ILLINOIS POLLUTION CONTROL BOARD

February 17, 1972

ENVIRONMENTAL PROTECTION AGENCY

#71—283

v.

PERCY LOGAN and

MRS. HUMPHREY LOGAN

SUPPLEMENTAL OPINION 

AND

ORDER (BY MR. LAWTON)

The Opinion and Order entered on January 20, 1972 provided

as follows:

“The Environmental Protection Agency and Respondents

will submit to the Board, within ten days from the re-

ceipt of this Order, all information, documentation, and

financial statements, including report of inspection and

photographs taken on January 8, 1972, as will enable the

Board to arrive at a decision with respect to the assess-

ment of penalties. After the receipt of this information,

the Board will issue a further order assessing such penal-

ties as are appropriate.”

We have examined the report of inspection made on January 8,

1972 and pictures taken on that occasion. While some amount of

spreading and compacting has taken place, virtually the entire

area remains without the degree of covering required by the regii—

lations.

We have also received the personal income tax retulhsof Pollyanna

Logan but not ling reflecting the income of Percy Logan, nor anything

relative to the financial assets or aspects of the dump operation.

Mrs. Logan’s returr~show an absence of taxable income, but.these

returns, standing alone, are not particularly illuminating so far as

providing an economic analysis of the dump operation. We wish that

more had been developed at the trial to guide us in this determination.

We assess a penalty in the amount of $2,000.00. In arriving at

this figure, we take into consideration the apparent economic condition

of the Respondents. The extent of the violation would justify a far

more severe fine.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Supplemental Opinion and Or~erwas adopted

on the /7~day of February, 1972, by a vote of 

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3

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657