BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 05-72
v.
)
)
)
(IEPA No. 144-05-AC)
GARY CLOVER d/b/a CLOVER
CONCRETE,
)
)
Respondent.
)
)
NOTICE OF FILING
To: Gary Clover
11704 North Route 37
Marion, Illinois 62959
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
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: June 4, 2007
Electronic Filing, Received, Clerk's Office, June 4, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 05-72
v.
)
)
)
(IEPA No. 144-05-AC)
GARY CLOVER d/b/a CLOVER
CONCRETE,
)
)
Respondent.
)
)
POST-HEARING BRIEF OF COMPLAINANT
On May 19, 2005, the Illinois Environmental Protection Agency (“Illinois EPA”) issued
an administrative citation to Gary Clover (“Respondent”). The citation alleges violations of
Section 21(p)(1), 21(p)(3), and 21(p)(4) of the Environmental Protection Act (“Act”) (415 ILCS
5/21(p)(1), (3) & (4) (2004)), in that Respondent caused or allowed open dumping of waste,
resulting in litter, open burning, and waste in standing or flowing waters. The violations
occurred at a property located at 11704 N Route 37, Marion, Williamson County.
1
Transcript,
p.9-10.
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)). The photos admitted into evidence as
Exhibit 1 and the testimony at hearing show that wood, including landscape waste and other
1
The original Administrative Citation filed in this matter stated that the violations were observed on March 31,
2005. On May 9, 2007, Complainant filed a Motion to Substitute Pages in this matter, stating that the correct date of
violation should have been listed as March 29, 2005. The Board has not ruled on this motion, nor has Respondent
filed a response. Therefore, this brief will not address further the matters raised in that motion.
Electronic Filing, Received, Clerk's Office, June 4, 2007
finished wood materials had been dumped in the quarry located on site. Tr. at 12-13; Exh. 1.
These materials constitute “discarded material” within the meaning of the term “waste.”
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) (2002); see
St. Clair County v. Louis I. Mund
(Aug. 22, 1991), AC 90-64, slip op.
at 4, 6. Using this definition, the wood waste constitutes “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) (2004)). “Open burning” is defined in Section
3.300 of the Act, 415 ILCS 5/3.300 (2004), as “the combustion of any matter in the open or in an
open dump.” As described above, the burn piles located on the site meet the definition of “open
dumping.” The wood waste was partially burned (Tr. at 13) and charred (Tr. at 14).
Respondent’s son admitted that he and Respondent were burning the wood on site. Tr. at 14.
This burning constitutes “open dumping of waste in a manner that results in…open burning”
under Section 21(p)(3) of the Act, and therefore Respondent violated that section.
Respondent’s open dumping of these wastes also resulted in the deposition of waste in
standing or flowing water in violation of Section 21(p)(4) of the Act (415 ILCS 5/21(p)(4)
(2004)). Water had collected at the bottom of the quarry, and wood waste was observed in the
standing water. Tr. at 13; Exh. 1. As argued above, Respondent caused or allowed the open
3
Electronic Filing, Received, Clerk's Office, June 4, 2007
dumping of this waste. Because the open dumping resulted in the waste being in standing water,
Respondent also violated Section 21(p)(4).
Neither Respondent nor any representative of Respondent appeared at hearing in this matter.
Therefore, Respondent has waived his right to present testimony in his defense, and the facts as
presented by Complainant are uncontested.
The Illinois EPA photographs and the testimony show that Respondent caused or allowed
open dumping of waste in a manner resulting in litter, open burning, and waste in standing or
flowing waters in violation of Sections 21(p)(1), (p)(3), and (p)(4) of the Act. Illinois EPA requests
that the Board enter a final order finding that Respondent violated these sections and imposing the
statutory penalty of $4,500.00.
2
Respectfully Submitted,
Dated: June 4, 2007
_________________________________
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
2
The original Administrative Citation filed in this matter claimed a higher statutory penalty, however, the May 9,
2007 Motion to Substitute Pages also addresses this issue in full.
4
Electronic Filing, Received, Clerk's Office, June 4, 2007
PROOF OF SERVICE
I hereby certify that I did on the 4
th
day of June, 2007, 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 POST-HEARING BRIEF OF COMPLAINANT
To: Gary Clover
11704 North Route 37
Marion, Illinois 62959
and an electronic copy of the same foregoing instrument on the same date via electronic filing
To: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
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, June 4, 2007
