ILLINOIS POLLUTION CONTROL BOARD

October 17, 1972

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

 PCB 72—254

IVY

HEARNES

and

ARTHUR

SINGLETON,

Respondents.

Robert

Kaucher,

Assistant

Attorney

General,

for

the

Enviro,nmental Protection Agency;

Harry

 E. Hartman for Respondent Hearnes;

No appearance for Respondent Singleton.

OPINION

AND

ORDER OF THE BOARD

 (by Mr. Parker):

This

 is an enforcement proceeding

 (Complaint filed June 22,

1972)

 in which Respondents are charged with open dumping viola-

tions at a landfill located near Lovejoy in Madison County.

The

specific violations of the Rules and Regulations for Refuse

Disposal Sites and Facilities charged are:

 causing or allowing

open dumping between August 5,

 1971 and March 22,

 1972 in viola-

tion of Rule 3.04,

 failing to confine the refuse to the smallest

practical area

 (Rule 5.05), failing to provide proper operating

equipment

 (Rule 5.05), failing to properly spread and compact the

refuse

 (Rule 5.06)

 and to provide daily cover

 (Rule 5.07

 (a)),

failing to provide vector control

 (Rule 5.09), and operating with-

 out a permit in violation of Section 21

(e)

 of the Environmental

Protection Act.

At the public hearing, held September 11, 1972,

 it was

stipulated that the land in question was owned by Respondent

Hearnes and leased to Respondent Singleton throughout the time

period involved here

 (R.5).

 Although the lessee Singleton did

not appear at the hearing, he was properly served with process

and therefore is bound by this opinion and order.

Also, at the hearing the Respondent Hearnes consented to the

relief prayed for in subparagraphs

1

(a)

 and 1

(b)

 of Paragraph B

of the prayer of the Complaint.

 As we understand it, this consent

comes close to constituting

 an admission of the violations charged

and an agreement to cease and desist until an Agency permit may

be obtained.

 Specifically, Respondent Hearnes has consented to

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689

cease accepting refuse at the site without a permit, and to cease

and desist from the violations complained

 of until and unless a

compliance program should be approved by the Board.

The evidence introduced at the public hearing showed that

Respondent Singleton leased the land from Respondent Hearnes for

use as a hog pen

 CR. 60).

 Mrs. Hearnes, the land owner, seldom

visited the site

(R.

 61) but was informed about two years ago

that some open dumping had occurred

(R.

 62).

 Several Agency

witnesses testified concerning their visits

 to the site on the

following dates alleged in the Complaint:

 August

5,

August 18,

October

13,

 19 and 20, all in 1971

(R.

 20—30, 50—51), and January

25 and March 22 of 1972

(R.

 44—47,

 50-51).

 They photographed

(Exhs.

1,

2)

 and described what they saw, viz:

“...

 we observed large amounts of demolition material,

assorted household items,

 cans,

 bottles,

 a small amount

of garbage, some old chairs and just assorted household

trash,

 a few white goods such as refrigerators and stoves,

and some tin objects,

 The site was not posted on this

inspection and the site was not restricted on this

inspection.”

(R. 21—22)

“...

 the top photograph taken on August 5th shows

 some tin

items and some demolition material which were laying there

on the

5th.

 On the 18th when

 I went back,

 these items

were almost obscured by new dumping, and you can see

plastic bags, beer cans, milk cartons and things in front

of

the

items

that

were

photographed

the

upper

picture,

and this would show the recent dumping on the 5th have not

been spread, compacted or covered by the 18th.”

(R.

27)

The Agency investigators reported essentially no changes in the

condition of the refuse heaps, other

 than the dumping of addi-

tional material, over the August,

 1971 through June, 1972 period

(R.

31)

We believe the record proofs show that the violations

charged in the Complaint did occur.

 A cease and desist order

will be issued as well

 as an order to cover the dump.

 Money

penalties

 $500.00 for the landfill operator,

 Respondent

Singleton,

 and of

 $100.00 for the land owner, Mrs.

 Hearnes, seems

to be fully justified.

ORDER

1.

 Respondents shall cease

and desist from causing and

allowing

open

dumping

refuse

their

landfill

located

near

Lovejoy

 in Madison County.

5

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690

2.

 Respondents shall immediately spread and compact the

refuse at the landfill,

 and apply final cover

 to it, which

condition

shall

exist

until

such

time

the

Agency

may

issue

permit for operation of a landfill.

3.

 Respondent Hearnes shall pay to the State of Illinois

by November 22, 1972 the sum of $100.00 as a penalty for the

violations found in this proceeding.

 Penalty payment by certi-

fied check or money order payable to the State of Illinois shall

be

made to:

 Fiscal Services Division,

 Illinois EPA,

 2200 Churchill

Road,

Springfield,

Illinois,

62706.

4.

 Respondent Singleton shall pay to the State of Illinois

by November 22, 1972 the sum of $500.00 as

 a penalty for the

violations found in this proceeding.

 Penalty payment by certi-

fied check or money order payable to the State of Illinois shall

be made to:

 Fiscal Services Division,

 Illinois EPA,

 2200 Churchill

Road, Springfield,

 Illinois,

 62706.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby c,ertify that th~a~oveOpinion and Order

was adopted

 on the /7~’~dayof

 1972, by

a

vote of

to

~

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691