ILLINOIS POLLUTION CONTROL BOARD
    August 22,
    1991
    ST. CLAIR COUNTY,
    Complainant,
    AC 90—67
    (Dockets A
    &
    B)
    V.
    )
    (Administrative Citation)
    TIMOTHY
    E. DOCTOR d/b/a
    MACLAIR ~SPHALT, INC.,
    Respondent.
    DENNIS HATCH APPEARED ON BEHALF OF THE COUNTY.
    ANN FOHNE KEELEY APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This
    matter comes before the Board upon a petition for
    review of an administrative citation
    (“citation”)
    filed by
    Timothy Doctor on July 31,
    1990.
    The citation was issued on July
    5,
    1990,
    by St. Clair County pursuant to Section 31.1 of the
    Environmental Protection Act
    (Ill. Rev.
    Stat.
    1990 supp.,
    ch.
    11.
    1/2, par.
    1001 et seq.)
    (the Act)
    and a delegation agreement with
    the Illinois Environmental Protection Agency
    (the Agency) under
    Section 4(r)
    of the Act.
    The citation, received by the Board on
    July 20,
    1990,
    cited two violations of Section 21 of the Act.
    On
    May 17,
    1991,
    hearing was held in Belleville,
    St. Clair County,
    Illinois on this case as well as thr~ecompanion cases.
    (St.
    Clair County v. Louis Nund, AC 90-64,
    St. Clair County v. Arthur
    Fields, AC 90—65,
    and St. Clair County v.
    Sandra L. Petroff, AC
    90-66)
    At hearing, Mr. Doctor filed a Motion to Dismiss the
    Citation and a Motion to Dismiss Violation A(i)
    (the littering
    violation).
    The issues presented in the Motions are the only
    issues raised in the appeal.
    For the reasons enunciated below
    the Board finds Mr. Doctor
    in violation of Section 21(q) (1)
    and
    (3)
    BACKGROUND
    The citation was issued to Timothy Doctor as present
    owner/operator of Maclair Asphalt,
    Inc.
    The said company
    deposited waste in a facility located in St. Clair County,
    Illinois.
    The facility is operated without an Agency permit and
    is commonly known to the Agency as Sugar Loaf/Nund and is
    designated with the site code No.
    1638190005.
    The facility is
    owned/operated by Mr. Louis Mund.
    (see St. Clair County v. Louis
    Mund,
    AC 90-64).
    On the basis of an inspection conducted by Pamela
    S. Quandt
    115—405

    2
    and David L. Walchshauser on May 9,
    1990,
    St. Clair County
    determined that Timothy Doctor had deposited waste in the
    facility in a manner which resulted in violation of Section
    21(q) (1) and
    (3).
    The county subsequently issued a citation on
    July 5,
    1990 for violation of Section 21(q) (1) and
    (3) and noted
    that Timothy Doctor is subject to a civil penalty of $1000 for
    the violation.
    Timothy Doctor then timely filed a petition for
    review with the Board.
    APPLICABLE
    LAW
    Section 21(q)
    of the Act provides,
    in part,
    that:
    No person shall in violation of subdivision
    (a)
    of Section 21, cause or allow the open
    dumping of any waste in a manner which
    results in any of the following occurrences
    at the dump site:
    1.
    litter;
    3.
    open burning;
    Ill.
    Rev.
    Stat.
    1990 supp.,
    ch.
    111 1/2, par.
    1021
    *****
    Section 31.1 of the Act sets forth the procedural aspects of
    an administrative citation.
    Section 31.1 provides,
    in part,
    that:
    a)
    The prohibitions specified ins
    subsections
    (p)
    and
    (q)
    of Section 21 of
    this Act shall be enforceable either by
    administrative citation under this
    Section or as otherwise provided by this
    Act.
    b)
    Whenever Agency personnel or personnel of a
    unit of local government to which the Agency
    has delegated its functions pursuant to
    subsection
    (r)
    of Section 4 of this Act,
    on
    the basis of direct observation, determine
    that any person has violated any provision of
    subsection
    (p)
    or
    (q)
    of Section 21 of this
    Act, the Agency or such unit of local
    government may issue and serve an
    administrative citation upon such person
    within not more than 60 days after the date
    of the observed violation.
    Ill. Rev. Stat.
    1990 supp.,
    ch.
    111 1/2, par.
    1031.1
    125—406

    3
    *****
    Penalties in action of the type here brought are prescribed
    by Section 42
    (b) (4)
    of the Act which provides:
    In an administrative citation action under Section 31.1
    of this Act, any person found to have violated any
    provision of subsection
    (p)
    or
    (q)
    of SE~ction21 of
    this Act shall pay a civil penalty of $500 for each
    violation of each such provision,
    plus any hearing
    costs incurred by the Board and the Agency.
    Such
    penalties shall be made payable to the Environmental
    Protection Trust Fund to be used in accordance with the
    provisions of “An Act creating the Environmental
    Protection Fund”,
    approved September 22,
    1979 as
    amended; except that if a unit of local government
    issued the administrative citation 50
    of the civil
    penalty shall be payable to the unit of local
    government.
    Ill. Rev. Stat.
    1990 supp.,
    ch.
    111
    1/2,
    par. 1042(b)(4).
    DISCUSSION
    There were two Motions filed at a consolidated hearing on AC
    90—65, AC 90-66 and AC 90—67.
    The first was a Motion to Dismiss
    the violation of Section 21(q) (1) was filed at a consolidated
    hearing on AC 90-65, AC 90-66 and AC 90-67.
    The County objected
    to the filing of the Motion on the grounds that the Motion was
    not timely.
    The County cited to the Board’s procedural rules to
    support its position.
    The County also argued that there has been
    no showing that material prejudice would result if a deviation
    from the timeliness rule was not allowed.
    The County is correct that the Respondents’ Motion to
    Dismiss,
    as a motion preliminary to hearing under the Board’s
    procedural rules, was untimely filed.
    However, the Motion
    articulates the Respondents sole defense at hearing.
    Therefore,
    despite any untimeliness
    in the filing, the Board must address
    the arguments set forth in the Motion.
    In addition, we note
    that, the Board’s Hearing Officer allowed the County time to
    respond to the Motions filed at hearing, thus allowing the County
    an opportunity to present its arguments on the issues.
    It should first be noted that the following exchange
    occurred at hearing between Mr. Doctor’s counsel and the Board’s
    Hearing Officer:
    Professor Schoenberger:
    With respect to the other
    violation, what’s your client’s
    position?
    Ms. Keeley:
    We will plead out to the charges of
    open burning.
    125—407

    4
    Professor Schoenberger:
    Okay.
    Now it’s my understanding
    that the attorneys have agreed to
    submit the matter of whether
    littering is a valid count, under
    state law, to the Illinois
    Pollution Control Board.
    Should
    the Pollution Control Board decide
    adverse to you on the plead that
    you just placed,
    legal arguments
    you just made, what would your
    complaints be with respect to the
    count on litter?
    Ms.
    Keeley:
    Will
    (sic)
    plead out to the charge.
    Thus,
    Mr. Doctor’s attorney consented to judgement on the
    violation of Section 21(q) (3)
    (open burning)
    and agreed to
    consent to judgement on the violation of Section
    21(q) (1)
    if the
    Board found against the Respondent on the Motion to Dismiss
    Violation A(1) filed at hearing.
    These statements appear to
    negate the arguments set forth in the Motion to Dismiss the
    Citation.
    Therefore, the Board denies the Notion to Dismiss the
    Citation.
    The Motion to Dismiss Violation challenges the issuance of
    the citation for litter based on the definition of litter.
    The
    Motion states that “litter”
    is not defined in the Act. Respondent
    points to the definition of “litter”
    in Black’s Law Dictionary
    Fifth Edition which states:
    dumping,
    throwing, placing, depositing,
    or leaving,
    or causing to be dumped, thrown,
    deposited or left any refuse of any kind or
    any object or substance which tends to
    pollute, mar or deface into, upon or about:
    I) Any public street, highway, alley,
    road,
    right-of-way, park or other public place,
    or
    any lake,
    stream, water course, or other body
    of water,
    except by direction of some public
    officer or employee authorized by law to
    direct or permit such acts; or
    II) Any private property without the consent
    of the owner or occupant of such property.
    (Notion p.
    1—2)
    The Notion further argues that the “area of the alleged
    violations was privately owned by Louis Mund” and Respondents had
    Mr. Nund’s permission to dump and burn.
    (Motion p. 2).
    Therefore,
    the Respondents argue, that the open dumping could not
    result in “litter”.
    125—408

    5
    The County responds to the arguments set forth in the Notion
    by citing to the definition of
    “litter” contained in the Litter
    Control Act effective January 1,
    1974.
    Ill. Rev.
    Stat.
    1990
    supp.,
    ch.
    38, par. 86—1 et seq..
    “Litter” means any discarded
    used or unconsumed substance or waste and may include:
    any garbage,
    trash, refuse,
    debris,
    rubbish, grass clippings or other lawn or
    garden waste, newspaper, magazines,
    glass,
    metal, plastic or paper containers or other
    packaging construction material, 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)
    The Litter Control Act predates Section
    (1). ~
    Thus, when
    the General Assembly adopted Section 21(q)(1)
    of the Act it
    already had defined “litter”.
    “Unless context of a statute
    indicates otherwise, words
    or phrases that were used in a prior
    act pertaining to same subject matter will be construed to be
    used in same sense.”
    Jones v.
    Illinois Department of
    Rehabilitation Services,
    504
    F.
    Supp.
    1244.
    The Litter Control
    Act clearly pertains to “litter”;
    thus, the definition of
    “litter” the Board should look to is the definition found in
    Chapter 38.
    The American Heritage Dictionary. Second College Edition
    (1982), defines “litter” as “a disorderly accumulation of objects
    esp.
    (sic)
    carelessly discarded waste materials or scraps”.
    The
    verb “littering”,
    “littered” or “litters”
    is defined by the same
    source as:
    “2. To make untidy by discarding rubbish carelessly
    and 3. To scatter about”.
    “Words used in a statute are to be
    given their ordinary and popularly understood meaning.”
    Kozak v.
    Retirement Board of the Firemen’s Annuity and Benefit Fund of
    Chicago,
    69 Ill.
    Dec.
    177,
    95
    Ill. 2d 211,
    447 N.E.
    2d 394 at 396
    (1983).
    The ordinary and popular meaning of the word “litter”
    also supports the finding of violation under Section 21
    (q)
    (1).
    Section 21(q) (1)
    of the Act would be virtually meaningless
    if the word “litter” was defined to exclude:
    refuse of any kind or any object or substance
    which tends to pollute, mar or deface into,
    upon or about:.
    .
    .
    Any private property
    without the consent of the owner or occupant
    The Litter
    Control Act was
    effective January
    1,
    1974;
    Section 21(q)
    was effective August 31,
    1988.
    125—409

    6
    of such property.
    (Motion p.
    1-2)
    Open dumping would almost never lead to “litter” on private
    property and the prohibition of Section 21(q) (1) would seldom be
    necessary.
    Using respondent’s definition,
    an owner or occupant
    of property could never violate the litter provisions of Section
    21(q)(1).
    Such owner or occupant would be liable for violation
    of the 5 remaining prohibitions of Section 21(q).
    It is well
    settled that in interpreting statutes, “(sjtatutes should be
    construed so that the language is not rendered meaningless or
    superfluous.”
    People
    v.
    Singleton,
    82
    Ill. Dec.
    666,
    469 N.
    E.
    2d 200,
    103 Ill.2d 336.
    Therefore,
    “litter” must be defined in a
    manner which gives meaning to the statute.
    Adopting the
    definition put forward by the Respondent would not do so.
    The Board has not explicitly adopted the definition of
    “litter” used in Chapter 38.
    Neither has the definition cited by
    the Respondent been adopted or rejected.
    However, the Board has
    upheld a citation, issued under Section 21(p) (12),
    for “litter”
    on the site of a landfill.
    (In the Matter of:
    Dan Heusinkved, AC
    87-25, January 21,
    1988).
    The Board stated in that opinion that:
    the interpretation placed upon Section 21(p)
    (12) by the Agency, which is that it is a
    violation of that Section of the Act to fail
    to daily collect and contain litter within
    the site boundaries,
    is the correct
    interpretation.
    (Heusinkved,
    p.
    5.)
    Thus,
    the Board has explicitly held that litter can occur on the
    site of a landfill.
    The Board’s finding in Heusinkved is
    contrary to the definition cited by the Respondent.
    The definition of “litter” cited by the Respondents
    in these
    four cases does not apply to “litter” as used in Section 21(q)
    (1)
    of the Act.
    If the Board were to hold that the definition
    cited by the Respondent is applicable, the effect would be to
    render Section 21(q) (1)
    virtually meaningless.
    In addition, the
    Board has previously held that “litter” can occur on a landfill
    site.
    The General Assembly has adopted in Chapter 38
    a
    definition of “litter” which would give Section 21(q) (1) meaning
    and the Board hereby adopts that meaning.
    Therefore,
    the Board
    holds that the word “litter” as used in Section 21(q) (1)
    of the
    Act does include refuse or debris dumped on private property with
    the consent of the owner of such property.
    Because the Board holds that “litter” includes the refuse
    placed on Mr. Mund’s land with his knowledge and consent, the
    Board denies the Motion to Dismiss Violation A(1) and finds Mr.
    Doctor in violation of Section 21(q) (1)
    of the Act.
    In addition,
    due to statements made on behalf of Mr. Doctor at hearing the
    Board finds Mr. Doctor in violation of Section 21(q)(3)
    of the
    125—410

    7
    Act.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent is hereby found to have been in
    violation on May 9,
    1990, of Ill.
    Rev.
    Stat.
    1990 supp.,
    ch.
    111 1/2, par.
    1021(q) (1)
    and
    (3).
    2.
    Within 45 days of this Order Respondent
    shall, by certified check or money order, pay
    a civil penalty in the amount of one thousand
    dollars
    ($1,000) payable to the Landfill
    Citation Fund.
    Such payment shall be sent
    to:
    Paul Haas
    County Collector
    #10 Public Square
    Belleville,
    Il 62220
    Any such penalty not paid within the time
    prescribed shall incur interest at the rate
    set forth in subsection
    (a)
    of Section 1003
    of the Illinois Income Tax Act,
    (Ill. Rev.
    Stat.
    1990 supp.,
    ch.
    120, par.
    10—1003),
    from the date payment is due until the date
    payment is received.
    Interest shall not
    accrue during the pendency of an appeal,
    during which payment of the penalty is
    stayed.
    3.
    Docket A in this matter is hereby closed.
    4.
    Within 30 days of this Order,
    the County
    shall file a statement of its hearing costs,
    supported by affidavit, with the Board and
    with service upon Respondent.
    Within the
    same 30 days,
    the Clerk of the Pollution
    Control Board shall file a statement of the
    Board’s costs,
    supported by affidavit and
    with service upon the Respondent.
    Such
    filings shall be entered in Docket B of this
    matter.
    5.
    Respondent is hereby given leave to file a
    reply/objection to the filings as ordered in
    paragraph
    4 of this Order within 45 days of
    this Order.
    125—411

    8
    Section 41 of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1990 supp.,
    ch.
    111 1/2, par.
    1041) provides for appeal of
    final Orders of the Board within 35 days.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the abov~Opinion and Order was
    adopted bn the
    ~
    day of
    ~
    ,
    1991,
    by a
    vote of
    2’~-(~
    .
    Dorothy N. fiunn, Clerk
    Illinois Pollution Control Board
    125—4 12

    Back to top