ILLINOIS POLLUTION CONTROL BOARD
    April 4, 1972
    ENVIRONMENTAL PROTECTION AGENCY
    V.
    )
    PCB 72-44
    GEORGE KNIGHT
    ENVIRONMENTAL PROTECTION AGENCY
    v.
    )
    PCB 72—45
    JAMES (Rusty) KRUSE
    For PCB 72-44:
    Wayne Golomb, Attorney for the Environmental Protection Agency
    B. G. Heckenkamp, Attorney for George Knight
    For PCB 72—45:
    Thomas
    3.
    Immel, Attorney for the Environmental Protection Agency
    Eldon Fuchs, Attorney for James (Rusty) Kruse
    Opinion and Order of the Board (by Mr. Aldrich):
    The above-entitled causes are similar enforcement actions in which
    the Environmental Protection Agency (“Agency”) alleges violations
    of air pollution regulations by the conduct of open burning. In
    both cases the parties stipulated to certain material facts to
    obviate the necessity of a public hearing before a representative
    of the Board. In neither case did any member of the public express
    an interest in attending such a hearing. We find that no public
    hearing is necessary and that we are able to rule on the basis of
    the facts stipulated to in each case.
    Respondent Knight owns and operates an amusement park in Springfield,
    Illinois. In its amended complaint, the Agency alleges that on or
    about October 18, 1971, Mr. Knight caused or allowed open burning
    of refuse in violation of Sections 9(a) and 9(c) of the Environmental
    Protection Act (“Act”) and of Rule 402 of Chapter 3, Part IV of
    the Illinois Pollution Control Board Rules and Regulations. An
    Agency inspector observed open burning on Respondent’s premises
    on October 8, 1971. A number of photographs depict the burning
    that accured on that date (Ex. 2). Large quantities of heavy black
    smoke were produced. Respondent stipulates that he did conduct open
    4~-~15g
    burning of refuse on October 8, 1971, but that no subsequent open
    burning had occurred. His sole defense was ignorance of the law
    (EX. 3). Mr. Knight agrees to cease and desist from further
    violations of the law with respect to open burning. We shall so
    order and for the aforementioned violation we shall assess a
    penalty of $250.00.
    Respondent Kruse owns and operates an automobile salvage yard
    located near Litchfield, Illinois. The Agency alleges that on
    several occasions subsequent to July 1, 1970, and prior to
    September 3, 1971, Mr. Kruse open burned automobiles and other
    debris in violation of Section 9(a) and 9(c) of the Act and
    of Rule 2-1.1 and Rule 2—1.2 of the Rules and Regulations
    Governing the Control of Air Pollution. Respondent is also alleged
    to have open burned automobiles on several occasions subsequent to
    September 2, 1971, in violation of Section 9(a) and 9(c) of the
    Act and of Rule 402(a) of Chapter 3, Part IV of the Illinois
    Pollution Control Board Rules and Regulations. An attorney for
    the Agency observed the burning of four automobiles on Respondent’s
    salvage yard on September 9, 1971. Mr. Kruse stipulates that he
    did open burn automobile bodies on this date and stipulates further
    that on four other dates (September 2, 3, 7 and 8, 1971) he
    open burned trash and other debris. No open burning has occurred
    at the site since September 10, 1971. The parties to the case
    propose that we enter an order requiring Respondent to cease
    and desist from further violations and to pay a penalty of $1000.00
    for past violations. We think this is a just and equitable proposal.
    A substantial money penalty is appropriate in view of the fact that
    Mr. Kruse not only open burned trash on several occasions but
    also conducted a salvage operation by open burning, an act specifically
    prohibited by Section 9(c) of the Act. We shall enter an order in
    accordance with that proposed by the parties to the case.
    ORDER
    PCB 72-44, George Knight
    1. George Knight shall cease and desist from violation of
    Section 9(a) and 9(c) of the Environmental Protection Act
    and of Rule 402 of Chapter 3, Part IV of the Illinois
    Pollution Control Board Rules and Regulations.
    2. George Knight shall, within 35 days from the entry of this
    order, pay to the State of Illinois the sum, in penalty,
    of $250.00. Such payment shall be made in cash certified
    check, or money order to the Fiscal Services Division,
    Environmental Protection Agency, 2200 Churchill Road,
    Sprinjfield, Illinois 62706.
    4
    —
    160
    PCB 71-45, James (Rusty) Kruse
    1. James (Rusty) Kruse shall cease and desist from violation
    of Section 9(a) and 9(c) of the Environmental Protection
    Act and of Rule 402(a) of Chapter 3, Part IV of the Illinois
    Pollution Control Board Rules and Regulations.
    2. James (Rusty) Kruse shall, within 35 days from the entry of
    this order, pay to the State of Illinois the sum, in penalty,
    of $1000.00. Such payment shall be made in cash, certified
    check, or money order to the Fiscal Services Division,
    Environmental Protection Agency, 2200 Churchill Road,
    Springfield, Illinois 62706.
    I, Christan L. Moffett, Clerk of the Pollution Control Boa) certify
    tha the Board adopted the ab ye Opinion and Order this
    ~_day of
    _______
    1972, by a vote of
    to
    ~.
    4— 161

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