    unsightly
    appearance.
    The
    inspectors
    testified
    that
    salvage
    operations
    were
    being
    carried
    out
    at the
    site
    including
    materials
    such
    as
    metals,
    desks,
    bicycles,~ stoves,
    lumber
    and hot
    water
    tanks.
    They further
    6
    532

    —3—
    testified
    that
    these
    materials
    were
    being
    stockpiled
    over
    wide areas
    at
    random,
    in an unsanitary
    manner,
    not
    remote
    from
    the fill face
    and
    with
    an unsightly
    appearance.
    The
    dates
    involved were
    October
    21,
    1970,
    January
    7,
    April
    12,
    July
    21,
    August
    13,
    September
    23,
    October
    20,
    November
    3,
    and November
    4,
    1971,
    January
    17,
    January
    18,
    January
    31,
    February
    1,
    May
    9,
    and
    May
    10,
    1972.
    We
    find that
    the violations
    did
    occur
    on those
    dates.
    Considering
    all
    the
    facts
    we
    will
    assess
    a
    penalty
    of
    $1000.
    We
    expect,
    however,
    that
    all
    violations
    at the
    site
    be
    corrected
    immediately.
    This
    opinion
    constitutes
    the
    Board~s findings
    of fact
    and
    conclusions
    of
    law.
    ORDER
    1.
    Respondent
    shall
    cease
    and desist.
    from
    all
    violations
    found
    in this
    opinion.
    2.
    Respondent
    shall
    pay to the
    State
    of Illinois
    the
    sum
    of
    $1000 as
    a penalty
    for
    the violations
    found
    in this
    proceeding
    by
    January
    31,
    1973.
    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
    L.
    Moffett,
    Clerk
    of the
    Illinois
    Pollution
    Contro,~Board,
    hereby
    certify
    the
    above
    Opinion
    and Order
    was
    adopted
    on the /t~
    ~‘day
    of
    January
    197 3 by
    a vote
    of
    3—ô
    ~
    Illinois
    Pollution
    Control
    Board
    6
    533

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