Samuel Morgan,
Assistant Attorney General for the EPA
John Peterson, Attorney for Respondents
OPINION AND ORDER OF THE BOARD (by Mr . Henss)
Respondents Paul Lambert and Don Lambert own about 15 acres
The
near
Environmental
Route 66 and the
Protection
City of
Agency
Plainfield
alleges
in
that
Will County,
on 4 dates
Illinoisin
.
1972 : February 15, April 3, May 1 and May 2 Respondents were
guilty of the open dumping of refuse, failure to provide daily
cover, failure to confine dumping to the smallest practical area
and that they failed to provide portable fencing, operational
equipment and make physical improvements to the property . It is
alleged that the dumping facility was operated without a permit
issued by the Environmental Protection Agency .
Upon hearing, it was stipulated by the parties that Respondents
owned the property and since February 1972 have operated an open
dump without an EPA permit in violation of Section 21, Environmental
Protection Act . It was further stipulated that Respondents caused
failed
or allowed
to provide
open dumping
daily
of
cover
refuse
on those
on the
dates4
dates
; and
in
failed
questionto
make
;
"the necessary" physical improvements to the property . The Agency
did not submit any evidence regarding the other charges . EPA
photographs of the dumping site show large areas of refuse including
cans, crates, cardboard boxes, paper, shingles, construction siding,
tires, plastic sacks of refuse, junk cars, mattresses, broken glass,
bedsprings and piles of underbrush .
Respondent offered testimony in mitigation of penalty
. It was
established that the Will County Health Department had written a
letter to Respondent stating that no permit was needed for the
deposition of glass fragments and wastes from a glass company and
for the deposition of building rubble . Respondent further testified
ILLINOIS POLLUTION CONTROL BOARD
March 15, 1973
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
vs .
) PCB 72-385
PAUL LAMBERT and DON LAMBERT,
)
Respondents .
)
thatnotjunk
havenocars
garbageaccessbut
was
wastosimply
thepermittedsitesalvaging
andonthat
thethose
he
site,was
he
thatalready
no longer
thehad
publicacceptingon
thedid
property .
In May 1972 Respondent received the Rules and Regulations
for Refuse Disposal Sites and Facilities . He then brought 55,000
yards of dirt onto the property to cover the refuse which was
shown in EPA photographs . Three or four acres of refuse have
now been covered . Respondent has not yet obtained a license for
the operation of a landfill although he was advised a year and a
half ago that he was in violation of the law and would need a
permit . Respondent said the delay occurred because he was "just
coasting" until he got the fill dirt .
of applying
Respondent
for
has
a permitnow
obtained
.
application forms for the purpose
company--the
At the present
Kerr Glass
time,
CompanyRespondent
. He
hauls
receives
refuse
$800
for
per
just
month
onefor
this work
. The refuse currently being brought onto the property
glass,
consists
a ceramic
of various
material
mixtures
used
of
to
sand,
absorb
limestone,
oil, paper
soda
towels,
ash, brokenwrappers,
wastepaper,
received from
wood
this
packing
one hauling
boxes
contract
and pallets
is a
and
substantial
brick
. The
part
incomeof
Respondent's income .
We find Respondents guilty of open dumping of refuse, failure
to provide daily cover and failure to make physical improvements
to the property as stipulated . We further find Respondents guilty
of operating the facility without an EPA permit . The violations
were substantial and Respondent was not prompt in bringing his
operation into compliance with the law . We shall impose a financial
penalty upon Respondent of $750 . Presumably Respondent has by now
submitted his application to the EPA for the issuance of a permit .
While that application is pending Respondents may continue to serve
his one client--Kerr Glass Company--and shall fully comply with
the requirement that daily cover be applied
. If the EPA has not
issued
further
a
dumping
permit for
shall
the
cease,
operation
the site
of the
shall
facility
be closed
by May
and
15,
final1973
cover applied .
ORDER
It is ordered that :
1
. Respondents cease and desist immediately from the
violations which are found in this Opinion except
that Respondents may continue to haul the refuse
of Kerr Glass Company while their application for
-2-
1
-3-
a permit is pending . Cover shall be applied on
a daily basis . If no permit is issued by May 15,
1973 Respondents shall cease and desist all
further dumping operations, shall close the site
and apply final cover .
2 . Respondents shall pay to the State of Illinois by
April
the violations
20, 1973 the
found
sum
in
of
this
$750
proceedingas
a penalty
. Penaltyfor
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, hejeby certify the above opinion and Order was adopted
this /4~~ `'day of March, 1973 by a vote of
211
to c
j 93
