ILLINOIS POLLUTION CONTROL BOARD
    June
    20, 1972
    ENVIRONMENTAL
    PROTECTION AGENCY
    v.
    )
    PCB 72—169
    TERMINAL
    RAILROAD
    ASSOC.
    OF
    ST. LOUIS
    Thomas
    J.
    Iuimel, counsel for the Environmental Pro?ection Agency
    Norman J. Gundlach, counsel for Terminal Railroad Association of
    St. Louis
    Opinion of the Board
    (by Mr. Aldrich)
    The Environmental Protection Agency filed
    a complaint April
    20,
    1972,
    against Terminal Railroad Association of St.
    Louis alleging open
    burning of refuse and railroad ties in violation of Section 9(c) of
    the Environmental Protection Act
    Ill.
    Rev.
    Stat.
    1971,
    Ch.
    III
    1/2
    1009(c)
    and
    of
    Rule
    402(a)
    of Ch.
    3, Part IV of the Illinois
    Pollution Control Board Rules
    and Regulations.
    Terminal Railroad Association of St. Louis owns and operates facilities,
    including repair shops on Industrial Avenue, National City,
    Illinois,
    where the alleged burning occurred.
    The parties submitted
    a stipulation in lieu of
    a public hearing.
    Respondent admits that open burning of wooden pallets oqcurred on
    September 16,
    1971.
    Respondent agrees that a letter from the
    Environmental Protection Agency on June
    3,
    1971,
    called attention
    to the fact that “Railroad ties, other debris,
    and both
    cut and uncut
    landscape wastes are often permitted to accumulate along railroad
    right—of—ways”
    and requested Terminal Railroad to “take
    steps to
    insure that such situations do not occur.~’ The stipulation suggests
    that Terminal Railroad shall cease and desist violation of the
    Environmental Protection Act and pay
    a $1000 penalty for the
    violation.
    In evaluating the conditions of the stipulation we recognize that
    Terminal Railroad was not warned about a potential for pollution at
    a specific site, but only received
    a general form letter.
    Furthermore,
    Respondent stated in a letter of October
    18,
    1971, that the wooden
    pallets had been stacked for removal from the property and that
    burning was neither intended nor authorized by anyone in authority.
    The Agency investigator reported no odor nor Ringelman violation
    in connection with the burning.
    We conclude that the proposed conditions of the stipulation are
    reasonable and acceptable and they are hereby so ordered.
    The
    4
    —
    687
    Stipulation contained the statement that “——-neither of the undersigned
    have any indication of public interest in attending——a hearing.”
    ORDER
    1. Terminal Railroad Association of St. Louis shall cease and desist
    from open burning in violation of the Environmental Protection Act
    and the Regulation of the Illinois Pollution Control Board.
    2.
    Terminal Railroad Association of St. Louis shall within
    35 days
    of the filing of this order pay to the State of Illinois
    a
    penalty of $1000, such payment
    to be made to the Fiscal Service
    Division of the Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706.
    I, Christan L.
    Moffett, Clerk of the Pollution Control Board, certify
    that the Board adopted the above Opinion and Order this ~ô~~day
    of
    \...L,~,
    1972, by a vote of
    ~-
    c)
    4
    —
    688

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