NOTICE OF FILING
To :
Charles L. Parker
217
1
/2
S. Sangamon
Lincoln, Illinois 62656
PLEASE TAKE NOTICE that on this date I presented to the hearing officer for filing with
the Clerk of the Pollution Control Board of the State of Illinois the following instrument(s) entitled
POST-HEARING BRIEF OF COMPLAINANT
.
Respectfully submitted,
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated
:
January 12, 2006
THIS FILING
SUBMITTED
ON
RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
REC WIRED
CLERK'S OFFICE
JAW 1 7 2006
Complainant,
)
AC 04-75
STATE OF ILLINOIS
Pollution Control Board
v
.
)
(IEPA No. 221-04-AC)
CHARLES L. PARKER,
)
Respondent
.
)
POST-HEARING BRIEF OF COMPLAINANT
On May 3, 2004, the Illinois Environmental Protection Agency ("Illinois EPA") issued an
administrative citation to Charles L. Parker ("Respondent") . The citation alleges violations of
Section 21(p)(1) and 21(p)(3) and 21(p)(7) of the Environmental Protection Act
("Act") (415
ILCS 5/21(p)(1) & (4) (2002)), in that Respondent caused or allowed open dumping of waste,
resulting in litter, open burning and the deposition of construction or demolition debris . The
violations occurred at a property located on the east side of Lincoln in Logan County, south of
Lincoln Christian College, and bounded on all three sides by railroad right-of-ways . Transcript,
p . 6; Exhibit 1
.
Illinois EPA has demonstrated that Respondent caused or allowed open dumping on the
site. "Open dumping" means "the consolidation of refuse from one or more sources at a disposal
site that does not fulfill the requirements of a sanitary landfill ." 415 ILCS 5/3.305 (2002) .
"Refuse" means "waste," (415 ILCS 5/3.385 (2002)), and "waste" includes "any garbage
.
.
. or
other discarded material" (415 ILCS 5/3.535 (2002)). The inspection report admitted into
evidence as Exhibit I and the testimony at hearing show that vehicles, furniture, wood, tires,
appliances, and metal items were accumulated throughout the site . Tr. at 7-10; Exh. 1, pp. 3-4,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
RECEIVED
CLERK'S
OFFICE
JAN 1 7 2006
Complainant,
)
AC 04-75
STATE OF
ILLINOIS
V
.
CHARLES L. PARKER,
)
Respondent
.
Pollution Control Board
(IEPA No. 221-04-AC)
6-13. These materials constitute "discarded material" within the meaning of the term "waste ."
Respondent owns the site. Tr. at 6. Therefore, Respondent caused or allowed the open dumping
of waste observed on March 25, 2004
.
Respondent's causing or allowing the open dumping of these wastes resulted in "litter"
under Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002)) . The Act does not define "litter,"
but in similar cases, the Board has looked to the definition of "litter" in the Litter Control Act
:
"Litter" means any discarded, used or unconsumed substance or waste . "Litter" may
include, but is not limited to, any garbage, trash, refuse, debris, rubbish
.
.
.or anything
else of an unsightly or unsanitary nature, which has been discarded, abandoned or
otherwise disposed of improperly
.
415 ILCS 105/3(a) (2002) ; see St. Clair County v. Louis /. Mund (Aug. 22, 1991), AC 90-64, slip
op . at 4, 6 . Using this definition, the vehicles, furniture, wood, tires, appliances, and metal items
constitute "litter" under Section 21(p)(1) of the Act, and therefore Respondent violated that
section .
Respondent's open dumping of these wastes also resulted in open burning in violation of
Section 21(p)(3) of the Act (415 ILCS 5/21(p)(3) (2002)) . Burned waste and a smoldering burn
pile were observed at the site. Tr. at 8-9; Exh. 1, pp. 8-11 . As argued above, Respondent caused
or allowed the open dumping of this waste . Because the open dumping resulted in the open
burning of waste, Respondent also violated Section 21(p)(3) of the Act .
Respondent's open dumping also resulted in the deposition of general construction or
demolition debris and/or clean construction or demolition debris, in violation of Section 21(p)(7)
of the Act (415 ILCS 5/21(p)(7) (2004)). "Construction or demolition debris" is defined in part,
as follows
:
"General construction or demolition debris" means non-hazardous,
uncontaminated materials resulting from the construction, remodeling, repair, and
2
demolition of utilities, structures, and roads, limited to the following : bricks,
concrete, and other masonry materials ; soil ; rock; wood, including non-hazardous
painted, treated, and coated wood and wood products ; wall coverings; plaster
;
drywall; plumbing fixtures ; non-asbestos insulation ; roofing shingles and other
roof coverings; reclaimed asphalt pavement ; glass; plastics that are not sealed in a
manner that conceals waste ; electrical wiring and components containing no
hazardous substances; and piping or metals incidental to any of those materials
.
415 ILCS 5/3 .160(a) (2002)
.
The evidence at hearing showed that debris from the demolition and renovation of gas station
buildings where Respondent previously was employed . Tr. at 10. The materials from the buildings
meets the definition of "construction or demolition debris" for purposes of Section 21(p)(7) of the
Act, and therefore Respondent violated that section
.
The Illinois EPA photographs and inspection report and the testimony show that Respondent
allowed open dumping of waste in a manner resulting in litter, open burning and deposition of
construction or demolition debris in violation of Sections
21(p)(1), (p)(3) and (p)(7) of the Act
.
Illinois EPA requests that the Board enter a final order finding that Respondent violated these
sections and imposing the statutory penalty
.
Respectfully Submitted,
DATED: January 12, 2006
3
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
PROOF OF SERVICE
I hereby certify that I did on the 12 th day of January, 2006, send by U.S. Mail postage prepaid a
true and correct copy of the following instrument(s) entitled POST-HEARING BRIEF OF
COMPLAINANT
To
:
Charles L. Parker
217
'/2
S. Sangamon
Lincoln, Illinois 62656
and the original and nine (9) true and correct copies of the same foregoing instruments
To :
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
1J .+1 .. .
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
