ILLINOIS POLLUTION CONTROL BOARD
    June 20,
    1991
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    V.
    )
    AC 90—56
    )
    (IEPA No.
    295-90-AC)
    (Administrative
    Citation)
    )
    STEVE GILBERT,
    )
    Respondent.
    MR.
    WILLIAM
    SELTZER
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    MR.
    STEVE GILBERT APPEARED PRO SE.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.
    C.
    Marlin):
    This
    matter
    is
    before the Board on an administrative
    citation filed by the Environmental Protection Agency (“Agency”)
    against Steve Gilbert on July
    6,
    1990.
    The citation alleges that
    Mr.
    Gilbert
    violated
    provisions
    of
    the
    Illinois
    Environmental
    Protection
    Act
    (“Act”)
    concerning
    open
    dumping
    resulting
    in
    litter.
    Ill.
    Rev.
    Stat.
    1989,
    ch. 111 1/2, par.
    1021(q) (1).
    Hearing
    was
    held
    on
    this
    matter
    on
    January
    7,
    1991
    at
    100
    South
    Washington
    Street,
    Mansfield,
    Illinois.
    Mr.
    Allyn
    Colantino
    testified
    on
    behalf
    of
    the
    Agency.
    Mr.
    Gilbert
    testified
    on
    his
    own
    behalf.
    Closing
    arguments
    were
    waived
    in
    favor
    of
    post-hearing
    briefs.
    The
    Agency
    filed
    a
    closing
    argument on February 13, 1991.
    Mr. Gilbert filed a closing
    argument on February 19, 1991.
    BACKGROUND
    Mr.
    Steve Gilbert is the owner of a site located in Piatt
    County,
    Illinois designated by the Agency as No. 1478050004,
    commonly
    known
    as “White Heath/Gilbert.”
    The
    site, approximately
    57 acres, contains
    a
    pole barn,
    a shed and an asphalt road.
    On
    January
    17,
    May
    14
    and
    August
    21,
    1990,
    Mr.
    Allyn Colantino,
    Agency
    field
    inspector,
    inspected
    the
    site.
    The
    initial
    inspection
    was
    conducted in response to a citizen’s complaint and
    Mr. Colantino directly observed a large pile of wooden and metal
    debris.
    A copy of his inspection report was filed with the
    citation.
    On the basis of Mr. Colantino’s direct observation,
    the
    Agency
    determined
    that
    Mr.
    Gilbert
    caused
    or
    allowed
    open
    dumping
    at
    the
    site
    in
    a
    manner
    which
    resulted
    in
    litter.
    Mr.
    2
    Colantino further established that Mr. Gilbert did not have a
    permit to operate a sanitary landfill.
    The administrative
    citation requested the Board to impose a penalty of $500.00 plus
    any hearing costs incurred by the Board and the Agency.
    Mr.
    Gilbert contacted the Board by letter on July 16,
    1990 and the
    Board construed the letter as a proper and timely petition for
    review.
    APPLICABLE
    LAW
    Section 21(q)
    of the Act States:
    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 a dump site:
    1.
    litter;
    Penalties in actions of this type are $500.00 for each
    provision, plus any hearing costs incurred by the Board and the
    Agency.
    Ill. Rev.
    Stat.
    1989,
    ch.
    111 1/2, par.
    1042(b)(4).
    DISCUSSION
    Hr. Colantino testified that the site in question first came
    to the Agency’s attention in January,
    1990 through an anonymous
    citizen complaint (R.8).
    Mr. Colantino inspected the site on
    January 17,
    1990 and observed a pile of debris consisting of
    discarded furniture and metal materials.
    Upon a second
    inspection, on May 14,
    1990 Mr. Colantino took several
    photographs of the property; these photographs were introduced at
    the Hearing as Group Exhibits Nos.
    2 and 4
    (R.32;IEPA
    Gr.Exh.2,4)
    Following the initial inspection,
    the Agency spoke with Mr.
    Gilbert several times by telephone.
    Mr. Gilbert proposed burning
    the wood as part of a volunteer fire department training
    exercise.
    The Agency determined that this would amount to the
    disposal of waste by burning;
    an
    activity which requires an
    Agency permit.
    Because Mr. Gilbert did not have the requisite
    permit, and because it was unlikely that the Agency would approve
    such a permit, the Agency rejected that option (R.12,13).
    Mr.
    Gilbert then proposed burying the material on-site, an option
    also rejected by the Agency.
    After several telephone conversations, the Agency issued an
    administrative warning notice
    (“AWN”) which included a copy of
    the first inspection report.
    The
    AWN
    informed Mr. Gilbert that
    the Agency had determined that he had caused or allowed opening
    dumping resulting in litter,
    in violation of Section 21(q) the
    3
    Environmental Protection Act.
    The
    AWN
    gave Mr. Gilbert 60 days,
    until May 14,
    1990, to come into compliance.
    Mr. Colantino
    reinspected the property on May 14,
    1990 and observed nothing had
    been done.
    (R.
    20-21).
    The furniture found on-site originally belonged to the
    University of Illinois.
    Through a series of commercial
    transactions the furniture became the property of the individual
    who owned White Heath prior to Mr. Gilbert.
    The furniture was
    stored in the pole barn at White Heath, where it remained when
    Mr. Gilbert took possession of the property in January of 1989
    (R.1l,16—20).
    Mr. Gilbert subsequently moved the furniture
    outside and piled it next to the barn
    (R. 52).
    Mr. Gilbert testified he used the wooden furniture as
    kindling to heat a shop he owns at another location
    (R.53),.
    He
    used the wood in this manner during the late winter of 1989 and
    throughout the winter of 1990
    (R.53).
    The Agency concedes that
    some material had been used for fuel purposes but alleges that
    Mr. Gilbert was merely burning the wood little by little to avoid
    the cost of hauling the material to a landfill.
    Mr. Gilbert
    eventually had the wooden debris crushed into splinters and
    hauled to the landfill.
    The splinters filled six semi-truckloads
    and the disposal cost amounted to three thousand dollars
    (R.56).
    In August,
    1990 Mr. Gilbert contacted the Agency and stated
    he had cleaned up the site.
    The Agency requested photographs and
    removal receipts to verify the clean-up, which Mr. Gilbert
    supplied.
    After receiving the photographs and receipts, Mr.
    Colantino again inspected the site.
    Mr. Colantino testified that
    while most of the wood debris had been removed, the metal debris
    remained.
    He further testified that the photographs which Mr.
    Gilbert had supplied the Agency as proof of clean-up had been
    taken in a manner which would conceal the remaining metal debris
    (R.3l)
    ANALYS
    IS
    The evidence in the record is largely unrebutted that Mr.
    Gilbert’s property contained discarded furniture and other debris
    which had been,
    and continues to be, openly dumped on his
    property.
    While Mr. Gilbert contends that he planned to use the
    furniture as fuel, the quantity of the wood suggests that this
    was not the case.
    Moreover, the debris now largely consists of
    metal materials which cannot be used as fuel.
    In addition, the
    Board finds that Mr. Gilbert has failed to demonstrate that the
    violation resulted from uncontrollable circumstances.
    The Board,
    therefore, concludes that the furniture and metal materials have
    been improperly dumped.
    The Agency has thereby proven a
    violation of Section 21(q) (1) of the Act.
    4
    ORDER
    1.
    Respondent is hereby found to have been in violation on
    May 15,
    1990 of Ill. Rev.
    Stat.
    1989,
    ch.
    111 1/2,
    pars.
    1021(q)
    (1).
    2.
    Within 45 days of this Order Respondent shall, by
    certified check or money order, pay
    a civil penalty in the amount
    of $500 payable to the Illinois Environmental Protection Trust
    Fund.
    Such payment shall be sent to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    Respondent shall also place his Federal Employee Identification
    Number
    or Social Security Number upon the certified check or
    money order.
    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.
    1989,
    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.
    Within 30 days of this Order, the Agency shall file a
    statement of its hearing costs, supported by an 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 Respondent.
    Such filings shall be entered in Docket
    B in this matter.
    4.
    Respondent is hereby given leave to file a
    reply/objection to the filings as ordered in paragraph
    3 of this
    Order within 45 days of this Order.
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat.
    1989,
    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.
    5
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion
    nd Order was
    adopted on the
    ____________
    day of
    _______________________
    1991 by a vote of
    7~2
    Ill
    Control
    Board

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