~ECE~VE~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
7
2004
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
~
Complainant,
)
AC
03-27
)
v.
)
(IEPA
No.
144-03-AC)
)
VINCE HARVEY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Vince
Harvey
1456 North East Street
Kewanee, Illinois 61443
PLEASE TAKE NOTICE that on this date I mailed forfiling with the Clerk of the Pollution Control Board ofthe
State of Illinois the
following instrument(s) entitled POST-HEARiNG BRIEF OF COMPLAINANT.
Respectfully submitted,
Miche leM. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North
Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
January
5,
2004
THIS
FILING SUBMITtED ON
RECYCLED
PAPER
•
MECEWED
•
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JAN
2004
b1M~U~
iI.UNU~
ILLINOIS ENVIRONMENTAL
)
~Q~~LmQN
CONTROL BOARD
PROTECTION AGENCY,
)
)
Complainant,
)
AC 03-27
)
v.
)
(IEPA No. 144-03-AC)
)
VINCE HARVEY,
)
)
Respondent.
)
POST-HEARING BRIEF
OF COMPLAINANT
On March 24, 2003, the Illinois Environmental Protection Agency (“Illinois EPA”) issued
an administrative
citation to Vince Harvey (“Respondent”).
The citation alleges violations of
Section 2l(p)(l) and 21Q,)(7) of the Environmental Protection Act (“Act”) (415 ILCS 5/21(p)(1)
and (p)(7) (2002), in
that Respondent caused or allowed open dumping of waste, resulting in
litter and the deposition ofdemolition debris.
The violations occurred on January 31, 2003 at a
property located at
1456 North East Street, Henry County.
Transcript, p.
8; Exhibit
1.
Illinois EPA has demonstrated that Respondent caused or allowed open dumping on the
site.
“Open dumping” means “the consolidation ofrefuse from one or more sources at a disposal
site that does not fulfill the requirements ofa sanitary landfill.”
415
ILCS
5/3.305
(2002).
“Refuse” means “waste,” (415 ILCS
5/3.385
(2002)), and “waste” includes “any garbage.
.
or
other discarded material” (415 ILCS
5/3.535
(2002)).
The inspection report
admitted into
evidence as Exhibit
1
and the testimony at hearing show that on January 31, 2003, dirt and
debris, brick, scrap metal, wood, plastic,
slag and various other items such as a window and
a
cabinet were accumulated on the site.
Tr. at 9-11, 17-18; Exh.
1, pp.3-14.
These materials
constitute “discarded material” within the meaning ofthe term “waste.” The piles ofdirt, debris,
metal, wood
plastic, and other waste visible in the photographs in Exhibit
1 constitute the
“consolidation of refuse from one or more sources” within the meaning of the term “open
dumping.”
Exh.
1
at 7-14.
Respondent is the owner ofthe property (Tr.
at 8), and has admitted that he brought the
majority ofthe materials to the site.
Tr. at
17;
see also
Tr.
at 12
(eleven of the twelve piles were
materials brought to
the site).
As such, Respondent caused or allowed the open dumping of
waste observed on January 31, 2003.
Respondent’s causing or allowing the open dumping ofthese wastes resulted in “litter”
under Section 21(p)(l) of the Act (415 ILCS
5/2l(p)(l) (2002)).
The Act
does not define “litter,”
but in similar cases, the Board has looked to the definition of “litter” in the Litter Control Act:
“Litter” means any discarded, used orunconsumed substance orwaste.
“Litter” may
include, but is not limited to, any garbage, trash, refuse, debris, rubbish.
.
.
or anything
else of an unsightly or unsanitary nature, which has been discarded, abandoned or
otherwise disposed ofimproperly.
415 ILCS
105/3(a)
(2002); see St.
Clair County v. LouisI. Mund
(Aug. 22,
1991),AC 90-64, slip op.
at 4, 6.
Using this definition, thepiles containing dirt and debris, brick, scrap metal, wood, plastic,
slag
and
various
other
items
constitute “litter” under
Section 2l(p)(l) of the
Act,
and
therefore
Respondent violated that section.
Respondent’s open dumping ofthese wastes also resulted in the deposition of “general
construction or demolition debris” in violation ofSection 2l(p)(7) ofthe Act (415 ILCS
5/2l(p)(7) (2002)).
“General construction or demolition
debris” is defined in Section 3.160 of
the Act, 415
ILCS
5/3.160
(2002), as follows:
•
Non-hazardous,
uncontaminated materials resulting from the construction,
remodeling, repair, and demolition ofutilities, structures,
and roads, limited to the
2
following: bricks, concrete, and other masonry materials; soil; rock; wood,
including non-hazardous painted, treated,
and coated
wood and wood products;
wall coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation;
roofing shingles and
other roofcoverings; reclaimed asphalt pavement; glass;
plastics that are
not sealed in
a manner that conceals waste; electrical wiring and
components containing no hazardous substances;
and piping or metals incidental
to any ofthose materials.
The dirt, debris, brick, and wood at the site constitute “general construction or demolition debris”
under Section 21(p)(7) ofthe Act, and therefore Respondent violated that section.
Respondent’s defense appears to be that he didn’t thinkhe wasdoing anything wrong.
Tr. at
16-17.
However, Respondent’s state ofmind is not
a relevant inquiry in this action.
A person can
cause or allow
a
violation of the Act
without
knowledge or
intent.
County
of Will
v.
Utilities
Unlimited,
Inc.,
et a!.
(July 24,
1997), AC 97-41, slip
op. at
5,
citing
People
v.
Fiorini,
143 Ill.2d
318, 574 N.E.2d 612 (1991).
There is no question that Respondent consolidated the waste materials
on his site,
and his lack ofintent does not create a defense.
Likewise, the fact that some remedial
work has been done
sincethe inspection date is not
a defense.
TheIllinois EPA photographs and inspection report and the eyewitnesstestir
sh~that
Respondent allowed open dumping ofwaste in
a manner resulting in
litter in violation ofSection
21(p)(1) and 21(p)(7) ofthe Act.
Illinois EPA requests that the Board enter a final order finding that
Respondent violated these sections and imposing the statutory penalty.
Respectfully Submitted,
DATED: January 5,2004
•
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
3
PROOF OF SERVICE
I hereby certify
that
I did on the
5th
day of January,
2004,
send by U.S.
Mail,
with postage
thereon fullyprepaid, by depositing in a United States Post Office Box a true and correct copyofthe
following instrument(s) entitled POST-HEARING BRIEF OF COMPLAINANT
To:
Vince Harvey
Carol Sudman
1456 North East Street
Hearing Officer
Kewanee, Illinois 61443
Illinois Pollution Control Board
1021
North Grand Avenue East
Springfield,
IL 62702
and the original and nine (9) true and correct copies ofthe same foregoing instruments
on the same
date by U.S.
Mail with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
~‘~Miche1Ye
M. Rya~r’
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
-
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER