ILLINOIS POLLUTION CONTROL BOARD
    September 12, 1972
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 72—1
    C
    & S MOTOR SERVICE, INC.,
    an
    Illinois Corporation,
    Respondent.
    Lee A.
    Campbell, Assistant Attorney General for the EPA
    Clayton Mikelson,
    Pro Se
    OPINION AND ORDER OF
    THE
    BOARD
    (by Mr. Henss)
    The Environmental Protection Agency filed its complaint
    alleging that Respondent C
    &
    S Motor Service,
    Inc. had com-
    mitted numerous violations of the Environmental Protection Act
    and
    the
    Rules and Regulations for Refuse Disposal Sites and
    Facilities in the operation of a site at Palos Hills, Illinois.
    It was charged that Respondent for the period of about one
    year in 1971 and 1972 had operated a refuse disposal site with-
    out a permit and without adequate fencing or a gate and was
    guilty of open dumping of refuse,
    failure to confine dumping
    of refuse to the smallest practical area,
    failure to have
    sufficient equipment on the
    site,
    failure to spread and compact,
    failure to cover the refuse on a daily basis, and the deposition
    of refuse in standing water.
    Testimony for the Complainant was
    presented by an EPA Sanitarian
    who
    had visited the site on
    thirteen dates
    from April
    22,
    1971 to June 14,
    1972.
    Respondent’s
    evidence was presented by Clayton Mikelson, owner and President of
    C
    &
    S Motor Service,
    Inc.
    Respondent is not in the refuse disposal business but operates
    25 dump trucks in the business of moving earth for contractors and
    doing some grading and excavating.
    As a part of its occupation
    Respondent does stockpile dirt on its premises for later transfer
    to an area in need of landscaping.
    The area used by Respondent
    for this purpose was only about 1/4 acre.
    A 20 acre landfill had
    been operated on adjoining property by other persons.
    There was
    no fence between the two properties and occasionally members of
    the public would mistakenly drive into Respondent~sproperty to
    deposit debris.
    Most of the debris on Respondent’s land, however, was brought
    there by its own trucks.
    Some of it was in dirt to be stockpiled.
    Other debris was included in “heavy fill” which Respondent used to
    5— 411

    —2—
    build up a low-lying area and eliminate an insect breeding pond.
    Photographs of Respondent’s property taken on several dates in
    1971 and 1972 clearly showed debris consisting of rusty metal
    cans, wooden boards, broken wooden crates, rusty pipe, broken
    tile, broken concrete, barrels, broken window screens,
    a metal
    cabinet and a mattress jumbled in a heap with dirt and brush.
    Some of the debris was located in a pool of standing water and
    oil slicks appear on the water.
    Respondent never applied for a permit nor did it fence
    the
    area since there was no intention to operate
    a public landfill.
    The police were instructed to patrol the property regularly
    to
    apprehend trespassers.
    Mr. Mikelson had the mistaken impress. on
    that the dumping was legal since it did not include garbage.
    The
    EPA
    was somewhat slow in correcting this idea.
    On February 28,
    1972 Mikelson wrote to the EPA stating:
    “We are
    in the dump truck and excavating business
    and have no need to dispose of refuse.
    Refuse to
    us is household garbage.
    We do,
    at times, stockpile
    black dirt and fill from some of our jobs and also
    dump
    heavy fill in the low part of the property.
    Heavy fill being broken asphalt, concrete curb,
    concrete pavement,
    rock and heavy wood.
    None of
    which has food value for rodents or
    is combustible.”
    Over five months later on August
    2 when the hearing was
    held the EPA had not yet answered the letter.
    On April
    28, 1972 Mr. Mikelson was told orally by an EPA
    Representative that the definition of refuse included material
    of the type he had been depositing on the property.
    When in-
    spected twelve days
    later the site had been cleaned up, covered
    and closed to further dumping.
    The pond area was filled with
    clay dirt,
    Some of
    the
    area has now received its final cover
    of dirt.
    The Record indicates that Respondent intends to sell
    the property.
    Respondent’s mistaken interpretation of the law of course
    cannot excuse the violations.
    We find that Respondent did
    operate a landfill without a permit,
    cause open dumping, fail
    to spread and compact, fail
    to cover on a daily basis, and did
    deposit debris in standing water.
    The \ziolations were not gross
    and Respondent moved rapidly into compliance when its mistaken
    interpretations were corrected.
    Mr. Mikelson’s attitude indi-
    cates that there will be no future violations and we believe that
    a penalty of $250.00
    is sufficient along with an order to apply
    final cover and cease and desist the violations.
    5—412

    —3—
    ORDER
    It is ordered that:
    (1)
    Respondent cease and desist said violations of the
    Environmental Protection Act and the Rules and
    Regulations for Refuse Disposal Sites and Facilities.
    (2)
    Respondent apply final cover to the site on or before
    October
    31,
    1972.
    (3)
    Respondent shall pay to the State of Illinois on or
    before October 31,1972 the sum of $250.00 as a
    penalty
    for violations
    found
    in this proceeding.
    Penalty payment by certified check or money order
    payable to the State of Illinois shall be made to:
    Fiscal Services Division, Illinois EPA,
    2200
    Churchill Drive, Springfield, Illinois
    62706.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Order was adopted on the
    ,/~
    “~
    day of September,
    1972 by a vote of
    ~/—(~
    ~
    ~
    /
    ~.;
    ~
    C1~iristanL. ~bffett,
    Cl,erk
    Illinois Pollution Coñ?rol
    Board
    5— 413

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