ILLINOIS POLLUTION CONTROL BOARD
    August 22,
    1991
    ST. CLAIR COUNTY,
    Complainant,
    AC 90—65
    v.
    )
    (Dockets A
    &
    B)
    (Administrative Citation)
    ARTHUR
    FIELDS
    d/b/a
    ARTHUR
    )
    FIELDS
    COMPANY,
    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 Arthur Fields
    on July 30,
    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.
    111 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 and three companion cases
    (St. Clair County v. Louis Mund, AC
    90-64,
    St.
    Clair County v.
    Sandra
    L.
    Petroff,
    AC 90-66,
    and ~
    Clair
    CountY
    v.
    Timothy
    E.
    Doctor,
    AC
    90-67).
    At hearing,
    Mr.
    Fields’
    attorney
    filed
    a Motion
    to
    Dismiss Violation
    A(i)
    (the
    littering violation).
    No motions were filed regarding the open
    burning citation.
    The issues presented in that motion are the only
    issues raised in the appeal.
    For the reasons enunciated below the
    Board finds Mr. Fields in violation of Section 21(q) (1)
    and
    (3).
    BACKGROUND
    The
    citation
    was
    issued
    to
    Arthur
    Fields
    as
    present
    owner/operator of Arthur Fields
    Company.
    The 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/Mund and
    is designated with the site
    code No. 1638190005.
    The facility is owned/operated by Louis Nund
    (AC 90—64).
    125—389

    2
    On the basis of an inspection conducted by Pamela
    S.
    Quandt
    and
    David
    L.
    Walchshauser
    on
    May
    9,
    1990,
    St.
    Clair
    County
    determined that Arthur Fields 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 Arthur
    Fields is
    subject to a civil penalty of $1000 for the violation.
    Arthur Fields 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
    in
    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
    125—390

    3
    observed violation.
    Ill. Rev. Stat.
    1990 supp., ch. 111 1/2, par. 1031.1
    *****
    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 Section 21 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
    Mr.
    Fields’ Petition for Review states that:
    I had a subcontract with the prime contractor,
    (Maclair Asphalt Co.,
    Inc.)
    St.
    Clair County
    V.
    Timothy E.
    Doctor, AC 90-67,
    to remove and
    dispose
    of
    these
    trees,
    the other
    four
    (4)
    people who received the citations were passive
    participants
    with
    no
    knowledge
    of
    my
    operations.
    (Pet.
    p.
    1).
    Thus,
    Mr. Fields appears to be admitting culpability with regards
    to the open dumping.
    In
    addition,
    the
    following
    exchange
    occurred
    at
    hearing
    between Mr.
    Fields’ 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.
    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
    125—3 9 1

    4
    that you just placed, legal arguments
    you
    just
    made,
    what
    would
    your
    complaints be with respect
    to
    the
    óount on litter?
    Ms. Keeley:
    Will
    (sic)
    plead out to the charge.
    Thus, Mr. Fields’ attorney consented to judgement on the violation
    of Section 2l(q)(3)
    (open burning)
    and consented to judgement on
    the violation of Section
    21(q)(1)
    if the Board found against the
    Responde~iton the Notion filed at hearing.
    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.
    However,
    material prejudice could occur.
    -
    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 Notion.
    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.
    The Notion 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.
    (Motion p.
    1-2)
    125—392

    5
    The Notion further argues that the “area of the alleged violations
    was privately owned by Louis Mund” and Respondents had Mr. Mund’s
    permission
    to dump
    and
    burn.
    (Motion
    p.
    2).
    -
    Therefore,
    the
    Respondent
    argues,
    that the
    open
    dumping
    could
    not
    result
    in
    “litter”.
    The County responds to the arguments set forth in the Motion
    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 pater
    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
    (q)
    ~.
    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:
    1
    The Litter
    Control Act was
    effective
    January
    1,
    1974;
    Section 21(q) was effective August 31,
    1988.
    12 5—393

    6
    refuse
    of
    any kind or any object or substance
    which tends
    to pollute, mar or deface
    in to,
    upon
    or
    about:.
    .
    .
    Any
    private
    property
    without the consent -of the owner or occupant
    of such property.
    (Notion 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
    necessaiy.
    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,
    “s)tatutes
    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 Natter 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 de.finition 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 2l(q)(l)
    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.
    12 5—394

    7
    Because the Board holds
    that “litter”
    includes
    the refuse
    placed on Mr. Mund’s land with his knowledge and consent, the Board
    denies the Notion to Dismiss Violation A(l) and finds Mr.
    Fields
    in violation of Section 21(q) (1) of the Act.
    In addition, due to
    statements made by Mr. Fields in his Petition for Review,
    as well
    as statements made on his behalf at hearing,
    the Board finds Mr.
    Fields in violation of Section 21(q) (3)
    of the Act.
    This
    Opinion constitutes
    the Board’s
    findings
    of
    fact
    and
    conclusi,ons of law in this matter.
    ORDER
    1.
    Respondent
    is
    hereby
    found
    to have
    been
    in
    violation on Nay
    9,
    1990,
    of Ill.
    Rev.
    Stat.
    1990 supp.,
    ch.
    111 1/2,
    par.
    lO2l(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.
    125—395

    8
    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.
    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~aboveOpinion and Order
    was
    adopted on the
    ___________
    day of ~
    ,
    1991, by a vote
    of
    2-C)
    dorothy M.
    unn, Clerk
    Illinois Pollution Control Board
    125—39 6

    Back to top