ILLINOIS POLLUTION CONTROL BOARD
    March
    16, 1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    AC 94—73
    V.
    )
    (IEPA No.
    415-94-AC)
    (Administrative Citation)
    STACY B. HESS,
    )
    )
    Respondent.
    MELANIE A. JARVIS,
    ASSISTANT COUNSEL, APPEARED ON BEHALF OF THE
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY;
    STACY B. HESS APPEARED PRO SE.
    CONCURRING OPINION
    (by
    3.
    Ii):
    I agree with the outcome and reasoning expressed in the
    majority opinion.
    However,
    I concurred because the majority
    opinion does not find a violation on the evidence of litter in
    the record other than the used tires.
    The administrative citation issued by the Agency alleges
    a
    single violation of Section 21(p) (1)
    of the Act.
    (415 ILCS
    5/21(p)(1).)
    Section 2l(p)(l)
    of the Act prohibits open dumping
    resulting in litter.
    In St.
    Clair CountY v.
    Louis Mund,
    (August
    22,
    1991), AC 90-64,
    125 PCB 381, the Board adopted the
    definition of litter contained 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..
    .
    abandoned vehicle.
    .
    .
    or
    anything else of an unsightly or unsanitary nature which has
    been discarded,
    abandoned or otherwise disposed of
    improperly.
    (Ill.
    Rev.
    Stat.
    1990 supp.,
    ch.
    38, par.
    86.3.)
    (415 ILCS
    105/3.
    The Agency offered evidence of litter into the record
    through the use of the eleven photographs taken by the Agency
    inspector and the inspectors direct testimony as to what is
    depicted in those photographs.’
    The Agency inspector testified
    ‘The photographs were entered into the record as Group Exhibit
    #7 and the inspectors testimony can be found on pages 16-23
    of the
    transcript of the hearing held on January 26,
    1995.
    that he observed by direct observations the following litter at
    the site; white goods,
    demolition debris,
    general refuse,
    old
    derelict vehicles,
    scrap metal and used tires.
    The Board
    pursuant to Section 31.1(d) (2)
    of the Act shall adopt an order
    finding violation if,
    based on the record, the alleged violation
    occurred.
    (415 ILCS 5/31.1(d) (2)
    (1992).)
    In determining
    whether a violation has occurred the Board is directed by the Act
    to weigh the evidence presented by the Agency in the record which
    demonstrates the alleged violation.
    Here,
    the Agency alleged a
    violation of Section 21(p) (1)
    of the Act that provides that no
    person shall cause or allow the open dumping of any waste in a
    manner which results in litter.
    The Agency presented evidence of
    litter consisting of used tires, white goods, demolition debris,
    general refuse,
    old derelict vehicles and scrap metal.
    I would
    have included in finding a violation of Section 21(p) (1)
    of the
    Act all the evidence in the record that demonstrates litter.
    Therefore,
    I respectfully concur.
    Jos
    Boarp Member
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, her~ycertify that t
    above concurring opinion was filed
    on the
    II~-~
    day of
    ___________________,
    1995.
    -2
    I
    Dorothy N. ~nn,
    Clerk
    Illinois P~1utionControl Board

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