BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AL
ROTECTION AGENCY,
omplainant,
AC 05-61
.
(IEPA No. 59-05-AC)
IMOTHY PEARCE,
Respondent.
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NOTICE OF FILING
ILLINOIS ENVIRONMENT
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To:
Flora, Illinois 62839
PLEASE TAKE NOTICE that on this date I electronically filed with the Clerk of the
Pollution Control Board of the State of Illinois the following instrument(s) entitled MOTION FOR
SUMMARY JUDGMENT.
Respectfully Submitted,
________________________________
Timothy Pearce
607 Birchwood
_
Special Assistant Attorney General
Agency
d Avenue East
ois 62794-9276
17) 782-5544
Dated: March 6, 2008
Michelle M. Ryan
Illinois Environmental Protection
1021 North Gran
P.O. Box 19276
Springfield, Illin
(2
Electronic Filing - Received, Clerk's Office, March 6, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AL
ROTECTION AGENCY,
omplainant,
AC 05-61
.
(IEPA No. 59-05-AC)
IMOTHY PEARCE,
Respondent.
)
MOTION FOR SUMMARY JUDGMENT
ILLINOIS ENVIRONMENT
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NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois
EPA”), pursuant to 35 Ill. Adm. Code 101.516, and hereby states as follows:
On March 24, 2005, Illinois EPA issued an administrative citation to Timothy Pearce
(“Respondent”). The citation alleges a violation of Section 21(p)(1) of the Environmental
Protection Act (“Act”) (415 ILCS 5/21(p)(1) & (7) (2004)), in that Respondent caused or
allowed open dumping of waste resulting in litter and the deposition of clean or general
construction or demolition debris. The violations occurred at a property located at 241 North
Willow Road, Flora, Clay County. Open Dump Inspection Report, attached to Administrative
Citation.
Respondent originally contested the allegations in the Administrative Citation in his
Petition for Review filed on May 18, 2005. However, Respondent has not participated in status
calls with the Hearing Officer or responded to phone calls or letters from Complainant since
August 2006.
See generally
Hearing Officer Orders from September 2006 to present.
Electronic Filing - Received, Clerk's Office, March 6, 2008
On August 17, 2007, Illinois EPA sent Respondent a Request to Admit Facts. No
response from Respondent has been received. Therefore, pursuant to 35 Ill. Adm. Code
101.618(f), all facts contained therein are deemed admitted.
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 (2004).
“Refuse” means “waste,” (415 ILCS 5/3.385 (2004)), and “waste” includes “any garbage . . . or
other discarded material” (415 ILCS 5/3.535 (2004)). Respondent was the owner and operator
of the site on which the open dumping was observed, and Respondent both caused and allowed
waste to be open dumped there. Request to Admit Nos. 1-3, 5-8. Therefore, Respondent caused
or allowed the open dumping of waste observed on February 16, 2005.
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) (2004)). 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) (2004); see
St. Clair County v. Louis I. Mund
PCB AC 90-64, (Aug. 22, 1991)
pp. 4, 6. Respondent caused and allowed open dumping of waste, which constitutes “litter” under
Section 21(p)(1) of the Act, and therefore Respondent violated that section.
Respondent also admitted that the open dumped waste included general or clean construction
or demolition debris. Request to Admit No. 4. Therefore, Respondent violated Section 21(p)(7) of
Electronic Filing - Received, Clerk's Office, March 6, 2008
the Act, which prohibits the open dumping of waste in a manner which results in the deposition of
general or clean construction or demolition debris.
The Request to Admit and the Inspection Report attached to the Administrative Citation
shows that Respondent caused or allowed open dumping of waste in a manner resulting in litter and
clean or general construction or demolition debris in violation of Section 21(p)(1) and 21(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: March 6, 2008
_________________________________
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
Electronic Filing - Received, Clerk's Office, March 6, 2008
PROOF OF SERVICE
I hereby certify that I did on the 3 day of March, 2008, send by U.S. Mail with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instrument(s) entitled MOTION FOR SUMMARY JUDGMENT
To:
Flora, Illinois 62839
and an electronic copy of the same foregoing instrument on the same date via electronic filing
To:
lerk
t, Suite 11-500
Chicago, Illinois 60601
________________________________
rd
Timothy Pearce
607 Birchwood
John Therriault, Acting C
Pollution Control Board
James R. Thompson Center
100 West Randolph Stree
_
pecial Assistant Attorney General
Agency
d Avenue East
ois 62794-9276
17) 782-5544
Michelle M. Ryan
S
Illinois Environmental Protection
1021 North Gran
P.O. Box 19276
Springfield, Illin
(2
Electronic Filing - Received, Clerk's Office, March 6, 2008
