ILLINOIS POLLUTION CONTROL
    BOARD
    Nay 10, 1972
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    v.
    )
    PCB 72—46
    )
    )
    WILLIAM EARL YOUNG
    )
    (~pinionof the Board (By Mr. Aldrich)
    Mauricic Dominguez for the Environmental Protection Agency
    Douglas A. Ingold for William Earl Young
    The Environmental Protection Agency filed a complaint against
    William EarL Young
    alleging violations of the Rules and Regulations
    for
    Refuse
    Disposal Sites
    and Facilit:Lus tud of
    t1i~
    En~ir.onr.ionta1
    Protection AoL. The
    Agency
    aleged the
    foliowincx
    specific violations:
    1)
    Failure to
    req~sterhis landfill with the Cepnrtnant of Public
    Health (Rule 1.01 or the Rules); 2) Operating without a poriuit
    (Sec. 21 of the Act); and on
    19 dates from March 25, 1971 to
    January 14, 1972, 3) Open
    dumping of refuse (Rule 5.05);
    4) Failure
    to provide proper equipment (Rule 5.05); 5) Failure to properly
    spread and compact (Rule 5.06); and 6) Failure to provide proper
    cover (Rule 5.07)a)).
    A public hearing was held on April 3, 1972. The parties stipulated
    as to allegations 1, 2, 3, 5, and 6. Allegation number 4 was not
    mentioned in the hearing record.
    Mr. Young owns land near Carbondale, Illinois. He testified that there
    were many abandoned mines in the area which constituted a safety
    hazard to children. Mines on other properties have been filled in
    previous years. Mr. Young indicated that it was not his intention to
    operate an open dump. It is not available for public dumping. Two
    contractors were disposing of refuse from the demolition of homes and
    removals of walks and driveways. The Agency confirmed that no
    organic refuse was detected. Respondent maintained that he felt the
    filling of abandoned mine shafts with demolition refuse was a dual
    service to the community-—removing a safety hazard and providing a
    needed place to dispose of refuse. The Jackson County Public Health
    Administrator confirmed the need for such a dumping site, The record
    i~ve~ybrief but the need for continued dumping in compliance with
    applicable rules after a permit is obtained is uncontested.
    4—489
    Respondent is a disabled veteran with no regular employment. His
    income is from a disability pension plus a small amount from the
    deposition of waste materials on his property which according to the
    record is about $20 per house.
    The Agency recommends a cease and desist order until a proper permit
    is obtained and a penalty of $200 for past violations. We concur
    with the suggestion for a cease and desist order but do not feel that
    a penalty is appropriate
    ORDER
    William Earl Young shall cease and desist from accepting the dumping
    of refuse on his property until he has obtained a proper permit from
    the Environmental Protection Agency.
    I, Christ~an L.
    Mo~fett,
    Clerk of
    the Pollur-jon Control soar
    ,
    certify
    that the Board adop
    Led th~ above Opinion and Order this
    /o
    I day of
    X4ay, l9~2, by a vote of~~to ~
    4—490

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