ILLIN~I5POlLUTION
    CONTROL
    BOARD
    August
    1,
    1972
    ENYIROISMEflAL
    PROTECTION
    AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    P~B
    72—57
    )
    CITY
    OP
    CAIRO,
    a Municipality,
    )
    CAIRO
    DRAINAGE
    DISTRICT
    and
    )
    DON
    JONES,
    )
    Respondents
    )
    Delbert
    Haschemeyer,
    Assistant
    Attorney
    General
    for
    the
    EPA
    George
    J.
    Kiriakos,
    for
    the
    City
    of
    Cairo
    OPINION
    AND
    CRDRR
    OP THE
    BOARD
    (by
    Mr.
    Henss)
    The
    Environmental
    Protection
    Agency
    filed
    its
    complaint
    against
    the
    City
    of
    Cairo,
    the
    Cairo
    Ik’ainage
    District
    and
    Don
    Jones,
    alleging
    that
    they
    had
    committed
    numerous violations
    of
    the
    Environ-
    mental
    Protection
    Act
    and
    the
    Rules
    and Regulations
    for
    refuse
    disposal
    sites and facilities.
    The violations were alleged to have
    occurred
    at
    a
    landfill
    located
    by
    the
    Mississippi
    River
    levee
    immedi-
    ately
    west of the city.
    On the date of the hearing, the Environmental Protection Agency
    asked
    leave
    to
    dismiss
    Respondents
    Cairo
    frainage
    District
    and
    Don
    Jones,
    and
    file
    an
    amended
    complaint,
    alleging
    that
    the
    violations
    were
    committed
    by
    the
    City
    of
    Cairo.
    The
    stipulated
    facts
    do
    not
    show
    violations
    by
    Cairo
    ~ainage
    District
    and
    Don
    Jones.
    Complainant ‘s
    Motion for
    Leave
    to
    File
    an
    Amended
    Complaint
    is
    allowed
    and
    Respondents
    Cairo
    Damage
    District
    and
    Don
    Jones
    are
    dismissed
    from
    the
    case.
    The
    stipulated
    facts
    show
    that
    the
    City
    of
    Cairo
    operated
    a land-
    fill
    on
    both
    sides
    of
    the
    Mississippi
    River
    levee
    near
    the
    city
    limits.
    The
    dump
    on the
    river
    side
    of
    the
    levee
    was
    subject
    to
    flooding,
    and
    contaminants
    were
    deposited
    on
    thfrs
    side
    of
    the
    levee
    so
    as
    to
    pollute
    the
    water
    Some
    refuse
    was
    deposited
    in
    standing
    waters.
    The
    violations
    on
    both
    sides
    of
    the
    levee
    also
    included:
    open
    dumping
    and
    burning
    of
    refuse,
    open
    dumping
    of
    garbage,
    failure
    to
    spread
    and
    com-
    pact
    refuse,
    failure
    to
    cover
    refuse
    and
    garbage,
    failure
    to
    confine
    dumping
    to
    the
    smallest
    practical
    area,
    failure
    to
    provide
    fencing,
    on-site
    shelter
    and
    adequate
    roads,
    failure
    to
    supervise
    or
    limit
    access
    to
    the
    dunning
    site, and failure to prevent scavenging.
    The
    landfill was opetkted by the City of Cairo without a permit or registra—
    tion.
    5—73

    -2
    In March,
    1971 the dump was described as the worst in the
    region, and in August of 1971 smoke from the burning of refuse
    could
    be
    seen for several miles.
    Photographs and inspection
    reports reveal that the respondent made no progress toward com-
    pliance with the law during 1970 and 1971 and that the violations
    during this time were flagrant,
    In May,
    1971
    a newly elected City Council took office.
    The
    current Mayor of Cairo,
    James Walder,
    took office November
    19,
    1971
    and since that date the city administration has cooperated with the
    Environmental Protection Agency in solving the landfill problem.
    Under the new administration~the city has closed and prevented
    further
    dumping at the landfill site, has cleaned
    up
    and leveled
    the landfill in accordance with regulations,
    has applied final cover
    to part
    of
    the
    river
    side
    landfill
    and
    plans
    to
    complete
    the
    app1ica~
    tion of
    final cover to both the river side and inside areas as soon
    as weather permits.
    Photographs taken in January and February,
    1972
    show improvement in the appearance
    of the landfill.
    Photographs
    taken in April, 1972 show clean expanses of grass and cover where
    previously had existed smoking piles of rubbish and garbage.
    In addition,
    the City of Cairo has now obtained a permit,
    has
    established an approved landfill at a new location, and has contracted
    for the collection of garbage and refuse and its disposal at the new
    landfill,
    in compliance with the law,
    The budget for refuse collection
    has increased from $16,000 per year to $107,500 per year,
    The EPA and City of Cairo have entered
    into a settlement agreement
    which would require the city to cease and desist violations, pay a
    nominal penalty of $100.00,
    apply final cover to the landfill as soon
    as weather permits and submit monthly reports detailing
    its progress
    in the application of final cover,
    We approve the settlement.
    We have noted that violations
    in 1970 and 1971 were flagrant,
    but
    the new city administration has been vigorous
    in eliminating those
    violations.
    The imposition of penalties against
    a municipality
    is a
    sometimes vexing problem in that the financial burden falls,
    not upon
    the responsible city officials,
    but upon members of the community who,
    in many cases, were among the victims of the pollution.
    Here the
    community has taken the steps necessary to install an administration
    which would assist
    in cleaning up the environment, and excellent pro-
    gress has,
    in fact,
    been made.
    The budget for refuse collection has
    increased substantially.
    The purpose of the Environmental Protection
    Act would not be served by setting aside
    a mutually agreed settlement
    and requiring a larger penalty
    in this case.
    See: EPA
    v.
    City of
    East St. Louis, 71—26; City of Springfield
    v.
    EPA,
    70—55,
    5— 74

    ‘-3-
    OR
    DER
    It
    is hereby ordered:
    (1)
    That Respondent, City of Cairo, cease and desist the
    aforesaid violations,
    (2)
    That Respondent, City of Cairo, pay to the State of
    Illinois (Environmental Protection Agency Fiscal Services Division)
    a penalty of $100.00.
    (3)
    That Respondent complete the closing of the complained of
    site by applying final cover
    in accordance with all applicable Rules
    and Regulations as soon as weather permits.
    (4)
    That Respondent submit written reports
    on a monthly basis,
    detailing the progress in applying final cover,
    or lack of progress,
    and the reasons therefor,
    until such time as final cover has been
    applied.
    I, Christan L. Moffett,
    Clerk
    of the
    Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was adopted on
    the /4~ day of August,
    1972 by a vote of
    J~
    0
    Illinois Pollution
    5
    75

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