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