ILLINOIS POLLUTION CONTROL
    BOARD
    August 8, 1972
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    )
    )
    PCB 72-191
    )
    EVERETT J. LaVOIE, individually, and
    )
    d/b/a LAVOIE SANITARY SERVICE,
    )
    )
    Respondent.
    )
    Larry R. Eaton, Assistant Attorney General for the EPA
    Everett J. LaVoie, pro se
    OPINION AND ORDER OF THE BOARD (by Mr. Henss)
    Respondent, Everett LaVoie, operates a small garbage disposal
    service in Iroquois County, Illinois~ On October 21, 1967, he filed
    an application with the Illinois Department of Public Health for
    permission to operate a landfill near Crescent City. The permit was
    apparently never issued because of local zoning problems. Neverthe-
    less, Respondent did operate the landfill from October, 1967 to
    March, 1972.
    Investigators of the Environmental Protection Agency visited
    the landfill site on ten occasions from September 28, 1971 to February
    23, 1972. Following this investigation, Respondent was charged with
    numerous violations of the Environmental Protection Act, and the Rules
    and Regulations for Refuse Disposal Sites and Facilities, and the
    matter proceeded to hearing on June 29, 1972.
    There is no dispute on the essential facts of the case. Init-
    ially, Respondent had used a trench system for disposing of waste,
    but upon discovering a high water table, began using an area fill
    system. Cover was applied from time to time but not on every day the
    site was used for dumping. On some days there was no spreading and
    compacting of refuse, and piles of garbage and refuse accumulated on
    the site. On other days Respondent did spread and compact the refuse.
    Failure to cover apparently resulted in a large number of flies ob-
    served by an EPA investigator. On one date a smoldering fire was
    observed. Respondent states that this fire was from a “hot load” of
    waste which he had to dump from his truck.
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    121
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    The evidence is clear that on a number of occasions Respondent
    permitted open dumping of garbage and refuse, failed to spread and
    compact refuse, and failed to provide daily or final cover, all in
    violation of the law,
    Respondent closed the landfill in March, 1972, and plans to
    cover, landscape and sell the land, He now uses another landfill
    site and will buy a third truck so that he can make the longer haul.
    Considering the intermittent nature and the relatively small
    scale of the violations, and Respondent’s apparent desire to come
    into compliance with the provisions of the Environmental Protection
    Act, we believe a penalty of $250.00 is sufficient
    in
    this case.
    We also will require Respondent to complete the final cover within
    fifteen days, landscape the area in question, and cease and desist
    from the violations.
    OR DER
    It is hereby ordered:
    (1) That Respondent, Everett J. LaVoie, individually, and
    d/b/a LaVoie Sanitary Service, cease and desist the aforesaid viola-
    tions.
    (2) That Respondent, Everett J. LaVoie, individually, and
    d/b/a LaVoie Sanitary Service, pay to the State of Illinois (Environ-
    mental Protection Agency Fiscal Services Division) a penalty of $250~00.
    (3) That Respondent complete the closing of the complained of
    site by applying final cover and doing any necessary landscaping within
    15 days.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board,1hereby certify that the above Opinion and Order was adopted on
    the_,~‘“dayof August, 1972 by a vote of
    ~ ~
    ristani.
    ~
    Moff~~
    /
    1 )~j.
    Clerk‘f’,
    Illinois Polluti n Control Board
    5 122

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