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
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 533