ILLINOIS POLLUTION CONTROL BOARD
    May 5,
    1994
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Petitioner,
    v.
    )
    AC 92-86
    (IEPA No.
    658-92-AC)
    (Administrative Citation)
    AL SEAMAN,
    Respondent.
    MR.
    JAMES
    G. RICHARDSON APPEARED ON BEHALF OF THE ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY.
    MR. AL
    SEAMAN
    APPEARED PRO SE.
    Dissenting Opinion (By C.
    A. Manning):
    I respectfully dissent from the majority’s opinion and order
    which found that Mr. Seaman’s improper “storage” of roughly 8,000
    used tires in a dilapidated barn is not a violation of Section
    21(p) (1)
    of the Environmental Protection Act
    (Act).
    (415 ILCS
    5/21(p) (1) (1992)
    .)
    I find a violation.
    Section 21(p) (1) prohibits anyone from “open dumping” in a
    manner that causes the occurrence of
    “litter.”
    This Board has on
    various occasions considered used tires as litter.
    (S.~e.
    generally,
    Sangamon County v. Ruth
    Ann
    Sheppard (November 4,
    1994)
    AC93-6, _PCB
    _;
    IEPA v.
    Sickles,
    (September 17,
    1992)
    AC 92-47,
    136 PCB
    83;
    IEPA v. Sickles,
    (July 30,
    1992) AC 92-47,
    135 PCB 223;
    IEPA v. Hillebrenner,
    (May 21,
    1992), AC 92-16,
    133
    PCB 559; and IEPA v.
    Springman,
    (May
    9,
    1991) AC 90-79,
    122 PCB
    147.)
    Additionally, Section 3.24 of the Act defines “open dumping”
    as the “consolidation of refuse from one or more sources at a
    disposal site that does not fulfill the requirement of a sanitary
    landfill.”
    (415 ILCS 5/3.24
    (1992).)
    Section 3.08 of the Act
    defines disposal as:
    •
    .
    .
    the discharge, deposit,
    injection,
    dumping,
    spilling,
    leaking or
    placing of any waste
    ~
    into or
    on any land or water ~
    so that such waste
    ***
    enter the
    enviror~mentor be emitted into the air or
    discharged into any waters, including ground waters.
    (Emphasis added)
    (415 ILCS 5/3.08
    (1992)
    .)
    A leaky barn which contains thousands of improperly stored tires
    resting on top of
    “mounds of hay” where there has been no proper
    disposal plan developed in accordance with the Used Tire
    Management Act
    (415 ILCS 5/55 et.
    seg.
    (1992))
    makes that barn a
    “disposal site” which does not meet the definition of a sanitary
    landfill.
    Moreover,
    the definitional requirement that the refuse “may
    enter the environment” does not require the Agency to prove that
    the objects of “disposal” are in fact entering the environment,
    but rather that they have the dangerous propensity to do so.
    These tires are exposed to the elements by virtue of being placed
    in an open barn that has holes in the roof,
    doors and windows
    missing, and sections of the walls missing.
    Those facts alone
    demonstrate that the used tires have the propensity to enter the
    environment.
    More importantly, the propensity for these 8,000
    used tires to dangerously enter the environment in the event of a
    tire fire provides further rationale to conclude that the illegal
    storage of these 8,000 used tires constitutes
    “open dumping”
    in
    violation of Section 21(p)
    (1)
    of the Act.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif
    t at the above dissenting opinion was
    entered on the
    _________
    day of
    7)-i
    ,
    1994.
    Dorothy M.,’~unn, Clerk
    Illinois ~1lution
    Control Board
    Claire A. Manning
    Chairman

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